Anti-Trafficking Legal Project (ATLeP)     ATLeP Home About ATLeP ATLeP Training ATLeP Country Research Law and Policy Caselaw Trafficking Research Research websites Support for Victims UK Commitments Palermo Protocol Council of Europe Convention UN Convention on the Rights of the Child Home Office Policy Guidance and Instructions Tribunals Service Criminal Justice System (including Crown Prosecution Service guidance) Additional guidance specific to children Parliamentary Committees Hansard statements International Sources Compilations of international sources UNHCR documents, UNICEF guidelines, other Special Rapporteurs Treaty Monitoring Bodies Identifying UN materials by country, theme                 UK COMMITMENTS Palermo Protocol Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention Against Transnational Organized Crime (also know as the Palermo Protocol) This protocol (which is in force) was signed by the United Kingdom on 14 December 2000 and ratified on 9 February 2006. It defines trafficking and contains provisions aimed at addressing the problem, including victim protection measures. Back to top   Council of Europe Convention and UK Action Plan Council of Europe Convention on Action against Human Trafficking The Council of Europe Convention on Action against Human Trafficking came into force on 01 February 2008. A list of all country signatories and ratifications is available here. The Group of Experts on Action against Trafficking in Human Beings (GRETA), a group of independent experts on action against trafficking in human beings, will monitor implementation of the Convention. GRETA will regularly draw up reports evaluating the measures taken by the States Parties to the Convention. GRETA met for the first time on 27-29 February 2009 to prepare for the first monitoring round of the Convention. Further information is available on the Council of Europe web pages on Action against Human Trafficking. The UK signed the Council of Europe Convention on Action against Human Trafficking on 23 March 2007. The UK ratified the Convention on 17 December 2008. The Convention came into force in the United Kingdom on 1 April 2009. The Home Office and Scottish Government published its revised UK Action Plan on Tackling Human Trafficking in October 2009.  This document sets out the Government’s strategy to tackle human trafficking and updates previous Action Plans published in July 2008 and the first Action Plan of March 2007. The Home Office Crime Reduction web page on the implementation of the Convention contains information on the National Referral Mechanism of victim identification and support arrangements, the referrals process and relevant forms. See Home Office Policy Guidance and Instructions section below for further information and updates. See also ATLeP's article, The Trafficking Convention - Meaningful Protection or Rhetoric? in our Publications section for a discussion of our concerns in relation to the way the Convention is to be implemented in the UK. The following Council of the European Union Directive is in force, however the UK opted out of its provisions and consequently it does not apply in the UK: Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities.   Back to top   UN Convention on the Rights of the Child The UK ratified the UN Convention on the Rights of the Child in 1991. On 22 September 2008, the UK removed its historic immigration reservation to the Convention which had previously reserved the right to apply the Convention in relation to the entry into, stay in and departure from the United Kingdom of those who did not have the right under the law of the United Kingdom to enter and remain in the United Kingdom, and to the acquisition and possession of citizenship. At the same time, the government announced its intention to ratify the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography and has now done so.   Back to top   Home Office Policy Guidance and Instructions See Home Office Crime Reduction web page on the implementation of the Convention for overview and process maps of the National Referral Mechanism, referral forms and guidance both for adult victims and for child victims. Enforcement Instructions and Guidance: Chapter 9- Identifying Victims of Trafficking, 2009 Asylum Process Guidance: Victims of Trafficking, Home Office, current *New* Asylum Process Guidance: Supplementary guidance for deciding if an individual is eligible for the provisions of the Council of Europe Convention on Action against Trafficking in Human Beings, current Asylum Process Guidance: Detained fast track and detained non-suspensive appeals- intake selection Includes in relation to individuals unlikely to be suitable for entry or continued management in the Detained Fast Track or Detained Non-Suspensive Appeals processes: "Those for whom there has been a reasonable grounds decision taken [and maintained] by a competent authority stating that the applicant is a potential victim of trafficking or where there has been a conclusive decision taken by a competent authority stating that the applicant is a victim of trafficking" (pgph 2.3) Asylum Policy Instruction: Gender issues in the asylum claim, Home Office, 2006 Home Office Crime Reduction Toolkits: Trafficking in People The Home Office Crime Reduction Toolkit is intended for use by senior officers responsible for developing strategies for combating such crime, and officers and staff in relevant agencies responsible for implementing these strategies. It contains guidance on trafficking, roles of services, victim perspectives and interviewing. It is referred to in the Operation Enforcement Manual chapter on identifying victims of trafficking for sexual exploitation. Previous Home Office policies Please note that these are not in force but are placed here by ATLeP in case these have relevance for practitioners dealing with older cases. Asylum Process Guidance: Victims of Trafficking, Home Office, June 2008 Operation Enforcement Manual Chapter 42: Identifying victims of trafficking for sexual exploitation   Back to top   Tribunals service On 15 February 2010, the Asylum and Immigration Tribunal moved into a new two-tier structure within the Tribunals Service.  