Human Trafficking: How can independent funders help to move forward policy and practice in the UK?

Monday 29 eptem!er 2""# Human $ights %ction &entre' %mnesty (nternational UK )n !ehalf of the %ssociation of &harita!le *oundations %sylum' $efugee and Migration (ssues network' &ity +arochial *oundation' &omic $elief and ,oseph $owntree *oundation convened this event for independent funders and voluntary organisations in the field to e-plore how funding might most effectively !e applied to achieve a step.change in addressing human trafficking in the UK/ These notes are a summary of the discussions which took place at the event/ 0e have tried to include the range of ideas and views e-pressed on the day !ut there will !e things we have missed/ 0e should emphasise that this is a record of the meeting !ut the views e-pressed are not those of all the participants nor the funders of the event/ *or more information please contact $achael Takens.Milne at &ity +arochial *oundation on "2" 12"2 2345 or info6cityparochial/org/uk/ 0e would like to thank everyone who contri!uted to these discussions/

ummary: key areas identified for independent funding

Holding the Government to account on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings from 2009 onwards !aising awareness of human trafficking" particularl# among a targeted audience of front$line practitioners %ncreased access to legal representation %ncreased and &etter co$ordinated support services for victims at a local level 'particularl# outside (ondon) and &etter co$ordination *urther research to map the gaps in services" share learning and increase the evidence &ase on the impact of trafficking and e+periences of trafficked people ,ore detail is covered &elow

)verview of the sector: policy change' practice and victim services

The ke# polic# which set the conte+t for the da# is the Government-s commitment to ratif# the Council of Europe Convention on Action Against Trafficking in Human Beings &# the end of 200. %t was stressed that it was particularl# significant that this instrument is the first international convention that enshrines victims- rights However" there are concerns a&out accounta&ilit# including/ Although the Government has committed in the 01 Action 2lan to taking a victim$ centred approach" it is not clear what this will mean in practice" particularl# for those that do not fit the 3perfect victim- paradigm and ma# for e+ample &e involved in criminalit# The 01 Human Trafficking Centre '01HTC) and the Child E+ploitation and 4nline 2rotection agenc# 'CE42) have no statutor# powers over others e g police forces There is no independent oversight of people trafficking or the work of deliver# agencies in tackling it" including 01 Borders Agenc# '01BA)
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A need for voluntar# sector providers to deliver to the same standards the# re6uire of statutor# agencies" and in line with human rights o&ligations including the Convention

2otential solutions include/ Creating an independent trafficking rapporteur as a national monitoring mechanism '7ee paper from EC2AT 01 circulated separatel# ) 8eveloping the e+pertise of parliament to hold government to account" including through the All 2art# 2arliamentar# Group on Trafficking of 9omen and Children 7trengthening the evidence &ase for campaigning to improve the credi&ilit# of arguments for change %t was also highlighted that there are a num&er of different groups that e+ist to discuss polic# in relation human to trafficking %t raises 6uestions a&out co$ordination" overlap and effective use of resources '&oth statutor# and voluntar#) 2rior to its signature of the Council of Europe Convention" the 01 was far &ehind man# European countries in polic# on people trafficking There has therefore &een huge progress in polic# terms &ut unfortunatel# practice remains poor in man# areas" unchanged from the previous ad hoc approach %n particular there is concern that o&ligations to the Convention ma# &e met in the letter" &ut not in the spirit *or e+ample/ The 01-s 3national referral mechanism- does not reflect the Council of Europe recommendations" especiall# in its e+clusion of a clear role for e+pert :G4s An emphasis on 3rescue- of victims" including in the media" shifts the focus awa# from what happens ne+t There is an apparent division &# Government of 3deserving- and 3undeserving- victims This raises a dilemma for :G4s a&out working with Government if there is not a commitment to a strong human rights approach; #et providing apparent 3technical compliance- with o&ligations under the Convention There are comple+ conse6uences including the risk that :G4s ma# unintentionall# harm victims &ecause of the funding framework 0nder the Council of Europe Convention" those identified as victims of trafficking will &e entitled to minimum care including ps#chological support" secure accommodation and medical assistance *rom the perspective of working with women who have &een trafficked" the ke# gaps and strategic issues are/ Concern a&out the level<strength of statutor# commitment" evidenced &# the end of Government funding for the pilot to support women who have &een trafficked for purposes other than se+ual e+ploitation These women remain at the 2422= 2ro>ect Another e+ample is the recent closure of the ,etropolitan 2olice anti$trafficking team 'on the &asis that this is now core police &usiness) ?er# low pu&lic awareness" including of the role of male demand to &u# se+ on trafficking 3suppl# !esearch a&out what happens to women who are re$settled in their countr# of origin %t is not known whether" for e+ample three #ears on" women have re&uilt their lives or whether the# have &een re$trafficked (ack of specialist support for children and #oung people that have &een trafficked How to move women on into training and emplo#ment" especiall# given that the# will have no track record of 3legitimate- work in the 01 and no references
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 A surprising a&sence of an# prosecutions of traffickers &ringing people from Africa" whereas a third of 2422=-s clients are African 'mostl# referred from deportation centres) 7trategies for famil# reunification for trafficked people who sta# in the 01" including parenting skills The need to centralise the voice of victims<clients in polic# and pu&lic de&ates a&out people trafficking The im&alance &etween the huge sums generated for criminals &# trafficking people and the resources spent to com&at it was also highlighted As independent funding is relativel# small compared with statutor# &udgets" it might &est &e used to influence Government to invest at the re6uisite levels

