7 Conclusions and recommendations
The Government's consultation on a UK Action Plan
1. We
welcome the Government's consultation on its National Action Plan
to combat human trafficking, and urge the Government to take the
responses to that consultation on board in order to promote an
effective human rights approach to combating trafficking. While
this Report is not a formal response to the Government's consultation,
many of our conclusions and recommendations mirror those submitted
to the Government during that consultation. We expect the conclusions
and recommendations contained in this Report to be given serious
consideration by the Government when it decides the contents of
that Action Plan. (Paragraph 10)
The scale and extent of the problem
2. We
urge the Government to publish the research into organised crime
markets currently being conducted by Home Office researchers,
which may assist in providing a clearer picture of the scale and
extent of human trafficking into the UK. We foresee however a
probable need for further follow-up research to be conducted to
scope the problem in relation to all forms of trafficking, and
we urge the Government to give priority to such research in order
to give a more solid basis for the development of anti-trafficking
policy. (Paragraph 82)
Prevention measures in source countries
3. In
light of the impending accession to the EU of Romania and Bulgaria,
we urge the Government to work with these countries to inform
and educate girls and women of the dangers that arise from accepting
"job opportunities" without going through the proper
channels. (Paragraph 97)
4. We suggest the
following measures for improvement of the Government's actions
for prevention of trafficking in source countries:
- In relation to awareness raising programmes,
it has been noted that although they address the process of trafficking,
many of them do not cover the causes of trafficking, which are
often extreme poverty and unemployment. In order to promote a
holistic approach which addresses wider issues surrounding trafficking,
these awareness-raising programmes should also aim to enhance
people's opportunities, and encourage community action and education.
In so doing, the Government should communicate with local authorities
and community organisations in source states as far as possible,
as they are better suited to assess the local needs. Further,
the awareness-raising should also include information on how to
migrate legally to the UK so that migrants are not exploited by
traffickers, and on the rights of migrant workers in the UK.
- We recognise that UK embassies and consulates
in source states have an important role to play in preventing
people from being trafficked. They should be more proactive in
providing information on the dangers of trafficking so that potential
victims have a better idea of what to expect. In order for staff
at embassies and consulates to carry out preventive activities,
appropriate training and awareness raising should be conducted
more rigorously so that they are better able to identify potential
and actual victims of trafficking and prevent traffickers from
exploiting them.
- Further, the Government should provide greater
technical assistance to law enforcement agencies in source and
transit states so that they can detect and tackle trafficking
and other organised crimes more effectively. (Paragraph 100)
Tackling demand
5. The
Government must ensure that the research it is currently conducting
and its future research effort contributes to a much clearer understanding
of demand for trafficked people both for sexual and labour exploitation
in the UK, including the reasons why individuals and businesses
in the UK continue to seek trafficked people. (Paragraph 105)
6. The Government
should disseminate information obtained through research to those
responsible for combating trafficking both within and outside
the UK so that they can use it as guidance to devise and implement
policies to prevent people from falling into the hands of traffickers.
(Paragraph 106)
7. We commend the
imaginative publicity techniques employed by Operation Pentameter
to change the attitudes of men towards women and raise awareness
of the phenomenon of trafficking. However, we recommend the authorities
evaluate the effectiveness of these techniques. We recommend
that the Government conduct further programmes and awareness-raising
campaigns to change the attitudes of the general public towards
migrants so that their rights and freedoms are protected. (Paragraph
107)
8. Those who employ
trafficking victims should be named publicly so as to prevent
potential employers and others from doing the same. The Government
should also engage in a dialogue with sectors of the business
community which might be at risk of employing migrants illegally.
(Paragraph 108)
9. The minimum wage
legislation, as well as measures against illegal employment, should
be rigorously enforced to reduce the demand for trafficked workers.