Website links for the two new bodies and associated forms, procedure rules, guidance and caselaw etc are available here: First Tier Tribunal (Immigration and Asylum Chamber) Upper Tier Tribunal (Immigration and Asylum Chamber) As they form part of the unified tribunals system, the Practice Direction of the Senior President of Tribunals on Child, Vulnerable, Adult and Sensitive witnesses will be applicable to the new chambers.    Back to top   Criminal Justice System Human trafficking offences *New* The Coroners and Justice Act 2009 at Clause 71 Slavery, servitude and forced or compulsory labour creates a new offence of holding another person in slavery or servitude, or requiring another person to perform forced or compulsory labour.  The Ministry of Justice announcement about the new law is available here. Other human trafficking offences in UK law are outlined in the Crown Prosecution Service guidance on Human Trafficking and Smuggling below. Crown Prosecution Service Guidance Crown Prosecution Service guidance on Human Trafficking and Smuggling See in particular the CPS guidance on the prosecution of defendants charged with offences who might be trafficking victims and the guidance on the prosecution of young defendants charged with offences who might be trafficking victims. Criminal Justice System Tackling Trafficking Toolkit The Criminal Justice System (CJS) Tackling Trafficking Toolkit, issued in December 2009, provides advice and support to practitioners who may come into contact with victims or perpetrators of human trafficking.  Different sections outline specific arrangements for agencies including Competent Authorities, UKBA, CPS, Police, Local Authorities and other relevant agencies.   Back to top   Additional Guidance Specific to Children Department for Children, Schools and Families letter to all Local Authorities about the National Referral Mechanism, 01 April 2009 See Home Office Crime Reduction web page on the implementation of the Convention for overview and process maps of the National Referral Mechanisms, child referral form and guidance, and the child trafficking assessment tool. London Safeguarding Children Board, London Safeguarding Trafficked Children Toolkit 2009 HM Government, Working Together to Safeguard Children: Safeguarding children who may have been trafficked, 2007   Back to top   Parliamentary Committees Home Affairs Committee Home Affairs Committee - Sixth Report. The Trade in Human Beings: Human Trafficking in the UK, 14 May 2009 The Home Affairs Committee carried out an inquiry in 2008 into human trafficking to examine the progress of the UK government in combatting this trade since the critical report of the Joint Committee on Human Rights in 2006. ATLeP was among the experts and organisations invited to give oral evidence to the committee and also submitted two written submissions as evidence. See ATLeP's Policy Work for copies of our submissions. Joint Committee on Human Rights *New* Oral Evidence of Mr Campbell MP, Parliamentary Under Secretary of State, Home Office to the Joint Committee on Human Rights (26 Jan 2010) on the subject of human trafficking. 'Mr Campbell: Yes, which is why it is important that we have that period of reflection, both to resolve the issue in our country and make sure that those people who need to be held to account are. Also we consider, as best we can, what is in the best interests of the individuals themselves. To be honest, there is probably a limited amount that we can do to change all of the material circumstances that might have led to the problem in the first instance, but that is why it is important that we do everything we can at a multi-national level, but we also take some time to reflect on what is not just in the interests of that individual but to make sure that they are not being put at risk of their lives or indeed of being retrafficked. I would say, perhaps going back to our original point, that I am not sure there is a great deal of evidence yet and we need to do some more work on that retrafficking element of it. There is plenty of anecdotal evidence.'  Joint Committee on Human Rights, Human Trafficking: Update. Twenty first Report of Session 2006-7, 10 October 2007 - update on the Committee's continuing scrutiny of the Government’s actions against human trafficking. Joint Committee on Human Rights, Human Trafficking, Twenty-sixth report of session 2005-6, 9 October 2006 The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom. Its report on human trafficking considers the scale and nature of human trafficking in the UK, the effectiveness of the UK's fulfilment of its obligations to prohibit trafficking and enforce the law against traffickers; and the effectiveness of policies in the UK for the protection of victims. Back to top Hansard Comments Hansard, House of Commons, Column 157WH, 03 February 2009 Parliamentary debate on human trafficking and implementation of the Council of Europe Convention Against Trafficking in Human Beings, 03 February 2009 Hansard, House of Lords, Debates, Column 1344 10 March 2008 Lord Avebury We have