Human Trafficking and Exploitation Fourth National Conference on the Pastoral Care of Migrants and Refugees Jennifer Burn Director, Anti-Slavery Australia Ph

UN Special Rapporteur Joy Ezeilo meets Pope Francis at a workshop on Trafficking and Slavery in 2013

Human trafficking in Australia “Australia is a destination country for victims of trafficking. … In the large majority of cases, victims where found to be working in the sex industry. However, a growing number of cases of other forms of trafficking, including for forced and exploitative labour, are emerging.” UN Special Rapporteur on Trafficking, 2012 Victims are controlled through subtle means such as: – Illegal debt – Fear of violence – Psychological coercion & threats to selves and family

UN PROTOCOL ON TRAFFICKING Article 3 of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children defines trafficking in persons as: The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation includes …the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

THE THREE ELEMENTS OF TRAFFICKING The Three Elements of Trafficking Recruiting OR Harboring OR Moving OR Obtaining a person, 1 PROCESS by Force OR Fraud OR Coercion 2 MEANS For the purposes of Involuntary Servitude OR Debt Bondage OR Slavery 3 END

UN TRAFFICKING PROTOCOL Criminalise trafficking in persons (articles 3 & 5) Take measures to protect and assist the victims of trafficking, including considering the implementation of measures to help rehabilitate victims through the provision of housing and counseling and training (article 6) Consider taking legislative or other measures to permit victims to remain in their territory, temporarily or permanently in appropriate cases (article 7) Establish comprehensive policies, programs and other measures to prevent trafficking and protect its victims, especially women and children (article 9) Australia has signaled intention to ratify convention but has not done so yet. Trafficking Protocol does not provide perfect template for best practice in protecting the rights of trafficking victims.

PEOPLE SMUGGLING AND TRAFFICKING The main theoretical difference between smuggling and trafficking is that smuggling is a consensual agreement between a person and smuggler to facilitate unauthorised travel whereas trafficking in persons involves force, coercion, deceit The distinction between trafficking and smuggling is not always clear cut. A person may begin a journey as a smuggled migrant and end the journey in an exploitative situation that falls within the UN Protocol definition of trafficking. Photo by J. Maillard, International Labour Organization

Slavery Convention 1926 Article 1 For the purpose of the present Convention, the following definitions are agreed upon: (1) 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. (2) The slave trade includes all acts involved in the capture, acquisition or disposal of a person with intent to reduce him to slavery; all acts involved in the acquisition of a slave with a view to selling or exchanging him; all acts of disposal by sale or exchange of a slave acquired with a view to being sold or exchanged, and, in general, every act of trade or transport in slaves. vention.aspx

Servile marriage: Supplementary Convention on the Abolition of Slavery 1956 (c) Any institution or practice whereby: (i) A woman, without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person or group; or (ii) The husband of a woman, his family, or his clan, has the right to transfer her to another person for value received or otherwise; or (iii) A woman on the death of her husband is liable to be inherited by another person;

Forced Labour Convention, 1930 No 29 For the purposes of this Convention the term forced or compulsory labour shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.

People Trafficking and Modern Day Slavery Control of freedom of movement and personal decisions Confiscating identity documents Sexual assault and other physical violence Deception about the type of work and the work conditions Threatening the person or their family Little or no payment for work Isolation, verbal abuse, humiliation Creation of fear of exposure, distrust of law enforcement, – authority

Challenges in Australia Exploitation Domestic labour exploitation Workplace exploitation Exploitation in embassies Child trafficking Commercial surrogacy Adoption How to respond? Human rights Awareness Protection Support Remedies Regional support

Shortfalls in care of trafficked and exploited people Visa names – Criminal Justice Stay Visa – Witness Protection Trafficking Permanent Visa Visa framework Social security changes English language Vocational assistance Criminal justice focus Victims compensation scheme Family reunion Response to child and forced marriage

World Day Against Trafficking in Persons 30 July 2014 “If you are a corporation or a business, take action to ensure that your supply chain is free of human trafficking and that no one is held in forced labour. If you’re an individual, buy responsibly and avoid becoming part of the human trafficking chain. We must break the chain of human trafficking, this is my message to us all today,” 06&LangID=E#sthash.5gYxvyJc.dpuf

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