Saturday, March 14, 2009

Legal - Modern day slavery


The Wei Tang case is very important regarding human rights and the definition of modern slavery in Australia. It was eventually found that ownership is an old fashioned definition of slavery however that 'control over freedom and movement' and to be 'deprived of choice' did exist.

It is estimated that between 400-1000 women (Project respect) are brought to Australia every year for the purposes of sex work and the UN estimates that up to 4 million people are trafficked yearly.

Sex Slavery- the Wei Tang case involved the first person to be charged guilty for possessing of sex slaves. Five women were brought to Australia and told they had to work off debts of $45,000 before they could earn an income. Wei Tang received 10 yrs in June 2006 from the Victorian County Court.
On appeal "her convictions were quashed and a fresh trial was ordered after the Court of Appeal ruled directions given to the jury were inadequate." The prosecution then appealed to the High Court which upheld (agreed) with the original decision which means she is /was guilty. SMH Aug 08.
From an Australian legal point of view this is a landmark case as Weng argued that she was involved in debt bondage not slavery. The Criminal Code Act 1995 (Cwlth) is the issue and the actual defintion of slavery. After hearing the appeal the majority of High Court agreed that the defintion which comes from the 1926 International Convention to supress the Slave Trade was correctly applied.
For additional information see Madam or slave? (The Age) or for a comprehensive discussion see this ANU report which goes into the legal detail.

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