NICEM BRIEFING ON H UMAN T RAFFICKING Helena Macormac

D EFINITION OF H UMAN T RAFFICKING AND THE EXTENT OF HT IN NI Trafficking Protocol 2003 (UN Convention Against Transnational Organized Crime); 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

I NTERNATIONAL INSTRUMENTS AND O BLIGATIONS PLACED ON S TATES INSTRUMENTS: Protocol to Prevent, Suppress and Punish Trafficking in Persons (UN 2000) CoE Convention on Action against Trafficking in Human Beings 2005; Group of Experts on Action Against Trafficking in Human Beings (GRETA) visited NI in 2011 EU Directive on Preventing and Combating Trafficking in Human Beings and protecting its victims 2011

OBLIGATIONS (3 Ps) : 1) Prohibit/prosecute trafficking/traffickers 2)Protect victims 3)Prevent Trafficking Identified as 3 key priorities in the EU strategy Towards the Eradication of Trafficking in Human Beings

H OW NI LEGISLATIVE FRAMEWORK RESPONDS TO OBLIGATIONS 1) Prohibit/prosecute trafficking/traffickers ; Sexual Offences Act 2003, Asylum and Immigration Act 2004, NI Criminal Justice Bill 2) Protect victims; NRM mechanism, 45 day reflection period 3) Prevent Trafficking ; Coroners and Justice Act 2009, (prohibits slavery) Sexual Offences Order 2008 ( controlling prostitution), Policing and Crime Act 2009 ( paying for sexual services) Gangmaster Licensing Act 2004,, Immigration, Asylum and Nationality act (knowingly employing illegal immigrants

P ROPOSALS FROM NICEM FOR A MORE EFFECTIVE FRAMEWORK ; 1. A single more consolidated statute 2. Sentencing guidelines should be revised to reflect the severity of the crime 3. Objective research and assessment of the current law enforcement practices 4.More proactive participation of NGOs in the NRM 5. NI gov should make more use of confiscated criminal proceeds and consider establishing a victims trust fund

6. Provision of reflection period and temporary residence permit, a right of appeal against CA’s decision as well as non-criminalisation of victims incorporated in to legislation 7. Increase sentencing for relevant offences and close legislative gap with GB 8. Increase awareness raising 9. Appointment of an independent anti- trafficking coordinator

U PDATES : NICEM’s presentation to the Justice Minister Nov 2012; no plans to consolidate legislation at the moment revision of sentencing; issue of whether it should be an indictable offence, LCJ will issue sentencing guidance fro trafficking for labour when first case arises Research- sufficient practices in place Will look at issue of victims trust fund as system different from GB, no civil assets recovery DOJ looking at putting support for victims on a statutory basis Right to appeal CA decisions; matter for the UKBA, DOJ have written to UKBA to ask for more info DOJ developing a communications strategy which will include awareness raising initiatives No plans for independent rapporteur as the Directive states that a rapporteur mechanism should be in place but does not require the rapporteur to be independent so it was agreed the Inter- Departmental Ministerial Group would fulfill this function for the UK

Criminal Justice Bill -Bring NI legislation in line with Protection of freedoms Act creates 2 new offences, widens existing offence in relation to labour exploitation -NICEM gave evidence to DOJ committee in Nov focused on issue of compliance with CoE Convention and UN protocol – Bill is now at the consideration stage, final stage scheduled for 8 th April

GRETA REPORT (Nov 2012) welcomed initiatives such as establishment of NRM and UK gob strategy on tackling HT Further action required on an extensive list of areas including; - treatment of child victims, lack of convictions, need for a clear legal and policy framework -Report provides an extensive list of recommendations including training, data collection, awareness raising and the need for a more comprehensive approach

Joint APG on HT and APG on EMC roundtable Nov 2012, chaired by director of anti-slavery international - Need for expansion of specialist legal help in NI- practitioners group - Need for a joined up approach, one stop shop - Partnerships between NGOs and non-NGO - Further frank and honest discussions with politicians and civil society - -need for increased capacity for identification - Systematic response to compensation - Need for a wider follow up event to assess progress against NICEM briefing paper

DOJ NGO engagement Group -established December consists of those who responded to DOJ consultation on NGO engagement as well as officials including DOJ and PSNI - 2 meetings to date - 3 sub groups; awareness raising, education, training

Lord Morrows Bill -drafted by CARE (Christian Action Research and Education) -much debate has focused on clause 4; making it an offence to buy the services of a prostitute - Not supported by Justice Minister

Recent News coverage; Centre for Social Justice Report “Shameful” Failure to tackle slavery and human trafficking in the UK- headline from the Observer 9/3/ page report from Conservative thinktank -researchers stunned at lack of awareness amongst front line officials including UKBA and social services, HT not a performance indicator for police so no incentive -more than 80 recommendations