25 Years On: Rethinking the Palermo Protocol
Twenty-five years ago, the international community adopted the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children—better known as the Palermo Protocol. It was a landmark acknowledgement that trafficking is a transnational, organised crime demanding prevention, prosecution, and protection across borders. It also enshrined the need to protect victims’ human rights, ensure non-discrimination, and cooperate internationally—from victim assistance and compensation to repatriation with safety and dignity.
Australia has long been applauded for its response—one that started in 2004 focused on sexual servitude and has since expanded into supply chains through the Modern Slavery Act and corporate reporting. But as we mark this anniversary, Be Slavery Free believes it’s time to ask harder questions:
What has the Protocol changed for people most at risk of exploitation?
Where does Australia need to lead next?
And how do we move from process to impact?
What the Palermo Protocol got right—and why it still matters
The Protocol’s intent remains vital:
It defines trafficking as recruitment, movement, or harbouring by means of coercion, deception, abuse of vulnerability, for the purpose of exploitation—including forced labour, servitude, slavery-like practices, sexual exploitation, and organ removal.
It sets a three-pillar agenda: prevention, prosecution, protection—with obligations to protect victims’ privacy, provide information, access to services, compensation, physical safety, and options to remain in receiving states on humanitarian grounds.
It recognises root causes—calling for measures to alleviate poverty and inequality and discourage demand that fosters exploitation, as well as cooperation with civil society and training for frontline officials.
It embeds a human rights saving clause and non-refoulement, ensuring anti-trafficking measures do not violate refugee and human rights law.
These principles gave governments a common vocabulary, resourced law enforcement, and mobilised NGOs. They remain a baseline worth defending.
Where our current approach falls short
Over the past decade, Australian and global debates have surfaced three persistent challenges that the 25th anniversary must reckon with:
Over-reliance on criminal justice metrics
Successful prosecutions are important—but they are a blunt measure of progress. Prosecution numbers tell us more about process than prevalence: who reports, which cases attrit, and whose experiences never enter the system. Meanwhile, exploitation is shaped by labour markets, migration regimes, and corporate practices—areas criminal justice alone can’t fix.Insufficient attention to migrant and worker rights
The Protocol stops short of improving migration and labour conditions. In contrast, the Migrant Workers Convention (1990) centres worker protections but has far fewer ratifications—especially among wealthy states. If we aim to prevent exploitation, migrant rights, regular pathways, decent work, and freedom from retaliation must be core—not peripheral—policy goals.From modern slavery rhetoric to real-world protection
Corporate reporting regimes have lifted awareness but too often default to compliance over impact. The pandemic starkly revealed this gap: cancelled orders, unpaid wages, and migrant workers stranded without income—despite polished statements on ethical sourcing. Regulation must now evolve from disclosure to due diligence—with consequences, remediation, and worker voice at the centre.
Worker voice: data that empowers, not exploits
One of the most promising developments in recent years is the rise of worker voice technologies that go beyond surveys to gather census-style data directly from workers about their workplace conditions. Platforms like MillionMakers enable high participation rates and ensure that workers own their data—a critical safeguard against exploitation.
Unlike systems that extract information without consent or transparency, MillionMakers’ approach allows workers to confidentially share their experiences, track improvements, and hold employers accountable. This kind of data is not just useful for identifying risks—it’s foundational for building trust, agency, and systemic change.
Australia’s next chapter: from compliance to consequence, from statements to safety
Australia can help shape the next 25 years by pairing leadership at home with partnerships in our region.
1) Evolve Australia’s Modern Slavery regime
Move from transparency to mandatory human rights due diligence with civil penalties
Import bans on goods made with forced labour
Access to remedy for affected workers
Resource and publish a “high-risk regions and industries” list, so companies can better prioritise their efforts and the burden of tracing complex supply chains is shared—not shouldered alone.
2) Protect migrant workers—because rights are prevention
Regulate and harmonise laws regarding labour-hire agencies
Guarantee visa portability and bridging visas with work rights for those pursuing claims.
Enforce “Employer Pays” principles: ban worker-paid recruitment fees and ensure licensing/oversight of labour hire and foreign labour contractors.
3) Use technology responsibly
Fund worker voice tools in priority sectors (agriculture, hospitality, care, international students).
Adopt privacy-by-design, multilingual access, and independent governance of data.
Pilot hotspot analytics with unions, NGOs, and inspectorates to target prevention and remedy.
4) Lead in our region
Ensure State and Federal procurement becomes a model of due diligence, setting the standard for ethical sourcing across industries.
Support fair recruitment in Southeast Asian labour corridors (no-fee recruitment, standard contracts, grievance access).
Our commitment at Be Slavery Free
For 25 years, the Palermo Protocol has given us a floor. The next 25 must be about building the house—stronger labour rights, safer migration, accountable business, and survivor leadership at the centre.
We will continue to:
Advocate for laws with teeth—mandatory due diligence, fair recruitment, and meaningful remedy.
Partner with workers, unions, survivor leaders, businesses, and government to trial worker voice and hotspot prevention approaches.
Hold ourselves to account—measuring success not by statements made or workshops run, but by harm prevented and lives improved.
How You Can Help
Support Be Slavery Free as we work to end exploitation and build systems that protect workers and migrants.
Donate to help us advocate for stronger laws, expand worker voice tools like MillionMakers, and push for ethical supply chains.
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Partner with us if you're a business, policymaker, educator, or community leader ready to take action.
Together, we can move beyond statements and build real protections for those most at risk.