Human Trafficking

The Australian Government’s Department of Social Services (DSS) continues to work closely with the Australian Red Cross (ARC) to ensure the Support for Trafficked People Program (Support Program) delivers victim-centred supports to people who have experienced human trafficking, slavery or slavery like practices, such as forced marriage and forced labour.

The Australian Government provides annual reports to Parliament on the implementation of the National Action Plan to Combat Human Trafficking and Slavery 2015-19, through the report of the Interdepartmental Committee on Human Trafficking and Slavery (IDC Report). IDC Reports are developed in consultation with, and with contributions from, members of the National Roundtable on Human Trafficking and Slavery The 2015-16 IDC Report includes contributions from key partners including the ARC.

The 2015-16 annual report reflected on the March 2016 launch of Australia’s whole-of-government International Strategy to Combat Human Trafficking and Slavery. The Strategy amplifies the Australian Government’s efforts to address these crimes, and better coordinates Australia’s international engagement at the bilateral, regional and multilateral levels – in line with the four pillars of the National Action Plan to Combat Human Trafficking and Slavery (prevention and deterrence; detection and investigation; prosecution and compliance; and victim support and protection). The strategy also reiterates the Australian Government’s commitment to being a regional leader in combatting human trafficking and slavery, including through its work as co-chair (with Indonesia) of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime (the Bali Process),and the Working Group on Trafficking in Persons (TIPWG). The whole-of-government International Working Group has been actively implementing the Strategy.

In January 2017, the Australian Government (DSS, the Attorney-General’s Department and the Australian Federal Police) and the ARC met to progress joint efforts for supporting clients of the Support Program, with a particular focus on underage victims of forced marriage. The Australian Government (DSS) undertook to update procedural documents to reflect new processes, and to conduct an internal assessment of the Support Program to inform approaches for ensuring its ongoing responsiveness and effectiveness.

• The Australian Government (DSS) commenced the internal assessment of the Support Program in June 2017. The assessment will consider the role and function of the Support Program within the context of the whole-of-government agenda for addressing human trafficking and slavery. It will take into account Australia’s international obligations and consider the roles of the Commonwealth, states and territories in supporting victims of these offences. It will also explore the suitability and capacity of the Support Program to assist new and emerging cohorts such as forced marriage clients, including minors. Consultation will be conducted with members of civil society, including advocacy and support services, Commonwealth agencies and state and territory government agencies.
• The Australian Government provided supplementary funding to ARC for the financial years 2016-17 and 2017-18, in recognition of the resourcing pressures on the Support Program due to increased referrals of forced marriage clients.
• The National Roundtable on Human Trafficking and Slavery (National Roundtable)facilitates genuine collaboration between government, business and civil society to continue to strengthen Australia’s response to human trafficking, slavery and slavery-like practices.
• The National Roundtable continues to provide an important forum for civil society, including the ARC, to provide independent advice to Government. Since it was formed in 2008, the expertise and on-ground experience of the Roundtable members has helped shape many of the Australian Government’s key legislative and policy changes, including improving victim’s access to education and changes to visas. The National Roundtable convened twice in 2016: for the senior officials meeting in August 2016, and the Ministerial-level meeting in November 2016. Key 2016 outcomes from the National Roundtable include:

o          Establishing a Labour Exploitation Working Group to develop recommendations to Government on responses to serious forms of labour exploitation in Australia. The Working Group is comprised of Australian Government agencies (including DSS, the Attorney-General’s Department, the Australian Federal Police, the Commonwealth Director of Public Prosecutions, the Department of Employment, the Fair Work Ombudsman, and the Department of Immigration and Border Protection) and civil society organisations, including the ARC.

o          Government delivering its response to recommendations made by the National Roundtable’s Supply Chains Working Group, and agreeing to a number of the working group’s recommendations.