The establishment of a single body (such as the Fair Employment
Commission) to enforce workers' rights would be a desirable first
step. (Paragraph 109)
10. We consider that
the development of lawful and managed migration channels, which
recognise the essential role that migrant labour plays in the
British economy, is an essential part of a successful anti-trafficking
strategy. (Paragraph 110)
Prohibition of trafficking
11. We
broadly agree that the current framework to prohibit and criminalise
trafficking complies with the relevant human rights obligations
to prohibit the practice. (Paragraph 115)
12. We recommend that
the Government should give urgent consideration to the extent
to which section 2 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004 and the provisions of the Immigration,
Asylum and Nationality Act 2006 concerning employment of illegal
migrants fail to address the specific circumstances of trafficking
and its victims. (Paragraph 116)
13. We agree with
those who argued that the legislative framework on trafficking
must reflect a human rights approach. To begin with, the protection
of victims of trafficking should be incorporated into, and placed
at the heart of, the legislative framework. This will
require the Government to review immigration laws and policies
currently in place in the context of their impact on the victims
of trafficking . The focus should be shifted from immigration
control to the prevention of exploitation of migrants and workers,
and care of victims. Promotion and protection of workers' rights
through enforcement of laws on slavery, working hours and the
minimum wage, for instance, can also reduce incentives for employers
to exploit migrants and therefore reduce the demand for trafficked
people. In this regard, the Government must have due regard to
its obligations under Article 4 (prohibition on slavery) of the
ECHR and Articles 6 (Right to Work) and 7 (Right to Just and Favourable
Conditions of Work) of the International Covenant on Economic,
Social and Cultural Rights 1966. (Paragraph 118)
Investigation, prosecution and punishment of traffickers
14. We
acknowledge and applaud the ongoing effort of the Government to
improve investigation, and the bringing to justice of traffickers,
and agree that the second arm of the Government's "twin-track"
approach, the tough law enforcement approach, is now being pursued
with some effectiveness. (Paragraph 133)
15. We warmly welcome
the establishment of the UK Human Trafficking Centre to provide
further co-ordination and focus to law enforcement efforts. (Paragraph
133)
16. The UK Human Trafficking
Centre must ensure as a matter of urgency that its objective of
developing a victim-centred approach to trafficking is articulated
clearly and swiftly, that this objective remains a central one,
informing all its law enforcement and other activities, and that
policies are implemented consistently by the UK's different police
forces and enforcement authorities. Enforcement of the law against
trafficking must always make the interests and the needs of the
victims a primary consideration, and their protection should be
at the heart of any law enforcement measures. In our view, this
is necessary to ensure that the Government fully meets its human
rights obligation to investigate, prosecute and punish traffickers
fully. (Paragraph 134)
17. The UK Human Trafficking
Centre and all other authorities will need to address the concerns
expressed by many of those who submitted evidence that there is
a lack of adequate knowledge, training, co-ordination/communication
and resources on trafficking among law enforcement agencies, other
concerned agencies, and NGOs at local and national levels. (Paragraph
135)
18. While the legislative
framework to prohibit trafficking is clearly in place, we share
the concerns of those who say that there have not been enough
prosecutions under the existing laws on trafficking, compared
to the number of victims arrested, detained and deported. Lack
of awareness and training among law enforcement agencies may be
contributing factors for this. Also, we recommend that the courts
should be more pro-active in issuing confiscation orders to seize
assets from traffickers. (Paragraph 136)
19. In the light of
the scale of the problem, in terms of both victims and criminals,
we recommend that the Government takes steps to identify best
practice in other countries where the volume of both victims rescued
and criminal convictions is higher. (Paragraph 137)
Protection of victims
20. Despite
the improvements which have been made to enable trafficking victims
to be identified, we agree with those who argued that further
significant progress is required so that they can reliably receive
protection and co-operate with law enforcement authorities. The
law enforcement agencies must work closely with local authorities,
NGOs, and other members of civil society in this regard, and further
development of training, especially on a multi-agency basis,
is required, including for the judiciary and the CPS. We also
agree that a national identification and referral system should
be established in line with OSCE recommendations. We believe the
Government should fund a public outreach and awareness campaign
through advertising and the use of a freephone number for victims
to self-refer and for those who use prostitutes to refer women
whom they think may have been trafficked. Such measures would
ensure that the UK was in line with the requirements of Article
10 of the Council of Europe Convention, which requires member
states to establish an effective system of identification and
referral and to implement training among law enforcement agencies.
