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Laura Vidal

This thesis is submitted in partial fulfillment of the requirements for the Bachelor of Social Work with Honours,

University of New South Wales, March, 2011

ii

I hereby declare that this submission is my own work and to the best of my knowledge

contains no material previously published or written by another person, nor material

which to a substantial extent has been accepted for the award of another degree or diploma

at UNSW or any other educational institution, except where due acknowledgement is

made in the thesis. Any contribution made to the research by others, with whom I have

worked at UNSW or elsewhere, is explicitly acknowledged in this thesis.

I also declare that the intellectual content of this thesis is the product of my own work,

except to the extent that assistance from others in the project’s design and conception or in

style, presentation and linguistic expression is acknowledged.

Laura Vidal

31 March 2011

iii

Abstract

This research examines the current support package offered by Australia to identified

victims of trafficking in persons. It looks specifically, at the link between current victim

support and criminal justice from a human rights perspective.

The primary focus of this research is the nexus between prosecution and protection. The

emphasis is on both capacity and willingness for victims to participate in an

investigation and the impact this has on a victim’s eligibility to access support and

protection. Using a human rights framework this study will draw together pre-existing

literature, practice knowledge and victims perspectives to analyse the impact and

effectiveness of Australia’s response to victims of trafficking in persons. The study will

conclude by putting forward suggestions of policy reform.

In two case studies victims of trafficking have recounted their own experiences of the

support they received from both the Government and Non-Government Organisations.

These accounts have been analyzed using theoretical frameworks, which draw upon

both pre-existing literature and practice knowledge. This study is a qualitative research

study employing a case study research methodology, incorporating principles of action

participatory research. It will draw on anti-oppressive social work and Human Rights

theory.

It should be acknowledged that much of the research that has come before has had an

explicit focus on sex trafficking. This research focuses on trafficking for the purposes of

labour exploitation, an emerging trend in the context of trafficking in persons to

Australia.

The study is preliminary research as part of requirements for the award of Bachelor of

Social Work with Honours. It is small but significant research that will lead to a bigger

project. The study expands on the newly emerging body of research of trafficking for

the purpose of labour exploitation and explores questions that have arisen during my

own practice experience with victims of people trafficking.

iv

Acknowledgements

I would firstly like to acknowledge the participants in this research, who volunteered

their time to share their stories. It is acknowledged that sharing these stories takes great

courage and for that I am grateful. To every person I have worked with, it has been your

struggle for freedom and protection that has inspired and motivated me to take on this

task and advocate for change, many a lesson can be learnt from each and every one of

your journey’s.

To Jenny Stanger your willingness to share your knowledge and experience has proved

to be truly valuable. Thank you for being generous with your time, for believing in my

potential and providing me with the flexibility I have needed to achieve this goal.

To all my other colleagues in the field who have continued to encourage, guide and

support me as I journeyed through this work; thank you.

To Dr. Eileen Pittaway you have been an invaluable source of technical guidance that

has kept me ‘in-check’ and continued to push me.

Finally, to my family. Thank you for your patience, your belief and your support,

without you, achieving this task would not have been possible. To my parents in

particular, I thank you for giving me the strength I needed to continue. Thank you for

bringing me up with a social conscience and the belief that I could do anything I set my

mind to.

v

Freedom is never voluntarily given by the oppressor, it must be demanded by the

oppressed.

-Martin Luther King Jnr

(1929-1968)

vi

Table of Contents

Abstract iii

Acknowledgements iv

Table of Contents vi

Acronyms and Abbreviations viii

Definitions x

Chapter 1-Background 1

1.1 Rationale for Research 1

1.2 Research Questions 2

1.3 Trafficking in Persons and the

Australian Context

3

1.4 Trafficking in Persons for the purpose

of Labour Exploitation

4

1.5 How does Australia Respond to

Trafficking in persons?

6

Chapter 2- Literature Review 11

2.1 Human Rights Theory 11

2.2 Anti-Oppressive Social Work

Practice

16

Chapter 3- Research Methodology 21

3.1 Research Design 21

3.2 Research Questions 22

3.3 Research Sampling 22

3.4 Data Collection Method 25

3.5 Data Analysis 26

3.6 Limitations of the Methodology 26

Chapter 4- Case Studies 27

Case One 27

Case Two 33

vii

Chapter 5- Analysis and Discussion 37

5.1 Evidence of Elements of Trafficking

in Persons

39

5.2 Protection and Assistance 39

5.3 Policy Implications 43

Chapter 6- Recommendations 47

Works Cited 50

Annexure 50

A 56

B 57

C 58

D 61

viii

Acronyms and Abbreviations

AASW The Australian Association of Social Work

AFP The Australian Federal Police

AIC Australian Institute of Criminology

CJSV Criminal Justice Stay Visa

DIAC The Department of Immigration and

Citizenship

IDC Anti-Trafficking Interdepartmental Committee

ILO International Labour Office

OFW The Office for Women

PAR Participatory Action Research

PTSD Post Traumatic Stress Disorder

The Action Plan (2004) The Australian Government Action Plan to

Eradicate Trafficking in Persons (2004)

TVPA Trafficking in Victims Protection Act, United

States, (2000)

UN Declaration (1948) The United Nations Declaration of Human

Rights (1948)

UN Protocol (2000) United Nations Protocol to Prevent, Suppress

ix

and Punish Trafficking in Persons, Especially

Women and Children: Supplement to United

Nations Convention Against Transnational

Organised Crime (2000)

WPTV Witness Protection Trafficking Visa

x

Definitions

Several different and at times conflicting definitions of trafficking and related activities

are found in the literature in this field of study. Below find the definitions of terms as

used in this thesis:

Exploitation

Exploitation of one person (the victim) by another person (the exploiter), occurs if:

(a) the exploiter’s conduct causes the victim to enter into slavery, forced labour or

sexual servitude; or

(b) the exploiters conducts causes an organ of the victim to be removed and:

(i) The removal is contrary to the law of the State or Territory where it is carried

out; or

(ii) Neither the victim nor the victim’s legal guardian consented to the removal

and it does not meet the medical or therapeutic need of the victim. (The Criminal

Code 1995, Division 270, Amendment 2004)

Forced Labour

Work or service exacted from a person under threat or penalty, which includes penal

sanctions and the loss of rights and privileges where the person has not offered

him/herself voluntarily. (Forced Labour Convention, Article 2, 1930)

Labour Trafficking/Exploitation

Forms of trafficking where the intended exploitation involves work or services that is

extracted under menace of penalty and this work or service is undertaken involuntarily

(International Labour Office, 2005 cited in David, 2010, p.7)

Slavery

The condition of a person, whom any or all of the powers attaching to the right of

ownership are exercised, including where such a conditions results from a debt

contract made by the person (The Criminal Code 1995, Division 270)

xi

Trafficking in Persons

The recruitment, transportation, transfer, harboring or receipt of persons, by means of

the threat or use of force or other forms of coercion, of abduction, of fraud, of

deception, of the abuse of power or of a position of vulnerability or the giving or

receiving of payments or benefits to achieve the consent of a person having control over

another person, for the purposes of exploitation. Exploitation shall include, at a

minimum, the exploitation of the prostitution of others or other forms of slavery,

servitude or the removal of organs. (United Nations, Protocol to Prevent, Suppress and

Punish Trafficking in Persons, Especially Women and Children: Supplement to United

Nations Convention Against Transnational Organised Crime, Article 3, 2000)

12

Chapter One Background

1.1 Rationale for the Research

I have been involved in working with victims of Trafficking in persons over the past

two years. During this time I have been engaged in the primary case management of

victims both accommodated within a safe shelter and in the community

I have observed that time after time people were being turned away or frustrated in their

search for protection. I began to recognize and learn of the multiple layers of oppression

that victims often face. My work continually made me question Australia’s response to

victim protection. I found myself asking the question; what happens to those victims

who fall through the gaps?

As part of this questioning I began reading and engaging in a broad range of literature

about victim protection in Australia. I found patterns of opinion that suggested

Australia’s approach to victim protection is unsatisfactory (Gallagher, 2004, Pearson,

2007, Dottridge, 2007, Burn and Simmons, 2009, Seagrave and Milivojevic, 2010).

What was highlighted by both the literature and the opinions of the victims I was

working with was the nexus between victim support and the criminal justice system.

What I hypothesized at this time was an unequal distribution of emphasis placed on

victim support and prosecution of traffickers.

Trafficking in persons is a gross violation of human rights. It is in working with the men

and women who are victims of this crime that I have been inspired and motivated to

engage in this research project.

It should be acknowledged that much of the research that has come before has had an

explicit focus on sex trafficking. This research focuses on trafficking for the purposes of

labour exploitation, an emerging trend in the context of trafficking in persons to

Australia.

13

1.2 Research Questions

The following research questions will be explored to seek answers in the research

project:

1. What problems do victims experience whilst in Australia prior to receiving

support?

2. What current support options are available to victims of Trafficking in Persons?

3. How are support options viewed by victims?

4. Are current support options grounded in a human rights framework?

5. What are alternative ways victims support could be offered in Australia?

6. What is the context of Trafficking in Persons in Australia?

1.3 Trafficking in persons and the Australian Context

The Australian Government considers trafficking in Persons to Australia a relatively

new focus area, with a policy response from the Commonwealth of Australia coming to

fruition in 2004. In the policy’s early stages there was a particular focus placed on

trafficking for the purpose of sexual exploitation. With this as the focus it was reported

that less than 100 women and men are trafficked to Australia each year. (Australian

Government, 2004, p.6).

In present times Australia has begun to learn that Trafficking in Persons is present in

more contexts than the sex industry. Recently, the focus has begun to shift to the

existence of trafficking for the purpose of Labour Exploitation (David, 2010). This idea

will be discussed in further detail in the later stages of this chapter.

