Should Australia have a Modern Slavery Act?



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Businessman Andrew Forrest and his wife Nicola are strong advocates of anti-slavery measures.
AAP/Alan Porritt

Fiona McGaughey, University of Western Australia; Dave Webb, University of Western Australia, and Peta-Jane Hogg, University of Western Australia

There has been a flurry of activity recently in relation to establishing a Modern Slavery Act in Australia. This has included a parliamentary inquiry and Labor’s recent policy release on the topic.

Is slavery a problem in Australia?

First, there is no doubt that activities associated with modern slavery, such as human trafficking, servitude and forced labour, are grave human rights issues, requiring a dedicated and co-ordinated response.

Governments cannot solve the problem on their own. It is a particular issue in countries like India, but also occurs in Australia.

Between 2004 and 2016, the Australian Federal Police received almost 700 referrals relating to suspected human trafficking and slavery-related crimes, though only 17 people have so far been convicted of these offences.

Most recently, in February 2017, two men pleaded guilty to charges of servitude relating to their treatment of Taiwanese workers in Brisbane.

Recent media reports of exploitation of migrant workers in Western Australian farms and market gardens, Victorian farms, and in 7-Eleven retail stores nationwide, suggests this is a real – but often hidden – issue in Australia.

What developments are underway for a Modern Slavery Act in Australia?

Moves are underway in Australia to introduce new laws to tackle slavery that will operate outside the existing criminal law framework.

On February 15, a parliamentary inquiry into establishing a Modern Slavery Act in Australia was launched. The terms of reference for the inquiry specifically refer to the UK’s Modern Slavery Act and to relevant findings from the Joint Standing Committee on Foreign Affairs, Defence and Trade’s 2013 report Trading Lives: Modern Day Human Trafficking.

Although the UK’s Modern Slavery Act has seven parts, including protection for victims, civil and criminal provisions, new maritime enforcement mechanisms, and the establishment of an anti-slavery commissioner, the focus has overwhelmingly been on its impact on businesses.

The act and associated regulations require businesses with a turnover of £36 million or more to disclose what they are doing to eliminate slavery and trafficking from their supply chains and their own businesses. It appears there is support from people in the business community, and faith-based and other non-governmental organisations, for a similar business reporting initiative in Australia.

A key promoter of the introduction of a Modern Slavery Act here is businessman and philanthropist Andrew Forrest. He and his wife Nicola established Walk Free, a Perth-based international non-governmental organisation with a mission to “end modern slavery in our generation”.
Walk Free was one of the 173 organisations and individuals to make a submission to the parliamentary inquiry.

Although submissions varied in terms of how modern slavery and trafficking might best be tackled, there was broad, in-principle support for the introduction of an act. This includes submissions by businesses such as Qantas and Wesfarmers, both of which already report on their anti-slavery efforts under the UK legislation.

There is apparent bipartisan support for the initiative. The Coalition government has been exploring options for business reporting over the last several years through the Supply Chains Working Group set up as part of the National Roundtable on Human Trafficking and Slavery.

Labor has expressed strong support for the introduction of new business reporting obligations, proposing to go further than the UK by imposing penalties on businesses in Australia that fail to report on their anti-slavery efforts.

In the UK, as well as at an international level, compliance with such reporting obligations is primarily driven by considerations of public opinion.

What international obligations exist?

Several voluntary international obligations relevant to modern slavery exist. Globally, more than 9,400 organisations from over 160 countries have committed as participants to the United Nations Global Compact (UNGC). This is the world’s largest corporate sustainability initiative, actively engaging in responsible human rights and labour practices.

The Global Compact Network Australia (GCNA) brings together UNGC participants, other leading companies, non-profit organisations and universities – including the University of Western Australia – to advance these same goals in Australia.

Furthermore, the UN has guiding principles on business and human rights. Foreign Minister Julie Bishop has recently established an advisory group on the implementation of these principles.

OECD guidelines for multinational enterprises also apply to Australian businesses. For example, the associated dispute resolution mechanism has been used to bring a complaint against security firm GS4 Australia for conditions and alleged abuse of detainees on Manus Island.

Will an Australian Modern Slavery Act prove effective?

Last week’s visit to Australia by Kevin Hyland, the UK anti-slavery commissioner, was timely.

