New permanent visas still do not fully protect trafficking victims

19 June 2009, 05:10PM

Changes to the Support for Victims of People Trafficking and the People Trafficking Visa Framework, to come into effect on 1 July, will be an important step towards the comprehensive protection of the human rights of victims of trafficking, in particular women trafficked into Australia to work in the sex industry. However, they do not go far enough.

Under the revised system, victims of traffickers will be granted a permanent protection visa if they contribute to a criminal investigation. Previously, such people would only be eligible for a two-year temporary protection visa, as long as they made a ‘significant contribution’ to an investigation. In addition, immediate family members of those granted protection visas now will also be eligible for visas. Victims will also now be eligible for government support (such as counseling in case of trauma).

However, we believe the changes are not enough to protect the rights of all trafficking victims. The granting of a Witness Protection (Trafficking) visa will still depend on victims participating in a police investigation against the trafficker. Many victims are not able to assist with investigations, out of fear of violent reprisals against them or their families in their home country.

Under the changed laws, inability to testify will still leave people vulnerable to being returned to their home country, where they may face re-trafficking or other violence at the hands of the trafficking network. Australia will be in breach of its international obligations if it returns someone to a situation that exposes them or their family to personal risk.

Trafficked persons are typically subjected to compound violations of their human rights, including their rights to physical and mental integrity; liberty and security of the person; freedom from slavery, torture and other inhuman or degrading treatment; family life; freedom of movement; privacy; the highest attainable standard of health; and safe and secure housing.

There are no accurate statistics of this global crime, due to its clandestine nature and difficulties in locating and identifying its victims. It is known that most victims of trafficking in Australia are women working in the sex industry.

We believe all trafficked people in need of protection should be eligible for visas regardless of their ability to assist police. It is crucial that the government introduces ‘Complementary Protection’ legislation, which covers people whose safety is at risk but who do not fit the narrow criteria set out in the 1951 Refugee Convention.

The protection of those who have suffered grave violations of their human rights should be at the forefront of the People Trafficking Visa Framework. Governments are obliged to not only prevent, investigate and prosecute trafficking, but to ensure protection to those who have been subjected to it. We urge the government to create a comprehensive protection framework for victims of trafficking.

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