Australia’s Implementation of the People Trafficking Protocol Presentation by Sandra Bennett International Crime Branch Australian Government Attorney-General’s Department The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime

The Australian Government’s Response The Australian Government’s Strategy to Eradicate Trafficking in Persons has four central elements: – Prevention – Detection and investigation – Prosecution, and – Victim support and rehabilitation. The Strategy established the framework for Australia’s compliance with the Trafficking Protocol, which Australia ratified on 14 September 2005.

The Australian Government’s $20m package to combat people trafficking: – An Action Plan to Eradicate Trafficking in Persons – New Australian Federal Police teams to investigate trafficking operations – A National Policing Strategy to Combat Trafficking in Women for Sexual Servitude – New visa arrangements – A Senior Migration Officer (Compliance) position in Thailand – New victim support measures – A Communication Awareness Strategy, and – Improved legislation to combat trafficking in persons.

Australia’s Implementation of the Protocol Criminalization – Article 5 Australia inserted new offences into the Commonwealth Criminal Code that comprehensively criminalise trafficking in persons. Covers offences relating to slavery, sexual servitude, deceptive recruiting, trafficking in persons (both international and domestic) and debt bondage. This fulfilled Australia’s legislative obligations under the Trafficking Protocol. Assistance to and protection of victims of trafficking in persons – Article 6 Prosecutions in Australia are conducted by the Directors of Public Prosecutions. Australian prosecutors are able to take action to protect the identity of the victim witnesses in these matters.

Assistance to and protection of victims of trafficking in persons – Article 6 Suspected victims of trafficking who agree to remain in Australia to assist trafficking investigations or prosecutions have access to the Support for Victims of Trafficking Programme. – Case management approach used. – Ongoing assistance includes income support, secure accommodation, medical services through Medicare, access to medicines, training, counselling, legal services and social support. Status of victims of trafficking in persons in receiving States – Article 7 New visa arrangements to enable suspected victims and witnesses of trafficking to remain in Australia and support the investigation and prosecution of alleged trafficking offences. – Apply to all victims of trafficking, regardless of the industry into which they have been trafficked.

Status of victims of trafficking in persons in receiving States – Article 7 Australia’s trafficking visa regime - Bridging F visa, the Criminal Justice Stay visa and the Witness Protection (Trafficking) visas. – Designed to ensure witnesses are able to safely remain in Australia for the purpose of assisting in the investigation and prosecution of the perpetrators of this crime. Repatriation of victims of trafficking in persons – Article 8 Supporting the repatriation and successful reintegration of trafficking victims is complex. Where a suspected victim chooses not to assist law enforcement authorities, or the person’s evidence is considered insufficient to assist a trafficking investigation or prosecution, the person is assisted in returning to their home country.

Repatriation of victims of trafficking in persons – Article 8 contd Australia supports a number of projects that aim to improve the projection, recovery and reintegration of women and children who have been trafficked. Australia funds two return and reintegration activities in the Asia- Pacific region: – IOM Return and Reintegration of Trafficked Women and Children (Phase II). – Thai Returnees Pilot Project. Prevention of trafficking in persons – Article 9 The Australian Government is collaborating with regional partners to combat this crime. Australia supports a number of projects that focus on regional cooperation that aim to reduce the incidence of women and children being trafficked.

Prevention of trafficking in persons – Article 9 contd These projects include: – Asia Regional Trafficking in Persons Project – Asia Regional Cooperation to Prevent People Trafficking. The Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime. Australian Government takes a strong leadership in encouraging domestic cooperation. – Australian Government People Trafficking Inter-Departmental Committee. – Australasian Police Ministers' Council (APMC).

Information exchange and training – Article 10 The AFP is involved in a wide range of cooperative activities with other countries and has developed specialist investigations training package. The Australian Government has also introduced training to increase awareness among police and immigration officials. Border Measures – Article 11 The Australian Government has a range of border measures to combat trafficking in persons, including: – AFP Transnational Sexual Exploitation and Sexual Trafficking Teams – AFP Joint People Smuggling Investigations Team – Advance Processing System – Regional Movement Alert System (RMAL).

Security and control of documents – Article 12 The Australian Government has introduced a new ePassport. – Contains a chip which stores holder’s name, sex, date of birth, nationality, passport number and the passport expiry date. Legitimacy and validity of documents – Article 13 Australia responds to reasonable requests to verify Australian travel documents and to confirm or deny the identity of the holder of a suspect document.

Summary There is no one solution for combating trafficking in persons. Australia uses a range of strategies to address people trafficking. Key elements in an effective people trafficking strategy are those laid down in the Trafficking Protocol, namely: – Criminalization – Protection – Prevention, and – Regional and international cooperation.

THANK YOU QUESTIONS ? Sandra Bennett Regional Law and Justice Section International Crime Branch Australian Government Attorney-General’s Department T