http://cori.ie/images/pdf/newsletter/cori%20submission%20to%20the%20un%202011.pdf
The Conference of Religious of Ireland (CORI) provides a forum where religious can work together in the mission they hold in common. We have a membership of 136 religious congregations representing over 9,000 men and women religious throughout the island of Ireland.
Our member congregations work in education; health; welfare; justice; human rights; ecology and many other areas. We convened as a Social Justice and Human Rights Working Group, identified our priority areas and carried out our consultations using interviews and Working Group meetings.
In our submission, we have focused on the following areas:
- Human Trafficking
- People with Learning Disabilities & Exceptional Abilities
- Literacy
- Children in Care
- Asylum Seekers.
Promotion and Protection of Human Rights on the Ground
Human Trafficking
1. Irish legislation pertaining to sexual exploitation is concerned less with protecting human rights and more with ensuring that the sex trade remains out of the public domain.1 Assessing the extent of human trafficking for sexual exploitation is extremely difficult. Research2 undertaken over a 21 month period
identified 1023 women as having been trafficked into or through Ireland. The same research estimated
that up to 1,000 women per day are involved in indoor prostitution in Ireland about 90% of whom are
migrant women.
2. While there are many factors involved in trafficking human beings for the purposes of sexual
exploitation, by far the most influential is the demand. The importance of developing measures to address the demand side has been raised by the UNHRC4 as well as the Principles and Guidelines on Human Rights and Human Trafficking.5 6
3. It is accepted that the view of prostitution in the 1949 Convention7 is not that expressed in the Protocol8 and while the policy line at the level of UN institutions is neutral, there is a strong body of opinion in Ireland that prostitution is a violation of many human rights.9 10 Developments in other countries11 have
given stimulus to a growing movement in Ireland campaigning for legislative change.12
4. The main anti trafficking legislation is the Criminal Justice (Human Trafficking) Act 200813.
Investigations of offences under the Act have not lead to any convictions14, which is in line with trends
elsewhere15. CORI feels that the definition of a trafficked person according to the Act16 as well as the non provision of strict liability17 may hinder successful convictions. Offices of national rapporteurs18 elsewhere19 have greatly enhanced the state’s efforts to combat human trafficking and such an office would be well placed to recommend improvements to the legislation.
5. The terms of protection for potential and suspected victims of trafficking are to be provided for in the Immigration, Residence and Protection Bill 2010 (now lapsed),20 and administrative arrangements21 have been in place pending the passing of the Act. Under the current provisions, only the protection path is open to victims of trafficking to remain in Ireland - their accommodation and welfare is devolved to the Reception and Integration Agency.22 Direct provision23 is the only arrangement offered by the
2
Agency and such arrangements are not suitable24 for victims of trafficking. Such arrangements are in breach of Article 625 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. The conditionality26 on protection offered to victims of trafficking27 is a violation of their rights28
6. Current provision29 does not meet Ireland’s obligations to provide an effective remedy30 to victims of trafficking. Under the Palermo Protocol, State Parties must ensure that measures are available which afford victims the right to seek compensation. The Recommended Principles and Guidelines state that this right must be enforceable which would require - at a minimum - comprehensible information, financial aid (to pursue proceedings) and leave to remain in the country until all proceedings were concluded.
Recommendations
! Undertake a review of the office of National Rapporteur in Human Trafficking with a view to
making such an appointment in Ireland.
! Take Ireland’s human rights obligations into account in drafting
