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Australia: Plight of domestic workers must not be overlooked

Australia: Plight of domestic workers must not be overlooked

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by IDWFED published Jun 16, 2016 12:00 AM
Contributors: Heather Moore/The Canberra Times
What we do know is that because of the extreme power imbalance within the employment relationship and isolated working conditions not subject to standard labour inspection, domestic workers are among the most marginalised and exploited workers in the world today. This is particularly true for those working for diplomatic and foreign officials.

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Read the original article in full: Plight of domestic workers must not be overlooked | The Canberra Times

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What we do know is that because of the extreme power imbalance within the employment relationship and isolated working conditions not subject to standard labour inspection, domestic workers are among the most marginalised and exploited workers in the world today. This is particularly true for those working for diplomatic and foreign officials.

In fact, the Salvation Army's Freedom Partnership to end modern slavery has assisted 25 workers exploited and abused in embassies in Canberra. Yes, it's happening right here, and there is little being done about it.

The great irony is that, according to Fairfax media reports last month, foreign diplomats in Canberra are being investigated for alleged involvement in the black market trade of alcohol and tobacco. In one article, an Australian Border Force spokesperson boldly stated that diplomats found to be abusing their special entitlement to import large amounts of duty-free alcohol and cigarettes would be sanctioned.

The ABF investigation of privileges rorting indicates that with sufficient political will, something can be done. How about doing something for the rights of domestic workers? At minimum, our federal government could take real action by facilitating access to civil justice and introducing community-based orientation sessions and mandatory welfare checks for workers, as they do in Ireland.

It must be said that not all diplomats exploit their workers. But as a 2011 report by the German Institute for Human Rights pointed out, "labour rights violations and exploitation in diplomats' households are a global phenomenon rooted in structural shortcomings in the protection of diplomats' domestic workers, both in sending states and in host states".

The federal government took some action last year when it overhauled the screening process for Temporary Work (International Relations) visas (subclass 403) for domestic workers, under the auspices of the National Roundtable on Trafficking and Slavery. While this is a positive step, it does nothing for at-risk workers not detected during the screening process or who are already in Australia.

Significant gaps remain in ensuring that work conditions and pay comply with national employment standards and the relevant award, as required by the protocol guidelines issued by the Department of Foreign Affairs and Trade. Similar gaps exist when addressing more serious forms of exploitation, such as human trafficking or forced labour.

There are a range of options available to hold officials who enjoy diplomatic immunity accountable for treating sponsored domestic workers in accordance with Australian law. These include asking sending states to waive immunity and withdrawing the visa of a diplomat who has broken Australia's industrial or anti-slavery laws.

On this day last year, the Salvation Army and the Walk Free Foundation published recommendations to establish mandatory health and welfare checks and a temporary right of stay to allow workers to pursue if nothing else a private civil action – a strategy that is proving to be an effective alternative in the United States.

Until this happens, those employed by diplomatic officials are left stranded, unmonitored and left out of policies aimed at cracking down on workplace exploitation.

And that means that services like ours at the Freedom Partnership, which operates the only Safe House for victims of human trafficking, slavery and slavery-like practices, will continue to be in high demand.

In a country like Australia, that is a very sad thing indeed.

Heather Moore is the national policy and advocacy co-ordinator for the Salvation Army's Freedom Partnership to End Modern Slavery. She has been engaged in anti-slavery work since 2003, and her current focus is on strengthening protections and access to justice for temporary workers in Australia.

Source: Heather Moore/The Canberra Times

Story Type: News

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