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Publication - Consultation Paper

Trafficking and exploitation strategy: draft for consultation

Published: 12 Oct 2016
Part of:
Equality and rights, Law and order
ISBN:
9781786525123

A draft strategy for consultation on tackling human trafficking and exploitation in Scotland.

17 page PDF

292.0kB

17 page PDF

292.0kB

Contents
Trafficking and exploitation strategy: draft for consultation
Section 3: Vision, Action Areas and Moving Forward

17 page PDF

292.0kB

Section 3: Vision, Action Areas and Moving Forward

Vision

This Strategy sets out our vision, developed with our partners, which is to eliminate human trafficking and exploitation.

Although the main focus and influence of this Strategy is within Scotland, it will contribute to the effort to tackling human trafficking and exploitation across the UK and beyond.

Action Areas

The Action Areas that will help us to move towards the vision are:

  • Identify victims and support them to safety and recovery;
  • Identify perpetrators and disrupt their activity;
  • Address the conditions, both local and global, that foster trafficking and exploitation.

Each of these Action Areas have further themes that can be taken forward. The diagram on the following page sets out these relationships.

Moving forward

If we want things to change, we need to know in relation to each Action Area:

  • What is already happening?
  • What do we need to improve?
  • What actions will we take?

For each of the Action Areas, the following Sections identify what is already happening, along with suggestions as to what we need to improve and what actions we will take.

This Strategy cannot capture all of the work already going on in different agencies and organisations that has an impact in Scotland. As set out above, we anticipate that regular Stakeholder Forums will enable us to capture some of that work.

Vision, Action Areas and Outcomes

Vision, Action Areas and Outcomes

Action Area 1 - Identify Victims and Support Them to Safety and Recovery

Action Area 1 - Identify Victims and Support Them to Safety and Recovery

Action Area 1 - Identify Victims and Support Them to Safety and Recovery

What Is Already Happening?

Specialist support for adult victims of human trafficking is currently provided by two third sector organisations, the Trafficking Awareness Raising Alliance ( TARA) and Migrant Help. TARA specifically provides support to adult women who have been trafficked for sexual exploitation, while Migrant Help provides support to all other adult victims of human trafficking - women trafficked for other purposes as well as men. These agencies work with local authorities and other bodies such as the NHS that have relevant duties towards victims of trafficking to provide support. .

At the moment, the arrangements referred to above do not cover those who have been the victims of exploitation alone ( slavery, servitude and forced or compulsory labour). This is an issue that will be considered, although any victim of a crime in Scotland has the rights set out in the Victims' Code for Scotland, including to support by organisations such as Victim Support Scotland.

The Adult Support and Protection (Scotland) Act 2007 [5] may be considered in relation to certain human trafficking or exploitation incidents when the adults at risk are adults who:

a) are unable to safeguard their own wellbeing, property, rights or other interests,
b) are at risk of harm, and
c) because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.

An adult victim of human trafficking or exploitation could also be an adult at risk of harm. It may also be appropriate to consider whether adult protection measures can be used in addition to the support provided through specialist help or, in the case of trafficking, where an adult does not consent to entering the NRM and is ineligible for specific support for potential victims of human trafficking.

Human trafficking legislation will take primacy with regard to the support and protection of adults who have been victims of these crimes, but other legislation may also be relevant in providing ongoing support, for example Mental Health (Care and Treatment) (Scotland) Act 2003, Adults with Incapacity (Scotland) Act 2000.

Child victims of trafficking or exploitation who have someone within the UK with parental rights and responsibilities for them, will be provided with support and protection through Scotland's child protection system. Child victims who do not have anyone in the UK with parental rights and responsibilities for them will be assisted by the Scottish Guardianship Service. See Section 4 of this document, which deals with specific issues relating to child victims.

What Do We Need To Improve?

  • We want people who encounter victims to understand the signs, know what to do and have access to specialist advice and support. We will raise awareness amongst both the public and professionals, with clear referral mechanisms and pathways within each public sector organisation.
  • We want training to be mainstreamed within services, with appropriate, fit for purpose training available.
  • We need coherent and tailored support processes which recognise the trauma that victims have experienced, to facilitate victims' recovery and build victims' resilience.
  • We need to consider and clarify what the identification and support processes for the victims of slavery, servitude and forced or compulsory labour should be.
  • We want victims to be aware of the support available and trust it enough to ask for help.

What Actions Will We Take To Move Forward?

