The Trade in Human Beings: Human Trafficking in the UK - Home Affairs Committee Contents


Supplementary memorandum from Anti-Slavery International

1.  MIGRANT DOMESTIC WORKERS IN THE UK

  1.1  The Committee requested further information about the number of migrant domestic workers who are subjected to trafficking, forced labour and exploitation and what the impact of the Government's proposed change to immigration rules would be on their vulnerability to trafficking.

  1.2  Anti-Slavery International's 2006 research on trafficking for forced labour in the UK found that migrant domestic workers in the UK are regularly subjected to abuse, exploitation and forced labour. Anti-Slavery International estimates that hundreds of migrant domestic workers are trafficked into forced labour in the UK each year.

  1.3  Evidence from Kalayaan, a charity which works with migrant domestic workers in the UK, shows that of the 340 migrant domestic workers registered with them in the period between April 2006 and March 2007, just under a quarter reported instances of physical abuse (eg beating them, slapping them, throwing things at them, spitting in their face, pulling their hair), and 9% reported sexual abuse. The figure rises to 69% for those reporting psychological abuse (eg shouting, insults, threats to throw them out or have them deported). Over 60% of domestic workers reported that they were not allowed out of the house without the permission of their employer, and nearly one third had their passports taken from them and retained by their employer. Two thirds reported working 16 or more hours per day, seven days a week with no meal breaks.

  1.4  Under a 1998 immigration rule introduced by the Labour Government, migrant domestic workers are issued with one year renewable visas and can seek work with another employer if they wish. Under the terms of their visa, migrant domestic workers do not have recourse to public funds and can only have their visa extended if they are in full time employment.

  1.5  These rights have been extremely important in facilitating the escape of migrant domestic workers from exploitative and abusive situations. This is because they can come forward and receive support and assistance knowing that they can still seek work with another employer and thereby will not put their livelihood at risk. This also facilitates cooperation with the authorities. The Government recently acknowledged that the 1998 rule has been positive in reducing abuse and exploitation: Baroness Scotland noted on 26 March 2007 that the Government is "conscious that the changes we brought in greatly benefited domestic workers in this situation."

  1.6  Despite the positive impact of the 1998 immigration rule, the Home Office is now proposing to change this rule and give migrant domestic workers only a six month non-renewable visa and not to allow them to change employers even if they are subject to abusive practices. Furthermore, migrant domestic workers would not be recognised as workers, but rather as domestic "assistants" and consequently would not enjoy protection under employment laws.

  1.7  If the Government does remove the protections currently provided to migrant domestic workers under the 1998 immigration rule Anti-Slavery International believes that it would increase the number of these workers who are exposed to trafficking, forced labour and exploitation and reduce the number who are able to come forward for assistance and protection. It would, in short, seriously undermine the Government's counter-trafficking policy.

2.  EXAMPLES OF COUNTRIES WHICH HAVE GOOD AND BAD PRACTICES IN RELATION TO TRAFFICKING IN PEOPLE

  2.1  The Romanian Government has a good record in relation to ensuring cooperation with governments in other countries on individual trafficking cases and within the region on trafficking issues more generally. A regional centre called SECI is based in Bucharest with liaison officers from all the South-Eastern European countries represented, as well as liaison officers from some other European countries.

  2.2  An example of how the Romanian authorities have effectively cooperated with other governments can be seen in the response that was put together with the Austrian Government to tackle the problem of Romanian children who were being trafficked to Vienna over a couple of years for the purpose of begging. The two governments agreed that a Romanian police officer would be deployed in the streets of Vienna to work alongside Austrian police officers in order to identify and assist trafficked children.

  2.3  In general, there is a good cooperation between countries within the European Union as well as with some countries from the former Soviet Union, such as Ukraine and Moldova. However, there are several European countries which have not taken sufficient steps to protect and support trafficked people.

  2.4  For example, Estonia, Lithuania and Russia are all countries from which people are trafficked, but none of these States have signed the Council of Europe Convention on Action Against Trafficking in Human Beings. Cases of individuals beings trafficked from these countries have been recorded in the UK, particularly from Lithuania, and it is important that these States sign up to the standards outlined in the Council of Europe Convention and cooperate with other European countries in trying to tackle this issue (the other seven states which not signed the Convention are Azerbaijan, Czech Republic, Liechtenstein, Monaco, Spain, Switzerland and Turkey).

  2.5  Nigeria is one of the countries outside Europe from which significant numbers of people are trafficked to the UK. However, assisting these women and trying to ensure their safe repatriation to Nigeria—where they wish to return home—is made extremely difficult when the Nigerian Embassy does not facilitate the issuing of a replacement passport.

  2.6  In a large number of cases, the trafficked person's passport will have been taken away by the trafficker, but the authorities are reluctant to issue new documents. This may force Nigerians to return home without a passport on some sort of temporary travel document. This draws attention to them and may lead to their being ostracised as it is often assumed that Nigerian women returning without passports have been involved in prostitution in Europe. Cases involving the harassment and detention of young women being returned from Europe by immigration personnel in Nigerian airports are not uncommon.

  2.7  Furthermore, returning without a passport can also directly result in re-trafficking. Corruption is a problem in the country and there have been instances where women returning from Europe were targeted by trafficking gangs immediately on their arrival in Nigerian airports which has led to suspicions of involvement of airport personnel in trafficking gangs.

  2.8  Similar issues have arisen in cases relating to the identification of nationals from Vietnam and the re-issuing of passports to these individuals in the UK and elsewhere. Where the Vietnamese authorities do not accept the identity of an individual and refuse to issue them with new passports or other identification documents, these individuals are effectively left stateless.

11 February 2008







 
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