What is Human Trafficking?

The UN defined human trafficking in the Palermo Protocol as the ‘recruitment, transportation, transfer, harbouring or receipt of persons by means of threat, or use of force, coercion or deception…to achieve the consent of a person having control over another person, for the purpose of exploitation’ . According to this definition, trafficking includes sexual exploitation, forced and bonded labour, domestic servitude, any form of slavery and removal of organs.

Human Trafficking =  Act + Means + Purpose

All 3 components must be present for an adult to be considered trafficked. However, as regards children, the ‘means’ component is not required as they are not able to give consent

What is Modern Slavery?

The Home Office has described modern slavery as “a serious and brutal crime in which people are treated as commodities and exploited for criminal gain. The true extent of modern slavery in the UK, and indeed globally, is unknown".

The Modern Slavery Act 2015 encompasses human trafficking as well as slavery, servitude and forced or compulsory labour

“Traffickers and slave masters use whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment.” HM Government

Modern Slavery = Means + Purpose

It does not necessarily include the ‘Act’ element of the human trafficking process 

In practice, the terms modern slavery and human trafficking are often used interchangeably

Trafficking in the uk

In 2022, 16,938 potential victims were referred into the National Referral Mechanism to be identified as survivors of trafficking and to receive support.

In reality, the extent of human trafficking in the UK is likely to be far greater than the NRM statistics would suggest. The Home Office has estimated in its Modern Slavery Strategy that there may be as many as 13,000 people held in slavery in the UK, while the Walk Free Foundation’s Global Slavery Index estimates 136,000 people on any given day.

Exploitation in the UK takes a variety of forms, but most commonly forced labour, sexual exploitation, domestic servitude, and forced criminal activity.

A full breakdown of the NRM statistics can be found here.

Consent is irrelevant to exploitation: The Palermo Protocol and Home Office guidance both make clear that a person cannot consent to their own exploitation: “An individual’s consent to the conduct alleged to amount to slavery servitude or forced or compulsory labour does not prevent the offence being committed.”

Exploitation need not have taken place yet to constitute slavery or human trafficking: Home Office guidance states that: “Under the Convention, a person is a ‘victim’ even if they haven’t been exploited yet…it is the purpose which is key, rather than whether or not exploitation has actually occurred...victims may have experienced serious trauma in their home country or on the way to the UK and may still be in need of support.”

The crime of slavery overrides any illegal immigration or other minor offences: Rt Hon Karen Bradley MP, former modern slavery Minister: “The intent of the offence of illegal working is clear; it is not aimed at the victims of modern slavery.” The person exploiting an individual should be the focus of the primary law enforcement effort, while victims of slavery should be treated as victims rather than perpetrators of crime.  An accusation of theft or illegal migration should not take precedence.

Victims of slavery often do not fit a stereotype: Victims of human trafficking can come from a variety of backgrounds including being well educated and from wealthy families. Adult men and boys can be victims of trafficking in similar types of exploitation to women and girls, and many victims of slavery come from the UK as well as abroad.  Traffickers may also not fit an expected profile and may appear to be outwardly respectable and likeable people.

People rarely self-identify as victim of trafficking/slavery or easily reveal their experiences: Victims may not self-identify as a victim of trafficking for a variety of reasons, including but not limited to: fear of reprisals from their exploiters; the impact of trauma on their ability to recall and disclose their experiences; stigma; and an unwillingness to consider them self as a 'victim'. They are also unlikely to be familiar with terms such as trafficking or modern slavery. 

Not all migrants working illegally are trafficked: While not all victims will identify as victims of trafficking it is important to also recognise that not all migrants working in the UK, for example, for less than the minimum wage or in an illegal activity have been trafficked. 

Smuggling is not trafficking: Frontline staff must also avoid confusing human trafficking with human smuggling. In smuggling  cases, asylum seekers and immigrants pay people to help them enter the country illegally. This is a crime against the state rather than a crime against an individual. Smugglers provide an (illegal) service rather than treating a person as a commodity. It is also short-term rather long term with a one off payment rather than ongoing appropriation.

However it is important to note that trafficking victims may start out believing that they are being smuggled, and be free on arrival but end up in a potentially exploitative situation, where they are forced to work to pay off their ‘debts’, which may be  increased over time to retain control over them.