Why the proposed Asylum and Returns Policy would devastate Modern Slavery Survivors
The atmosphere in the office these last few days is very similar to how it felt during the time the Illegal Migration Bill was being floated during the last government. Sadness, frustration and anger on behalf of our clients who face so many barriers already to being believed and protected.
As a charity we provide services to survivors of modern slavery; wherever they come from, and whatever their experiences of exploitation. The vast majority of our clients are third-country nationals who would be affected profoundly by these changes from both a modern slavery and immigration perspective.
I am concerned that anecdotal cases of abuse in the system, rather than a firm rooting in evidence and data, are being taken as widespread; justifying a punitive approach to pacify those who are calling for even more extreme changes.
Migration is such a hot button issue in the UK at the moment, and with UKIP taking to the streets of Sheffield on the 8th of November, the feeling that migrants aren’t welcome is terrifying for our clients.
Our clients are not unaware of public sentiment, wider immigration changes, how it affects them and their recovery. It was a topic of conversation at Tuesday’s Toddler Group; fear on parents’ faces as they try to figure out how the changes will affect them and their families' rights to be protected, their ability to recover from their experiences and claim sanctuary in the UK.
While proposed changes that are specific to modern slavery legislation are vague and yet to be fleshed out, I think it’s important to highlight some basic ways the proposals would affect survivors of modern slavery. For a more comprehensive understanding of the proposed changes, I would highly recommend Free Movement’s article and explainer.
Disclosure of modern slavery experience
The proposed changes to the modern slavery statutory guidance would mean that late disclosure would negatively affect the credibility of an individual’s claim- meaning they are less likely to be believed and safeguarded as victims of crime.
There are many reasons that a survivor of modern slavery might not be in a position to disclose what has happened to them at the “earliest possible” moment, not least of these the impact traumatic experiences have on processing, remembering and recalling events. The government’s current Modern Slavery statutory guidance recognises the impact of trauma on disclosures. Additionally, victims can be unaware that what happened to them was modern slavery or what is relevant to disclose.
Family reunion and modern slavery
Changes to the right to family reunion will be devastating to survivors of modern slavery. Many of our clients were brought to the UK for the purpose of being exploited, they left children back home thinking that they were going to be able to provide for their families only to find that this was not the case. Many of these families are facing threats from their traffickers in their country of origin and reunification in the UK has been a literal lifeline preventing harm to children. Taking this right away is not humane or compassionate, it is punitive and fails to understand the complex circumstances in which survivors of modern slavery find themselves as victims of crime.
Rights to reconsiderations
Removing the right to a reconsideration of decisions means victims won’t have recourse to ensure they have access to justice. Having worked in the sector for over 13 years, we know decision makers don’t always get the decisions right, and an essential part of accessing justice, being believed, involves being able to ask for the government to reconsider the decisions they have made.
The fact is, the system for recognising and supporting potential victims of modern slavery- the NRM - includes a two-stage decision making process which is meant to verify and determine whether or not a potential victim is a “genuine” survivor. Delays in decision making and poor quality decision making are the main barriers to the effective running of the current system- and unfortunately the proposed changes don’t address this.
We will have to wait for further details on exact changes but in the meantime, what remains for the survivors we support is fear and uncertainty, and a pervasive feeling of being unwanted.
What we will do, is continuing to engage with partners in the modern slavery space, including the government, to advocate for the voices of our clients to be heard and welcomed.
Survivors deserve to be safeguarded, not scapegoated.
In solidarity,
Rachel Medina
CEO, the Snowdrop Project
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