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Footnotes
Chapter 1 Introduction
[1]
The World Bank defines Civil Society as referring to: the term civil
society to refer to the wide array of non-governmental and not-for-profit
organisations that have a presence in public life, expressing the interests and
values of their members or others, based on ethical, cultural, political,
scientific, religious or philanthropic considerations. Civil Society
Organisations (CSOs) therefore refer to a wide of array of organisations: community
groups, non-government organisations, labour unions, indigenous groups,
charitable organisations, faith-based organisations, professional associations,
and foundations. World Bank, ‘Defining Civil Society’, viewed on 29 March
2012, <http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/CSO/0,,contentMDK:20101499~menuPK:244752~pagePK:220503~piPK:220476~theSitePK:228717,00.html>.
[2]
See appendices A, B and C.
Chapter 2 Definitions of slavery, slavery-like practices and people trafficking
[1]
The Australian Government uses the term ‘people trafficking’ rather than
the international term of ‘trafficking in persons.’ These terms are synonymous
and are used interchangeably within this report.
[2]
Article 1, International Convention to Supress the Slave Trade and
Slavery, viewed on 26 April 2013, < http://www.austlii.edu.au/au/other/dfat/treaties/1927/11.html>.
[3]
Department of Foreign Affairs and Trade, ‘Slavery Convention’, viewed on
26 April 2013, <http://www.info.dfat.gov.au/Info/Treaties/treaties.nsf/AllDocIDs/50A009A21202EB83CA
256B83007C3FAB>.
[4]
United Nations, ‘United Nations Treaty Collection’, viewed on 26 April
2013, <http://treaties. un.org/ Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-2&chapter=18&lang=en>.
[5]
Article 1, Supplementary Convention on the Abolition of Slavery, the
Slave Trade, and Institutions and Practices Similar to Slavery, viewed on 26
April 2013, <http://www. austlii.edu.au/au/other/dfat/treaties/1958/3.html>.
[6]
Article 1, Supplementary Convention on the Abolition of Slavery, the
Slave Trade, and Institutions and Practices Similar to Slavery, viewed on 26
April 2013, <http://www. austlii.edu.au/au/other/dfat/treaties/1958/3.html>.
[7]
Article 1, Supplementary Convention on the Abolition of Slavery, the
Slave Trade, and Institutions and Practices Similar to Slavery, viewed on 26
April 2013, <http://www. austlii.edu.au/au/other/dfat/treaties/1958/3.html>.
[8]
Article 1, Supplementary Convention on the Abolition of Slavery, the
Slave Trade, and Institutions and Practices Similar to Slavery, viewed on 26
April 2013, <http://www. austlii.edu.au/au/other/dfat/treaties/1958/3.html>.
[9]
Article 1, Supplementary Convention on the Abolition of Slavery, the
Slave Trade, and Institutions and Practices Similar to Slavery, viewed on 26
April 2013, <http://www. austlii.edu.au/au/other/dfat/treaties/1958/3.html>.
[10]
United Nations, United Nations Treaty Collection, viewed on 26 April 2013, <http://treaties.un.org/Pages/ViewDetailsIII.aspx?&src=TREATY&mtdsg_no=XVIII~4&chapter=18&Temp=mtdsg3&lang=en>.
[11]
Article 1, Supplementary Convention on the Abolition of Slavery, the Slave
Trade, and Institutions and Practices Similar to Slavery, viewed on 26 April
2013, <http://www. austlii.edu.au/au/other/dfat/treaties/1958/3.html>.
[12] Article
2, Convention Concerning Forced or Compulsory Labour, viewed on 26 April 2013,
<http://www.ilo.org/dyn/normlex/en/f?p=1000:12100:0::NO::P12100_INSTRUMENT_ID:
312174>.
[13]
International Labour Office, ILO Global Estimate of Forced Labour:
Results and Methodology, 2012, p. 19.
[14]
International Labour Organisation, Ratifications of C029 – Forced Labour
Convention, 1930 (No. 29), viewed on 26 April 2013, <http://www.ilo.org/dyn/normlex/en/f?p=1000:
11300:0::NO:11300:P11300_INSTRUME NT_ID:312174>.
[15]
International Labour Organisation, Ratifications of C029 – Forced Labour
Convention, 1930 (No. 29), viewed on 26 April 2013, <http://www.ilo.org/dyn/normlex/en/f?p=1000:
11300:0::NO:11300:P11300_INSTRUME NT_ID:312174>.
[16]
Article 3, Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention
against Transnational Organized Crime, viewed on 26 April 2013, <http://www.unodc.org/unodc/
treaties/CTOC/#Fulltext>.
[17]
United Nations, United Nations Treaty Collection, viewed on 26 April 2013,
<http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12-a&chapter=18&lang=en>.
[18]
United Nations, United Nations Treaty Collection, viewed on 26 April 2013,
<http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12-a&chapter=18&lang=en>.
[19]
Criminal Code Act 1995 (Cth), ss. 270.1-270.5; 271.1-271.9.
[20]
Parliament of Australia, Crimes Legislation Amendment (Slavery,
Slavery-like Conditions and People Trafficking) Bill: Bills Digest No. 14,
2012-13, p. 3.
[21]
Parliament of Australia, Crimes Legislation Amendment (Slavery,
Slavery-like Conditions and People Trafficking Bill), viewed on 26 April 2013, <http://www.aph.gov.au/Parliamentary
_Business/Bills_Legislation/Bills_Search_Results /Result?bId=r4840>.
[22]
Attorney-General’s Department, Supplementary Submission 48, p.
8.
[23]
Criminal Code Act 1995 (Cth), s. 270.1.
[24]
Criminal Code Act 1995 (Cth), s. 270.6.