Poor standards of living, low education levels and impoverished populations often

characterize the living conditions in the source countries of Trafficking in Persons

“Human traffickers prey on the vulnerable” (US State Department, 2008, p.7)

Traffickers often present opportunities that address individual’s desperation for an

improved way of life. “Their ploys are creative and ruthless, designed to trick coerce

and win the confidence of potential victims. Very often these ruses involve promises of

14

a better life through employment, educational opportunities, or marriage” (US State

Department, 2008, p.2)

Women and men are often presented with opportunities of employment in another

country, but when they arrive in the country of destination they find situations

significantly different to what they had originally consented to. Certainly they may have

consented to the type of work, but not the exploitative conditions. Common experiences

of people Trafficked to Australia include poor working conditions, providing labour

without pay, being forced to live at their workplace, sexual, physical and verbal abuse,

restricted freedom and confiscation of identity and travel documents. (Stanger, Pers.

Comm., 2010) It can be argued that the problem of trafficking in persons is in fact a

symptom of wider systemic problems; comprised largely of all the elements of

globalised poverty, as individuals in impoverished nations continue to search for

opportunities to better their lives.

Australia is unique in terms of its geographical location. This coupled with the

Australian Governments stringent approach to immigration law; makes it difficult for

individuals to enter into Australia illegally. This is compared to other parts of the world

where permeable borders create easier access for illegal movement of persons.

Victims often enter Australia with valid documentation under the promise that they are

going to be offered a fair work opportunity. (Stanger, Pers. Comm., 2010) Pearson

(2007, p.28) states “the majority of trafficked people have tended to enter Australia

legally on tourist, student or work visas, but ended up in situations of exploitation akin

to debt bondage or forced labour”

Australia is widely considered a “destination country for women from South East Asia,

South Korea, Taiwan, The Peoples Republic of China and reportedly Eastern Europe,

trafficked for the purpose of sexual exploitation” (US State Department, 2009, p. 67).

Globally trafficking for the purpose of sexual exploitation is widely reported. The issue

of trafficking women for the purpose of sexual exploitation has led to the development

of international instruments, in particular the first instrument, The United Nations

Convention for the Suppression of the Traffic in Persons and the Exploitation of the

15

Prostitution of Others (1951)

In more recent times, particularly in the last two years, anecdotal evidence suggests that

Australia has a growing rate of trafficking for the purpose of labour exploitation. Fiona

David of The Australian Institute of Criminology (AIC) has recently completed a

preliminary study which calls for greater research into the area of trafficking for the

purposes of labour exploitation (2010) The Australian Government Attorney-General’s

Department is currently going through a consultation process to address their response

to trafficking for the purposes of labour exploitation.

It is however a relatively unexplored area with large numbers of cases going unreported.

The U.S State Department produces an annual report evaluating each countries response

to trafficking in persons, what has been found is that workers from several Pacific

Islands, India, The Peoples Republic of China, South Korea, The Philippines and

Ireland are “fraudulently recruited to work temporarily in Australia but subsequently

subjected to conditions of forced labour including confiscation of travel documents,

confinement and threats of serious harm” (US State Department, 2009, p.67)

1.4 Trafficking for the purpose of Labour Exploitation

David’s report (2010) as alluded to earlier focuses attention on the issue of labour

trafficking in Australia. In this report it is identified that:

“There is a need to build more information about the known or likely incidence

of trafficking in persons that occurs in contexts beyond the sex industry, whether

this occurs in the agricultural, cleaning, hospitality, construction and

manufacturing industries or in less formal sectors such as domestic work and

home help” (p.x)

David (2010) and Seagrave (2008) share the opinion that until recently the inherent

focus of Australia’s policy response has been on the commercial sex industry, of late

there have been “references made to trafficking in persons as a practice that may

manifest in a range of industries, attention had been focused on trafficking of women

into the sex industry”(Seagrave, 2008, p.322) “The challenges involved in

16

understanding and responding to different forms of trafficking in persons, specifically

where the exploitation takes place in industries other than the commercial sex industry,

remains relatively unexplored” (David, 2010, p.ix)

Both David (2010) and the ILO acknowledge that there is a distinct grey area around the

practical situations and legal concepts regarding labour trafficking. Nonetheless there is

still significant literature and evidence to suggest that labour trafficking and labour

exploitation is an emerging global problem, which does not exclude Australia as a

destination country for such an activity.

Finally, David (2010) highlights that whilst there is no accepted definition of labour

trafficking debates about terminology whilst important “should not be permitted to lead

to inaction” (p.6) and like the research completed by David, this research project in its

reference to labour trafficking “should be understood to refer to situations involving

trafficking in persons (as defined by the UN Trafficking Protocol) and where the

exploitation has occurred in contexts other than the commercial sex industry” (p.6)

Australia is currently ranked as a Tier 11 country, This means that Australia’s current

government “fully complies with the Trafficking in Victims Protection Act’s (TPVA)

Minimum Standards” (US State Department, 2009, p. 67)

The TPVA was introduced in the United States in 2000 and aims to:

1. “Prevent human trafficking overseas

2. Protect victims and help them rebuild their lives in the U.S. with Federal and

state support

3. Prosecute traffickers of persons under stiff Federal penalties” (National Human

Trafficking Resource Centre, 2000, p.1)

The TPVA according to Klaveras and Buckley (2009) “Seeks to combat trafficking by

promoting a policy of "3 Ps": prosecution, protection, and prevention”1The Department places each country in the TIP Report onto one of the three tier lists as mandated by the TPVA. This placement is based more on the extent of government action to combat trafficking that on the size of the problem…Governments that fully comply are placed on Tier 1 (U.S State Department, 2009)

17

the ‘3P’ principle has been adapted internationally as a framework effective for

managing the issue of Trafficking in Persons.

1.5 How does Australia respond to Trafficking in Persons?

The Australian Governments Action Plan to Eradicate People Trafficking

2004 saw the introduction of The Australian Governments Action Plan to Eradicate

Trafficking in Persons (referred here after as The Action Plan) The Action Plan (2004)

came out of a series of events, which placed pressure on the government to respond to

the issue of trafficking in persons. The death of Ms. Puongtong Simaplee in

immigration detention in September 2001is often referred to as the catalyst to the

response (Maltzahn, 2008) It is believed that Ms. Simaplee was a victim of child sex

trafficking. When she was found by immigration officials she was unwell and put in

immigration detention. It is speculated that she was not offered medical treatment, her

story was not explored and she passed away soon after her detainment. 2

Prior to this point,

“Australia fervently denied for the past two years or so that individuals were

trafficked into Australia, (and it wasn’t until 2003) that authorities openly

admitted that this was indeed a possibility” (Gallagher, 2004, p.1)

The combination of the death of Ms. Simaplee and a series of media accounts by ‘The

Australian’ (Maltzahn, 2008) the international community began to come together on

this issue. Pressure was on the Australian government from several angles to respond.

The development and introduction of Australia’s response is demonstrative of the

political nature of policy development.

2Annexure A

18

The Action Plan incorporates a range of measures to prevent, prosecute and protect. The

four central tenets of the plan include:

Prevention

Detection and Investigation

Criminal Prosecution and

Victim Support and Rehabilitation

The policy response was “designed to focus on the full cycle of trafficking from

recruitment, to integration and to give equal weight to the three critical areas of

prevention, prosecution and victim support” (Blackburn in Seagrave and Milivojevic,

2010, p.63)

The process of victim support, involves a victim being identified by the Australian

Federal Police (AFP) as a potential witness. Victims come to the attention of the police

through several different pathways, most commonly The Department of Immigration

and Citizenship (DIAC) detects the individual for a breach of their visa conditions.

Should the victim choose to engage in a criminal investigation a comprehensive support

package is offered in an effort protect the victim’s health and welfare.

The Office for Women has oversight of the program, which is currently contracted to

The Australian Red Cross who deliver the services to both men and women who are

identified as victims. Under the program victims have access to financial support,

access to medical assistance, support for study (including English language), and other

health and welfare needs.

There are three streams of the Government programs, which take place parallel with the

stages of the criminal investigation. The first stream is known as the assessment stream.

This stream lasts for 45 days with the discretionary option of a 45-day extension.

During this period the victim has time to decide whether or not engaging in a criminal

investigation is a choice they wish to make. The Australian Red Cross provides

financial and case management support during this period. Often, during the 45day

assessment stream a victim is offered a Bridging Visa F, which allows them to remain

lawfully in Australia. Following the assessment stream, should a victim choose to

19

engage with the investigation they are offered a Criminal Justice Stay Visa (CJSV).

Should a victim choose not to engage in a criminal investigation after the 45day

assessment stream, the support of The Australian Red Cross is withdrawn, as they are

no longer eligible for the program. This means that assistance is dependent on their

willingness or capacity to participate in a criminal investigation.

The CJSV allows a victim to remain lawfully in Australia for the duration of the

investigation. It is during this time that the Australian Federal Police take a

comprehensive statement of events and collect evidence pertaining to the investigation.

If necessary the victim may be required to appear in court to give evidence in the trial.

Victims who are the holder of a CJSV are given access to federal government financial

support via Centrelink, Interim Medicare and casework support from The Australian

Red Cross.

Post the investigation, victims are offered a Permanent Witness Protection Trafficking

Visa (WPTV) This visa cannot be applied for autonomously, it can be only offered by

DIAC on direction of the AFP. The WPTV is given on discretion of a victim’s

participation with an investigation regardless of the outcome of the case. (Adapted, The

Office for Women, 2009)

The Action Plan and Victim Support

As mentioned earlier, the primary focus of this research is the nexus between

prosecution and protection, therefore the majority of the analysis in this study is on the

impact and effectiveness of Australia’s response to victims of trafficking in persons.

2009 saw changes to Australia’s anti-people trafficking strategy to provide better

support for victims. These changes came as a result of community consultation by the

Australian Government with key stakeholders. This consultation suggested the current

framework was inadequately protecting victims. The changes that have occurred are

centred largely on the visa framework; which in turn increases access to welfare

support.

20

“The changes simplify and add flexibility to the visa framework. Importantly

they give victims and their immediate family members greater certainty about

their immigration status” (IDC, 2010, p.6)

It is acknowledged that the changes made to the visa framework provide increased

support to victims through greater migration safety and certainty. It does however

exemplify again the problem I am examining; and the relationship a victim must hold

with the criminal justice system prior to be given access to such visa’s.

