People arriving from Ukraine - risk and need: public protection guidance

Public protection

Human trafficking and exploitation

Human trafficking is defined as the recruitment, transportation or transfer, harbouring or receiving or exchange or transfer of control of another person for the purposes of exploiting them. People can be trafficked and exploited for sexual exploitation, labour exploitation, domestic servitude, criminal exploitation and organ removal. It does not require the victim to have been moved, nor does it always require coercive means such as threats or intimidation to be present, and it is irrelevant if the victim ‘consented’ to any part of the action. Anyone can be vulnerable to trafficking or exploitation. While undertaking their journeys or upon reaching a destination, people seeking refuge can be exposed to trafficking for various purposes, including sexual, labour, and criminal exploitation. For more information, see Organization for Security and Co-operation in Europe.

Ensuring people arriving from Ukraine are clear on their rights in Scotland can help to mitigate trafficking risks. JustRight Scotland has developed legal factsheets and (in partnership with Trafficking Awareness Raising Alliance [TARA]) a leaflet explaining human trafficking and exploitation for arrivals in Ukrainian and Russian.

The Scottish Refugee Council, TARA, Survivors of Human Trafficking in Scotland  (SOHTIS) and Migrant Help have developed a joint presentation for professionals supporting people arriving from Ukraine. This aids understanding of what human trafficking is; sets out some of the key indicators and explores their role and how to report concerns. Please contact human.trafficking@gov.scot if you or colleagues would like to know more or request an input from the presentation.

In Scotland men make up the majority of known trafficking victims with most reporting that they are victims of labour exploitation. However, across the world the most common form of human trafficking (79%) is sexual exploitation. According to the Global Report on Trafficking in Persons, victims of sexual exploitation are predominantly women and girls. Europol has stated that women and children fleeing Ukraine are most at risk for both sexual and labour exploitation.

Support workers need to remain alert for indications or attempts to recruit potential victims of human trafficking, whether by opportunistic individuals or organised crime gangs. Potential victims may display a range of indicators and vulnerability to trafficking/exploitation once in Scotland must be recognised.

Local authorities are designated First Responder Organisations under the National Referral Mechanism (NRM), which is the UK-wide framework for identifying and providing support to victims of trafficking and exploitation. Local practitioners should refer to the NRM Toolkit for more information on how to approach a potential case of human trafficking and exploitation.

In Scotland, human trafficking concerns from local practitioners should be reported through Police Scotland on 101 or 999 if an individual is felt to be in immediate danger. The Modern Slavery and Exploitation Helpline and their Unseen App can also be used to obtain further information about human trafficking and to report concerns. Police Scotland’s National Human Trafficking Unit continues to engage closely with Border Force and British Transport Police to maintain high visibility of human trafficking and exploitation risks at points of entry around Scotland.

Potential adult victims of human trafficking and exploitation are entitled to support and assistance under the NRM in Scotland.  This support is delivered by the TARA, for adult women trafficked for the purposes of commercial sexual exploitation, and Migrant Help for all other adult trafficking cases.

SOHTIS provide a second tier support service for Local Authorities or NGO's in Scotland to assist in navigating the NRM process or for direct client advocacy.  Additional resources are available for practitioners supporting displaced people from Ukraine: SOHTIS Human Trafficking Resources in Ukrainian and English.

To assist with the early identification of those at risk of exploitation from organised crime the Scottish Government have also published Criminal exploitation: practitioner guidance.

Practitioners can also contact Guardianship Scotland: National Child Trafficking Support Service whose guardians can provide practical help and support to child victims of trafficking (or those deemed at risk of being trafficked) to navigate the immigration and welfare processes.

Witnesses and victims of war crimes in Ukraine

Children and adults who arrive in the UK may report that they have been the victim of, or have witnessed, War Crimes prior to leaving Ukraine.

Police Scotland are part of the national policing response to gather evidence for the International Criminal Court (ICC) enquiry into potential war crimes in the affected region and can be contacted through normal reporting channels to make an initial report.

The Metropolitan Police host the reporting service for all UK Police Forces. In the first instance a person reporting, a war crime to Police Scotland will be encouraged to make an initial report utilising the link below and upload any evidence they are in possession of such as mobile phone footage. Met Police: Report a War Crime

Any person who wishes to report war crimes which they have witnessed, or have evidence of, can also use the above link independently of Police Scotland. Officers from Police Scotland will ensure that all necessary safeguarding or victim care measures are put in place.

There is the potential that Rape or other Serious Sexual Crime could be reported as a War Crime. Protocols for officers from Police Scotland responding to a crime of this nature will follow existing practices with prioritisation given to the welfare of victims, provision of specialist support and where appropriate the capture of forensic evidence.

Domestic Abuse and Violence against women and girls

It should be noted that domestic abuse law here may be more developed and robust than in Ukraine, so arrivals from Ukraine may not necessarily identify domestic harm as something to report.

Ensuring Ukrainians are aware of Scotland's laws, their rights, and how to navigate support is crucial - especially if they have experienced or are experiencing abuse or violence.

Our vision is of a strong and flourishing Scotland where all individuals are equally safe and respected, and where women and girls live free from all forms of violence and abuse, as well as the attitudes that perpetuate it.

We use VAWG to refer to a range of actions that harm, or cause suffering and indignity to, women and children. These include but are not limited to:

• physical, sexual and psychological violence in the family, general community or institutions - this includes domestic abuse, rape, incest and child sexual abuse
• sexual harassment and intimidation at work and in public
• commercial sexual exploitation including prostitution, pornography and trafficking
• so called 'honour based' violence, including dowry-related violence, female genital mutilation, forced and child marriages and 'honour' crimes

We are strengthening the law and improving public safety by providing better protection to victims of violence against women and girls (VAWG), and holding those committing these crimes to account.

This includes modernising the law on domestic and sexual abuse in the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 including creating a specific offence of Domestic Abuse (for further information on Scotlands Domestic Abuse Laws and What to do if you suspect someone is experiencing domestic abuse).

Further information is available here:

• Scottish Government’s New Scots Welcome pack
• advice and support information can be found on our Safer.scot webpages
• Hemat Gryffe Women’s Aid & Police Scotland developed a video on rights, which practitioners may find helpful
• our Equally Safe strategy
• CSE-Aware’s Building Bridges toolkit has been developed to support staff in responding to women’s disclosures of selling sex