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Publication - Publication

Human trafficking and exploitation strategy

Published: 30 May 2017
Part of:
Law and order
ISBN:
9781786529619

Scottish Government's strategy to work with partners to make Scotland a more hostile place for human trafficking.

44 page PDF

851.3kB

44 page PDF

851.3kB

Contents
Human trafficking and exploitation strategy
Section 3: Vision, Action Areas and Making Progress Towards our Outcomes

44 page PDF

851.3kB

Section 3: Vision, Action Areas and Making Progress Towards our Outcomes

Vision

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

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; and,
  • Address the conditions, both local and global, that foster trafficking and exploitation.

Each of these Action Areas leads to general and then specific outcomes.

The table below sets out the relationship between the vision, action area and outcomes.

Making progress

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

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

The following sections set this out.

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

Vision, Action Areas and Outcomes

Eliminate human trafficking and exploitation

Identify victims and support them to safety and recovery

  • People who encounter victims understand signs, know what to do and have access to specialist advice and support
  • Coherent person/child centred support process that enables victims to build resilience and recover from effects of trauma
  • Victims are aware of support and trust it enough to ask for help

Identify perpetrators and disrupt their activity

  • All reports of trafficking or exploitation will be appropriately recorded as a crime and investigated
  • Intelligence shared between Police Scotland/other local and international partners as appropiate
  • Police, prosecutors and courts use all powers and take robust action as appropriate

Address conditions that foster trafficking and exploitation

  • People know about the extent of trafficking and exploitation in Scotland
  • People and businesses are aware of how what they do and buy can contribute to this crime
  • People at most risk get help to increase their resilience against trafficking and exploitation

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

Identify victims and support them to safety and recovery

People who encounter victims understand signs, know what to do and have access to specialist advice and support

  • Awareness raising for the public
  • Awareness raising for staff in the NHS, local authorities and other organisations as needed
  • Organisations to develop and publicise clear actions and pathways to follow when possible victim is identified
  • Organisations to work together so that processes align and are built around victims' needs

Coherent person/child centred support process that enables victims to recover and build resilience

  • Appropriate specialist support available for all victims that is sensitive to age, gender and culture
  • Regularly consult with victims about what barriers they face and what they need and what will help them to move forward
  • Form links with third sector/agencies in UK and in source countries to continue support to victims going home
  • Support agencies to build strong links with wider services so that victims' longer term needs are addressed

Victims are aware of support and trust it enough to ask for help

  • Create new communications channels where victims may find out about help and access it
  • Communications aimed at victims are accessible and reduce fear
  • Identify how to share information responsibly among agencies respecting victims interests and safety
  • Raise awareness among all agencies about victim profiles and presumption against prosecution

What is already happening?

The Scottish Government funds specialist support for all adult victims of human trafficking (the offence under section 1 of the Act) who are recovered anywhere in Scotland. In 2017, this is 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. They work with local authorities and other bodies such as the NHS that have relevant duties towards victims of trafficking, to provide support.

The Scottish Government also funds specialist psychological trauma support to adult victims of human trafficking. From 2017-2019 this will be provided by the Anchor Centre.

At the moment, these arrangements do not cover victims of an offence under section 4 of the Act (slavery, servitude and forced or compulsory labour). This is an issue that will be considered further.

All victims of crime in Scotland have rights as set out in the Victims' Code for Scotland. A number of organisations provide support to victims including Victim Support Scotland who provide emotional support, practical help and information.

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

The Adult Support and Protection (Scotland) Act 2007 may therefore 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.

Other legislation may also be relevant in providing ongoing support, for example the Mental Health (Care and Treatment) (Scotland) Act 2003, or the Adults with Incapacity (Scotland) Act 2000.

All support is provided with the aim of helping victims to begin to rebuild their lives and move on to the next stage of their recovery.

