United Nations agency says government data does not support claims that modern slavery system is being abused
The United Nations' International Organization for Migration (IOM) yesterday became the latest international body to raise serious concerns over the Government's Illegal Migration Bill.
In a statement, the IOM expressed its deep concern over the impact the Bill would have on the modern slavery protection system in the UK. IOM warned that the legislation would limit the ability of survivors of modern slavery to report trafficking and to obtain help and assistance.
IOM's statement says: "The proposed Illegal Migration Bill in its current form would make it impossible for victims who arrive in an irregular manner to access the [National Referral Mechanism (NRM)] and get the support and protection they need. Instead, these persons would be detained and removed."
The statement adds that countries must act in compliance with international and regional law obligations and conventions when managing their borders, including the Council of Europe Convention on Action Against Trafficking in Human Beings (ECAT). Victims of trafficking should not be subject to detention or prosecution for the irregular entry or residence in transit or destination countries, IOM emphasised.
While Government ministers have stated that action on modern slavery laws is needed to prevent abuse of the system, IOM said it was unable to find evidence of misuse.
Immigration minister Robert Jenrick, for example, told the Commons yesterday during the second day of the Illegal Migration Bill's committee stage: "When the Modern Slavery Act was passed in 2015, the impact assessment envisaged 3,500 referrals a year, but last year there were 17,000 referrals. The most referred nationality in 2022 was citizens of Albania, a safe and developed European country, a NATO ally and, above all, a signatory to the European convention against trafficking. … In 2021, 73% of people who arrived on small boats and were detained for removal put forward a modern slavery claim."
IOM UK's Chief of Mission, Christa Rottensteiner, noted: "There have been several statements around irregular migrants allegedly abusing the modern slavery protection system. Publicly available data shows no evidence of abuse. In addition, only 7 per cent of individuals arriving in small boats are referred as potential victims of modern slavery."
IOM says that its analysis of publicly available government data about the NRM does not find evidence of misuse, but rather highlights a number of concerns for victims about the current system.
A short briefing here outlines IOM's concerns. It notes: "Almost 90% of individuals referred to the NRM in 2022 who have received a decision were found to be a victim of modern slavery and trafficking by the Home Office (the decision-makers). … Individuals cannot self-refer to the NRM, they can only be referred by trained professionals working for organisations permitted by the Home Office to make referrals … In 2022, nearly half of all individuals referred to the NRM were referred by entities within the Home Office, including Border Force, UK Visas and Immigration, and Immigration Enforcement."
The IOM briefing adds: "Despite references to Albanian nationals allegedly abusing the NRM, two third of Albanians referred in 2022, who received a decision from the Home Office, were found to be victims. Albanian nationals have been in the top 3 most referred nationalities in the NRM since records began in 2014, so this is not a new trend."
A letter to Prime Minister Rishi Sunak published yesterday by After Exploitation warns the Illegal Migration Bill will drive modern slavery underground and inflict harm on survivors. The letter was signed by 60 NGOs, academics and MPs.
"As awareness of trafficking has grown, the prevalence of serious exploitation in the UK is beyond doubt. Yet, your Illegal Migration Bill does not tackle the issue directly. Instead, it threatens survivors with detention and removal for entering the country without immigration leave. Under the measures, many survivors would not be recognised as victims, even in cases where they were deceived with fake job offers and documents, or forced to cross borders through threats and violence. If passed, the measures would drive modern slavery underground by removing survivors' ability to report trafficking and access assistance," the letter states.
The letter also expresses concern at the Government's "villianisation" of trafficking victims, such as the Home Secretary claiming that people confirmed as victims are 'gaming the system'.
A Home Office spokesperson was quoted by the Guardian as saying: "The Illegal Migration Bill will change the law so that if someone is identified as a potential victim of modern slavery or human trafficking, we will ensure they are safely returned home or to another safe country, away from those who have trafficked them."