Victims of human trafficking and Modern Slavery

Transcription

1 Victims of human trafficking and Modern Slavery Kate Roberts

2 Identification Rose was from West Africa. She described how she was tricked and trafficked to the UK for forced prostitution. She was frequently drugged and beaten by her trafficker to make her easier to control. When as a result of her abuse Rose became too ill to work her trafficker called the police to report Rose as an illegal immigrant. Rose ended up in a detention centre prior to removal from the UK. Rose was only identified as a victim of trafficking once in detention by the former Poppy Project. There is a risk that many others are not identified.

3 Human Trafficking Low risk, high profit crime Home Office estimate 13,000 victims in the UK 3,266 referrals into the National Referral Mechanism for identifying victims of trafficking in 2015

4 Horse Trading The Traffickers View I5EtcewdM Gangmasters Licensing Authority

5 What is human trafficking? The Act The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation PROTOCOL TO PREVENT, SUPPRESS AND PUNISH TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME

6 What is Modern Slavery? Modern Slavery: encompasses slavery, human trafficking, servitude, forced or compulsory labour. Traffickers and slave masters use whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment HM Government

7 Modern Slavery Act The Modern Slavery Act received Royal Assent and became law on the 26 March Provisions contained within the Act include: The consolidation of the existing slavery and trafficking offences The introduction of two new civil orders to enable the courts to place restrictions on those convicted of modern slavery offences, or those involved in such offences but not yet convicted The establishment of an independent Anti-Slavery Commissioner to encourage good practice on the prevention of modern slavery offences and the identification of victims. The provision of mechanisms for seizing traffickers assets and channelling some of that money towards victims for compensation payments The creation of a new statutory defence for slavery or trafficking victims compelled to commit criminal offences The provision of child trafficking advocates

8 Implementation of the Act In 2015, 117 offenders were prosecuted for modern slavery offences in the UK, 19% higher than the 98 prosecuted in However this is still a small proportion of referrals into the NRM, and number of estimated victims in the UK (13,000 according to the Home Office). In the same period there was a 40% increase in the number of victims referred into the National Referral Mechanism (3266 victims were referred in during 2015). However this only tells you the number of potential victims who have been identified and who have consented to a referral into the office identification system. The long term outcomes for these victims are still unclear and data on this is not available.

9 Identification Fearful of going to authorities if no immigration status Risk of detention None identification even when indicatorspassport kept. Reported as missing person Preconceptions about perfect victim. May not use language of trafficking or know what is relevant to disclose May not know names, places, dates, appear coached.

10 Trafficked? Maria (from the Philippines) entered the UK legally on an overseas domestic worker visa. She was found cleaning in a restaurant owned by her employers during an immigration raid. She was detained as this was in breach of the terms of her visa which is for work in a private household only. She said she had never seen her passport since being in the UK, didn t know her immigration status and for the 6 months she d been here had been paid 10 or 20 a month. Maria explained her employer made her clean the restaurant and other houses in addition to her normal job Lisa (from Albania) has been in the UK for two years. She works in a nail bar. She paid someone 3,000 to bring her to the UK without a visa. Since then she has made her own way doing jobs for cash in hand. She believes she is paid less than she would be if she had a UK visa. Her landlord also keeps threatening to evict her if she doesn t show him her UK immigration papers soon

11 National Referral Mechanism (NRM) Introduced in 2009 to meet the UK s obligations under the Council of European Convention on Action against Trafficking in Human Beings. The NRM is primarily an identification system but once an individual has a first stage Reasonable Grounds decision it entitles them to some short term support. Under review

12 National Referral Mechanism (NRM) Identification Advice YES Referral by a 1 st responder 5 days RG decision 45 days Recovery period Safe house Care worker Advice Legal Aid Consent NO Duty to notify

13 Consent All adult victims need to give informed consent to an NRM referral How realistic is this? no legal aid prior to Positive Reasonable Grounds decision, no accommodation before committing to enter NRM, understanding, interpretation, advice, new concepts No way of challenging a negative RG decision, even if referral incorrect

