Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694573405604.pdf (Australia)
Committee Secretary Joint Standing Committee on Foreign Affairs, Defence and Trade PO Box 6021 Parliament House Canberra ACT 2600 Dear Committee Secretary, RE: INQUIRY INTO ESTABLISHING A MODERN SLAVERY ACT IN AUSTRALIA Introduction SHQ (the trading name of The Family Planning Association of Western Australia) is the leading provider of sexual and reproductive health services in Western Australia.
SHQ is a highly respected, independent, non- profit organisation with over 40 years’ experience in sexual and reproductive health.

The organisation provides clinical, counselling, education and information services for the WA community, and is one of the state’s largest providers of sexual and reproductive health education and training for health professionals and community workers.
SHQ runs two projects: Magenta (supporting sex workers) and the People 1st Programme (supporting people with an intellectual disability).

SHQ and its projects operate in line with core values of human rights, social justice, personal autonomy and working collaboratively with communities.
The organisation recognises that there are many barriers to sexual health and wellbeing for all Western Australians and advocates for the right of its priority groups, which includes sex workers and people from culturally and linguistically diverse (CaLD) communities.

Magenta provides education, information and support to all sex workers operating in the WA sex industry.
It offers peer education, outreach services, a free and anonymous sexual health clinic, low cost safe sex supplies, health and safety advice, industry advice and a referral service.

Magenta is a peer-led project that employs multi-lingual, and past and current sex workers as educators working to improve the sexual health and wellbeing of WA sex workers.
Magenta has significant experience in engaging sex workers, particularly those from CaLD backgrounds, and is in an ideal position to help inform any process that may result in change that affects the rights of sex workers.

In this context, SHQ is pleased to make a submission to the inquiry into Modern Slavery.
Inquiry into establishing a Modern Slavery Act in AustraliaSubmission 128 Summary SHQ considers slavery a violation of human rights and strongly opposes slavery and the abuse of human rights in all its forms.
SHQ welcomes the inquiry and supports any reduction of factors which facilitate modern slavery, however SHQ is concerned that the UK’s legislative model risks actively contributing to these factors if adopted without sufficient consultation with migrant sex workers, and peer-led sex worker organisations.

SHQ would welcome further measures to combat the nature and extent of modern slavery, including exploitation and human trafficking.
However, SHQ does not support legislation that criminalises sex work, affects the rights of sex workers, or conflates sex work with human trafficking.

SHQ believes consultation with sex workers and organisations in the sex industry is vital in the process of creating any effective mechanism designed to reduce modern slavery.
SHQ Position Statement SHQ has been working with WA sex workers for more than 20 years promoting their sexual health and wellbeing, and through this has an in-depth understanding of the issues faced in WA.

In international jurisdictions, the supply or purchase of sex worker services is a criminal offence and drives workers to operate ‘illegally’ being “almost invisible”, inaccessible by health workers1, more likely to face stigma and marginalisation2 and far less likely to report crimes against them.
In some criminalised systems3 sex workers may also be wary of carrying condoms (which can be used as evidence of sex work by police)4 increasing their chances of contracting or transmitting sexually transmitted infections including HIV.
Research has shown that Chinese sex workers, following sexual assault, were less likely to contact police in the instance of legal barriers preventing them from doing so 5. https://www.opendemocracy.net/beyondslavery/jennifer-musto/domestic-sex-trafficking-and-punitive- 1 side-of-antitrafficking-protectio 2 Inner South Community Health Services, ‘ISCHS Sex Work Position Paper’, http://ischs.org.au/content123/uploads/2013/05/ISCHS-Sex-Work-Position-Paper-April-2013.pdf, 2013 3 K. Shannon, S. Strathdee, S. Goldenberg, P. Duff, P. Mwangi, M. Rusakova, S. Reza-Paul, J. Lau, K. Deering, M. Pickles, and M-C. Boily, ‘Global epidemiology of HIV among female sex workers: influence of structural determinants,’ The Lancet, vol.
385, no.

9962, 2015, pp.

55-71.

