Law Enforcement Responses to Trafficking in Human Beings in Ireland and Northern Ireland - PowerPoint PPT Presentation

Loading...

PPT – Law Enforcement Responses to Trafficking in Human Beings in Ireland and Northern Ireland PowerPoint presentation | free to download - id: dfc58-N2ZmN



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Law Enforcement Responses to Trafficking in Human Beings in Ireland and Northern Ireland

Description:

UN Code of Conduct for Law Enforcement Officials (1979); UN Basic Principles on ... PSNI may produce irrelevant or even wrongful evidence and preclude a victim to ... – PowerPoint PPT presentation

Number of Views:157
Avg rating:3.0/5.0
Slides: 11
Provided by: anu9
Learn more at: http://www.anu.edu.au
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Law Enforcement Responses to Trafficking in Human Beings in Ireland and Northern Ireland


1
Law Enforcement Responses to Trafficking in Human
Beings in Ireland and Northern Ireland
  • Aysel Allahverdiyeva LL.M
  • PhD candidate Ad Astra Scholar
  • School of Law, University College Dublin

2
Statistical Background
  • In Republic of Ireland
  • Lack of up to date official data on the extent of
    human trafficking. NGOs and independent
    researchers claim that (a) most victims are
    non-Irish (b) estimated 50-200 occurrences from
    2000-2006 (c) victims come from diversity of
    countries incl. former Soviet bloc, Venezuela,
    Brazil, Nigeria, South Africa
  • In Northern Ireland
  • Human trafficking identified as a key organised
    crime threats in 2007 (Organised Crime Task
    Force)
  • 11 victims of human trafficking have been
    recovered by the PSNI 6 sexual exploitation, 2
    domestic servitude and 3 forced labour (December
    2008, official data)
  • In depth research is currently being conducted by
    the Equality Commission Northern Ireland.
  • In both jurisdictions
  • Lack of official data on child trafficking
    (including the issue of unaccompanied minors)
  • Real numbers likely to be higher than
    statistics suggest

3
Legislative framework
  • Trafficking in persons shall mean the
    recruitment, transportation, transfer, harbouring
    or receipt of persons, by means of the threat or
    use of force or other forms of coercion, of
    abduction, of fraud, of deception, of the abuse
    of power or of a position of vulnerability or of
    the giving or receiving of payments or benefits
    to achieve the consent of a person having control
    over another person, for the purpose of
    exploitation. Exploitation shall include, at a
    minimum, the exploitation of the prostitution of
    others or other forms of sexual exploitation,
    forced labour or services, slavery or practices
    similar to slavery, servitude or the removal of
    organs. (UN Trafficking Protocol, to Prevent,
    Suppress and Punish Trafficking in Persons,
    Especially Women and Children Supplementing UN
    Convention Against Transnational Organised Crime
    (Art 3))
  • Ireland
  • Criminal Law (Human Trafficking) Act 2008
  • Immigration, Residence and Protection Bill 2008
    currently drafting National Referral Mechanism
  • Northern Ireland
  • Nationality, Immigration and Asylum Act 2002
  • Sexual Offences Act 2003
  • Asylum and Immigration (Treatment of Claimants
    etc) Act 2004
  • National Action Plan on Tackling Human
    Trafficking, March 2007
  • Update to UK National Action Plan on Tackling
    Human Trafficking, July 2008

4
Police Attitudes towards Trafficking Victims
  • No specific attitudinal data available
  • NGOs and police reports suggest that both have
    good working relations with women generally,
    including foreign migrant women.
  • In general, the attitude of Members of Garda
    Síochána and the PSNI towards rule of law and
    human rights can be best described as the law is
    the law and we apply it in the same way to
    everyone and the keystone of the police work is
    to treat everyone the same and to use common
    sense (Annual Report of Garda Síochána, 2007)
  • Need
  • Comprehensive mapping exercise

