The report reflects Australia's 2005 ratification of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons. It notes that the Commonwealth
has supported a range of initiatives, including a package of support provision for victims of trafficking, the establishment of a specialist law enforcement response in Australia and support for regional development projects. These initiatives are supported by Commonwealth legislation which was first introduced in 1999, with the enactment of slavery and sexual servitude offences in the Criminal Code (Cth) and significantly reformed in 2005 with the insertion of trafficking in persons and debt bondage offences.Most Australian states and territories have enacted legislation around sexual servitude and deceptive recruiting.
How many people are being trafficked? The report indicates that "as with most crimes, an exact figure ... is impossible to obtain". It notes that "available aggregate statistics from Australian Government agencies" indicate
• between 1999 and June 2008 the Department of Immigration & Citizenship (DIAC) referred 269 matters (250 people) regarding trafficking to the Australian Federal Police (AFP).In looking at trafficking in Australia the report comments that
• from January 2004 to December 2008 the Transnational Sexual Exploitation and Trafficking Teams (TSETT) within the AFP undertook some 210 investigations and assessments of trafficking-related offences
• 113 victims of trafficking (over 95% of whom were women) were provided with assistance through the Office for Women's (OfW) Support for Victims of People Trafficking Program
• 34 people were charged with trafficking related offences. Seven of those defendants have been convicted: four for slavery matters, two for sexual servitude and one for deceptive recruiting.
Cases of trafficking in persons detected in Australia have primarily involved women from Thailand, although smaller numbers have also come from South Korea, Indonesia, China, India and the Philippines among other countries. Three male victims of traffi cking have been detected and received support through the Support for Victims of People Trafficking Program. ...A report by the Australian Human Rights Commission on Immigration detention and offshore processing on Christmas Island has meanwhile argued that
Although the exact number of persons trafficked into Australia each year is unknown, much has been learned about the circumstances by which people enter the country from victims who have been involved in investigations. Trafficking into Australia has predominantly been identified as being for the purpose of sexual exploitation, with the majority of investigations and assessments of trafficking-related offences conducted by the AFP occurring in the sex industry.
The picture that emerges is somewhat mixed, with victims coming from a range of positions (eg mothers, students), although most are from low socioeconomic areas. Some victims are aware of the nature of the work from the outset while others are deceived. Some seek work in Australia while others are approached by recruiters, friends or acquaintances. There are also some key commonalities among trafficked persons. Regardless of the method of recruitment, many decide to travel to Australia for the opportunity to earn a larger income than is possible in their country of origin. It is common for 'agents' to be involved in arranging travel and contracts must usually be completed and debts owed to the agents/traffickers repaid before the women find themselves in a position to continue working and earning money that can be sent home. ...
In 2004–05, nearly four million visitor, student or working holiday visas were granted. Of the 159 suspected cases of trafficking referred to the AFP by DIAC:
• 122 were related to persons who arrived in Australia on visitor visas
• 12 were related to persons who had been issued business visas
• 7 were related to persons who had been issued working holiday visas
• 4 were related to persons who had been issued student visas.
legitimate concerns about people smuggling should not cause Australia to depart from its international human rights obligations to treat asylum seekers humanely and with fairness.