[25]
Criminal Code Act 1995 (Cth), s. 270.4.
[26]
Criminal Code Act 1995 (Cth), s. 270.7A.
[27]
Criminal Code Act 1995 (Cth), s. 271.8.
[28]
Criminal Code Act 1995 (Cth), ss. 271.1-271.7G.
[29]
The Anti-People Trafficking Interdepartmental Committee, Trafficking in
Persons: The Australian Government Response 1 July 2011 – 30 June 2012, p.
3.
[30]
Article 3, United Nations Protocol against the Smuggling of Migrants by
Land, Sea and Air, supplementing the United Nations Convention against
Transnational Organized Crime.
[31]
United Nations Office on Drugs and Crime, ‘Migrant Smuggling FAQs’, viewed
on 26 April 2013, <https://www.unodc.org/unodc/en/human-trafficking/faqs-migrant-smuggling.html#Overlaps_and_differences>.
[32]
United Nations Office on Drugs and Crime, ‘Migrant Smuggling FAQs’, viewed
on 26 April 2013, <https://www.unodc.org/unodc/en/human-trafficking/faqs-migrant-smuggling.html#Overlaps_and_differences>.
[33]
United Nations Office on Drugs and Crime, ‘Migrant Smuggling FAQs’, viewed
on 26 April 2013, <https://www.unodc.org/unodc/en/human-trafficking/faqs-migrant-smuggling.html#Overlaps_and_differences>.
[34]
United Nations Office on Drugs and Crime, ‘Migrant Smuggling FAQs’, viewed
on 26 April 2013, <https://www.unodc.org/unodc/en/human-trafficking/faqs-migrant-smuggling.html#Overlaps_and_differences>.
[35]
United Nations Office on Drugs and Crime, ‘Migrant Smuggling FAQs’, viewed
on 26 April 2013, <https://www.unodc.org/unodc/en/human-trafficking/faqs-migrant-smuggling.html#Overlaps_and_differences>.
[36]
Dr Anne Gallagher AO, Submission 39, p. 3.
[37]
Dr Anne Gallagher AO, Submission 39, p. 3.
[38]
Ms Stewart, World Vision Australia, Transcript, 20 November 2012, p.
51.
[39]
Ms Stewart, World Vision Australia, Transcript, 20 November 2012,
pp. 50-51.
[40]
Mr Anderson, Attorney-General’s Department, Transcript, 14 May 2013,
p. 1.
[41]
Ms Beacroft, Australian Institute of Criminology, Transcript, 21
November 2012, p. 11.
[42]
Slavery Links Australia, Submission 7, p. 1.
[43]
Ms Budavari, Law Council of Australia, Transcript, 20 November 2012,
p. 22.
[44]
Mr Anderson, Attorney-General’s Department, Transcript, 9 October
2012, p. 6.
[45]
Ms Beacroft, Australian Institute of Criminology, 21 November 2012, p. 12.
[46]
Ms Beacroft, Australian Institute of Criminology, 21 November 2012, pp.
12-13.
[47]
Australian Catholic Religious Against Trafficking in Humans, Submission
21, p. 4.
[48]
Attorney-General’s Department, Supplementary Submission 48, p.
6.
[49]
Dr Anne Gallagher AO, Submission 39, p. 7.
[50]
University of Queensland, Submission 3, p. 39.
[51]
Attorney-General’s Department, Supplementary Submission 48, p.
6.
Chapter 3 Current extent of slavery and people trafficking in Australia
[1]
Slavery and trafficking offences are set out in divisions 270 and 271 of
the Commonwealth Criminal Code. The slavery offences (division 270) were
enacted in 1999 and the specific people trafficking provisions were enacted in
2005.
[2]
Attorney-General’s Department, Submission 8, p. 3.
[3]
Attorney-General’s Department, Supplementary Submission 48,
p. 2.
[4]
Mrs Sengstock, Australian Federal Police, Transcript, 19 March
2013, p. 5.
[5] Attorney-General’s Department, Supplementary Submission
48, p. 2. See Appendices D, E and F.
[6] Attorney-General’s Department, Submission
8, p. 5.
[7]
Ms Hinchcliffe, Commonwealth Director of Public Prosecutions, Transcript,
21 November 2012, p. 4. See Appendix E.
[8]
Detective Superintendent Jouning, Victoria Police, Transcript, 8
May 2013, p. 25.
[9]
Detective Superintendent Jouning, Victoria Police, Transcript, 8
May 2013, p. 26.
[10]
Ms Stanger, The Salvation Army, Transcript, 23 April 2013, p. 10.
[11]
Ms Stanger, The Salvation Army, Transcript, 23 April 2013, p. 10.
[12]
Ms Stanger, The Salvation Army, Transcript, 23 April 2013, pp.
10-11.
[13]
Australian Institute of Criminology, Submission 18, pp. 5-6.
[14]
Australian Institute of Criminology, Submission 18, p. 5.
[15]
Ms Beacroft, Australian Institute of Criminology, Transcript, 21
November 2012, p. 18.
[16]
Australian Institute of Criminology, Submission 18, p. 5.
[17]
Ms Beacroft, Australian Institute of Criminology, Transcript, 21
November 2012, p. 19.
[18]
Ms Beacroft, Australian Institute of Criminology, Transcript, 21
November 2012, p. 19.
[19]
Ms Beacroft, Australian Institute of Criminology, Transcript, 21
November 2012, p. 11.
[20]
Ms Beacroft, Australian Institute of Criminology, Transcript, 21
November 2012, p. 12.
[21]
Australian Institute of Criminology, Submission 18, p. 4.
[22]
Australian Institute of Criminology, Supplementary Submission 52,
p. 3.
