Main aims of ESF projectMain aims of ESF project

Collect dataCollect data Develop frameworks for analysisDevelop frameworks for analysis Normative and conceptual analysisNormative and conceptual analysis Hold series of workshopsHold series of workshops Dissemination to policy makers and Dissemination to policy makers and

other relevant actors in the fieldother relevant actors in the field

ProgrammeProgramme

Welcome: DusanWelcome: Dusan Christien van den Anker AGIS + ESFChristien van den Anker AGIS + ESF Deirdre Coghlan AGIS IrelandDeirdre Coghlan AGIS Ireland Petra Burcikova AGIS Czech RepublicPetra Burcikova AGIS Czech Republic Cezara Nanu MoldovaCezara Nanu Moldova DiscussionDiscussion LunchLunch

AfternoonAfternoon

Jeroen Doomernik NetherlandsJeroen Doomernik Netherlands Ilse van Liempt MethodologyIlse van Liempt Methodology TeaTea DiscussionDiscussion

Trafficking for forced Trafficking for forced labour in Europelabour in Europe

Christien van den AnkerChristien van den Anker

Uni of the West of EnglandUni of the West of EnglandChristien.Vandenanker@uwe.ac.ukChristien.Vandenanker@uwe.ac.uk

Global Ethics and TraffickingGlobal Ethics and Trafficking

Usually Ethics asks questions like:Usually Ethics asks questions like:Public morality: What does justice require? What Public morality: What does justice require? What

does a just world look like?does a just world look like?Personal morality: What is the right action?Personal morality: What is the right action?How ought we to live?How ought we to live?

Ethics in the context of migration:Ethics in the context of migration:What migration regime does justice require?What migration regime does justice require?How ought we to live together in diverse How ought we to live together in diverse

communities?communities?Is it right to migrate?Is it right to migrate?In a just world what would migration look like?In a just world what would migration look like?

Trafficking and global ethicsTrafficking and global ethics

Ethical questions arising in the case Ethical questions arising in the case of trafficking in human beings are of trafficking in human beings are initially answered easily: trafficking is initially answered easily: trafficking is morally wrong and illegal under morally wrong and illegal under international law and national lawinternational law and national law

However, disagreement about However, disagreement about various approaches to combating various approaches to combating trafficking highlight that there is no trafficking highlight that there is no consensus on the ethical basis for consensus on the ethical basis for such policiessuch policies

Global ethics in this projectGlobal ethics in this project

Starting point: view Global Ethics as a Starting point: view Global Ethics as a multidisciplinary field critically discussing multidisciplinary field critically discussing ethical approaches to issues highlighted in ethical approaches to issues highlighted in the context of globalisationthe context of globalisation

Trafficking viewed in the context of Trafficking viewed in the context of globalisation, including regionalisationglobalisation, including regionalisation

Beyond current focus on sexual Beyond current focus on sexual exploitationexploitation

Long-term prevention, human rights and Long-term prevention, human rights and cosmopolitanismcosmopolitanism

Recent research results AGISRecent research results AGIS

Czech Republic, Portugal Ireland, UKCzech Republic, Portugal Ireland, UK Two-year study with local partners Two-year study with local partners

doing interviews with professionals doing interviews with professionals and migrant workersand migrant workers

Anti-Slavery International lead Anti-Slavery International lead partnerpartner

Academic role in research design and Academic role in research design and implementation as well as analysis implementation as well as analysis and reportingand reporting

UKUK

23 professionals and 19 migrant workers 23 professionals and 19 migrant workers interviewed; 300 CA cases analysedinterviewed; 300 CA cases analysed

agriculture, construction, food industry, agriculture, construction, food industry, care, and restaurantscare, and restaurants

All forms of coercion although less All forms of coercion although less physical violence than sex industryphysical violence than sex industry

Trouble with support: irregular status Trouble with support: irregular status dominates response and leads to lack of dominates response and leads to lack of identification as trafficked personidentification as trafficked person