“The Government of Australia continued to provide comprehensive assistance

for Victims of Trafficking willing to aid in criminal prosecutions and their

family members…the Government encouraged Victims and witness’ to

participate in trafficking investigations and directly linked continued assistance

to victims’ role in a viable prosecution” (US State Department, 2009, p.68)

It is evident from The Action Plan (2004) that Australia operates on the principle that

“those who are willing to help prosecute their recruiters and exploiters should be given

the assistance necessary to facilitate such cooperation” (Gallagher, 2004, p.5) Several

studies and evaluations of Australia’s Action Plan criticise the direct attachment of

victim support to criminal investigations. Human rights defenders suggest that the

protection of a victim of trafficking in persons should be provided as unequivocal

human right.

“Restricting access to recovery and support programs to those women who

undertake to assist the investigation or prosecution of trafficking offences and to

those women whose evidence is considered to be of value, means that many

victims of trafficking would not be eligible for assistance despite suffering

significant human rights abuses. From a human rights point of view, access to

these programs should be on the basis of need” (HREOC Submission, cited by

Burn and Simmons, 2009, p.10)

21

Obligatory participation in criminal justice processes raises real concerns for victims.

Often the trafficker has threatened the safety of the individual and/or their family and

encouraged fear for authority. As a result, negative associations and fear for safety

surround a victim when choosing to engage with authorities. People working with

victims of trafficking report that alongside the element of fear, victims are regularly

diagnosed with Post-Traumatic Stress3. This can directly impact on a victims ability to

provide credible evidence; rendering them ineligible for services. “Traumatic events

overwhelm the brains capacity to process information” (Solomon and Heide, 2005,

p.54)

Without going into depth about the biological aspects involved in processing traumatic

memories what is known about traumatic events is that Post-Traumatic Stress affects

the storage of memories in the brain and can “generate vivid images of traumatic

experience, terrifying thoughts, feelings, body sensations, sounds and smells” (Solomon

and Heide, 2005, p.54)

A common symptom of Post-Traumatic Stress is ‘dissociation’. “Extreme trauma

results in the inhibition of neural networks…traumatic experience can disrupt the

storage of information and integration of the various systems of attention and memory”

Dissociation is a protective factor in that it “allows the traumatized individual to escape

the trauma…and avoid the reality of his or her situation and watch is as an observer”

(Cozolino, 2005, p.26)

Given the stage that the Australian Federal Police become involved in the victims

disclosure, it is speculated that it would not be uncommon that the victim would not

have had the opportunity to undertake any therapeutic intervention meaning that trauma

reactions are often high. This disadvantages victims as being unable to provide such

information may render them ineligible for services.

3Annexure B

22

Chapter Two Literature Review

2.1 Human Rights Theory

As the title suggests, this research draws on a human rights perspective to address the

current response of support for victims of Trafficking in persons. This research takes the

position that access to victim support should be given as an unequivocal human right

opposed to a “necessary part of the criminal justice response” (Pearson, 2007, p.29).

This is the premise for using a human rights framework.

Several elements will be addressed with regards to a human rights framework. These

include; establishing what is meant by a human rights framework, exploring the work of

key theorists and how human rights are reflected in social work practice. All of these

are critical to the discussion of human rights and support for victims of trafficking in

persons.

What do we mean by Human Rights?

“Human rights are inherent to all human beings, whatever our nationality, place

of residence, sex, national or ethnic origin, colour, religion, language or any

other status. We are all equally entitled to our human rights without

discrimination. These rights are all interrelated, interdependent and indivisible”

(United Nations, 2006-2010)

Human rights are often described as “universal principles that recognize and respect the

dignity of all peoples and basic standards which we can identify and measure inequality

and fairness” (HREOC, 2009) This research takes a Universalist position with regard to

human rights, with The Universal Declaration of Human Rights (1948) (UN

Declaration) central to its argument. Pertinent to the analysis and discussion of this

research project is the acknowledgement of the “inherent dignity and equal, inalienable

rights of all members of the human family”. (UN Declaration, 1948)

23

Key Theorists

Given the universalistic position adopted for this research project, Jim Ife’s Human

Rights Theory and Social Work practice is the primary theory drawn on throughout.

In addition to the theory suggested by Ife (1995 and 2001), philosophical positions by

John Rawls (cited in Shestack 1998) and Jerome Shestack (1998) are examined.

All theorists emphasise the universal nature of human rights. Each theorist suggests that

human rights are afforded on the basis of being human. Each also acknowledges that the

discourse of rights is tied up in the analysis of need. Rights naturally imply need; this

perspective will be explored with reference to the work of Nancy Fraser, a feminist

scholar and a critical theorist (1989)

A central idea to the human rights discourse of this study is that:

“The very nature of human beings implies that they have certain rights as a

consequence of their very humanity…by simply talking about human beings we

imply human rights arising from some notion of common humanity which

requires that people be treated in a certain way” (Simmons and Feinberg in Ife,

2001, p.6)

Ife usefully applies the human rights framework to social work

“ [the] human rights perspective can strengthen social work and that it provides

a strong basis for an assertive practice that seeks to realize the social justice

goals of social workers, in what ever setting. Human rights, however, are also

contested and problematic. To develop a human rights basis for social work

requires that the idea of human rights, and the problems and criticisms

associated with it, be carefully examined” (2001, p.1)

Ife’s approach to Human Rights and Social work is thus: “By framing Social Work

specifically as a human rights profession, many of the issues and dilemmas that face

Social Work can be looked at in a new light. Further, human rights can provide social

workers with a moral basis for their practice” (2001, p. viii ) This research takes on the

24

perspective that a human rights approach can in fact form a universal baseline for policy

development around victim protection. It does however consider that an equal weight

needs to be distributed between both victim protection and the pursuit of justice.

Ife “develops his theoretical framework based on humanist, postmodern and feminist

perspectives” (Boulet, 2003, p.238) Of great interest to this study is the emphasis Ife

places on oppression. The feminist angle of his theory “draws attention to the

oppression of patriarchy but more broadly to structural oppression” (Allan et al, 2003,

p.238) I hypothesized earlier, that the current system for victim support being

implemented by Australia, is in fact a source of oppression (i.e. restricting access to

protection and welfare support on the basis of participation in a criminal investigation)

Ife’s ideas regarding structural oppression are critical to the analysis and discussion of

this project and will be revisited in succeeding chapters of this study.

Recommendations regarding the practice of Social Work with victims of Trafficking in

persons will draw on Ife’s conclusions; particularly that the universality of human rights

will set minimum conditions of practice. Foundations as set out by Ife will be used in

producing the recommendations of this study.

Shestack (1998) suggests that Human Rights are “the rights that human beings have

simply because they are human beings and independent of their varying social

circumstances and degrees of merit” (p.2) he also highlights that the concept of rights

can often derive several meanings including “entitlement, immunity, privilege and

power” (p.2).

These ideas speak to the universal nature of rights, and the way in which rights should

be exercised. It is in this universality shared that conclusions and recommendations will

be made in this study.

Shestack supports Rawls’ postulation that:

“Each persons posses an inviolability founded on justice that even the welfare of

society cannot override…therefore in a just society the liberties of equal

citizenship are taken as settled; the rights secured by justice are not subject to

25

political bargaining or to the calculus of social interests” (Rawls cited in

Shestack, 1998, p.9)

The current approach toward trafficking in persons in Australia can be analysed using

the central tenets of Rawls’ thesis; in particular to the concept of political bargaining

and calculus of social interests which with respect to this study hypothesizes that victim

support is being used as a political bargaining tool to meet the priority of criminal

prosecution. This idea will be further developed in succeeding chapters and is

exemplified in Case Study Two.

Rawls’ (cited in Shestack 1998) perspective on human rights addresses the way in

which society is constructed. Rawls’ perspective complements that of Ife , which argues

that institutions or systems of society are socially constructed. Rawls’ theory “provides

a way of assigning rights and duties in the basic institutions of society. These principles

define the appropriate distribution of benefits and burdens of social cooperation”

(Shestack, 1998, p.9)

Victim protection as discussed above is offered on the basis of a victim’s contribution to

a criminal investigation. Central to the argument is whether or not this aligns with

principles of human rights. Using Rawls’ theory, one could argue that in fact there is an

unsound distribution of benefits based on the burden of social cooperation.

Fraser (1989) suggests that there is a distinct relationship between needs and rights.

When talking about rights, it naturally implies that there is a need. Fraser (1989) aligns

herself with those positions “who favour translating justified needs claims into social

rights” (p. 163) The test for this study is establish evidence which suggests that the

Australian Government needs to reassess the current victim support program and make

changes that are in line with a human rights framework. This is in direct correlation

with Frasers (1989) view; “to treat justified needs claims as the bases for new social

rights is to begin to overcome obstacles to the effective exercise of some existing

rights” (p.183)

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How are human rights reflected in Social Work practice?

Human rights are at the core of the Social Work profession. “Social Work is arguably

the core human rights profession given its value base” (Ife, 2001, p. 5) The Australian

Association of Social Work Code of Ethics (2010), highlight 3 key values that members

of the Social Work profession are expected to work from. This includes the principle of

‘Respect of Persons’, which is concerned with respecting human rights of individuals

and groups.

In addition to this, under the core commitments of Social Work is the commitment to

‘Social Justice and Human Rights’. In adherence to this Social Workers are expected to

not only promote policies, practices and social conditions that uphold human rights but

also to empower individuals, families and groups to seek their full protection of human

rights.

As Ife (2001) suggests, a human rights framework is not a “definitive answer” (p.202)

and it cannot prescribe the way in which Social Work is practiced. It can however make

“some suggestions” (p.202) about why the practice of social work should encompass

elements of human rights. “A human rights discourse is, by nature a discourse of hope.

It concentrates not only on what is wrong but also articulates a vision of what is right, of

where we could be heading, of the human ideal” (Ife, 2001, p.203)

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2.2 Anti-Oppressive Social Work Practice

In addition to a focus on Human Rights Theory, this study draws on Anti-Oppressive

Social Work Practice as a secondary tool of analysis. Anti-Oppressive Social Work

Practice is closely related to the key concepts of Human Rights Theory. It however

places greater emphasis on structural disadvantage opposed to an individual struggle.

There are several reasons why Anti-Oppressive Social Work Practice theory has been

used in this study. Anti-Oppressive practice effectively addresses the way services are

currently being delivered in Australia; it allows the consideration of ‘user-led

intervention’ to achieve the overall objective of the study and thirdly, the relevance

Anti-Oppressive Social Work theory has to Social Work Practice.