(Paragraph 146)
21. While sexual intercourse
without consent is clearly an offence, we consider that men who
have used the services of trafficked prostitutes should not be
discouraged from reporting to the authorities their suspicions
that the women concerned may have been trafficked. While we note
and welcome Mr Coaker's view that those who genuinely come forward
to identify trafficking victims would not be prosecuted for rape,
it is clearly inconsistent for the authorities to suggest that
men who use the services of a prostitute who has been trafficked
will be prosecuted for rape, especially given the legal obstacles
to successful prosecution, and at the same time urge such men
to report such activity to the authorities or a helpline. While
we understand and recognise the reasons why politicians of all
parties have called for prosecution of such men for rape, it does
appear that this may have been counter-productive. We would welcome
further clarification of the Government's position on this question
in its response to this Report. (Paragraph 148)
22. When identified,
victims of trafficking should be promptly informed of their rights
in the UK. Such information on rights under the ECHR and other
instruments to which the UK is a party should also be disseminated
as widely as possible, in co-operation with human rights organisations
and other representatives of civil society, among sectors of the
population which may include trafficking victims, to encourage
them to report cases of human rights abuses with confidence and
ease. In this respect we commend an initiative of the Home Office
to distribute a document on workers' rights, published by the
TUC, to Accession 8 workers. (Paragraph 149)
23. In relation to
child victims of trafficking, we welcome the initiatives which
have been taken so far to assist in identifying them, such as
the Operation Paladin Child and the establishment of minor teams
at Heathrow Airport. We recommend that consideration should be
given to the extension of such initiatives to other major rail,
air and sea ports of entry to the UK, so that the Government can
properly monitor the flows of trafficked unaccompanied minors
and better ensure that they are identified whenever possible on
arrival in the UK. (Paragraph 150)
24. We urge the Government
to address the question of protecting victims' identities in court
proceedings, through judicial training if appropriate. (Paragraph
151)
25. In order to discourage
media practices which may affect the safety of victims, the Press
Complaints Commission should have, and use, wider powers to protect
the privacy of victims, as breaches of its Code. (Paragraph 152)
26. We believe there
is clearly insufficient capacity in the system to provide shelter
and specialist support services for the women who need them, and
we urge that capacity be expanded as a matter of priority. (Paragraph
155)
27. We believe it
is essential that security of funding is provided for projects
such as the Poppy Project. (Paragraph 156)
28. Victims of sex
trafficking must have specialist support. (Paragraph 158)
29. Victims of trafficking,
upon discovery, should have the opportunity to report their experiences
to the police and to ask that, where possible, steps be taken
against their traffickers or exploiters. (Paragraph 160)
30. We consider that
the question of the support available to trafficked children in
legal proceedings, in dealings with other authorities, and in
their daily lives, is a matter which needs to be reviewed urgently.
We are not persuaded that, generally, local authorities have developed
the necessary expertise to cater for the very special needs of
trafficked children. (Paragraph 165)
31. In relation to
the involvement of victims in court proceedings against their
traffickers, in some cases it may be necessary to liaise with
police forces in the source state to ensure protection for the
witness or his or her family (although we recognize that ensuring
this kind of protection will not always be easy or possible).
