A/HRC/14/30/Add.3
33.
With the ratification of the Council of Europe Convention on Action against
Trafficking in Human Beings in 2008, trafficked victims are now provided with a reflection
and recovery period of at least 45 days, during which time the victims are assisted and not
removed from the United Kingdom. Furthermore, victims may be granted discretionary
leave to remain in certain circumstances, as described in section IV.
IV. Good practices
34.
During his visit, the Special Rapporteur was informed of various cooperation
initiatives, which, in his view, illustrate the commitment of the Government and/or other
stakeholders to a human rights-based approach to migration and/or the protection of the
human rights of migrants.
A.
Identifying, sharing and promoting good practices
35.
The Special Rapporteur welcomes the establishment of the Migration Excellence
Programme funded by the Department of Communities and Local Government and
implemented by the Improvement and Development Agency, which operated from 2007 to
October 2008.33 He especially welcomes the added value of this programme in identifying,
sharing and promoting good practices in migration governance, particularly concerning:
integrating new migrants from A8 States and collecting migration data; modifying local
services to meet the needs of new residents; and highlighting sample actions to minimize
tensions between communities.
B.
Setting up independent mechanisms to monitor migration governance
using international law
36.
The Special Rapporteur commends the establishment of the independent Chief
Inspectorate of UKBA, created in 2007 to focus on the overall efficiency and effectiveness
of the main governmental agency responsible for migration governance. He especially
welcomes the Inspectorate’s mandate, which includes, inter alia, the functions of: reviewing
the process involved in handling individual cases; examining UKBA goals and programmes
to determine their compliance with international obligations; and carrying out unannounced
inspections at ports and embassies.
37.
The Special Rapporteur also commends the establishment of four posts of children’s
commissioners (for England, Northern Ireland, Scotland and Wales), in charge of
promoting awareness of the views and interests of children, particularly regarding health
and education, training and recreation and their protection from harm and neglect. He
especially welcomes their role in the protection of children in the context of migration, both
within their respective jurisdictions34 and collectively through the elaboration of a number
of recommendations, inter alia, on special protection measures for unaccompanied children
seeking asylum.35
33
34
35
10
See, inter alia, Improvement and Development Agency, “Overview: migration excellence
programme”, 2008.
See, for example, Al Aynsley-Green, The Arrest and Detention of Children Subject to Immigration
Control: a report following the Children’s Commissioner for England’s visit to Yarl’s Wood
Immigration Removal Centre (London, 11 Million, 2009).
See, for example, “UK Children’s Commissioner’s Report to the UN Committee on the Rights of the
GE.10-12095