Europe’s human rights watchdog has warned the UK government that its plans to curb the rights of trafficking victims in its illegal migration bill is a “significant step backwards” in the fight against human trafficking and modern slavery and demonstrates a lack of compliance with international law.
In a highly unusual move, the Council of Europe’s group of experts on action against trafficking in human beings (Greta) on Wednesday expressed deep concern about the bill and its lack of compliance with core elements of the Council of Europe convention on action against trafficking in human beings.
In a statement, the experts warned that if the bill became law it would be a significant step backwards in the fight against human trafficking and modern slavery in the UK, and risk undoing many of the country’s achievements in this area by making it harder to identify victims, prosecute traffickers and combat human trafficking.
According to clauses in the bill relating to trafficking, nearly everyone who arrives in the UK in breach of immigration control – and who do not come directly from a country where their life is threatened – would be detained and removed from the UK. This includes victims of human trafficking and modern slavery, who would be deemed to be a threat to public order because they have arrived in breach of immigration control.
The experts warned that the new legislation runs contrary to the UK’s obligations under the anti-trafficking convention, to prevent human trafficking, and to identify and protect victims of trafficking, without discrimination and urged the UK to reconsider the legislation being pushed forward in parliament in order to uphold its international obligations in combating human trafficking.
The specific clauses of international law that the bill is accused of breaching include article 10 of the anti-trafficking convention, which places an obligation on states to identify victims of human trafficking, and not to remove them until the identification process has conclusively established whether or not they are victims of trafficking. This obligation applies regardless of the manner in which a person has arrived in the country. Traffickers often take away victims’ travel and identity documents, as a way of exerting pressure, or give them false documents.
Another clause in the convention – article 13 – provides for a recovery and reflection period of at least 30 days during which presumed victims of human trafficking are not to be removed from a country. During this period, they are entitled to assistance and protection including appropriate and secure accommodation, emergency medical treatment and legal counselling. According to the bill, this recovery and reflection period will be denied to victims of trafficking.
Greta is also concerned that the bill is being examined under the urgent procedure, which will not allow for proper consultation or scrutiny. Similar concerns about the legislation have already been raised by UNHCR and the Council of Europe commissioner for human rights .
