INTERNATIONAL TRAINING CENTER OF THE ILO - TURIN (ITALY)INTERNATIONAL TRAINING CENTER OF THE ILO - TURIN (ITALY)

FORCED LABOUR RESULTING FROM THE

TRAFFICKING IN HUMAN BEINGS

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EXPLOITATION AND MIGRATION: THE DYNAMICEXPLOITATION AND MIGRATION: THE DYNAMIC

Trafficking in persons

• the recruitment, transportation, transfer, harbouring or receipt of persons,

• by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits

• to achieve the consent of a person having control over another person,

• for the purpose of exploitation.

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime 15.11.2000

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Three elements define trafficking in persons:

1) the movement of people,2) by deceitful or coercive means,3) for the purpose of exploitation.

By specifying that "exploitation" includes, among other things: “forced labour or services, slavery or practices similar to slavery [or] servitude,”

the Palermo Protocol makes the relationship between trafficking and forced labour clearer.

Trafficking in persons can be for the purpose of FL

Current experience shows that it often is.

TRAFFICKING AND FLTRAFFICKING AND FL

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1) It involves movement of persons for the purpose of performing labour,

2) normally in illicit activities or employment to be carried out under working conditions below

statutory standards,

3) it involves an agent, recruiter or transporter who will most likely derive profit from this intervention,

4) coercion may not be evident at the beginning of the trafficking process or cycle,

THE MECHANICS OF TRAFFICKINGTHE MECHANICS OF TRAFFICKING

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5) the victim may enter into an agreement with the recruiting agent on an apparently voluntary basis, (without being provided with full information),

6) at the destination point conditions are likely to involve coercion, physical restrictions on freedom of movement; abuse or violence; and fraud (non-payment of promised wages),

7) victims find themselves trapped in debt bondage and other slavery-like conditions.

THE MECHANICS OF TRAFFICKINGTHE MECHANICS OF TRAFFICKING

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THE TRAFFICKING CYCLE: 1) RECRUITMENT STAGETHE TRAFFICKING CYCLE: 1) RECRUITMENT STAGE

• By force, coercion, or complicity

• Through voluntary recruitment of unsuspecting victims

• Through the links between prostitution and trafficking

• Use of false documentation

• Enforcement of procedures

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THE TRAFFICKING CYCLE: 2) TRANSPORT STAGETHE TRAFFICKING CYCLE: 2) TRANSPORT STAGE

• Trafficking can be within countries or across national borders

• Through the use of a variety of means or methods (transport providers and operators)

• Through the use of a variety of modes of transport

• Through simple and complex routes

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THE TRAFFICKING CYCLE: 2) TRANSPORT STAGETHE TRAFFICKING CYCLE: 2) TRANSPORT STAGE

• The time between departure and arrival may be several months or even years.

• The traffickers, not the migrants, make the choice of destination.

• Some examples of bad conditions during the journey: a breach in the initial agreement by arriving in a different destination country than initially agreed on, travelling in crowded groups, being passed on from trafficker to trafficker, physical, emotional and sexual abuse

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THE TRAFFICKING CYCLE: 3) FL STAGETHE TRAFFICKING CYCLE: 3) FL STAGE

• Coercive elements of trafficking are often manifested only at the destination through:

• Coercion, exploitation and abuse

• A complex web of dependence

• From being smuggled to being trafficked

• Breach of contract resulting in, for example, working long hours, not getting paid, or not receiving agreed salary on working in a different sector than agreed (e.g., prostitution)

• Physical, mental and sexual abuse

• Isolation - Forced drug use

• Starvation - No sick leave

• No holidays

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THE TRAFFICKING CYCLE: 3) FL STAGETHE TRAFFICKING CYCLE: 3) FL STAGE

The methods used to establish and maintain control over the victims, most of the time create terrible conditions for the migrant.