I begin by outlining the central ideas of the theory of Anti-Oppressive Social Work

practice, which are pertinent to analysis, and discussion of the study. Finally, I will look

at how Anti-Oppressive Social Work Practice fits within the Social Work profession.

Key Theorists

The perspective of Lena Dominelli (2002) in her work on Anti-Oppressive Social Work

Practice is drawn on as the central tool of analysis. Dominelli’s (2002) view will be

shared as a way of assessing current Australian policy and in defining Anti-Oppressive

Social Work Practice. Work by Katherine van Wormer (2004) will also be used. Van

Wormer (2004) offers her perspective with a greater focus on challenging oppression

and advocating for change from the angle of social policy. van Wormers (2004) ideas

will be used as a way to ground recommendations for policy change.

What is Anti-Oppressive Social Work Practice?

Anti Oppressive Social Work Practice is defined by Dominelli as:

“A form of Social Work Practice which addresses social divisions and structural

inequalities…to provide more appropriate and sensitive services by responding

to people’s needs regardless of their social status. Anti-Oppressive practice

embodies a person-centered philosophy, an egalitarian value system concerned

28

with reducing the deleterious effects of structure inequalities upon people’s

lives; a methodology focusing on both process and outcome; and a way of

structuring relationships between individuals that aim to empower users by

reducing the negative effects of hierarchy in…the work they do together”

(Dominelli, 2009 cited in AASW Code of Ethics, 2010, p.53)

Critical to the definition of Anti-Oppressive Social Work practice is the way in which

structural inequalities reduce the opportunity for individuals to exercise the full array of

their human rights. Dominelli (2002) states that Anti-Oppressive Social Work Practice

“focuses on those who are excluded from realizing their creative potential as a result of

disadvantaging contexts that they contend with daily” This particular element of the

theory will be used a central point of analysis. In analyzing the results of the study, one

asks the question about what impact current policies have on victims in their search for

protection and a viable future?

The nature of this study also touches on the varying experiences of victims based on

their engagement with the criminal justice system. Dominelli (2002) puts forward the

concept that “Oppression involves relations of domination that divide people into

dominant or superior groups, and subordinate or inferior ones” (p. 8) This is particularly

pertinent to the study, as the analysis will involve a cross comparison between one

victim who engaged with the criminal justice system and one who could not. The study

will look from this perspective offered by Dominelli (2002) and draw conclusions based

on the divide that was drawn between the two victims.

Another focal point of Anti-Oppressive Social Work Practice is the emphasis placed on

‘user-led intervention’. This is critical to the analysis and discussion in that results

ascertained from the case study participants will form the basis of suggested policy

reform. The idea of user-led intervention speaks to ideas of empowerment, social

justice and human rights. This study aims to give victims a voice and an opportunity to

suggest reform based on their experiences; “enabling users to play a greater role in the

design and delivery of services they require and (for) professionals to respond more

appropriately to the agendas they set” (Dominelli, 2002, p.5).

29

van Wormer (2004) sees Anti-Oppressive Social Work Practice as “minimalising power

differences in society and maximising the rights to which all people are entitled” (p. 9)

This links with Dominelli’s (2002) position in that all individuals should be given the

resources they need to achieve their full potential.

The unique position that van Wormer (2004) holds in her writing is an analysis on Anti-

Oppressive Practice and Social Policy development. “Policy and practice are clearly

intertwined” (van Wormer, 2004, p.14). This is a critical point of analysis for the study,

in that the impact of policy impedes not only on Social Work practice, but also on a

victims ability to access resources and navigate the system. The investigation of the

impact of social policy is key to the study as one of the central tenets is to in fact assess

the impact of current policy on victims.

van Wormer (2004) too offers a view on social exclusion. This is angled more closely

toward policy development. “Social exclusion goes beyond the mere words ‘social’ and

‘exclusion’ into the political realm. Embodied in this concept is a framework

concerning political and economic process” (van Wormer, 2004, p.21) As stated earlier,

the assessment of policy on the victims experience is key to the study. It too assists to

answer the question introduced earlier, which is; what impact do current policies have

on victims in their search for protection and a viable future?

Racism is also an important element to be considered as part of Anti-Oppressive Social

Work practice, it leads to a consideration of culturally competent practice. Racism is a

distinct element of oppression and is arguably reflected in Australian Policy. The

concept of racism within the context of Anti-Oppressive Social Work Practice will be

used as another point of analysis and discussion in successive chapters of this study.

Culturally competent practice relates to both the way in which practitioners carry out

their work, and how policy is formulated. Culturally competent practice is central to this

study given the cultural background of the case studies being diverse. It also speaks to

the nature of Trafficking in persons as a whole, often individuals from culturally and

linguistically diverse backgrounds find themselves immersed in systems that are foreign

and may not be accommodating to a culturally diverse population. Racism and

30

culturally incompetent practice stand as further avenues of oppression for victims of

trafficking in persons.

Like Dominelli (2002) van Wormer (2004) also offers perspective on structural

inequalities. However van Wormers (2004) emphasis is on ‘structural barriers rather

than individual pathology’ van Wormers (2004) thesis is influenced by Chapin’s (1995)

‘Inclusive Empowerment Approach’ “This approach underscores the need for client

perceptions of the situation to be clearly understood and incorporated…social policy

development from this perspective is a powerful tool for helping people attain social

and economic justice” (p.123)

Finally, the psychology of oppression will be considered in the analysis of the data set.

In particular van Wormer (2004) shares that concepts such as victim blaming, displaced

aggression and internalized oppression are pertinent in individual reactions to social

policy. These ideas will be considered in relation to current Australian policy looking

closely at their relevance to existing policy and development of new policy, and how

they can be considered in the development of social policy.

How is Anti-Oppressive Social Work Practice reflected in Social Work Practice?

Anti-Oppressive Social Work Practice is reflected in Social Work practice through the

core values of the profession. It is alluded to in the Australian Association of Social

Work Code of Ethics (2010) as a key practice standard.

To quote Dominelli (2002)

“Social Workers have a responsibility to challenge the grotesque image of poor

people and besides bringing to public notice the strengths of those who battle to

transcend social exclusion, to work to empower those who are engulfed in the

weight of circumstances in which they are embedded” (p.4)

One of the central objectives of the study is to do just that, to challenge and advocate for

policy reform based on the view of the victims. van Wormer (2004) sees Social Work as

adequately placed to challenge and confront oppression as it ”often sees firsthand the

31

unintended consequences of social policies” (p.24) In this instance, the impact of

limited support options for victims of trafficking in persons.

32

Chapter Three Research Methodology

3.1 Research Design

The research project is a qualitative study with the primary research method being two

case studies. Incorporated in the study are elements of participatory action research

(PAR) and reflexivity.

According to Merriam (2009) qualitative research methods are used within fields where

their core business is making enquiry and asking “questions about people’s lives” (p.6)

Furthermore qualitative research methods derive from “having an interest in knowing

more about ones practice and indeed in improving ones practice” (Merriam, 2009, p.1)

This demonstrates a clear fit between this research study, social work practice and its

chosen methodology.

The two case studies will be explored in conjunction with principles of PAR and

reflexivity through a critical social work lens. The study will explore responses to the

current victim support package, and will “critique, challenge, transform and empower”

(Merriam, 2009, Figure 2.1, p.38) the current response of the Australian Government to

victim support for trafficked people.

The PAR process aims to compliment the case study methodology in that issues

identified by the client group will be discussed with relation to determining outcomes

and final recommendations as a result of the study.

Case Study Methodology

A case study is an “empirical enquiry that investigates contemporary phenomenon

within its real-life context, especially when the boundaries between phenomenon and

context are not clearly evident” (Yin, 2008, p.18). Yin (2008) suggests that a case study

methodology can be used to “understand a real-life phenomenon in depth” (p.18)

This research study sets out to understand the reality of victim support for victims of

human trafficking; balanced against what is said by government departments and

33

academics about victim support. The case study methodology has been positioned to

provide a comparative analysis of support available to trafficked people. The two cases

assist the study in identifying the victim’s perspective of support offered to them, and

from this perspective put forward suggestions of policy reform.

The structure used in this study is laid out by Yin (2008). He states that there are five

key elements to a case study research design. These include: the study’s questions, its

propositions if any, its units of analysis, the logic linking the data to the propositions

and the criteria for interpreting the findings.

The case study methodology involves not only the two cases, but the analysis of pre-

existing literature and theory. The analysis of results will involve the incorporation of

theories of human rights and anti-oppressive social work practice. Each of these theories

offer both individual and societal analysis of results. The consideration of theory in the

case study research design is critical to the validity of the study’s design. (Yin, 2008)

Participatory Action Research

Wadsworth (1998) sees PAR as “action, reflection, raising of questions, planning of

fieldwork to review current (and past actions)-its conduct, analysis of experience

encountered, the drawing of conclusions and the planning of new and transformed

actions” (p.4) the research question for this study arose from my ongoing involvement

in the field and working with victims of trafficking in persons.

The overall objective of this study is to produce recommendations that will contribute to

an examination of the current implementation of victim support within the trafficking in

persons framework. “Most participatory action research sets out to explicitly study

something in order to change and improve it. It most often arises from an unsatisfactory

situation that those most affected wish to alter for the better” (Wadsworth, 1998, p.6).

The theoretical fit between PAR and this study is in the production of recommendations

derived from the two case studies.

Whilst it is acknowledged that a key element of PAR is the involvement of the research

participants actively engaging in all stages of the research process, the primary element

34

of PAR relevant to this study is “reflective enquiry…and research whose purpose is to

enable action” (Baum, MacDougall and Smith, 2004, p.854). PAR principles are used in

conjunction with case study and reflexivity, as PAR principles cannot be employed in

their entirety. Participants have not been actively involved in the whole research

process.

Reflexivity

Another crucial consideration of this study is the element of reflexivity. Reflexivity

refers to

“An awareness of the researchers contribution to the construction of meanings

throughout the research process and an acknowledgement of the impossibility of

remaining ‘outside of’ ones subject matter whilst conducting research.