Regulations complex and expensiveRegulations complex and expensive

IrelandIreland 46 questionnaires received from professionals; 5 46 questionnaires received from professionals; 5

interviewed; 15 migrant workersinterviewed; 15 migrant workers The restaurant industry, agriculture, domestic The restaurant industry, agriculture, domestic

workers and construction industryworkers and construction industry Coercion often subtle: late payment, confiscation Coercion often subtle: late payment, confiscation

of papers, threat of not renewing work permits or of papers, threat of not renewing work permits or threats of denunciation to the authorities followed threats of denunciation to the authorities followed by deportation. by deportation.

Trafficked people frequently enter the state Trafficked people frequently enter the state legally and many of the victims do not identify legally and many of the victims do not identify themselves as trafficked. themselves as trafficked.

PortugalPortugal

Interviewed 18 migrant workers, 5 Interviewed 18 migrant workers, 5 professionals; 17 questionnaires receivedprofessionals; 17 questionnaires received

wish for a better lifewish for a better life Most migrants entered legally yet not Most migrants entered legally yet not

permitted to workpermitted to work Social isolation leads to vulnerability to Social isolation leads to vulnerability to

coercioncoercion Lack of identification due to lack of legal Lack of identification due to lack of legal

provisions for forced labour traffickingprovisions for forced labour trafficking

Czech RepublicCzech Republic

25 professionals; 19 migrant workers25 professionals; 19 migrant workers construction industry, agriculture and construction industry, agriculture and

service sectorservice sector Gender divisionGender division No clear-cut separation between sex No clear-cut separation between sex

industry and other industriesindustry and other industries Sequence in using different forms of Sequence in using different forms of

coercion coercion

Lessons learnedLessons learned

Desperate circumstances, social isolation Desperate circumstances, social isolation and lack of knowledge of rightsand lack of knowledge of rights

Complex and restrictive migration law and Complex and restrictive migration law and work permitswork permits

Various forms of multiple dependency and Various forms of multiple dependency and coercion/deceptioncoercion/deception

Demand for cheap labour and lack of Demand for cheap labour and lack of adequate responseadequate response

Moving Eastern EU border predicts victimsMoving Eastern EU border predicts victims

European Convention on Action European Convention on Action Against Trafficking, 2005Against Trafficking, 2005

Emphasis on victim supportEmphasis on victim support Including preferably voluntary return, Including preferably voluntary return,

reflection period of minimum of 30 reflection period of minimum of 30 days;days;

International co-operationInternational co-operation Co-operation between governments Co-operation between governments

and NGOs and NGOs

Current approaches: the UKCurrent approaches: the UK Restricting migration flowsRestricting migration flows

Case of 2005 Birmingham (UK) raidCase of 2005 Birmingham (UK) raidUK Government consultation paperUK Government consultation paper

Human rights approaches:Human rights approaches:Victim support, including housing, legal aid, reflection period, Victim support, including housing, legal aid, reflection period, counselling, educationcounselling, educationShort term prevention campaignsShort term prevention campaignsSupport for returneesSupport for returneesAttempts to convict more traffickersAttempts to convict more traffickers

UK government now signing up to European Convention against UK government now signing up to European Convention against TraffickingTrafficking

Police now speaks of ‘assisting to go home’ instead of deportationPolice now speaks of ‘assisting to go home’ instead of deportation

Root causesRoot causes

Economic inequality: poverty and lack of Economic inequality: poverty and lack of opportunities - demand for cheap labour; opportunities - demand for cheap labour;

Gender inequality; Gender inequality; Ethnic, religious, national discrimination;Ethnic, religious, national discrimination; Discrimination according to marital Discrimination according to marital

status (single mothers); status (single mothers); Conflict, peacekeeping and post-conflict Conflict, peacekeeping and post-conflict

reconstructionreconstruction

Demand factorsDemand factors

sexual services;sexual services; cheap labour in manufacturing, cheap labour in manufacturing,

agriculture, shipping, building, packaging, agriculture, shipping, building, packaging, restaurants and entertainment, tourism;restaurants and entertainment, tourism;

Women’s reproductive input in low fertility Women’s reproductive input in low fertility countries: eggs, surrogacy, adoption;countries: eggs, surrogacy, adoption;

Domestic work and care for elderly, Domestic work and care for elderly, young, disabled or long term ill.young, disabled or long term ill.

