Independent Anti-Slavery Commissioner Publishes the Annual Modern Slavery Report for 2020-2021

Dame Sara Thornton, UK’s Independent Anti-Slavery Commissioner has published the 2020-2021 Annual Report. The report sets out the work of the Commissioner using the strategic plan presented before parliament in October 2019. However, the report also reflects on the challenges, including the impact of the Coronavirus pandemic and UK exit from the EU.

The report highlights that progress has been made, as well as the drawbacks, such as successful prosecution of perpetrators remaining infrequent. The Commissioner emphasises the need for research which could contribute more to the practical understanding of what works in terms of victims support and prosecution of offenders.

Particularly, the report underscores the need for protection of victims who commit criminal offences as a direct consequence of their trafficking. According to the report, child exploitation in county lines remains prevalent, though the possibility of criminal exploitation is not being considered at the start of an investigation risking victims being wrongly prosecuted. However, non-prosecution alone does not protect children or vulnerable adults; effective safeguarding is needed instead, the report indicates.

For the full findings of the report, please see here.

Supreme Court hands down judgment in A & B v CICA, for which Philippa Southwell provided expert evidence

HTMSE Director, Philippa Southwell, provided evidence  in the case of A & B v CICA, for which the Supreme Court has now handed down the judgment. Philippa’s evidence was based on her legal expertise in modern slavery, human trafficking and forced criminality.

The Court was asked to decide whether A and B were discriminated against contrary to Article 14 and 4 of the European Convention on Human Rights, by being barred from compensation under the 2012 iteration of the Criminal Injuries Compensation Scheme (CICS) based on having unspent convictions.

The Court rules that an automatic bar on compensation was lawful, where there was no nexus between the unspent convictions and trafficking. This still potentially allows for arguments for compensation on the grounds of nexus between trafficking the crime committed, if the victim has been unable to benefit from non-punishment provisions.

You can find the full judgment on the Supreme Court website here.

VCL and AN v UK: ECtHR refuses referral to Grand Chamber

European Court of Human Rights (ECtHR) has refused UK Government’s request that the case of V.C.L. and A.N. v. United Kingdom (nos. 77587/12 and 74603/12) be referred to the Grand Chamber. The judgment, handed down on 16th February 2021, is now final.

This was landmark case in which the Chamber of the ECtHR unanimously found breaches of Articles 4 (prohibition of forced labour) and 6  § 1 (right to a fair trial) of the European Convention on Human Rights

Philippa Southwell, HTMSE director, represented VCL in both domestic proceedings and in his application to the European Court of Human Rights in Strasbourg.  Also instructed on behalf of VCL were Henry Blaxland QC, Emma Fitzsimons and Stephen Clark of Garden Court Chambers alongside Michelle Brewer, a former tenant who left Chambers to become a First-Tier Tribunal judge in the Immigration and Asylum Chamber.

For the confirmation of the rejection for referral to the Grand Chamber please see here.

For the full judgment please see here.

G7 Told to Prioritise Tackling Forced Labour in Global Supply Chains

As the G7 meeting gets underway, the Independent Anti-Slavery Commissioner, Dame Sara Thornton and the CEO of the Global Fund to End Modern Slavery, Alex Their, appeal to world leaders to prioritise a coordinated approach on tackling the global issue of forced labour in supply chains.

Writing in an article in the Red Box section of The Times, they recommend specific measures and commitments to solve modern day slavery, emphasising that it requires and investment of capital and political will. They appeal to the G7 leaders to condemn forced labour in goods and services in their supply chains and commit to enforcing this.

It is proposed that G7 agree on specific and measurable commitments, such as eradication of forced labour in the G7 supply chains by 2025, and worldwide by 2030. Then, they should agree on steps to harmonise their laws and standards, followed by increase in investment in the countries trying to do the right thing. Lastly, the article calls for a ban to all state-controlled forced labour.

To read the full article by the Independent Anti-Slavery Commissioner and CEO of the Global Fund to End Modern Slavery, please see here.

Child Rights and Corporate Social Responsibility

World Day Against Child Labour – 12 June 2021

12th June was the official World Day Against Child Labour. Children around the world are routinely engaged in paid and unpaid forms of work that are not harmful to them. However, they are classified as child labourers when they are either too young to work, or are involved in hazardous activities that may compromise their physical, mental, social or educational development.

The World Day Against Child Labour was first launched in 2002 by the International Labour Organization (ILO) in order to bring awareness to the global issue of child labour and the action and efforts needed to eliminate it. This year’s World Day was the first since the universal ratification of the ILO’s Convention No. 182 on the Worst Forms of Child Labour. It 2021 is also the International Year for the Elimination of Child Labour.

As part of the observances, ILO and United Nations Children’s Fund (UNICEF) have released global estimated and trends on child labour.

As the Covid-19 pandemic continues, the report reflects on how it threatens to reverse years of progress in tackling the problem of child labour and assesses how the pace of progress towards ending child labour is likely to be affected by the continuing pandemic and the economic crisis that has accompanied it.

For more on the World Day Against Child Labour, please see here, whilst you can find the ILO and UNICEF report here.

