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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