Human Trafficking In Australia

Human trafficking affects every country in the world, whether it is known to the public or not. There are many legal and non-legal responses in the world today helping to spread awareness and help victims that are affected. Human trafficking is transnational, affecting the boundaries and rights of people that are enslaved in these jobs, these traffickers thrive on the vulnerability of people. Both domestic and international responses are working to stop slavery throughout the world, many laws have been constituted because of these responses.

The United Nations Convention against Transnational Organized Crime (UNTOC) also known as the Palermo Convention is a multilateral treaty that fights against transnational organised crime. The Palermo

Convention is a legal response that obtains three protocols known as the Palermo protocols. This convention was introduced by The United Nations General Assembly in 2000, the main aim of advocating cross-border cooperation in intercepting organised crime. The convention currently has 186 parties with only 147 signatories, 180 of these are Unites Nations member states and 13 are not party to the convention. Only 40 states have ratified this convention out of the 147 signatories. Each protocol has its own set of signatories in regards to each country deciding which protocol they will uphold. Protocol 1 has 117 signatories which regards prevention of punishment of women and children, Protocol 2 has 112 signatories stating against the smuggling of Migrants by Land, Sea or Air and Protocol 3 has 52 signatories in regards to Illicit manufacturing of and trafficking fire arms. This convention has proved to be non-effective as only 40 states out of 147 signatories have ratified the convention, as this is a low number it exhibits that these countries have acknowledged the fact that this convention exists but has not accepted it. This creates the issues of compliance and non-compliance in relation to human rights as these countries have not ratified this convention resulting in the issue of human trafficking becoming a repetitive cycle.

Australia’s Criminal Code Amendment (Slavery and Sexual Servitude) Act 1995 (Cth) manages the acts against humanity within Australia.

This act as been amended in 1999, 2002 and 2005 which provides updated penalties for offenders as the Act is keeping up with societal changes. This Criminal Code was amended in accordance with Australia’s international obligations regarding human trafficking. In June 2006, brothel owner Wei Tang was convicted with five counts of possessing and excessing power of ownership over a slave. She was sentenced to ten years’ imprisonment. In August 2008, the High Court of Australia sustained the convictions of Melbourne brothel owner, in regards to slavery. This initiated the High Court’s first ever criminal conviction of slavery offences under the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1995 (Cth). R v Tang has been referred to as “the most crucial test of effectiveness of our criminal laws against slavery.” This shows effectiveness in the criminal justice system as this Criminal Code has been amended many times after it came into effect. The role of law reform in protecting human rights has been effective in the fact that this Code has proved to be impactful in regards to R v Tang and the constant changes in

society.

Amnesty International campaigns on a large scale of issues in regards to human rights around the world.

Amnesty International was founded in 1961 since then they have demanded action on over 44,000 cases of human rights abuses around the world, Amnesty International is supported in 150 countries with over 3 million people helping them. This non-legal response gathers vital information, statistics and often goes to the country to report from the source. In August 2015, Amnesty International’s decision making forum, the International Council Meeting, in Dublin passed a vote to protect the human rights of sex workers. Representatives from around the world adopted this resolution that authorised the International Board to adopt this policy. This policy ensures that all states protect sex workers and equal legal protection against exploitation, trafficking and violence. Amnesty International believe that human trafficking is a abomination in all forms and should be criminalised as a matter of international law. Amnesty International is not a legal response to human trafficking issues, but the organisation has many supporters in many countries that ensure dominance in opinion and change. This policy recoginses the work that Amnesty does to protect trafficking victims, through campaigns around the world they have an influential part in bringing awareness to the cause. Amnesty International is effective in regards to human trafficking as they bring awareness to the cause and fight

for change. The effectiveness of legal and non-legal measures in protecting human rights are prominent in Amnesty’s campaigns as they are adamant in protecting the basic human rights of people around the world.

ACRATH is a domestic non-legal response to human trafficking and slavery in Australia. ACRATH is determined in working together to eliminate human trafficking in Australia and are committed to campaigning and spreading awareness about trafficking in all forms. ACRATH’s main aim is to bring awareness to human trafficking and the impact it makes on the victims. In 2015 ACRATH campaigned against visas that victims were receiving for them to stay in the country after they had been rescued. The visas that they were receiving were called Criminal Justice Stay Visas (CJSV) indicating that the victim was labelled as the criminal when in fact they are victims, this visa framework will soon be replace with a new one. ACARTH was successful in campaigning as they have also reformed the name of the visa the Witness Protection Trafficking Visa (WPTV) which protects the confidentiality of the victims. The WPTV is now renamed Referred Stay Visa. They have also been successful in getting the Bridging F Visa which enables the victims to go back to there home and then return safely to Australia if necessary. ACRATH is effective in the way that they campaign against breeches in human rights, these visas are a result of this campaign as they show how the names of these visas can now further protect victims of human trafficking. This shows the role of law reform in protecting human rights as ACRATH has initiated the right for victims to feel safe in Australia without being labelled as criminals.

Human trafficking is a significant issue in the world today, these responses whether they are legal or non-legal provide awareness and help to the victims. Through the help of the Criminal Code, Amnesty International and ACRATH human trafficking is becoming known to the world and effectively changing the way slavery is perceived. The Palermo Convention needs reform to create awareness and need for these protocols to help victims of human trafficking. Human trafficking needs an abundance of help through these responses to create awareness and reform.