Reflexivity then, urges us to explore ways in which a researchers involvement

with a particular study influences as upon and informs such research”

(Nightingale and Cromby, 1999,p.228)

I acknowledge that I have come to this research with practice experience in the field of

support to trafficked persons. My research question has derived from this practice, and a

perceived need to improve current systems and policy. I acknowledge that throughout

this process meanings have been constructed given my daily interaction with victims

accommodated in a safe shelter. As suggested by Nightingale and Cromby (1999) it has

been impossible to remain ‘outside of’ the subject matter.

There is much to be learned from a reflective and reflexive researcher. It is

advantageous to this study that an acknowledgement of practice experience is

incorporated. Sandelowski and Barroso (2002) explain that reflective and reflexive

research is contributes to the soundness of a study

“Reflexivity is a hallmark of excellent qualitative research and it entails the

ability and willingness of researchers to acknowledge and take account of the

many ways they themselves influence research findings and thus what comes to

be accepted as knowledge. Reflexivity implies the ability to reflect inward

toward oneself as an inquirer; outward to the cultural, historical, linguistic,

35

political and other forces that shape everything about enquiry; and in between

research and participants and the social interaction they share”(p.222)

3.2 Research Questions

The questions addressed throughout this research project can be found in the

Introduction (p. 2)

3.3 Research Sampling

The sampling method used for this research project was purpose sampling. Participants

were selected based on their current experience of support after their trafficking

experience.

The study set out to explore three case studies. Each case study looked at a different

response to support options offered, including:

1. Full participation in the Criminal Justice Process, and therefore access to the

Australian Government contracted support package;

2. Attempted participation in the Criminal Justice Process, however declined by

the Australian Federal Police and therefore access community based support

options;

3. Choice not to participate in the Criminal Justice Process, and pursuit of

Protection Visa with Refugee claims, assisted by community based support

options.

Despite three participants consenting to the study, participant three declined to be

interviewed therefore the study went ahead with two cases. Participant three did not

state the reasons why they chose to not participate. They avoided requests for interview

and given the voluntary nature of the study, after discussion with my research

supervisor I chose to stop pursing participant three, and do a comparative analysis with

participants one and two. It can be hypothesized that participant three chose not to

participate in the study as the process involved discussing the experiences of trafficking

and pursuit of a protection visa. The literature and other studies suggest that it is a

traumatic experience for many victims of human trafficking to be asked to recall events

36

of the past. The issue of trauma associated with recalling experiences is exemplified by

participants one and two in the discussion of the study.

The two cases were identified via invitations to organisations working in the field.

Organisations were asked to identify clients who may be interested in the study

according to the study guidelines. Some organisations that were invited to participate

were unresponsive to the request and others declined the request. One organisation

agreed to participate and nominated all three participants.

3.4 Data Collection Method

4 Semi-Structured interviews were conducted with each of the participants. The

interviews took place in four parts:

a) Pre arrival

b) Arrival and experience in Australia

c) Seeking assistance

d) Ways forward

To ensure a rigorous study, the following criterion was considered:

1. Construct Validity; two case studies were conducted in order to establish a chain

of evidence; as part of the research process, participants had the opportunity to

view the study and provide feedback before final submission;

2. Internal Validity; the two case studies were compared with one another and pre-

existing literature, consideration is given to alternate explanations; as referred to

under sampling, the case studies cover two different streams of service delivery

including, one on the government contract program, one ineligible or unable to

participate in the government program.

3. External Validity; replication logic was be used in case studies to identify

common themes and ideas;

4. Reliability; Case study protocol was implemented in terms of determining case

study questions, accurately identifying data collection procedures, linking theory

37

to practice and presenting policy reform in case study report and finally carrying

out effective evaluation of the study. (Criterion adapted from Yin, 2009, p.41)

3.5 Data Analysis

The study as stated above involved two independent case studies specifically selected to

address different angles of victim support. The data was collected in the qualitative

tradition through semi-structure narrative style interviews, and common themes have

been identified.

Firstly, the study looked at one of four general strategies as proposed by Yin (2009,

p.130)

Relying on Theoretical Propositions; linking theoretical propositions that led to

the case study. This will require re-examining available literature and practice

knowledge and drawing conclusions about the data that has been collected.

Secondly, the study employed a cross-case synthesis approach that will specifically

address the analysis of the multiple cases explored in the study. As stated above

common themes will be identified across the cases. Word tables that display the data in

a uniform framework will assist in the building of relationships and conclusions.

Essentially, the case studies were analysed to prove or disprove assumptions on the

inadequacy of current victim support programs.

3.6 Limitations of Methodology

• Concern that the study will lack rigor: given the size of the study, the sample

may not represent the breadth and depth of the issue. This is also a common

limitation of case study research. Care has been taken to ensure data collection

was systematic.

• Generalisation: Case study research is often criticized for its inability to

produced data that can be generalized. This study in its employment of firm

human rights principles argues that the context of all victim support regardless

of the nature could benefit from the outcomes of this study.

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Chapter Four Case Studies

As noted above, the study involves an examination of two case studies

Case One

Ms. Y is 35-year-old woman from East Africa. Ms. Y and her five siblings were raised

by their mother and she never knew her father. Post-election violence in her country of

origin devastated Ms. Y’s family leaving two siblings missing and her mother brutally

murdered. Ms. Y completed her school studies but never went on to tertiary education,

as her mother could not afford to have more than one child studying at a time. Ms. Y

worked in a coffee shop where she met her husband and subsequently had three

children.

Ms. Y has been a single mother of her three children since her husband was also killed

during pre-election campaigning in 2007. After her husband’s death, her mother

supported her and her children with accommodation and financial assistance. Sadly,

shortly after her husband’s death, Ms. Y’s mother was brutally murdered and the village

in which she lived was burned down.

Ms. Y and her children were lucky enough to escape unharmed, however they were left

homeless and without any way that she could provide for them. Ms. Y was able to

secure a job as a domestic helper through her older sister who was also working in this

field.

An East African man and his Australian wife employed Ms. Y. They had two young

daughters. Her employer assisted her to find a place to live and provided her with a

small income so that she would be able to care for her children. The work involved

“cleaning the house, washing of the dishes, ironing of the clothes, making the beds,

watering the plants…at times they could tell me to take care of their young girls, they

had two daughters”

In 2009, the East African man that had employed Ms. Y was killed. Shortly after his

death, his wife decided to relocate to Australia with her family. Ms. Y was offered

39

employment in Australia to continue on as the family’s domestic help. Coming to

Australia meant that “I was to continue with my job and they were to continue paying

me…I felt that I had no choice, I am the only one that supports my three children, I am

a single mother…it would not be easy to just leave the job at once when I don’t have

any hope of any other job”

In coming to Australia Ms. Y was promised accommodation within their family home

and provision of all her needs including food. The employer also offered her a monthly

living allowance along with a salary that would be paid in East Africa in order for her

children to continue to be supported. However when Ms. Y came to Australia she found

that it was not like she had believed it to be; “they did not fulfill any of their promises,

its kind of they turned again what it was that I was expecting from them…I found that

even the money they promised to give me here I could not get”

Ms. Y was required to do more work at the house in Australia compared to East Africa.

Ms. Y stated: “I found it was more…they had two dogs that was the first time I had to

look after dogs…I was also to take care of the cat. This was extra jobs for me” Ms. Y

was expected to work from 6am in the morning “until whatever time they expected me

to do something at night…I was not even allowed to have a break” The house

accommodated Ms. Y’s employer, her two children, her mother and her mother’s friend.

This was more people than Ms. Y had expected to look after.

In addition to the work Ms. Y was expected to do, she was not permitted to leave the

house. If she was allowed to leave the house the children accompanied her and it was

usually to take them out to the park. There were a few isolated occasions where she was

permitted to attend church for the Sunday service but she was driven there and picked

up directly following the service. Ms Y was made to sleep under the dining room table,

as there was no space in the home to accommodate her. Ms. Y’s employer placed

restrictions on how often Ms. Y could shower and what and when she could eat.

40

Ms. Y’s was denied her access to her passport. Ms. Y was forbidden to talk to anybody,

she was not to tell anybody why she was in Australia or that she was working for the

family. Ms. Y found this peculiar and confusing, as this was the reason she had come to

Australia and did not know why everything was to be kept a secret.

One evening, Ms. Y asked for her passport and her visa. Her employer refused to allow

her to see her passport and visa and threatened to call the police. They informed Ms. Y

that she did not have the right to see her passport or to have her passport in her own

possession; “I don’t know much about travelling, but I would think that my passport

would be my own identity document…to identify me” Ms. Y attempted to contact a

lady who another man had told her would be able to help her. Ms. Y then learned that

she was unable to make calls from the phone her employer had given her so she left the

house and asked a neighbor for assistance.

The employer noticed Ms. Y had gone to the neighbors residence to request assistance.

Ms. Y’s employer continued to threaten that she would phone the police. Ms. Y

requested that they call the police as she thought this would be a way in which she could

get assistance. Whilst Ms. Y was seeking help from the neighbor her employer’s

mother’s friend came to the neighbors house. Ms. Y and the person had a physical

altercation in an effort to take possession of the mobile phone. During this Ms. Y was

physically assaulted, the person fractured Ms. Y’s foot. After some time of Ms. Y

refusing to return to the house the police were called.

When the police arrived Ms. Y’s employer began throwing her belongings out of the

house and telling the police to deport her as she was illegal. Ms. Y states that when the

police arrived they only took information from her employer and she was given no

opportunity to tell her side of the story. Despite Ms. Y trying to tell the police what had

happened to her.

Ms. Y was taken to the police station as the employer had indicated to the police that

she was no longer able to remain accommodated with them. Ms. Y described this

situation to be very unjust as the police were not willing to hear her side of the story; “I

was there to tell them what was happening to me…they didn’t give me a chance, they

41

were just listening to my employer”

Ms. Y stated that despite wishing for the police to come and assist her she found the

police to have behaved in a way no different to her home country; “I felt like another

country like my country, because the people who have power or the people from high

class don’t allow the people from the lower class to talk…I find its another country

without freedom of speech”

Ms. Y spent several hours at the police station, she could not remember how many

exactly but thought it to be around five hours in total. During this time, the police did

not ask Ms. Y what had happened or how she came to be in Australia. They had

assumed that what her employer had told them was the truth. They were of the belief

that Ms. Y was the Aunt of the children and would be returning home to East Africa in

the morning.

