human rights & human trafficking: legal studies flashcards

Collective rights

Rights of a group of people, not possible for an individual to have the right if the group doesn’t. e.g peace rights, not possible for one person to have peace in a country where there is conflict, self-determination

Individual rights

A right that is given to one person in order to achieve universal suffrage, it is possible for some individuals to not have that right e.g. voting, some may not be of age

Natural law

Moral behaviour, the way people behave and just obey human rights laws

Positivism

People should obey human rights because the government says its important

Rule of law

No-one is above the law i.e. slavery

Definition & characteristics of human rights

Minimum standards to live a dignified life, being both rights and obligations on governments  i.e. inherent, universal, inalienable, indivisible, interdependent, equal and non-discriminatory, both rights and obligations. Important to protect people from injustice, allow individuals to achieve their full potential, countries have an obligation. Enshrined in Bill of Rights (ICCPR & ICESCR)

Abolition of Slavery

Importance   

• Recognise that humans cannot be owned, equality ,dignity

Developing recognition 

• Iceland abolished in 1117 

• Slavery Abolition Act 1833 (UK) ended Slavery in the UK due to christianity 

• 1865 abolition of slavery in the US following civil war, 13th amendment 

  Current recognition 

• UDHR 1948 Article 4 “no one should be held in slavery or servitude” set standards 

• ICCPR 1966 Article 8 gave state parties the obligation to create domestic laws

Trade unionism and labour rights

Importance

• Recognises imbalance of power that employees have, collective action, dignity of workers

  Developing recognition 

• Started with the Trade Union Movement 1800’s Industrial Revolution 

• UK’s Factory Act 1833 limiting hours of work for children 

• The Trade Union Act 1871 (UK) gave unions legal status

• Australia: developed from the 19^th century, and formed the ALP (1891)

• Fair Work Act 2009 (Cth) right to join a trade union.

  Current recognition 

• Articles 23-24 of the Universal Declaration of Human Rights

• Articles 6-8 of the International Covenant of Economic, Social and Cultural Rights

Universal suffrage

Importance

• Equality, power over your government

  Developing recognition 

• 19^th century – women’s suffrage movement

• Australia 1902 – Franchise Act 1902 (Cth)

• Britain 1918 (limited voting rights) and then 1928 complete women’s vote

• US – suffrage to all males under Fifteenth Amendment to the US Constitution

• Australia – 1962 Amendment to the Commonwealth Electoral Act 1918

  Current recognition 

• Article 21 of UDHR “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.”

• Article 25 of the International Covenant on Civil and Political Rights 1966

Universal Education

Importance

• Contributes to other HR like the right to work

  Developing recognition

• 1870 Education Act 1870 (UK) and Public Instruction Act 1880 (NSW)

• Education Act 1990 (NSW) made schooling compulsory until 17 

  Current recognition 

• Article 26 of the Universal Declaration of Human Rights

• Article 13 of the International Covenant of Economic, Social and Cultural Rights

• Article 28-29 of the UN Convention of the Rights of a Child (1989)

• Millennium Development Goal #2 (2001)

Self-determination

Importance

• The right of people of a territory or national grouping to determine their own political status and how they will be governed.Own language and customs, collective 2nd generation right

  Developing recognition 

• Started after WW2 - countries like indonesia, wanted independence from Holland, colonial imperialism is the opposite of self determination, UKRAINE - like to restore their self determination from invasion of Russia 

• Hong Kong wants self determination 

• Began with the 1776 US Declaration of Independence

  Current recognition 

• Article 1 of the Charter of the United Nations (1945)

• Article 1 of the International Covenant of Economic, Social and Cultural Rights

• Article 1 of the International Covenant on Civil and Political Rights 1966

• UN Declaration of the Rights of Indigenous Peoples

Environmental rights

Importance

• Right of future generations to enjoy the same level of environmental quality

  Developing recognition 

• No universal recognition of this right

• Stockholm Declaration 1972

• Kyoto Protocol 1997

• Paris Agreement 2015 195 Signatories and 147 Parties. Only 55 parties to be entered into force. The USA, Syria and Nicaragua are not parties to the agreement.

  Current recognition

• Paris Agreement 2015 195 Signatories and 147 Parties. Only 55 parties to be entered into force. The USA, Syria and Nicaragua are not parties to the agreement.

