Abstract
Internationally, it is widely recognised that labour law and associated protections are a critical part of any comprehensive response to trafficking in persons. In this article, we argue that while Australia has taken some important steps to incorporate labour protection systems into the anti-trafficking response, there is still more work to be done. In particular, the federal, and state and territory governments have yet to take up the opportunity to link anti-trafficking efforts with initiatives aimed at improving the working conditions of workers in the sex industry. We suggest this reflects a common—but unjustified—assumption that “labour trafficking” and “sex trafficking” are distinct and different species of harm. As a result of this distinction, workers in the Australian sex industry—an industry where slavery and trafficking crimes have been detected— are missing out on a suite of potentially effective prevention interventions, and access to civil remedies. We argue that there is a need to provide practical and financial support, so that the national industrial regulator, the Fair Work Ombudsman, can work directly with sex worker advocacy groups, to examine opportunities and barriers to accessing the labour law system, particularly for migrant sex workers.
Highlights
This article seeks to promote greater accountability in the design of anti-trafficking strategies by examining how the assumed distinction between “sex trafficking” and “labour trafficking” has shaped Australia’s response to trafficking
We argue that the practical consequence of treating “sex trafficking” and “labour trafficking” as separate species of harm is that workers in the Australian sex industry— an industry where slavery and trafficking crimes have been detected— are missing out on a suite of potentially effective prevention interventions, and access to effective remedies
Despite political concern about sex trafficking, inadequate attention has been paid to providing people who are vulnerable to exploitation in the sex industry with the legal tools to avoid, challenge or contest coercive and abusive practices before they develop into situations of criminal exploitation
Summary
This article seeks to promote greater accountability in the design of anti-trafficking strategies by examining how the assumed distinction between “sex trafficking” and “labour trafficking” has shaped Australia’s response to trafficking. At the state and territory level, concern about trafficking criminality in the sex industry has provoked calls for tougher licensing regimes for brothels, despite the fact that there is no evidence-based research in Australia indicating that the incidence of sex trafficking can be attributed to either legalisation or decriminalisation of the sex industry.[32] research on the trafficking of women for sexual purposes has observed that the AFP has identified cases of sex trafficking in legal and illegal brothels and that several AFP agents consider ‘that this distinction had little relevance from the perspective of investigating trafficking’.33 In this same research, it was noted that clients of sex workers have been a source of information about trafficking crimes in Australia, and they have acted as witnesses in prosecutions.[34]. This approach ensures that the benefits of labour trafficking prevention initiatives— which focus upon improving the availability and accessibility of labour law protection for vulnerable migrant workers—are made available to workers in the sex industry
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