‘They Are Here Without Chains, but With Invisible Chains’: Understandings of Modern Slavery Within the New South Wales Settlement Sector
| Author | Keren David,Michael Salter |
| Published date | 01 February 2022 |
| Date | 01 February 2022 |
| DOI | http://doi.org/10.1177/0964663921990103 |
| Subject Matter | Articles |
Article
‘They Are Here Without
Chains, but With Invisible
Chains’: Understandings
of Modern Slavery Within
the New South Wales
Settlement Sector
Keren David and Michael Salter
University of New South Wales, Australia
Abstract
Modern slavery is a complex and clandestine social phenomenon that is poorly under-
stood in the Australian context. The settlement sector is integral to Australia’s counter-
slavery efforts, and yet, no Australian study has explicitly sought to explore how this
group identifies and navigates modern slavery. This paper draws on surveys and inter-
views with workers in the New South Wales settlement sector, and offers new insights
into how certain forms of modern slavery are understood and addressed by profes-
sionals working with newly arrived migrants. The findings of the study uncover some of
the profound challenges staff encounter in detecting and responding to different
exploitative practices. Furthermore, they underscore the significant disjunctions
between existing legislative provisions that aim to address modern slavery, and the
experiences and understandings of workers at the frontline of the issue. The study
demonstrates the need for education and greater investment into modern slavery
responses within the settlement sector, and multi-sectoral collaboration to proactively
address the systemic issues engendering exploitation at a community level.
Keywords
Exploitation, forced marriage, migrants, settlement, sexual servitude, slavery, trafficking
Corresponding author:
Keren David, University of New South Wales, Kensington, Sydney, NSW 2052, Australia.
Email: kerendavid560@gmail.com
Social & Legal Studies
ªThe Author(s) 2021
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DOI: 10.1177/0964663921990103
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2022, Vol. 31(1) 50–71
Introduction
Modern slavery is a complex and often concealed social phe nomenon that involves
systematic crimes and human rights abuses. The internationally accepted definition of
‘slavery’ is outlined in the 1926 International Convention to Suppress the Slave Trade
and Slavery, which defines slavery as ‘the status or condition of a person over whom any
or all of the powers attaching to the right of ownership are exercised’ (Davy, 2016: 183).
Despite the criminalisation of different exploitative practices in many countries, modern
slavery continues to advance and evolve as a highly lucrative and rapidly growing form
of organised crime (Christ and Burritt, 2018; Zirnsak et al., 2017). There are a number of
‘pull’ and ‘push’ factors that engender modern slavery and generate conditions in which
individuals or groups can become vulnerable (Davy, 2016; Zirnsak et al., 2017). ‘Pull’
factors may include issues such as demand for cheap labour, and the financial profit-
ability of these crimes for perpetrators (Davy, 2016; Zirnsak et al., 2017). Conversely,
‘push’ factors include poor socioeconomic conditions, gender-based violence, persecu-
tion, or discrimination, and individuals or groups may feel that there are no viable
alternatives or may be susceptible to deception and manipulation (Zirnsak et al., 2017).
Modern slavery is a transnational issue spanning ‘source’ countries, where victims
originate, ‘transit’ countries, through which they are traffick ed or pass through, and
‘destination’ countries, which is the primary geographic location of their exploitation
(Putt, 2007). Australia is predominantly a ‘destination country’ for modern slavery, since
victims are largely brought to and exploited within the country, rather than being trans-
ported out from or through the country (Australian Government, 2015; Pu tt, 2007).
International instruments such as the United Nations Convention against Transnational
Organized Crime (UNTOC) and its supplementary Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol)
have been fundamental in shaping Australia’s recognition of and response to human
trafficking and slavery (Schofield et al., 2011). Australia has also ratified international
conventions that address slavery-like practices such as forced marriage and forced
labour, including the International Covenant on Civil and Political Rights and the
Universal Declaration of Human Rights, thereby accepting an obligation to combat these
forms of exploitation (AHRC, 2012).
There is a lack of research in Australia to support evidence-based solutions and
responses to modern slavery (Lyneham and Richards, 2014; Schloenhardt et al.,
2012); nonetheless, Australia has undergone significant legislative reform to criminalise
various forms of modern slavery. However, Davy (2017) argues that the emphasis on
criminalisation in the Australian context has resulted in government initiatives that have
failed to produce substantial results. Scholars and anti-slavery agencies have advocated
for a holistic approach to improve detection efforts and responses to modern slavery, and
have emphasised the crucial role of ‘first responders’ – who are likely to engage with
at-risk communities – in mitigating exploitation (George et al., 2018; Zirnsak et al.,
2017). The settlement sector is one such first responder group, comprising organisations
that specialise in delivering support to migrants, a demographic that is particularly
susceptible to modern slavery (Zirnsak et al., 2017). Settlement services have been
present in Australia since the post-war migration programme in 1945, and have since
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David and Salter
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