• Australia is the 13th highest overall pollution contributor

Peace Rights

Importance 

• The right of people to have their government free from war, collective right

  Developing recognition 

• UN Charter 1945 – made peace the primary purpose of the UN in Article 1 “peace and security” 

• UN Declaration on the Rights of People to Peace 1984

• UN Human Rights Council – drafting UN Declaration on the Right to Peace

• Article 51 of the UN Charter – countries have the right to defend themselves against attack and to restore/maintain peace if necessary (issue of Iraq in 2003)

  Current recognition/issues 

• Ineffective as war has not been eliminated

• Vietnam War 1959-75

• Iraq War 2003

• Article 51 of the UN Charter – countries have the right to defend themselves against attack and to restore/maintain peace if necessary (issue of Iraq in 2003)

International Bill of Human Rights

1:  Universal Declaration of Human Rights (1948) 

2: International Covenant on Civil and Political Rights (1966)

3: International Covenant on Economic, Social and Cultural Rights (1966)

Universal Declaration of Human RIghts (UDHR) 

• Foundation of HR laws → Aspirational statement rather than a treaty → inspired the formation of over 200 treaties, conventions and declarations 

• Adopted by the General Assembly in 1948 - “The UDHR specifies minimal conditions of a dignified life.” SETS STANDARDS 

• UDHR contributed to other HR docs such as ICCPR etc, contributed to Geneva 

  • These treaties have allowed HR to be enforceable once the treaty is signed and ratified

  • The Convention on the Rights of the Child (1989)

  • The Declaration on the Rights of Indigenous Peoples (2006)

  • Become a part of international customary law (accepted by the international community)

International Covenant on Civil and Political RIghts (ICCPR) 

• The civil and political rights are those rights that serve as a protection of the individuals from government power. - protecting from the overarching control of the government (first 15 articles will be don'ts) 

• Adopted by the UN General Assembly in 1966 - considered 1st generation rights 

• For those countries signed and ratified - monitored every 5 years by Human RIghts Committee, looks at compliance 

  • Australia - indigenous people quality of life, asylum seekers 

  • Toonen v Australia (1994) 

    • An example of how human rights breaches can be heard by the UNHRC and a recommendation made. This recommendation was refused by the Tasmanian government. 

    • The Federal Government passed the Human Rights (Sexual Conduct) Act 1994 to override State legislation. A later case of Croome v Tasmania saw the HCA repeal Tasmanian laws as they contradicted the new legislation.

International Covenant on Economic, Social and Cultural Rights (ICESCR) 

• 2nd gen - Economic Rights deal with the sphere of human beings working, producing and servicing, Social Rights deal with standard of living and quality of life for all persons, including those not participating in economic activities, Cultural Rights deal with the cultural sphere of life including ethnic culture, subcultures, arts and science.

  • Important as it obliges governments to provide things for their citizens e.g housing, work, culture, family

• Adopted by the UN General Assembly in 1966

• Creates an obligation on member states to work towards economic, social and cultural rights of individuals 

State sovereignty 

• Recognises a “nation states independence from and legal permeability in relation to foreign powers” (Montevideo Convention 1933)

• Can create their own laws

• Promote combo combo of treaties

  • UDH, CCPR, Geneva, Chemical weapons,NPT

  • Geneva Convention of 1949 - Most signed convention of the world by 196 countries, establishing humanitarian treatment in war 

• however also allows a state to use its sovereignty to create laws that breach human rights / Head of states to hide behind their sovereign rights 

• Libya 2011 → Libya 2011, 233 people killed by President Gadaffi 

  • Libya enforced, Syria not enforced (UNSC) 

• The conflicts between President Assad and rebel groups in Syria saw 306000 civilian casualties over 10 years, 

  • 2009 Asaad no security forces can be prosecuted - new law passed → Allowing him and his forces acting with impunity

  • UN attempted to provide aid faced “constraints at every turn” (The Guardian 2016), President Assad was capable of dictating the level of UN aid entering Syria

United Nations

• UDHR - 30 Articles, minimum requirements to live a dignified life  

  • Foundation document, inspired the formation of over 200 treaties, conventions and declarations

  • All to uphold human rights, e.g. Geneva Convention 1949, isn't a treaty that isn't through the UN 

• Human Rights council v committee v watch   

  • HRC - hear complaints and investigate matters with 47 members 

  • Toonen v Australia (1994) 

    • An example of how human rights breaches can be heard by the UNHRC and a recommendation made. This recommendation was refused by the Tasmanian government. 