(Paragraph 167)
32. In our view proposed
changes to the domestic worker regime would mean that domestic
workers who are trying to flee a violent employer would be less
likely to do, and less likely to approach public authorities for
help or to report their abuse. We urge the Government urgently
to review these proposals and to ascertain their likely negative
impact on victims of trafficking. (Paragraph 169)
33. We consider that,
for the avoidance of doubt, the simplest way for the Government
to meet obligations relating to the provision of compensation
to trafficking victims would be to clarify the Criminal Injuries
Compensation Scheme rules as to the entitlement of trafficking
victims to claim under the Scheme. This could be dealt with as
part of the current review of the Scheme. (Paragraph 173)
34. We recommend that
risk assessments be introduced in relation to removal or repatriation
of trafficking victims to their countries of origin. (Paragraph
174)
35. The previous JCHR
pressed the Government to remove its reservation to the UN Convention
on the Rights of the Child in relation to immigration control,
and in our view the need for this to be done is further strengthened
by its potential effect in relation to child trafficking victims
if their best interests are not to be compromised. In their submissions,
both the NSPCC and ECPAT UK emphasised the need for specialist
support services and safe houses for child victims of trafficking,
and suggested that such victims should automatically have a right
of residence regardless of their willingness to take part in criminal
proceedings. We agree with these recommendations. (Paragraph 180)
36. The Government
should conduct more rigorous research on source countries in order
to make an accurate assessment on victims' return. In relation
to voluntary repatriation, as we have already suggested, the Government
must work closely with appropriate authorities and NGOs in source
countries to ensure that victims are able to reintegrate into
their societies. (Paragraph 182)
37. While all elements
of the Italian anti-trafficking approach may not be transferable
to the UK context, the fundamental philosophy behind it is one
which we found highly attractive and impressive. Its clear harmony
with human rights principles has had a profound influence on our
thinking about human trafficking policy within the UK, and we
commend it as a model for our own Government in developing its
strategy against human trafficking. We further urge the Government
to conduct its own research into the effectiveness of the Italian
approach. (Paragraph 195)
38. While many of
those who submitted evidence agree that the Government has started
taking some significant steps, and notwithstanding assurances
given to us, we consider that the current level of protection
provided to trafficking victims as a whole is still far from adequate.
Either through legislation or other means, effective protection
of trafficking victims must be put on a far more reliable basis
in order to meet the UK's human rights obligations. (Paragraph
197)
39. More specifically,
to improve protection of trafficking victims the Government needs
to—
- improve and develop training in the identification
of victims, and ensure that those who are identified as victims
of trafficking are not treated as criminals or immigration offenders
- ensure a more comprehensive approach to the provision
of basic support and assistance to victims upon their discovery
- place finance for victim support and accommodation
on a secure footing, although its provision will extensively involve
the experience, assistance and resources of NGOs
- put adequate procedures in place to ensure that
victims of trafficking are provided with appropriate support (including
interpreters and legal advice) to pursue effectively an application
for residence within the UK
- do more to assist those who are returned to their
country of origin (or voluntarily repatriated) to re-integrate
into their home society without increased vulnerability, particularly
to re-trafficking. (Paragraph 198)
40. We do not accept
that there is any realistic likelihood that the Council of Europe
Convention's provisions relating to reflection periods and residence
permits would act as a pull factor for migration into the UK.
(Paragraph 200)
41. We find the twin
concepts of reflection periods and residence permits to be highly
attractive as guarantors of the protection of the human rights
of trafficking victims and of the provision of other protection
and support measures to them. In Italy, as we have noted, there
is no provision for reflection periods as such, although temporary
residence permits provide de facto reflection periods,
and have protected victims' human rights effectively. However,
especially given the safeguards contained in the Council of Europe
Convention, we consider that all the evidence supports the case
for the UK to adopt these provisions. (Paragraph 202)
42. We understand
the point made by the Government that delays in co-operation with
the authorities by victims may reduce the likelihood of successful
apprehension and conviction of traffickers, but the welfare of
the victim must be the paramount consideration. We consider that
three months would be an appropriate standard length of time for
reflection periods. (Paragraph 203)
43. Although we recognise
that the UK is not bound by it, we recommend that the Government
uses the Council Directive on Residence Permits as a model for
residence permits for victims. This Directive obliges Member States
of the EU to provide residence permits of six months. (Paragraph
204)
44. We are firm in
the belief that the UK should sign and ratify the Council of Europe
Convention. We can see no convincing argument against this course
of action. While it would be possible for the UK to construct
a coherent human rights based approach to tackling human trafficking
outside the Convention, adherence to it in concert with the other
nations of the Council of Europe will in our view greatly strengthen
the framework of anti-trafficking policy in the UK, notably in
relation to the core matter of the protection of victims. (Paragraph
205)
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