Although the UK legislation has received a cautious welcome so far, it is too early to judge whether it will have any meaningful impact on reducing worker exploitation.

In Australia, longstanding criminal laws against trafficking and slavery have not prevented their occurrence and, for the most part, have not been relied on by authorities to prosecute exploitation. The effectiveness of pursuing employers for the exploitation of migrant workers via the Fair Work Ombudsman is also limited.

By extending the responsibility to tackle exploitation to include business and not just government, it is hoped that the introduction of an Australian Modern Slavery Act will help tackle worker exploitation. However, there remains a risk that this initiative will continue the trend of side-stepping the root causes of worker exploitation in this country.

Vulnerability to workplace exploitation is closely connected to the regulation of migration and labour.

The ConversationTherefore, as well as receiving the support of Australia’s business community, any proposed solution to this problem must engage with government policies and practices affecting migration and migrant labour to reduce worker vulnerability.

Fiona McGaughey, Lecturer, Faculty of Law, University of Western Australia; Dave Webb, Associate Professor of Marketing and Business Ethics, University of Western Australia, and Peta-Jane Hogg, PhD Candidate in Law, University of Western Australia

This article was originally published on The Conversation. Read the original article.

Christian Woman Freed from Muslim Kidnappers in Pakistan


Captors tried to force mother of seven to convert to Islam.

LAHORE, Pakistan, March 11 (CDN) — A Christian mother of seven here who last August was kidnapped, raped, sold into marriage and threatened with death if she did not convert to Islam was freed this week.

After she refused to convert and accept the marriage, human traffickers had threatened to kill Shaheen Bibi, 40, and throw her body into the Sindh River if her father, Manna Masih, did not pay a ransom of 100,000 rupees (US$1,170) by Saturday (March 5), the released woman told Compass.   

Drugged into unconsciousness, Shaheen Bibi said that when she awoke in Sadiqabad, her captors told her she had been sold and given in marriage.

“I asked them who they were,” she said. “They said that they were Muslims, to which I told them that I was a married Christian woman with seven children, so it was impossible for me to marry someone, especially a Muslim.”

Giving her a prayer rug (musalla), her captors – Ahmed Baksh, Muhammad Amin and Jaam Ijaz – tried to force her to convert to Islam and told her to recite a Muslim prayer, she said.

“I took the musalla but prayed to Jesus Christ for help,” she said. “They realized that I should be returned to my family.”

A member of St. Joseph Catholic Church in Lahore, Shaheen Bibi said she was kidnapped in August 2010 after she met a woman named Parveen on a bus on her way to work. She said Parveen learned where she worked and later showed up there in a car with two men identified as Muhammad Zulfiqar and Shah. They offered her a job at double her salary and took her to nearby Thokar Niaz Baig.

There she was given tea with some drug in it, and she began to fall unconscious as the two men raped her, she said. Shaheen Bibi was unconscious when they put her in a vehicle, and they gave her sedation injections whenever she regained her senses, she said.

When she awoke in Sadiqabad, Baksh, Amin and Ijaz informed her that she had been sold into marriage with Baksh. They showed her legal documents in which she was given a Muslim name, Sughran Bibi daughter of Siddiq Ali. After Baksh had twice raped her, she said, his mother interjected that she was a “persistent Christian” and that therefore he should stay away from her.

Shaheen Bibi, separated from an abusive husband who had left her for another woman, said that after Baksh’s mother intervened, her captors stopped hurting her but kept her in chains.

 

Release

Her father, Masih, asked police to take action, but they did nothing as her captors had taken her to a remote area between the cities of Rahim Yar Khan and Sadiqabad, considered a “no-go” area ruled by dangerous criminals.

Masih then sought legal assistance from the Community Development Initiative (CDI), a human rights affiliate of the European Center for Law & Justice. With the kidnappers giving Saturday (March 5) as a deadline for payment of the ransom, CDI attorneys brought the issue to the notice of high police officials in Lahore and on March 4 obtained urgent legal orders from Model Town Superintendent of Police Haidar Ashraf to recover Shaheen, according to a CDI source.

The order ultimately went to Assistant Sub-Inspector (ASI) Asghar Jutt of the Nashtar police station. Police accompanied by a CDI field officer raided the home of a contact person for the captors in Lahore, Naheed Bibi, the CDI source said, and officers arrested her in Awami Colony, Lahore.