In the short term

  • The Scottish Government and partners will raise awareness amongst the general public about human trafficking and exploitation by means of a publicity campaign.
  • The Scottish Government will work with partners to consider how members of the public can report their suspicions in a straightforward way.
  • Members of the Strategy Implementation Group will lead a short-term project to develop an agreed set of materials that could be used by organisations to raise awareness amongst their workforce about human trafficking and exploitation.
  • Members of the Strategy Implementation Group will facilitate work to create processes/pathways aligned around victims' needs.
  • The Scottish Government and NHS Greater Glasgow & Clyde will offer specialist psychological assessment, formulation and therapy as appropriate (and referral to other mental health services if indicated) to all adult victims of human trafficking recovered in Scotland.
  • The Scottish Government will further develop the arrangement for support services that are victim centred and sensitive to age, gender and culture.
  • The Scottish Government will consider how victims of slavery, servitude and forced or compulsory labour should be identified and supported.
  • The Scottish Government will work with local authorities and other partners to update the current 2012 Age Assessment Practice Guidance.
  • For unaccompanied children, who do not have someone with parental rights and responsibilities for them in the UK, the Scottish Government will work with partners to build on the duties introduced in Section 11 of the Act. Ministers are under a duty to provide a guardian to children who have been trafficked and relevant authorities are under a duty to refer these children to this service. We will work together with partners to lay out directions as to how this will be implemented.
  • The Scottish Government will take forward the Child Protection Improvement Programme ( CPIP) announced in February 2016.
  • Local Child Protection Committees should ensure that there are specific and appropriate arrangements on child trafficking and exploitation in place through guidance, protocols or procedures, which are known and implemented by relevant services.
  • Local Adult Protection Committees should also ensure that their policies, training and practice meet current need with regard to human trafficking and exploitation.
  • Support agencies will take an active role in making victims aware and supporting them to claim compensation, where appropriate.
  • The Scottish Government will set up a network to provide the opportunity for local specialists to share learning and best practice.
  • The Crown Office and Procurator Fiscal Service ( COPFS) will implement the Lord Advocate's instructions under Section 8 of the Act.

In the medium term

  • Public sector organisations will establish clear referral mechanisms within their organisation for victims and incidents of human trafficking and exploitation.
  • The Scottish Government will work with partners to establish local partnerships, to help support victims' longer term and wider needs.
  • The Scottish Government and partners will create information sharing pathways and protocols that respect victims' interests and safety
  • Partners should offer appropriate and proportionate training to staff who are likely to encounter victims in the course of their work.
  • Partners should carry out appropriate, regular awareness raising for staff who may encounter victims in the course of their work.

In the longer term

  • The Scottish Government will work to develop effective partnerships across the UK and in other countries to continue support to victims returning home.
  • The Scottish Government and partners will work with victims to create effective communication channels as to where to find help and support. They will also work with victims to ensure that communications aimed at potential victims are accessible and reduce fear.

Action Area 2 - Identify Perpetrators and Disrupt Their Activity

Action Area 2 – Identify Perpetrators and Disrupt Their Activity

Action Area 2 - Identify Perpetrators and Disrupt Their Activity

What Is Already Happening?

The provisions of the Act make it simpler to take action against trafficking and exploitation and raise the maximum penalty for relevant offences to life imprisonment.

The Act also introduces new court orders - Trafficking and Exploitation Prevention Orders ( TEPO) and Trafficking and Exploitation Risk Orders ( TERO) - to disrupt trafficking and exploitation and orders for the forfeiture of certain assets in cases with a connection to trafficking.

The Lord Advocate has published instructions for Prosecutors on how victims of human trafficking and exploitation, who have been reported for a crime should be dealt with. These set out that if there is sufficient evidence that a person aged 18 or over has committed an offence and there is credible and reliable information to support the fact that the person:

(a) is a victim of human trafficking or exploitation;
(b) has been compelled to carry out the offence; and,
(c) the compulsion is directly attributable to being the victim of human trafficking or exploitation,

then there is a strong presumption against prosecution of that person for that offence.

The then Lord Advocate and the other Heads of Prosecution Services in the UK signed up to a set of Commitments in 2014. These Commitments set the standards by which Prosecutors will deal with human trafficking and exploitation cases, and how the Prosecution Services across the United Kingdom will work closely together in order to disrupt networks, prosecute perpetrators and safeguard victims' rights.