Judgement: European Court of Human Rights failure to adequately protect potential victims of child trafficking in landmark case of VCL and AN v UK

Philippa Southwell, founder of HTMSE and leading modern slavery lawyer represented one of the victims, VCL, in the landmark ECHR case, in relation to victims of human trafficking. Philippa represented VCL in both domestic proceedings and in his application to the European Court of Human Rights in Strasbourg.  

The ECHR judgement finds failure to adequately protect potential victims of child trafficking. Judgement in the case of V.C.L. AND A.N. v. the United Kingdom (applications nos. 77587/12 and 74603/12) was handed down last week held, unanimously, that there had been:  

  • a violation of Article 4 (prohibition of forced labour) of the European Convention on Human Rights, and  
  • a violation of Article 6 § 1 (right to a fair trial).  

This case is likely to have wide reaching impact for victims of human trafficking.   

As part of VCL’s legal team also instructed were Henry Blaxland QCEmma Fitzsimons and Stephen Clark of Garden Court Chambers alongside Michelle Brewer, a former tenant who left Chambers to become a First-Tier Tribunal judge in the Immigration and Asylum Chamber.  Liberty (National Council for Civil Liberties), GRETA (Group of Experts on Action against Trafficking in Human Beings) responsible for monitoring the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings and Anti-Slavery International intervened in this case.   

You can find the full judgement here.  

 

Photo Credit @ Wikimedia Commons

United States: National Human Trafficking Awareness Day

January 11th marked the National Human Trafficking Awareness Day in the US. Designated in 2007, it aims to raise awareness in the United States about human trafficking and modern slavery on national level.

The Human Trafficking and Modern Slavery Expert Directory was established to bring together leading professionals and specialist organisations working in the counter human trafficking and modern slavery sector and provides access to specialists from around the globe, from all different professions and disciplines.

We encourage all professionals, NGOs, charities, businesses, lawyers, medical practitioners, or other experts or specialist organisations not listed in the HTMSE directory to sign up to create a profile here: https://humantraffickingexperts.com/main/signup

Anti-Slavery Day, 18th October 2020

October 18th was the UK’s Anti-Slavery Day, enacted back in 2010 as an Act of Parliament, with the intention to acknowledge and raise awareness for the estimated 40 million victims of modern slavery and human trafficking victims worldwide. Though the UK made strides in the global fight against modern slavery by enacting the Modern Slavery Act 2015, the first of its kind, in 2019, there were over ten thousand potential modern slavery victims identified in the UK alone. Each year Anti-Slavery Day reminds us of the individuals, communities, and even business exposed to the crime of Modern Slavery.

This year, over 50+ NGOs, academics and law firms have signed an open letter directed to the Prime Minister Boris Johnson, calling for better protections and improved immigration policies for survivors of Modern Slavery. The letter highlights the plight of victims in immigration detention centres run in ‘prison-like’ conditions, and the practical disparity whereby more survivors than perpetrators are held ‘behind bars’.

Experts are calling on the UK Government to ‘turn the tide’: by ensuring victims of trafficking do not face punitive immigration control measures and Modern Slavery survivors receive needed support, particularly urging the Government to ensure victims receive support and immigration protection for at least 12 months – in line with the proposed Modern Slavery (Victim Support) Bill. At present, traffickers threats of detention and deportation as a mechanism to control vulnerable whilst victims already struggle to secure protection under the current asylum process as it is ‘notorious for disbelief’.

Several signatories to the letter can be found in the HTMSE Directory which connects modern slavery and human trafficking victims with experts in modern slavery across all areas of practice. We encourage anyone, whether a professional, NGO, charity, business, lawyer, medical practitioner, or other expert or specialist organisation not listed in the HTMSE directory to sign up to create a profile here: https://humantraffickingexperts.com/main/signup

UK’s Largest Anti-slavery Prosecution ‘Operation Fort’ Provides Lessons for Business and a Framework to Analyse Compliance to the Modern Slavery Act, June 2020

Operation Fort is the UK’s largest anti-slavery prosecution, with eight members of a Polish criminal gang convicted of slavery, trafficking and money laundering offences on 5th July 2019.

The Independent Anti-Slavery Commissioner report highlights “Operation Fort is important not only because of the number of victims, but also the length of time the criminal gang was able to operate without disruption.” The gang’s activities were traced back to 2012 and continued four years after the Modern Slavery Act was passed in 2015.

The case involved 92 victims aged between 17- 60 who spoke minimal or no English, who were forced to work on farms, in factories, waste recycling plants, warehouses and live in dire conditions in the Birmingham area, although West Midlands PD estimated 400 Polish nationals may have been subject to this exploitation. Operation Fort was a complex case of modern slavery involving many criminal elements, including labour exploitation, human trafficking, fraud, deception, theft and physical abuse.

A key lesson from this case lends to employers and businesses being educated and proactive in spotting the signs of slavery and exploitation, and having effective measures in place to report concerns. There must be particular safeguards in place for temporary workers. Lessons to banks suggest they must proactively look for the signs of slavery within their branches, and also by analysing financial data. Furthermore, recruitment agencies can learn lessons from this case. They have an important role in identifying victims during interview or inductions, carrying out effective checks to detect anomalies, and an ongoing responsibility to check on worker welfare.

