Irish system means some trafficking victims not identified — report

Many victims of human trafficking are not being identified and a report highlights gaps in the screening system.

The report, entitled Identifying Victims of Trafficking in Human Beings in Asylum and Forced Return Procedures: Ireland, is part of a wider EU study and was undertaken by the ESRI as part of the European Migration Network and said the Irish system relied on victims “self-identifying” as having been trafficked into the country.

Under the Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking (AIA) laws introduced in 2008, Ireland does have an initial “recovery and reflection” period of 60 days, intended to allow an alleged victim to take an “informed decision” as to whether or not to assist the authorities in relation to an investigation or prosecution in respect of alleged trafficking.

It also has a renewable, six-month “temporary residence permission” which is granted in cases where the minister is satisfied that the person has severed all relations with the alleged perpetrators of the trafficking.

But an alleged victim of trafficking has to withdraw from the asylum process if they want to avail of permission provided for under the AIA. Between 2008 and 2012, just 16 people were granted a reflection period and 22 were granted a residence permit, as victims of human trafficking under the AIA. Of this number, 15 people were offered a further longer-term residency.

Groups such as the Immigrant Council of Ireland have said the system is flawed as some alleged victims may have a fear of authority or be too traumatised to engage with the process.

According to the report, written by Corona Joyce and Emma Quinn, “no system exists for the formal identification of all victims of trafficking, irrespective of nationality and immigration status”, meaning potential victims face differences in treatment; access to protection; and assistance measures, depending on what part of the immigration system they fall under.

“Proactive screening is limited within the protection system, with reliance on self-reporting evident particularly at appeal and forced return stages,” it read, adding that victims of trafficking who are in the asylum process do not have simultaneous access to the AIA and as a result are not formally identified as (potential) victims of trafficking.

A similar report has been conducted in 23 EU member states and Norway and co-author Ms Joyce said the British system was an example of an alternative system, with a national referral mechanism and a screening programme incorporating first responders. Local authorities, social workers and police were among those who could make referrals of potential trafficking cases to the two authorities charged with reviewing cases.

Since 2009 249 cases of potential trafficking were reported to gardaí and last year there was an increase in the number of potential cases involving children. Since 2009 most cases have involved African nationals.

Victim stats

* 48 alleged victims of human trafficking reported to gardaí in 2012.

* Eight were asylum seekers.

* 57 alleged victims reported to gardaí in 2011.

* 32 asylum applicants.

* 16 people were granted a reflection period and 22 were granted a residence permit between 2008 and 2012.