just received a note from the Anti-Trafficking Legal Project, to which I drew the attention of the Minister who is to reply to this debate. It is a network of legal practitioners who deal with victims of trafficking and other vulnerable people. I will understand if the Minister has not had a chance to give its note full consideration since this morning. The paper it submitted says that where a trafficking victim has been convicted of a document offence, she can still succeed with her asylum claim, but under Part 12 she will be labelled a foreign criminal and will be unable to access the services that are available to promote recovery and rehabilitation of trafficking victims. My attention was drawn to the particular case of a Nigerian client of the Hammersmith and Fulham Community Law Centre who was a victim of domestic violence in Nigeria, and was deceived into going with her trafficker to work abroad as a domestic worker. She thought this a means of escaping domestic violence. The trafficker got her a passport and a visa, both of which were false. When she was abandoned by the trafficker in the UK after two years of being exploited and abused, she was so terrified that she could not approach the UK authorities. She tried to obtain a job, but when employers asked her to produce identity documents, they detected that these were false. She was arrested, pleaded guilty to charges of using false documents and served a nine-month sentence. As I understand it, if the document was criminal property, within the meaning of Section 340 of the Proceeds of Crime Act, this would be one of the offences dealt with in this particular section. Even though guidance has been issued to the effect that trafficking victims should not be prosecuted for document offences, cases like this arise constantly. Traumatised victims plead guilty without realising that they may have a good defence. Having committed ourselves to signing the Council of Europe Convention on Human Trafficking by the end of this year, we cannot allow these women to be caught by Section 181. Generally, it is disgraceful that the UK should act contrary to the advice given by UNHCR, which ought to be binding on all signatory states, let alone one that is a member of the executive committee. Narrowing the discretion which ought to be exercised by officers in determining asylum applications, when they ought to consider all the circumstances, sets an extremely bad example to all other convention signatories and runs the risk of setting off an auction among them to expand even further the areas of conduct that their domestic laws say are covered by Articles 1F and 33(2). We now have the benefit of advice from the JCHR. I am glad to see the noble Lord, Lord Judd, in his place because he is a distinguished member of that committee. It welcomes the Government’s agreement that the Secretary of State could not lawfully designate a person if a court decides that the effect of doing so would be to breach the UK’s obligations under the convention. I ask the noble Lord how that is to be tested. Presumably a person could challenge the statutory interpretation of Article 1F, which the JCHR now demands should be repealed. If he is said to be a foreign criminal under condition 2 of Section 182(3), would he be able to get to a court by claiming that the Secretary of State had wrongfully certified that the offence he had committed outside the United Kingdom was similar to one on the specified list? Since no right of appeal is provided against Section 181 designation anywhere else in Part 12, a claim that the UK’s obligations were likely to be breached would have to be by way of judicial review, there being no ordinary right of appeal against designation in these clauses..... Lord West of Spithead 10 Mar 2008 : Column 1352 ...The noble Lord, Lord Avebury, mentioned trafficking. The SIS [special immigration status] is not designed to catch trafficked women; it is designed to enable us to deny immigration leave to individuals who do not deserve it. As I said, designation is discretionary, not mandatory, and so does not have to be used in the case of someone who has been trafficked even if they have been prosecuted and received a custodial sentence for one of the offences listed in the 2004 order, and if the person wishes to challenge their designation as unreasonable, they can do so by way of judicial review. Hansard, House of Commons, Debates, Column 787, 24th April 2007 - Asylum Seekers 9. Mr. Anthony Steen (Totnes) (Con): What health care provision her Department makes available to victims of human trafficking who have applied for asylum. [133181] The Minister of State, Department of Health (Caroline Flint): Asylum seekers, including those who have been victims of human trafficking, are entitled to free NHS treatment for as long as their applications, including any appeals, are being actively considered by the Home Office. Any ongoing treatment will continue free of charge for unsuccessful applicants until their removal from the United Kingdom. Mr. Steen: Trafficked women inevitably display mental as well as physical damage. Can the Minister guarantee that all victims who have applied for asylum will receive mental health support, some kind of counselling, and psychological care-not just to help them gain security and confidence as required by article 12 of the Council of Europe convention on action against trafficking in human beings, which the Government signed only last month, but to help the criminal authorities pursue traffickers? Caroline Flint: I pay tribute to the work done by the hon. Gentleman as chair of the all-party parliamentary group