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Inquiry Into Establishing a Modern Slavery Act in Australia Submission
P a g e | 2 Table of Contents 1. Introduction ..................................................................................................................... 3 2. Summary ......................................................................................................................... 3 3. Methodology & Terminology .......................................................................................... 5 4. Terms of Reference ......................................................................................................... 5 5. History and Background ................................................................................................. 6 5.1 A Short History of Modern Slavery and its Discontents ................................................................ 6 5.2 International Efforts to Combat Modern Slavery: A New International Standard ....................... 8 5.3 Regional Efforts to Combat Moderns Slavery ............................................................................... 9 5.4 Country Efforts to Combat Modern Slavery & Supply Chain Abuses ......................................... 10 5.5 Other Non-Binding Civil Society Developments ......................................................................... 12 5.6 Australian Business Developments to Address Modern Slavery ................................................ 12 6. Modern Slavery: The Australian Context..................................................................... 14 6.1 Identifying the Problem: Recent Concerning Trends -
Australian Parliamentary Inquiry Into Modern Slavery
AUSTRALIAN PARLIAMENTARY INQUIRY INTO MODERN SLAVERY Prepared in collaboration with 1 Position Overview 1.1 Human rights protection has traditionally been a matter for the State. However, 1due to globalisation, the liberalisation of trade and the immense economic power of corporations, it is now well recognised that there is a crucial link between the way in which businesses conduct their operations and human rights. In the list of the world’s top 100 economic entities, 31 are nation states and 69 are corporations.1 1.2 STOP THE TRAFFIK Australia is part of a global coalition that aims to stop and prevent human trafficking and slavery. In Australia, this coalition consists of 30 organisations. We collectively aim to work with corporations to increase transparency in their supply chains and introduce measures to eliminate human trafficking, slavery and slavery like practices. Our efforts are particularly focused on the cocoa, tea, garment and fishing industries, although our work is not confined to these sectors. 1.3 We very much welcome the Joint Standing Committee’s inquiry and applaud the Australian government’s efforts to identify international best practice in preventing human trafficking, slavery and slavery like practices. Human Trafficking, Slavery, and2 Slavery-like practices in corporate supply chains. 2.1 The United Nations defines trafficking in persons as ‘the recruitment, transportation, transfer, harbouring or receipt of people through the use of threats, force, coercion, abduction, fraud or deception, for the purpose of exploitation.’ This definition has thus far also been employed in the Australian context.2 2.2 From the outset, we consider it pertinent to note that the term “Modern Slavery” has gained popular usage. -
Ian Love Slavery and Victim Protection – Legal Research Paper 2016
Ian Love Slavery and Victim Protection – Legal Research Paper 2016 VICTIM PROTECTION MEASURES IN AUSTRALIA ARE NOT CONSISTENT WITH THE UNITED NATIONS PREVENTION OF HUMAN TRAFFICKING PROTOCOL This paper proposes that Australia’s implementation of the Trafficking Protocol 1 is not consistent with the victim protection articles,2 which seek to ensure that victims are protected and not re-victimised. Every State is obliged to criminalise slavery and protect victims from further victimisation,3 yet there remain an estimated 21m to 35.8m people living in some form of slavery.4 Slavery situations range from small operations involving a few women and a massage parlour in Melbourne,5 to operations sourcing thousands of young boys to work on fishing boats in Thailand6 to large illegal mining and ecocide in Eastern Congo7 and to industrial scale slavery, such as that practiced by Boko Haram and ISIS.8 There is no published data showing how the 35.8m people are distributed within these situations, but it is not relevant for the purpose of this paper. No matter the scale or context, the offence basically comes down to slavery and the 1 United Nations Convention Against Transnational Organized Crime and The Protocols Thereto, Annex II, Protocol to Prevent, suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Text against Transnational Organized Crime herein after referred to as the ‘Trafficking Protocol’. 2 Ibid art 6-8. 3 United Nations Convention Against Transnational Organized Crime and The Protocols Thereto, Annex II, Protocol to Prevent, suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Text against Transnational Organized Crime. -
Critical Australian Indigenous Histories
