3.1
Australia’s international advocacy aims, as well as its domestic response, on child and forced marriage are outlined in a series of strategies and action plans. Situated among broader discussions about human trafficking, modern slavery and gender equality, the key plans and strategies detailing commitments on child and forced marriage produced by the Australian Government in recent years are the:
National Action Plan to Combat Modern Slavery 2020-2025;
National Action Plan on Women, Peace and Security 2021-2031;
Australia’s International Strategy to Combat Human Trafficking and Slavery 2016; and
Gender Equality and Women’s Empowerment Strategy 2016.
3.2
The Australian Government first established a whole-of-government strategy to combat human trafficking and slavery in 2004, through its Action Plan to Eradicate Trafficking in Persons. This has since been updated through subsequent national action plans in 2015 and 2020.
3.3
The range of government departments engaged on the issue was made evident to the Committee. The Committee heard about key bodies established by the Australian Government to coordinate across government, as well as to hear from stakeholders. For example, the National Roundtable on Human Trafficking and Slavery functions as a key consultation mechanism for the Australian Government, with members of the roundtable including key stakeholder organisations.
3.4
Walk Free stated that ‘despite these high-level commitments to ensuring child and forced marriage are addressed internationally, and particularly in the context of security, there are little other international advocacy plans that clearly address these issues.’ Walk Free elaborated:
For example, child and forced marriage are not separately discussed as distinct focus areas in the 2019-20 Annual Report of the Department of Foreign Affairs and Trade (DFAT). Rather, discussion is focused on the related but broader concepts of human trafficking, gender-based violence, child sexual exploitation, and family violence.
National Action Plan to Combat Modern Slavery 2020-2025
3.5
In December 2020, the Australian Government released its National Action Plan to Combat Modern Slavery 2020-2025. The National Action Plan supports five ‘national strategic priorities’ to prevent; disrupt, investigate and prosecute modern slavery crimes; support and protect vulnerable individuals; and partner and research on modern slavery matters.
3.6
Action items committing funding, practical support, research and international engagement on modern slavery issues, including forced marriage were identified by the Department of Home Affairs/Australian Border Force (ABF). The ABF further stated that action item 23 commits ‘to the development of a model for enhanced civil protections for people in, or at risk of forced marriage’:
Under action item 23 of the National Action Plan, the Government has committed to developing a model for enhanced civil protections and remedies for people in, or at risk of forced marriage. As part of consultations in this process, the Australian Border Force is working closely with civil society to identify risks and harms experienced by people in, or at risk of, forced marriage. These risks and harms include dowry abuse.
3.7
The development of the National Action Plan was preceded by a review of the 2015-2019 National Action Plan by the Australian Institute of Criminology, as well as a public consultation process led by the Department of Home Affairs.
3.8
Anti-Slavery Australia commended ‘the Department of Foreign Affairs and Trade’s (DFAT’s) efforts to combat modern slavery under the National Action Plan to Combat Modern Slavery 2020-25 and the International Strategy on Human Trafficking and Modern Slavery.’
3.9
The Australian Border Force stated that it has ‘established a new National Action Plan to Combat Modern Slavery 2020-25 grant program … Round one of the grant program opened on 10 March 2021 and closed on 15 April 2021’. The Department of Home Affairs/ABF further stated that ‘round one includes a stream focused on projects that support the Government’s objectives to combat forced marriage and to support and protect victims.’
3.10
Since 2014, Australian Government grants have been awarded for forced marriage projects to the following organisations:
Australian Muslim Women’s Centre for Human Rights;
Australian Catholic Religious Against Trafficking;
Good Shepherd Australia New Zealand; and
Taldumande Youth Services.
3.11
The ABF stated that it would measure success through the achievement of outcomes, as well as through the formal monitoring and evaluation framework. The ABF elaborated on the commitment to ‘establish a Monitoring and Evaluation Framework for the National Action Plan to enhance data collection and information sharing between government agencies, and with business and civil society organisations’:
There’s a formal way through action item 40 of the national action plan, where the government’s funding a monitoring and evaluation framework with the [Australian Institute of Criminology]. They will be looking at to what extent the actions being taken by government are actually effective.
National Action Plan on Women, Peace and Security 2021-2031
3.12
In April 2021, the Australian Government released its second National Action Plan on Women, Peace and Security 2021-2031. In conjunction with the National Action Plan to Combat Modern Slavery 2020-2025, the National Action Plan on Women, Peace and Security informs that the Australian Government’s approach is to seek progress on the following four outcomes:
supporting women’s meaningful participation and needs in peace processes
reducing sexual and gender-based violence
supporting resilience, crisis, and security, law and justice efforts to meet the needs and rights of all women and girls
demonstrating leadership and accountability for [Women, Peace and Security].
Interdepartmental Committee on Human Trafficking and Slavery
3.13
Chaired by the Department of Home Affairs, the Interdepartmental Committee (IDC) on Human Trafficking and Slavery comprises eleven agencies that provide oversight of Australia’s response to human trafficking:
Attorney-General’s Department
Australian Criminal Intelligence Commission
Australian Federal Police
Australian Institute of Criminology
Commonwealth Director of Public Prosecutions
Department of Jobs and Small Business
Department of Foreign Affairs and Trade
Department of Home Affairs
Department of Social Services
Department of the Prime Minister and Cabinet
3.14
The IDC’s predecessor, the Anti-People Trafficking Interdepartmental Committee was established in 2004. The current iteration was established in 2012-13. Its reports are available through the website of the Department of Home Affairs.
3.15
The reports of the IDC include consideration of forced marriage issues, with the phrase ‘human trafficking and slavery’ used ‘as a general term that encompasses all human trafficking, slavery, and slavery-like offences in Divisions 270 and 271 of the Criminal Code Act 1995 (Cth) (Criminal Code).’
3.16
The ninth report of the IDC was tabled in 2020, covering the period 2016-17, with the next report to cover ‘Australia’s response to human trafficking and slavery throughout 2017-18 to 2019-20.’
International Working Group on Human Trafficking and Slavery
3.17
The ninth report of the IDC describes the International Working Group on Human Trafficking and Slavery as driving and coordinating ‘the Government’s international efforts on human trafficking and slavery.’ The working group has ‘a flexible membership of Australian Government agencies’ and ‘meets approximately quarterly.’
3.18
The ABF advised that ‘the Department of Foreign Affairs and Trade leads the whole-of-government International Working Group on Human Trafficking and Slavery.’
National Roundtable on Human Trafficking and Slavery
3.19
The Department of Home Affairs/ABF stated that ‘in 2008, the Government established the National Roundtable on Human Trafficking and Slavery (the National Roundtable), which brings together civil society, business, unions, academia and the Australian Government departments responsible for combating human trafficking, slavery and slavery like practices, including forced marriage (collectively termed modern slavery).’
3.20
The ABF identified the roundtable’s twice-yearly meetings as a key consultation mechanism on the development of Australia’s response to forced marriage. The ABF stated the National Roundtable ‘has been instrumental in advising government on the policy relating to forced marriage’ and ‘meets on a twice-yearly basis—at the ministerial level once a year and at the senior officials level once a year.’
International Strategy on Human Trafficking and Modern Slavery
3.21
The Australian Government’s International Strategy on Human Trafficking and Modern Slavery was released in March 2016. The strategy ‘uses “human trafficking and slavery” as an umbrella term for a wide range of exploitative practices. These encompass slavery-like practices, including servitude, forced labour, deceptive recruiting, debt bondage and forced marriage.’
3.22
Action item 38 of the National Action Plan to Combat Modern Slavery promotes ‘effective and coordinated international and regional responses to modern slavery in line with the International Strategy on Human Trafficking and Modern Slavery.’
3.23
DFAT stated that the ‘2016 International Strategy to Combat Human Trafficking and Slavery also speaks to the role of the Ambassador for Women and Girls’, now named ‘the Ambassador for Gender Equality’, in ‘advocating for gender equality in our region.’
3.24
Walk Free in June 2021 noted the delays in finalising the revised version of the international strategy. Walk Free advocated that:
To effectively meet the stated goals of advancing women’s economic empowerment and ending violence against women and girls, a clearer co-ordinated focus on child and forced marriage should be incorporated in the International Strategy, specifically as these issues undermine women and girl’s health, education, and income-earning ability across their lifetime.
3.25
DFAT stated in August 2021 that the new ‘international strategy is at an advanced stage’ and is expected to be released before the end of 2021. DFAT elaborated on the impact of changes over the COVID-19 pandemic:
It is true that we undertook some public consultations earlier last year, and they concluded in around July. We found that the situation has changed significantly over the COVID-19 period, including exacerbating the situation, as has been described by other witnesses here today, for particularly forced and child marriage but across the modern slavery and human trafficking spectrum, which this strategy will cover. We wanted to ensure, because it is a five-year strategy, that we were taking that into account when putting that together, and we have done so. … we’ve got an advanced draft, which is actually in the process of consultation with other departments at this point in time. Once that has been concluded, it will be put to the minister. We look forward to the release of that strategy this year.
Gender Equality and Women’s Empowerment Strategy 2016
3.26
The DFAT Gender Equality and Women’s Empowerment Strategy was published in February 2016 and informs the Australian Government’s approach to the provision of official development assistance (ODA).
3.27
DFAT stated that ‘the Australian government’s gender equality and women’s empowerment strategy of 2016 has a focus on three specific pillars which address some of the key drivers of [gender] inequalities.’ DFAT elaborated:
The three pillars of the strategy are: enhancing women’s voices in decision-making, leadership and peace building; promoting women’s economic empowerment; and ending all forms of violence against women and girls. Under this strategy, the Australian government has taken a two-pronged approach supporting specific initiatives to promote gender equality as well as mainstreaming gender equality across all that we do in foreign policy, trade and development.
Concluding comment
3.28
The Committee notes that the Australian Government has made a number of commitments on child and forced marriage matters. These commitments include consideration of enhanced civil protections and remedies, as well embedding advocacy on child and forced marriage among gender equality advocacy work generally.
3.29
While strict definitions of trafficking and modern slavery may not cover child and forced marriage, the Committee acknowledges that the Australian Government’s approach on human trafficking and modern slavery matters has been inclusive of child and forced marriage practices.
3.30
The Australian Government’s aid programming targeted at addressing the underlying drivers of child and forced marriage is discussed in Chapter 4. The Committee acknowledges that DFAT’s Gender Equality and Women’s Empowerment Strategy informs the provision of official development assistance.
3.31
Child and forced marriage cases can cut across a range of government services, including consular, migration, policing, justice and social service supports. The Committee acknowledges evidence that the government has set up mechanisms to coordinate across the multitude of government agencies that provide input on human trafficking issues, for example through its Interdepartmental Committee.
3.32
The Committee also heard that the National Roundtable is a key consultation mechanism used by the Government to seek input from NGOs and other stakeholders on child and forced marriage matters.
3.33
The Committee acknowledges DFAT’s evidence that revised version of the International Strategy to Combat Human Trafficking and Slavery will consider how to respond to issues that have been exacerbated due to the COVID-19 pandemic, and is anticipated to be released before the end of 2021.