[23]
Australian Institute of Criminology, Supplementary Submission 52,
p. 4.
[24]
Australian Crime Commission, Supplementary Submission 53, p. 4.
[25]
Australian Crime Commission, Submission 6, pp. 4-5.
[26]
Australian Institute of Criminology, Supplementary Submission 52,
p. 8.
[27]
Australian Crime Commission, Supplementary Submission 53, p. 6.
[28]
Anti-Slavery Australia, Submission 34, pp. 11-12.
[29]
Josephite Counter‐Trafficking
Project, Submission 10, p. 3.
[30]
Josephite Counter‐Trafficking
Project, Submission 10, p. 3.
[31]
Walk Free, Submission 20, p. 1; Federation of Ethnic Communities’
Councils of Australia, Submission 14, p. 3.
[32]
Federation of Ethnic Communities’ Councils of Australia, Submission 14,
p. 3.
[33]
Australian Council of Trade Unions, Submission 28, p. 4.
[34]
Australian Council of Trade Unions, Submission 28, pp. 4-5.
[35]
National Tertiary Education Union, Submission 15, p. 3.
[36]
National Tertiary Education Union, Submission 15, p. 5.
[37]
Family Voice Australia, Submission 2, p. 1.
[38]
US Department of State, 2012, Trafficking in Persons Report, p. 73.
[39]
Collective Shout, Submission 5, p. 2; Coalition Against Trafficking
in Women Australia, Submission 19, p. 2; Christian Faith and Freedom, Submission
32, p. 19; Project Respect Submission 38, p. 4; Australian Christian
Lobby, Submission 42, p. 3.
[40]
Christian Faith and Freedom, Submission 32, p. 19.
[41]
The Scarlet Alliance, Submission 26, p. 5.
[42]
Australian Catholic Religious Against Trafficking in Humans, Submission 21,
p. 12; Ms Kittu Randhawa, Submission 9, p. 1; Ms Avyi Patitsas, Submission
24, p. 1.
[43]
Ms Stanger, The Salvation Army, Transcript, 23 April 2013, p. 9.
[44]
Ms Carolan, Australian Catholic Religious Against Trafficking in Humans, Transcript,
8 May 2013, p. 14.
[45]
Josephite Counter‐Trafficking
Project, Submission 10, p. 3.
[46]
Anti-Slavery Australia, Submission 34, p. 12.
[47]
Australian Council of Trade Unions, Submission 28, p. 4.
[48]
Law Council of Australia, Submission 29, p. 6.
Chapter 4 Australia’s response to people trafficking
[1]
Attorney General’s Department, Submission 8, p. 1.
[2]
Attorney-General’s Department, Submission 8, p. 1.
[3]
Attorney-General’s Department, Submission 8, p. 1.
[4]
Attorney-General’s Department, Submission 8, pp. 1-2.
[5]
Attorney-General’s Department, Submission 8, p. 4.
[6]
Attorney-General’s Department, Supplementary Submission 48, p. 20.
This program and victim support more broadly is discussed further in chapter
five.
[7]
Attorney-General’s Department, Submission 8, pp. 4-5.
[8]
Australian Government, The Australian Government’s Anti-People
Trafficking Strategy, Fact Sheet, 20 September 2012, p. 1; See also Law
Council of Australia, Submission 29, p. 10.
[9]
Attorney-General’s Department, Submission 8, p. 6.
[10]
Attorney-General’s Department, Supplementary Submission 48, p. 18.
[11]
Associate Professor Burn, Anti-Slavery Australia, Transcript, 22
April 2013, p. 25.
[12]
Australian Government, The Australian Government’s Anti-People
Trafficking Strategy, Fact Sheet, 20 September 2012, p. 3;
Attorney-General’s Department, Submission 8, p. 6.
[13]
Australian Government, The Australian Government’s Anti-People
Trafficking Strategy, Fact Sheet, 20 September 2012, p. 3.
[14]
Attorney-General’s Department, Submission 8, p. 7; Attorney-General’s
Department, Supplementary Submission 48, p. 13.
[15]
Attorney-General’s Department, Supplementary Submission 48, p. 14.
[16]
Attorney-General’s Department, Submission 8, p. 7.
[17]
Attorney-General’s Department, Submission 8, p. 5.
[18]
Attorney-General’s Department, Submission 8, pp. 6, 7.
[19]
Mr Anderson, Attorney General’s Department, Transcript, 14 May 2013,
pp. 2-3.
[20]
Department of Foreign Affairs and Trade, Submission 40, p. 4.
[21]
Attorney-General’s Department, Submission 8, p. 2.
[22]
Department of Foreign Affairs and Trade, Submission 40, p. 4.
[23]
Attorney-General’s Department, Submission 8, p. 2.
[24]
Department of Foreign Affairs and Trade, Submission 40, p. 3.
[25]
Department of Foreign Affairs and Trade, Submission 40, pp. 4-5, 6.
[26]
Department of Foreign Affairs and Trade, Submission 40, p. 5.
[27]
Department of Foreign Affairs and Trade, Submission 40, pp. 6-7.
[28]
Department of Immigration and Citizenship, Submission 56, pp. 8-9.
[29]
Office of the High Commissioner for Human Rights, ‘Basic Facts about the
UPR’, viewed 27 May 2013, <http://www.ohchr.org/EN/HRBodies/UPR/Pages/BasicFacts.aspx>.
[30]
Slavery Links Australia Inc, Submission 7, p. 4.
[31]
Department of Foreign Affairs and Trade, Submission 40, p. 4.
[32]
Department of Foreign Affairs and Trade, Submission 40, p. 7.
[33]
Department of Foreign Affairs and Trade, Annual Report 2011-12, p.