Transgressions critical Australian Indigenous histories Transgressions critical Australian Indigenous histories Ingereth Macfarlane and Mark Hannah (editors) Published by ANU E Press and Aboriginal History Incorporated Aboriginal History Monograph 16 National Library of Australia Cataloguing-in-Publication entry Title: Transgressions [electronic resource] : critical Australian Indigenous histories / editors, Ingereth Macfarlane ; Mark Hannah. Publisher: Acton, A.C.T. : ANU E Press, 2007. ISBN: 9781921313448 (pbk.) 9781921313431 (online) Series: Aboriginal history monograph Notes: Bibliography. Subjects: Indigenous peoples–Australia–History. Aboriginal Australians, Treatment of–History. Colonies in literature. Australia–Colonization–History. Australia–Historiography. Other Authors: Macfarlane, Ingereth. Hannah, Mark. Dewey Number: 994 Aboriginal History is administered by an Editorial Board which is responsible for all unsigned material. Views and opinions expressed by the author are not necessarily shared by Board members. The Committee of Management and the Editorial Board Peter Read (Chair), Rob Paton (Treasurer/Public Officer), Ingereth Macfarlane (Secretary/ Managing Editor), Richard Baker, Gordon Briscoe, Ann Curthoys, Brian Egloff, Geoff Gray, Niel Gunson, Christine Hansen, Luise Hercus, David Johnston, Steven Kinnane, Harold Koch, Isabel McBryde, Ann McGrath, Frances Peters- Little, Kaye Price, Deborah Bird Rose, Peter Radoll, Tiffany Shellam Editors Ingereth Macfarlane and Mark Hannah Copy Editors Geoff Hunt and Bernadette Hince Contacting Aboriginal History All correspondence should be addressed to Aboriginal History, Box 2837 GPO Canberra, 2601, Australia. Sales and orders for journals and monographs, and journal subscriptions: T Boekel, email: [email protected], tel or fax: +61 2 6230 7054 www.aboriginalhistory.org ANU E Press All correspondence should be addressed to: ANU E Press, The Australian National University, Canberra ACT 0200, Australia Email: [email protected], http://epress.anu.edu.au Aboriginal History Inc. -
A-Governmental Coordination and Years’ Imprisonment Or a Fine Under This Law Are Not Cooperation in Vulnerable Southern Border Prov- Sufficiently Stringent
COUNTRY NARRATIVES 52 AFGHANISTAN AFGHANISTAN (Tier 2) Prosecution The Government of Afghanistan did not provide Afghanistan is a source, transit, and destination sufficient evidence of efforts to punish traffick- country for men, women, and children trafficked for ing over the reporting period. Afghanistan does the purposes of commercial sexual exploitation and not prohibit all forms of trafficking, but relies forced labor. Afghan children are trafficked within the on kidnapping and other statutes to charge country for commercial sexual exploitation, forced some trafficking offenses. These statutes do not marriage to settle debts or disputes, forced begging, specify prescribed penalties, so it is unclear whether debt bondage, service as child soldiers, and other penalties are sufficiently stringent and commen- forms of forced labor. Afghan women and girls are surate with those for other grave crimes, such as also trafficked internally and to Pakistan, Iran, Saudi rape. Despite the availability of some statutes, Arabia, Oman, and elsewhere in the Gulf for commer- Afghanistan did not provide adequate evidence of cial sexual exploitation. Afghan men are trafficked to arresting, prosecuting, or convicting traffickers. The Iran for forced labor. Afghanistan is also a destination government reported data indicating traffickers had for women and girls from China, Iran, and Tajikistan been prosecuted and convicted, but was unable to trafficked for commercial sexual exploitation. Tajik provide disaggregated data. There was no evidence women and children are also believed to be traf- that the government made any efforts to investigate, ficked through Afghanistan to Pakistan and Iran for arrest, or prosecute government officials facilitating commercial sexual exploitation. trafficking offenses despite reports of widespread complicity among border and highway police. -
The Big Picture
The igicture b p The Gurindji people lived in the Victoria River country in the Northern Territory for thousands of years. In 1883, Europeans came and set up Wave Hill cattle station on Gurindji land. The traditional owners had nowhere to live and their hunting grounds were destroyed by the cattle. To survive, they took jobs on cattle stations as house servants and stockmen. Indigenous workers were treated like slaves. They could not leave the cattle stations and often worked without pay. In 1914, Wave Hill cattle station was taken over by the Vestey Pastoral Wave Hill cattle station Company, owned by English millionaire Lord Vestey. The company made is about 600 kilometres huge profits by paying Indigenous workers flour and beef instead of money. south of Darwin in the Indigenous families at Wave Hill lived in iron huts with dirt floors and no Northern Territory. lights, running water or toilets. There were no schools or health clinics. On 22 August 1966, more than 200 men, Wave Hill cattle station was set up on the traditional lands of the Gurindji people, who had lived there for women and childrenEyewitness words thousands of years before European settlement. of the Gurindji peopleBilly Bunter Jampijinpa Unfair pay packed their belongingsBilly Bunter Jampijinpa was 16 at the time of By 1966, the Vestey Pastoral Company the walkout. About living conditions at Wave had leased about 16 000 square and walked off HillWave cattle station, he said: kilometres of Northern Territory land We were treated just and employed more than 30 000 Hill cattle station in the people worldwide. -
The Astronomy of the Kamilaroi and Euahlayi Peoples and Their Neighbours
