Orphanage Trafficking and the Modern Slavery Act in Australia

Kate Van Doore and Rebecca Nhep - E-International Relations

This article in E-International Relations by Kate Van Doore and Rebecca Nhep discussed the issue of how Australia contributes to modern slavery through ‘orphanage trafficking' and its inclusion in the Parliamentary Inquiry on Modern Slavery. "The Parliamentary Inquiry heard extensive evidence from non-government organisations and academics pertaining to Australia’s potential involvement in orphanage trafficking through the charity, tourism, education and faith-based sectors," says the article. "Australia is the first government to consider legislating for orphanage trafficking as a form of modern slavery."

The article describes orphanage trafficking and the exploitative nature of orphanage tourism. The article also distinguishes between orphanage trafficking and institutionalisation. "It must be made clear," say the authors, "that modern slavery is not synonymous with institutionalisation. Orphanage trafficking is a serious crime involving exploitation and, as with all forms of trafficking, must be addressed through criminal law mechanisms. The prolific and inappropriate use of institutional care is a serious child welfare and protection issue involving the violation of a number of children’s rights as outlined in the UN Convention on the Rights of the Child. Redress is achieved through reforming care systems and the deinstitutionalisation of broader child welfare services systems, including divestment strategies targeting foreign donor and volunteer sending countries and entities."

The article provides an overview of the recognition of orphanage trafficking among the global trafficking sector, including in the 2017 Trafficking in Persons Report and the Global Slavery Index 2016.