106.
[34]
Department of Foreign Affairs and Trade, Submission 40, p. 7.
[35]
Department of Foreign Affairs and Trade, Submission 40, p. 7.
[36]
Attorney-General’s Department, Submission 8, pp. 21-22; Ms Niblett,
AusAID, Transcript, 23 April 2013, p. 10.
[37]
Ms Niblett, AusAID, Transcript, 23 April 2013, p. 21.
[38]
Department of Foreign Affairs and Trade, Submission 40, p. 10.
[39]
Law Council of Australia, Submission 29, p. 11.
[40]
Dr Gallagher AO, Transcript, 8 May 2013, p. 8.
[41]
Dr Gallagher AO, Transcript, 8 May 2013, p. 10.
[42]
Department of Foreign Affairs and Trade, Submission 40, pp. 9-10.
[43]
Department of Foreign Affairs and Trade, Submission 40, pp. 10-11.
See also Law Council of Australia, Submission 29, p. 11.
[44]
Law Council of Australia, Submission 29, p. 8.
[45]
Adopted by 189 countries, the Millennium Development Goals are ‘a shared
world vision for reducing poverty’. The primary goal is to reduce by half the
proportion of people living on less than US$1.24 a day by 2015 relative to
1990. Department of Foreign Affairs and Trade, ‘Millennium Development Goals’,
viewed 29 May 2013, <http://www.dfat.gov.au/un/millennium-development-goals.html>.
[46]
Ms Niblett, AusAID, Transcript, 23 April 2013, p. 25.
[47]
Ms Carolan, Australian Catholic Religious Against Trafficking in Humans, Transcript,
8 May 2013, p. 13.
[48]
Sister Ng, Josephite Counter-Trafficking Project, Transcript, 22
April 2013, pp. 5-6.
[49]
Mrs Fawcett, Plan International Australia, Transcript, 8 May 2013,
p. 21.
[50]
AusAID, Submission 65, p. 1. A list of relevant AusAID NGO
Cooperation Program activities for 2012-13 is at Appendix G. A list of relevant
AusAID Human Rights Grants Scheme projects for 2012-13 is at Appendix H.
[51]
Attorney-General’s Department, Submission 8, p. 3. See Chapter 2.
[52]
Law Council of Australia, Submission 29, p. 9.
[53]
Attorney-General’s Department, Submission 8, p. 3.
[54]
Attorney-General’s Department, Submission 8, p. 3.
[55]
Parliament of Australia, Crimes Legislation Amendment (Slavery,
Slavery-like Conditions and People Trafficking Bill 2012, viewed 21 May 2012,
<http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4840>;
Attorney-General’s Department, Submission 8, p. 3.
[56]
Anti-Slavery Australia, Submission 34, p. 50.
[57]
Anti-Slavery Australia, Submission 34, p. 50.
[58]
Anti-Slavery Australia, Submission 34, pp. 50, 52.
[59]
Anti-Slavery Australia, Submission 34, p. 50.
[60]
Anti-Slavery Australia, Submission 34, p. 55.
[61]
Anti-Slavery Australia, Submission 34, p. 57.
[62]
Anti-Slavery Australia, Submission 34, p. 58.
[63]
Josephite Counter-Trafficking Project, Submission 10, p. 5; Slavery
Links Australia Inc, Submission 7, p. 1; Federation of Ethnic
Communities’ Councils of Australia, Submission 14, p. 4; Ms Brianna Lee,
Submission 16, p. 2; Coalition Against Trafficking in Women Australia, Submission
19, pp. 5-6; Australian Catholic Religious Against Trafficking in Humans, Submission
21, p. 4; World Vision, Submission 27, p. 1; Australian Human Rights
Commission, Submission 31, p. 10; Project Respect, Submission 38, p.
6; Dr Anne Gallagher AO, Submission 39, p. 1; Australian Lawyers for
Human Rights, Submission 44, pp. 3-4.
[64]
See, for example, Australian Council of Trade Unions, Submission 28, p.
10; Civil Liberties Australia, Submission 36, pp. 1-2.
[65]
Project Respect, Submission 38, p. 6.
[66]
Dr Anne Gallagher AO, Submission 39, pp. 4-5.
[67]
Mrs Sengstock, Australian Federal Police, Transcript, 19 March 2013,
p. 3.
[68]
Ms Stanger, Salvation Army, Transcript, 23 April 2013, p. 10.
[69]
Ms Hinchcliffe, Commonwealth Director of Public Prosecutions, Transcript,
21 November 2012, p. 2.
[70]
Law Council of Australia, Submission 29, p. 32.
[71]
Parliament of Australia, Crimes Legislation Amendment (Law Enforcement
Integrity, Vulnerable Witness Protection and Other Measures) Bill 2013, viewed
29 May 2013, <http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5067>.
[72]
Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness
Protection and Other Measures) Bill 2013, Explanatory Memorandum, pp. 11-12.
[73]
Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness
Protection and Other Measures) Bill 2013, Explanatory Memorandum, pp. 3-4.
[74]
Mrs Kennedy, Hagar Australia, Transcript, 9 May 2013, p. 2.
[75]
Australian Red Cross, Submission 47, p. 20.
[76]
Professor Andreas Schloenhardt, University of Queensland, Submission 4, pp.
12-13.
[77]
Australian Red Cross, Submission 47, p. 3.
[78]
Australian Red Cross, Submission 47, p. 7.
[79]
Australian Red Cross, Submission 47, p. 21.
[80]
Attorney-General’s Department, Supplementary Submission 48, p. 12.
[81]
Associate Professor Burn, Anti-Slavery Australia, Transcript, 22
April 2013, p. 25.