The Astronomy of the Kamilaroi and Euahlayi Peoples and Their Neighbours By Robert Stevens Fuller A thesis submitted to the Faculty of Arts at Macquarie University for the degree of Master of Philosophy November 2014 © Robert Stevens Fuller i I certify that the work in this thesis entitled “The Astronomy of the Kamilaroi and Euahlayi Peoples and Their Neighbours” has not been previously submitted for a degree nor has it been submitted as part of requirements for a degree to any other university or institution other than Macquarie University. I also certify that the thesis is an original piece of research and it has been written by me. Any help and assistance that I have received in my research work and the preparation of the thesis itself has been appropriately acknowledged. In addition, I certify that all information sources and literature used are indicated in the thesis. The research presented in this thesis was approved by Macquarie University Ethics Review Committee reference number 5201200462 on 27 June 2012. Robert S. Fuller (42916135) ii This page left intentionally blank Contents Contents .................................................................................................................................... iii Dedication ................................................................................................................................ vii Acknowledgements ................................................................................................................... ix Publications .............................................................................................................................. -
The Land Rights Movement
25 YEARS OF NATIVE TITLE RECOGNITION Contents Settlement and 1 disposession Yirrkala Bark Petitions 1963 2 The Freedom Ride 1965 2 Wave Hill Station walk off 3 1966–1975 Gove Land Rights case 4 1968–1971 Aboriginal Tent Embassy 4 1972 Yolgnu claimants in the Land Rights case over the Gove Peninsula discuss aspects of Racial Discrimination Act 5 the hearing outside the courtroom in Canberra, September 1970. Source: National Archives of Australia. 1975 Reproduced with permission from Department of Foreign Affairs and Trade Aboriginal Land Rights (NT) 6 © Commonwealth of Australia. Act 1976 Noonkanbah 6 THE ROAD TO NATIVE TITLE: 1978–1980 THE LAND RIGHTS MOVEMENT Mabo No 2 6 1982–1992 Settlement and dispossession Paul Keating Redfern 7 From the time of first European settlement, Aboriginal and Torres Strait Islander Speech 1992 Australians have fought to maintain, and have recognised, their traditional rights to ownership of land. In 1788 the colony of New South Wales was established and the founding of Australia as a British colony had begun. The colony was settled on the basis of the doctrine of international law whereby the continent was deemed to be terra nullius—land belonging to no-one. Despite the obvious presence of Indigenous people, in the eyes of the British the land was considered to be practically unoccupied, without settled inhabitants and without settled law. The Colony was claimed for the British Sovereign on 26 January 1788. There is ongoing debate about the legal status of the ‘settlement’ as the land was clearly occupied and; there was no treaty and no (declared) war. -
Introduction Modern Slavery in Australia
To: Morry Bailes, President, Law Council of Australia Memo From: Belinda Wilson, President, Law Institute of Victoria Subject: Modern Slavery Bill 2018 Date: 13 July 2018 Introduction 1. The Law Institute of Victoria (‘LIV’) welcomes the opportunity to provide comments to the Law Council of Australia (‘LCA’) on the Legal and Constitutional Affairs Legislation Committee’s inquiry into the Modern Slavery Bill 2018 (‘the Bill’). These comments are informed by members of the LIV’s Workplace Relations Sec- tion. 2. Although the LIV supports the Bill, it is submitted that: • The revenue threshold be reduced from $100 million to $25 million; • A list of entities required to report be publicly available, noting those enti- ties that have and have not complied with reporting requirements; • An Independent Anti-Slavery Commissioner be appointed; and • Penalties for non-complying entities be introduced. Modern slavery in Australia Domestic business operations: 3. As relayed in Article 1 of the International Convention to Suppress the Slave Trade and Slavery of 1926, slavery is ‘the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised’. The term ‘modern slavery’ refers to activities of slavery that exist in contemporary society.1 1 Joint Standing Committee on Foreign Affairs, Defence and Trade, Parliament of the Commonwealth of Australia, ‘Hidden in Plain Sight: An inquiry into establishing a Modern Slavery Act in Australia’ (2017) 1. 1 These activities, which include servitude, forced labour, child labour and exploita- tion, present serious human rights concerns.2 According to the 2016 Global Slav- ery Index, 58% of the total number of people experiencing modern slavery live in India, China, Pakistan, Bangladesh and Uzbekistan.3 Although modern slavery is more likely to occur in countries where corruption is widespread, and the rule of law has broken down, it can happen in Australia where vulnerable groups are discriminated against, live in impoverished conditions, or are weakly protected by existing laws. -
THE CASE for an AUSTRALIAN MODERN SLAVERY ACT a Tea Worker Picking Leaves in a Tea Plantation
