UK’s migration bill a step backwards in fight against human trafficking, says watchdog

Europe s human rights watchdog has warned the UK government that it plans to curb traffickers in its illegal migration bill is a step backwards in the fight against human trafficking and modern slavery and shows a lack of compliance with international law.

In a highly unusual move, the Council of Europe s group of experts on action against trafficking in human beings Greta expressed deep concern about the bill and its lack of compliance with core elements of the Council of Europe convention on action against trafficking in human beings.

In a statement, the experts warned that if the bill became law, it would be a major step backwards in the fight against human trafficking and modern slavery in the UK, and would harm many of the country's achievements in this area by making it harder to identify victims, prosecute traffickers and combat human traffickers.

According to clauses in the bill relating to trafficking, nearly everyone who arrives in the UK in breach of immigration control and who is not directly from a country where their life is threatened would be detained and removed from the UK. This includes victims of human trafficking and modern slavery, who would be considered a threat to public order because they arrived in breach of immigration control.

The experts said that the new legislation doesn't conform to the UK's obligations under the Anti-trafficking convention, to prevent human trafficking, and to identify and protect victims of trafficking, and to uphold its international obligations in combating human trafficking.

The international law provisions that the bill is accused of breaching are Article 10 of the Anti-trafficking Convention, which requires states to identify victims of human trafficking, and not remove them until the identification process has conclusively established whether or not they are victims of trafficking. It applies regardless of the manner in which a person arrived in the country. Traffickers often take away victims' travel and identity documents as a way of exerting pressure or giving them false documents.

Another clause in the convention article 13 provides a recovery and reflection period of at least 30 days in which presumed victims of human trafficking are not to be removed from a country. They are entitled to assistance and protection, including appropriate and secure accommodation, emergency medical treatment, and legal counselling during this period. This recovery and reflection period will be denied to victims of trafficking, according to the bill.

Greta is concerned that the bill will not allow for proper consultation or scrutiny because it is being examined under the urgent procedure. Similar concerns about the legislation have already been raised by UNHCR and the Council of Europe commissioner for human rights.