University of Technology Sydney

76034 Law of Slavery and Human Trafficking

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2024 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 70616 Australian Constitutional Law OR (76110c Introduction to Public International Law AND 70110 Introduction to Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78222 Law of Slavery and Human Trafficking AND 78223 Law of Slavery and Human Trafficking

Description

This subject examines and evaluates the evolution of international and domestic legal responses to human trafficking and modern slavery. Slavery, servitude, forced labour, forced marriage and human trafficking are transnational crimes and violations of human rights. Students investigate and evaluate developments in international and domestic legal responses to human trafficking and modern slavery, within an international law and human rights framework. While the subject addresses international law, it also examines the practical application of the law of slavery and human trafficking in the Australian context. Key areas of focus include: the international legal framework; legal definitions, including the concept of ‘modern slavery’; domestic responses to human trafficking and modern slavery; the intersection between migrant worker exploitation and ‘modern slavery’; the gendered dimensions of slavery; human trafficking and international refugee law; and slavery and trafficking in persons as a crime against humanity. State responsibility at international law is examined to develop students' understanding of the obligations to protect and support victims of slavery and trafficking in persons, as well as provide access to effective remedies.

Students conduct independent legal research about critical issues in the evolution of international and domestic legal responses to human trafficking and slavery. Students collaborate with peers to examine critical issues raised in recent Australian reviews of Modern Slavery Act 2018(Cth) and the criminal justice response, as well as international and domestic jurisprudence. Drawing on recent cases, news reports and research, students critically evaluate the law of slavery and human trafficking in practice and deploy their legal research skills to contribute to current law and policy reform debates.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Identify and analyse the social and legal contexts underpinning slavery and human trafficking and evaluate international obligations and the role of international agreements in the development of effective responses internationally and in the domestic sphere, including criminal justice responses.
2. Critique and evaluate international and domestic legal definitions, legal frameworks, and propose improvements to state responses to slavery and human trafficking including through legislative reform and criminal justice processes.
3. Apply research and evidence related to slavery and human trafficking to formulate and refine workable responses to prevent trafficking, protect those trafficked and improve monitoring mechanisms and responses.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge including:
    a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
    b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
    c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
    d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1)
  • Ethics and Professional Responsibility
    A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
    a. An understanding of approaches to ethical decision making and professional responsibility;
    b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
    c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
  • Communication
    Effective and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to communicate to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. An ability to assess how messages are received and alter communication strategies accordingly; and
    e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
  • Collaboration
    Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
    a. An ability to give and receive feedback;
    b. Appropriate professional and interpersonal skills in working collaboratively;
    c. A capacity to develop strategies to successfully negotiate group challenges; and
    d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)

Teaching and learning strategies

Strategy 1: Learning through preparation, research and online modules

Students are expected to complete Canvas online learning modules and readings prior to the first face-to-face class and to contribute to online discussions on Canvas in a professional and collegial way. Preparation will ensure students can participate actively in class activities and develop their research skills.

Strategy 2: Engagement with lectures, subject experts, and the law of slavery and human trafficking in practice

Lectures and expert sessions introduce, explain and develop knowledge, and outline major concepts, theories and principles. Guest panelists contribute practical and international knowledge, providing experience and expertise highlighting the real-world complexity of this area of law. Through discussion students develop a strong foundation in key theoretical principles, complemented by a practitioner’s view of how the law is applied.

Strategy 3: Active seminar engagement, collaboration and seeking feedback

Students critically evaluate contentious issues in the Law of Slavery and Human Trafficking through collaborative engagement with peers in a research, development and pitching process during class. All students should bring along their mobile devices or laptop/computers to undertake in-class research for their group pitch. Students take ownership over their own learning by collaborating in small groups to analyse areas of particular need and leading their peers to prioritise the issues that will be addressed by the class. Throughout the subject students continue to provide peer support, advice and feedback in small groups as they develop their research outcomes. Students also debrief and support each other in discussions with the subject coordinator as they work with the often-confronting subject matter.