THE CASE FOR AN AUSTRALIAN MODERN SLAVERY ACT A tea worker picking leaves in a tea plantation. Sri Lanka is the world’s fourth largest producer of tea. Overwhelming evidence has documented the many exploitative practices hidden within the tea supply chain in many countries, including Sri Lanka, with cases of forced labour, child labour and trafficking. In response to public outcry and consumer campaigns, some businesses have begun to clean up their supply chains and provide sustainable working conditions for workers. (2013) Copyright © 2017. The Minderoo Foundation Pty Ltd. All rights reserved. Printed in Australia. Photo credit, mattjeacock FOREWORD can collaborate to find creative, commercial and long lasting solutions. Who is better placed than large companies to review supply chains, with demonstrated success at managing global networks to transform sectors, not only to protect victims but because it makes business sense? When better than now, in an era where an email can be sent instantly across the world to suppliers, allowing us to engage in regular and accountable dialogue with business partners? Conversations around modern slavery have dramatically increased with the appointment of an independent commissioner in the UK and emerging laws in the UK, USA and Europe. Successive Australian governments have Across the nation, from school assemblies to football already introduced stronger laws to criminalise human matches, Australians proudly sing our national anthem, trafficking and slavery. Australian companies including Qantas, Wesfarmers and the Commonwealth Bank of Australia are already filing slavery statements under laws Australians all let us rejoice, overseas. The Attorney General, Senator the Hon George for we are young and free. -
Today We're Alive – Generating Performance in a Cross-Cultural
Faculty of Education and Social Work The University of Sydney Today We’re Alive – generating performance in a cross-cultural context, an Australian experience. By Linden Wilkinson A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy 2014 Faculty of Education and Social Work Office of Doctoral Studies AUTHOR’S DECLARATION This is to certify that: l. this thesis comprises only my original work towards the Doctorate of Philosophy. ll. due acknowledgement has been made in the text to all other material used. lll. the thesis does not exceed the word length for this degree. lV. no part of this work has been used for the award of another degree. V. this thesis meets the University of Sydney’s Human Research Ethics Committee (HREC) requirements for the conduct of this research. Signature: Name: Linden Wilkinson Date: 17th September, 2014 Acknowledgements I wish to acknowledge my supervisors, Associate Professor Dr Michael Anderson and Dr Paul Dwyer, for their support, rigour and encouragement in relation to this project. I would also like to thank my family for their patience. And I would like to express my profound gratitude to everyone, who shared their time, their wisdom and their memories so willingly to this undertaking. The Myall Creek story goes on… Finally to the actors – to Fred, Anna, Lily, Genevieve, Aunty Rhonda & Terry in 2011, to Bjorn, Rosie, Frankie & Russell in 2013 – thanks for your skill, your trust, your imagination and your humour. And thanks for saying, “Yes.” i Today We’re Alive generating performance in a cross-cultural context, an Australian experience Abstract Using a mixed methods approach this thesis explores the construction and dissemination of a cross-cultural play within the Australian context. -
Australian Afterlives of Atlantic Slavery: Belatedness and Transpacific
“Australian Afterlives of Atlantic Slavery: Belatedness and Transpacific American Studies” Clare Corbould (Monash University) and Hilary Emmett (University of East Anglia)1 This paper takes up the concept of the “afterlife” in order to reflect upon the logics of exclusion, belatedness, and succession that have characterised key interventions in transpacific American Studies. That transpacific American Studies might be thought of as “belated” is less to do with the actual chronology of the field than with the way that even early, ground-breaking scholars situated themselves in the field on the one hand and the way that others have engaged and, at times, celebrated the fantasised atemporality of the region itself on the other.2 For Rob Wilson in 2000, the American Pacific was excluded from the “Eurocentric and/or ‘exceptionalist’” models that governed American Studies.3 Paul Lyons (2006) identified ignore-ance “as a constitutive component of American studies work in Oceania,” a concept that resurfaces in Mari Yoshihara’s Editor’s Note to Lyons’ and Ty P. Kawika Tengan’s 2015 special issue of American Quarterly on “Pacific Currents” in which Yoshihara proposes that the absence implied by the notion of a Pacific “Rim” is perpetuated by the neglect of the region in Americanist scholarship.4 Yunte Huang (2008) (after James Clifford) returned to the imagined Pacific’s premodernity in order to celebrate “aprogressive narratives” as a form of poetic resistance to imperialist and nationalist discourses of the transpacific, even as Alfred W. McCoy and Francisco A. Sacarano’s Colonial Crucible 1 We acknowledge gratefully the comments and suggestions of the following people as we wrote this essay: Warwick Anderson, Michelle Coghlan, Kate Fullagar, Sarah Gleeson- White, Marilyn Lake, Christina Twomey, and members of the “Place, Nation, and Environment” research group at the University of East Anglia.