Postgraduate - UnitLAW7488 - Human trafficking and the law

This unit focuses on the history, development and implementation of the international response to human trafficking as a response to irregular migration at the end of the 1990s decade. It presents the background to the responses to human trafficking under the 'narratives' of prostitution and exploitative labour migration. It examines the obligations under the Convention on Transnational Organised Crime (CTOC), the relationship between the CTOC and the two Protocols there under (the Trafficking and Migrants Protocols) and oversight of CTOC at the international level. It evaluates the definition of trafficking in the Trafficking Protocol, including the issues the definition raises in relation to prosecution of human trafficking. It examines the overlaps between human trafficking, forced labour and slavery and between human trafficking and smuggling of migrants.
It describes the implementation of the Trafficking Protocol obligations to cooperate, prevent and protect in Australian law, and the impact of a federal system on such. For example, it discusses the identification of trafficked persons through cooperation between state and federal agents, obstacles to an effective criminal justice response, and protection measures for trafficked persons. It measures the latter against the standards in other international and regional instruments, and human rights standards. It discusses new and emerging issues of human trafficking such as trafficking in the context of labour recruitment practices, and international marriage migration, and Australia's responses to such.
It also examines and evaluates Australia's external response to human trafficking within the region, through AusAID funded projects, and through working with ASEAN. It evaluates the role of international and national non-government organizations (INGOs and NGOs) in this context. It examines the lessons that Australia can learn from regional responses to human trafficking. For example, it will examine the issue of trafficking of children, and how this is dealt with under the anti- trafficking framework and in the region.
In this unit, comparisons will be made with responses in other jurisdictions, in order to evaluate Australia's legal responses to human trafficking. This unit will appeal to all students, particularly those with an interest in human rights, comparative law, international law, labour law, criminal justice and law reform.