on trafficking of women and children.. People who have been trafficked and who claim asylum can gain access to mental health services, but the Department, along with colleagues in the Home Office, intends to review access to health services for foreign nationals. We hope to report in October this year. As the hon. Gentleman will know, as part of the action plan to which the Government are committed and following the signing of the convention, we are examining ways of preventing trafficking and identifying its victims, as well as considering what services are needed. The POPPY project, which we 24 Apr 2007 : Column 788 have funded, now has funds to provide an outreach service, which will be very important to the many agencies that will play a role in supporting the needs primarily of women, and in some cases of children. Mrs. Ann Cryer (Keighley) (Lab): I am delighted by my hon. Friend's reply. It is comforting to know that trafficked women will be given that level of care, but what provision will there be for people who are in the country on visitors' visas? Caroline Flint: I thank my hon. Friend, who I know takes a huge interest in this issue. I should make clear that my original answer related to those who have been trafficked and are claiming asylum. As for my hon. Friend's question about visitors' visas, emergency treatment is available to those who present themselves provided that it has priority over establishment of their status or ability to pay. That underpins the way in which we run our health service. There are issues involving people who should be paying and the reclaiming of funds. I understand that the Minister of State, my right hon. Friend the Member for Doncaster, Central (Ms Winterton) and colleagues across Government are examining a range of issues relating to health service access for foreign nationals, which may include insurance issues. Hansard, House of Commons, Oral Answers, Human Trafficking, Column 1538W, 22nd January 2007 Gordon Banks: To ask the Secretary of State for the Home Department how many women who have been victims of human trafficking into the sex trade in the UK have been deported after being taken into custody by the authorities, broken down by (a) year and (b) region of the UK for which information is available. [115274] Mr. Coaker: This information is not held centrally. Women who are accepted onto the Poppy project are not subject to any removal action during an initial four-week period while they make decisions about their future and longer-term support is offered in return for co-operation with the authorities. Where appropriate, these victims are provided with information and assistance to help them voluntarily return to their country of origin and removal action is only ever taken as a last resort. Hansard, House of Commons, Written Answers to Questions, Column 645W, 11th January 2007 Prostitution 25. Mr. Bone: To ask the Solicitor-General what guidance the Crown Prosecution Service has issued on the prosecution of cases involving prostitution. [114146] The Solicitor-General: The Crown Prosecution Service (CPS) has issued detailed policy guidance to Crown prosecutors dealing with both on and off street prostitution and a range of associated issues. As well as setting out the relevant law and procedure, the guidance covers public interest factors to be taken into account when considering whether to charge an individual with a prostitution-related offence. The guidance emphasises that a child prostitute should 11 Jan 2007 : Column 646W generally be treated as a victim of abuse, with the focus being on those who exploit and coerce them. In addressing the advertising of prostitute services through placing cards in telephone boxes, Crown prosecutors can use the antisocial behaviour order (ASBO) provisions of the Crime and Disorder Act 1998 in circumstances where an individual has been repeatedly convicted of the 'carding' offence. The CPS has issued comprehensive guidance on this legislation. The CPS recognises that prostitutes can also be victims, particularly those who are trafficked from abroad for the purposes of prostitution. Further specific guidance which focuses on trafficking for sexual exploitation has been issued to Crown prosecutors to assist in handling these cases. The guidance covers support to victims who are clearly traumatised and physically and psychologically affected by events. Back to top   INTERNATIONAL SOURCES Compilations of legal materials and sources UNHCR (2008) Refugee Protection and Human Trafficking: Selected Legal Reference Materials, First Edition Published on 01 December 2008, this compilation collects relevant instruments and policy relating to human trafficking from International Criminal Law, International Human Rights Law, International Refugee Law (including Conclusions of the Executive Committee on the International Protection of Refugees), International Labour Law, Resolutions of the General Assembly and other resources. Refugee Law Reader website Treaties, European materials and UNCHR documents relevant to trafficking can be obtained from this website. Back to top   UNCHR documents and other materials UNHCR Guidelines on International Protection The application of Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees to victims of trafficking and persons at risk of being trafficked Gender-Related Persecution within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees "Membership of a particular social group" within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees UNHCR Handbook for the Protection of Women and Girls (2008) The UNHCR Handbook for the Protection of Women and Girls