As the Illegal Migration Bill enters the House of Lords for further debate, independent experts from the publicly funded Modern Slavery and Human Rights Policy and Evidence Centre (Modern Slavery PEC) have expressed concerns over the potential harm both the Bill and recent amendments mean for people in the UK who have experienced modern slavery.
The Modern Slavery PEC has provided evidence for parliamentarians by way of legal analysis and an Explainer that set out concerns about the Bill’s measures for the safety and protection of potentially thousands of modern slavery victims. The expert analysis further finds the UK Government’s rationale that the Bill is necessary due to ‘abuse’ of the modern slavery support system is not backed up by available evidence and concludes that the Bill is not compatible with the UK’s international obligations.
Concerningly, the recent amendments to the Bill would deny protection to even more people who have been trafficked. For example, a government amendment introduces an assumption that people who are victims of modern slavery do not need to be in the country to help authorities prosecute their trafficker, and therefore are liable for deportation. This lack of support is likely to deter people from continuing their engagement with the criminal justice system and will likely lead to fewer traffickers being prosecuted.
Murray Hunt, Director of the Modern Slavery PEC said:
“Denying protection to people who there are reasonable grounds to believe have been trafficked, based solely on how they entered the country, will undermine one of the central purposes of the UK’s system created to protect people from modern slavery.
“It will affect potentially thousands of people who experienced modern slavery, providing traffickers with a powerful argument to control those they exploit, as people will not want to leave their traffickers if they know they’ll receive no protection.”
“Denying protection to people who there are reasonable grounds to believe have been trafficked, based solely on how they entered the country, will undermine one of the central purposes of the UK’s system created to protect people from modern slavery."
Murray Hunt, Director of the Modern Slavery PEC
An expert with lived experience of modern slavery, who has worked with the Centre on the Explainer but doesn’t wish to be identified, said:
“From personal experience, it’s scary to know that people across the world are increasingly in more unstable conditions, which drive vulnerability to exploitation. Very often, what starts as a false promise of a better life, often turns into human trafficking as people land trapped by criminals.
“It’s even more scary to think about the devastating consequences for potentially thousands of people the proposed Bill would have.
“By limiting the ability to report traffickers and access support, the Bill is handing more power, access, and control over us to our abusers. Is it so much to ask for a fair chance for justice? As a survivor, why would I come forward to be identified only to endure further losses to my rights and freedoms?”
“By limiting the ability to report traffickers and access support, the Bill is handing more power, access, and control over us to our abusers. Is it so much to ask for a fair chance for justice? As a survivor, why would I come forward to be identified only to endure further losses to my rights and freedoms?”
An expert with lived experience of modern slavery
The Modern Slavery PEC has also published a legal analysis, which concluded that the Bill would be incompatible with the UK’s international obligations.
Its author, Dr Marija Jovanovic from the University of Essex said:
“The UK’s international obligations when it comes to modern slavery have one principle at heart: to protect people from being abused and exploited.
“The right not to be held in slavey or servitude in Article 4 of ECHR is one of the ‘absolute’ rights in the Convention, which cannot be derogated from, even in times of emergency.”
The Modern Slavery PEC will continue to update both the independent legal analysis and Explainer on what the Bill means for modern slavery identification, support and protection as the debate continues and new evidence emerges.
“The right not to be held in slavey or servitude in Article 4 of ECHR is one of the ‘absolute’ rights in the Convention, which cannot be derogated from, even in times of emergency.”
Dr Marija Jovanovic from the University of Essex