    • The Federal Government passed the Human Rights (Sexual Conduct) Act 1994 to override State legislation. A later case of Croome v Tasmania saw the HCA repeal Tasmanian laws as they contradicted the new legislation.

  • Broad operations of the UN and Human Rights

• Outdated nature of the voting system →Russia v Ukraine, which has resulted in 8000 casualties and 13000 injured (OHCHR). 

  • Russia has utilised its veto power, leaves the UN (powerless) in many global conflicts, and thus can be unsuccessful

IGOs

• UN - Largest IGO 

  • 193 general assembly UDHR sets standards 

  • Human Rights Council, 47 member states investigate breaches of HR 

• Human rights council 

  • The Human Rights Council is an inter-governmental body (IGO) within the United Nations structure, with a membership consisting of 47 elected states. The Council is responsible for strengthening the promotion and protection of human rights around the globe. 

  • Main purpose is to promote and protect human rights 

  • Investigates violations

• NATO 

  • The involvement of NATO (North Atlantic Treaty Organisation) while killing Gadaffi, unintentionally “killed at least 72 civilians, one-third of them children under age 18” (Human Rights Watch 2012) as a result of air strikes, despite enforcing a no-fly zone under Operation Unified Protector to protect civilians.

Courts & Tribunals

• Courts 

  • ICJ - Occupied wall in Palestine HR, Legality of the Occupied Wall in Palestine, ENVIRONMENTAL RIGHTS????

  • ICC WO PARA - Remember ICC is not a UN court 

    • Aims to prosecute int. Crimes, undermined by lack of jurisdiction 

    • Treaty of the Rome Statute 1998 → overcome the Ad-hoc nature of tribunals as a permanent court, and hold perpetrators accountable to breaches of IHL

      • Representing the jus cogens (international law followed by all parties) nature of the IHL, with a symbolic deterrence against heads of state acting with impunity.

      • Prosecutes 4 crimes being genocide, war crimes, crimes against the international community and crimes against humanity.

• Tribunals 

  • ICTY - International Criminal Tribunal for the Former Yugoslavia

    • Enforcing prosecution of war crimes, and promoting peace

    • Established as the first Intrastate tribunal under UNSC Resolution 827 (1993), the ICTY aimed to prosecute perpetrators of serious violations of IHL committed in the 1991-1995, achieving 90 convictions

    • Milosevic (2001), where the Serbian President was convicted of war crimes and crimes against humanity, establishing the modern doctrine of superior responsibility, and removing the ability for leaders to act with impunity. 

    • Open Society Foundation, Imperfect Justice, 2010, stating “the ICTY accomplished something greater: it delivered justice”

    • ICTY’s failure to prevent the Srebrenica massacre of July 1995 – where over 8,000 Bosnian men and boys were slaughtered – demonstrates a struggle to resolve conflicts, and thus achieve world order.

NGOs

• Human Rights Watch 

  • Established 1978 

  • Investigates and lobbies govs on HR abuses around the world 

  • Yearly report – world report 2021 and social media p;ateforms can promote protection of HR OR in wpw2 used media “tweet of the week” to highlight and promote human rights abuses 

  • HRW raised alarm in Libya pressure for the R2P legal response along with 150 other NGOS 

  • Libya 2011, the use of R2P was initially seen as effective in response to the Arab Spring Uprising, as “500-700 civilians were killed over several weeks.” (GCFTR2P 2022) 

    • The involvement of NATO (North Atlantic Treaty Organisation) while killing Gadaffi, unintentionally “killed at least 72 civilians, one-third of them children under age 18” (Human Rights Watch 2012) as a result of air strikes, despite enforcing a no-fly zone under Operation Unified Protector to protect civilians. 