shows how flight from conflict and violence generally exacerbates existing inequalities between men and women and amplifies discrimination against women and girls, as does a tendency to focus on human rights abuses in public, rather than private, spheres. It explains how UNHCR and partners should work together to actively promote gender equality by using a rights- and community-based approach, by mainstreaming age, gender and diversity, and through targeted actions to empower women and girls in civil, political and economic areas. The Handbook replaces UNHCR's 1991 Guidelines on the Protection of Refugee Women and is in fulfillment of a commitment made under the 2002 Agenda for Protection. UNHCR, The Identification and Referral of Trafficked Persons to Procedures for Determining International Protection Needs, October 2009, PPLAS/2009/03 This is a research paper commissioned by UNHCR and written by Jacqueline Bhabha and Christina Alfirev with the purpose of identifying the current gaps in protection mechanisms for trafficked persons, particularly trafficked children, as well as ways to address these lacunae. The Michigan Guidelines on Nexus to a Convention Ground These Guidelines reflect the consensus of all the participants at the Second Colloquium on Challenges in International Refugee Law, held at Ann Arbor, Michigan, USA, on March 23-25, 2001 convened by James Hathaway. UNICEF Guidelines and materials UNICEF (2009) Handbook on the Optional Protocol on the sale of children, child prostitution and child pornography This handbook aims to promote understanding and effective implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC). It describes the genesis, scope and content of the Protocol, and provides examples of measures taken by States Parties to fulfil their obligations under this instrument. UNICEF (2006) Reference guide on protecting the rights of child victims of trafficking in Europe This Reference Guide is meant to serve as an implementation book for the UNICEF Guidelines on the Protection of the Rights of Child Victims of Trafficking as it gives information about the steps and procedures that constitute ‘good practice’ in the protection and assistance of child victims of trafficking. UNICEF (2006) Guidelines on the protection of child victims of trafficking: UNICEF technical notes Published 01 Sept 2006, these guidelines are based on international human rights instruments and describe standards for the protection of trafficked children from their identification through to their recovery and integration. Further UNICEF publications can be obtained from the UNICEF Innocenti Research Centre pages. Back to top   Special Rapporteurs Special Rapporteur on the Human rights aspects of victims of trafficking in persons, especially women and children Annual thematic reports and country reports available at: http://www2.ohchr.org/english/issues/trafficking/index.htm Special Rapporteur on Violence against women, its causes and consequences Reports of the Special Rapporteur on Violence against women, its causes and consequences on both thematic issues and individual countries available here. See particularly the report on Trafficking in women, women's migration and violence against women, E/CN.4/2000/68, 56th session of the Commission on Human Rights, 2000. Special Rapporteur on the Sale of children, child prostitution and child pornography Reports of the Special Rapporteur on the sale of children, child prostitution and child pornography Links on this page to annual reports, thematic reports and specific country reports following country visits. Special Rapporteur on Contemporary forms of slavery Reports of the Special Rapporteur on Contemporary forms of slavery The first Special Rapporteur on Contemporary forms of slavery was appointed in May 2008. This page links to the annual reports, thematic reports and other documents. Back to top   Treaty Monitoring Bodies Committee on the Rights of the Child Concluding observations of the Committee on individual state reports under the Convention on the Rights of the Child; the Optional Protocol on the sale of children, child prostitution and child pornography; and the Optional Protocol on the involvement of children in armed conflict. NGO alternative reports also available from the Child Rights Information Network here. Convention on the Elimination of All Forms of Discrimination against Women Concluding observations by the committee on reports submitted by individual countries under this Convention. Other UN treaty monitoring body reports UNHCHR Treaty Law Database This includes all the other UN Committee reports (Committee against Torture, Committee on the Elimination of Racial Discrimination etc.) by treaty and by country. Back to top   Searching UN materials by country The UNHCHR page Human Rights in the World enables practitioners to search for documents of the Charter-based bodies and of the Treaty bodies by country. This is useful for carrying out country-based research. Click on the relevant country for compiled reports on that country. To be sure you access the most up-to-date materials on the country, click on "Full list of documents in the Charter-based bodies database" and "Full list of documents in the Treaty Body database" links on the country page. Searching UN Materials by theme It is also possible to search for relevant human rights reports by theme from the UNHCHR page List of Human Rights Issues. This makes it possible to find and access the documents of all relevant bodies on slavery, migrant rights, torture for example.   Legal Notice: The content on ATLeP’s web pages is subject to a disclaimer. Back to top