Motions

Human Trafficking and Modern Slavery

The Hon. I. PNEVMATIKOS (17:19): I move:

That this council—

1. Acknowledges that human trafficking and modern slavery is a heinous crime and a violation of human rights;

2. Notes the escalation and desperation that has led to human trafficking and modern slavery in recent years on an international scale;

3. Recognises that there is limited quantitative and qualitative evidence of the prevalence of human trafficking and modern slavery in South Australia, and that as well as the federal government, the state government has a responsibility to explore the circumstances that have given rise to the escalation of human trafficking and modern slavery; and

4. Congratulates neighbouring states such as NSW and international organisations, including the International Labour Organization, who are working proactively to address human trafficking and modern slavery.

For too long, human trafficking and modern slavery has taken advantage of vulnerable cohorts across the globe. Whether encapsulated by force, coercion or deception, people are being exploited and sentenced to living a life in fear and in pain, a life without rights or protections. It is a heinous trade of human beings functioning on the margins of society, violating a multitude of human rights. Perpetrators do not discriminate; they target men, women, the young and the elderly alike. Essentially, wherever there is poverty, conflict and/or low protections, the risk of exploitation is high.

In terms of human trafficking, because of the nature of the operation, it is difficult to ascertain specific numbers of victims. What we do know, as highlighted by research undertaken by the UN, is that approximately 40 million people across the world fall prey to modern-day slavery, 25 million are subjected to forced labour, and 15½ million women are subjected to forced marriage. Our recent history with the dislocation and displacement of people will only further enhance the environment for human trafficking.

It is appalling that we have reached a point where we are reading about mass deaths—deplorable deaths—in a truck in Essex to be able to start comprehending that maybe we need to reassess the way in which we are tackling this issue. Some may argue that in our own backyard modern slavery is virtually non-existent. But it exists and operates below the surface and on the margins. For example, a case study in a report into workplace arrangements along the harvest trail by the Fair Work Ombudsman in 2018 highlighted a case where:

The Fair Work Ombudsman received information from backpackers who had responded to advertisements for farm work through Facebook, Gumtree and other social media channels posted by an individual…

The Fair Work…investigations made a number of findings including that he [namely the trafficker] collected workers from bus and train stations and took them straight to bank teller machines to withdraw money to cover job finding fees and accommodation deposits to be paid to him up front.

He then took them to substandard, over-crowded accommodation.

The operator was alleged to have organised jobs at local farms, transported them to the farms to work, but then failed to pay the monies that he had collected from growers.

If the backpackers complained and requested to leave, he told them that the job finding fee and deposit were not refundable.

The Fair Work Ombudsman was unable to definitely confirm an employment relationship with the individual because the backpackers had been asked to sign contracts stating that he was not their employer.

They were also unable to advise the Fair Work Ombudsman what farms they had worked on, which prevented Fair Work Inspectors from gathering evidence from growers.

Let's not forget the exploitation of workers as revealed in May 2015 in the Four Corners episode, entitled Slaving Away. In part, it contributed to investigations undertaken by the Economic and Finance Committee as an initial response to the issue. The evidence pertaining to the exploitation of workers provided to the committee can only be described as deplorable. For instance, in one case, 20 workers or more shared a single house, sleeping side by side on mattresses on the floor.

Make no mistake, forced labour is being underclassed as underpayment. In a climate of growing unemployment and underemployment, particularly as a state that has prominent seasonal and fly-in fly-out working conditions, we need to start addressing the issue now. But how? There is very little literature and investigations into this matter in our state. In fact, a report by the Australian Catholic Religious Against Trafficking in Humans highlighted its concerns with South Australia's lack of insight into the issue back in 2012. All that we have appears to be sporadic and anecdotal, which further renders the issue invisible as we do not understand the parameters.

Fortunately, Dr Marinella Marmo recently released a report on slavery and slavery-like practices in South Australia. The report demonstrates that human trafficking and modern slavery are not just occurring across the globe but in South Australia as well. Why? Because vulnerable workers in South Australia have commonalities to other countries where this issue is rife: workers of temporary migratory status; women and girls being forced into arranged marriages or spousal sponsorship; industries based in isolated areas; industries without recognition and therefore no protections; workers with a lack of knowledge, trust or access to government supports; and a growing fear of workers to walk away from exploitative conditions due to fear of repercussions. They are just a few examples.

As highlighted by Dr Marmo's report, any combination of these factors renders South Australians vulnerable, and I quote, 'The more vulnerable, the greater is their susceptibility to exploitation.' I strongly echo this sentiment. I have seen firsthand during my experiences both in and before this place the detrimental effect vulnerability has on the level of exploitation experienced by women and workers. Both contributed to the awareness of the potential prevalence of this trade in South Australia, again stemming from the Four Corners report into the mistreatment of workers in our state.

I have spoken in this place before about the compelling findings by the McKell Institute on the economic impacts of wage theft and underpayment in South Australia. This incident goes further than the matter of wage theft, and it needs to be addressed as such. Dr Marmo has made compelling arguments that the more severe forms of underpayment in South Australia would meet the threshold of slavery-like indicators set by the International Labour Organization. More awareness on the issue needs to be raised and more adequate supports need to be in place to support those who are trapped and exploited in trafficking schemes.

However, first we need to know more. We need to investigate and consolidate data on the extent of modern slavery and trafficking in our state. It is what some of our neighbouring states—Victoria and New South Wales—have done to ascertain policy as well as legislative reforms at a state level. We must heed the recommendations made by Dr Marmo and do what we can to address the gaps in this area. We need to shine a light on the issue and break down the incentives associated with this exploitative behaviour. Most importantly, we need to undertake further investigation and inquiry in order to develop strategies and programs to end this scourge on humanity.

Debate adjourned on motion of Hon. J.S.L. Dawkins.