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Forced Labour and Human Trafficking: The Criminalisation of Labour Trafficking

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

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Forced Labour and Human Trafficking: The Criminalisation of Labour Trafficking

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  1. Forced Labour and Human Trafficking: The Criminalisation of Labour Trafficking Susan Kneebone Emeritus Associate Castan Centre 17 May 2013

  2. 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

  3. 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

  4. 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]

  5. 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)

  6. 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 …

  7. Lessons from early responses to human trafficking • A focus on protection brings the victim into the picture • Without victims criminalisation is ineffective

  8. 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

  9. 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

  10. We need to learn from our past mistakes • And from our neighbours • THANK YOU!

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