Morning discussion session

(dentification of key strategic issues in policy relating to people trafficking (ack of evidence a&out the pro&lem and its solutions including data a&out the scale of trafficking into and within the 01; and 6ualitative information a&out how and wh# There is a need for this solid evidence &ase for campaigning (ow pu&lic awareness" and some stigma associated with &eing a trafficked person" often linked to &roader pre>udices a&out migration and prostitution :eed to develop a common advocac#<campaigning strateg# @ one voice on trafficking %s there a need for a championA The Convention lacks 3teeth- to enforce good practice :eed to consider the trafficking polic# implications across all government remits 'e g 8*%8" 892" BE!!" immigration) in order to identif# and address contradictions in practice" polic# and legislation There is a particular mismatch &etween immigration and trafficking legislation 2olic# change to ensure that the individual does not fall through the gaps &etween provision of service &etween different government departments and agencies (ack of frameworks for commissioners is a pro&lem @ (ocal Authorit# plans do not fit well e g 7upporting 2eople %mportance of linking with other polic# @ e g there is strong emplo#ment legislation and child protection framework in the 01 @ rather than focusing on trafficking in isolation '4ver) focus on the criminal >ustice response to trafficking ?ictims rarel# have access to compensation @ the mechanisms are in place &ut are poorl# used" partl# &ecause it is not a polic# priorit# 7pecific considerations for minors are not &eing properl# addressed" including an a&sence of pu&lic guardianship for children and #oung people :eed to push for more gender$sensitive approach to protection so that it recognises< addresses specific issues related to women The Gangmasters- (icensing Authorit# appears to have &een effective &ut its &rief is too narrow @ so traffickers are moving into other industries outside its remit !esidence permits under the Convention will &e contingent on co$operation with the police @ what if the police do not want to take forward a caseA :eed for a right to work for trafficked people" once o&tain residence permit @ otherwise the# are eas# pre# to re$trafficking 2ossi&ilit# of including trafficking indicators in &ilateral agreements with developing countries that are sources of victims
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(dentification of key strategic issues in practice7implementation 2oor and inconsistent identification of victims of trafficking High risk of trafficked people &eing treated as immigration criminals rather than victims (ow awareness of trafficking in the 01 and source countries :egative attitudes and dis&elief of authorities @ police" prison and detention" immigration @ and other front$line agencies There is a pro&lem with high turnover in immigration services thus lack of institutional memor# at senior level There needs to &e more training and guidance for front$line practitioners likel# to encounter trafficked people &ut this needs to &e reinforced with stronger drivers" such as performance targets and legal challenges *ocus on sensitising law#ers" particularl# those working on immigration" to &etter understand trafficking issues The# ma# &e the first point of contact although not thought of as 3frontline agenc#?acuum in policing in relation to child trafficking :eed for &etter use of non$trafficking legislation and frameworks @ such as child protection" emplo#ment rights" povert# reduction strategies in originating countries A&sence of a national rapporteur 'or other independent monitoring mechanism) to oversee the implementation of anti$trafficking polic# on the ground :eed to improve the coordination &etween agencies working on trafficking" including central government departments %nconsistent co$operation with :G4s &# statutor# agencies *ailure to track what happens to trafficked people 'and particularl# minors) when the# are repatriated :eed for more and &etter use of e+pert witnesses in as#lum and criminal cases %t is crucial to include all forms of trafficking" including internal trafficking !e6uirement to step up work on preventing trafficking; need for more international coordination to make sure this happens Generall# cross$sectoral agencies in 01 are more integrated<co$ordinated than in other countries &ut more sharing of practice is needed" including across Europe