[82]
Attorney-General’s Department, Supplementary Submission 48, p. 12.
[83]
Ms Hinton, Project Respect, Transcript, 8 May 2013, p. 4.
[84]
Ms Hinton, Project Respect, Transcript, 8 May 2013, p. 4.
[85]
Attorney-General’s Department, Supplementary Submission 48, p. 12.
[86]
Ms Fawkes, Scarlet Alliance, Transcript, 23 April 2013, p. 20.
[87]
Attorney-General’s Department, Supplementary Submission 48, p. 13.
[88]
Ms Carolan, Australian Catholic Religious Against Trafficking in Humans, Transcript,
8 May 2013, p. 13.
[89]
Ms Carolan, Australian Catholic Religious Against Trafficking in Humans, Transcript,
8 May 2013, p. 14.
[90]
Hagar Australia, Submission 13, p. 1.
[91]
Mrs Kennedy, Hagar Australia, Transcript, 9 May 2013, p. 2.
[92]
Walk Free, Submission 20, p. 4.
[93]
Mr Grono, Walk Free, Transcript, 12 March 2013, p. 1.
[94]
Plan International Australia, Submission 20, p. 1.
[95]
Mrs Fawcett, Plan International Australia, Transcript, 8 May 2013,
p. 21.
[96]
Attorney-General’s Department, Submission 8, p. 6.
Chapter 5 Support for victims of trafficking and slavery
[1]
Attorney-General’s Department, Submission 8, p. 6.
[2]
Attorney-General’s Department, Submission 8, p. 6.
[3]
Attorney-General’s Department, Submission 8, p. 6.
[4]
Attorney-General’s Department, Submission 8, p. 6.
[5]
Department of Immigration and Citizenship, Submission 56, p. 28.
[6]
Mr Casey, Department of Immigration and Citizenship, Transcript,
21 November 2012, p. 25.
[7]
Note. A criminal Justice Stay Visa may have been issued to the same individual
more than once.
[8]
Department of Immigration and Citizenship, Supplementary Submission 74,
p. 1.
[9]
Josephite Counter‐Trafficking
Project, Submission 10, p. 6.
[10]
Josephite Counter‐Trafficking
Project, Submission 10, p. 6.
[11]
Australian Catholic Religious Against Trafficking in Humans, Submission 21,
p. 6; Law Council of Australia, Submission 29, p. 29; Anti-Slavery
Australia, Submission 34, p. 8; Australian Human Rights Commission, Supplementary
Submission 61, p. 6.
[12]
Anti-Slavery Australia, Submission 34, p. 8.
[13]
Australian Human Rights Commission, Supplementary Submission 61,
p. 8.
[14]
Ms Briana Lee, Submission 16, p. 4.
[15]
Professor Andreas Schloenhardt, Submission 4, p. 6.
[16]
United Nations, Report of the Special Rapporteur on trafficking in
persons, especially women and children, Joy Ngozi Ezeilo, 18 May 2012, p.
14 and 20.
[17]
Mr Casey, Department of Immigration and Citizenship, Transcript, 21
November 2012, pp. 21‑22.
[18]
Federal Agent Drake, Australian Federal Police, Transcript, 19 March
2013, p. 1.
[19]
Mr Anderson, Attorney-General’s Department, Transcript, 14 May 2013,
p. 2.
[20]
Mr Anderson, Attorney-General’s Department, Transcript, 14 May 2013,
p. 2.
[21]
United Nations, Model Law against Trafficking in Persons, 2009, p.
60.
[22]
Australian Red Cross, Submission 47, p. 8.
[23]
Australian Red Cross, Submission 47, p. 15.
[24]
Australian Catholic Religious Against Trafficking in Humans, Submission 21,
p. 6.
[25]
Anti-Slavery Australia, Submission 34, p. 35.
[26]
Salvation Army, Submission 37, p. 11.
[27]
Anti-Slavery Australia, Submission 34, p. 35.
[28]
Anti-Slavery Australia, Submission 34, p. 35.
[29]
Josephite Counter‐Trafficking
Project, Submission 10, p. 8.
[30]
Law Council of Australia, Submission 29, p. 28.
[31]
Law Council of Australia, Submission 29, p. 28.
[32]
Ms Briana Lee, Submission 16, p. 4.
[33]
Professor Andreas Schloenhardt, Submission 4, pp. 8-9.
[34]
Christian Faith and Freedom – Supplementary Submission 46, p. 49.
[35]
Australian Red Cross, Submission 47, p. 7.
[36]
Australian Red Cross, Submission 47, p. 7.
[37]
Ms Hinton, Project Respect, Transcript, 8 May 2013, p. 3.
[38]
Mr Casey, Department of Immigration and Citizenship, Transcript, 21
November 2012, p. 21.
[39]
Mr Casey, Department of Immigration and Citizenship, Transcript, 21
November 2012, p. 21.
[40]
Commander Hurst, Australian Federal Police, Transcript, 19 March
2013, p. 2.
[41]
Attorney-General’s Department, Supplementary Submission 76, p. 7.
[42]
Josephite Counter‐Trafficking
Project, Submission 10, p. 8.
[43]
Salvation Army, Submission 37, p. 7.
[44]
Anti-Slavery Australia, Submission 34, p. 8.
[45]
Anti-Slavery Australia, Submission 34, p. 8.
[46]
Professor Andreas Schloenhardt, Submission 4, p. 11.
[47]
Australian Lawyers for Human Rights, Submission 44, p. 5.
[48]
Australian Lawyers for Human Rights, Submission 44, p. 5.
[49]
Salvation Army, Submission 37, p. 7.
[50]
Project Respect, Submission 38, p. 11.
[51]
Australian Human Rights Commission, Submission 31, p. 4.