With Naheed Bibi along, CDI Field Officer Haroon Tazeem and Masih accompanied five policemen, including ASI Jutt, on March 5 to Khan Baila, near Rahim Yar Khan – a journey of 370 miles, arriving that evening. Area police were not willing to cooperate and accompany them, telling them that Khan Baila was a “no-go area” they did not enter even during daytime, much less at night.

Jutt told area police that he had orders from high officials to recover Shaheen Bib, and that he and Tazeem would lead the raid, the CDI source said. With Nashtar police also daring them to help, five local policemen decided to go with them for the operation, he said.

At midnight on Sunday (March 6), after some encounters and raids in a jungle area where houses are miles apart, the rescue team managed to get hold of Shaheen Bibi, the CDI source said. The captors handed over Shaheen Bibi on the condition that they would not be the targets of further legal action, the CDI source said.

Sensing that their foray into the danger zone had gone on long enough, Tazeem and Jutt decided to leave but told them that those who had sold Shaheen Bib in Lahore would be brought to justice.

Fatigued and fragile when she arrived in Lahore on Monday (March 7), Shaheen Bibi told CDN through her attorneys that she would pursue legal action against those who sold her fraudulently into slavery and humiliation.

She said that she had been chained to a tree outside a house, where she prayed continually that God would help her out of the seemingly impossible situation. After the kidnappers gave her father the March 5 deadline last week, Shaheen Bibi said, at one point she lifted her eyes in prayer, saw a cross in the sky and was comforted that God’s mighty hand would release her even though her father had no money to pay ransom.

On four previous occasions, she said, her captors had decided to kill her and had changed their mind.

Shaheen Bibi said there were about 10 other women in captivity with her, some whose hands or legs were broken because they had refused to be forcibly given in marriage. Among the women was one from Bangladesh who had abandoned hope of ever returning home as she had reached her 60s in captivity.

Masih told CDN that he had prayed that God would send help, as he had no money to pay the ransom. The day before the deadline for paying the ransom, he said, he had 100 rupees (less than US$2) in his pocket.

Report from Compass Direct News

Pakistani Muslim Tortures, Accuses Christian Who Refused Slavery


Land owner falsely charges young man with illicit sex, calls villagers to beat, burn him.

SARGODHA, Pakistan, October 29 (CDN) — A Muslim land owner in Pakistan this month subjected a 25-year-old Christian to burns and a series of humiliations, including falsely charging him with having sex with his own niece, because the Christian refused to work for him without pay.

Fayaz Masih is in jail with burns on his body after No. 115 Chitraan Wala village head Zafar Iqbal Ghuman and other villagers punished Masih for refusing to work as a slave in his fields, said the Rev. Yaqub Masih, a Pentecostal evangelist. The village is located in Nankana Sahib district, Punjab Province.

Sources said neither Fayaz Masih nor his family had taken any loans from Ghuman, and that they had no obligations to work off any debt for Ghuman as bonded laborers.

Yaqub Masih said the young man’s refusal to work in Ghuman’s fields infuriated the Muslim, who was accustomed to forcing Christians into slavery. He said Ghuman considered Masih’s refusal an act of disobedience by a “choohra,” the pejorative word for Christians in Pakistan.

On Oct. 3 Ghuman and 11 of his men abducted Masih from his home at gun-point and brought him to Ghuman’s farmhouse, according to Yaqub Masih and Yousaf Gill, both of nearby village No. 118 Chour Muslim. Gill is a former councilor of Union Council No. 30, and Yaqub Masih is an ordained pastor waiting for his denomination to assign him a church.

Fayaz Masih’s family members told Yaqub Masih that Ghuman was carrying a pistol, and that the 11 other men were brandishing rifles or carrying clubs, axes and bamboo sticks. They began beating Masih as they carried him away, calling him a choohra, Yaqub Masih said.   

Gill said that Ghuman’s farmhands tied Fayaz Masih’s hands and legs and asked him once more if he would work in Ghuman’s fields. When he again refused, Gill said, Ghuman summoned four barbers; three ran away, but he forced one, Muhammad Pervaiz, to shave Masih’s head, eyebrows, half of his mustache and half of his beard.

