Statement by the Australian Human Rights Commission – UN Human Rights Council

Report of the Special Rapporteur on Trafficking in Persons, on her mission to Australia in November 2011

23 June 2012

The Australian Human Rights Commission welcomes the report of the Special Rapporteur on trafficking in persons on her mission to Australia in November 2011.

The Australian Human Rights Commission was pleased to co-host with Australian NGOs two forums for the Special Rapporteur during her visit.  The Special Rapporteur has provided a constructive assessment of Australia’s efforts in addressing trafficking in persons, noting both the positive efforts of the Australian Government in this regard, as well as some of the areas that could be further strengthened.

The Special Rapporteur commended some of the positive elements of the Australian Government’s efforts to prevent trafficking in persons and protect the rights of trafficked persons including:

• The proposed amendments to the Criminal Code Act 2005 (Cth) to comprehensively reflect the full suite of Australia’s international legal obligations under the Trafficking Protocol;

• a robust working relationship with civil society; and

• good engagement across the national government, through regular inter-departmental government meetings.

• The Commission is pleased to note that since the Special Rapporteur’s visit, the Australian Government has introduced the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Bill 2012into the federal Parliament.

• This Bill proposes to criminalise a range of exploitative behaviours including forced labour, forced marriage, organ trafficking and harbouring a victim; as well as clarify and extend the scope of slavery offences; extend the application of existing offences of deceptive recruiting to situations of non-sexual servitude; increase penalties for debt bondage offences; and amend existing definitions to ensure the broadest range of exploitative conduct is criminalised, among other things.

• The Commission supports the Bill. It contains significant and improved protections which further align Australian law with our human rights obligations.

The Commission notes that the Special Rapporteur has also commented on some areas where the Australian Government could strengthen efforts to preventing trafficking in persons and protecting the rights of trafficked persons, which include:

• Re-develop, consultatively, a national plan of action for combating trafficking which applies a human rights based approach, including measurable targets and indicators.

• Placing a greater focus on a victim centred approach and on victim’s rights particularly in the areas of housing, settlement and orientation services, medical and psycho-social support and translation and interpreting services.

• Providing specialist services for trafficked children, including appropriate housing, education and care.

• Ensuring trafficked persons including children are not arrested, detained for long periods and deported for breach of migration regulations without proper identification, while paying particular attention to the vulnerability of smuggled migrants to trafficking related deception, coercion and exploitation.

• Ratifying, without delay, the Convention on the human rights of Migrant Workers and their families and the 2011 ILO Convention Concerning Decent Work for Domestic Workers.

The Australian Human Rights Commission looks forward to continuing to work with the Australian Government as it considers how best to implement the recommendations made by the Special Rapporteur. We commend the report to the Council.

Special Rapporteur’s report on Australia

http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session20/

A.HRC.20.18.Add.1_En.PDF