All child victims of trafficking or exploitation will be provided with support and protection through Scotland's child protection system. The responsibility for coordinating services for child victims of human trafficking and exploitation lies primarily with the relevant local authority. In addition, child victims who do not have anyone in the UK with parental rights and responsibilities for them will be assisted by an Independent Child Trafficking Guardian. This is intended to complement the role and responsibilities of the existing statutory services. Section 4 of this document sets out further detail regarding specific issues relating to child victims.

Pursuant to section 8 of the 2015 Act, the Lord Advocate has published Instructions for Prosecutors when Considering the Prosecution of Victims of Human Trafficking and Exploitation. 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. Greater awareness of these instructions could encourage victims to come forward.

For people under 18 different considerations apply. These are discussed in more detail in Section 4.

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. Victims have told us that first encounters are crucial and can help or hinder their movement towards recovery.
  • We need to make clear that support is available through a number of organisations for all adult victims of trafficking recovered in Scotland.
  • We need to raise awareness amongst both the public and professionals about the existence of trafficking and exploitation in Scotland.
  • We need to ensure the victim identification processes in the NRM are fit for purpose and are understood and trusted by victims and others. We want victims to be aware of the support available and trust it enough to ask for help.
  • 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 to reduce the likelihood of retrafficking.
  • 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.

What actions will we take?

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. Victims will be involved in the development of this 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 with clear referral mechanisms and pathways developed within each public sector organisation.
  • The Scottish Government and partners will work with non-public sector organisations to alert them to the likelihood that they may encounter victims in the course of their work.
  • The Scottish Government will publicise the support available during the relevant support period through different organisations to all victims of human trafficking recovered in Scotland and entered into the NRM process.
  • The Scottish Government will continue to work with the Home Office on the review of the NRM process (including as that affects children) and will consider the review recommendations when published.
  • First responders who make referrals to the NRM will establish systems to ensure that victims are fully aware of the process and its implications.
  • The Scottish Government and NHS Greater Glasgow & Clyde will, through the Anchor Centre, continue to 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 continue to develop and refine arrangements 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.
  • Local public protection committees and partnerships, including those for adult and child protection and violence against women, 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 Scottish Government will continue to work closely as appropriate with the Independent Anti-Slavery Commissioner on issues that will help to identify victims and support them to safety and recovery.

In the medium term

  • Organisations who may encounter victims in the course of their work will establish clear referral mechanisms within their organisation for victims and incidents of human trafficking and exploitation.
  • Local partnerships will be established or built on to help support victims' longer term and wider needs.
  • The Strategy Implementation Group and others will create information sharing pathways and protocols that respect victims' interests and safety.
  • Organisations should offer appropriate and proportionate training to staff who are likely to encounter victims in the course of their work.
  • Organisations 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 and other relevant statutory and support organisations will work to develop effective partnerships across the UK and in other countries to continue support to adult victims returning home.
  • The Scottish Government will work with others to create effective communication channels so that victims know where to find help and support. They will ensure that victims' views are reflected to ensure that communications aimed at potential victims are accessible and reduce fear.

illustration - Safety & Consultation Day

Action Area 2 - Identify Perpetrators and Disrupt Their Activity

Identify Perpetrators and disrupt their activity

Public bodies and others carry out duty to notify obligations

  • Relevant public bodies will notify police under duty to notify
  • Voluntary organisations, agencies and the general public buy into benefits of reporting
  • All reports of trafficking or exploitation will be appropriately recorded as a crime and investigated
  • Data is properly collated and analysed to detect trends

Intelligence is shared so that local areas and/or other countries are aware of patterns

  • Agreements with UK Government, IASC and with enforcement agencies in source countries to share information as appropriate
  • Build expertise about trafficking routes through closer working relationships
  • Support prosecutions in other countries where appropriate
  • Use information from within and outwith Scotland to develop profiles and tailored plans to tackle trafficking

Police, Prosecutors and courts use all powers and take robust action as appropriate

  • Learn from other areas of expertise such as a domestic abuse
  • Police, prosecutors and court use prevention and risk orders and seize assets to disrupt trafficking and exploitation as appropriate
  • Awareness raising for those involved in the criminal justice system
  • Convictions and victims' experiences are publicised in the UK and beyond, whilst ensuring safety of victims

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.