The role of preventionThe role of prevention

Attention to prevention as criminalisation Attention to prevention as criminalisation nor anti-immigration approaches are nor anti-immigration approaches are workingworking

NGOs and governments focus on short-NGOs and governments focus on short-term prevention: informing potential term prevention: informing potential migrants of risksmigrants of risks

Those who acknowledge need for longer Those who acknowledge need for longer term prevention focus mainly on gender term prevention focus mainly on gender inequality as root cause – mainly in inequality as root cause – mainly in context of sex workcontext of sex work

Recent long term prevention Recent long term prevention proposalsproposals

Brussels Declaration 2002: poverty and Brussels Declaration 2002: poverty and demand side; yet no conflict or demand side; yet no conflict or discrimination other than gender-baseddiscrimination other than gender-based

SAARC Convention: refers to development SAARC Convention: refers to development and supervision of employment agencies; and supervision of employment agencies; yet: no international obligations to assist yet: no international obligations to assist development.development.

OSCE 2003: Action plan includes all of the OSCE 2003: Action plan includes all of the above and social and economic measures to above and social and economic measures to address root causes in origin and address root causes in origin and destination countries; yet: only nationally destination countries; yet: only nationally and no international obligations. and no international obligations.

A cosmopolitan approachA cosmopolitan approach

A cosmopolitan approach would argue for A cosmopolitan approach would argue for long term prevention based on the most long term prevention based on the most inclusive set of root causes, including the inclusive set of root causes, including the structure of the global economy.structure of the global economy.

It would propose action plans that included It would propose action plans that included international obligations to support social international obligations to support social and economic measures in all affected and economic measures in all affected countries.countries.

It would galvanise debt relief, fair trade, It would galvanise debt relief, fair trade, trade justice development, human rights trade justice development, human rights (full range) and global taxation to address (full range) and global taxation to address the root causes of trafficking long term. the root causes of trafficking long term.

ConclusionsConclusions

Ethical argument required for designing Ethical argument required for designing future counter-trafficking future counter-trafficking

Current approaches fail to address Current approaches fail to address prevention adequately and they focus too prevention adequately and they focus too much on sex exploitationmuch on sex exploitation

Not always undocumented migrationNot always undocumented migration Even organisations that do address Even organisations that do address

prevention too often focus on short term prevention too often focus on short term measuresmeasures

Those who address longer term prevention Those who address longer term prevention stop at national measuresstop at national measures

ConclusionsConclusions

A cosmopolitan approach to long term A cosmopolitan approach to long term prevention of trafficking ought to be prevention of trafficking ought to be developed, including:developed, including:

an analysis of global root causes as an analysis of global root causes as well as local oneswell as local ones

Prevention strategies (local, national Prevention strategies (local, national and international components)and international components)

Implementation of human rights lawImplementation of human rights law Design and enforcement of Design and enforcement of

international dutiesinternational duties

Further questionsFurther questions

What are the best interim policies with regard What are the best interim policies with regard to trafficking in human beings from the to trafficking in human beings from the perspective of justice in an unjust world? Is perspective of justice in an unjust world? Is this different for the sex industry than for this different for the sex industry than for other industries?other industries?

Is preventing migration ethical? Does it assist Is preventing migration ethical? Does it assist in preventing trafficking?in preventing trafficking?

Is portraying trafficked people as victims only Is portraying trafficked people as victims only and not as agents ethical?and not as agents ethical?

Is a human rights approach ethical if it does Is a human rights approach ethical if it does not address structural factors causing global not address structural factors causing global inequality?inequality?