[52]
Mr Geary, The Salvation Army, Transcript, 23 April 2013, p. 6 and 8.
[53]
Department of Immigration and Citizenship, Supplementary Submission 74,
p. 2.
[54]
Department of Immigration and Citizenship, Supplementary Submission 74,
p. 2.
[55]
Australian Red Cross, Submission 47, p. 23.
[56]
Senate Legal and Constitutional Affairs Committee, Crimes Legislation
Amendment (Slavery, Slavery-like conditions and People Trafficking) Bill 2012,
September 2012, p. 36.
[57]
Senate Legal and Constitutional Affairs Committee, Crimes Legislation
Amendment (Slavery, Slavery-like conditions and People Trafficking) Bill 2012,
September 2012, p. vii.
[58]
Attorney-General’s Department, Submission 8, p. 5 and Josephite
Counter‐Trafficking
Project, Submission 10, p. 7.
[59]
Attorney-General’s Department, Supplementary Submission 48, p. 20.
[60]
Ms McKenzie, Department of Families, Housing, Community Services and
Indigenous Affairs, Transcript, 21 November 2012, p. 30.
[61]
Attorney-General’s Department, Supplementary Submission 48, p. 20.
[62]
Mr Anderson, Attorney-General’s Department, Transcript, 14 May 2013,
p. 3.
[63]
Attorney-General’s Department, Supplementary Submission 48, p. 20.
[64]
Attorney-General’s Department, Supplementary Submission 48, p. 20. A
Summary of assistance under the Support for Trafficked People Program is at
Appendix I.
[65]
Mr Anderson, Attorney-General’s Department, Transcript, 14 May 2013,
p. 3.
[66]
Attorney-General’s Department, Supplementary Submission 48, p. 21.
[67]
Attorney-General’s Department, Supplementary Submission 67,
p. 1.
[68]
Attorney-General’s Department, Supplementary Submission 67,
p. 2.
[69]
Australian Red Cross, Submission 47, p. 2.
[70]
Australian Red Cross, Submission 47, p. 5.
[71]
Australian Red Cross, Submission 47, p. 5.
[72]
Federal Agent Drake, Australian Federal Police, Transcript, 19 March
2013, pp. 4-5.
[73]
Federal Agent Drake, Australian Federal Police, Transcript, 19 March
2013, p. 5.
[74]
Ms McKenzie, Department of Families, Housing, Community Services and
Indigenous Affairs, Transcript, 21 November 2012, p. 30.
[75]
Josephite Counter‐Trafficking
Project, Submission 10, p. 9.
[76]
Josephite Counter‐Trafficking
Project, Submission 10, p. 9; Ms Hinton, Project Respect, Transcript,
8 May 2013, p. 1; Ms Brianna Lee, Submission 16, p. 6; Law Council of
Australia, Submission 29, p. 23; Associate Professor Burn, Anti-Slavery
Australia, Transcript, 22 April 2013, p. 25; Ms Carolan, Australian
Catholic Religious Against Trafficking in Humans, Transcript, 8 May
2013, p. 12.
[77]
Ms Carolan, Australian Catholic Religious Against Trafficking in Humans,
Transcript, 8 May 2013, p. 12.
[78]
Australian Catholic Religious Against Trafficking in Humans, Submission 21,
p. 7.
[79]
Ms McLeod, Law Council of Australia, Transcript, 20 November 2012,
p. 18.
[80]
National Tertiary Education Union, Submission 15, p. 4.
[81]
Scarlet Alliance, Submission 26, p. 7.
[82]
Project Respect, Submission 38, p. 13.
[83]
Professor Andreas Schloenhardt, University of Queensland, Submission 4,
p. 34; Australian Human Rights Commission, Submission 31, p. 5.
Australia ratified the United Nations Convention against Transnational
Organized Crime on 27 May 2004. The United Nations Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children
supplementing the Convention on Transnational Crime was ratified by Australia
on 14 September 2005.
[84]
Australian Human Rights Commission, Submission 31, pp. 6-7.
[85]
Australian Human Rights Commission, Submission 31, p. 3.
[86]
Anti-Slavery Australia, Submission 34, p. 19.
[87]
Anti-Slavery Australia, Supplementary Submission 79, p. 3.
[88]
Anti-Slavery Australia, Supplementary Submission 79, pp. 3-4.
[89]
Anti-Slavery Australia, Submission 34, pp. 29-31.
[90]
Salvation Army, Submission 37, p. 19
[91]
Australian Lawyers for Human Rights, Submission 44, p. 5.
[92]
Dr Anne Gallagher AO, Transcript, 8 May 2013, p. 11.
[93]
Dr Anne Gallagher AO, Transcript, 8 May 2013, p. 11.
[94]
Commonwealth Director of Public Prosecutions, Submission 54, p. 1.
[95]
Senate Legal and Constitutional Affairs Committee, Response to questions
on notice provided by Attorney-General's Department, received 4 September 2012,
p. 16.
[96]
Mr Anderson, Attorney-General's Department, Transcript, 14 May 2013,
p. 5.
[97]
Attorney-General’s Department, Supplementary Submission 76, p. 10.
[98]
Attorney-General’s Department, Supplementary Submission 76, p. 10.
[99]
Senate Legal and Constitutional Affairs Committee, Crimes Legislation
Amendment (Slavery, Slavery-like conditions and People Trafficking) Bill 2012,
September 2012, p. vii.
Chapter 6 Exploitation in product supply chains
[1]
International Labour Organization, Global Estimate of Forced Labour:
Results and methodology, 2012.
[2]
International Labour Organization, Global Estimate of Forced Labour:
Results and methodology, 2012.
