In its final sitting week of 2017, the Federal Parliament did us proud.

Of course, the main achievement was legalising same-sex marriage before the year’s end. But the Parliamentary Committee charged with conducting the Inquiry into establishing a Modern Slavery Act in Australia (the Inquiry) also handed down its final report, which has been widely commended for its innovative and ambitious recommendations.

Background

The Inquiry commenced in mid-February 2017 with a pretty demanding mandate. Its Terms of Reference ranged from investigating the nature and extent of modern slavery, both in Australia and globally, to considering international best practice in addressing the problem.

The Committee released its interim report in mid-August, indicating its intent to recommend the introduction of a Modern Slavery Act (the Act) in Australia inspired by similar legislation in the UK. It provided specific support for two aspects of the UK Act: mandatory supply chain reporting and the establishment of an Independent Anti-Slavery Commissioner. In the interim report, the Committee also committed to the consideration of including provisions in the Act relating to orphanage tourism, victim support and Australia’s visa regime.

Even before the release of the interim report, the Government agreed to introduce a supply chain reporting requirement and released a consultation paper seeking comment on a proposed model.

Final report

The final report is both a credit to the Committee members and a testament to the quality of submissions and witnesses who appeared before the Inquiry. Titled Hidden in Plain Sight, the final report provides a detailed and accurate picture of the occurrence of modern slavery in Australia and overseas and how it might best be addressed.

Hidden in Plain Sight is separated into nine sections, each focusing on a different aspect of modern slavery.

The first chapter provides background on the Inquiry, including the initiatives that have already been implemented in Australia to combat modern slavery and an outline of the report’s contents.

The second chapter considers whether there is a need for a Modern Slavery Act in Australia. While many of the provisions of the UK Act are already part of Australia’s legislative framework for addressing modern slavery, the Committee identified several gaps in our approach. It also noted the potential benefit of consolidating Australia’s legislation into a single ‘Modern Slavery Act’ in raising awareness of the issue. Ultimately, the Committee recommended introducing mandatory supply chain reporting and the establishment of an Independent Anti-Slavery Commissioner to bring Australia in line with requirements in the UK. It also made several suggestions for building on the UK Act, including improving support for and protection of survivors of modern slavery.

The third chapter summarises the available data and evidence of the prevalence of modern slavery both overseas and in Australia. The report acknowledges that due to the lack of an agreed definition of ‘modern slavery’ there are significant challenges in measuring its prevalence. However, the Committee maintains that Australia should continue its international leadership role – particularly in the Asia Pacific where estimates indicate that modern slavery is most prevalent – and dedicate more resources to support the Australian Institute of Criminology to develop an enhanced research and monitoring program.

The report then outlines in chapter four in detail the role of the proposed Independent Anti-Slavery Commissioner including the scope of the Commissioner’s powers, level of independence, and its interaction with pre-existing bodies of a similar nature, such as the Attorney-General’s Department and the Ambassador for People Smuggling and Human Trafficking.

The fifth chapter considers the practicalities of introducing a modern slavery reporting requirement for supply chains. Businesses would be required to report annually on the prevalence of modern slavery in their supply chains and a publicly accessible repository of reports would be established. It ultimately recommends that such a requirement be introduced, with a revenue threshold of $50 million and penalties for those who fail to report (applying to the second year of reporting onwards).

The sixth chapter calls for a more victim-centred approach to combating modern slavery. In the past, victim support and protection have been contingent on a victim participating in police investigations and criminal prosecutions. The report makes the laudable recommendation of de-linking access to the Support for Trafficked People Program and the Human Trafficking Visa Framework (including the Bridging F visa and Referred Stay (Permanent) visa) from compliance with criminal investigations. It also recommends extending the period of support for both the Bridging F visa and the Support for Trafficked People Program from 45 to 90 days, with the option of multiple extensions.

Even more encouragingly, the Committee recommends introducing a defence for victims of modern slavery who are compelled to commit a crime during the period in which they are exploited. It also suggests a national victim compensation scheme should be implemented where, at present, the available compensation varies among the states and territories. If the recommendations are implemented by the Government, victims will also have the right to sue those responsible.

In relation to criminal justice responses to incidences of modern slavery, the Committee recommends in chapter 7 a more coordinated approach be adopted. The report also recommends specialised modern slavery training for law enforcement and staff of frontline agencies including Medicare.

