This article is more than 2 years old

This article is more than 2 years old

New modern slavery laws will fail to stop exploitation of Australian sex workers unless their work is decriminalised, advocates have warned.



The federal government is currently preparing to respond to a cross-party parliamentary inquiry’s report into modern slavery and worker exploitation.

The inquiry called for the creation of a modern slavery act, mandatory supply chain reporting for big companies and the establishment of an independent anti-slavery commissioner.

The inquiry spent some time considering how to reduce the relatively low rates of exploitation and human trafficking in the sex industry but offered little in the way of new recommendations.



The peak body for sex workers, the Scarlet Alliance, has warned those experiencing exploitation would not be helped until their work was fully decriminalised.

Most aspects of sex work are still criminalised in South Australia, Queensland, Tasmania and the Northern Territory. The Scarlet Alliance and other advocates have long campaigned for reform, saying criminalisation denies workers their basic rights and protections, and fosters exploitation and mistreatment.

Quick guide Modern slavery Show Hide What is modern slavery? About 150 years after most countries banned slavery – Brazil was the last to abolish its participation in the transatlantic slave trade, in 1888 – millions of men, women and children are still enslaved. Contemporary slavery takes many forms, from women forced into prostitution, to child slavery in agriculture supply chains or whole families working for nothing to pay off generational debts. Slavery thrives on every continent and in almost every country. Forced labour, people trafficking, debt bondage and child marriage are all forms of modern-day slavery that affect the world's most vulnerable people.

How many people are enslaved across the world? The UN's International Labour Organisation (ILO) estimates that about 21 million people are in forced labour at any point in time. The ILO says this estimate includes trafficking and other forms of modern slavery. They calculate that 90% of the 21 million are exploited by individuals or companies, while 10% are forced to work by the state, rebel military groups, or in prisons under conditions that violate ILO standards. Sexual exploitation accounts for 22% of slaves. Where does slavery exist? Slavery exists in one form or another in every country. Asia accounts for more than half of the ILO's 21 million estimate. In terms of percentage of population, central and south-east Europe has the highest prevalence of forced labour, followed by Africa, the Middle East, Asia Pacific, Latin America and the Caribbean.

Who is profiting? In 2005, the ILO estimated that illegal profits from forced labour amounted to more than $44bn. The UN's global initiative to fight trafficking says people trafficking is the third-largest global criminal industry (pdf) behind drugs and arms trafficking. The ILO estimates that people in forced labour lose at least $21bn each year in unpaid wages and recruitment fees. Slavery also exists within global supply chains, generating huge profits for those who control this industry in free labour.

Full decriminalisation has proved “the most enabling environment to ensure migrant sex workers are afforded workplace rights”, the alliance said in its submission.

But the inquiry’s final report, handed down earlier this month, included no new recommendation on the decriminalisation of sex work.

It called only for further research into trafficking in the sector and for the government to act on recommendations from an earlier inquiry into human trafficking, published in July.

The alliance’s chief executive, Jules Kim, said decriminalisation must be the priority for Australian governments in ending exploitation in the sector.

“The decriminalisation of sex work really helps,” Kim told Guardian Australia. “Having those legislative protections makes a really big difference, [it gives] access to rights and justice in the same way other occupations can access them.”

The government has also been urged to take other steps to improve a support scheme for trafficking victims, which is administered by the Department of Social Services and delivered by the Australian Red Cross.

The majority of the people referred to that scheme are from the sex industry. Police referred a total of 341 suspected trafficked people to the scheme between 2004 and March this year. A total of 191 were women who had allegedly been exploited in the sex industry.

To get help, victims currently require a referral from police. That effectively forces vulnerable people to go to law enforcement, even where they are unwilling or unable.

The Scarlet Alliance said this puts undue pressure on sex workers to pursue a prosecution.

Kim said the decoupling of the trafficking victim support program and the criminal justice system would not only help victims but also lead to stronger prosecutions.

“If that person is able to have support and think and be in a stable environment, they’re more likely to be able to assist in a successful prosecution,” she said.