Preventing Human Trafficking and Sham Marriages: A Multidisciplinary Solution Riga 5 th February

1. Preventing Human Trafficking and Sham Marriages: A Multidisciplinary Solution Riga 5th February HéileanRosenstock-Armie Anti–Trafficking Coordinator Immigrant Council of Ireland

2. ICI Work in Anti-Trafficking Purpose:ensure appropriate responses to the needs of vulnerable migrants  provision of specialist support to migrant women and girls trafficked to Ireland for the purposes of sexual exploitation Support to women subjected to sexual exploitation within the sex industry • In 2014 19 clients of the Independent Law Centre received legal representation of which 17 were VoT and two were migrants in prostitution. All of the VoT were trafficked for sexual exploitation and one for sham marriage and sexual exploitation.

3. Statistics

4. Statistics Department of Justice • 44 victims in 2013. • 29 for sexual exploitation • 8 for labour exploitation • 1 for labour and sexual exploitation • 3 for other exploitation • 3 uncategorised • 33 female and 11 male • 28 adults 16 minors • Sham marriage was an element in one investigation

5. ICI Principles • protection of the rights and safety of victims of trafficking for sexual exploitation (VoT) • adherence to human rights standards and international commitments • protection of the dignity, integrity, privacy, and identity of VoT throughout the process of assistance and support • consideration of sex trafficking, and other forms of sexual commercial exploitation, as forms of violence against women • recognition of racism as inherent in trafficking in migrant women and the exploitation of migrant women • demand reduction as a way forward

6. Principles continued • Client Centred • Human Rights Based Approach • Trauma Informed Attitude • Partnerships • Frontloading • Holistic support • Tenacity

7. Relevant Laws • EU Directive 2011/36/EU to combat and prevent human trafficking and protect its victims • UN Palermo Protocol • Council of Europe Convention on Action against Trafficking in Human Beings • Criminal Law (Human Trafficking) Act 2008, as amended 2014 • Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking (IRP Bill in future) Non-Statutory and thus difficult to challenge

8. ICI Assistance An Enhanced Legal Service Administrative Immigration Arrangements Application for R&R 60 days Applications for Temporary Residence Permission Applications for Change of Status under Article 21 of AIA Application for FR with child at risk Application for LTR Applications for asylum and R&R to run concurrent Other Assistance under General Immigration Law Application under Zambrano Application for travel document EU Treaty Rights Compensation case Non-Punishment case Habitual Residence Condition (victim of sham marriage)

9. HRC Condition • Introduced in 2004 prior to EU enlargement to make it difficult to access social welfare • AIA in Ireland precludes EU nationals as they have permission to be in the country • Disadvantaged by the fact of their nationality • Can’t access social welfare for accommodation as a VoT. Accommodated in centres for asylum seekers • ICI lobbies for a change in policy where VoT are exempt from the HRC condition

10. ICI Recent Campaign • Tinder Advert

11. Campaigns Upholding Rights! Early Legal Intervention For victims of human trafficking Transnational project on reduction in demand for the sexual services of victims of trafficking.

12. Thanks Thank You Héilean Rosenstock-Armie Anti-Trafficking Coordinator heilean@immigrantcouncil.ie