• Australia’s strategy to combat human trafficking and slavery is overseen by the Australian Government’s Interdepartmental Committee on Human Trafficking and Slavery (IDC), chaired by the Attorney-General’s Department and including representatives from DSS, the Australian Federal Police, the Australian Institute of Criminology, the Australian Criminal Intelligence Commission, the Commonwealth Director of Public Prosecutions, the Department of Employment, the Department of Foreign Affairs and Trade and the Department of Immigration and Border Protection, the Department of Prime Minister and Cabinet and the Fair Work Ombudsman.
• The IDC is underpinned by the Operational Working Group on Human Trafficking and Slavery that meets every six weeks to manage operational issues that arise in complex cases and respond to emerging policy issues, ensuring the Australian Government can deal with issues in a coordinated way.
• In January 2017, the Australian Government (DSS, the Attorney-General’s Department and Australian Federal Police) and the ARC met to progress joint efforts for supporting clients of the Support Program, with a particular focus on the specific experiences of forced marriage victims and strategies for both addressing its incidence and providing appropriate support.
• The Australian Government provided an inter-departmental submission to the Parliamentary Joint Committee on Law
• Enforcement Inquiry into Human Trafficking and Slavery, the Joint Standing Committee on Foreign Affairs, Defence and Trade’s Inquiry into the Modern Slavery Act 2015, and to the NSW Legislative Select Committee on Human Trafficking in New South Wales, highlighting the important role played by the Red Cross-managed Support for Trafficked People Program in supporting victims of human trafficking and slavery.
• The Australian Government (DSS) and the ARC’s productive working relationship to enhance each other’s understanding of the extent and nature of human trafficking and slavery includes regular teleconferences to discuss policy developments, international best practice, research findings and on-the-ground case studies. DSS provides regular feedback to ARC about issues raised by the Australian Government Operational Working Group on Human Trafficking, and policy ideas for resolving challenges.
• The National Roundtable’s Labour Exploitation Working Group also met four times between November 2016 and June 2017 to discuss issues relating to the prevention, identification and prosecution of criminal forms of labour exploitation, and support for victims. The Working Group is expected to report its findings to the National Roundtable in late 2017.
• The ARC contributes to build Government’s understanding of the humanitarian impacts of human trafficking, slavery and slavery-like practices through its membership of the National Roundtable on Human Trafficking and Slavery. At the November 2016 meeting of the National Roundtable, ARC agreed to develop a report on responses to forced marriage. The ARC is also a member of the National Roundtable’s Labour Exploitation Working Group, which is developing recommendations for Government’s consideration on responses to criminal forms of labour exploitation in Australia.
• The ARC delivers the Australian Government’s Support for Trafficked People Program (STPP) and provides regular feedback to the Australian Government about client experiences prior to being on the program and their wellbeing while receiving support from the program. During the reporting periods, the ARC also identified gaps in appropriate services for particular cohorts, such as underage forced marriage victims, and provided regular updates on ARC outreach and awareness raising activities.
• This feedback provides crucial information for Australian Government agencies to better understand the humanitarian impacts of human trafficking and slavery, and develop appropriate responses to supporting the needs of trafficked victims including through the Human Trafficking Visa Framework.
• ARC also provides quarterly reports to the Australian Government on client issues, statistics, trends and case studies, program management issues, emerging issues, gaps in service provision for responding to client needs, and strategies which work well for addressing the complex needs of trafficked victims.

BACKGROUND

Australia’s domestic approach to human trafficking, slavery and slavery-like practices

The Australian Government’s comprehensive response to human trafficking, slavery and slavery-related practices, set out in our National Action Plan to Combat Human Trafficking and Slavery 2015-19 and consistent with international best-practice, was established in 2004. The Australian Government has worked continuously to refine and improve that response. Over the past 14 years, the Australian Government has implemented a strong suite of measures to combat human trafficking and slavery, including:

• a comprehensive and effective legislative framework that has led to the successful prosecution and conviction of 20 offenders,
• specialist Australian Federal Police investigative teams that have responded to more than 750 human trafficking and slavery-related referrals
• a dedicated support program and visa framework that has assisted 342 suspected victims of trafficking
• collaboration with business and civil society through annual Ministerial-level National Roundtables on Human Trafficking and Slavery, including leading multiple ad-hoc government and multi-stakeholder working groups under the auspices of the National Roundtable, including groups to develop the Forced Marriage Community Pack, examine ways to improve responses to supply chains exploitation and criminal forms of labour exploitation, develop guidelines for NGOs and to improve protections for private domestic workers working for foreign officials in Australia, and
• leading awareness-raising, including through national Forced Marriage Workshops in 2017 and delivery of training several times a year for law enforcement officials.

Australia’s regional and international approach to human trafficking, slavery and slavery-like practices:

Australia, as Co-Chair with Indonesia of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime (the Bali Process), has an established leadership role in the region and is resolved to remain a regional leader in this struggle against human trafficking and slavery. At the Bali Process Ministerial Conference held on 23 March 2016, members endorsed the Bali Declaration, which recognised the need to engage with the private sector to combat human trafficking and related exploitation, including by promoting and implementing humane, non-abusive labour practices throughout supply chains. Bali Process Co-Chairs are now organising the inaugural Bali Process Government and Business Forum, due to be launched 24-25 August 2017. The Forum will bring together ministers and business leaders from the region to focus on best practice in eradicating human trafficking and slavery.