The Crown Office and Procurator Fiscal Service ( COPFS) have appointed specialist prosecutors who act as the first point of contact on these types of cases and provide a consistent and robust approach.

Police Scotland's Specialist Human Trafficking Unit ensures effective co-ordination of information and intelligence on cases of human trafficking and exploitation. Police Scotland has also worked with colleagues in other law enforcement agencies across Europe establishing Joint Investigation Teams ( JITs) to tackle cases of human trafficking and exploitation in Scotland and abroad.

What Do We Need To Improve?

  • We need to encourage all those who encounter victims to pass on information to Police Scotland in a way that protects victims' privacy and safety.
  • We need to ensure victim identification processes are fit for purpose and are trusted by victims and professionals.
  • We must improve how data is collected and analysed so that we can identify trends, inform services and develop tailored plans to tackle trafficking and exploitation.
  • We want intelligence to be shared with source/transit and destination countries where appropriate.
  • We want Police Scotland, Prosecutors and the Courts to make full use of the orders and powers available to them to disrupt activity and seize assets wherever trafficking or exploitation occurs.
  • We will consider whether awareness raising is needed for those who work in the criminal justice system and, if so, how that can be provided.
  • We want successful prosecutions to be publicised, to send the message that Scotland is a country that is hostile to human trafficking and exploitation.

What Actions Will We Take To Move Forward?

In the short term

  • The Scottish Government will take forward work in relation to the duty to notify, as set out in Section 38 of the Act, so that agencies with a duty to notify are clear on what they have to do. We will ensure that the process protects victims' human rights and that the information gained is helpful to Police Scotland in breaking the cycle of trafficking and exploitation.
  • The Scottish Government will work with agencies not directly covered by the duty in Section 38 (including UK wide agencies), to ensure that full use is made of their knowledge and expertise.
  • Police Scotland and COPFS will apply for the new court orders available (Trafficking and Exploitation Prevention Orders ( TEPO) and Trafficking and Exploitation Risk Orders ( TERO)) where appropriate to disrupt trafficking and exploitation.
  • The Scottish Government will continue to work with the Home Office on the review of the NRM process and will consider the review recommendations when published. We will also seek to facilitate accurate collection of data that can inform the development of services and processes.
  • Partners will consider how each NRM referral should also be recorded in a crime report to Police Scotland.
  • Partners will consider appropriate awareness raising for those who work in the criminal justice system, so that they have the knowledge of this kind of offending.
  • COPFS will continue to assess and develop the role of the Specialist Human Trafficking Prosecutors .
  • Partners will work together to ensure that convictions and victims' experiences are publicised in Scotland, the UK and beyond.

In the medium term

  • Police Scotland and COPFS, where appropriate, will ensure that an application for a JIT is submitted to Eurojust [6] . Successful operations to apprehend perpetrators in and with other countries will mean an effective use of resources, as well as improved learning and co-operation across countries. This will also contribute to a more robust picture of trafficking in Scotland.
  • The Scottish Government will set up a group to review how data is collected by different agencies, to ensure that data collected is useful and coherent, and to create a comprehensive picture of data collection with regard to human trafficking and exploitation in Scotland.

In the longer term

  • Police Scotland and COPFS will develop closer working relationships with organisations in source/transit countries, where appropriate.
  • The Scottish Government will aim to ensure that the benefits of cross-border co-operation between criminal justice agencies within the EU and beyond are maintained.

Action Area 3 - Address The Conditions That Foster Trafficking and Exploitation

Action Area 3 - Address The Conditions That Foster Trafficking and Exploitation

Action Area 3 - Address The Conditions That Foster Trafficking and Exploitation

What Is Already Happening?

The Scottish Government is taking a robust approach to tackling poverty and inequality within Scotland which will, in turn, help to address some of the conditions that foster trafficking and exploitation here. The approach focusses on early intervention and prevention - tackling the root causes and building people's capabilities through universal entitlements, income maximisation and promoting children's life chances.

Scotland has gone further than the rest of the UK in its procurement regulations and guidance to encourage compliance with environmental, social and employment law obligations. A breach of Part 1 of the Act is a mandatory exclusion provision for both regulated and EU procurements.

Statutory guidance under the Procurement Reform (Scotland) Act 2014 was published on 5 October 2015, providing guidance to public bodies on how to evaluate fair work practices, including the Living Wage, when selecting tenderers and awarding contracts.

Scotland's National Action Plan ( SNAP) on Human Rights includes a commitment to ensure a victim centred approach to tackling human trafficking and exploitation. This is monitored by the SNAP Justice and Safety Action Group.