5
Police Accountability for Rights Violations
  • International Instruments
  • UN Code of Conduct for Law Enforcement Officials
    (1979) UN Basic Principles on the Use of Force
    and Firearms by law enforcement officials UN
    Declaration of Basic Principles of Justice for
    Victims of Crime and Abuse of Power (1985)
    Principles on the Effective Investigations and
    Documents of Torture and Other Cruel, Inhuman or
    Degrading Treatment or Punishment (2000) ECHR
    (1950) Council of Europe Code of Police Ethics
    (2001) COE Declaration on the Police (1979)
    OSCE Guidebook for Democratic Policing (2006)
  • National instruments
  • An Garda Siochana Act 2005 Police (Northern
    Ireland) Act 2003 Justice (Northern Ireland) Act
    2004 Criminal Justice and Police Act 2001 The
    Police and Criminal Evidence (Amendment)
    (Northern Ireland) Order 2007 The PSNI Code of
    Ethics , 2008 An Garda Siochana Code of Ethics,
    2006 and Declaration of Ethical Values Garda
    Siochana and the PSNI recommendations,
    regulations and directives

6
Police Training Resources
  • Seems to be adequate, however a more long-term
    and practically enforceable rights-based approach
    is needed. Could include
  • Permanent and regular cross border training of
    the specialised anti-trafficking units
  • Systematisation of data on investigation
    activities
  • Publication of data (with due regard to
    confidentiality requirements)
  • Specific trafficking-related training for all
    police officers incl. mainstreamed
    trafficking-related training of student police
    officers
  • Joint cross-border professional development
    course for specialised anti-trafficking and
    immigration units
  • Cross-border awareness
  • Specialised training to the principal agencies
    additional to police (e.g. consular personnel,
    labour inspectors, public health workers etc)

7
Cross Border Co-Operation
  • Generally good relations the following could be
    developed
  • Ring-fencing of targeted anti-trafficking budget
    allocation
  • Establishment of cross-border system for
    gathering of data and information based on agreed
    criteria and in accordance with international and
    regional human rights standards
  • Establishment of National Rapporteur on
    Trafficking in both jurisdiction
  • Establishment of official protocols and
    co-operation agreements clearly defining
    responsibilities of each party (incl. NGOs),
    taking into the account the confidentiality that
    often exists between the victim and the NGOs

8
Early Intervention Victim Identification
  • No clear legal identification procedure
  • Identification can be impaired by
  • Trauma Fear
  • Distrust of authorities
  • Cultural and Language Barriers
  • Lack of awareness
  • Conflation of trafficking and people smuggling
  • Some methods may be adopted
  • Benefit of Doubt for anyone claiming victim
    status with credibility being assessed taking
    particular vulnerabilities (e.g. age, language)
    into account
  • Creation of National Referral Mechanisms and
    Official Guidelines on Victim Identification
  • Creation of check lists to help in police
    identification
  • Identifying areas/places where trafficking
    victims may be and targeting those areas
  • Acting in a manner sensitive to particular nature
    of trafficking

9
The Investigative Role of Garda Síochána and the
PSNI
  • Factors Making Identification Difficult
  • Distrust of victims
  • Fear of law enforcement
  • Lack of Public Awareness on the issue of Human
    Trafficking in the communities
  • Cultural and Language Barriers
  • Difficultly of working in certain areas
  • Duplicating efforts
  • Problems in the current legislative framework in
    Ireland and Northern Ireland
  • Insufficient length of the recovery and
    reflection period
  • Requirement to cooperate with Garda Siochana and
    the PSNI may produce irrelevant or even wrongful
    evidence and preclude a victim to apply for
    protection in due time.
  • Credibility of evidence given by a person
    believed to be a victim of trafficking
  • Residence permits as benefits for cooperation
    with Garda Siochana and the PSNI

10
Treatment of Trafficking Victims
  • Victims rights
  • Right to information
  • Right to protection
  • Right to compensation
  • Right to claim asylum
  • Right to safety
  • Problems in the current legislative framework in
    Ireland and Northern Ireland
  • Reflection and Recovery period.
  • Bargaining (benefits for evidence) and
    resultant unreliability of evidence
About PowerShow.com