NICEM BRIEFING ON HUMAN
TRAFFICKING
Helena Macormac
DEFINITION OF HUMAN TRAFFICKING
AND THE EXTENT OF HT IN NI

Trafficking Protocol 2003 (UN Convention Against
Transnational Organized Crime);
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.
INTERNATIONAL INSTRUMENTS AND
OBLIGATIONS PLACED ON STATES
INSTRUMENTS:
 Protocol to Prevent, Suppress and Punish
Trafficking in Persons (UN 2000)
 CoE Convention on Action against Trafficking in
Human Beings 2005; Group of Experts on Action
Against Trafficking in Human Beings (GRETA)
visited NI in 2011
 EU Directive on Preventing and Combating
Trafficking in Human Beings and protecting its
victims 2011
OBLIGATIONS (3 Ps) :
 1) Prohibit/prosecute trafficking/traffickers
 2)Protect victims
 3)Prevent Trafficking

Identified as 3 key priorities in the EU strategy
Towards the Eradication of Trafficking in
Human Beings 2012-16
HOW NI LEGISLATIVE FRAMEWORK
RESPONDS TO OBLIGATIONS
1) Prohibit/prosecute trafficking/traffickers;
Sexual Offences Act 2003, Asylum and Immigration Act 2004,
NI Criminal Justice Bill
2)Protect victims; NRM mechanism, 45 day reflection
period
3)Prevent Trafficking; Coroners and Justice Act 2009,
(prohibits slavery) Sexual Offences Order 2008 ( controlling
prostitution) , Policing and Crime Act 2009 ( paying for
sexual services) Gangmaster Licensing Act 2004, ,
Immigration, Asylum and Nationality act (knowingly
employing illegal immigrants
PROPOSALS FROM NICEM FOR A MORE
EFFECTIVE FRAMEWORK;
1. A single more consolidated statute
 2. Sentencing guidelines should be revised to
reflect the severity of the crime
 3. Objective research and assessment of the
current law enforcement practices
 4.More proactive participation of NGOs in the
NRM
 5. NI gov should make more use of confiscated
criminal proceeds and consider establishing a
victims trust fund

6. Provision of reflection period and temporary
residence permit, a right of appeal against CA’s
decision as well as non-criminalisation of victims
incorporated in to legislation
 7. Increase sentencing for relevant offences and
close legislative gap with GB
 8. Increase awareness raising
 9. Appointment of an independent antitrafficking coordinator

UPDATES:
NICEM’s presentation to the Justice Minister Nov 2012;
 no plans to consolidate legislation at the moment
 revision of sentencing; issue of whether it should be an indictable
offence, LCJ will issue sentencing guidance fro trafficking for labour
when first case arises
 Research- sufficient practices in place
 Will look at issue of victims trust fund as system different from GB,
no civil assets recovery
 DOJ looking at putting support for victims on a statutory basis
 Right to appeal CA decisions; matter for the UKBA, DOJ have
written to UKBA to ask for more info
 DOJ developing a communications strategy which will include
awareness raising initiatives
 No plans for independent rapporteur as the Directive states that a
rapporteur mechanism should be in place but does not require the
rapporteur to be independent so it was agreed the InterDepartmental Ministerial Group would fulfill this function for the UK
Criminal Justice Bill
-Bring NI legislation in line with Protection of
freedoms Act 2012- creates 2 new offences ,
widens existing offence in relation to labour
exploitation
-NICEM gave evidence to DOJ committee in Nov
2012- focused on issue of compliance with CoE
Convention and UN protocol
– Bill is now at the consideration stage, final stage
scheduled for 8th April
GRETA REPORT (Nov 2012)
 welcomed initiatives such as establishment of
NRM and UK gob strategy on tackling HT 201115
 Further action required on an extensive list of
areas including;
- treatment of child victims, lack of convictions,
need for a clear legal and policy framework
-Report provides an extensive list of
recommendations including training, data
collection, awareness raising and the need for a
more comprehensive approach
Joint APG on HT and APG on EMC roundtable
Nov 2012, chaired by director of anti-slavery
international
- Need for expansion of specialist legal help in NIpractitioners group
- Need for a joined up approach, one stop shop
- Partnerships between NGOs and non-NGO
- Further frank and honest discussions with politicians
and civil society
- -need for increased capacity for identification
- Systematic response to compensation
- Need for a wider follow up event to assess progress
against NICEM briefing paper
DOJ NGO engagement Group
-established December 2012
-consists of those who responded to DOJ
consultation on NGO engagement as well as
officials including DOJ and PSNI
- 2 meetings to date
- 3 sub groups; awareness raising, education,
training
Lord Morrows Bill
-drafted by CARE (Christian Action Research and
Education)
-much debate has focused on clause 4; making it
an offence to buy the services of a prostitute
- Not supported by Justice Minister
Recent News coverage; Centre for Social
Justice Report
“Shameful” Failure to tackle slavery and human
trafficking in the UK- headline from the
Observer 9/3/2013
- 224 page report from Conservative thinktank
-researchers stunned at lack of awareness amongst
front line officials including UKBA and social
services, HT not a performance indicator for
police so no incentive
-more than 80 recommendations

www.nicem.org.uk

Helena@nicem.org.uk