Australian Human Rights Commission Submission to the UN Committee on Economic, Social and Cultural Rights, 8 May 2017 80. The Commission is concerned that refugees affected by these restrictions are likely to face significant challenges in maintaining an adequate standard of living and achieving positive mental health and settlement outcomes. 81. Recommendation: That the Australian Government review the temporary protection arrangements with the view to ending this policy. In the alternative, end the policy that restricts access to services and entitlements on the basis of a person’s mode of arrival in Australia. 11 Trafficking (ICESCR Article 10; LOI 5) 82. The Commission commends the Australian Government for criminalising trafficking and slavery offences, including forced labour and forced marriage and for developing a National Action Plan to Combat Human Trafficking and Slavery 2015-2019. 83. The Commission also welcomes other Australian Government initiatives such as the reforms to the Human Trafficking Visa Framework (2015),58 and Australia’s International Strategy to Combat Human Trafficking and Slavery (2016). 84. The Special Rapporteur on trafficking in persons recommended the Australian Government establish a federal level, comprehensive compensation scheme for survivors of trafficking.59 The Commission encourages the Australian Government to develop such a scheme.60 85. There continues to be a lack of data and research on the prevalence of child trafficking and slavery in Australia. The Commission considers that specific policy guidelines and support services need to be developed to protect the rights of child survivors of trafficking and slavery.61 86. The Commission notes that the Australian Government is undertaking a national consultation on the implementation of the UN Guiding Principles on Business and Human Rights (UNGP).62 The Commission considers that the subsequent National Action Plan on Business and Human Rights should have clear links with the National Action Plan to Combat Human Trafficking and Slavery 2015-2019. There should also be clear measures to address trafficking and slavery related human rights violations in supply chains.63 87. The Commission further notes the current inquiry into the Commonwealth procurement framework. The Commission has recommended that the Commonwealth Procurement Rules be assessed against and aligned with the UNGP requirements. 88. The Commission further notes the recent inquiry and report of the House of Representatives Standing Committee on Social Policy and Legal Affairs into the regulatory and legislative aspects of international and domestic surrogacy arrangements Surrogacy Matters.64 The Commission submission considered that unregulated surrogacy arrangements raise real concerns about the potential for the trafficking of women and children.65 14

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