  • R2P has not been used since 2011 and will “sit on the annual agenda of the UN General Assembly” (Lowy institute 2021) 

  • True aim of R2P was to ensure that civilians have a fundamental right to be protected, however R2P ultimately failed at doing so with the killing of civilians, proving that despite amending SS to attempt to force compliance, state sovereignty relies on the cooperation of states in order to promote WO successfully

• ICRC - RED CROSS AND MEDIA WO PARA 

  • Provide aid to civilians in Syria 

• ICAN - NUCLEAR WEAPONS PARA 

  • Nuclear weapons - impedes on all rights (peace rights, rights to work, environmental rights)

The media & ICRC

The Media 

• Raises awareness of when HR are breached - works in conjunction with NGOs

• Enviro rights - Sea Shepherd 

• Peace rights, right to live and receive medical treatment as a basic human right  - ICRC and Syria 

• Sea shepherd 

  • Japan - Commercial whaling was banned by the International Whaling Commission in 1986, though whaling has continued 

  • ‘Whale wars’ animal planet and sea shepherd conservation society working together→ “A discovery channel crew followed the 2007-08 campaign through icy antarctic waters and filmed multiple clashes between activists and whalers…The Japanese fell nearly 500 whales short of the seasons quota because of its efforts claim Sea Shepherd” 

    • SS → A non profit organisation that defends, conserves and protects the world's oceans 

    • Founder Paul Watson - “The most powerful weapon in the world is the camera” 

  • Brought attention → Australia took Japan to ICJ 

  • Demand for resources - Major powers will prioritise the economy, “Trade deals take priority over conservation law” (Guardian 2017) 

  • Ongoing Japan whaling → Sea Shepherd “can no longer frustrate Japan’s whalers because their boats now carry hardware supplied from military sources” (Guardian 2017) 

• ICRC 

  • Established under the Geneva Convention 1949 and under the UN charter 1945 (Article 71), 

    • Is able to argue for reforms in the international community with the help of the media to raise awareness on breaches of IHL, which was seen with the establishment of resolution 2449 which provided the ICRC with humanitarian access across borders, 

  • The ICRC and media were seen to effectively promote change with Thunderclaps social media campaign #Letusthrough which received 38.5 million views globally. 

    • As a result, President Assad was pressured into allowing the ICRC to deliver 465 food parcels to the Yarmouk refugee camp in 2012

The incorporation of human rights into domestic law

• Process of HR becoming law in Australia 

  • Sign treaties (agree with)

  • Ratify treaties (signally to the world that we intend to make laws about the treaty)

However, Australia is a dualist nation, therefore we need to ENACT domestic legislation to create laws to protect HR → Bill making process in parliament (First reading, second reading)

The Constitution

• The Constitution has TWO important roles in protecting human rights for Australians

  • It lays down a system of Aust gov through which human rights are recognised, including division and separation of powers and role of the High Court.

  • It is the source of some specific human rights including express and implied rights

• Expressed rights 

  • EXPRESS rights are clearly written in the Constitution:

  • s80  The right to trial by jury (serious federal offences)

  • S116 Freedom of religion

  • S75 Right to court review of government decisions[ immigration]

  • S117 No discrimination based on your State

  • S51 The right to acquisition of property on just terms

  • S24 The right to vote 

• IMPLIED RIGHTS this is the HIGH COURT interpreting the Constitution. It has used this power through cases to recognise rights that have not been explicitly stated in the Constitution; these are IMPLIED rights.

  • Freedom of political speech Lange v ABC 

  • Implied right to a fair trial through having legal representation Dietrich v Queen

Division of Powers

Division of powers 

• The division of powers divides the powers of the Commonwealth (Cth) and States. Some powers are given to the Cth and some powers are given to the states and some are shared.  

  • Multi Question says NSW and Commonwealth govt = division of powers

• Who makes laws (DIV-ERC) 

  • Exclusive powers of the commonwealth government (S90 customs, S114 military forces, S115 currency) 

  • Residual powers of the state government (Transport, Education, Local Government)

  • Concurrent powers held by both state and commonwealth (Insurance, Banking, S51 powers) 

• How does the division of powers protect HR 

  • The division of powers ensures that power is not too centralised as power is divided between the Cth and States. 

  • States can create laws to uphold HR for their own people e.g Education Act 1990 (NSW).  

  • The Commonwealth gov (External Affairs powers) can enter into international treaties (e.g. CROC, ICCPR) 

  • It ensures through s109 the federal government can overrule unconstitutional state laws (e.g. NT Euthanasia Laws and ACT same sex marriage laws) Through s109 Federal laws prevail and this creates consistency thus protects human rights

  • However, Cth powers are expanding due to external affairs powers which restricts the powers of the State. 