Strategy 4 Independent planning, research and development

Students are introduced to the research approaches and methods in this area through their individual preparation and in class discussions. Following the first class, students select the area they will research and prepare a proposal (Assessment task 1) for their work on a research based outcome (Assessment task 2). This approach mirrors the experience of professional researchers and prepares students to actively contribute to developing and implementing solutions that draw on the best existing knowledge. By receiving early feedback regarding their research proposal, students are able to develop their research and writing skills, critical analysis and reflective learning.

Strategy 5: Reflection and Feedback

Reflection and feedback is essential for learning and feedback is provided through consistent subject coordinator feedback during active engagement in class discussion, self-assessment, and critical engagement and collaboration with peers.

Subject Delivery:

An introductory session, five intensive sessions with additional self-paced online learning modules.

Content (topics)

Topic 1 - International and domestic context of slavery and human trafficking

Topic 2 - Australia’s response to slavery and human trafficking including the effectiveness of the Modern Slavery Act and the criminal justice response to slavery and trafficking persons, vulnerability to slavery and human trafficking, identification procedures, and state responsibility for trafficking and slavery.

Topic 3 - International obligations to protect and support trafficked people and provide access to remedies

Topic 4 - What works to address modern slavery? Issues of compliance, evaluation, and effectiveness.

Topic 5 - Specific legal issues: the principle of non-punishment, corporate responsibility for modern slavery in supply chains and other emerging issues.

Assessment

Assessment task 1: Research essay proposal

Intent:

This assessment task provides students with the opportunity to develop their ability to draft a concise abstract for a research proposal.

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

LAW.2.1, LAW.4.1, LAW.5.1 and LAW.6.1

Weight: 20%
Length:

500 words

Criteria:
  • Identification of a relevant research question and consideration of how research could contribute to knowledge and understanding about legal responses to human trafficking and modern slavery
  • Demonstrated skills in legal research, and an awareness of relevant law and any potential ethical issues in research
  • Identification of sources considered in developing research proposal, including at least two key sources from the course readings.
  • Structure and expression, including correct spelling, grammar and accurate referencing (AGLC4)

Assessment task 2: Research Outcome

Intent:

In this task students build on assessment 1 through feedback and with a focus on outcomes for their selected stakeholder group.

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

LAW.2.1, LAW.4.1, LAW.5.1 and LAW.6.1

Weight: 60%
Length:

2499 words

Criteria:
  • Taking initiative to critically and creatively develop a clear response to a clearly articulated research question.
  • Demonstrate skills in legal research, and an accurate understanding of relevant law and any ethical issues in research
  • Critical analysis (identify, develop and evaluate a convincing synthesis and analysis of sources, ability to identify and assess strong and weak arguments and engage with competing arguments)
  • Articulation of clear and coherent arguments, logically structured and supported by evidence from appropriate primary and secondary sources and supplementary material
  • Structure and expression, including correct spelling, grammar and accurate referencing (AGLC4)

Assessment task 3: Class Participation assessment

Intent:

In this task students practise and receive feedback on how to reflect deeply and articulate a response to this important and, at times, challenging area of the law and practice.

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

LAW.1.1, LAW.2.1, LAW.4.1, LAW.5.1 and LAW.6.1

Weight: 20%
Length:

N/A

Oppositional self-assessment rubric + shadow grade and comment.

Final grade (no comment).

Criteria:
  • Preparation for seminars and consistency of engagement in online modules and seminar program;
  • Evidence of ongoing critical thinking, reflection on course material and feedback, and development of legal research skills;
  • Quality of participation in seminar activities, reflective and respectful engagement in collaborative discussions with peers;
  • Pose questions to gain feedback on their developing understanding of the relevant law throughout session.

Required texts

Anne Gallagher, International Law of Human Trafficking, (Cambridge University Press, 2010).

Recommended texts

Berg, Laurie, Migrant Rights at Work: Law's Precariousness at the Intersection of Immigration and Labour. London: New York, 2016, chapter 8.

Gallagher, Anne T, The International Law of Migrant Smuggling, New York: Cambridge University Press, 2014.

Nolan, Justine and Martijn Boersma, Addressing Modern Slavery (NewSouth Publishing, 2019).

O'Connell Davidson, Julia, Modern Slavery: the margins of freedom. Houndmills, Basingstoke, Hampshire; New York, NY: Palgrave Macmillan, 2015.

