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Report of the Interdepartmental Committee on Human Trafficking and Slavery

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Report of the Interdepartmental Committee on Human Trafficking and Slavery TRAFFICKING IN PERSONS The Australian Government Response 1 July 2012 – 30 June 2013 THE FIFTH REPORT OF THE INTERDEPARTMENTAL COMMITTEE ON HUMAN TRAFFICKING AND SLAVERY TRAFFICKING IN PERSONS The Australian Government Response 1 July 2012 – 30 June 2013 THE FIFTH REPORT OF THE INTERDEPARTMENTAL COMMITTEE ON HUMAN TRAFFICKING AND SLAVERY ISBN 978-1-922032-33-1 © Commonwealth of Australia 2014 All material presented in this publication is provided under a Creative Commons Attribution 3.0 Australia licence (www.creativecommons.org/licenses). For the avoidance of doubt, this means this licence only applies to material as set out in this document. The details of the relevant licence conditions are available on the Creative Commons website as is the full legal code for the CC BY 3.0 AU licence (www.creativecommons.org/licenses). Use of the Coat of Arms The terms under which the Coat of Arms can be used are detailed on the It’s an Honour website (www.itsanhonour.gov.au). Contact us Enquiries regarding the licence and any use of this document are welcome at: Business Law Branch Attorney-General’s Department 3–5 National Cct BARTON ACT 2600 Telephone: 02 6141 6666 [email protected] Foreword We are pleased to present this fifth report of the Interdepartmental Committee on Human Trafficking and Slavery. This report details the important work of Australian Government agencies and their partners during 2012–13. Fortunately, instances of human trafficking and slavery remain comparatively rare in Australia, with only 214 victims referred to the Support for Trafficked People Program between 1 January 2004 and 30 June 2013. This number includes 21 men and women identified during this reporting period. The impact of these crimes on victims, however, must not be underestimated. Slavery is a crime against humanity, and undermines that birth right of every human being – freedom. Human trafficking is a major violation of human rights and can have a traumatic and lasting effect on victims. It is for this reason that the Australian Government continues to implement a strong program of initiatives to combat human trafficking and slavery. These initiatives are founded on three equally important needs: to do as much as we can to prevent human trafficking and slavery; to prosecute offenders; and to provide support to trafficked people, including by protecting their human rights. In 2012–13, significant advances were made in furthering these aims. The passage of the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (Slavery Act) and the Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013 strengthened Australia’s ability to prosecute offenders and to protect victims. A key provision of the Slavery Act was the introduction of offences which criminalise forced marriage. The Australian Government believes that marriage should be a happy event, entered into freely between consenting adults. Forced marriage places young people, mostly women and girls, at risk, and can result in harmful consequences, including emotional and physical abuse, restriction of movement and autonomy, and the loss of access to education. As a result of the combined efforts of the Australian Federal Police, Queensland Police, the Commonwealth Director of Public Prosecutions and the Queensland Director of Public Prosecutions, on 16 April 2013, Australia secured our first conviction for child trafficking. The offender, Ms ‘K’, brought her daughter to Australia from Thailand, and subsequently subjected her to sexual exploitation. Ms K was sentenced to nine years’ imprisonment, with a non-parole period of four years; a sentence which was subsequently appealed. In 2012–13, Australia also cemented our role as a regional leader and the most significant donor in East Asia, with the announcement of the new, $50 million flagship program, the Australia-Asia Program to Combat Trafficking in Persons (AAPTIP). iii In the coming year, the Australian Government will finalise and launch the National Action Plan to Combat Human Trafficking and Slavery, a document which will set the strategic aims of Australia’s whole-of-community response to human trafficking and slavery over the coming five years, including measures to quantify the impact and effectiveness of our collective efforts to combat these crimes. During this period, we will focus on improving general community awareness of human trafficking and slavery, and developing strategies to increase resilience amongst groups identified as particularly vulnerable to these crimes. We will also examine ways to address human trafficking and related