Trafficking in persons is considered a form of modern-day slavery and one of the most pressing human rights issues facing the world today.

The plain English definition of human trafficking:
1.    ‘the action of recruitment, transportation, transfer, harbouring, or receipt of persons.
2.    by means of the threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim.
3.    for the purpose of exploitation, which includes … sexual exploitation, forced labour, slavery or similar practices, and the removal of organs.’

Definition:
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organised Crime, defines trafficking as:

'The recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation'. (United Nations General Assembly 2000: 3a).

It is important to note that the recruitment, transportation, transfer, harbouring or receipt of a child (i.e. person aged under 18 years), shall be considered "trafficking in persons", even if the means set out above are not involved.

Human trafficking may take on a number of forms, including trafficking:

• into the sex industry 
• into situations of forced labour (for example in factories, restaurants or on fishing boats)
• into domestic labour (for example as a servant or nanny)
• for marriage
• for bodily organs

Trafficking in persons occurs in almost all countries of the world; it is estimated that every year over a million people are trafficked either within or between countries. Yet, due to the clandestine nature of the crime, which has become a highly lucrative and global business, reliable statistics on current rates of trafficking are challenging to obtain.

Trafficking in the Australian Context

Despite a longstanding lack on the part of our nation's leaders regarding the domestic relevance of trafficking, recent years have seen clear evidence emerge to indicate the presence of trafficked persons in Australia. Documented estimates of the number of trafficked persons in Australia at any one time vary significantly, from as little as 4, to as many as 1000.

The most recent 'Trafficking in Persons' report released by the US State Department in June 2007 lists Australia as a destination country for women from Southeast Asia, South Korea, and the People's Republic of China.

In 2004, data collected by Project Respect indicated that many women trafficked into Australia in fact volunteered to be trafficked, knowing they would be employed in the sex work trade (for full details, see Project Respect, 2004 One Victim of Trafficking is Too Many). However, data also indicated that consent to be trafficked was predominantly given under false pretenses. 

Women believed they would be able to choose their clients, regulate the frequency of visits, and would be keeping almost all of their earnings. Upon arrival, almost all surveyed women found themselves enduring conditions of sexual sertivude, and debt bondage.  In brief, this means trafficked women are forced to serve a certain number of clients per day to pay off a debt for their transporatation into the country. (For a detailed analysis of sexual servitude and debt bondage, see Fergus, L 2005.)

In enduring conditions of sexual servitude and debt bondage, many surveyed women reported being held in captivity, unable to leave their place of residence or work to purchase food or toiletries. A common finding was that women reported themselves unable to refuse clients, being forced to partake in unprotected sex.  Rape was reported as commonly systematic, as were various other forms of physical and emotional abuse and violence. Once in captivity, the lives of womens' families were often threatened, deterring possible escape.

In 2001, Thai detainee Puanthong Simaplee died in Villawood detention centre.  She was originally trafficked into Australia for the purposes of sexual exploitation.  Since this time, the Australian government has instigated a series of policy and legislative reforms to address the issue of human trafficking.

Government Response

In October 2003, a $20 million package to combat trafficking in persons was announced.  In June 2004, the Australian Government launched it's Action Plan to Eradicate Trafficking in Persons, which comprises four key elements (prevention; detection and investigation; criminal prosecution; and victim support and rehabilitation).  New visas were introduced to explicitly deal with victims of trafficking.

Bridging Visa F - This visa enables an unlawful non-citizen who is of interest to the Commonwealth, State, or Territory police in relation to the investigation or prosecution of a people trafficking matter to remain in Australia for up to thirty days.  In this time, the non-citizen is to make a choice:

1. Cooperate with authorities in prosecuting offenders or;

2. Face imminent deportation.

Criminal Justice Stay Visa

The Criminal Justice Stay Visa may be granted to any unlawful citizen who is already on a Bridging Visa F, where a law enforcement agency has certified that the non-citizen is required in Australia for the purpose of criminal justice proceedings. At the conclusion of legal proceedings, this visa is no longer valid.

Witness Protection (temporary) Visa

A Witness Protection Visa will be granted to those who meet certain requirements.  If eligible, the applicant may receive this visa for up to three years.

Witness Protection Permanent Visa

This visa may be granted if the applicant has held the Witness Protection Temporary Visa for at least two years.

Timeline in Australia

In 2004, the Australian Federal Police (AFP) investigated 38 suspected cases of trafficking, however, no prosecutions were made.

In 2005, the Criminal Code Amendment (Trafficking in Persons) Act 2005 was introduced.

In 2005, the United Nations Protocol to Suppress and Punish Trafficking in Persons was ratified.

In 2006, former brothel licensee, Wei Tang, was convicted on ten charges of possessing and using 5 Thai women as slaves. This was a victory on behalf of human rights and anti-trafficking activists within Australia.

In the 2007-2008 Budget $26.3 million was allocated to continue the Government's efforts to fight trafficking. For Government Media Release (May 2007) click here.

Despite Australia's significant advances in addressing trafficking, a recent NGO Shadow Report, which was presented at the 34th Session of the Committee for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in New York in January 2006, highlights that the current response requires strengthening. The authors of this report recommended that future activities address trafficking from a gendered perspective and within the human rights framework.

Additionally, the Australian government has been criticised for only assisting trafficked women who aid police in their investigations and subsequent prosecutions. The argument is frequently made that trafficked women should be assisted regardless of their willingness to cooperate with authorities. For a comparison of legal responses between countries, see Article 18 of Italy's Immigration Act.