Ms. Y stated that her employer had informed the police that she was to depart for East

Africa the next day so were attempting to find her one night accommodation before she

left. This was not in fact the truth and Ms. Y had not been prepared to return home to

East Africa. Since leaving that night she has not had any further contact with her

employer.

Ms. Y was eventually able to contact the NSW Police Multicultural Liaison Officer. She

remembered she had put her phone number inside her suitcase and asked the police if

she was able to look through her luggage and locate the number. Ms. Y had originally

obtained this lady’s number from somebody in church that she had confided in and

asked for help.

This police officer was able to accommodate Ms. Y at her friends place for the evening.

In the morning, Ms. Y was taken to Immigrant Women’s Speak Out, and was

subsequently referred to The Salvation Army, Safe House for Trafficked Women.

The Safe House for Trafficked Women is a supported accommodation service for

women who have experienced situations of trafficking, slavery or slavery like practices.

42

Residents at the service have access to 24 hour a day 7 day a week support. They are

assigned a caseworker that provides intensive, comprehensive and culturally appropriate

case management support.

After working with Samaritan Accommodation staff Ms. Y was informed of her options

and choices as a trafficked person. Her caseworker had informed Ms. Y that the service

considered her to be a trafficked person and explained to her what it meant to be a

trafficked person.

Ms. Y explained that the support offered by The Salvation Army was comprehensive

and “so helpful”. A lawyer was offered to assist Ms. Y along with professional and

volunteer support staff to meet her individual needs.

Ms. Y made a statement to the Australian Federal Police Transnational Sexual

Exploitation Taskforce, who handle matters associated with Trafficking in Persons. Ms.

Y stated that this statement only took approximately half an hour and she was unable to

express everything she felt she needed to; “they kept asking questions one after the

other; it was like in a rush. The simple answer was given and that was all they go to

another one”

Ms. Y stated that she was not offered an interpreter for this interview and this hindered

her ability to communicate with the officers effectively and accurately. She stated that it

would have been more useful to her to be able to speak in her own language.

After the brief interview the interviewing officer informed Ms. Y’s caseworker that her

matter did not satisfy any offences relating to Trafficking in Persons despite her story

displaying elements consistent with the definition of Trafficking in Persons as per the

UN Protocol. Given this outcome Ms. Y was unable to access the support offered by the

Australian Government for trafficked persons; including support from The Red Cross or

Protection to remain in Australia and seek justice.

43

As a result, Ms. Y has continued to receive assistance from The Salvation Army and is

currently in the process of pursuing a Refugee Protection Visa. The details of this case

cannot be discussed in the study given the highly sensitive nature of her claims. She has

been in the process of applying for this visa for the last 12 months and at the time of the

research was awaiting an interview at the Refugee Review Tribunal.

Ms. Y spoke about her experiences of applying for protection, including being

interviewed by DIAC. Ms. Y likened her interview with DIAC to that of the interview

with the Federal Police, brief and rushed. Although she was offered an interpreter she

still found it difficult to express herself.

Ms. Y spoke about the continual interviews and request to repeat events in her life being

a traumatizing experience. Ms. Y said that she was going through the process because

she was desperate for safety and protection for both her and her family; “I lost even the

appetite of eating, so even the food was there I was not willing to eat”

Ms. Y continues to wait for a decision for her protection.

Ms. Y’s case exemplifies that there are some alternative pathways to victims who are

deemed ineligible for participation in the Criminal Justice System. However more

importantly this case highlights an important factor: There is disparity between the

criminal offences in Australia and the UN Protocol that defines Trafficking in Persons.

David and Gallagher confirm this in their submission to the Attorney General’s

Department in March 2011 “the authors submit that there are gaps in the Australian

Criminal law when compared to the requirements of both the Protocol to Prevent,

Suppress and Punish Trafficking in Persons, Especially Women and Children”(p.1)

This will be discussed in greater detail in the succeeding chapter.

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Case Two

Mr. W is a 27-year-old male from South Asia. He grew up primarily with his younger

sister, cousins, grandmother and aunt. He lived between his mother’s house, his aunt’s

house and his grandmothers as his parents would often travel abroad to find work

because there were limited opportunities for work in their home country.

After finishing secondary school Mr. W was expected to commence work and

contribute financially to the family. In addition to this Mr. W has a sister and as a male

member of the family he was also required to prepare for his sisters marriage and

provide money for the dowry. Mr. W only ever spoke about the dowry being his

responsibility, he spoke of his parents being unable to earn money for this as well as

pay for their house. He studied catering technology with the hope of increasing his

chances of finding employment.

Mr. W describes himself as coming from a poor village where it was difficult to find

work, and even when he got a job he would earn very little money.

Mr. W states the idea to come to Australia first came from his father. At the time his

father was working in a hotel. A guest at the hotel was known to travel frequently

between Australia and South Asia. He was known to have restaurants in Australia, and

he would often offer work in his restaurants in Australia to people from South Asia; Mr.

W was told that the guest “came from Australia, he has helped a lot of people”

Mr. W met with the guest, Mr. Z to talk about the possibility of travelling to Australia

for work. Mr. Z told Mr. W that in Australia “job is not very easy, 365 days you need to

work and life is like a mission, like a robot” Mr. W thought about it and concluded that

he was from a poor family and needed to help them, so agreed that he would go to

Australia to work. Mr. W had also never travelled to Australia so he thought that these

were the working conditions in Australia. Mr. Z gave Mr. W’s mother a job in his

family home (in South Asia) cleaning and looking after his family whilst he travelled

back and forth to Australia. Mr. W trusted that Mr. Z was an honest man because he

was also providing his mother with work.

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Mr. Z arranged all of Mr. W’s travel. He took direction from Mr. Z with regard to the

arrangement of his passport and visa. Travelling to Australia was the first time Mr. W

had left South Asia, so he trusted that Mr. Z knew the process and would help him.

During this time Mr. W signed some blank paper and documents, which was later found

to be used for fraudulent applications to Australia’s Department of Immigration and

Citizenship (DIAC).

When Mr. W arrived in Australia he was taken straight to one of Mr. Z’s restaurants and

set to work. Mr. W was accommodated at Mr. Z’s family residence in Australia. He was

made to sleep on the floor of the living room and was not permitted free use of the

kitchen or other household facilities. Mr. Z escorted Mr. W to and from the restaurants

daily.

Mr. Z threatened Mr. W if he did not comply with his requests. He told him stories

about what he had done to other people who did not comply. In addition to this Mr. Z

threatened to have Mr. W’s father put in jail if he did something wrong whilst working

for him. Mr. Z took possession of Mr. W’s passport and denied him access to it.

Mr. W worked every day as a kitchen hand in two of Mr. Z’s restaurants. He worked

from approximately 9:30am until midnight, without days off. He was not permitted

meal breaks. Before travelling to Australia Mr. Z agreed to pay Mr. W’s father a sum of

money for the work Mr. W was completing. When Mr. W came to Australia Mr. Z did

not pay any money to Mr. W and it is unclear if he ever paid money to his father. Mr. Z

told Mr. W that he would be deducting the money it cost for his travel to Australia and

only after that point he would start receiving payment for the work he was doing. Mr. W

continued working for Mr. Z because he believed that he owed him money that he

needed to pay back.

Mr. Z travelled to South Asia for 3 days. During this time the Australian Federal Police

came to the restaurant and questioned Mr. W about the work he was doing. Mr. W later

found out that they had come to the restaurant because another staff member had made a

complaint about his working conditions.

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Mr. W agreed to continue giving the Australian Federal Police information about his

situation. Mr. W states that he agreed to continue talking to the Australian Federal

Police because “they said they could help me” He said that he felt scared about talking

with the police because of the stories Mr. Z had told him, especially the thought of his

father being put in prison.

Mr. W travelled to Sydney with the Australian Federal Police. He stayed in a hotel and

continued to assist the Australian Federal Police with their investigation. Mr. W

describes his experience with the support program and the Australian Federal Police as

disheartening as they could often not provide the assistance he required. During the time

he was giving his statement to the police (approximately 1-2 months) his parents were

urging him to return to the restaurant, because they too were afraid. Mr. W reports that

he continued to assist the police because he would be able to remain safe; “ I thought if

I stopped the story something would happen to me”

Mr. W testified in court approximately one year after giving his statement to the

Australian Federal Police. He discussed the difficult experience he had with testifying in

court, including sitting opposite Mr. Z in the courtroom increasing his level of anxiety

and distress .He stated on numerous occasions that he believed “If I stop my story, they

will stop the help. Maybe the Australian police are going to say, sorry we cannot help

you”

Mr. Z was not convicted. Following his testament in court, Mr. W believed that the

Australian Federal Police and the support program would continue to assist him with

what he needed to remain and settle in Australia. Following the court, “I came to the

police building and they said “Sorry, we failed the case; we are going to help for your

future” Mr. W talked about his disappointment with this process, as the Australian

Federal Police only assisted him to obtain a temporary visa and both the police and the

support program informed Mr. W “Sorry, we cannot help you any more” this confused

Mr. W as before that the police had told him “Sorry the case is not successful, we are

not going to stop to help you, we are looking at your future…but they never, they

couldn’t do”

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4 years after the trial, despite his full cooperation with a criminal investigation; at the

time the interview was conducted Mr. W is awaiting a permanent visa and the

opportunity to exercise his rights as a resident of Australia. Mr. W expressed frustration

and anger at the process during his interviews, he expressed disappointment in the

Australian Government; “The Australian Government say they ‘save the people, save

the people’ but I feel they did not save me…Australia is a very good country, but I am

not sure what they are doing for other people. They only help for Australian people,

only the Australian citizens but what about other people?”

Mr. W’s case demonstrates that whilst a framework is in place it does not adequately

meet the identified needs of the victim. This case also highlights how the support

program can often be offered to victims as a bargaining tool for participation in a

criminal justice investigation. The succeeding chapter of this study will look in more

detail at the implications of this process for victims with regard to their human rights,

and assess the way in which there is an unequal distribution of weight given to

prosecution and protection.

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Chapter Five Analysis and Discussion

The two cases outlined above demonstrate two different types of trafficking.