    • Treaties can be signed but not ratified or enacted (create laws) 

    • DOP = Where are laws made (Cth or State)

    • Greater power to one body goes against rule of law 

    • Commonwealth can fail to create laws due to the parliamentary process 

Separation of powers

Separation of powers 

• Difference: Division of Powers shows how POWER is DIVIDED between the STATE and COMMONWEALTH jurisdictions

• Separation of powers shows how we SEPARATE our legal institutions (LEJ) so that no one body has absolute power.

  • Theme and Challenge: the relationship between different legal institutions and jurisdictions.

• Legislature – power of PARLIAMENT to make statute laws 

• Executive- power  of INDIVIDUALS to  put laws in action eg. Governor General, PM and the Cabinet , police  

• Judiciary- power of JUDGES to make common law and interpret/apply statute law. 

  • These legal institutions /LAW Making BODIES Are SEPARATE.

• How does this protect HR → Each one keeps a CHECK on each other so no one abuses their power 

  • For example the legislature may create laws however, must prove that it is constitutionally valid for them to create laws thus restricting their power.

  • The legislature (parliament) can create new laws that reflect society thus protecting HR e.g Anti slavery laws -  Criminal Code Act 1995 (Cth). 

    • However the legislature can also create laws that restrict human rights e.g Anti Terrorism laws including preventative detention laws (Mohommad Haneef) 

  • The separation of powers creates the HCA ,which can enforce human rights and create binding precedent on all Australian courts thus protecting HR e.g R v Wei Tang 2008 (defined slavery) or Mabo decision. The HCA can also strike down laws created by parliament that are unconstitutional.While the HCA can create binding precedent this requires access and few cases reach the HCA in Australia. (only 6% apply to HCA are heard)

• Limitations

  • The EXECUTIVE is supposed to be separate and independent from other branches BUT in Federal Parliament there is the PM and Ministers are part of the Executive and the Legislature thus Australia 

  • do not truly have a separation of powers as the PM is in both the Legislature and Executive

Statute law

Statute law 

• The most effective means of protecting human rights under the Australian legal system is statute law Most rights are covered by statutes. Statute law can be enforced by courts. 

  • Statute law is law passed by parliament “an Act” It is the MAIN WAY HR are protected in Australia.

• Human rights laws from statute law

  • Commonwealth: 

    • Australian Human Rights Commission Act 1986 

    • Racial Discrimination Act 1975 

    • Sex Discrimination Act 1984 

    • Disability Discrimination Act 1992

    • Age Discrimination Act 2004 

    • Fair Work Act 2009 (Cth) 

    • Criminal Code Act 1995 (Cth)  

  • NSW 

    • Anti Discrimination Act 1977

    • NSW Children and Young Persons (Care and Protection) Act - rights of the child 

    • VIctim’s Rights Act 1996 - victims rights 

    • Education Act 1990 (NSW) 

• Steps 

  • As new Hr treaties are created, new statute laws can be passed to make our international obligations part of domestic law 

  • If Australians feel that their rights are been taken away by statute law , the govt can be voted out

  •  new laws can be created to protect HR e.g FW Protecting Vulnerable Workers 2017 (Cth)

• Limitations 

  • The govt can remove rights by amending (changing) Acts in parliament. Therefore, rights are not fully protected by common or statute law – the constitution gives the best protection of rights because can only be changed through a referendum.

  • The government can create laws that go against human rights due to state sovereignty. E.g Terrorism Laws

  • the number and complexity of statute laws protecting our rights are too difficult for most Australians to find out or understand[our rights are not very accessible] e.g Brodie Panlock bullied at work 

• Examples of statute law that takes away human rights: 

  • Mandatory sentencing - undermines the rule of law 

  • Right to silence 

  • Consorting laws

  • Terrorism laws (see page 54) 

  • Preventative detention, post sentencing continued detention 

  • Bail (show cause offences) 

  • Fair Work Act (limited right to strike)

Common law

• Judges protect our rights when hearing case by case and setting a precedent. 

  • The precedent is binding on all lower courts 

  • However, common law is very slow/ incremental to implement.

  • Also, statute law can be created that overrides common law. 

