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!