Modern slaves

This system is supported by a complex system of visas which are granted on a discretionary basis at the request of the Attorney General’s Department. Victims must generally stay on short term “criminal justice stay” visas which can be revoked at any time, thereby revoking any rights to services or assistance.

Although a temporary witness protection visa specifically for trafficking victims was introduced in 2004, at the time of conducting the research in late 2006, not one of these had been issued. It seems the visas are only being offered post-trial almost as a reward for the completion of a case. By not accessing this visa until after the trial, however, victims are left in a state of perpetual anxiety and trauma about whether they will be sent back at a moments notice - some have been helping authorities for two or three years.

Denial of support to a victim of trafficking if they cannot help the police is in clear violation of international human rights standards which require that all victims should be given the necessary medical, psychosocial and practical assistance needed to recover. Further, the right of victims to temporarily remain in a foreign country should be based on humanitarian or compassionate grounds and an individual assessment of the risk if they are sent back home. The current system thus further disempowers people who have already faced substantial insecurity and abuse at the hands of traffickers and who are in vital need of being put back in control of the lives rather than dangling at the end of a government official’s yoyo. Some have called this “witness bondage”.

It is also clear that the system is not necessarily leading to more prosecutions, as was hoped. At the time of research, there had been only four convictions made under the 1999 Slavery and Sex Servitude Act. Internationally, research has shown that a key ingredient of an effective criminal justice response is good victim protection, including giving all victims space and time to come to terms with what they have experienced and begin to trust authorities enough to decide to testify.

Whether those who do finally receive assistance are getting the right kind of assistance, was impossible for GAATW to adequately research. This is because the government has outsourced victim services to a private for-profit company, which is bound by confidentiality agreements not to talk about its work. The company also has extensive reporting obligations to government about particular people in its care.

The closed nature of the services make it difficult for the company’s social workers to learn and share experiences with those with expertise on trafficking both in Australia and overseas. It also leaves victims isolated and cut off from community services that could be more culturally appropriate and comprehensive. Protecting confidentiality and privacy of victims of trafficking is important, however we regard this is being used as an excuse so that the government and its contractor are actually entirely unaccountable and can avoid criticism.

Other countries in the region pay attention to Australia and may consider it to be a leader in fighting trafficking, especially as a major development partner. However, our research shows despite the necessary and welcome reforms to laws and visas that Australia has made, the application of these laws is not protecting the rights of those it seeks to protect. Many victims are not being identified, of those that are, only some have access to assistance, and of that number, the assistance they receive has been corporatised and closed to examination.

Finally, it is not only against international human rights but somewhat illogical that the visa system is so closely tied to the criminal justice system. Imagine if we asked all rape victims to stand up in court and accuse their rapists in order to receive counselling, health and medical services. And if they were too traumatised to do so, or their rapist had fled the country, or their evidence was not good enough we said “too bad, sorry we can’t help you”. This is what is happening to victims of trafficking in Australia right now.

The difference is, these victims of crime are migrants, who don’t have a stake in Australia’s political system. Therefore the government seems to think it is acceptable to ignore their rights with impunity.