An Overview of the UK s Obligations. Sarah St Vincent The AIRE Centre

Similar documents
(Legislative acts) DIRECTIVES

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL FRAMEWORK DECISION

REGULATORY IMPACT ANALYSIS

Modern Slavery Bill House of Lords Second Reading 17 November 2014

Information Note on Trafficking

CRIME (TRANSNATIONAL ORGANIZED CRIME) (JERSEY) LAW 2008

TRAFFICKING IN PERSONS

1 Ratified by the UK on 9 February Ratified by the UK on 7 April Ratified by the UK on 16 December 1991.

Addressing Trafficking of Human Beings in EU External Cooperation

Trafficking and Smuggling of Migrants under International Law

Trafficking in human beings - EU legal and policy framework

BRADY CORPORATION POLICY AGAINST FORCED LABOR AND HUMAN TRAFFICKING

TRAFFICKING AND NATIONAL REFERRAL MECHANISM

Médecins du Monde Greek Delegation

Council of Europe Convention on Action against Trafficking in Human Beings

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

The Impact of the EU Charter on Fundamental Rights University of Kent 7 December 2017

REPORT FORM PROTOCOL OF 2014 TO THE FORCED LABOUR CONVENTION, 1930

Modern Slavery Bill EXPLANATORY NOTES. Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 8-EN.

FIJI ISLANDS IMMIGRATION ACT Part 5 - TRAFFICKING AND SMUGGLING OF PERSONS

Trafficking in Human Beings. Dr. Vladislava Stoyanova

What to Criminalise? Forced Labour, Trafficking, and Labour exploitation as Competing Concepts

Modern Slavery Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS PART 1 OFFENCES

MODERN SLAVERY: A ROLE FOR NURSES

Victims of human trafficking and Modern Slavery

Migration Terminology

Trafficking in Persons in International Law

Executive summary Malta Country report on measures to combat discrimination by Tonio Ellul

International Covenant on Civil and Political Rights 1 Adopted 16 December 1966 Entered into force 23 March 1976

Refugee Law: Introduction. Cecilia M. Bailliet

COMMISSION OF THE EUROPEAN COMMUNITIES REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

Human trafficking, exploitation, and displacement in Syria

based on an unofficial English translation of the draft provided by the OSCE Project Co-ordinator in the Ukraine

COMBATING OF TRAFFICKING IN PERSONS ACT

Draft Modern Slavery Bill

Modern Slavery Bill [AS AMENDED ON REPORT] CONTENTS PART 1 OFFENCES

Response of the Slovak Republic to Questionnaire on domestic servitude

FOURTH SECTION. Application no /09 by Elizabeth KAWOGO against the United Kingdom lodged on 14 October 2009 STATEMENT OF FACTS

AMENDMENT 343. EN United in diversity EN 2010/0064(COD) Draft report Roberta Angelilli (PE v03-00)

Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Malta

Legal tools to protect children

Guidance for NGOs to report to GRETA La Strada International and Anti Slavery International

Recommended Principles and Guidelines on Human Rights and Human Trafficking (excerpt) 1

Migrant Rights Centre Ireland

PREVENTION OF HUMAN TRAFFICKING ACT (No. 45 of 2014)

What is Modern Slavery?

REPORT ON CHANGES MADE TO MY DISSERTATION ON THE RECOMMENDATIONS OF THE EXAMINERS

Immigration Act 2014

European Compliance & Ethics Institute May London, UK

30 Basic Human Rights List Universal Declaration of Human Rights

The Anti Trafficking in Persons Law Chapter I Title, Jurisdiction and Definition the Anti Trafficking in Persons Law. Trafficking in Persons

HUMAN RIGHTS. The Universal Declaration

Legal Aspects of Combating Human Trafficking in Moldova

IDENTIFYING AND INVESTIGATING CASES OF FORCED LABOUR AND HUMAN TRAFFICKING

Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013

UNIVERSAL DECLARATION OF HUMAN RIGHTS

Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Cyprus

It now has over 200 countries in the General Assembly which is like a world parliament.

