Trafficking in human beings: The Border and Immigration Agency role in identifying and protecting victims of trafficking

Helen AndersonOrganised Immigration Crime Policy Development Team

Introduction

Helen Anderson

Project Manager responsible for implementation of the Council of Europe Convention on Action

against Trafficking in Human Beings

Policy lead on trafficking within Border and Immigration Agency (BIA)

Position of BIA

•Trafficking of human beings is a vile crime which has no place in modern day Britain. BIA is committed to playing its full part in the effort to tackle it

•Core BIA business of enforcing compliance with immigration laws and reducing the harm caused by illegal immigration.

•Tackling trafficking is not only an immigration issue. It is about serious, organised crime.

•That is why we are working so closely with partners such as the UK Human Trafficking Centre (UKHTC), police and the third sector as part of a joined up UK wide strategy to combat trafficking.

Why are people trafficked?

•For exploitation.

•Trafficking is distinct from smuggling.

•In smuggling individuals are complicit in breaking immigration rules.

•People are trafficked for all sorts of reasons eg - sexual exploitation, forced labour, domestic servitude, benefit fraud…etc. 

What are we doing about it?

The Government has a comprehensive end to end strategy set out in the UK Action Plan on trafficking

The Action Plan applies to all forms of trafficking.

Engage in multi-agency action - we work closely with a range of agencies, including third sector partners, on initiatives such as Pentameter 2, the Poppy Project and child safeguarding issues.

Signed the Council of Europe Convention against trafficking and intend to ratify it by the end of the year.

Project Team

•A dedicated project team was set up within the Border and Immigration Agency at the beginning of May 2007.

•Reports to a Home Office chaired Whitehall senior officials Project Board and through that to the Inter-Departmental Ministerial Group on Trafficking (IDMG)

Intend to ratify the Convention against trafficking by end of 2008.

•The project team is small – max 4 people – so will rely on expertise and co-operation with other stakeholders within and outside Government to deliver progress.

DELIVERY THROUGH OTHERS

Council of Europe Convention on Trafficking

It is:• A victim and human rights focused framework to protect all victims of trafficking, including children

It provides:• A set of minimum standards to help identify and support victims

Implementing the Convention – key articles

Brief summary

Art 4 - definition. Essentially it is ‘movement of people through coercion or deception into a situation of exploitation’. For children strike out the coercion or deception as it is accepted that few children will have control over why they are moved.Art 10 – two tiered approachA “competent authority” identifies victims through a 2 tiered approach: – a) reasonable grounds that the person is a victim of trafficking and then b) conclusively decide if the person is a victim of trafficking.Art 13 - reflection period.Where there are reasonable grounds that someone is a victim they will be granted a minimum 30 day reflection period. During this time they are not removed from the UK.

Implementing the Convention – key articles

Art 12 – victim provisionVictims will have access to support and housing during the 30 day reflection period and beyond where necessary.Art 14 – residence permitsResidence permits can be issued to persons where the authorities consider their stay is necessary owing to their personal circumstances, or their stay is necessary so that they can co-operate with the criminal proceedings.

National Referral Mechanism

•Operation Pentameter 2 provided us with an opportunity to pilot some elements of the Convention - including a process of victim identification and a period of at least 30 days for victims to reflect and recover.

•Two models of a Competent Authority are being tested in Pentmeter 2 – one using BIA, the other UKHTC.

•Consultation will take place before a final model is adopted.

•The 2 models adopted are not the limit of our options.

Forces gather information on

possible victims as part of police investigation. Advice from UKHTC and

BIA if necessary.

Facts of the case referred to Competent

authority

Consideration of reasonable grounds

test as soon as reasonably practicable

Written notification

(Letter A or B depending on

decision)

Service of letter and

consideration of further action by relevant agency.

Recognised NGO’s provide additional

information

Direction of papersActions NGO involvement Request for infoPolice action

Process map for identification of victims of trafficking

START

More info required

Referred to NGO’s for support during assessment

Training and Guidance

Front line staff need to be trained and competent to recognise and deal with victims.

•UKHTC have undertaken presentations and briefings for frontline BIA staff - 850 trained.

Guidance for BIA staff taking part in Pentameter 2 operations has been disseminated.

•Child Exploitation and Online Protection (CEOP) Agency are undertaking a cross directorate pilot training course on child trafficking.

How do victims get through our borders?

•Many victims of trafficking are EU or EEA nationals and are not subject to immigration control.

•Others enter on genuine documents in the belief that legitimate work or study opportunities awaits them.

•Others enter the country illegally.

•Research has been conducted in this area and more is ongoing. But the nature of the phenomenon means that it is secretive and difficult to detect.

Protecting travelling children

New rules on child visas were introduced on 12th February 2006.

Our network of Airline Liaison Officers (ALOs) are based in over 30 locations abroad.

Social workers have been set up at three of our busiest ports and at two asylum screening units (ASU) to help strengthen arrangements for keeping children safe.

600 immigration officers, located at 22 ports of entry into the UK, are trained in identifying children who may be at risk.

In October 2007, the Border and Immigration Agency introduced a Keeping Children Safe training programme for all staff members.

Protecting travelling children

•All children and adults (not family members) who are non-EEA nationals are routinely interviewed separately

•On the EEA channel where there is suspicion that trafficking may be taking place separate interviews would be conducted

•Since 2006 leaflets have been available for both EEA and non-EEA nationals explaining that officers may seek to establish the relationship between children and the adult accompanying them

Code of Practice and UASC reform programme

BIA’s responsibilities towards children are being placed on a statutory footing by provision contained in the UK Borders Act 2007

The draft of the Code of Practice on Keeping Children Safe From Harm is currently the subject of public consultation.

This consultation includes a review of the UK’s reservation on the UN Convention on the Rights of the Child as far as it applies to children

We published our plans for improving the care of Asylum Seeking Children in January “Better Outcomes: the way forward”.

Next steps

We have achieved significant milestones in the fight against this crime.

However, it is not enough.

Working together with other agencies, and non Government organisations we can do more and we will do more to combat this abhorrent crime.

Contact details

Helen AndersonOrganised Immigration Crime Policy Development TeamEnforcement and ComplianceBorder and Immigration Agency

Tel: 0208 760 2477Email:Helen.Anderson2@homeoffice.gsi.gov.uk