Australia’s Response to Human Trafficking

This article argues that the link made between migration control and security in developed countries is damaging. Australia, a 'high destination' country for trafficking victims, is responsible for orchestrating a shift of the anti-trafficking paradigm away from the human rights perspective, into a border control agenda. While the sovereign right of each country to control its borders and design its own migration policies cannot be contested, international law dictates that such measures not be prejudicial to the rights of individuals. Australia has ratified the Trafficking Protocol, therefore, it is obliged to criminalize trafficking offences as defined under Article 3(a). This paper analyses whether Australia's response to human trafficking offences complies with the Trafficking Protocol. Australia's conceptualisation of trafficking is inconsistent with the Trafficking Protocol. Trafficking and people smuggling offences are conflated, with an inappropriate focus on trafficking for sexual purposes. Trafficking for labour exploitation is overlooked. Law enforcement efforts and migration policies need to give greater priority to protecting and supporting trafficking victims.

© Law School, University of Tasmania 2011