As a relatively new crime type, information and knowledge about trafficking in persons is still emerging. The AIC first examined the issue in 1999 as part of the United Nations Global Programme against Trafficking in Persons. At that time, there was no agreed international definition of 'trafficking in persons', as the United Nations Trafficking Protocol was still in the early stages of development. Few countries had laws that addressed the issue. Debates centred on the key differences between people smuggling and trafficking, and controversies surrounding issues such as 'mail order brides' and migration for sex work. It was generally agreed that as a crime type, trafficking in persons was a difficult issue to research, as the practice itself is clandestine and victims remain hidden.
In the intervening period, much has changed. In 2008, more than 117 countries, including Australia, have ratified the United Nations Trafficking Protocol. These countries have agreed to a shared definition of trafficking in persons and a set of core obligations. In the Australian context, there is now a variety of criminal offences under federal law, ranging from debt bondage – which attracts a penalty of less than 12 months imprisonment – to slavery, punishable by 25 years in jail. The Australian Federal Police have undertaken more than 150 investigations related to trafficking in persons, and the federal government has provided support to 98 people on its Support for Victims of Trafficking program.
While there has been substantial change, some things remain the same. Key debates still coalesce around issues including the realities of transnational migration for work, the difficulties of defining (and proving) key concepts such as exploitation and sexual violence, and the challenges of giving due respect to the agency of individuals in situations where choice is heavily constrained.
While the pool of primary data that can be drawn on for research has grown, research on trafficking in persons still has challenges. The anti-trafficking response is relatively new, so the number of cases that have been identified and that are available for study is still fairly small. It can be difficult or even impossible to de-identify information or draw trends from such a small sample. Also, the bulk of the information available is drawn from cases that have come to the attention of the authorities. As with any crime type, it is likely that there are a number of structural or institutional biases that can impact on what is and what is not detected. As is the case with sexual assault or domestic violence, it is very likely that official statistics present only part of a larger, more complex picture. Finally, in a context where 'exploitation' is a key component of the crime type, individual and institutional political perspectives have a profound impact on selection, presentation and interpretation of information.
This report is not intended to give an overview of the trafficking situation in Australia. Rather, it is intended to give some insight into the issues, barriers or challenges that have arisen in known trafficking cases to date, either in relation to victim detention, or the investigation and prosecution of offenders. The research sought to move beyond people's assumptions about what these barriers might be, and to draw on the learned experience of the small number of individuals who have worked directly with victims or offenders in the Australian context. This included victim support workers, investigators and prosecutors. All of the information in this report is drawn from interviews with these people.
The research did not include interviews with one particularly important group of people: victims of trafficking. This is an important gap in the research that will need to be carefully considered in future, so that legitimate concerns about individual privacy and security, and ethics in research, can be balanced against the real need to ensure that those who are most affected by this crime and the response – victims of trafficking – have an opportunity to contribute to the development of knowledge on this issue.
Judy Putt
General Manager, Research
Australian Institute of Criminology