As set out above, the Act introduces new court orders TEPOs and TEROs to disrupt trafficking and exploitation and also provides for the forfeiture of certain assets in cases with a connection to trafficking.

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.

The then Lord Advocate and the other heads of prosecution services in the UK signed up to a set of commitments in 2016. 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.

COPFS has appointed specialist prosecutors who act as the single point of contact on these types of cases and provide a consistent and robust approach.

In addition, the Victim Information and Advice Service ( VIA), part of COPFS, and the court based Witness Service, part of Victim Support Scotland, are available to support victims and witnesses during the prosecution process. Alleged victims of human trafficking are automatically entitled to use standard special measures to support them in giving evidence and further special measures are available on application to the court.

Scotland's Serious Organised Crime Strategy recognises that human trafficking, and exploitation, occurs throughout Scotland and is not confined to our major cities. In taking forward implementation of the Serious Organised Crime Strategy detailed action plans will be prepared under its four strands: Divert, Deter, Detect and Disrupt, identifying key priority activities to secure the outcomes set out. One of the key outcomes under the Disrupt Strand is improved sharing of intelligence and information across relevant organisations including local authorities, regulators and UK and international law enforcement agencies.

The Scottish Government published Scotland's Place in Europe in December 2016. This makes clear that it will be important to ensure continuing participation in law enforcement, criminal law and civil law measures, including Europol and Eurojust [3] , including with regard to human trafficking cases.

The Independent Anti-Slavery Commissioner is engaging with Police Scotland to explore the feasibility of allowing partner law enforcement agencies to second officials to Police Scotland, to enhance the response to transnational human trafficking and engaging with them on data collection.

What do we need to improve?

  • We need to develop systems to support the duty to notify the police under section 38 of the Act while protecting victims' privacy and safety.
  • We want to consider how local authorities and others can use the powers already available to them - for example environmental health, licensing of houses of multiple occupation ( HMOs) - to identify perpetrators and disrupt their activity.
  • 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 between local partners in Scotland and with other countries where appropriate, so that patterns of trafficking can be identified and appropriate solutions put in place.
  • Police Scotland, prosecutors and the courts will, where appropriate, 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 actions 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?

In the short term

  • The Scottish Government will take forward work in relation to the duty to notify, ensuring those with a duty are clear on what they have to do. We will ensure that process protects victims' human rights and that the information gained is helpful in breaking the cycle of trafficking and exploitation.
  • The Scottish Government will work with agencies not directly covered by the duty to notify (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 seek to facilitate accurate collection and sharing of data that can inform the development of local services and processes.
  • Police Scotland will appropriately record and investigate all reports of trafficking or exploitation as a crime.
  • Appropriate awareness raising will be considered 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 as appropriate.
  • The Scottish Government and partners will work together to ensure that convictions and victims' experiences are publicised in Scotland, the UK and beyond, while ensuring that this publicity does not compromise the safety of victims or their families.

In the medium term

  • Police Scotland and COPFS, where it is appropriate and possible, will ensure that an application for a JIT is submitted to Eurojust. 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 as set out in Scotland's Place in Europe.

illustration - identify perpetrators and disrupt their activity

Action Area 3 - Address the Conditions that Foster Trafficking and Exploitation

Address conditions, local and global, that foster trafficking

People know about the extent of trafficking in Scotland

  • Public awareness raising campaign encouraging people to take active role to help eradicate trafficking
  • Research and investigation into how trafficking affects Scotland
  • Consider how to highlight the different forms of trafficking that exist in Scotland and the effect on the victims
  • Promote easy and multi-media methods for public to report trafficking suspicions

People and businesses are aware of how what they do and buy can contribute to this crime

