Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Forced Labour Convention, 1930 (No. 29) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1931)
Protocol of 2014 to the Forced Labour Convention, 1930 - United Kingdom of Great Britain and Northern Ireland (Ratification: 2016)

The Committee notes the communication from the Trades Union Congress (TUC) dated 29 August 2013, as well as the Government’s response.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee notes the TUC’s statement that the Government has had difficulty in establishing meaningful coordination between the different agencies engaged in anti-trafficking efforts. Referring to a report by the Anti-Trafficking Monitoring Group, the TUC indicates that the criminal justice system fails to systematically prosecute traffickers, and that there has been a disproportionately low number of convictions compared to the number of identified trafficking victims. However, the TUC also indicates that there have been some localized good practices and examples of excellent individual work by the police and other criminal justice actors. It urges the Government to establish an independent anti-trafficking commissioner.

The Committee notes the information in the Government’s report concerning measures it has taken to combat trafficking in persons, including developing a list of priority source countries to help law enforcement agencies focus their efforts, establishing a trafficking focal point within each police force, implementing awareness-raising measures and training for employment agency inspectors, supplying e-learning to police officers on trafficking, developing a policy on prosecuting trafficking cases, and providing grant funding to front-line agencies. The Government has adopted a strategy on human trafficking, to be implemented by a number of agencies focusing on prevention, improving identification and care for victims, more effective action at the border and better coordination of law enforcement efforts. The Government also indicates that it has taken measures to implement the EU Directive on human trafficking, including through the adoption of legislation in 2012 to widen extra-territorial jurisdiction of trafficking offences committed by nationals. The Committee further notes the Government’s indication that, in England and Wales, six persons were convicted of trafficking in persons in 2011, and 13 persons in 2012. In 2011, two individuals were successfully prosecuted for trafficking for the purpose of sexual exploitation in Scotland, while there were two convictions in Northern Ireland in 2012. The Committee requests the Government to continue to take measures to combat trafficking in persons and to strengthen its efforts to ensure that all perpetrators of this offence are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are applied in practice. It requests the Government to continue to provide information on the application of the national legislation in practice, including the number of investigations, prosecutions and convictions, and the specific penalties applied.

2. Protection and assistance for victims of trafficking in persons. The Committee notes the TUC’s statement that the anti-trafficking strategy offers little protection to trafficked persons, and focuses predominantly on immigration control and international trafficking, despite the significant number of persons trafficked within the United Kingdom or from the European Union. The TUC also refers to an assessment of the Anti-Trafficking Monitoring Group which found that the National Referral Mechanism (NRM) was flawed, as it relied too much on the discretion of staff with minimal training, used flawed legal guidance on the definition of trafficking, put undue emphasis on the immigration status of the presumed victim, lacked a formal appeals process, and gave preferential treatment to United Kingdom and EU nationals. Moreover, the current legislation does not articulate protection rights for trafficked persons, and trafficked persons continue to report problems accessing services to which they are entitled. The TUC indicates that the Government should ensure that trafficked persons have access to free legal aid and are able to access the support services to which they are entitled.

The Committee notes the Government’s statement that it made changes to victim support arrangements in 2011, and a two-year contract was awarded to a non-governmental organization, with whom quarterly contract meetings are held to ensure that victims are getting the help and support they need. To establish the appropriate care for individuals, an initial needs assessment is undertaken, which informs the support provided to an individual. In Northern Ireland, support includes the provision of accommodation and interpretation services as well as assistance with accessing medical services, counselling, legal advice and legal representation. The Government also indicates that it adopted the Trafficking in People for Exploitation Regulations in 2013, which set forth measures for the protection of complainants. The Government further indicates that the NRM process is continually reviewed, and a number of amendments have been made to the NRM referral forms to improve the information provided by first responders. Due to efforts to raise awareness among front-line professionals, there has been a marked increase in the number of victims identified: 710 victims were identified in 2010, 946 victims were identified in 2011, and 1,186 victims in 2012. The Government also indicates that a baseline survey on victims of trafficking estimated that there were 2,077 potential victims of trafficking in the United Kingdom in 2011. Noting the significant number of victims identified, the Committee requests the Government to strengthen its efforts to provide protection and assistance, including legal assistance, to victims of trafficking. It also requests the Government to continue to provide information on the measures taken in this regard, as well as the number of persons benefiting from such services.

Articles 1(1) and 2(1). Vulnerable situation of migrant domestic workers to conditions of forced labour. The Committee notes the comments of the TUC concerning the situation of migrant domestic workers in the United Kingdom, specifically concerning the changes to the Overseas Domestic Work visa system in 2012. The TUC alleges that these changes removed important safeguards for visa holders, including the right to change employers and the right to renew the visa. The TUC states that these changes have been damaging for the protection of migrant domestic workers against forced labour. The Committee requests the Government to respond to the comments of the TUC in its next report.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted that section 71 of the Coroners and Justice Act, 2009, created a new offence in England, Wales and Northern Ireland of holding a person in slavery and servitude, or requiring a person to perform forced or compulsory labour. It requested information on the application of this provision in practice.

The Committee notes the Government’s indication that one conviction was reported under section 71 of the Coroners and Justice Act in 2011, resulting in a sentence of six months’ imprisonment and an order to pay £3,000 to the victim, as well as seven convictions in 2012 (from two cases) and two convictions in 2013 (from one case) resulting in sentences ranging from over two years to 11 years.