• Human rights laws that come from common law: 

  • Presumption of innocence (Woolmington v DPP 1935) 

  • Right to legal representation (Dietrich v The Queen 1922) 

  • Right to procedural fairness (appeal after conviction of a Criminal Offence) HCA Mallard v R [2005] HCA 68 

  • Right to a speedy trial - relates to rights to a fair trial as established in the constitution 

• Positives

  • Judges are not elected and are therefore less likely to cave in to public pressure

  • High Court is able to interpret the Constitution thus protect HR

• Limitations 

  • Effectiveness → not very– statute law overrides common law. E.g. R v Wei Tang decision was overridden by the Criminal Code Act 2013 Amendment  

  • unless there is a case the courts can’t get involved at all and the HCA has limited access

  • Courts still have to follow the doctrine of precedent so current decisions must be consistent with previous cases

  • Although there are common law protections these can be overridden by statute law which can undermine human rights. E.g the common law principle of 

    • The right to not incriminate yourself

    • Has been limited by the NSW evidence of silence reforms.

Charter of rights

• A charter of rights is a document which sets out the basic rights to which every human should be entitled. 

  • Controversial issue, in 2009 National Human Rights Consultation Committee recommended the Federal govt introduce a Federal Human Rights Act enshrining human rights in Australian legislation. The Australian government in 2010 said such legislation would not be introduced.

• Australia is the only western democracy without a Charter or Bill of Human Rights. 

• All countries with legal and political systems similar to Australia have a Bill or Charter of Human Rights. For example, Canada, the United States and South Africa all have a Bill of Rights in their Constitutions and the United Kingdom and New Zealand have Human Rights Acts. 

  • Lots of other countries also have Bills or Charters of Human Rights, including: India, Brazil, Hong Kong, Kazakhstan, Iraq, East Timor, Turkey and Argentina.

• What type of charter of rights 

  • A Constitutional Charter of Rights - however requires a referendum 

  • A Statutory Charter of Rights - can be passed by parliament

• Arguments for

  • Centralise HR: HR are scattered throughout statutes, common law and the Constitution. 

  • We do have problems with human rights  - asylum seekers, mandatory detention , as well as the issue of the homeless where people can’t access their rights. 

  • It would make Australia’s standards on human rights clearer and promote recognition of hr, morally right

  • Improve our international reputation, UN Human Rights Council 2011 recommends we have one, also we are the only western democracy without a Charter of Rights

  • A charter of right would give people the right to ENFORCE their rights in Court

  • If we change our minds, the C of R (statutory) can be repealed or amended to add, remove or clarify the rights that are included in the list as it is a statute law

• Arguments against

  • A C of R does not necessarily ensure HR are better protected e.g. Zimbabwe has one and that hasn’t stopped the HR abuses.

  • Judges would be making decisions, they are not elected, more power would be transferred to them, would be required to make policy decisions on economic, social and cultural issue

  • Making a list of rights could limit our rights to whatever is on the list

  • C of R could clog up our Court system[amount of litigations] could clog up the system.

  • Charter rejected, govt bought in Human rights Framework and every bill introduced into parliament in 2012 has to have a statement of compatibility[ does the Bill break any international hr agreement] 

What is human trafficking and modern slavery

• Human trafficking is the recruitment transportation and harbouring of a person for the purpose of exploitation (some form of slavery) 

  • About 50m people are enslaved globally (global slavery index) 

  • Profit of $150b for organised crime each year 

  • Retail value of transnational crime: $150.2b 

• Modern slavery: Slavery (25 yrs), servitude (15/20 yrs), forced labour (9/12 yrs), forced marriage (7/9 yrs)

Treaties for Human Trafficking

• Palermo Protocol 2000 (Update from booklet) → Palermo Protocol (2000) (Trafficking in Persons Protocol to the UN Convention against Transnational Organised Crime 2000)

  • UN protocol to prevent, suppress and punish trafficking in persons is the world's primary legal instrument to combat human trafficking 

  • Positives - First agreed definition of ‘human trafficking’, 181 states parties (Australia in 2005), Article 5 obliges state parties to criminalise human trafficking, Recognises that HT cannot be solved by one government. 

  • Negatives - Sovereignty permits states to: choose not to ratify Palermo (e.g. Iran, Somalia, Papua New Guinea) or not pass domestic legislation to give effect to obligations (at least 39 nations have not criminalised human trafficking domestically), no explicit protection from prosecution for the victim regarding the crimes they may have committed e.g prostitution, Article 7 only requires State Parties to consider providing temporary or permanent residence for victims. 

