Tim Watts (Gellibrand, Australian Labor Party) Share this | Hansard source

While the slave trade and slavery were outlawed across the Western world in the 19th century, slavery did not end in the 19th century. Instead, the face of modern slavery is women forced into prostitution, men forced to work in agriculture and construction and children enslaved in sweatshops. The Walk Free Foundation estimates that more than 40 million people are victims of modern slavery. That's more than 40 million of the most horrific human rights abuses possible. That's about 33 million people more than were enslaved during the history of the transatlantic slave trade in the 19th century. The more than 40 million victims of modern slavery include about 10 million children, nearly 25 million people in forced labour, more than 15 million people in forced marriage and nearly five million people in forced sexual exploitation.

This is not a problem that is distant for Australia. It is mostly happening in our region. About two-thirds of modern slavery victims are in the Asia-Pacific. For instance, the Walk Free Foundation's global slavery index suggests that more than one in 100 people living in India are enslaved. Many of the victims are slaves trapped in global supply chains of products and services that Australians use every day. Australia must be a part of the efforts to stamp out this heinous practice for the benefit of people living in our region.

Australia itself is not immune from the scourge of slavery. It is happening in our own communities. There have been more than 600 referrals over the last 14 years to the Australian Federal Police for modern slavery practices right here in Australia. This ought to shock all Australians. The Walk Free Foundation believes that there are 4,300 people who are currently trapped in modern slavery in Australia without a voice and without the strong legal protections that they need to escape. An effective modern slavery act is desperately needed for Australia to help fight the battle against the scourge of modern slavery, which afflicts so many around the world.

At our core, Labor is a party for workers and their rights. That is our very reason for being. Fighting exploitation of workers and abuses of human rights have always been central to the Labor mission. It's why we are in politics and in parliament in the first place. We will always be on the side of workers, whether they live in Western Australia or West Bengal. When it comes to modern slavery, one of the challenges is that slavery is deliberately kept in the dark and will continue to be hidden unless concerted efforts are made to expose it. Sunlight is the best disinfectant to tackle this disease. This is why last year Labor did the policy legwork to come up with a serious policy to tackle modern slavery. We took the lead in talking with business, civil society and the union movement.

Alongside the Business Council of Australia, the ACTU and the Salvation Army, we announced that Labor was committed to establishing a modern slavery act to mandate transparency in supply chains with meaningful penalties for noncompliance, along with the appointment of an independent antislavery commissioner. Labor's policy, being equipped with the right penalties and oversight, would ensure that no Australian company is either directly or indirectly engaged in modern slavery. We'd do this by ensuring that major Australian companies report on the steps that they have taken to ensure that their business is not involved in slavery or human trafficking in their supply chain. This will be publicly available so that everyone can keep these companies accountable.

We believe that slavery really should be above politics. We acknowledge that the government has brought forward the Modern Slavery Bill 2018 after some pressure from the Labor side of politics and the shadow minister, the member for Hotham, as well as parliamentary committees, representatives from civil society, businesses and unions. However, Labor does have three outstanding problems with the bill before the House: (1) the government has not included penalties for companies that breach the act; (2) it has included a business engagement unit rather than an independent antislavery commissioner; and (3) it includes forced marriage, which will likely have unintended consequences.

The act needs penalties to make sure that companies are transparent about where their products and services are coming from. Penalties are an essential part of making sure that the act can be effective at stamping out modern slavery. We should not be aiming for a compliance regime that is toothless. While Labor understands that the business community shares our vision to eradicate modern slavery, penalties are an effective way to keep business accountable. The royal commission into the banks and financial services companies is a timely reminder that we cannot always trust that business will act in the best interests of the community, including by complying with the law. The lack of penalties for big business is unsurprising from this government. It's a government that's done everything it can to run a protection racket for big business and, in particular, the big banks. In the United Kingdom, where a similar bill without penalties was implemented, three years after the act's implementation only about half of the 9,000 to 11,000 organisations that are required to report have produced a slavery and human trafficking statement. This is not an outcome that we should be seeking to replicate in Australia.

