As a criminal activity and a relatively new crime type, information and knowledge about the nature and extent of trafficking in persons to and within Australia is still emerging. There has been considerable debate over the past decade about the extent of trafficking in Australia, at least insofar as this involves trafficking of women for the purposes of sexual exploitation. For example, in 2003–04, the Parliamentary Joint Committee (PJC) on the Australian Crime Commission held an inquiry into trafficking in women for sexual servitude. The committee heard evidence that the Australian sex worker projects and organisations, represented by Scarlet Alliance, collectively had contact with fewer than ten women working in the sex industry in the past year who had been 'deceptively recruited'. This included women who had not consented to working in the sex industry or to the conditions of their contracts. Scarlet Alliance also noted having contact with workers who have been 'sold' on to another 'shop' upon entering Australia, with a corresponding increase in their contract price against their will (Scarlet Alliance 2003: 9).
The PJC also heard evidence that Project Respect, a non-governmental organisation (NGO) with a specific focus on the issue of trafficking in women for the purposes of prostitution, estimated there are up to 1,000 women in Australia under contract at any one time. This estimate referred to women who were still paying off a 'debt' and did not include women who have finished their 'debt' but remained in Australia. The estimate was based on a range of sources, including estimates made by police who had worked on recent operations, an estimate made by a respected journalist, statistics from the Refugee Review Tribunal, immigration removal statistics, sex industry estimates, observations in brothels and other sources (Project Respect 2003: 3).
The PJC also heard evidence about the problems inherent in many attempts to quantify the trafficking problem. For example, Dr Anne Gallagher gave evidence that:
There is very little quality trend evidence available and almost no cross-referencing or external verification of data … Rather than acknowledging or confronting these inadequacies, much contemporary trafficking research unquestionably accepts and promulgates unverified data (PJC 2004: 20).
Having noted these and other issues, the PJC noted that the extent of trafficking in women to Australia for the purposes of sexual servitude was difficult to establish (PJC 2004: 22). It considered that this uncertainty underscored the important role of the Australian Crime Commission (ACC) in relation to intelligence gathering and analysis in order to inform the Australian Government's response. In December 2003, the ACC Board authorised a special intelligence operation to gather intelligence on 'people trafficked for sexual exploitation' (PJC 2005: 2). This resulted in dissemination of several intelligence products to government stakeholders (ACC 2006: 52).
During the course of the PJC's inquiry, the Australian Government launched its Action Plan to Eradicate Trafficking in Persons. The action plan includes the statement that '[t]he number of people trafficking into Australia is estimated to be well below 100' (Australian Government 2004: 2). The action plan also noted that the ACC, in consultation with other federal government agencies, was at that point in time in the process of gathering intelligence on the trafficking of women (Australian Government 2004: 2).
These debates and discussions took place in the very early days of the Australian Government's response to trafficking. The response has grown considerably since that time. As a result, some additional information is available that reflects the first few years of the Australian Government's response to trafficking.
In summary, most trafficking cases that have come to official attention in Australia have involved trafficking of women into Australia for the purposes of sexual exploitation. Women from South-East Asia, and in particular Thailand, feature heavily in official statistics. Key statistics from federal government agencies include the following:
- Between 1999 and 31 December 2007, the Department of Immigration and Citizenship (DIAC) referred 221 matters (relating to 208 people) about trafficking in persons to the Australian Federal Police (AFP). 196 of these referrals (relating to 174 persons) related specifically to the sex industry. As the threshold for referral is low, not all 'matters' referred result in an investigation but may instead feed into overall intelligence gathering processes.
- From January 2004 to 29 February 2008, the Transnational Sexual Exploitation and Trafficking Teams (TSETT) within the AFP had undertaken over 150 investigations and assessments of allegations of trafficking-related offences. The majority involved suspected victims of trafficking who are female and allegations of sexual servitude.
- From 20 May 2004 to 31 January 2008, 88 victims of trafficking (87 of whom were women) had been provided with assistance through the government's victim support program. This includes 62 Thai nationals.
- As at 30 January 2008, the CDPP had received 29 briefs of evidence from the AFP concerning trafficking offences involving 29 defendants. In relation to 28 of these defendants, the alleged victims were women who had allegedly been subjected to exploitation either in the sex industry (26 defendants) or in a domestic setting (two defendants).
These statistics should be interpreted with caution; while they present information about the level of government activity on trafficking in persons in Australia, they provide limited insight into the incidence of trafficking in Australia. Arguably, these statistics should not be interpreted as providing insight into the 'full picture' or nature of trafficking in persons in Australia. The United Nations definition of trafficking in persons covers men, women and children. It also covers trafficking for various types of exploitation, including:
... the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs (United Nations Trafficking Protocol, Article 3).
The specific (and limited) issue of trafficking in women for the purposes of sexual exploitation has attracted much popular attention, both nationally and internationally. While Australian anti-trafficking laws cover all forms of trafficking in persons, it is nonetheless reasonable to expect that popular perceptions will increase awareness, visibility and focus on particular forms of trafficking. As awareness about other forms of trafficking grows, it is very likely the statistics will reflect a broader cross-section of cases.
While available statistics need cautious interpretation, there is no doubt that trafficking of women for the purposes of sexual exploitation has occurred in Australia. As at 31 January 2008, seven defendants had been sentenced for offences related to slavery and conducting a business involving the sexual servitude of others in Australia (this includes the defendants 'DS', Sieders, Yotchomchin, Z Kovacs, M Kovacs, Tanuchit and McIvor).