COMBATING OF TRAFFICKING IN PERSONS ACT 2009

Adult Modern Slavery Protocol FOR Local Authorities

Adam Smith International Human Trafficking and Modern Slavery Policy

QUESTIONNAIRE FOR THE NATIONAL REPORT ON THE IMPLEMENTATION OF THE DIRECTIVE : VICTIMS OF TRAFFICKING OF 29 APRIL Estonia.

Human Trafficking (Further Provisions and Support for Victims) Bill [HL]

G R E T A Group of Experts on Action against Trafficking in Human Beings

Parliament of Australia Department of Parliamentary Services

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

(2006/618/EC) approved by means of a separate decision of the Council ( 4 ).

Cameroon: Researched and compiled by the Refugee Documentation Centre of Ireland on 16 June 2011

N.B. IRELAND IS NOT BOUND BY THIS DIRECTIVE. Last amendments made on 11 November 2007.

Human Trafficking: Everybody s Business

Scottish Trades Union Congress Response Justice Committee s Call for Evidence on Human Trafficking and Exploitation (Scotland) Bill

Legal Opinion on. the UK legislation. on Human Trafficking

QUESTIONNAIRE FOR THE NATIONAL REPORT ON THE IMPLEMENTATION OF THE DIRECTIVE : VICTIMS OF TRAFFICKING OF 29 APRIL the UNITED KINGDOM

Child Trafficking, Exploitation and Abuse Justice and Support for Children. Who is responsible? Bharti Patel CEO, ECPAT UK

Human Trafficking: Municipal Initiative is Key

CHAPTER 383 HONG KONG BILL OF RIGHTS PART I PRELIMINARY

COMMISSION OF THE EUROPEAN COMMUNITIES

Recommendation CP(2014)15 on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Iceland

Adopted and opened for signature, ratification and accession by General Assembly resolution 55/25 of 15 November 2000

United States Trafficking in Persons Report 2014, p 11.

Immigration, Asylum and Refugee ASYLUM REGULATIONS 2008

CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA ACT NO 108 OF 1996

Use of the Delphi methodology to identify indicators of trafficking in human beings Process and results

Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill [HL]

Trafficking Victims and Immigration Status. Matthew Fraser 12 September 2018

Recommendation CP(2013)4 on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Portugal

DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

Contribution by Save the Children to the European Parliament Seminar On Combating and Preventing Trafficking in Human Beings June 10, 2010

UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME

Economic and Social Council

E5 Human Rights Policy. Kelda s Human Rights policy applies to every Kelda employee and is based on the following key principles:

Stage 1 Report on the Human Trafficking and Exploitation (Scotland) Bill

International regulations Standards for implementation

Annex II. Preamble. The States Parties to this Protocol,

Northern Ireland Modern Slavery Strategy 2018/19

for Policies & Procedures

Ten years of implementation of the Convention on Action against Trafficking in Human Beings: impact and challenges ahead

325/1999 Coll. ACT on Asylum

MINISTRY OF THE INTERIOR. ACT ON INTERNATIONAL AND TEMPORARY PROTECTION clean version

NHS Dorset Clinical Commissioning Group s response to the requirements of the Modern Slavery Act 2015

Transcription:

An Overview of the UK s Obligations Sarah St Vincent The AIRE Centre 1

Topics We Will Cover 1. The Directive: What does it add to existing law? 2. Specific obligations placed upon the UK 2

TOPIC 1: The Directive: What does it add to existing law?

State of the Law Before the Council of Europe Convention on Action against Trafficking in Human Beings The UK signed and ratified this convention, so it was bound by it at the international level. Directive European Convention on Human Rights European Court of Human Rights had found that Article 4 of the Convention prohibits trafficking and places some positive obligations on the Contracting States, including the UK (see, e.g., Siliadin, Rantsev). However, the UK never adopted legislation incorporating the Convention into domestic law. This meant that the Convention s provisions were not enforceable in domestic courts or tribunals; it was not possible to rely upon them directly. In particular, the UK is obligated under Article 4 to criminalise acts of trafficking and servitude, investigate potential or alleged violations, prosecute where appropriate, protect individuals in its territory from trafficking and adopt legislative measures capable of preventing trafficking. 4

