FORCED LABOUR AND HUMAN
TRAFFICKING: THE CRIMINALISATION OF
LABOUR TRAFFICKING
Susan Kneebone
Emeritus Associate Castan Centre
17 May 2013
HUMAN TRAFFICKING Incudes ‘labour trafficking’ A ‘bifurcated’ approach to human
trafficking distorts the focus The exploitation covered by the
Trafficking Protocol includes ‘labour trafficking’
Forced labour is an extreme example of exploitation
HOW DID WE GET TO THIS POSITION? Australia: The early response to trafficking focused
on prostitution and illegal migration The legislation reflected that focus The ‘457’ visa issue International students
HOW DOES OUR PROBLEM WITH LABOUR TRAFFICKING CONNECT WITH THE REGION? It is connected The region knew from the beginning
that ‘human trafficking’ = people moving to work
Victims of labour trafficking are (mostly) migrant workers
It is a transnational issue (mostly) [But we need to recognise internal
trafficking]
SO IF THIS IS A PROBLEM OF HUMAN TRAFFICKING WHAT ARE THE CONSEQUENCES?
The anti- trafficking framework requires Prevention Protection and Cooperation (Federal \ state and transnational)
MUCH MORE NEEDS TO BE DONE ON PREVENTION We need campaigns targeted at
particular industries Eg, construction, hospitality, plus
international students We need to bring in the unions and
other labour abuse scrutineers To recognise the human rights
dimension …
LESSONS FROM EARLY RESPONSES TO HUMAN TRAFFICKING A focus on protection brings the victim
into the picture Without victims criminalisation is
ineffective
IS OUR LEGAL FRAMEWORK ADEQUATE? No The Criminal Code is too narrowly
focused It does not capture the whole essence of
the trafficking process Further it is not transnational in operation The exploitation mostly begins at an
overseas point Issues with recruitment \ pre-departure
training at source Australia’s current efforts on anti-trafficking
in the region
WHAT ABOUT COOPERATION Australia could learn a lot from the
region and take a leadership role As distinct from a defensive stance
Issues with bilateral arrangements in the region
The need for a stronger focus on state responsibilities to migrant workers
WE NEED TO LEARN FROM OUR PAST MISTAKES And from our neighbours
THANK YOU!