After they had rubbed charcoal on Masih’s face, Ghuman then announced that Masih had had relations with Masih’s 18-year-old niece, Sumeera, and called for everyone in the village to punish him. He and his men placed Masih on a frail, one-eyed donkey, Yaqub Masih and Gill said, and a mob of Muslim men and children surrounded him – beating tins, dancing and singing door-to-door while shouting anti-Christian slogans, yelling obscenities at him and other Christians, and encouraging villagers to beat him with their shoes and fill his mouth with human waste, Yaqub Masih said.

Some threw kerosene on Masih and alternately set him on fire and extinguished the flames, Gill said. He added that Muslims made a garland of old shoes from a pile of garbage and put it around Masih’s neck.

Yaqub Masih said the abuse became unbearable for the young man, and he collapsed and fell off the donkey.  

 

Police Ignore Court

Masih’s sister, Seema Bibi, told Compass that the accusation that Masih had had sex with her daughter Sumeera was utterly false. She said Ghuman made the allegation only to vent his fury at Masih for refusing to work for him.

Seema Bibi said that Ghuman told her daughter at gun-point to testify against Masih in court on Oct. 4. Sumeera surprised the Muslim land owner, however, saying under oath that Masih was innocent and that Ghuman had tried to force her to testify against her uncle. A judge ruled that Sumeera had not had illicit relations with Masih, and that therefore she was free to go home.

Her mother told Compass, however, that since then Ghuman has been issuing daily death threats to her family.

After Masih collapsed from the abuse, Yaqub Masih and Gill called local police. Police did not arrive until three hours later, at 3:30 p.m., they said, led by Deputy Superintendent of Police Shoiab Ahmed Kamboh and Inspector Muhammad Yaqub.

“They rebuked the Muslim villagers that they could have killed this Christian youth, and they told them to give him a bath at once and change his clothes, in order to reduce the evidence against them,” Gill said.

Family members of Masih said Kamboh and Inspector Yaqub arrested some of the leading figures within the mob, but soon thereafter they received a call to release every Muslim.

“Instead of taking the Muslim men into custody, they detained my brother, and he was taken to the police station,” Seema Bibi said.  

On Oct. 4 police sent Masih to District Headquarters Hospital Nankana Sahib for examination, where Dr. Naseer Ahmed directed Dr. Muhammad Shakeel to mention in the medical report how severely Ghuman and his farmhands had beaten him, Gill said. He said the medical report also stated that Masih had sustained burns and that his head, mustache, eyebrows and beard were shaved.

In spite of the court ruling that Masih had not had sex with his niece, police were coerced into registering a false charge of adultery under Article 376 of the Islamic statutes of the Pakistan Penal Code, First Information Report No. 361/10, at the Sangla Hill police station.

At press time Masih remained in Shiekhupura District Jail, said Gill. Gill also has received death threats from Ghuman, he said.

The 11 men who along with Ghuman abducted Masih and brought him to Ghuman’s farmhouse, according to Masih’s family, were Mehdi Hussain Shah and Maqsood Shah, armed with rifles; Muhammad Amin, Rana Saeed, Muhammad Osama and four others unidentified, all of them brandishing clubs; Muhammad Waqas, with an axe; and Ali Raza, bearing a bamboo stick and a club.

Report from Compass Direct News

Thousands of trafficked girls found in Mali slave camps


Nigerian girls are being forced to work as prostitutes in Mali "slave camps," Nigerian officials say, reports CISA.

The girls, many of them underage, are often promised jobs in Europe but end up in brothels, said the government’s anti-trafficking agency. According to BBC correspondent, the brothels are run by older Nigerian women who prevent them from leaving and take all their earnings.

Nigeria’s National Agency for the Prohibition of Traffic in Persons (Naptip) said officials visited Mali in September to follow up "horrendous reports" from victims, aid workers and clergy in Mali.The agency said it was working with Malian police to free the girls and help them return to Nigeria.

They said there were hundreds of brothels, each housing up to 200 girls, run by Nigerian "madams" who force them to work against their will and take their earnings.

"We are talking of thousands and thousands of girls," Simon Egede, Executive Secretary of Naptip, told a news conference in Abuja, adding that they were between 20,000 to 40,000.

He, however, did not give details as to how the figure had been reached.