  • Opinion formers/leaders/groups across Scotland reject trafficking and the activities it supports
  • Provide guidance to businesses about how they can eradicate links to trafficking in supply chains
  • Support UK wide activity resulting from Transparency In Supply Chains ( TISC) duty and publicise who is reporting in Scotland
  • Change culture by encouraging people to make positive choices against trafficking in what they do and buy

People at most risk get help to increase their resilience against trafficking

  • Targeted efforts to raise potential victims' awareness of tactics, techniques and risks
  • Work with partners to support efforts to stop trafficking happening in first place including tackling poverty and inequality
  • Work with communities to address reasons victims might not come forward
  • Make sure that trafficking is considered within strategies and initiatives to increase equality

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 Fairer Scotland Action Plan published in October 2016 makes a clear commitment to take long-term action to change Scottish society and make it a fairer and more equal place to live.

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. It explicitly includes commercial sexual exploitation and trafficking within its definition of violence against women and girls.

The Scottish Government will continue to support measures that can help reduce the harm caused by prostitution and encourage the enforcement of existing laws against those who seek to exploit others through prostitution.

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 adopted the United Nations Sustainable Development Goals ( SDGs), [4] which outline a number of high-level objectives for countries, including ending poverty, ensuring access to education and achieving gender equality. Monitoring of progress 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'.

Scotland's Serious Organised Crime Strategy 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.

The Scottish Government's National Missing Persons Framework for Scotland seeks to prevent and reduce harm related to people going missing through partnership and multi-agency working. It will provide a national focus for consistent good practice and focus on prevention through areas such as appropriate information, return home interviews and prevention planning for vulnerable individuals.

For both regulated procurements (£50,000 up to EU thresholds) and EU procurements (above the EU thresholds), a breach of Part 1 of the Act is a mandatory exclusion provision. By applying exclusion grounds to lower value contracts Scotland has gone further than the rest of the UK in its procurement regulations. Scottish procurement regulations also place a statutory obligation on public bodies to include relevant clauses in their contracts to ensure those they contract with comply with environmental, social and employment law obligations. Supporting guidance has been issued to public bodies, which includes contract conditions that bodies can adapt for use in their contracts.

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.

The Scottish Government is committed to ensuring that workers in the developing world achieve a fair price for the goods they produce. By encouraging a decent living wage farmers and producers are empowered to compete in the global marketplace through direct, long-term contracts with international buyers. By helping to challenge the unfair trading systems that keep many people in poverty, we can help stop people being made vulnerable to trafficking or exploitation.

What do we need to improve?

  • We need to tackle the causes of poverty and inequality, including gender inequality, in Scotland to address the vulnerability of people to being trafficked and exploited.
  • We want people to know about the extent of trafficking and exploitation and its impact in Scotland.
  • We want to inform the public, encouraging them to question and reject the exploitation of other human beings.
  • We want the public to be aware that what they buy and from whom they buy it 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 to consider how tailored prevention efforts could be used with communities assessed as being at risk of human trafficking.
  • We want victims to get support and understanding from the wider community.
  • We want to 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?

In the short term

  • The Scottish Government will take forward the key actions in the Fairer Scotland Action Plan.
  • The Scottish Government will consult on a Delivery Plan for Equally Safe with work streams focusing on Primary Prevention, Capacity and Capability, Justice and Accountability.
  • The Serious Organised Crime Strategy will address issues such as trafficking and exploitation that blight communities by working with schools, the third sector and other partners to raise awareness of the links with serious organised crime. Key partners on the Serious Organised Crime Taskforce such as Police Scotland will also work collaboratively and share information that will help detect, prosecute and disrupt those seeking to benefit from human trafficking and exploitation.
  • 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.

illustration - address the conditions, locally and globally that foster/promote/encourage trafficking

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 buy and who they buy it from could contribute to this crime.
  • The Scottish Government will identify 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 and to develop targeted prevention initiatives.

In the longer term

  • The Scottish Government will work with the UK's Independent Anti-Slavery Commissioner and others 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 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.

Contact

Email: Anncris Roberts

Phone: 0300 244 4000 – Central Enquiry Unit

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG