Héilean is the Anti Trafficking Coordinator with the Immigrant Council of Ireland.
The Immigrant Council of Ireland (ICI) is leading a transnational European-funded project on early legal intervention (ELI) for victims of human trafficking. The concept of ELI is the provision of confidential legal advice at the first encounter between victims of trafficking and authorities to ensure immediate protection and legal representation with a view to achieving the best outcomes for a victim.
The project, entitled Upholding Rights! Early Legal Intervention studied and analysed legal intervention for victims of trafficking in a selected number of countries, namely Ireland, England, Scotland, Finland, Lithuania and Bulgaria. The resulting comprehensive report was published earlier this year. Following on from the research a set of principles underpinning quality representation of trafficking victims were developed and implemented on a pilot basis in Ireland, Bulgaria and Croatia.
The principles which use a human rights based approach, alongside practical recommendations specific for the client group, were tested in real life cases. These principles reflect the fact that trafficking victims can often present with complex and challenging personal circumstances. Anti-trafficking systems are often elaborate and challenging to navigate. Therefore, lawyers working in this area must demonstrate tenacity and have a willingness to challenge and change inadequate systems in a professional manner to achieve the best outcome for victims. A holistic approach is also necessary to be able to assist with a number of legal issues ensuring that an individual is able to effectively realise their rights as a victim of crime. These issues should focus on all matters relevant to a victim’s personal and family circumstances, identification and subsequent protection as a victim, and could involve administrative, civil and criminal legal proceedings. Due to the extreme personal vulnerabilities of the victims, successful representation also requires working in partnership and liaising with many different organisations.
The ICI, which is an established Independent Law Centre in Ireland, ensured training of all staff members and legal information volunteers who come into contact with a victim. In its efforts to achieve a safe and supportive environment to facilitate disclosure, the ICI adapted a consultation room for victims of trafficking and other abuses. The ICI ensures a trauma sensitive attitude is adhered to by all.
The ICI held a national advisory committee meeting earlier this year with legal experts in the field as well as other relevant stakeholders. Professor Siobhán Mullally of UCC spoke of the right to early legal aid as enshrined in Article 12 (d) of the CoE Convention as well as in article 12 (2) of the EU Directive. A second national advisory committee meeting will be held in autumn when the pilot project is completed and when case studies can be discussed to highlight examples of the added value of early legal intervention for victims of trafficking. A training component is also part of the project to further disseminate the benefits of ELI.