Orphanage trafficking breakthrough

The report then addresses in chapter 8 concerns related to orphanage trafficking.

Through the publication of this report, Australia is the first country to formally recognise the connection between orphanage trafficking and modern slavery.

It makes extensive recommendations, including the establishment of a national awareness campaign, the prioritisation of aid and funding to community-based initiatives and family preservation, and introducing minimum ‘external conduct standards’ for organisations operating overseas.

The most innovative recommendation is around introducing a register of overseas institutions that meet these standards. The report then recommends that penalties eventually be imposed on individuals, businesses, organisations and other entities that continue to support unregistered orphanages (by funding ‘orphanage tourism’ visits and/or establishing, funding, or donating to them) after the two year transition period.

Finally, in chapter 9 the report recommends an in-depth review of Australia’s visa framework for migrants to replace or eliminate ‘tied’ visa conditions which often make such migrants vulnerable to exploitation and modern slavery. This recommendation was made in the light of several high profile cases of labour exploitation involving backpackers and working holiday visa holders in the horticultural industry in regional Australia.

Conclusion

While the report is highly comprehensive and represents a strong commitment across the political spectrum towards eliminating modern slavery, more work needs to be done to ensure that the private sector plays its role in complying with the recommendations and actively re-thinking how they can identify and limit modern slavery in the course of business activities.

Hopefully, urgent implementation of the Committee’s report will be at the forefront of the Government’s mind as we head into the first sitting week of 2018.

More on BucketOrange Magazine

• Human Trafficking Training For Flight Attendants Unlikely As Government Sticks Head In Sand
• New Modern Slavery: Australia Leading Fight Against Orphanage Tourism
• Find Another Way To Feel Better About Yourself ‘Do-Gooder’: The Narcissism Of Voluntourism

Voluntourism – a combination of volunteering and tourism – has become an incredibly popular way to travel and experience new destinations. But the industry has a dark side. Rising to prominence as a by-product of privileged, mostly Western, tourists wanting to ‘do good’ and tick a box on their CV, voluntourism is increasingly being recognised for what it is – a major problem with a global impact.

What is voluntourism?

Also known as volunteer tourism, volunteer holidaying and volunteer travel, voluntourism is the convergence of international volunteering and tourism.

Basically, it is a rapidly-expanding industry that involves travellers volunteering their time for worthy causes or charities. Commonly this involves work in underprivileged communities in developing countries for social or environmental purposes. The ultimate goal of many programs is to engage in sustainable community development or conservation work that alleviates poverty and restores buildings or other structures or assists children in orphanages (among other things).

The practice of voluntourism is heavily promoted as an alternative way to gain an authentic travel experience. For many volunteers, this creates an artificial expectation of responsible tourism – ‘do good’, and ‘feel good’ while you do it.

Increasingly, however, questions have been raised around the ‘misconceived idealism’ of voluntourism and whether the practice is purely an exercise in narcissism for travellers. More often than not, rewards for host communities are not commensurate with the swift ego boost for volunteers and the overall profit travel companies derive from organising these activities.

Why is voluntourism a problem?

Sustainable development projects are among the most problematic ways to volunteer overseas.

Work that could have been completed by local skilled labourers is given to tourists with no experience in building infrastructure, in aid of giving them a warm and fuzzy feeling and the illusion of altruism. In many cases, host communities are left with dilapidated and unstable structures that are useless within a few months.

Is voluntourism fuelling the paper orphan trade?

Arguably the worst way to spend time volunteering overseas is at orphanages.

While Australia does not allow unskilled tourists or volunteers to have unchecked access to vulnerable children, voluntourism gives well-intentioned, unskilled and unqualified overseas visitors unfettered access to children.

Despite the documented negative psychological and emotional effects residential care can have on children, the number of orphanages has increased in many developing countries. This is to meet the rising demand from tourists even though the overall number of genuine orphans has decreased.

Increased demand for such volunteering opportunities has seen the emergence of a new business model. Owners of sham orphanages travel to poor communities and convince vulnerable families that their children would be better off in a boarding school with access to education.