Vijeyarasa Ramona, Sex, Slavery and the Trafficked Woman: Myths and Misconceptions About Trafficking and its Victims (Routledge, 2015).

References

International Conventions

Abolition of Forced Labour Convention C105, opened for signature 25 June 1957, ILO No C105 (entered into force 17 January 1959).

Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, GA Res 60/147, 60th sess, 64th plen mtg, Agenda Item 71(a), UN Doc A/RES/60/147 (21 March 2006, adopted 16 December 2005).

Convention on the Elimination of All Forms of Discrimination Against Women, opened for signature 18 December 1979, 660 UNTS 195 (entered into force 3 September 1981) (‘CEDAW’).

Convention on the Rights of the Child (opened for signature 20 November 1989) 1577 UNTS 3 (entered into force 2 September 1990).

Convention Concerning Decent Work for Domestic Workers Domestic Workers Convention C189, opened for signature 16 June 2011, ILO No. C189, Geneva 100th ILC session (entered into force 5 September 2013).

Forced Labour Convention C29, opened for signature 28 June 1930, ILO No C29 (entered into force 1 May 1932).

International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976)

International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976).

International Convention to Suppress the Slave Trade and Slavery, opened for signature 25 September 1926, 212 UNTS 17 (entered into force 18 June 1927).

International Protocol P029 of 2014 to the Convention Concerning Forced or Compulsory Labour (the Forced Labour Convention of 1930), opened for signature 11 June 2014, ILO No. PO29, Geneva 103rd ILC session (entered into force 9 November 2016).

Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, opened for signature 25 May 2000, 2173 UNTS 222 (entered into force 12 February 2002).

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, opened for signature 16 March 2001, 2171 UNTS 227 (entered into force 18 January 2002).

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime opened for signature 15 November 2000, 2237 UNTS 319 (entered into force 25 December 2003).

Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, opened for signature 7 September 1956, 226 UNTS 3 (entered into force 30 April 1957).

United Nations Convention against Transnational Organized Crime, opened for signature 8 January 2001, 2225 UNTS 209 (entered into force 8 January 2001).

United Nations Convention relating to the Status of Refugees, 189 UNTS 150, opened for signature 28 July 1951 (entered into force April 22, 1954).

Worst Forms of Child Labour Convention C182, opened for signature 17 June 1999, ILO No C182 (entered into force 19 November 2000).

Reports by United Nations and International Organisations

United Nations

United Nations Human Rights Council, Implementation of the non-punishment principle: Report of the Special Rapporteur on trafficking in persons, especially women and children, Siobhán Mullally, 47th sess, Agenda Item 3, UN Doc A/HRC/47/34 (17 May 2021).

United Nations Human Rights Council, Trafficking in persons, especially women and children: Report of the Special Rapporteur on trafficking in persons, especially women and children, 44th sess, Agenda Item 3, UN Doc A/HRC/44/45 (6 April 2020).

United Nations Office on Drugs and Crime, Female Victims of Trafficking for Sexual Exploitation as Defendants: A Case Law Analysis (Report, 2020).

United Nations Human Rights Council, Summary of the consultations held on the draft basic principles on the right to effective remedy for victims of trafficking in persons: Report of the United Nations High Commissioner for Human Rights, 26th sess, Agenda Items 2 and 3, UN Doc A/HRC/26/18 (2 May 2014) annex (‘Basic principles on the right to an effective remedy for victims of trafficking in persons’).

United Nations Human Rights Council, Report of the Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo: Addendum, Mission to Australia, 20th sess, Agenda Item 3, UN Doc A/HRC/20/18/Add.1 (18 May 2012).

UNHCR, OHCHR, UNICEF, UNODC, ILO and UN Women, Prevent. Combat. Protect. Human Trafficking – Joint UN Commentary on the EU Directive – A Human Rights-Based Approach (Commentary, 2011).

United Nations Human Rights Council, Report of the Special Representative of the SecretaryGeneral on the issue of human rights and transnational corporations and other business enterprises, John Ruggie: Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, 17th sess, Agenda Item 3, UN Doc A/HRC/17/31 (21 March 2011).

United Nations, Commentary on the Recommended Principles and Guidelines on Human Rights and Human Trafficking, November 2010, HR/PUB/10/2, <http://www.refworld.org/docid/4d2eb7cf2.html>.