“Operation Fort sends a clear warning that no supply chain is safe from worker exploitation. Modern slavery and human trafficking gangs are highly adaptable; organisations must continually evolve to keep pace with entrepreneurial criminality.”

The Independent Anti-Slavery Commissioner provides a maturity framework for business’ compliance to the Modern Slavery Act:

BARELY ACHIEVING COMPLIANCE

  • Superficial modern slavery statement – policy but no action
  • Little or no mapping of supply chains
  • Minimal awareness of modern slavery amongst staff
  • Sole reliance on audits
  • No protocol for dealing with labour abuse 

 

MEETING BASIC EXPECTATIONS

  • Evidence of activity or improvement in modern slavery statement
  • Identifying areas of high-risk in the business and supply chains
  • Educating suppliers on policy and setting expectations
  • Regular staff training and awareness-raising exercises
  • Basic protocols for dealing with labour exploitation cases
  • Installing whistleblowing hotlines

 

EVOLVING GOOD PRACTICE

  • External challenge or working groups informing strategy
  • Going beyond auditing – deep dives and unannounced visits
  • Cascading ethical standards throughout supply chains
  • In-depth training for staff in key roles, such as procurement
  • Commitment to worker engagement
  • Implementing the Employer Pays principle

 

LEADING ON HUMAN RIGHTS INNOVATION

  • Board leading on human rights strategy
  • Using data analytics to identify risk
  • Local, national, international intelligence gathering
  • Supporting suppliers to develop ethical competencies
  • Pioneering new ways of worker engagement, using technology
  • Factoring in the true cost of labour

 

Find the full Independent Anti-Slavery Commissioner report here.

The Continuing Impact of Coronavirus on Human Rights and Modern Slavery

The continuing coronavirus pandemic poses risks to members of society beyond the immediate virus itself. Since governments around the world began introducing new legislation and lockdown procedures to enforce social distancing measures many organisations have highlighted the need to maintain protections for basic human rights, and ensure appropriate safeguards are in place for the some of the most vulnerable in society, such as victims of human trafficking and modern slavery; victims of domestic violence; children at risk of exploitation; and serving prisoners for whom an inability to socially distance may have severe consequences.

Domestically, NGOs and academics have warned many victims of modern slavery and forced labour trapped in exploitative situations will be unable to seek medical assistance or stop working, and many may further actively avoid seeking help for fear of contact with the authorities. Whilst some positive measures have been put in place to aid those impacted by coronavirus and lockdown measures domestically, such as the UK Government’s measures allowing victims of modern slavery to remain in government funded safe-house accommodation for three months, significant concerns continue to be raised for workers in international supply chains. Reductions in international trade have caused thousands of workers to have been left jobless, or facing joblessness, leaving them potentially vulnerable to exploitation and modern slavery. In Cambodia, over 20,000 workers in the garment industry alone faced job losses due to factory closures resulting from a reduction in trade with China, the US and Europe. Similar reports have emerged from other countries, impacting workers across all industries. However, the risks extend beyond becoming trapped in exploitative employment. Loss of income has led some workers and families having to resort to seeking high interest loans in order to survive, leading to many becoming victims of debt bondage; being forced to work to pay off the debt. This has become a particular concern for millions of informal workers in countries such as India, where many workers do not have bank accounts or official paperwork causing difficulties in accessing Government aid.

In addition to concerns for workers across the world becoming extremely vulnerable to modern slavery, forced labour, and other forms of exploitation as a result of losing their job and income, there are substantial concerns for those working in supply chains for high demand items. In particular, manufacturers of personal protective equipment used in medical services, such as rubber gloves, have come under scrutiny for their labour practices; with the conditions of migrant workers in rubber glove factories in Malaysia being described as ‘slave like’. With demand for these items continually rising, human rights organisations have implored governments not to ignore labour conditions and exploitation occurring across global supply chains in their production.

These impacts of the global pandemic may have profound effects beyond the individuals forced into exploitative situations, causing substantial delays in the progress of programmes to improve human rights globally. The UNFPA has conducted an analysis that suggests the economic impact of coronavirus, in conjunction with delays to programmes tackling issues such as FGM and child marriage, could lead to an estimated 13 million child marriages in the next decade, and an additional 2 million cases of FGM above what was previously predicted.

The coronavirus pandemic has increased the risks and vulnerability for many in society and will continue to do so for many years after the initial pandemic itself has ended. In addition to those trapped in violent, abusive, and exploitative situations at home, for many around the world the economic impacts of coronavirus have raised their vulnerability to potentially becoming trapped in bonded labour, forced labour or other forms of modern slavery. The raised demand for certain products, alongside an increased demand for work, has also exposed may factory workers potentially exploitative working conditions, and the impact on global programmes focusing on human rights have been delayed; potentially resulting in millions of additional cases in the coming years. It is vital to ensure that in tackling the global public health crisis much of the positive development in addressing human rights around the world is not undone, and Governments and private sector actors continue to address and improve the situations of society’s most vulnerable individuals.