Once recruiters sell children into an orphanage, documents are falsified and their identities are changed. Due to name changes, families are no longer able to locate their children. Many charities and NGOs refer to such children as ‘paper orphans’ as they are not genuine orphans. Nepal, Cambodia, Ghana and Uganda are among the countries worst affected by the paper orphan trade, with UNICEF estimating that of the
8-million children living in institutions globally, more than 80% are not genuine orphans.

According to The Guardian, Nepal’s bogus orphan trade is being fuelled by voluntourism:

It is a business model built on a double deception: the exploitation of poor families in rural Nepal and the manipulation of wealthy foreigners. In the worst cases, tourists may be unwittingly complicit in child trafficking.”

The shocking result? Families in rural areas are manipulated into giving up their children who are exploited to generate money for a profit-driven system, either by their residence which is used to encourage orphanage donations from tourists, or by being trafficked. The fees orphanages charge volunteers line the pockets of owners, while children are often abused and live in appalling conditions.

The orphanage profits in many ways from the presence of these ‘paper orphans.’ Some orphanages encourage volunteers to come and spend time with the children, profiting through the fees they charge and lower care costs due to the free labour that volunteers provide. Others have their ‘orphans’ dance or sing to encourage donations.” – The Conversation.

Unfortunately, if you travel to developing countries with the intention of volunteering at orphanages without doing your due diligence, you are feeding into a corrupt system that does more harm than good. It’s a misguided attempt to support poverty-stricken communities that often becomes more of an exercise in narcissism than it does in promoting the common good.

Western volunteers have, perhaps, unwittingly endorsed the commodification of children with money and ignorance.

Of course, many of us don’t even realise this problem exists. While Save the Children and UNICEF have campaigned against voluntourism for years, the issue has failed to gain the traction it deserves.

According to Save The Children:

Child protection specialists have also raised concerns about the presence of short-term foreign volunteers in residential care institutions and the potential for them to create confusion around identity and culture.”

Illegality of voluntourism

Voluntourism attracts over 30,000 tourists to Nepal each year.

With widely publicised volunteering programs, few foreigners consider whether it is actually legal for them to do so. In its report on The Paradox of Orphanage Volunteering, Next Generation Nepal reports that international volunteering is illegal for many tourists.

Clause 19 of the Immigration Act 1994 states:

(1) A foreigner having obtained a visa as a tourist or his family member
pursuant to these Rules shall not be allowed to work, with or without
receiving remuneration, in any industry, business, enterprise or
organisation during his stay in Nepal.

(2) A foreigner having obtained a visa pursuant to these Rules shall not be
allowed to carry out any work other than that for which purpose he has
obtained the visa.

Day-to-day, however, most visitors do not apply for work permits. The dichotomy between the official position and what happens in practice has presented additional challenges to combating unethical voluntourism programs.

A way forward

The devastating effect that well-meaning efforts can have on local communities is a harsh reality. But it is one that we must come to terms with if the damaging impact of voluntourism, including the fraudulent trade in paper orphans, is to end.

If you are considering volunteering your time and labour overseas next year, make sure your expectations are realistic. Research legitimate and ethical programs dedicated to recruiting skilled volunteers which can, and do, have a positive impact on local communities. Avoid visiting and donating to orphanages as this perpetuates a cycle of child trafficking.

If you wish to volunteer with children, choose organisations that are dedicated to locating and reuniting paper orphans with their families and communities. The best volunteer programs provide support, opportunities and skills development for families and children within their existing community.

The fact of the matter is that as long as a market for voluntourism exists, paper orphans will continue to be created and exploited. To disrupt this fraudulent trade, perhaps it is time that we find another way to feel better about ourselves.

Further Information

• Australian Volunteers International – provides opportunities for skilled Australians to contribute to the Australian Government’s aid program.

• United Nations Volunteers – (UNV Program)

• ReThink Orphanages – a group of non-governmental organisations that campaign to end the exploitative trade of children. They advise anyone considering volunteering overseas to research carefully before deciding to support assistance programs and orphanages.

• Forget Me Not – an international NGO originally established to fund best-practice orphanages. It has since changed its focus to finding and returning paper orphans to their families. Forget Me Not also assists children to reintegrate with their community.

• Cambodia Childen’s Trust – focused on reuniting paper orphans with their families and communities.

• Next Generation Nepal – reunites orphanage-trafficked children with their families.