• Confiscation of identity documents that imped to travel back home

• Threats to hand over him/her to the authorities of the country of employment

• Threats of physical harm to the migrant

• Threats of physical harm to the migrant's familly

• Social isolation

• Locking up

• Debt bondage

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NATURE AND DIMENSION OF TRAFFICKINGNATURE AND DIMENSION OF TRAFFICKING

• 20% of all FL

• 1/3 of all FL exacted by private agents

• majority of victims of trafficking are women

2440000

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CAUSES OF TRAFFICKINGCAUSES OF TRAFFICKING

• Poverty and desire for a better life

• Ignorance of trafficking’s consequences

• Disruption of societal values

• Political and economic instability

• Demand for cheap labour

• High profits

• Low risk

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CONSEQUENCES OF TRAFFICKINGCONSEQUENCES OF TRAFFICKING

• is a human rights violation and a crime

• increases social breakdown and promotes crime

• deprives countries of human capital

• Undermines public health

• Subverts government authority

• Permits to fund illicit activities and feed organized crime activities

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MEASURES BEING TAKEN TO COMBAT TRAFFICKING

• International level: adoption and coming into force of the UN Palermo Protocol

• Recruitment stage:- Monitoring of private employment agencies- Providing information to potential migrants

• Transport stage: - Better control at border points- Involvement of workers’ and employers’ organizations in

the transport sector.

• FL stage:- Drafting legislation on the matter- Law enforcement using dissuasive sanctions and positive enforcement.- Coordination in law enforcement by police and labour inspectors

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TRADE UNIONS STRATEGIES AGAINST TRAFFICKING AND ILLLEGAL MIGRATION

1. Work to reduce vulnerability of the workers concerned;

2. Analyze and look for strategies by considering both the receiving and the sending countries in terms of demand and supply;

3. Optimize resources by sectoral focus, sharing of knowledge sectoraly and internationally, promoting and using alliances .

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TRADE UNIONS STRATEGIES AGAINST TRAFFICKING AND ILLLEGAL MIGRATION

UNPROTECTED LABOUR MARKETS

• Focus placed on unprotected labour markets, where exploitation and coercion can rise to forced labour:

ConstructionAgricultureTextile and garmentsCommercial sex sectorDomestic work

• The ultimate objective is to protect workers in these sectors.

• Open trade union membership to irregular migrants

• Deliver counter-exploitation services to workers in the sector, i.e. information, legal advice

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TRADE UNIONS STRATEGIES AGAINST TRAFFICKING AND ILLLEGAL MIGRATION

INDUSTRIAL INITIATIVES

• Efforts can be made through collective bargaining and consultation at various levels within the industry.

• National collective bargaining agreements

• Consultation with employers

• More aggressively enforce existing agreements

• Seek trans-national agreements with a view to improve conditions in sending countries

• Promote complementary actions by employers and their organizations

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TRADE UNIONS STRATEGIES AGAINST TRAFFICKING AND ILLLEGAL MIGRATION

POLITICAL INITIATIVES

• Efforts can be made in the political domain to change law and/or public policy, enforcement efforts, etc.

• Increase enforcement of existing laws

• Publicize cases to sensitize general public and mobilize public opinion

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TRADE UNIONS STRATEGIES AGAINST TRAFFICKING AND ILLLEGAL MIGRATION

PUBLIC POLICY INITIATIVES

• Specific efforts can be made with respect to particular institutional frameworks that operate in ways that permit coercive or exploitative conditions leading to forced labour

• Focus on domestic and international work agencies

• Adjust/tighten regulation of work and employment agencies, and its enforcement

• Promote inter-governmental solutions

• Collaborate with enforcement efforts of policing authorities

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TRADE UNIONS STRATEGIES AGAINST TRAFFICKING AND ILLLEGAL MIGRATION

SOLIDARITY INITIATIVES

• Particular efforts can be made within the trade union movement to meet the challenge

• Coordinate efforts with industrial organization in sending/receiving countries, i.e. sector specific organizations

• Exchange technical expertise inter-nationally and intersectorally

• Recognize union membership internationally

• Create and operate issue-based inter-organization alliances, using them to find and promote solutions