The case of Ms. Y can be seen as a an isolated incidence of trafficking involving labour

exploitation, Mr. W’s case can be viewed as more of an organized crime venture.

Fundamentally, both of these cases demonstrate the core principles involved in the

movement of persons for the purpose of labour exploitation.

The support options available to both cases were vastly different. Mr. W constantly

referred to the police being the ones that offered support. Throughout the interview

process there was little mention of the contracted service provider, which demonstrates

that Mr. W had little understanding of his rights and entitlements as a victim on the

program. Ms. Y on the other hand spoke a lot more of the support that was offered to

her through The Salvation Army. Most importantly Ms. Y stated that she began to have

a clear understanding of her rights and the choices and options that were available to her

for protection.

Ms. Y

As alluded to above one of the important factors that this case highlights is the gap in

Australia’s response to trafficking in persons offences compared with that of the UN

Protocol. It is unclear about the information that was shared between the AFP and the

client with regard to whether or not the case was classified by them as trafficking.

However the client left the interview with the impression that her case was trafficking

but there was not enough information for the case to be taken forward.

David and Gallagher (2011) speak to this in their submission to the Attorney General’s

Department.

“Operational experience suggests that some aspects of Australia’s anti-

trafficking laws are not capable of responding to the modus operandi of

offenders…Australia’s criminal law currently targets the most extreme instances

of slavery and trafficking in persons. This leaves little room for the police to

respond to cases that appear to be highly abusive and coercive, but do not quite

49

meet the elements of proof required for a prosecution under “forced labour”,

“slavery” and “Sexual Servitude” under Australian criminal law” (p.1-2)

The above view put forward by David and Gallagher (2011), can be hypothesized as the

reason why the AFP did not take on Ms. Y’s case.

Mr. W

This case highlights several issues with regard to protection and support offered to

victims in cases of trafficking. The legal argument is less prevalent here as his case was

taken to trial.

A stand out point in this case, is the lack of information Mr. W had about his rights and

entitlements as a victim. As suggested earlier there was very little reference made to the

support that was offered by the contracted service provider and when asked who it was

that was assisting him he said “somebody the police told to help me”. Mr. W was

unable to name the service provider, as when he asked this question of his support

worker he was told, “it was a secret”.

It is acknowledged that the current contracted service provider has changed since Mr. W

was on the program, and anecdotally it is believed that practices around rights education

have been enhanced. However this cannot take away from Mr. W’s experience or the

impact of this on his future direction. Furthermore, it is also understood that the basic

entitlements available on the program have not changed (see section 1.5)

The case studies have been analysed using three primary themes, encompassing

elements of Human Rights theory and Anti-Oppressive Social Work theory as discussed

in preceding chapters of this study. It should be acknowledged at this point, that whilst

this study’s analysis looks at the importance of victim protection, the study does not

deny the importance of prosecution. The study is advocating for equal weight to be

given to both prosecution and protection.

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5.1 Evidence of elements of Trafficking in Persons

Both cases evidence obvious indicators of Trafficking in Persons for the purpose of

labour exploitation. Both cases satisfy the United Nations Trafficking in Persons

Protocol (2000) in that there was evidence of “recruitment, transportation, coercion,

deception, control and exploitation”. Both Ms. Y and Mr. W’s cases show how

traffickers “prey on the vulnerable” (US State Department, 2008, p. 7) presenting

opportunities that address the individual’s desperation for an improved way of life.

There is evidence of labour exploitation in both cases whereby the work that was

originally consented to before travel was changed on arrival to Australia. This is more

obvious is the case of Ms. Y. In the case of Mr. W the trafficker used deception in order

to make him believe that the conditions he was being subjected to were standard for

Australian workplaces. In both cases the arrangement prior to travel with regard to

wages was not upheld.

Many aspects of these two cases appear to be fundamentally the same. Both victims

were bought to Australia with travel arranged by another, identity documents were

withheld and labour was extracted and payment for services was not provided, yet one

case was taken forward as a criminal investigation and the other was not. The

discrepancy between the two cases still remains unclear.

5.2 Protection and Assistance

Whilst both Ms. Y and Mr. W sought different remedies similarities can be drawn

between the two cases. These similarities bring to light the challenges both victims

faced in their navigation of service systems and search for protection.

Each of the following protection and assistance issues highlight the psychology of

oppression alluded to in Chapter Two. Victim blaming, displaced aggression and

internalized oppression are exemplified in several interactions that are had between

victims and service providers including law enforcement. Most pertinent is the

reinforcement of internalized oppression through each incidence of disappointment,

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rejection and failure of current Australian policy.

Anti-Oppressive Social Work Theory allows the consideration of the way services are

currently being delivered in Australia. From the data collated for this research it could

be argued that the very nature of service delivery contributes significantly to the future

oppression of an already vulnerable and demonized group.

Education about Australian Systems

Both cases demonstrated that the Australian Government agencies involved in

implementing the Action Plan (2004) did not offer a range of options to victims with

regard to the choices they have for assistance. In both cases, the agencies responsible

for implementing the framework did not offer any education about Australian Systems

or the rights they have under the Australian law.

It is unclear in the case of Mr. W whether or not the role of the Federal Police and

community agencies was ever explained. It is also indistinct whether or not the

information that was shared by the Federal Police with regard to assistance was entirely

accurate or skewed in a way so that Mr. W would participate in an investigation; “the

first time they came, they said they were going to help, that’s it…they need to tell

before, we are going to help you, you need to go to court, make a statement…they need

to tell you everything”

Mr. W explains a situation whereby the Federal Police offered assistance to him should

he come with them to participate in an investigation, they made promises about visa’s

and study which have been a continual struggle to access since he commenced assisting

the police in 2006; “They said good name of visa which they didn’t do. They said help

with the study, Centrelink gave me 500 hours and I went to study, they said I could

study cooking course but I never studied” From the interviews I understood that some

of this support was provided but not in the way it was explained to Mr. W. For example,

limited education was provided but not to the extent that was originally offered.

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Ms. Y whilst having a different experience with agencies implementing the framework

still experienced a similar outcome. After her interaction with the Federal Police Ms. Y

was left with little knowledge about Australian systems and choice about what her next

step would be. She became reliant on community support in order to guide and educate

her about her rights in Australia. Ms. Y stated, “The government has to understand that

we come from different background, and unlike in Africa we do have options. They

have to give us time not to push us, everything in a rush…when you just take

everything in a rush I don’t have say I don’t have anything I can do, or any suggestions

I can raise”

Ms. Y stated that the greatest help she received was to understand that she had rights;

“Most of the help, to help me know that I have rights. I have rights and I have to have a

life of my own choice. Not the life of being forced because of the situation or

circumstances” Ms. Y’s caseworker from The Salvation Army was instrumental in

assisting her to understand that she had rights. Ms. Y was able to learn about the rights

about her choices here in Australia, and make considered choices about her future. This

demonstrates that human rights education it is of great value to the victim and it is

worthwhile to implement this into the Australian Government framework.

Assessment and Evaluation of Cases

Ms. Y’s case in particular shows several issues and challenges that are experienced by

victims who go forward and make a statement to the Federal Police. In the case of Ms.

Y she was not offered an interpreter, whilst she has a good command of English she

stated she would have found it useful to be able to express herself in her own language.

She did not know how to translate some ideas from her first language to English when

she was interviewed at the Federal Police.

In addition to this Ms. Y explained an interview that was brief and rushed and in her

words “I found the interview was done because they were to do it…because if

somebody wants to help you or get information from you, they really go deep and ask

all the questions and they are going to give me time to explain…all I was able to give

was a summary of everything it just took us 30 minutes”

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This interview demonstrates that assessment of cases happens in a non-systematic way,

as clearly Mr. W had a very different experience giving a statement over two-three

weeks. This aligns with ideas put forward by Dominelli (2002) in her discussion of

oppression and domination. Conducting interviews in a non-systematic manner

demonstrates that the Australian Government creates superior groups and inferior

groups; some have access to support and others don’t. This reinforces internalized

oppression, which has likely already developed within victims given their trafficking

experience.

Collaborative Practice

Ms. Y and Mr. W both expressed frustration in the amount of times they were required

to repeat their experiences to several different people.

Mr. W has particularly struggled with this. He has remained on a temporary visa in

excess of 2 years and during this time he has been required to make a statement to

Centrelink on 4 or 5 occasions in order to access the benefit he is entitled to.

Ms. Y explained that the experience of having to repeat her story was impacting on her

mental health and continued to trigger traumatic reactions; “Every place I have to repeat

the same thing, it was affecting me”. Ms. Y sought relief from her caseworker who

suggested that before she attends agencies or appointments Ms. Y could give consent

for her written story to be passed along to prevent this repetition. Ms. Y stated that

doing this was one of the most helpful things that her caseworker offered her.

Ms. Y’s case in particular shows that there is an obvious need for the framework to

include NSW Police and community support agencies to be trained about Trafficking in

Persons as they can play a vital role in detection, intervention and immediate protection

of trafficked people.

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Continuum of Support

A continuum of support refers to a support stream that is offered on several levels of a

victim’s participation with the criminal justice system. This includes:

a) Provision of support for those victims who come forward but are unable to go

forward with an investigation;

b) Medium-Long term support offered to those victims who complete a criminal

justice investigation and require support to equip them with skills for

independent living in the Australian community.

Both Ms. Y and Mr. W’s cases exemplify the failure by the Australian Government to

implement support streams at the several phases of interaction with the framework. Mr.

W clearly stated throughout his interviews that if he had known that the support would

be withdrawn following the court case he would not have participated in the

investigation. Mr. W’s main premise for participating in the investigation was to have

access to support, safety and protection which was not only not provided after the court

case but adds further to the argument of the support program being positioned as a

bargaining tool for participation in an investigation.

5.3 Policy Implications

United Nations Protocol vs. Australian Criminal Sanctions

Ms. Y’s case demonstrates a need to look more closely at the relationship between

Australia’s criminal sanctions and their international obligation under the UN Protocol

(2000) It is speculated that Ms. Y’s case meets the definition of trafficking in persons as

per United Nations standards but perhaps related offences are inconsistent in Australian

law (David and Gallagher, 2011, Berg, Pers. Comm, 2011) This gap was detrimental to

Ms. Y in that it rendered her ineligible for services provided by the Australian

Government.

