12 November 2010

Trafficking questions

The Australian Institute of Criminology, thinner than last year but - for the moment - still extant, has released a brief Trends & issues in crime and criminal justice paper by Jacqueline Larsen on 'Migration and people trafficking in southeast Asia'.

The AIC's Director prefaces the report with the comment that -
Although the number of identified cases of trafficking into Australia is relatively low, the hidden nature of this crime and reluctance of trafficked persons to report to authorities suggests that a number of cases may go unidentified and the problem may be more extensive than available data indicates. Much can be learned about the risks of exploitation, including trafficking, from an overview of undocumented movement throughout the region. The risk of people being trafficked to Australia is largely mitigated by well-protected borders and economic opportunities in more accessible regions. However, management of the risks of trafficking in the southeast Asian region is connected to strategies that aim to prevent trafficking at source countries and to the activities of Australians and Australian entities in those countries. Characteristics of migration in southeast Asia — such as the role of informal networks in facilitating movement and the exploitation of migrants for non-sex work as well as sex work — hold important implications for Australia's response to people trafficking.
We might consider that statement is somewhat anodyne.

Larsen comments that -
People trafficking occurs within the context of high levels of people movement (particularly undocumented), which are primarily driven by the desire for greater economic opportunity and a better quality of life. Southeast Asia is known to be a significant source of trafficked persons and intra-regional trafficking is high. However, the Asian region is also a primary source for persons who are trafficked around the world, with Australia among the target destinations. The southeast Asian region has seen a high level of predominantly intra-regional migration since the 1980s (Kaur 2007). These high levels of people movement have been driven by various socioeconomic and political push and pull factors operating throughout the region (IOM 2008).

This paper examines the characteristics of migration in southeast Asia, the ways in which people trafficking occurs within this process and the implications for Australia's anti-trafficking response nationally and regionally. It is based on a literature review, along with information from interviews conducted with prosecutors, law enforcement officers, policy officers and representatives of non-government and international organisations in Thailand, Indonesia, Singapore and Malaysia.
Larsen concludes by asking "what does all this mean for Australia?", answering that -
National and regional initiatives, including legislative changes or increased law enforcement activity in line with recognised international best practice can better regulate the flow of people across borders and their potential vulnerability to exploitation (Kaur 2006). This, in turn, can also have a positive effect on trafficking, which is underpinned by the broader issue of the exploitation of migrants. Although it is well accepted that specific anti-trafficking measures are also required, better management of the risks of exploitation in the region has a positive impact on Australia as a destination country and on Australian activity in the region.

Australia's strong socioeconomic position in the Asia–Pacific region, together with plentiful job opportunities in low-skilled sectors, contributes to its status as a target destination for traffickers and smugglers. Despite this, it is unlikely that Australia will experience a significant growth in trafficked persons from the region for several reasons, including:
* most migration in southeast Asia is intra-regional and the trafficking of persons seems to have followed this path;

* most people who are trafficked are in search of better economic opportunities of which there are already many within southeast Asia or in neighbouring regions such as East Asia and the Middle East; and

* undocumented movement within the southeast Asian region carries fewer risks of detection and is far less expensive (thereby incurring smaller debts for the migrant) than travel to well-protected Australian sea and airports.
Despite the unlikelihood of an influx of trafficked persons into Australia for the reasons noted above, supporting sound risk-management initiatives in the region, as well as Australian risk-management actions, is an important strategy.

Management of regional risks of exploitation also holds implications for Australian activities in the region, such as child sex tourism, offshore labour arrangements and of course, trafficking. Australia's extended geographical jurisdiction in relation to trafficking offences enables the prosecution of offences 'committed outside Australia by an Australian company, citizen or resident' (Australian Government 2009: 11). This aspect of the legislation is an important tool for managing risks of exploitation and trafficking by Australians in the region.

Furthermore, the significant role played by informal networks of migrants and facilitators (eg brokers/recruiters) in migration within and out of the southeast Asian region is of importance when considering future levels of migration into Australia and should be considered when responding to the problem of trafficking. Further research is required to learn more about the role of facilitators in migration and trafficking.

The need to look beyond trafficking for the purpose of sexual exploitation is obvious, given the potential exploitation of large numbers of migrant workers in the Australian agriculture, construction, mining and hospitality industries among others.

Australia is a member of the International Labour Organisation and has ratified seven of the eight fundamental conventions which promote decent work by setting minimum labour standards for all industries.

The recent introduction of the Pacific Seasonal Worker Pilot Scheme in Australia, which tightly controls the supply of Pacific workers into the Australian agricultural industry, is one example of how a receiving country can seek to ensure the protection of migrant workers and maintain standards and conditions within the nation's labour market ....

The emergence of cases of migrants experiencing exploitation in various industries (AIC 2009; Deegan 2008) demonstrates that despite comparatively strong regulation across many labour sectors, such scenarios are a continuing risk that require sustained and dynamic responses. This overview provides some insight into the dynamics of migration in the southeast Asian region that impact on the risks for people trafficking.
All very sound, of course, and useful in substantiating pleas for maintenance of research funding.