As part of Australia’s leadership role through the Bali Process, the Australian Government delivers regional capacity building work relating to human trafficking and slavery. As part of Australia’s role as co-chair (with Indonesia) of the Bali Process Trafficking in Persons Working Group (TIPWG), AGD has led the development of a new policy guide on the use of financial investigation techniques to combat human trafficking and slavery. Bali Process member countries (45 countries) endorsed the Policy Guide in May 2017 and the delivery of training on the new guide is a key 2017-18 priority for the TIPWG. The TIPWG also continues to prioritise providing training to member countries on the Bali Process Policy Guides on criminalising trafficking in persons and migrant smuggling and identifying and protecting victims of trafficking.

Australia is actively encouraging UN efforts to strengthen coordination to develop a more strategic and coherent international response. We consider Alliance 8.7 a useful vehicle for bringing key UN agencies, Member States and non-government stakeholders together, to accelerate efforts and strengthen policy coherence in combating these abuses. Through the work of Ambassador for People Smuggling and Human Trafficking, Andrew Goledzinowski, Australia is now leading, with the US and the UK, progress on operationalising Alliance 8.7. The ILO Governing Body has now endorsed broadening the scope of the IV Global Conference on Child Labour in Buenos Aires (14-15 November) to include Alliance 8.7. The Global Conference will be an important milestone for progressing the work of the Alliance.

In December 2016, Australia co-sponsored the first ever UNSC resolution on Human Trafficking, which called on Member States to “investigate, disrupt and dismantle” criminal networks. DFAT is also working to ensure that the 2017 Review of the Global Plan of Action to Combat Trafficking in Persons makes a practical contribution.

Alongside advocacy by Ambassador for People Smuggling and Human Trafficking, Ambassador to ASEAN, and our diplomatic networks in the region and in key multilateral missions, Australia’s Ambassador for Women and Girls includes a mandate to support global and regional efforts to end trafficking of women and girls and support survivors.

Australia is actively encouraging UN efforts to strengthen coordination to develop a more strategic and coherent international response. We consider Alliance 8.7 a useful vehicle for bringing key UN agencies, Member States and non-government stakeholders together, to accelerate efforts and strengthen policy coherence in combating these abuses. Through the work of Ambassador for People Smuggling and Human Trafficking, Andrew Goledzinowski, Australia is now leading, with the US and the UK, progress on operationalising Alliance 8.7. The ILO Governing Body has now endorsed broadening the scope of the IV Global Conference on Child Labour in Buenos Aires (14-15 November) to include Alliance 8.7. The Global Conference will be an important milestone for progressing the work of the Alliance.

In December 2016, Australia co-sponsored the first ever UNSC resolution on Human Trafficking, which called on Member States to “investigate, disrupt and dismantle” criminal networks. DFAT is also working to ensure that the 2017 Review of the Global Plan of Action to Combat Trafficking in Persons makes a practical contribution.

Alongside advocacy by Ambassador for People Smuggling and Human Trafficking, Ambassador to ASEAN, and our diplomatic networks in the region and in key multilateral missions, Australia’s Ambassador for Women and Girls includes a mandate to support global and regional efforts to end trafficking of women and girls and support survivors.

Safe migration is a core part of our preventative approach in the region, most notably through our TRIANGLE in ASEAN program [the ‘triangle’ being Government, Unions and Employers], delivered in partnership with the ILO. In December last year, Australia renewed our commitment to a further funding of $20 million over ten years for the program.

This program sits alongside our other flagship investment to build and strengthen criminal justice responses to human trafficking, the $50 million Australia-Asia Program to Combat Trafficking in Persons (AAPTIP, 2013-18), one of our largest aid investments in Southeast Asia. The program aims to: strengthen criminal justice responses to trafficking at both national and regional levels; train judges, prosecutors, and investigators to increase rates of fair and just convictions; deliver research to inform strategic directions for the criminal justice response; and boost regional coordination and exchange of information. AAPTIP will also assist countries in the region implement obligations under the 2015 ASEAN Convention on Trafficking in Persons (and its Plan of Action), which entered into force on 8 March 2017.

Australia also supports other programs to prevent serious forms of labour exploitation in supply chains in the Indo-Pacific, such as ILO Better Work Programme and Preventing Exploitation of Women Migrant Workers in ASEAN managed by UN Women ($2 million, 2015-17).