Embassies on notice for treating servants like slaves

Foreign embassies are on notice about the treatment of servants brought in to work for diplomats, as Australia’s first anti-slavery commissioner warns he wants greater scrutiny of their visas and more accountability through the courts.

Former Labor immigration and workplace minister Chris Evans aims to use his latest role to bring more cases to light after the Federal Court last year found former Sri Lankan deputy high commissioner Himalee Arunatilaka owed her domestic worker more than $500,000 for unpaid hours.

In August, the court found domestic worker Priyanka Danaratna was being paid 65¢ an hour, working seven days a week from 6am to 10pm and was restricted from leaving the Sri Lankan embassy in Canberra except for short walks.

Anti-slavery commissioner Chris Evans says the underpayment of staff in Canberra’s embassies has received little attention.Credit: Alex Ellinghausen

Justice Elizabeth Raper ruled Danaratna was owed $374,000 in unpaid wages and $169,000 in interest, however, the Sri Lankan government has refused to pay after releasing a statement saying it was satisfied the domestic worker was paid adequately as the salary was “mutually agreed”.

Underpayment of staff in Canberra’s embassies had been an issue with little attention, Evans said, as awareness of slavery in Australia was low.

“I want to make sure that the procedures for proving visas in this area are really closely monitored and should ensure that the workers aren’t left isolated because this is a problem,” Evans told this masthead.

“When a worker comes into the country, they may not speak English, [they have] no other contacts or community support networks, and are left alone in the premises controlled by their employer, [which] ... makes them partly vulnerable to exploitation and modern slavery.”

Danaratna’s case is not isolated. In 2015, domestic worker Seema Shergill was employed by then-Indian high commissioner Navdeep Suri Singh. In March last year, the Federal Court found Shergill was paid about $9 a day for her work.

The court said Shergill was owed $189,000 in unpaid wages and interest. The former high commissioner was also fined $97,000, but the Indian government has refused to pay.

Embassies can avoid paying their staff wages that meet Australia’s workplace laws by signing domestic workers up to diplomatic visas, for which they are not eligible.

The specific visa for domestic workers requires that they have an employment contract that meets Australia’s workplace laws.

Walk Free, an international human rights group focused on eradicating modern slavery, estimates that on any given day in 2021, there were 41,000 people living in modern slavery in Australia.

Evans said one of his key priorities would be to focus on the criminal justice response to slavery cases in Australia to reduce this number.

“We have very few prosecutions, and much fewer than should be occurring given the size of our population if you compare us internationally,” he said.

“I want to … work with the Australian Government Solicitor and the Australian Federal Police and others on why that is. Why aren’t we getting more cases to trial when we know there are more instances or more people seeking support?

“These cases aren’t getting prosecuted at the rate they should be.”

Modern slavery applies to human trafficking, forced labour, servitude, debt bondage, forced marriage, deceptive recruitment and the worst forms of child labour.

“I think [people lack awareness of the issue] because the term slavery is associated with the 18th-century slave trade, where it was clearly obvious that people were held in slavery,” Evans said.

“But I think generally, people are supportive of the fact that there’s now a real need for greater action in this area. And the parliament creating this office is a sign that they accept that there is a need for more action in the area.”

In May 2023, a review of the Modern Slavery Act 2018 was published. It recommended the creation of Evans’ role, reviewing reporting requirements and other legislative reforms to the act.

Evans said he hoped to work further with the government and departments to implement the recommended legislative reforms.

“That includes issues like penalties to businesses to report in accordance with the legislation, it includes consideration of whether we need to move to a stronger regime where companies have to actually take real action when finding instances that are of concern,” he said.

“So the Attorney-General’s Department’s tasked with doing that consultation over the next year, and hopefully that will lead to further legislation in the next parliament whichever government is formed after the election.”

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