(dentification of key strategic issues in victim services There is a need to &roaden the understanding of victim care to include >ustice" i e prosecution of traffickers 7ervice areas are ver# wide" including/ o Housing<accommodation o (egal representation o Counselling<support o *amil# tracing o Clothing o ,edical assistance o *inancial o Travel o 8ocumentation
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o Translation<interpretation o Emplo#ment o Education o !ecreation 7ervice provision needs to include &oth long$term and emergenc# response *ollow up support is ar&itrar#" as is access to law#ers" police action" and accommodation :eed consistent access to holistic services to meet individual needs (ack of legal advice 'and funding for it) has a ma>or impact on whether trafficking victims gain as#lum Current organisations are alread# over$stretched and need e+ceeds provision There is a particular shortage of victim services outside (ondon There is fragmented information a&out what support is availa&le in a particular area" which could &e &etter &rought together Trafficked people receive services from specialist and generalist organisations; this needs to &e recognised and support for &oth provided 4rganisations 'particularl# generalist organisations) working with trafficked people need support to &etter understand<identif# who is a victim %mproved networking and making &est use of a wide range of e+isting services" which focus elsewhere &ut have relevant skills @ to deliver support which is practical" immediate and appropriate for the wide range of individuals- needs @ &oth in the 01 and for those that return to their countr# of origin A&sence of specialist services for trafficked children and #oung people Gap in services for men who are trafficked :eed for minimum performance standards for victim services and to ensure that the# are &eing applied and complied with ?ictim$centred approach is difficult when emphasis is on immigration issues" which tend to take precedence :eed to strengthen 'and listen to) the voice of users

%fternoon session
*acilitated discussions/ 9hat are the ke# areas for independent funding to move forwardA (ndependent funding: general points *orced la&our and domestic servitude are not given sufficient attention in discussions a&out people trafficking *unders need to &e aware of the &readth of trafficking and consider funding work in these areas as well as se+ual e+ploitation of women *unders can pressurise or campaign directl# in some cases and on some issues" &ut most funders do not feel that this is their role %ndependent trusts and foundations can contri&ute connections" influence and assets" as well as mone# %nvolvement of reputa&le funders can trigger interest from government *unders and :G4s can work in the gap &etween official rhetoric and realit# on the ground %t would &e welcome for independent funders to fund in colla&oration with each other and with other agencies

There was also a plea for funders not to over$segregate funding B# &eing too narrow 'e g focusing >ust on advocac# or accommodation) can reduce impact or miss ke# needs @ look instead for a more holistic approach Key areas for independent funders: policy The group identified two initiatives where practitioners and independent funders could come together to make an impact at a polic# level/ 1. Improving Accountability Create a shadow :G4 monitoring mechanism to audit government-s anti$trafficking work and implementation of the Convention on Action against Trafficking in Human Beings This would provide an alternative view to the self$assessment account that government will need to su&mit to G!ETA5 once it has ratified the Convention This :G4 audit would hold government to account" &ased on the evidence on the ground gathered &# a &road coalition of :G4s working with trafficked people The audit would cover all forms of human trafficking and would create space for the specialisms" together with &roader" cross$cutting issues ,odels from other disciplines 'e g race" anti$povert#" child rights" violence against women) and other countries should &e e+amined to inform how this monitoring mechanism might work The scope of this audit would encompass developing agreed performance indicators<standards' gathering evidence from a &road range of sources ' evidence anal#sis and pu&lication The audit could &e a multi$#ear initiative ena&ling tracking of performance #ear$on$ #ear" demonstrating changes" improvements and on$going areas of concern %t could also act as evidence for the campaign to esta&lish a national rapporteur for trafficking" who would take over this independent scrutin# role %t was not felt that it was useful to esta&lish a coalition of :G4s per se &ut that it would &e helpful to support a focused piece of work undertaken &# a coalition of :G4s @ as had &een evidenced &# the campaign to persuade Government to sign the Council of Europe Convention 2. Raising awareness of human trafficking !aising pu&lic awareness of human trafficking is re6uired" to contri&ute to trafficking prevention and identification and support of victims Currentl# there is a fragmented approach; it would &e valua&le to pull this together However" there are a large num&er of issues that would need to &e considered" including/ o 9hat are the issuesA o 9ho are the ke# target audiencesA %s it useful to raise general pu&lic awareness or should the focus instead &e on politicians" statutor# and voluntar# agenciesA o 9hat are the messages 'and to what e+tent is it possi&le to come up with a uniform set of messages)A
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Group of E perts on Action against !rafficking in "uman #eings " a technical monitoring &od#" composed of independent and highl# 6ualified e+perts working with the Convention to which each signator# government is o&liged to provide documentation related to implementation E

o 8o we aim to raise pu&lic$awareness ourselves or should our efforts &e directed to campaign for government to take this responsi&ilit#" particularl# for statutor# officersA o How can #ou measure results in this areaA 9hat would &e the ke# indicators for successA There ma# &e a piece of work to &e done to research the issues and consider the most effective focus and approach for raising awareness of human trafficking :egative attitudes are grounded in attitudes to migrants and people working in prostitution so there ma# &e possi&le links with other campaigns to challenge negative perceptions e g of as#lum seekers