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The Australian Government Action Plan, Human Rights and Oppression

This research has taken on a Universalist perspective of human rights as influenced by

both the United Nations definition of human rights, and social work human rights

theorist Jim Ife (2001). As suggested by the theory, using a human rights framework

with regard to the implementation of policy about victim protection stands as a sound

baseline for policy development. Disregarding the central tenets of human rights theory:

“recognition and respect the dignity of all people and basic standards which we can

identify and measure inequality and fairness” (HREOC, 2009) shows a failure on behalf

of the Australian Government to implement policy with respect to international human

rights obligations.

The Australian Governments Action Plan (2004) was designed to address the full cycle

of the trafficking process, it is suggested that the policy gives equal weight to all areas

intervention including prevention, prosecution and protection.

This research has found that there is in fact unequal weight given to prosecution and

protection stages of the framework, with greater emphasis given to prosecution. Mr.

W’s case shows that the victim support program can be used as a bargaining tool for

participation in a criminal investigation, particularly in his interpretation of the

assistance offered being conditional of his participation in the investigation. Ms. Y’s

case shows that despite some evidence to suggest that she was a trafficked person, a

protection program was not offered to her through official government pathways, given

that her case did not demonstrate capacity for an investigation.

As mentioned previously, human rights defenders have proposed that access to victim

support programs should be provided as an unequivocal human right. Again, obligatory

participation in criminal justice processes raises real concerns for the victim, and “from

a human rights point of view, access to these programs should be on the basis of need”

(Burn and Simmons, 2009, p.10)

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Providing services on the basis of need is supported by the view of Nancy Fraser (1989)

who puts forward the idea that there is a distinct relationship between needs and rights.

Whilst Australia continues to structure their victim support program in this way,

essentially the Australian Government is denying victims access to their rights. As

stated in Chapter Two, the test for this study is to establish evidence, that the current

victim support system is not working effectively and that the Australian Government

needs to reassess the current victim support program and make changes that are in line

with a human rights framework.

The experiences of both Ms. Y and her inability to access supports and Mr. W and his

lackluster experience of support combined with theoretical knowledge and evaluations

by service providers demonstrate that services offered to trafficked people needs to be

delivered more comprehensively and inclusively of all victims of trafficking despite

their willingness and/or capacity to participate in an investigation.

“Trafficking victims, who are not involved in the law enforcement and criminal

justice process, have been left to find care and support from members of the

community and religious organisations. We believe that the program should be

extended to all victims of trafficking” (NGO Shadow Report, 2006)

As mentioned in Chapter Two van Wormer (2004) “Policy and Practice are

intertwined”(p.14) the research has demonstrated that policy impacts not only Social

Work practice but the overall outcomes that can be achieved by the victim. The current

Australian policy to address Trafficking in Persons promotes structural oppression in

that it creates barriers for individuals to be able to navigate the system and have access

to resources which not only assist them to exercise their rights but to meet their needs.

It can be hypothesized that by adopting a human rights framework there is larger scope

for the delivery of tailored services that are not obligatory to participation in a criminal

justice investigation. Narrowing the scope of the grounds of participation within a legal

framework suggests that an individual is ‘not worthy of protection’ On the basis of

human rights there is a strong argument to suggest that the current approach taken by

the Australian Government is inadequate.

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Trafficking in Persons “is about the process of reducing human beings to property”

(Human Rights Watch, 2002, p.2) the crime itself is a direct violation of several articles

of the United Nations Declaration of Human Rights (1948) including but not exclusive

to;

a) Article 4: No one shall be held in slavery or servitude; slavery and the slave

trade shall be prohibited in all their forms;

b) Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment;

c) Article 13: Everybody has the right to freedom of movement and residence

within the borders of each state

It is essential that Australia adopts a collaborative human rights based approach to

service delivery for victims of Trafficking in Persons; a service delivery system that

does not continue the promotion and human rights violations. This however has been a

challenge as many governments including Australia often approach the issue of

Trafficking in Persons from a prosecution perspective rather than a human rights

protection position. You could argue that prosecution of perpetrators is a human right,

but again the study is looking at an equal distribution of rights.

The clear demonstration of the priority of the Australia Government to prosecute over

protect is in the obligatory participation in a Criminal Justice investigation in order to be

offered support. Whilst a lawyer will argue that prosecution is a critical part of

protection, I hypothesize at this point and invite further enquiry into the outcome of

investigations if protection and prosecution are given equal weight.

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Chapter Six Recommendations

Key to this study was the underlying practice of Anti-Oppressive Social Work. Central

to the Anti-Oppressive Social Work theory is the ability for service users to lead

intervention, and to promote an ‘Inclusive Empowerment Approach’ (Chapins, 1995)

The Inclusive Empowerment Approach is the theoretical underpinning behind the

suggestion of the following recommendations as it “underscores the need for client

perceptions of the situation to be clearly understood and incorporated” (Chapins, 1995,

p.123) in policy development.

The following recommendations are made with full acknowledgement of the victim

perspective as shared by the case studies.

Victim Recommendations

1. “The government is to understand that we come from different background and

unlike in Africa we do have options. So it’s kind of they have to give us time not

t pus us everything in a rush…when you just take everything in a rush I don’t

have say, I don’t have anything that I can do, or suggestions I can raise, what is

there. There is no way out. You just continue pushing me; and you have to

leave. If they don’t want to listen what’s made me to be here, it’s like you are

telling someone you have to enter into the hole and you don’t know the risk you

will face if you enter into that hole. So the best thing to give, is time and chance

to explain themselves and put everything to be open, this is what happened, this

is what has made me to be here... at least to have time” (Ms. Y)

2. “I think the government needs to change the name of the CJSV, it made me feel

like a criminal. I am not a criminal I am just a victim of the court case. I think if

they change the name to Victim Justice Stay Visa that would be better”. (Mr. W)

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Recommendations to reduce systematic oppression

3. A review of Australia’s law aimed at introducing new offences and enhancing

current offences to encompass the full range of trafficking offences as per the

United Nations Protocol on Trafficking in Persons (2000). This will avoid

victims being disadvantaged in pursuing an investigation or accessing support.

4. Taking an appropriate amount of time to assess cases, with consideration of how

trauma impacts the recall of events. Interviews and assessments should always

be conducted in the first language of the victim. This gives the victim the best

possible opportunity to express themselves and their experience.

5. Implementation of a systematic approach with consistent methodology used for

assessments and determinations by the Australian Federal Police.

Recommendations to ensure full protection of Human Rights

6. Introduction of a support package that is inclusive, rights based and trauma-

informed. Which includes

a. Support measures (and immigration options) for those victims unable to

participate in a criminal justice investigation;

b. Support measures that allow individuals to access their full range of

rights;

c. No explicit tie to a criminal justice investigation

7. Mandatory education for victims about the choices and rights they have under

Australian Law, presenting participation in a criminal investigation as just one

option along a spectrum.

8. Enhanced measures to allow for greater collaboration amongst service providers.

One possible suggestion is the introduction of an accord (that the victim

consents to) between agencies in order to prevent the victim from having to

repeat their story on multiple occasions.

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9. Expanding the agencies that are involved in implementing The Action Plan

(2004). This should include training of the NSW Police and other community

organisations, both play a vital role in detection and intervention of trafficking

people.

50

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Annexure

A Case Summary of Ms. Puongtong

Simaplee

Schloenhardt, A. on behalf of Human

Trafficking Working Group (2009),

‘Case Report’, The University of

Queensland, TC Beirne School of Law

B Diagnostic Criterion for 309.81 Post-

Traumatic Stress Disorder

Extract from: Diagnostic and Statistical

Manual of Mental Disorders (4th Ed.)

(1994) American Psychiatric Association,

Washington D.C

C Interview Schedule

D Letter in Supplement of Participant

Information and Consent Forms

56

ANNEXURE A

57

ANNEXURE B

58

ANNEXURE C

59

Interview Schedule

Interview A

Pre-Arrival

1. Tell me about when the suggestion to come to Australia first happened?

2. Why did you want to come to Australia?

3. Did somebody present you with an opportunity? What kind of opportunity?

4. Had you traveled to Australia before? Did you arrange your own travel to

come to Australia?

5. How did you get to Australia, Plane? Boat?

6. What were your expectations when you arrived in Australia?

Interview B

Arrival

1. What happened when you first arrived in Australia?

2. Was it what you expected to happen?

3. When did you decide you wanted to leave where you were living and or

working in Australia?

4. Why did you decide you wanted to leave?

5. How did you leave? Did somebody help you? Was it a professional, a friend

etc?

Interview C

Seeking Assistance

1. After deciding to seek assistance, who was the first person to help you?

2. How did you find this person?

3. What sort of help was offered to you?

4. Did you have choices about the help you received? If so, why did you choose

the option you did?

5. How much choice do you feel you had?

6. Do you feel like you received enough information about all of the options

before you made your choice? Who provided you with this information?

7. Would you have wanted some other support that was not offered to you?

60

8. Have you considered or thought about wanting to change support options after

you made your decision? Why?

Interview D

Ways forward

1. Do you feel uncertain about what will happen in the future? If so, why?

2. Do you feel like the support option you chose/were offered allowed you to feel

safe about your future?

3. If you were in charge of helping people, what would you do?

This question is looking for:

a. What could be done differently?

b. Is Australia doing an adequate job in helping people?

c. What could be done better?

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ANNEXURE D

62

20 March 2011

This declaration stands to supplement the inclusion of Participant Information and

Consent (PISC) forms to the annexure of this study as required by Bachelor of Social

Work Program Honours Thesis Formatting Guidelines.

This study was granted ethics approval by The University of New South Wales

Human Ethics and Advisory Committee (Approval Number: 10124). One of the key

elements of this approval was that all identifying information of the cases used in this

study would remain confidential. In order to maintain this confidentiality PISC forms

have been omitted as they include personal identifying information.

This declaration also stands to confirm that full informed consent was obtained prior

to interviewing research participants.

……………………… ………………………

Laura Vidal Dr. Eileen Pittaway

Honours Student, Primary Researcher Research Supervisor

March 2011 March 2011