3071-The political economy of new slavery

David Ould 71
to help. We think that adopting a framework decision to standardize
the definition of an offence and to standardize penalties, without simultaneously
agreeing minimum standards for protection and assistance is,
at best, a lost opportunity and at worst serious negligence. Cynics
suggest that the main reason for this approach is that EU government
ministers concerned with immigration issues will not accept any extra
obligations to allow non-EU nationals to remain in their countries or
to provide them with protection. Clearly the idea that government
ministers within the EU might actually want to stop anyone from
exercising their basic human rights seems unlikely – and certainly
unacceptable.
In considering the rights which victims of trafficking and other forms
of slavery have under international law, Anti-Slavery International and
others have identified dozens of measures that states have an obligation
to take to protect and assist the victims. These can be summarized as
follows:
• First, everyone suspected of having been trafficked must have an
opportunity for temporary residence, without immediate deportation.
This should include a period to recover from their ordeal in
which the person concerned can decide whether they want to make
a statement to the police or otherwise participate in proceedings
against their trafficker. These reflection periods already exist in the
Netherlands and Belgium.
• Second, victims of slavery and trafficking have a right to basic
services during their temporary residence, such as appropriate
housing, psychological counselling, information, medical assistance
and so on. Preferably this should be offered by a specialized agency
established for the purpose, probably as an NGO, and we are calling
for some government support for the establishment of such an
organization in the UK. Such groups have already been established
elsewhere in the European Union and there is information about this
in Chapter 4 in this volume with regard to Belgium.
• Third, they and their families at home must be protected from
intimidation, threats or reprisals. Such protection must clearly not be
linked to any decision on whether to co-operate with the authorities.
If there is a real fear of re-trafficking or violence then the person
should be granted exceptional or indefinite leave to remain.
• Fourth, they must have the right and opportunity to bring civil
claims for compensation against the person or people who trafficked
them.