Justice for victims of modern slavery

In 2018, 16-year-old Jasmine was taken overseas by her parents to facilitate an arranged marriage with her cousin. When Jasmine’s objection to the marriage was met with both verbal and physical abuse, she found herself without a passport, petrified, and far from home. She ran away and hid with distant relatives for over a year. 

Back in Sydney, her friend contacted Anti-Slavery Australia – a specialised centre dedicated to the abolishment of modern slavery. Using secure methods of communication and aided by the Department of Foreign Affairs and Trade, they were able to successfully provide a pathway to safety for Jasmine as well as ongoing support back in Australia.  

A serious violation of an individual’s dignity and human rights, modern slavery typically takes the form of human trafficking, servitude, forced labour, debt bondage and forced marriage – affecting 40.3 million people worldwide. In Australia there are at least 1,900 known victims just like Jasmine, but this hardly represents the full picture, with only one in five victims detected and even fewer reported. 

Since 2003 Anti-Slavery Australia, led by Professor Jennifer Burn, have dedicated themselves to abolishing modern slavery through the provision of free legal advice and representation, alongside critical research projects and legal reform advocacy. Their ability to represent around 400 people a year just like Jasmine is due in no small part to the decade-long, pro-bono support provided to them by leading global law firm Norton Rose Fulbright. 

The partnership between the two organisations began in 2011, instigated by then Dean of the UTS Faculty of Law Professor Jill McKeough and Norton Rose Fulbright’s former Corporate Social Responsibility Partner Jackie O’Brien. In the intervening time they have forged a path towards creating real and lasting impact for those in need. 

Norton Rose Fulbright have made an outstanding contribution to the Anti-Slavery Australia legal practice in providing direct access to justice for victims and survivors of modern slavery, says Professor Jennifer Burn, Director of Anti-Slavery Australia. They really recognise the primacy of human rights and the needs of this particularly vulnerable group.”

For Norton Rose Fulbright, the alignment has been a natural one. 

“We strive to do projects that are impactful and within our chosen area of specialisms, which includes the key pillar of international human rights,” says Chris Owen, Partner and Pro-Bono Team Leader at Norton Rose Fulbright. “We use strategic litigation to try and bring about broader system changes in the legal landscape.”

Since 2011, Norton Rose Fulbright have assisted Anti-Slavery Australia continuously through the provision of a steady stream of high-calibre solicitors who provide legal representation through direct client work, and collaborate on a number of impactful research projects. Over time, the relationship between the two organisations has evolved in tandem with the nature of the work.

“Modern slavery, and the protections that sit off the back of that, is an emerging legal area in itself,” says Mr Owen. “And so in some ways the depth of our relationship speaks to the growth from both of our parties as we work through various issues together.” 

Among the projects they’re currently collaborating on are a research piece on the intersection of coercive control and modern slavery, and the development of a framework for a national compensation scheme for victims of slavery. 

“It is absolutely critical because it will ensure that every single victim of modern slavery in Australia is treated fairly and has access to justice, and can make a claim for compensation in recognition of the harm they have suffered,” says Professor Burn. “It is really important human rights work and will make a real difference to victims of modern slavery in Australia.” 

The research is just as important as the direct legal representation, says Professor Burn, because it addresses the more systemic issues at play. 

“Everything we are doing is to promote respect and human rights and the dignity of survivors of modern slavery. And we’ve done that for a decade with Norton Rose Fulbright.” 

Among the more public-facing projects on which they collaborated in 2021 was the ingenious Human Mart campaign that ran throughout March. A shop front on Sydney’s Oxford St was filled with objects that appeared to be for sale, but when customers picked up the items, the ‘price tag’ would in fact be a true story of a victim of modern slavery. A clever conceit to convey the crux of the issue – that slavery is fundamentally the commodification of people. 

According to Norton Rose Fulbright, placement at Anti-Slavery Australia is highly coveted and has a reputation for being an incredibly rewarding experience for their lawyers. 

“It gives our solicitors phenomenal opportunities to work on cutting-edge legislative advocacy,” says Gemma Livingston, Special Counsel Consultant at Norton Rose Fulbright. “It’s also incredibly meaningful – you’ve got a direct link into helping people.” 

And the practice, says Ms Livingston, is all the better for providing this pro-bono support. 

“We get a better, more rounded understanding of all of these impacts from our work with Anti-Slavery Australia.” 

It is work that has become increasingly vital in the context of a global pandemic. Along with substantial job losses in some industries and labour shortages in others comes the increased vulnerability of people who will take any opportunity they are presented with to secure a livelihood. 

“We must ensure in Australia that we have the best possible prevention response – and then protection response – to respond to this threat of increased trafficking in a proactive and informed way,” says Professor Burn. 

“The time is right to really focus on slavery within the Australian research and policy context.”