Given the severity of the problem, it's simply not good enough for companies to be able to opt out of fighting human rights violations and exploitations that they are involved in. Combatting slavery should not be optional. We shouldn't lower our standards. Stamping out slavery should not be an opt in. Companies that make money in Australia have a moral and community obligation to be open about where their products and services are coming from. The community needs to have confidence that, when they get to the counter to pay, they are not propping up companies that rely on slave labour. Consumers and voters have a right to know what steps the companies are taking to stamp out slavery. Penalties for noncompliance make this right effective.

Penalties give companies a reason to conduct investigations into themselves and to find out whether, even indirectly, they could be involved in modern slavery. This makes their business more ethical and more sustainable. As Oxfam pointed out in their submission into the Senate inquiry into this bill:

There is strong precedent for penalties for non-compliance to be a part of the Australian Act. The recently passed Modern Slavery Act in New South Wales provides for a penalty of up to 10,000 penalty points (over $A1 million) for businesses operating in NSW who do not comply or provide false or misleading statements.

There's no reason for the Commonwealth to take a weaker stance on modern slavery than New South Wales. The majority of the experts who gave evidence to the Senate committee on this matter, such as the Human Rights Law Centre, the Law Council of Australia and Oxfam, all wanted penalties to be a part of this bill. We should listen to the experts. This is why we will be moving amendments to introduce penalties for noncompliance as part of this bill.

Similarly, instead of another lapdog for big business—the business engagement unit that is currently part of the bill—we need an independent commissioner for accountability. The independent commissioner is needed to work with victims, to field inquiries and to follow up complaints. The independent commissioner is needed to monitor and scrutinise the government's work. The independent commissioner is needed to work with all organisations to help prevent and detect slavery in Australia and in supply chains. The independent commissioner is also needed to lead Australia's global efforts to fight slavery, including working with other countries and international organisations. What we don't need is another government funded cheerleader for big business. It speaks to the values and priorities of the current government—all about the top end of town rather than protecting the human rights of the most vulnerable and exploited. It has been estimated that there are around 4,300 victims of slavery in Australia, but, as Senate estimates has revealed, only seven convictions have been recorded for slavery in half a decade. We need a step-change with how this issue is handled to put a blow torch on the people and organisations that perpetuate this sickening crime here and abroad.

An independent commissioner is needed because victims are often extremely vulnerable. They need an independent body to turn to. We need an independent body to help fill in the gaps in enforcement and support services victims of modern slavery can fall into. The establishment of an independent antislavery commissioner has widespread support from organisations such as the Australian Catholic Religious Against Trafficking in Humans, Anti Slavery Australia and the ACTU. Victims of slavery deserve so much more than a big business support unit; they deserve an independent advocate.

Finally, we are also concerned that forced marriage is captured by this bill. We don't agree that forced marriage should be one of the forms of exploitation that business is required to report on. Why? Requiring businesses to investigate the married circumstances of their employees, contractors and suppliers risks driving forced marriage underground. Why? Under this government, we have not had a single successful prosecution of the forced marriage offences under the Criminal Code. Victims have limited civil protections and struggle to access government funded support. Putting the onus on business to investigate is going to make it even harder for forced marriage to be discovered. As Good Shepherd put it in their submission to the Senate inquiry:

… corporate responsibility lies with supporting the wellbeing of individuals impacted by violence, not in identification and reporting on violence.

Labor recognises there is a serious problem in Australia's response to forced marriage. Victims have limited civil protections and struggle to access government funded support. Labor is committed to establishing forced marriage protection orders and to increasing funding for civil society, the establishment of a forced marriage unit to provide a one-stop-shop to connect victims to support services and government agencies, and assistance for Australians who have been taken overseas to be married against their will.

Labor is also committed to removing the cooperation requirement, which means that victims who wish to access government funded support must agree to cooperate with law enforcement. This requirement is damaging as, often, children and other victims of forced marriage must testify against their own family in order to access vital government support. The government's announced limited trial to improve support services doesn't go far enough. So we again urge the government to match Labor's forced marriage policy commitment instead of driving forced marriage further underground, as we expect it to be an unintended consequence of the provisions in these bills.

The Modern Slavery Bill is a great concept, a great principle, and I congratulate the government for engaging on this issue, but it can be better. It needs penalties, it needs an independent commissioner and it does not need to drive forced marriage further underground. Labor will not stop fighting for an effective antislavery bill and, as I mentioned earlier, we will move amendments to try and improve the substance of this bill. So, on this note, I support the bill but urge the government to reconsider on these matters.

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