The Directive: Direct Effect Under EU law, a directive s provisions are binding upon the UK and enforceable in its courts and tribunals if: The provision in question imposes an obligation that is precise, clear and unconditional; It does not call for additional national or EU measures in order to become effective; and The deadline for Member States to transpose the directive (i.e. adopt national legislation giving effect to it) has passed. The deadline for the Member States to transpose Directive 2011/36 passed on 6 April 2013. 5

The Directive: Direct Effect (cont d) As the deadline for the transposition of the Directive has now passed: The UK must comply with those provisions that are precise, clear and unconditional. It is possible for UK courts and tribunals to refer questions concerning the meaning and implementation of the Directive to the CJEU. In theory, it is possible to seek Francovich damages if the UK breaches its obligations under the Directive. 6

The Directive: Indirect Effect A provision of the Directive that does not have direct effect, but which the UK has not adequately implemented, will still have indirect effect. This means that the UK courts and tribunals must interpret national law in line with the provision. In EU law, there are often disputes as to whether a provision of a directive has direct, or only indirect, effect. 7

The Directive and the Charter When implementing the Directive, the UK is obligated to comply with the Charter of Fundamental Rights of the European Union. The Charter guarantees, inter alia: The right to life The right to physical and mental integrity The right to freedom from torture and inhuman or degrading treatment or punishment Freedom from slavery, servitude, forced or compulsory labour and human trafficking The right to respect for private and family life The right to protection of personal data The right to asylum Freedom from discrimination on grounds such as sex, race, religion, disability, age, etc. Children s right to have their best interests be a primary consideration in all decisions taken by public or private authorities The right of the elderly to lead a life of dignity and independence 8

TOPIC 2: Specific obligations placed upon the UK

Trafficking in Human Beings: A Punishable Offence The UK must take the necessary measures to ensure that the following acts, when intentional, are punishable: [1]The recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, [2]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, [3] for the purpose of exploitation. Where the victim is a child under 18, only the first and third elements are required. The Directive provides that certain behaviours necessarily constitute exploitation (e.g. sexual exploitation and forced labour). 10

A Punishable Offence (cont d) These acts must be punishable by at least five years in prison, or at least ten years if certain aggravating circumstances are present (e.g. if the victim was a child or was committed by use of serious violence ). It must be possible to hold legal persons (in addition to natural persons) liable for these offences. Additionally, it must be possible for the UK to seize/confiscate the instrumentalities and proceeds of these offences. 11

A Punishable Offence (cont d) The UK must further ensure that inciting, aiding and abetting or attempting to commit a trafficking offence (as defined in the Directive) are all punishable offences. They must be punishable by effective, proportionate and dissuasive penalties. Proceeds are liable to confiscation/seizure. 12

Non-prosecution of the Victim Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activities which they have been compelled to commit as a direct consequence of being subjected to [trafficking]. Note that the Directive does not say that victims cannot or should not be prosecuted. 13

Jurisdiction The UK must take the necessary measures to establish its jurisdiction over trafficking offences where: The offence is committed wholly or partly in UK territory (NB: it s unclear exactly what that territory might include); or The offender is a UK national. (It is unclear whether this applies where an individual has British nationality but is not a British Citizen, although presumably it does.) 14

Investigation and Prosecution Investigation and prosecution must not be dependent upon reporting by the victim. Criminal proceedings must be able to continue even if the victim withdraws his/her statement. The UK must take the necessary measures to ensure that persons, units and services responsible for investigating or prosecuting trafficking are adequately trained and have access to effective investigative tools. 15

Assistance, Support and Protection for Adult Victims The UK must Take the necessary measures to ensure that assistance and support are provided to victims before, during and for an appropriate period of time after criminal proceedings Provide assistance and support as soon as the competent authorities have a reasonable-grounds indication that an individual is a victim of trafficking Ensure that assistance and support are not conditional on the victim s willingness to cooperate in criminal investigations or proceedings Take the necessary measures to establish appropriate mechanisms to identify and assist victims Ensure that the assistance and support provided are sufficient to ensure a standard of living that will at least enable the victim to subsist 16

Prevention The UK must Take appropriate measures to discourage and reduce the demand that leads to trafficking Take appropriate action to raise awareness of trafficking and reduce the risk thereof (especially for children) Promote regular training for officials who are likely to come into contact with victims or potential victims of trafficking 17