Key areas for independent funding: practice7implementation The group identified two priorit# areas/ 1. $egal representation and capacity There is a real need for trafficked victims to have consistent access to good" free legal representation This could &e improved &#/ 8issemination of information on legal cases and &etween those providing legal aid e g immigration law#ers and those working with emplo#ment < communit# care < crime ,ore capacit# for law#ers to work tighter across different specialisms %ncreased strategic litigation capacit# to support case$&uilding 'to complement legal representation) Colla&oration with pro>ects to enhance effectiveness" e g legal support to people in housing pro>ects that are in situ" easier to access Capacit#$&uilding to improve understanding of trafficking issues @ poor legal advice is too widespread 2. Research There is a lot of research" &ut not necessaril# of the &est 6ualit#" or moving the issues forward %t would &e ver# useful to have some resources put into/ A literature review of e+isting research" including highlighting the deficiencies e g in government impact assessments !esearch could look at institutional attitudes that relate to treatment < rights of victims Gathering evidence of how much time is spent for free &# :G4s working with statutor# &odies in relation to trafficking issues A working partnership to pull together information then disseminate findings %mportant to use the findings and make sure the# are applied rather than funding Fending with the reportG e g set up follow$up workshops to ensure some action results Consider different audiences for findings $ not >ust the usual suspects %n addition" the group identified the need to fund/ 9ork with e g immigration services at all levels Approaches to tackling the culture of dis&elief of victims" which the Home 4ffice is &eginning to accept as an issue (essons can &e learned from e g ,c2herson %n6uir# highlighting institutional racism in police and from the 8omestic ?iolence field Key areas for independent funding 8 9ictim ervices
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1. "elping the sector to learn and grow well Although man# agencies working on trafficking are well$esta&lished" there are man# new groups and poor coverage nationall# There is an opportunit# for funders to support the effective and informed growth of the sector" for e+ample/ To support the development of local services To help non$specialists to respond to need To make &est use of all the relevant networks and skills This could &e though supporting a range of activities" such as/ 8eveloping models for e g assessment of need" working with police" immigration etc 7ervice mapping e+ercises Comparative evaluation of different approaches 2u&licising &est practice *unders also need to create space for organisations to learn @ to support good evaluation" to avoid &eing too prescriptive a&out the outcomes the# e+pect" to encourage a critical attitude without endangering funding 1. Improving access to legal advice and awareness of rights %ndependent funders would generall# &e una&le or unwilling to stand in for legal aid &ut there are other wa#s to take action A priorit# is for individuals to &e made aware ver# earl# on in the process that the# have rights @ this might &e as straightforward as supporting the development of &asic leaflets in a wide range of languages And" in order to make &est use of scarce legal resources and act as effective advocates" :G4 staff need to &e well trained in legal issues 2. %ilot pro&ects to reach the most neglected groups 9ithin this alread# ver# marginalised group of people" there are some groups that are even more marginalised or whose needs have not &een given an# priorit#" This ma# &e &ecause of their legal status @ people trafficked from the E0 for e+ample" who are often simpl# told the# should go home @ or &ecause the# are seen as difficult to deal with @ for e+ample &ecause the# e+hi&it challenging &ehaviour

&losing remarks
%t was agreed that/ The notes of the da# would &e written up and circulated to those that attended" to other independent funders" :G4s and relevant polic#$makers The organisers would seek permission from attendees to share contact details with each other Cit# 2arochial *oundation would host a follow$up meeting of interested funders

:ist of attendees !epresentatives of the following organisations attended the event/ A*!0CA 'Africans 0nite Against Child A&use) Allen (ane *oundation Amnest# %nternational 01 Anti$7laver# %nternational As#lum Aid Charities Aid *oundation Cit# 2arochial *oundation 'C2*) Comic !elief Cro#don Communit# Against Trafficking Eaves<2422= 2ro>ect EC2AT 01 E6ualit# and Human !ights Commission Esmee *air&airn *oundation Helen Bam&er *oundation Hi&iscus" *oreign :ationals in 2rison Housing for 9omen %mmigration (aw 2ractitionersI Association John (#onIs Charit# Joseph !owntree Charita&le Trust Joseph !owntree *oundation 1ala#aan (ankell#Chase *oundation (lo#ds T7B *oundation for England K 9ales ,edaille Trust ,edical *oundation for the Care of ?ictims of Torture ,igrant and !efugee Communities *orum :ew 2hilanthrop# Capital :orthern !ock *oundation !EA2 !efugee Council !47A 'the 9omenIs *und)
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7T42 'Trafficking) 01 7top the Traffik The Henr# 7mith Charit# The 7alvation Arm# The Tudor Trust The 9ates *oundation Trust for (ondon 9omen and Girls :etwork

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