background: HUMAN trafficking in the uk
SCALE OF TRAFFICKING IN THE UK
Human trafficking is a continuing problem in the UK. The Government estimates there are 5000 people trafficked at any one time.
Between April 2009 and March 2010, 706 potential cases of human trafficking we referred to the body responsible for formal identification (National Referral Mechanism). They came from a total of 65 countries. The largest source countries were Nigeria, China, and Vietnam followed by the UK and other EU states. Approximately half were potential cases of trafficking for forced labour and the other half for sexual exploitation. A quarter of total cases were under the age of 18.
Whilst the statistics offer an interesting breakdown, they do not reflect the true extent of problem as they are only representative of the cases which have been detected and referred by front line agencies. The report identified a further 130 trafficked people who had not been referred.
UK'S OBLIGATIONS UNDER THE CONVENTION
As with many international conventions, new legislation was not passed in order to specifically incorporate the Convention into UK law but amendments were made to existing laws in order to try and meet obligations under the convention.
In theory, these obligations require the UK to take action to prosecute traffickers as well as to apply a range of measures to promote and protect the rights of trafficked persons. These measures should include:
• a mechanism to accurately and fairly identify trafficked people.
• the granting of a reflection period, and the offering of assistance and protection which meets their specific needs.
• access to redress, including compensation.
HOW IS THE UK FAILING VICTIMS OF TRAFFICKING?
The report criticises the identification system for trafficked people as ‘not fit for purpose’. The number of potential trafficking cases identified by the authorities is surprisingly low (527) in comparison to overall Government estimates (5000) and the numbers who are subsequently referred for specialist assistance are even lower.
The research also raises concerns regarding differential treatment of victims depending on their immigration status. 76% of UK nationals referred were positively identified as having been trafficked contrasted with 29% for EU nationals and 12% of non-EU nationals (despite them representing the largest proportion of victims). Whether intentionally or not, the system appears to be putting too much emphasis on where the victim is from rather than prioritising their support needs as a victim of a crime.
Failures within the identification process compounded by a lack of resources for support services have resulted in barriers to victims accessing the services they are entitled to, including safe accommodation, counselling and legal assistance. The report found that space in appropriate accommodation is not always available leaving some victims housed in unsuitable places. No accommodation was found to be available for male victims of trafficking despite them representing 26% of all referrals. In many cases, even those positively identified as trafficked still never received any assistance.
Evidence also shows that current measures have not improved the rate of trafficking convictions in the UK, and in some cases they actively undermine prosecutions, despite the intention of the Convention to ensure tougher action against traffickers. Without access to specialised services coupled with an effective reflection period, the current system will only continue to hinder the recovery of victims and the likelihood they will trust and cooperate with law-enforcement agencies. People subjected to trafficking need this assistance in order to cope with the immediate impact of their trauma, create a safe enough space for them to speak out against their traffickers and contribute to the UK’s fight against a thriving and profitable criminal industry of human exploitation.
Even more concerning is that trafficked people continue to be treated as criminals rather than the victims of a serious crime, including children trafficked to work in cannabis 'factories', which can often result in their arrest, prosecution and imprisonment. In some cases, victims were repeatedly not identified as victims of trafficking and were consequently found culpable for offences committed whilst subject to abuse and coercion despite recognition from the authorities regarding these circumstances.
The report also highlights the UK’s failure to protect child victims of trafficking. Although a strong child protection framework exists in the UK, the current referral system by-passes those with child protection expertise taking the decision as to whether a child has been trafficked out of their hands and leaving many children without a legal guardian to uphold their best interests.
WHAT ACTION IS NEEDED?
The Anti-Trafficking Monitoring Group is calling for immediate action from the Government to ensure it meets international obligations and the needs of victims.
A more effective multi-agency referral system is vital which incorporates a balance of expertise, ensures victims are referred to the appropriate services and enables them to appeal outcomes regarding their identification. The Group is also calling for an independent anti-trafficking watchdog, with a similar role to that of the Dutch National Rapporteur, in order to independently oversee all anti-trafficking policy in the UK.
The Government must recognise the very real impact and devastation trafficking has on the individual lives of the men, women and children involved, and successfully follow through on its commitments under the Convention to ensure that trafficked people receive the support and treatment they are entitled to.
EXPERIENCE OF TRAFFICKED VICTIMS UNDER THE CURRENT SYSTEM
Gheeta from India was trafficked into forced labour in England by a family friend based in the UK, where she was terrorised for four years. "He expected me to do all the housework for him as well as cook for him everyday. He would shout at me if I made mistakes. Before long he started to hit me too."
She was forced to work at a local shop for 80 hours a week and give all her earnings to her trafficker. "Things got really bad though after I found out my father had died. He told me that he could do anything he wanted to me now because there was no one to look after me. That’s when he started raping me. I tried to fight back but he threatened to stab me with a knife. Once when I tried to stop him he said he would kill me, chop me up and send the pieces to the family."
Gheeta was not recognised as trafficked – the arguments in her refusal letter said they doubted her claim to be coerced or exploited because she didn’t try and escape even through she had a television in the flat, held the key to the flat, went out for grocery shopping once every two months and was allowed to leave the flat to work.
The refusal letter also said that while her frequent rape was “extremely unpleasant” it did not amount to trafficking because it was “triggered by your father’s death”, after which time they accepted that the trafficker felt he could then act with impunity.
What is trafficking?
Trafficking involves transporting people away from the communities in which they live, through the use of violence, deception, coercion, or the payment of benefits to achieve the consent of a person having control over another person, for the purpose of their exploitation. The consent of the victim in these circumstances is therefore irrelevant. When children are trafficked, no violence, deception or coercion needs to be involved. Simply transporting them into exploitative conditions constitutes trafficking.
WHAT IS THE ANTI-TRAFFICKING MONITORING GROUP?
The
Anti-Trafficking Monitoring Group is a coalition of nine UK-based organisations, including Anti-Slavery International, Amnesty International, and ECPAT UK, which was set up to monitor the implementation of the Trafficking Convention in the absence of a formal monitoring mechanism. The group works according to a human rights-based approach to protect the well-being and best interests of trafficked persons by holding the government to account and ensuring the UK is meeting its obligations under the Convention.
Click here to read the full report and for a full list of participating organisations