Australia: UN expert urges to strengthen due diligence among businesses and ensure equal protection of those vulnerable to contemporary forms of slavery

CANBERRA – Despite solid legal and institutional frameworks adopted by the Australian Government, a UN expert said today he was concerned by the low rate of prosecution and conviction of acts amounting to contemporary forms of slavery.

In a statement at the end of his country visit to Australia, Tomoya Obokata said awareness of the risks associated with contemporary forms of slavery among businesses is steadily increasing thanks to the Modern Slavery Act 2018. However, the Act has not yet resulted in meaningful change for people living and working in conditions of contemporary slavery.

The Special Rapporteur on contemporary forms of slavery said the vulnerability of migrant workers was disturbing, with patterns of exploitative practices by some employers, labour hire companies and migration agents in various sectors, such as deceptive recruitment, underpayment or withholding of wages, as well as racial discrimination, harassment, threats or even violence, including sexual and gender-based violence. Obokata highlighted particular challenges and exploitation faced by workers under the Pacific Australia Labour Mobility (PALM) scheme, such as insufficient information on their rights and entitlements, non-eligibility for national health care, or social security benefits, and difficulty to change employers.

The expert also examined the vulnerability to contemporary forms of slavery of women and children, persons with disabilities, Aboriginal and Torres Strait Islander People, asylum seekers, and sex workers. He urged the Government to establish an independent and impartial grievance mechanism for all victims of contemporary forms of slavery. ‘’In addition, sufficient support must be given to frontline organisations so that they can identify and support victims effectively.’’

The Special Rapporteur met the Australian Human Rights Commission, civil society and workers’ organisations during his visit, and commended their work in preventing contemporary forms of slavery and protecting/empowering victims.

“I was encouraged by the strong presence of civil society and human rights defenders who work tirelessly to tackle contemporary forms of slavery in Australia,” he said. “It is also encouraging that many of these actors work together and implement multi-stakeholder initiatives, having a positive impact on empowering workers and preventing their exploitation.’’

Obokata presented a number of preliminary recommendations to the Government and businesses to address these challenges. The full report of the visit will be presented to the 60^th session of the UN Human Rights Council in September 2025.