Trafficking in human beings: The Border and Immigration Agency role in identifying and protecting vi

1
Trafficking in human beings The Border and
Immigration Agency role in identifying and
protecting victims of trafficking

• Helen Anderson
• Organised Immigration Crime Policy Development
  Team

2
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)

3
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.

4
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 fraudetc. 

5
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.

6
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

7
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

8
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 approach
• A 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.

9
Implementing the Convention key articles

• Art 12 victim provision
• Victims will have access to support and housing
  during the 30 day reflection period and beyond
  where necessary.
• Art 14 residence permits
• Residence 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.

10
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.

11
Process map for identification of victims of
trafficking
Referred to NGOs for support during assessment

More info required
Forces gather information on possible victims as
part of police investigation. Advice from UKHTC
and BIA if necessary.
Written notification (Letter A or B depending on
decision)
START
Consideration of reasonable grounds test as soon
as reasonably practicable
Facts of the case referred to Competent authority
Recognised NGOs provide additional information

Service of letter and consideration of further
action by relevant agency.
Direction of papers
Actions
NGO involvement
Request for info
Police action
12
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.

13
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.

14
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.

15
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

16
Code of Practice and UASC reform programme

• BIAs 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 UKs
  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.

17
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.

18
Contact details

• Helen Anderson
• Organised Immigration Crime Policy Development
  Team
• Enforcement and Compliance
• Border and Immigration Agency
• Tel [phone]
• EmailHelen.Anderson2_at_homeoffice.gsi.gov.uk