In this Report, the Committee considers human trafficking,
one of the most serious human rights issues in the modern
world. Human trafficking is first and foremost a criminal
activity perpetrated against its victims, but it also engages
a number of crucial human rights obligations which apply to
the policies and practices adopted by Governments to combat
trafficking and afford protection to victims.
In Chapter 2 the Committee explains the principal human
rights standards and obligations which apply to the UK under
the European Convention on Human Rights and other
international instruments to which the UK is a party. The
three main obligations are to:
- prohibit and prevent trafficking and related acts
- investigate, prosecute and punish traffickers
- protect victims of trafficking.
In May 2005 the Council of Europe adopted a Convention on
Action against Trafficking in Human Beings. This Convention
has not yet come into effect, and the UK has not signed it. In
Chapter 3 of this Report the Committee describes the
provisions of the Convention which relate to the protection of
trafficking victims, and explains the arguments for and
against signature and ratification of the Convention by the
UK.
After examination of the evidence on the scale and nature
of human trafficking in the UK (Chapter 4), the Committee
considers, in Chapter 5, the effectiveness of the UK's
fulfilment of its obligations to prohibit trafficking and
enforce the law against traffickers. In Chapter 6 the
Committee considers the effectiveness of policies in the UK
for the protection of victims, and compares these with the
approach adopted in Italy.
The Committee takes the view that, in acordance with human
rights standards, the effective protection of victims must be
the starting point from which all other policies relating to
trafficking should flow (paragraph 138). In light of the
evidence presented to it, the Committee concludes that,
although the Government has started taking some significant
steps to improve the protection of victims, the current level
of protection as a whole is still far from adequate (paragraph
197).
The Committee broadly agrees that the current legislative
framework to prohibit and criminalise trafficking complies
with relevant human rights obligations (paragraph 115), and it
applauds the Government's ongoing effort to improve
investigation, and the bringing to justice of traffickers,
welcoming in particular the establishment of the UK Human
Trafficking Centre to provide further co-ordination and focus
to law enforcement efforts (paragraph 133). However, the
Committee argues that the protection of victims should be
placed at the heart of the legislative framework to combat
trafficking, and calls for the Government to review
immigration laws and policies in the context of their impact
on trafficking victims (paragraph 118). In relation to law
enforcement, the Committee says that this must always make the
interests and needs of victims a primary consideration
(paragraph 134).
To improve protection of victims, the Committee recommends,
among other proposed measures—
- the establishment of a national identification and
referral system, along with improved training in
identification of victims (paragraphs 146 and 198)
- more comprehensive and securely financed support and
assistance to victims once they have been identified
(paragraph 198)
- more assistance to those returned or voluntarily
repatriated to their country of origin to assist them in
re-integrating into their society (paragraph 198).
The Committee considers the Government's argument that the
provisions of the Council of Europe Convention relating to
reflection periods and residence permits for trafficking
victims could act as a pull factor for migration into the UK
for those willing to make fraudulent claims of victim status.
Taking into account the safeguards contained in the Convention
and the evidence it received on the subject, the Committee
concludes that there is no realistic likelihood of adoption of
the Convention's provisions acting as a pull factor (paragraph
200). The Committee concludes that the Government should sign
and ratify the Council of Europe Convention (paragraph 205).
It also concludes that the standard length of time for
reflection periods should be three months (paragraph 203), and
residence permits should be of six months duration (paragraph
204).
A full list of the Committee's principal conclusions and
recommendations is set out in Chapter 7.
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