Pearls and Irritations

Chris Evans’ involvement in anti-trafficking responses in the late 2000’s was a heady time for the sector; John Howards’ ousting led many to hope migration would no longer be the political weapon of choice, human rights became important and collaboration with civil society became funded, fair and feasible.

Soon after the Rudd election victory Attorney General Debus and Ministers Evans, Plibersek and Smith adopted practical systems of accountability and transparency on human trafficking policies. In that same spirit the Albanese government this week delivered on the promise of a commissioner for anti-slavery. But as former minister Evans takes up this newly formed role in December, the opaque challenge of Operation Inglenook and related Border Force powers surely looms large.

ACTU Congress 2024 summed up the challenge like this:

“…most migrants who experience exploitation do not come forward because they fear they will jeopardise their visa in Australia. Congress also notes that Border Force raids under Operation Inglenook are targeting sex workers and negatively impacting peer support and WHS in the workplace. Raids and rescue approaches, rather than a rights-based approach to workers, are stopping workers from reporting injustice and safety risks in the workplace”

In recent months a semi-autonomous network led by Asian Migrant Sex Workers, AMSWAG (Asian Migrant Sex Worker Advisory Group) has been joined by more than forty civil society organisations, many from the modern slavery sector, calling for an end to the Inglenook gender and race profiling at the border.

This is in the wake of data obtained by Freedom of Information showing that in practice Inglenook is biased against young women of Asian background. It could be argued that these ‘anti-slavery’ policies create procedurally unfair turnbacks, risky and unnecessary detention of women including trans women, and fund expensive and pointless raids on sex worker workplaces under the guise of ‘stopping slavery’ and ‘preventing exploitation.’ Na Mon Cheung, a spokesperson for AMSWAG says, “Asian migrants and Asian sex workers have been overwhelmingly targeted by racist and dehumanising policies. We are treated like criminals when we have done nothing wrong. We need to end the profiling of Asian women and bring our sisters back into the community instead of locking them up like animals. We don’t cross borders, borders cross us.”

Unfortunately the pending work of the commissioner has already been described this week as “cracking down” (SBS) against a “scourge” (ABC). While the fourth estate may feel they need an oppositional ‘hook’ to justify their journalistic integrity, such violent language is sorely misplaced. In reality the ‘scourge’ Evans will be ‘fighting’ is the unforgiving concentration of immigration power into the hands of enthusiastic government agents in uniform.

For Asian migrant sex workers caught in the cross-fire of anti-slavery policy, Villawood detention centre has become ‘home’. The trans women at the centre of the AMSWAG campaign describes her situation:

“Seeking safety, love, and acceptance in Australia, I thought I’d found refuge. But instead, I faced profiling and discrimination at the airport. The Australian Border Force canceled my visa, and I was thrown into Detention.

“In this cold, unforgiving place, I’ve endured suffering and hardship. But I refuse to be broken. My story is one of resilience, hope, and defiance.

“As a trans woman, I’ve faced unimaginable challenges. In Indonesia, I was marginalised, harassed, and threatened. I thought Australia would be different. But the Border Force saw me as a threat, not a human being seeking protection. They profiled me unfairly, assuming the worst without evidence. My visa was canceled, and giving me punishment for a crime I didn’t commit. And now here I am, suffering in Villawood detention.”

Mish Pony, CEO of Scarlet Alliance today asked that Evans pay attention to creating “accessible migration pathways.” The 2024 ACTU Congress, prior to Evans appointment, called for “more transparency in the development of immigration policy and improved access to justice for workers who are exploited”.

Addressing these systemic issues was a major part of Chris Evans’ agenda as Minister for Immigration and Citizenship in 2007. In 2024 will Evans manage to use this new office to dial down Border Force and the Australian Federal Police targeting of Asian migrant women, trans people, sex workers and their workplaces? Time will tell.

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