Scotland's Serious and Organised Crime Strategy recognises the increase in human trafficking and exploitation as one of the threats faced by Scotland and has an action to make people more aware of the links between trafficking and exploitation and Serious Organised Crime. It also seeks to make people aware of the close links between counterfeit and smuggled goods and the misery of trafficking and exploitation, to help ensure the public do not fund such activities.

Violence against women and gender inequality make women vulnerable to trafficking and exploitation. Scotland's Equally Safe Strategy aims to prevent and eradicate violence against women and girls, creating a strong and flourishing Scotland where all individuals are equally safe and respected, and where women and girls live free from such abuse and the attitudes that help perpetuate it. It also sets out the actions that agencies will take to achieve that aim.

The Scottish Government is committed to ensuring that workers in the developing world achieve a fair price for the goods they produce. By ensuring a decent living wage, Fairtrade farmers and producers are empowered to compete in the global marketplace through direct, long-term contracts with international buyers. This market access lifts families from poverty, keeps food on the table, children in school and families on their land. By helping to challenge the unfair trading systems that keep many people in poverty, we can help ensure families are not faced with making desperate choices which can often see them, or their children, forced into slavery.

The Scottish Government's International Development Fund puts gender equality at the heart of all of its development projects, ensuring that women and girls are given the opportunity to flourish through social and business development projects such as healthcare, scholarships, women's leadership initiatives and micro-finance programs.

In 2015, Scotland became one of the first countries in the world to adopt the United Nations Sustainable Development Goals ( SDGs) [7] , which outline a number of high-level objectives for countries, including ending poverty, ensuring access to education and achieving gender equality.

The SDGs form the basis of a global partnership for sustainable development with the engagement of governments, as well as civil society, the private sector, and the United Nations system.

The First Minister announced Scotland's plans to sign up for the Goals, as well as the Scottish Government's plans for domestic implementation. Monitoring will take place through the National Performance Framework and the Scottish National Action Plan on Human Rights.

Whilst a good number of these global goals will help to address the wider factors that foster human trafficking and exploitation, there are some that specifically make reference to the issue.

Goal 5.2 aims to 'Eliminate all forms of violence against all women and girls in public and private spheres, including trafficking and sexual and other types of exploitation'.

Goal 8.7 reads- 'Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms'.

Goal 16.2 aims to 'End abuse, exploitations, trafficking and all forms of violence against and torture of children'.

What Do We Need To Improve?

  • We want people to know about the extent of trafficking and exploitation and its products and impact in Scotland.
  • We want to inform the public, encouraging them to question and reject the exploitation of other human beings and to think about how what they do and what they buy could contribute to this crime.
  • We want individuals or communities assessed as being at risk of trafficking or exploitation to get help to increase their resilience.
  • We want victims to get support and understanding from their communities.
  • We will work across the Scottish Government to seek to ensure that other strategies and initiatives take account of human trafficking and exploitation.

What Actions Will We Take To Move Forward?

In the short term

  • The Scottish Government will support UK wide activity around the "transparency in supply chains" ( TISC) duty and will develop specific guidance for businesses in Scotland around trafficking and exploitation and other human rights issues in their supply chains.
  • The Scottish Government will raise awareness to ensure that human trafficking and exploitation is reflected appropriately in policies and guidance.

In the medium term

  • The Scottish Government will consider what action is needed to ascertain how trafficking and exploitation affects Scotland to contribute to a greater understanding of its impact on Scottish society.
  • The Scottish Government and partners will develop an awareness raising programme around proactive steps the public can take to help eradicate trafficking and exploitation, encouraging them to think about how what they do and what they buy could contribute to this crime.
  • The Scottish Government will develop ways for the public to report trafficking and exploitation and highlight where it may be happening, empowering them to report their suspicions.
  • The Scottish Government will consider how to research, identify and build partnerships with communities assessed as being at risk of trafficking and exploitation, such as the homelessness sector.

In the longer term

  • The Scottish Government will work with the UK's Independent Anti-Slavery Commissioner on work in source/transit countries, to improve partnership working and the capacity to break the cycle of trafficking and exploitation. We will also work with others to tackle poverty in source countries.
  • The Scottish Government will build on existing work with diaspora communities to assess how conditions that foster trafficking and exploitation can be addressed, to improve partnership working and the capacity to break the cycle of trafficking and exploitation.

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