Like bonded labour, child abuse, trafficking in persons also known as human trafficking is a form of modern day slavery and it is considered an abuse to human rights. Traffickers often prey on individuals who are poor, frequently unemployed or underemployed and who may lack access to social safety nets, predominantly women and children in certain countries. Victims are often lured with false promises of good jobs and better lives, and then forced to work under brutal and inhuman conditions. People are trafficked both between countries and within the borders of a state.
Trafficking affects countries and families in every continent but due to its hidden nature it is difficult to get accurate statistics on those affected. How ever, The International Labour Organization (ILO) estimates that at any one time at least 2.4 million people have been trafficked and are being subjected to sexual or labour exploitation.
Most coverage of trafficking issue has focused on trafficking for sexual exploitation, but around a third of all trafficked people are used exclusive for labour exploitation like – domestic work, catering agricultural work, packing and processing.
From statistics, about 98 percent of trafficking for sexual exploitation affects mostly women and girls, but trafficking for labour also affects more women than men since about 56 percent of the cases being women and girls thus reflecting how women and girls are vulnerable to all sort of abuses and violence.
Reports from Anti- Slavery international states that the United Kingdom (UK) Government research shows there is an estimated 4,000 victims of trafficking for sexual exploitation in the UK at any one time. The police identified 167 victims of trafficking, including 16 children, during Pentameter 2 - a six month UK-wide operation to tackle trafficking for sexual exploitation which began in October 2007. Anti-Slavery International estimates a further thousand more men, women and children are trafficked for the purpose of forced labour at any one time. Anti – Slavery International 2006 research documented trafficking across several major industries including agriculture, construction, food processing and packaging, nursing, hospitality, domestic work and the restaurant trade.
Anti-Slavery International, founded in 1839, is the world's oldest international human rights organisation and the only charity in the United Kingdom to work exclusively against slavery and related abuses. They work at local, national and international levels to eliminate the system of slavery around the world.
© Karen Robinson/Panos Pictures Jiera (19, Lithuanian) was a victim of human trafficking: “My life has been ruined by two men I thought were my friends. They trafficked me into prostitution when I was 17.” She has taken refuge in drink and drugs
According to Anti- slavery International, trafficking involves transporting people away from the communities in which they live, through the use of violence, deception or coercion, for the purpose of their exploitation. When children are trafficked, no violence, deception or coercion needs to be involved. Simply transporting them into exploitative conditions constitutes trafficking
Progress on tackling all forms of human trafficking constitute a criminal offence in the UK and carry a maximum penalty of 14 years in prison. There have been 92 convictions for trafficking for sexual exploitation up to January 2009, but only four convictions for trafficking for forced labour. On 17 December 2008, the UK ratified the Council of Europe Convention on Action against Trafficking in Human Beings, obliging the UK to provide minimum standards of protection and assistance to trafficked people, including access to compensation, and tougher action to prosecute traffickers.
Despite progress on tackling trafficking, compensation remains inaccessible for victims. Compensation plays an important role in the recovery of a trafficked person, allowing them to recover from physical, emotional and financial losses. It also serves as a deterrent for traffickers.
Victims of trafficking have the right to compensation and there are four mechanisms in place in the UK for trafficked people to apply for compensation. These are criminal courts, civil courts, the national compensation fund, and in some cases at an employment tribunal.
Victims of trafficking have the right to compensation and there are four mechanisms in place in the UK for trafficked people to apply for compensation. These are criminal courts, civil courts, the national compensation fund, and in some cases at an employment tribunal.
It is extremely rare for a trafficked person to receive compensation. Anti-Slavery International's review of 41 criminal court cases, resulting in 95 convictions, revealed that there had not been a single compensation order, even in cases where assets had been confiscated from the trafficker. To date, there have been only five known successful compensation awards through the national compensation fund known as the Criminal Injuries Compensation Scheme, and only one successful civil suit on behalf of a trafficked person. These exceptions were only possible due to significant investment of resources by lawyers acting pro bono and support organisations.
Various obstacles prevent trafficked people from accessing compensation. Currently, compensation appears to be seen as a marginal issue by the Government and relevant bodies such as the police, prosecution and judiciary. It is not a key element of anti-trafficking policies and measures. Little guidance or training on compensation is provided for the police, prosecution or judiciary, who consequently have low awareness of the issue. Insufficient support and difficulties in accessing legal aid provide a further obstacle. Undocumented workers, who may constitute a significant number of those trafficked for forced labour, experience particular obstacles as a result of their immigration status and find themselves essentially excluded from the protection of employment law.
In July 2007, the first successful compensation awards were made to two young Romanian women. Both were trafficked to the UK and forced into prostitution. They suffered rape as well as physical and emotional abuse. After several years the women managed to escape their traffickers and found refuge at the Poppy Project. Both women were witnesses at the trial of their trafficker, who was subsequently convicted of rape and controlling prostitution and sentenced to 21 years imprisonment.
One of the women trafficked at the age of 16, received £62,000 compensation, which included £22,000 for sexual abuse and £40,000 for lost earnings and opportunities. The other woman, who was 13 when she was trafficked, received £36,500 which included £16,500 for sexual abuse and £20,000 for lost opportunities.
During the first Pentameter police operation in 2006, £250,000 was seized from traffickers. The Home Office reported that the assets were transferred to the Treasury, with half of the money diverted back to law enforcement and prosecution bodies and the other half used by the Home Office for asset recovery and crime reduction projects. Police recovered more than £500,000 worth of cash from arrested offenders during Pentameter 2, and court orders are in place to seize further criminal assets. There is no sign that the Government will take any action to ensure that victims receive a portion of this money as compensation.
On December 17, 2008, the UK Government ratified the Council of Europe Convention on Action against Trafficking in Human Beings, obliging the UK to provide minimum standards of protection and assistance to trafficked people. The UK had signed this crucial convention, which entered into force on February 1, 2008, in March 2007. Anti-Slavery International supporters and partners campaigned for the UK to sign and ratify the Convention since it opened for signature in May 2005.
The ratification means the UK will formally become part of a Europe-wide agreement about setting minimum standards for protecting and supporting trafficking victims.
It also strengthens the UK’s ability to catch the criminals that exploit victims of trafficking and underlines the government’s long-term commitment to tackling this horrific crime.
Key benefits of ratifying the convention include:
It also strengthens the UK’s ability to catch the criminals that exploit victims of trafficking and underlines the government’s long-term commitment to tackling this horrific crime.
Key benefits of ratifying the convention include:
A new national referral mechanism, providing a nationally agreed process to help frontline staff identify victims of trafficking and offer them support.
Strengthened arrangements for looking after victims, including a 45 day reflection and recovery period, and the possibility of a one-year residence permit for victims.
Better support for victims in giving information to police, which will help authorities bring those who exploit them to justice.
By Cecile Enie
Strengthened arrangements for looking after victims, including a 45 day reflection and recovery period, and the possibility of a one-year residence permit for victims.
Better support for victims in giving information to police, which will help authorities bring those who exploit them to justice.
By Cecile Enie
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