In a statement, Egede said girls were "held in bondage for the purposes of forced sexual exploitation and servitude or slavery-like practices."

"The madams control their freedom of movement, where they work, when they work and what they receive," he said.

The trade is centred on the capital Bamako and large cities, but the most notorious brothels are in the mining towns of Kayes and Mopti, where the sex workers live in "near slavery conditions," said Naptip.

Many of the brothels there also had abortion clinics where foetuses were removed by traditional healers for use in rituals, said Egede.

Most of the girls were reported to have come from Delta and Edo States in Nigeria.

Many were lured with the promise of work in Europe, given fake travel documents and made to swear an oath that they would not tell anyone where they were going.

On arrival in Mali, they were told they would have to work as prostitutes to pay off their debts. Prostitution is legal in Mali but not if it involves minors.

Naptip said it had also uncovered two major trafficking routes used to transport the women from Nigeria through Benin, Niger and Bukina Faso to Mali.

Egede said Naptip was working with the police in Mali to return the girls to Nigeria safely, shut down the trade and prosecute the traffickers.

Report from the Christian Telegraph

New Threats, Old Enmity Pummel Nepal’s Christians


Armed group that forced over 1,500 government officials to quit now threatens pastors.

KATHMANDU, Nepal, September 16 (CDN) — A year after police busted an underground militant Hindu organization that had bombed a church and two mosques, Nepal’s Christians are facing new threats.

An underground group that speaks with bombs and has coerced hundreds of government officials into quitting their jobs is threatening Christian clergy with violence if they do not give in to extortion demands, Christian leader said.

The Nepal Christian Society (NCS), an umbrella group of denominations, churches and organizations, met in the Kathmandu Valley yesterday (Sept. 15) to discuss dangers amid reports of pastors receiving phone calls and letters from the Unified National Liberation Front (Samyukta Jatiya Mukti Morcha), an armed group demanding money and making threats. The group has threatened Christian leaders in eastern and western Nepal, as well as in the Kathmandu Valley.

“The pastors who received the extortion calls do not want to go public for fear of retaliation,” said Lok Mani Dhakal, general secretary of the NCS. “We decided to wait and watch a little longer before approaching police.”

The Front is among nearly three dozen armed groups that mushroomed after the fall of the military-backed government of the former king of Nepal, Gyanendra Bir Bikram Shah, in 2006. It became a household name in July after 34 senior government officials – designated secretaries of village development committees – resigned en masse, pleading lack of security following threats by the Front.

Ironically, the resignations occurred in Rolpa, a district in western Nepal regarded as the cradle of the communist uprising in 1996 that led to Nepal becoming a secular federal republic after 10 years of civil war.

Nearly 1,500 government officials from 27 districts have resigned after receiving threats from the Front. Despite its apparent clout, it remains a shadowy body with little public knowledge about its leaders and objectives. Though initially active in southern Nepal, the group struck in the capital city of Kathmandu on Saturday (Sept. 11), bombing a carpet factory.

The emergence of the new underground threat comes a year after police arrested Ram Prasad Mainali, whose Nepal Defense Army had planted a bomb in a church in Kathmandu, killing three women during a Roman Catholic mass.

Christians’ relief at Mainali’s arrest was short-lived. Besides facing threats from a new group, the community has endured longstanding animosity from the years when Nepal was a Hindu state; the anti-Christian sentiment refuses to die four years after Parliament declared the nation secular.

When conversions were a punishable offense in Nepal 13 years ago, Ishwor Pudasaini had to leave his home in Giling village, Nuwakot district, because he became a Christian. Pudasaini, now a pastor in a Protestant church, said he still cannot return to his village because of persecution that has increased with time.

“We are mentally tortured,” the 32-year-old pastor told Compass. “My mother is old and refuses to leave the village, so I have to visit her from time to time to see if she is all right. Also, we have some arable land, and during monsoon season it is imperative that I farm it. But I go in dread.”

Pudasaini, who pastors Assembly of God Church, said that when he runs into his neighbors, they revile him and make threatening gestures. His family is not allowed to enter any public place, and he is afraid to spend nights in his old home for fear of being attacked. A new attack occurred in a recent monsoon, when villagers disconnected the family’s water pipes.

“Things reached such a head this time that I was forced to go to the media and make my plight public,” he says.

