Escort

Trafficking in Women and Children

The trafficking of human beings has been identified as a contemporary form of slavery¹. Human trafficking is a global phenomenon and affects virtually every country in the world whether as countries of origin, of transit or of destination. In a global context it is estimated that anywhere between 700,000 and 4,000,000 women and children are moved across international borders each year². The profits to be made are similar to those in the illegal drugs and arms trade. The International Organisation of Migration (IOM) estimates that trafficking in humans is worth $8billion annually. Ireland is not immune to international trends and should be pro-active in addressing the relatively new phenomenon in Ireland.

The Irish Context

Investigation

In Ireland neither the Illegal Immigrants (Trafficking Act) 2000 nor the Child Trafficking and Pornography Act 1998 has ever resulted in a successful prosecution for the crime of trafficking, though individuals have been arrested and charged. This is in contrast to other countries which have had successful prosecutions. There were approximately 7,000 prosecutions in some 20 countries and 3,000 convictions. Unfortunately many countries, including Ireland, do not have strong legislation to allow for successful convictions.3

Protection

In recognising the need to protect victims of trafficking, Italy led Europe in 2004. 1,940 victims, including 118 children, received assistance in social programmes³. In Ireland protection of victims is ad hoc, sometimes offered by NGOs. The Garda National Immigration Bureau also assists on a case by case basis. There is, however, no coordinated multi-agency response to assist victims of trafficking.

Immigration Status

Following the death of a young trafficking victim in a detention centre in Australia in 2003, the Australian government introduced an automatic humanitarian visa system enabling victims to remain, on a temporary or permanent basis depending on individual circumstances⁴.

In the UK and Ireland, victims of trafficking are subject to deportation. Currently in Ireland the granting of ‘humanitarian leave to remain’ is at the discretion of the Minister for Justice, Equality and Law Reform. While UNHCR has recently launched guidelines highlighting the fact that trafficking amounts to persecution⁵, few victims of trafficking in Ireland have been able to access the asylum system. We cannot gauge how many victims of trafficking, if any, have been successful in their asylum claims to date in Ireland.

UNICEF guidelines for child victims emphasise that the often blurred distinction between “coercion” as per the trafficking definition and being a “willing participant” cannot be applied to a child. They emphasise that the best interests of the child are paramount and that immigration issues should be secondary. They also call for an immediate granting of humanitarian visas for child victims⁶.

States that follow best practice such as those that have signed the Council of Europe Convention offer automatic reflection periods/humanitarian visas and thus an avenue for residence for victims as an exit from traffickers.

International Obligations

Ireland has signed but has not ratified the UN Trafficking Protocol which was opened for signature in 2000 and which urges states “to protect and assist victims of trafficking, with full respect for their human rights”⁷. Nor has it ratified the UN Optional Protocol to the Convention on the Rights of the Child. The IRC believes that Ireland should sign and ratify the Council of Europe Convention on Action against Trafficking⁸. While Ireland has not even signed the convention, ratifying it would ensure an obligation by the State to address the issues in relation to trafficking.

"As recognised in this new Convention, trafficking is a violation of human rights and an offence to human dignity and integrity. The Convention requires those states which become parties to take measures, individually and collectively, to prevent trafficking, to prosecute those responsible for trafficking and to take specific measures to protect and respect the rights of trafficked persons", Amnesty International.