United Nations Office on Drugs and Crime Division, Model Law against Trafficking in Persons (6 July 2009) <http://www.unodc.org/unodc/en/frontpage/2009/July/model-law-on-trafficking-in-persons-.html>.

UNHCR, Guidelines on International Protection No. 7: The Application of Article 1A(2) of the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugees to Victims of Trafficking and Persons At Risk of Being Trafficked, 7 April 2006, HCR/GIP/06/07.

United Nations Office on Drugs and Crime Division, Legislative Guides for the implementation of the United Nations Convention Against Transnational Organized Crime and the Protocols Thereto, Part 2 (2004) < http://www.unodc.org/unodc/en/treaties/CTOC/legislative-guide.html >.

International Labour Organization

International Labour Organization, Working from home: From invisibility to decent work (Report, 2021).

International Labour Organization, Global Estimates of Modern Slavery: Forced Labour and Forced Marriage (Geneva, 2017) <http://www.ilo.org/wcmsp5/groups/public/@dgreports/@dcomm/documents/publication/wcms_575479.pdf>.

International Labour Organization, The New Protocol and Recommendation at a Glance, 2016

<http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_508317.pdf>.

International Organization for Migration

International Organization for Migration, Trafficking in Persons: Victim Identification and Assistance (Training Guide, 2020) <https://publications.iom.int/system/files/pdf/trafficking-in-persons-training-guide.pdf

International Organization for Migration, Migrants and their vulnerability to human trafficking, modern slavery and forced labour (Report, 2019) <https://publications.iom.int/system/files/pdf/migrants_and_their_vulnerability.pdf >

Australian Legislation

Crimes Act1914 (Cth) Part IAD– Protecting Vulnerable Persons Crimes Act 1914 (Cth) 21B.
Criminal Code Act 1995 (Cth) Div 270
Criminal Code Act 1995 (Cth) Div 271
Criminal Code Amendment (Slavery and Sexual Servitude) Offences Act 1999 (Cth)
Criminal Code Amendment (Trafficking in Persons Offences) Act 2005 (Cth)
Crimes Legislation Amendment (Slavery, Slavery-Like Conditions and People Trafficking) Act 2013 (Cth)
Fair Work Act 2009 (Cth)
Migration Act 1958 (Cth)
Modern Slavery Act 2018 (Cth)
Modern Slavery Act 2018 (NSW)

Australian case law

Selected cases

The Queen v Tang (2008) 237 CLR 1

Sieders v R; Somsri v R [2008] 72 NSWLR 417; NSWCCA 187 (Appeal)

R v Dobie [2009] 236 FLR 455; QCA 394 (First appeal); R v Dobie [2010] QCA 34 (Second appeal); R v Dobie [2011] QCA 21 (Third appeal)

R v Kovacs & Kovacs (Supreme Court of Queensland, Indictment No 2 of 2007, Jones J, 18 February 2010); R v Kovacs [2008] QCA 417 (Appeal against conviction and sentence)

R v Netthip [2010] NSWDC 159 (Sentencing decision).

Ram v D & D Indian Fine Food Pty Ltd & Trivedi [2015] FCCA 389 (civil claim)

R v Pulini; R v Pulini [2019] QCA 258 (Appeal against conviction and sentencing)

DPP v Shaik [2020] VCC 909 (Sentencing)

DPP (Cth) v Kannan & Anor [2021] VSC 439

Australian Institute of Criminology publications

Samantha Lyneham, Australian Institute of Criminology, Attrition of human trafficking and slavery cases through the Australian criminal justice system (Research Paper – Trends & Issues in Crime and Criminal Justice No 640, November 2021)

Lyneham, Samantha, Christopher Dowling and Samantha Bricknell, Australian Institute of Criminology,?Estimating the dark figure of human trafficking and slavery victimisation in Australia (Statistical Bulletin No 16, 15 February 2019)

Samantha Lyneham and Isabella Voce, Australian Institute of Criminology, Review of the National Action Plan to Combat Human Trafficking and Slavery 2015-19 (Research Report No 17, 2020).

Australian Institute of Criminology, ‘Human Trafficking Involving Marriage and Partner Migration to Australia’ (Report, No 121-140, 24 April 2015)
< http://www.aic.gov.au/publications/current%20series/rpp/121-140/rpp124/05_introduction.html>.

Fiona David ‘Labour Trafficking’ (Report, No 108, Australian Institute of Criminology, 2010)
< http://www.aic.gov.au/publications/current%20series/rpp/121-140/rpp124/05_introduction.html>.


Australian government publications and reviews

Commonwealth Attorney-General’s Department, Targeted Review of Divisions 270 and 271 of the Criminal Code Act 1995 (Cth) (December 2022)

Commonwealth, National Action Plan to Combat Modern Slavery 2020-25 (Action Plan, 9 December 2020)

Commonwealth Director of Public Prosecutions, Victims of Crime Policy (Web Document) https://www.cdpp.gov.au/sites/default/files/202103_Victims_of_Crime_Policy.pdf

Australian Border Force, Commonwealth Modern Slavery Act 2018 – Guidance for Reporting Entities (Guide, 2019)
Interdepartmental Committee on Human Trafficking and Slavery (IDC), Trafficking in Persons: The Australian Government Response 1 July 2015 to 30 June 2016

Joint Standing Committee on Foreign Affairs, Defence and Trade, Parliament of Australia, Hidden in Plain Sight: An inquiry into establishing a Modern Slavery Act in Australia (Report, 2017)

Walk Free, The Minderoo Foundation, Stacked Odds: How lifelong inequality shapes women and girls’ experience of modern slavery (Report, 2020) 20.


Selected journal articles

Chuang, Janie A, ‘Exploitation Creep and the Unmaking of Human Trafficking Law’ (2014) 108(4) American Journal of International Law 611

Gallagher, Anne T, ‘Two Cheers for the Trafficking Protocol’ (2015) 4 Anti-Trafficking Review 14

Marika McAdam, 'What’s in a Name? Victim Naming and Blaming in Rights-Based Distinctions between Human Trafficking and Migrant Smuggling' (2015) 4(1) International Human Rights Law Review 1

Landau, Ingrid and Shelley Marshall, ‘Should Australia be Embracing the Modern Slavery Model of Regulation?’ (2018) 46(2) Federal Law Review 313

Nicholson, Andrea, Minh Dang and Zoe Trodd, ‘A Full Freedom: Contemporary Survivors’ Definition of Slavery’ (2018) 18 Human Rights Law Review 689

Stead, Victoria and Davies, Lucy ‘Unfree Labour and Australia’s Obscured Pacific Histories: Towards a New Genealogy of Modern Slavery’ (2021) 45(3) Journal of Australian Studies 400

Other resources

National Websites

Anti-Slavery Australia, University of Technology Sydney www.antislavey.org.au and My Blue Sky www.mybluesky.org.au (Australia's forced marriage portal)

Australian Human Rights Commission www.humanrights.gov.au

Amnesty International www.amnesty.org.au

Australian Crime Commission www.crimecommission.gov.au

Australian or State Government websites

Australian Institute of Criminology www.aic.gov.au

Attorney-General’s Department www.ag.gov.au

Australian Federal Police www.afp.gov.au

Department of Families, Housing, Community Services and Indigenous Affairs www.fahcsia.gov.au

Department of Education, Employment and Workplace Relations www.deewr.gov.au

Department of Home Affairs www.homeaffairs.gov.au

Fair Work Ombudsman www.fwo.gov.au

Department of Foreign Affairs and Trade www.dfat.gov.au

AusAid www.ausaid.gov.au

International websites

Anti-Slavery International www.antislavery.org

Child Wise www.childwise.net

Global Alliance Against Trafficking in Women www.gaatw.org

Human Rights Watch www.hrw.org

Human trafficking – www.humantrafficking.org

International Labour Organisation www.ilo.org

International Organisation for Migration (IOM) www.iom.int

Office for Democratic Institutions and Human Rights www.osce.org

UN Global Initiative to Fight Human Trafficking www.ungift.org

United Nations Office on Drugs and Crime www.unodc.org

United Nations Office on Drugs and Crime www.unodc.orgUnited Nations Special Rapporteur on trafficking in persons https://www.ohchr.org/en/issues/trafficking/pages/traffickingindex.aspx