Pudasaini, his wife Laxmi and their two children have been living in the district headquarters, Bidur town. His brother Ram Prasad, 29, was thrown out of a local village’s reforms committee for becoming a Christian. Another relative in the same village, Bharat Pudasaini, lost his job and was forced to migrate to a different district.

“Bharat Pudasaini was a worker at Mulpani Primary School,” says Pudasaini. “The school sacked him for embracing Christianity, and the villagers forced his family to leave the village. Even four years after Nepal became officially secular, he is not allowed to return to his village and sell his house and land, which he wants to, desperately. He has four children to look after, and the displacement is virtually driving the family to starvation.”

Since Bidur, where the administrative machinery is concentrated, is safe from attacks, Pudasani said it is becoming a center for displaced Christians.

“There are dozens of persecuted Christians seeking shelter here,” he said.

One such displaced person was Kamla Kunwar, a woman in her 30s whose faith prompted her husband to severely beat her and throw her out of their home in Dhading district in central Nepal. She would eventually move in with relatives in Nuwakot.

Pudasaini said he chose not to complain of his mistreatment, either to the district administration or to police, because he does not want to encourage enmity in the village.

“My religion teaches me to turn the other cheek and love my enemies,” he said. “I would like to make the village come to Christ. For that I have to be patient.”

Dozens of villages scattered throughout Nepal remain inimical to Christians. In May, five Christians, including two women, were brutally attacked in Chanauta, a remote village in Kapilavastu district where the majority are ethnic Tharus.

Once an affluent people, the Tharus were displaced by migrating hordes from the hills of Nepal, as well as from India across the border, and forced into slavery. Today, they are considered to be “untouchables” despite an official ban on that customary practice of abuse and discrimination. In the villages, Tharus are not allowed to enter temples or draw water from the sources used by other villagers.

Tharus, like other disadvantaged communities, have been turning to Christianity. Recently five Tharu Christians, including a pastor and two evangelists, were asked to help construct a Hindu temple. Though they did, the five refused to eat the meat of a goat that villagers sacrificed before idols at the new temple.

Because of their refusal, the temple crowd beat them. Two women – Prema Chaudhary, 34, and Mahima Chaudhary, 22 – were as badly thrashed as Pastor Simon Chaudhari, 30, and two evangelists, Samuel Chaudhari, 19, and Prem Chaudhari, 22.

In June, a mob attacked Sher Bahadur Pun, a 68-year-old Nepali who had served with the Indian Army, and his son, Akka Bahadur, at their church service in Myagdi district in western Nepal. Pun suffered two fractured ribs.

The attack occurred after the Hindu-majority village decided to build a temple. All villagers were ordered to donate 7,000 rupees (US$93), a princely sum in Nepal’s villages, and the Christians were not spared. While the Puns paid up, they refused to worship in the temple. Retaliation was swift.

The vulnerability of Christians has escalated following an administrative vacuum that has seen violence and crime soar. Prime Minister Madhav Kumar Nepal, who had been instrumental in the church bombers’ arrest, resigned in June due to pressure by the opposition Maoist party. Since then, though there have been seven rounds of elections in Parliament to choose a new premier, none of the two contenders has been able to win the minimum votes required thanks to bitter infighting between the major parties.

An eighth round of elections is scheduled for Sept. 26, and if that too fails, Nepal will have lost four of the 12 months given to the 601-member Parliament to write a new constitution.

“It is shameful,” said Believers Church Bishop Narayan Sharma. “It shows that Nepal is on the way to becoming a failed state. There is acute pessimism that the warring parties will not be able to draft a new constitution [that would consolidate secularism] by May 2011.”

Sharma said there is also concern about a reshuffle in the largest ruling party, the Nepali Congress (NC), set to elect new officers at its general convention starting Friday (Sept. 17). Some former NC ministers and members of Parliament have been lobbying for the restoration of a Hindu state in Nepal; their election would be a setback for secularism.

“We have been holding prayers for the country,” Sharma said. “It is a grim scene today. There is an economic crisis, and Nepal’s youths are fleeing abroad. Women job-seekers abroad are increasingly being molested and tortured. Even the Maoists, who fought for secularism, are now considering creating a cultural king. We are praying that the political deadlock will be resolved, and that peace and stability return to Nepal.”

Report from Compass Direct News