4 L-G. BEKKER, L. JOHNSON, F. COWAN, C. OVERS, D. BESADA, S. HILLIER AND W. CATES, ‘COMBINATION HIV PREVENTION FOR FEMALE SEX WORKERS: WHAT IS THE EVIDENCE?’, THE LANCET, VOL.

385, NO.

9962, 2015, PP.

72-87.


5 http://intersections.anu.edu.au/issue26/jeffreys.htm Inquiry into establishing a Modern Slavery Act in AustraliaSubmission 128 In contrast, decriminalised environments are associated with greater transparency of the sex industry, reduced corruption by police6, better access to sex industry premises for outreach workers and better health outcomes for sex workers7.
Decriminalisation recognises the public need for a system that has the best potential to promote health and safety in the sex industry, rather than focusing on criminal sanctions for undertaking a consensual sexual act.

Decriminalisation of the sex industry is advocated for by leading health organisations (including UNAIDS, the World Health Organisation and Amnesty International) who support it as the most effective legislative model for public health and sex worker safety.
SHQ publically advocate for the decriminalisation of sex work and asserts that legislation that further criminalises the sex industry will risk the health and safety of sex workers and the wider community.

SHQ recommends that no specific reference to sex work is needed in Federal legislation dealing with modern slavery, as modern slavery does not particularly occur in the sex industry compared to other industries, and is an occupation like any other.
If the human rights of a sex worker have been violated, they should be addressed within existing labour, human rights and other legislation.

Terms of Reference The nature and extent of modern slavery (including slavery, forced labour and wage exploitation, involuntary servitude, debt bondage, human trafficking, forced marriage and other slavery-like exploitation) both in Australia and globally SHQ’s program Magenta has extensive, direct relationships with Western Australia’s migrant sex workers.
Research demonstrates that the majority of sex workers who come to Australia for work do so consensually8.

In fact, there is little evidence to support the notion of widespread slavery amongst sex workers in Australia8.

However, the UK legislative model fails to recognise the difference between sex work and exploitation.
6 http://www.scarletalliance.org.au/laws/nsw/ 7 C. HARCOURT, J. O’CONNOR, S. EGGER, C. FAIRLEY, H. WAND, M. Y. CHEN, L. MARSHALL, J. M. KALDOR, AND B. DONOVAN, ‘THE DECRIMINALISATION OF PROSTITUTION IS ASSOCIATED WITH BETTER COVERAGE OF HEALTH PROMOTION PROGRAMS FOR SEX WORKERS’, AUSTRALIA AND NEW ZEALAND JOURNAL OF PUBLIC HEALTH, VOL.

34, NO.

5, 2010, PP.

482-486.


8 http://scarletalliance.org.au/library/Migrantsexworkersreport2015 Inquiry into establishing a Modern Slavery Act in AustraliaSubmission 128 Whether a Modern Slavery Act should be introduced in Australia SHQ supports the reduction of underlying factors which facilitate and contribute to modern slavery, exploitation and human trafficking.
However, SHQ does not support legislation that further criminalises sex work, particularly disadvantages migrant workers, and which will likely see a reduction in sex worker health, safety and wellbeing.

SHQ believes that additional legislation that restricts the agency of choice of sex workers will contribute to increased discrimination and stigma, both of which correlate with poor access to healthcare, including reduced uptake of sexual health screening.
SHQ’s project Magenta has significant expertise in engaging sex workers, particularly those from CaLD backgrounds, and so is in an ideal position to contribute to any consultation process addressing anti-slavery concerns, while not creating further discrimination and stigma for those who choose to work in the sex industry.

Magenta would be pleased to provide expert input and evidence on the sex industry, to guide the committee in its deliberations.
Conclusion SHQ is opposed to human slavery and the abuse of human rights in all capacities.

SHQ supports the reduction of factors which facilitate modern slavery; however, it is opposed to any legislation that affects the rights of sex workers or which would criminalise sex work.

SHQ strongly recommends that the government consults with individuals and organisations in the sex industry throughout the process to ensure that the health, wellbeing and human rights of sex workers are protected.
Yours faithfully, Julian Henderson Chief Executive Officer Inquiry into establishing a Modern Slavery Act in AustraliaSubmission 128