• May 2021 Datajam competition - U

INTERPOL for Human Trafficking

• International police organisation that works on information sharing, shares it around the world but dont have the ability to go into a country and make arrests 

• Will tip off another country and the its the country’s responsibility to seek out arrests

• Information sharing and capacity building among police forces worldwide

• The INTERPOL Human Trafficking Expert Group shares specific, case-related intelligence on threats, trends, routes and modus operandi, leading to concrete police action such as: 

  • Operation Global Chain in 2023

• Operation Weka II in 2022, which rescued nearly 700 HT victims across 44 countries

• Can also work with INTERPOL → Arrest in March 2023 multiple child abuse offences, INTERPOL alerted AFP in 2018, AFP used new technology providing a breakthrough in pinpointing location (AFP 2023) 

• Positives 

  • Facilitates cooperation, information sharing and capacity-building among police forces worldwide

  • Successful coordination of human trafficking operations: 

    • Operation Global Chain

    • Operation Weka II 

• Limitations 

  • According to the global slavery index: Estimated 50m people still in modern slavery

  • In 2022, INTERPOL operated on a budget of 160 million Euros (USD 178 million)

  • Compare this to the New York City Police department’s 2022 budget of USD 10.8 billion.

A21 NGO for Human Trafficking

• Works worldwide with other partners to fight human trafficking 

• 19 locations in 14 countries since 2008 

• Created a movie called ‘Can you see me’ → About helping people in different countries, slightly different in each country, help people identify what it looks like - received notable awards 

• 2020 - 26 minors and 3 infants were identified as victims of human trafficking due to placement of human resources, also used posters

Media for Human Trafficking

• #bringbackourgirls - 276 girls abducted from school in nigeria, terrorist group threatened to traffick, as a result social media campaign started, used more than 1 million times, michelle obama was a part of it, years later 78 girls rescued (however still 50m people enslaved in the world today, global slavery index) 

• ‘Amnesty International estimates that over 2000 girls have been abducted by Boko Haram since the beginning of 2014, with many forced into sexual slavery. #bringbackourgirls did pressure Nigerian government however, 62 girls were rescued in May 2017 - Media Australia and Walkfree Foundation pressured gov for law reform

Domestic legal measures for Human Trafficking

• Legislation (E.g. Criminal Code Act 1995 (Cth)) 

• (Crime Para) → Dom - Transnational (Australian Federal Police - AFP) 

  • Ensuring punishment of crime, limited by funding and enforceability 

  • Australian Federal Police Act 1979 - Major instrument of Commonwealth law enforcement 

    • Mutual Assistance in Criminal Matters Act 1987 → Work with sovereign states to investigate transnational crimes 

  • Can also work with INTERPOL → Arrest in March 2023 multiple child abuse offences, INTERPOL alerted AFP in 2018, AFP used new technology providing a breakthrough in pinpointing location (AFP 2023) 

  • Issues relating to enforceability 

    • However, AUS spends $4.7b annually on tracking of drugs (SMH The Cost 2009), yet undermined by technological advancements, with China’s synthetic drugs bypassing Aus legislation at a rate of 1 a week (SMH Drug Analogues 2013), UNODC estimates the annual turnover for organised crime at $870 billion

Domestic non-legal measures for Human Trafficking

• Red Cross Australia → Very significant in regards to HTS as they work with the AFP

• E.g. Break into a brothel → Girls will not have anywhere to go and proper health, will get in touch with ARC 

• Since 2004, the ARC has administered the ‘Support for Trafficked People Program’ (STPP) to provide services for people who have been trafficked, including, intended to be a VICTIM-CENTRED APPROACH with individualised case management and support 

  • Support has been provided to 624 survivors since 2004 

  • Case management support, counselling, accommodation, medical treatment, referral to legal and migration advice 

  • 4 steps: Assessment and intensive support, extended intensive support (only to children, forced marriage, vulnerable clients), justice support, transition

  • Referral to the program is through AFP, which represents a barrier: Survivors who are too afraid or unable to engage with law enforcement will not get access to the program.

  • Ongoing support is contingent on cooperation with the AFP → long-term support remains conditional upon willingness to participate in the criminal justice system.  

    • This conditional support has been described as disempowering and counterproductive to healing

    • The STPP has been criticised for taking a crime-centred approach, rather than prioritising the human rights abuses suffered by victims. Why should support for human rights violations be contingent on being a witness? 

  • "It's Just about the Crime, Not the Victim” Current Issues in Criminal Justice (2018)