Human rights approach to trafficking

Theresa May says the UK Border Agency is "not good enough" and is splitting up its functions (Report, 27 March). On 9 March the Observer reported a "'shameful' failure to tackle slavery and human trafficking in the UK" based on a study by the Centre for Social Justice. We urge the home secretary to remove the "competent authority" function entirely from whatever entity succeeds the Border Agency and to place the identification and protection of all trafficking victims within the UK Human Trafficking Centre.

The work of the National Referral Mechanism, the framework for identifying victims of human trafficking and for ensuring they receive the appropriate protection and support through "competent authorities", is currently divided, with UKHTC taking all cases where immigration status in the UK is not an issue and UKBA taking the rest. This split results in the inappropriate focus on immigration status rather than victims' safety and support needs. Analysis of the outcomes in such cases in 2009 identified that the "positive identification" rate of nationals from other EU states was 29.2%, while that of nationals from countries outside the EU was only 11.9%.

The minister has recognised the failure of the Border Agency in many areas, but she has not, thus far, touched on the confusion over trafficking which exists within the agency as a result of its failure to apply a victim-centred human rights-based approach, for which it is in any case ill equipped. In our experience this has resulted in many wrong decisions, causing additional pain and suffering.

Some Border Agency decisions show a wholesale failure to understand the complex nature of the trafficking experience resulting in flawed identification processes, of decisions to place trafficking victims in detention, and of decisions which have jeopardised the prosecution of traffickers. The home secretary has given herself a golden opportunity to change this.

(2013-04-03/guardian)