exploitative practices in supply chains. We look forward to presenting the next report of the Interdepartmental Committee on Human Trafficking and Slavery. The Hon Michael Keenan MP Minister for Justice The Hon Julie Bishop MP Minister for Foreign Affairs The Hon Kevin Andrews MP Minister for Social Services The Hon Scott Morrison MP THE AUSTRALIAN GOVERNMENT RESPONSE 1 JULY 2012 – 30 JUNE 2013 THE AUSTRALIAN GOVERNMENT RESPONSE 1 JULY Minister for Immigration and Border Protection TRAFFICKING IN PERSONS: iv Contents Foreword iii Notes on terminology viii Abbreviations ix Executive summary 1 Introduction 3 Strengthening Australia’s legislative frameworks 6 National Action Plan to Combat Human Trafficking and Slavery 8 Ethical standards and Australian Government procurement 9 Investigation and prosecution 10 Primary legislative provisions 11 Investigations 17 Significant AFP operations 17 Working with State and Territory law enforcement 18 Referrals 18 Criminal methodology 19 Prosecutions 19 Law enforcement training 22 Immigration compliance training 23 Training for Australian consular officials overseas 23 Training for civil marriage celebrants 23 Australia’s response to serious and organised crime 23 v Support and assistance to trafficked people 27 Statistical profile of the Support Program 29 Challenges in delivering the Support Program 31 Human Trafficking Visa Framework 33 Protection for vulnerable workers 35 Fair Work Ombudsman 36 Fair Work Building and Construction 37 Increasing protections for subclass 457 visa holders 38 Building partnerships with the community 40 National Roundtable on Human Trafficking and Slavery 40 National Roundtable Senior Officials’ Meeting 42 National Roundtable Govdex Community 42 Practical support for organisations working to address human trafficking and slavery in Australia 42 Raising community awareness 59 THE AUSTRALIAN GOVERNMENT RESPONSE 1 JULY 2012 – 30 JUNE 2013 THE AUSTRALIAN GOVERNMENT RESPONSE 1 JULY Building partnerships in our region and beyond 61 Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime 61 United Nations 62 Conference of Parties to the United Nations Convention against Transnational Organized Crime 62 Australia’s Sixth Report under the International Covenant on Civil and Political Rights 62 TRAFFICKING IN PERSONS: Australia’s Fifth Report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 63 UN Committee on the Elimination of Discrimination against Women 63 UN Commission on the Status of Women 64 Consultation on the draft Basic Principles on the Right to an Effective Remedy for Trafficked Persons 64 OSCE Conference on improving the security of women and girls 65 National Human Rights Action Plan 65 Global Ambassador for Women and Girls 66 Ambassador for People Smuggling Issues 66 vi The Commonwealth 66 2013 Quintet Meeting of Attorneys General 67 ONTENTS Building regional capability 67 C Australia’s response 67 Australia-Asia Program to Combat Trafficking in Persons (AAPTIP) 68 Preventing human trafficking to Australia 72 Building legal and law enforcement capacity in our region 73 Trafficking in children for adoption 75 Understanding human trafficking, slavery and related exploitation 77 Australian Institute of Criminology research 77 Parliamentary inquiries 81 Mapping exercise on service provision and awareness-raising 83 UNODC Global Report on Trafficking in Persons 83 The year ahead 84 Appendix 1: Convictions in 2012–13, and ongoing matters 86 Appendix 2: AIC research 89 Appendix 3: Extracts of the Commonwealth Criminal Code Act 1995 and the Commonwealth Crimes Act 1914 91 vii Notes on terminology Human trafficking vs. people trafficking In 2012–13, the Australian Government formally replaced references to ‘people trafficking’ with references to ‘human trafficking, slavery and slavery-like practices’. This change was made to more accurately reflect work undertaken by members of the Interdepartmental Committee on Human Trafficking and Slavery and the National Roundtable on Human Trafficking and Slavery (previously the Anti-People Trafficking Interdepartmental Committee and the National Roundtable on People Trafficking respectively), and to recognise forms of exploitation that do not require an element of movement. For ease of reference, this document uses ‘human trafficking and slavery’ as a general term that encompasses slavery-like practices including servitude, forced labour, deceptive recruiting for labour or services, debt bondage and forced marriage. Trafficked person vs. victim The term ‘trafficked people’ is also used as a general term that encompasses all victims of human trafficking, slavery and slavery-like practices. The exception is where the term ‘victim’ is used in relation to a proper noun or has a specific meaning in relation to law
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