Some of the ways migrants are exploited in the workforce get a lot of public attention. We hear tragic stories about wage theft, forced unpaid overtime, unsafe work conditions or discrimination. And we are likely to hear more such grim stories revealed at a NSW parliamentary inquiry that will examine modern slavery in Australia.
Author
- Anna Boucher
Associate Professor in Public Policy and Political Science, University of Sydney
These vulnerabilities all relate to what researchers call workplace precarity - insecurity or uncertainty at work. But too often, a major piece of this picture gets overlooked.
My recent analysis of more than 900 court cases brought by migrant workers shines a light on migrants being sexually harassed, sexually assaulted or trafficked for sexual reasons in their workplaces.
Yet, with the exception of a recent landmark research report on sexual harassment experienced by migrant women, this issue has not received the attention it deserves.
The taboo nature of sexual crimes likely plays a role in this neglect. When it is covered, there is often a somewhat sensationalist focus by the media on the sex work industry.
In the process, we may overfocus on sex work and neglect many other workplaces in which migrant workers can face forms of sexual violence. Any reckoning with workplace precarity more broadly cannot afford to ignore the risk of sexual exploitation.
What is 'precarity'?
Workplace " precarity " - insecurity or uncertainty at work - can affect us all.
It can encompass a wide range of aspects, including a lack of workplace protections, job insecurity and social or economic instability at work.
Visa status, a lack of knowledge of local laws and language barriers can all make migrants more vulnerable to workplace precarity.
Unscrupulous employers may exploit these known vulnerabilities to extract favours and take advantage.
Many theories of economic precarity do not consider sexual risk at all.
What my research uncovered
My research , drawn from more than 900 court cases brought by migrant workers, uncovered some harrowing examples.
In one case in Canada, an employer sexually harassed and in one case raped two migrant women who worked in his business as fish filleters. One of the women felt she had to comply with demands for fellatio to avoid deportation back to Mexico.
Following a ruling, the women were awarded damages under Ontario human rights law.
In another highly publicised case in Australia, a farmer was found guilty of raping a young British backpacker, threatening refusal to sign off on her farm work if she did not comply.
Such a "sign off" is required for a working holiday maker to be able to extend their visa for an additional year.
Sex slavery
A further case concerned sex slavery. Two Thai women entered Australia fraudulently on tourist visas with the intention of undertaking sex work. The sex work began, with their consent.
However, they came to be subjected to work that went beyond what had been contracted in terms of the number of clients, the nature of sexual services provided, frequency and rest periods.
One woman suffered damage to her sexual organs. They also had their mobile phones removed. After several legal appeals, this behaviour was found to amount to sex trafficking and the defendant employer was imprisoned.
An attempt to overturn the conviction was refused.
Recent research by the NSW Anti Slavery Commissioner's Office with migrant workers on NSW farms also suggests allegations of sexual violence could be unreported due to a perceived risk of retaliation.
Interwoven risks
These cases, and many others, all demonstrate that economic and sexual exploitation can commingle for migrant workers.
In such cases, employers may use economic and visa vulnerability to extract sexual favours. At times in these cases, there are also egregious examples of underpayment or even non-payment.
To capture this relationship in migration systems, I developed the term sexual precarity. This has five core components:
- restrictive visa conditions
- debt bondage
- live-in arrangements that heighten exposure to employers during non-working hours
- entrapment and slavery
- the combination of sexual violence with economic exploitation or other forms of physical injury.
What needs to be done?
First, as with broader migrant worker rights, education campaigns for migrants are required.
These would extend beyond making them better informed about their rights on economic exploitation to issues of discrimination and protection from sexual exploitation.
Second, practical safeguards can be put in place to protect migrant women in isolated workplaces.
This might include female-only sleeping dorms, female-only agriculture workforces, support person rules for meetings with male employers and general advice on sexual consent laws for both employers and employees.
Third, policymakers could consider whether sexual offences that are accompanied by a visa threat should suffer additional penalties under criminal or immigration law.
This has already been made the case with recent changes to visa sponsorship where employers who coerce migrants into breaching their visa conditions are subjected to certain penalties.
Anna Boucher received funding from the Australian Research Council and the University of Sydney that funded this prior research. She is Vice President (Independent) on the Australian Institute of Employment Rights. 2023-4 she was on the NSW Anti-Slavery Commissioner's Advisory Panel.
