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More Effective Measures Urgently Needed in the fight to Abolish Modern Slavery

Date 26 November 2012
Subject Access to Justice
Type Letter
Description PO Box A147
Sydney South
NSW 1235
DX 585 Sydney
[email protected]
www.alhr.asn.au

Media release


For immediate release: Monday, 26 November 2012

?More Effective Measures Urgently Needed in the fight to Abolish Modern Slavery? says ALHR President, Stephen Keim SC.

?The Australian Parliament must seize the opportunity to address more thoroughly the crimes of people trafficking, slavery and slavery like conditions? said Stephen Keim SC, President of Australian Lawyers for Human Rights (?ALHR?), today in Brisbane.

ALHR has welcomed the opportunity to provide its submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) as part of its current inquiry into slavery, slavery-like conditions and people trafficking (the Inquiry).

ALHR?s submission identifies weaknesses in existing Australian legislation in this area. The submission also identifies problems with investigation and law enforcement. The submission also suggests that victim support and rehabilitation services are largely inadequate and need to be redressed.

The Inquiry follows the recent introduction to Parliament of the Crimes Legislation Amendment (Slavery, Slavery Like Conditions and People Trafficking) Bill 20l2. The Bill was introduced following the visit to Australia of the United Nations Special Rapporteur, Joy Ngozi Ezeilo, on trafficking in persons.

In her recent report, the Special Rapporteur, Ms. Ezeilo, estimates that 2.5 million people worldwide identify as victims of these crimes. 1.2 million of these are children.

?Australia should be a world leader in this area, ensuring full compliance with all relevant international legal obligations?, said Mr Keim. ?Australia should work towards achieving international best practice in response to these challenges?.

ALHR recommends that Australia encourage effective international action to address
all forms of slavery, slavery-like conditions and people trafficking through both
international and regional engagement.

With only 13 convictions resulting from 300 investigations between 2004 and 2011, ALHR strongly advises that the JSCFADT scrutinise the investigation and prosecution processes relating to these crimes.

ALHR also suggests that an effort be made to clarify Australian criminal law in the area. It should be made clear that all forms of slavery and people trafficking are caught by the legislation.

ALHR also urges that emphasis be placed on making victim protection and rehabilitation a priority. The human rights of victims should provide the framework against which decisions are made. The availability of support should not be conditional upon the victim?s participation in criminal proceedings brought against the perpetrator.

AHLR strongly supports Australia's existing victim support program. However, ALHR considers that improvements can and should be made to that program. Efforts must be made to strengthen settlement services, including access to housing for trafficked women and their dependent children who obtain permanent residency. Further, Australia must ensure that support for identified victims of trafficking is available as required. In particular, it should not be limited by the duration of legal proceedings.

?Victim support and prevention should not be overlooked when addressing these crimes. Australia should be taking a strong and compassionate lead on this issue to emphasise that slavery has no place in the modern world,? Mr Keim said.

Criminal sanctions on their own are insufficient. Focusing on prevention is a key requirement for an effective strategy. More work needs to be done to enhance community awareness and to create an environment in which victims can be supported and feel more comfortable coming forward about the crime.

ALHR urges that existing strategies be supplemented to address people trafficking and related crimes in a more robust and comprehensive way.

Stephen Keim
President, Australian Lawyers for Human Rights
M: 0433 846 518
E: [email protected]

ALHR (Australian Lawyers for Human Rights) is a network of Australian lawyers active in practising and promoting awareness of international human rights standards in Australia. ALHR has a national membership of almost 2500 people, with active National, State and Territory committees.

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