Trafficking in persons
“shall mean the recruitment, transportation, transfer, harbouring or
receipt of persons, by means of the threat or use of force or other forms of
coercion, of abduction, of fraud, of deception, of the abuse of power or of a
position of vulnerability or of the giving or receiving of payments or benefits
to achieve the consent of a person having control over another person, for the
purpose of exploitation. Exploitation shall include, at a minimum, the
exploitation of the prostitution of others or other forms of sexual
exploitation, forced labour or services, slavery or practices similar to
slavery, servitude or the removal of organs… The consent of a victim of
trafficking in persons to the intended exploitation set forth [above] shall be
irrelevant where any of the means set forth [above] have been used” (UN Palermo
Convention, Protocol II, 2000)
In 2000, recognising the growing need “to answer a global
challenge with a global response” (Palermo Convention, p.5) the UN Convention
against Transnational Organized Crime (also known as the Palermo Convention)
was signed in 2000 by 117 countries. An additional protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children was
included. In it Kofi Annan described trafficking as “one of the most egregious
violations of human rights that the United Nations now confronts” and that “the
fate of these most vulnerable people in our world is an affront to human
dignity and a challenge to every State, every people and every community”
(Palermo Convention, p.6). However, the challenge has yet to be met properly.
The UK ratified both the convention and protocol in 2006. However, six years on
trafficking remains a growing issue across the UK including Northern Ireland.
Detective Superintendant Philip Marshall of the PSNI has
described trafficking as producing a “high yield for the exploiters who are
involved in this kind of criminality, it is high yield for the pain and
suffering it causes its victims”. Marshall has noted that of the 75 people
identified as having been trafficked since April 2009, 69% of these were women
being exploited for “rape for profit”. The perpetrators of these crimes are not
differentiated by social or ethnic background, nor are these crimes localised
in urban areas. Women’s Aid (tasked, along with Migrant Helpline, by the NIO in 2009 with providing services to the victims of trafficking in Northern Ireland) has described the 41 trafficked women they have
dealt with since 2009 as “just the tip of the iceberg”. A point backed up by
the Anti-Trafficking Monitoring Report group who believe that referrals of
people identified as being trafficked does not give a true reflection of the
numbers being trafficked – due to the nature of the crime and the fear of the
victims of being criminalised and/or further victimised by their traffickers. (2010,10)
A report commissioned in 2009 by the NI Human Rights
Commission noted that there has been slow recognition of the problem here. A
significant issue in terms of combating trafficking in Northern Ireland is its
apparent invisibility. Furthermore, while people are becoming aware of the
sexual exploitation of trafficked women and men, the other aspects of trafficking
people for forced labour continue to remain under the radar. These include people working in
some of Northern Ireland’s main industries, including fishing, agricultural and
catering (Jarman, 2011). However, the veiled character of trafficking is
lifting, awareness is growing and as a society we are incumbent to not look
away. The SDLP’s Conall McDevitt speaking on the subject drew attention to our
complicity in the problem by ignoring the use of “modern day slave labour” in
Northern Ireland saying: “It is critically important that we as a society, as a
region, that we understand that we are allowing slavery to continue under our
noses if we do not wake up to the reality of trafficking today”.
Responsibility also lies with those in government to ensure
that the Palermo protocol is enacted. The Special Rapporteur on trafficking
emphasised, in a 2011 report, the obligation that signatories to the convention
have to trafficking victims, “Trafficked persons must be recognized as holders
of rights from the moment when they are identified as trafficked and States
should implement measures to facilitate their realization of these rights”. A
significant issue faced by those trying to combat trafficking in Northern
Ireland is the fear that permeates its victims and ensures that they remain
silent. As a result many trafficked men and women will not identify as being
trafficked because they fear they will not receive the protection and support
they are due.
Yesterday, March 21st the South Tyrone Empowerment
Group (STEP) held a conference in Dungannon on trafficking (Human Trafficking
in Northern Ireland: Avenues to support and potential for protection). A panel
of experts from those working on the coal face with trafficking victims in
Northern Ireland painted a bleak picture of sexual exploitation, domestic
servitude and forced labour. The two key elements that arose from this event
were a) that this is a greater problem than available statistics suggests, and
b) there needs to be more funding made available to tackle this problem to
ensure that specialised training is provided for those dealing with victims of
trafficking. Until the correct provisions under international law are provided
for these victims their exploiters will continue to produce a high yield profit
untouched. As long as the wider public continues to provide the demand for
sexual and labour exploitation then the suffering will continue. In not opening
our eyes to the reality of trafficking in persons here in Northern Ireland we
are all complicit.