[3]
United States Department of Labor, ‘Trafficking Victims Protection
Reauthorization Act’, viewed on 23 May 2013, <http://www.dol.gov/ilab/programs/ocft/tvpra.htm>.
[4]
United States Department of Labor’s Bureau of International Labor Affairs,
List of Goods Produced by Child Labor or Forced Labor, 26 September
2012, pp. 13-14.
[5]
United States Department of Labor, ‘Trafficking Victims Protection
Reauthorization Act’, viewed on 23 May 2013, <http://www.dol.gov/ilab/programs/ocft/tvpra.htm>.
[6]
Senate Bill 657 – the California Transparency in Supply Chains Act.
[7]
Congress.gov, ‘H.R.2759 - Business Transparency on Trafficking and
Slavery Act’, viewed on 23 May 2013, <
http://beta.congress.gov/bill/112th-congress/house-bill/2759>.
[8]
US Securities and Exchange Commission, ‘SEC Adopts Rule for Disclosing
Use of Conflict Minerals’, viewed on 23 May 2013, <
http://www.sec.gov/news/press/2012/2012-163.htm>.
[9]
The White House, ‘Executive Order - Strengthening Protections Against
Trafficking In Persons In Federal Contracts’, viewed on 23 May 2013, <
http://www.whitehouse.gov/the-press-office/2012/09/25/executive-order-strengthening-protections-against-trafficking-persons-fe>.
[10]
The Transparency in UK Company Supply Chains (Eradication of Slavery) Bill.
[11]
UK.GOV, ‘Businesses urged to sign human trafficking charter’, viewed on 23
May 2013, <https://www.gov.uk/government/news/businesses-urged-to-sign-human-trafficking-charter>.
[12]
International Labour Organisation, Good Practices of Labour Inspection
in Brazil, 2010, p. 15.
[13]
International Labour Organisation, Good Practices of Labour Inspection
in Brazil, 2010, p. 34.
[14]
International Labour Organisation, Good Practices of Labour Inspection
in Brazil, 2010, p. 34.
[15]
International Labour Organisation, Good Practices of Labour Inspection
in Brazil, 2010, p. 34.
[16]
International Labour Organization, Combating forced labour: A handbook
for employers and business, 2008.
[17]
European Commission, Buying Social - A Guide to Taking Account of Social
Considerations in Public Procurement, 2010.
[18]
World Vision Australia, Supplementary Submission 57, pp. 3-5.
[19]
Ms Briana Lee, Submission 16, p. 7.
[20]
Ms Briana Lee, Submission 16, p. 7.
[21]
Ms Briana Lee, Submission 16, p. 8.
[22]
Walk Free, Submission 20, p. 1.
[23]
Mr Grono, Walk Free, Transcript, 12 March 2013, p. 5.
[24]
Mr Grono, Walk Free, Transcript, 12 March 2013, p. 5.
[25]
Australian Catholic Religious Against Trafficking in Humans, Submission 21,
p. 9.
[26]
Australian Catholic Religious Against Trafficking in Humans, Submission 21,
pp. 9-10.
[27]
Australian Catholic Religious Against Trafficking in Humans, Submission 21,
pp. 10-11.
[28]
World Vision Australia, Submission 27, p. 2.
[29]
World Vision Australia, Submission 27, p. 5.
[30]
Mrs Kennedy, Hagar Australia, Transcript, 9 May 2013, p. 3.
[31]
Hagar Australia, Submission 13, p. 3.
[32]
Ms McLeod, Law Council of Australia, Transcript, 20 November 2012,
p. 20.
[33]
No Slavery Australia, Supplementary Submission 70, p. 1.
[34]
Mr Gruber, No Slavery Australia, Transcript, 23 April 2013, p. 2.
[35]
Stop the Traffik, the Oaktree Foundation, and the Uniting Church Synods of
Victoria and Tasmania, Submission 30, p. 5. See Appendix J: List of
goods produced with high risk of forced labour or child labour by country.
[36]
Stop the Traffik, the Oaktree Foundation, and the Uniting Church Synods of
Victoria and Tasmania, Submission 30, pp. 1-2.
[37]
Dr Zirnsak, Uniting Church in Australia, Transcript, 9 May 2013, p.
15.
[38]
Dr Anne Gallagher AO, Submission 39, p. 9.
[39]
Dr Anne Gallagher AO, Submission 39, pp. 9-10.
[40]
The Hon. Julia Gillard MP, Prime Minister, ‘Further
Government Action To Eliminate Modern Slavery’, Media Release, 8 March
2013, p. 1.
[41]
The Hon. Julia Gillard MP, Prime Minister, ‘Further
Government Action To Eliminate Modern Slavery’, Media Release, 8 March
2013, p. 1.
[42]
Mr Anderson, Attorney-General’s Department, Transcript, 14 May 2013,
p. 6.
[43]
International Labour Organization, ‘Questions and answers on forced labour’,
viewed on 25 May 2013, <http://www.ilo.org/global/about-the-ilo/newsroom/comment-analysis/WCMS_181922/lang--en/index.htm>;
International Labour Organization, Forced Labour and Human Trafficking:
Estimating the Profits, March 2005, p. 17.
[44]
United Nations Office on Drugs and Crime, United Nations Global Initiative
to Fight Human Trafficking, An Introduction to Human Trafficking:
Vulnerability, Impact and Action, 2008, p.10.
[45]
Australian Agency for International Development, Australia-Asia Program
to Combat Trafficking in Persons, June 2012, p. 7.
Chapter 7 Community perceptions on international best practice
[1]
Dr Anne Gallagher AO, Submission 39, p. 6; US Department of State,
Trafficking in Persons Report 2011, June 2011, p. 75; United Nations, Report
of the Special Rapporteur on trafficking in persons, especially women and
children, Joy Ngozi Ezeilo, 18 May 2012, p. 22.
[2]
Dr Anne Gallagher AO, Submission 39, p. 7.
[3]
Ms Stewart, World Vision Australia, Transcript, 20 November 2012,
p. 55.
[4]
World Vision Australia Submission 27, p. 2.
[5]
National Tertiary Education Union, Submission 15, p. 4.
[6]
Department of Immigration and Citizenship, Submission 56, p. 10.
[7]
Department of Immigration and Citizenship, Submission 56, p. 10.
[8]
Attorney-General’s Department, Submission 48, p. 8.
[9]
Sweden, Committee of Inquiry to Evaluate the Ban against the Purchase of
Sexual Services, Förbud mot köp av sexuell tjänst. En utvärdering 1999–2008,
2 July 2010.
[10]
Family Voice Australia, Submission 2, p. 5.
[11]
Family Voice Australia, Submission 2, pp. 3-4.
[12]
Coalition Against Trafficking in Women Australia, Submission 19, p.
2; Australian Catholic Religious Against Trafficking in Humans, Submission
21, p. 23; Australian Christian Lobby, Submission 42, p. 3; Collective
Shout, Submission 5, p. 5.
[13]
Coalition Against Trafficking in Women Australia, Submission 19, p.
6.
[14]
Australian Christian Lobby, Submission 42, p. 5.
[15]
Mr Shelton, Australian Christian Lobby, Transcript, 20 November
2012, p. 36.
[16]
Scarlet Alliance, Submission 26, p. 11.
[17]
Ms Hinton, Project Respect, Transcript, 8 May 2013, p. 3.
[18]
Dr Anne Gallagher AO, Submission 39, p. 11.
[19]
Law Council of Australia, Submission 51, p. 5.
[20]
Attorney-General’s Department, Submission 48, p. 14.
[21]
Attorney-General’s Department, Submission 48, pp. 14-15.
[22]
Attorney-General’s Department, Submission 48, p. 15.
[23]
Plan International Australia, Submission 22, pp. 4-5.
[24]
Plan International Australia, Submission 22, pp. 4-5.
[25]
Plan International Australia, Submission 22, p. 5.
[26]
Hagar Australia, Supplementary Submission 72, p. 2.
[27]
World Vision Australia, Submission 27, p. 2.
[28]
World Vision Australia, Supplementary Submission 57, p. 1.
[29]
Australian Lawyers for Human Rights, Submission 44, p. 6.
[30]
Ms Niblett, AusAID, Transcript, 23 April 2013, p. 21.
[31]
Josephite Counter‐Trafficking
Project, Submission 10, p. 17.
[32]
US Department of State, 2012 Trafficking in Persons Report, p. 211.
[33]
US Department of State, 2012 Trafficking in Persons Report, p. 211.
[34]
Josephite Counter‐Trafficking
Project, Submission 10, p. 18.
[35]
Josephite Counter‐Trafficking
Project, Submission 10, p. 18.
[36]
US Department of State, 2012 Trafficking in Persons Report, p. 334.
[37]
US Department of State, 2012 Trafficking in Persons Report, p. 334.
[38]
Ms Briana Lee, Submission 16, p. 5.
[39]
US Department of State, 2012 Trafficking in Persons Report, p. 197.
[40]
US Department of State, 2012 Trafficking in Persons Report, p. 197.
[41]
US Department of State, 2012 Trafficking in Persons Report, p. 197.
[42]
Falun Dafa Association of NSW, Submission 23, p. 9.
[43]
United Nations, Report of the Special Rapporteur on trafficking in
persons, especially women and children, Joy Ngozi Ezeilo, 18 May 2012, p.
22.
[44]
Scarlet Alliance, Submission 26, pp. 11-12, Australian Council of
Trade Unions, Submission 28, p. 11; Josephite Counter‐Trafficking Project, Submission
28, p. 19; Australian Catholic Religious Against Trafficking in Humans, Submission
21, p. 15.
[45]
Dr Anne Gallagher AO, Transcript, 8 May 2013, p. 10.
[46]
Mr Chittick, Department of Foreign Affairs and Trade, Transcript, 9
May 2013, p. 25.
[47]
United Nations, Report of the Special Rapporteur on trafficking in
persons, especially women and children, Joy Ngozi Ezeilo, 18 May 2012, p.
22.
[48]
Josephite Counter‐Trafficking
Project, Submission 10, p. 19; Anti-Slavery Australia, Submission 34,
p. 54.
[49]
Anti-Slavery Australia, Submission 34, p. 54.
[50]
Dr Anne Gallagher AO, Transcript, 8 May 2013, p. 10.
[51]
Department of Education, Employment and Workplace Relations, Submission
Report on ILO Instruments, 18 November 2012, p. 2.
[52]
Dr Zirnsak, Uniting Church in Australia, Synods of Victoria and Tasmania, Transcript,
9 May 2013, p. 20.
[53]
Uniting Church in Australia (Synods of Victoria, Tasmania and South
Australia), the Salvation Army Justice and Peace Office, the Catholic Archdiocese
of Sydney, Stop the Traffik Australia and the Catholic Archdiocese of
Melbourne, Submission 25, p. 4.
[54]
Uniting Church in Australia (Synods of Victoria, Tasmania and South
Australia), the Salvation Army Justice and Peace Office, the Catholic Archdiocese
of Sydney, Stop the Traffik Australia and the Catholic Archdiocese of
Melbourne, Submission 25, p. 4.
[55]
Dr Zirnsak, Uniting Church in Australia, Synods of Victoria and Tasmania, Transcript,
9 May 2013, p. 21.
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