A LEADING human rights lawyer has called for Scotland to be given the power to close the “protection gap” faced by human trafficking victims, which means they can be returned to countries where they are at risk.
Speaking ahead of Anti-Slavery Day on Thursday, Helena Kennedy QC – who in 2010 chaired an Equality and Human Rights Commission (EHRC) Scotland investigation into human trafficking – said the Scottish Government should be allowed to make decisions on how to treat victims of human trafficking.
READ MORE: 'I just ran and ran' - a human trafficking victim tells his story
Scotland introduced groundbreaking legislation in 2015 that allows a range of support for victims including 90 recovery days – double the time offered in the rest of the UK. However, it is the Home Office that makes the decision on whether to recognise someone as a victim of human trafficking through the National Referral Mechanism, as well as whether to grant protective leave to remain.
Police Scotland figures show a rise in human trafficking cases with 2013 cases last year, up 42% from 2016. They included sex trafficking and sham marriages, as well as people forced to work in cannabis cultivation ‘farms’, or in bonded labour in nail bars, car washes and restaurants.
Kennedy said that there had been “inspiring progress” in Scotland. But she claimed Scottish trafficking victims were falling through a protection gap, which could see them returned to countries where they were at risk of re-trafficking.
Figures suggest that just 10% of confirmed trafficking survivors are granted discretionary leave. Others may be granted a year’s leave under an EU directive that will not be enforceable after Brexit, while some may claim asylum.
“Scotland has very good trafficking policy but that is trumped by immigration policy,” said Kennedy.
“People are being recognised as [human trafficking] survivors but because of the presence of the hostile environment they are not getting leave.”
She claimed those making life-and-death decisions on whether to provide leave for trafficking survivors were not adequately equipped to do so.
“I would call on Scottish ministers to press the UK Government to be able to decide on how to deal with trafficking survivors, and allow them to stay here until they can recover and are out of danger,” she added.
Her call was backed by Glasgow Green councillor Kim Long. Earlier this year she campaigned on behalf of her constituent, Duc Kien Nguyen, a trafficking victim from Vietnam who was detained and faced deportation. Nguyen had been held hostage in a cannabis farm but following a police raid was mistakenly jailed for drug offences. He has since applied for asylum but is still at risk of further detention.
Trafficking victim Duc Nguyen
“We need to have automatic protection from deportation for people who’ve been trafficked, along with legal support to fight their case, and provide safe accommodation and well-funded mental health services to support recovery from the trauma they’ve endured,” Long said.
Catriona MacSween, of Aberlour Childcare Trust – which runs the Scottish Guardianship Service for young people who arrive in Scotland alone in partnership with the Scottish Refugee Council – agreed suffering was often a result of UK bureaucracy. “There is more of a focus on trafficking in Scotland now and it’s positive to see the Scottish Government set out their approach and commitment to tackling human trafficking,” she said.
But MacSween claimed delays on Home Office decisions about whether someone would be recognised as a trafficking victim were “outrageous”. One young person in the service has been waiting for three years, living in fear of deportation.
Another young person admitted the uncertainty meant she felt unable to enjoy anything. She has watched the mental health of several children deteriorate while waiting.
“This process is not child-centred and it needs overhauled as it is not fit for purpose,” she added.
Detective Superintendent Stuart Houston, who leads Police Scotland’s National Human Trafficking Unit, said: “This is something that has a huge impact on victims. The primary object is to protect the individual and keep them safe. If we can, we will then look to prosecute.”
A spokeswoman for the Scottish Government added: “It is important that trafficking victims are made to feel safe in our country and supported to rebuild their lives. That is why we want powers to establish a less restrictive immigration system that enables us to take the right approach to our humanitarian responsibilities.”
A Home Office spokeswoman added: “All applications are looked at on a case-by-case basis. No-one who is found to be at risk of persecution or serious harm in their country of origin will be returned there.”
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