14 Why might someone chose not to enter the NRM?

15 Not consenting to an NRM referral Threats No long term options Chose exploitation and sending a little money home above earning nothing Don t understand what it is for Fear of authorities Nb- children do not need to consent to an NRM referral

16 What happens to the victims? TSA record initial move on accommodation (see year 5 annual review) - Living with friends/ family/ partner Asylum Support Accommodation Private Accommodation Private Accommodation (EEA country- not UK)-79 - No information Reported as missing person- 45

17 Issues with disclosure Language Concept of slavery Taboo Mental health issues Fear- of traffickers and of authorities

18 Duty to notify The duty to notify is set out in Section 52 of the Modern Slavery Act 2015, and applies to the following public authorities in England and Wales at the time of publication (additional public authorities can be added through regulations): Police National Crime Agency Local Authorities Gangmaster s Licensing Authority MS1 form dutytonotify@homeoffice.gsi.gov.uk. Home Office encourages organisations to carry voluntary duty to notify as best practise, if they do not have a legal duty to notify under the Act.

19 Forms of Modern Slavery? Indicators of exploitation?

20 Indicators- NRM forms general indicators for modern slavery Distrustful of authorities Expression of fear or anxiety Signs of psychological trauma (including post traumatic stress disorder) The person acts as if instructed by another Injuries apparently a result of assault or controlling measures Evidence of control over movement, either as an individual or as a group Found in or connected to a type of location likely to be used for exploitation Restriction of movement and confinement to the workplace or to a limited area Passport or documents held by someone else Lack of access to medical care

21 General indicators- continued Limited social contact / isolation Limited contact with family Signs of ritual abuse and witchcraft (juju) Substance misuse Person forced, intimidated or coerced into providing services Doesn t know home or work address Perception of being bonded by debt Money is deducted from salary for food or accommodation Threat of being handed over to authorities Threats against the individual or their family members Being placed in a dependency situation No or limited access to bathroom or hygiene facilities Self identifies

22 Indicators of forced or compulsory labour No or limited access to earnings or labour contract Excessive wage reductions, withholding wages, or financial penalties Dependence on employer for a number of services for example work, transport and accommodation Any evidence workers are required to pay for tools, food or accommodation via deductions from their pay Imposed place of accommodation Found in poor living conditions Evidence of excessive working days or hours Deceived about the nature of the job, location, or employer Any other, please provide details in section H Employer or manager unable to produce documents required when employing migrant labour Employer or manager unable to provide record of wages paid to workers Poor or non-existent health and safety equipment or no health and safety notices Any other evidence of labour laws being breached

23 Indicators of domestic servitude Living with and working for a family in a private home or place of accommodation Not eating with the rest of the family or being given only leftovers, or inadequate food No private sleeping place or sleeping in shared space for example the living room No private space Forced to work in excess of normal working hours or being on-call 24 hours per day Employer reports them as a missing person Employer accuses person of theft or other crime related to the escape Never leaving the house without permission from the employer

24 Indicators of sexual exploitation Adverts for sexual services offering individuals from particular ethnic or national groups Sleeping on work premises Movement of individuals between brothels or working in alternate locations Individuals with very limited amounts of clothing or a large proportion of their clothing is sexual Only being able to speak sexual words in local language or language of client group Having tattoos or other marks indicating ownership by their exploiters Person forced, intimidated or coerced into providing services of a sexual nature Person subjected to crimes such as abduction, assault or rape Someone other than the potential victim receives the money from clients Health symptoms (including sexual health issues)

25 These lists are not exhaustive Reasonable Grounds stage is a low threshhold: Suspect but cannot prove But: No support or advice prior to RG decision If don t enter NRM no support

26 HMIC- Inspection of Modern Slavery and Human Trafficking July 2016 Home Secretary commissioned Her Majesty s Inspectorate of Constabulary (HMIC) to inspect the policing response to the Modern Slavery Act Themes include: Prioritising Modern Slavery Crimes Recording these crimes Proactive as well as reactive in investigations Awareness of modern slavery crimes Supporting and safeguarding victims

27 Contacts and further information NRM Referral Modern Slavery Helpline Victim Referral: Salvation Army Advice- Children ECPAT AFRUCA