ROLE OF EMPLOYERS AND TRADE UNIONS IN COMBATING TRAFFICKING AND FORCED LABOUR

EMMANUEL IGBINOSUNEmployment and Wages Department

EMPLOYER’S INTEREST

Employers with an interest

in continuingforced labour

practices

Employers with an interest

in eliminatingforced labour

practices

SOME REASONS WHY SOME EMPLOYERS HAVE INTEREST IN CONTINUING FORCED LABOUR PRACTICES

the fact that they benefit directly from forced labour in their production processes;

that they benefit secondarily from forced labour by receiving cheap goods made with forced labour and selling them on at a large profit;

that they want to “avoid upsetting the apple cart” by raising questions about forced labour practices when they are aware of them.

SOME REASONS WHY SOME EMPLOYERS HAVE INTEREST IN ELIMINATING FORCED LABOUR PRACTICES

the fact that they face unfair competition from competitors who use forced labour;

that they face challenges to their reputation in markets that have heard of forced labour practices in the country/sector/region where the employer is located;

that they find such practices morally reprehensible.

WHY EMPLOYERS’ AND BUSINESS ORGANIZATIONS SHOULD PLAY A ROLE IN ELIMINATING FL &HT

Legal compliance: Almost all ILO member States have ratified

Conventions 29 and 105 on forced or compulsory labour and States that have ratified the “Palermo Protocol” against human trafficking are required to make this practice a crime. This means that forced labour and trafficking in persons are punishable as crimes in most countries around the world, and that companies found involved in such activities could face prosecution.

WHY…PLAY ROLE IN ELIMINATING FL & HT CONT’D

Managing risk and reputationTo be successful, companies must manage risk in an environment where risk is not static and can emerge through the actions of the company itself, its suppliers and other actors. Allegations of forced labour and trafficking present legal risks as well as serious threats to brand and company reputation.

WHY…PLAY ROLE IN ELIMINATING FL & HT CONT’D

Forced labour in global supply chainsGlobalisation and the growing links across countries and firms have raised forced labour and trafficking in persons as significant issues within global supply chains.

WHY…PLAY ROLE IN ELIMINATING FL & HT CONT’D

Codes of conduct and corporate social responsibility (CSR)The elimination of forced labour is a key element of codes of conduct and other CSR initiatives. Companies – particularly those that supply consumer markets and have significant brand value – face new and growing expectations that production will comply with social and human rights criteria.

WHY…PLAY ROLE IN ELIMINATING FL & HT CONT’D

Forced labour and human trafficking are morally unacceptable.

Identifying forced labour in practice

Lack of consent to work(the "route into" forced labour)

Birth/descent into "slave" or bonded status Physical abduction or kidnapping Sale of person into the ownership of

another Physical confinement in the work location–

in prison or in private detention Psychological compulsion, i.e. an order to

work, backed up by a credible threat of a penalty for non-compliance

Induced indebtedness (by falsification of accounts, inflated prices, reduced value of goods or services produced, excessive interest charges, etc.)

Deception or false promises about types and terms of work

Withholding and non-payment of wages Retention of identity documents or other

valuable personal possessions

Menace of a penalty (the means of keeping someone in forced labour)

Physical violence against worker or family or close associates

Sexual violence (Threat of) supernatural retaliation Imprisonment or other physical

confinement Financial penalties Denunciation to authorities (police,

immigration, etc.) and deportation Exclusion from future employment Exclusion from community and social life Removal of rights or privileges Deprivation of food, shelter or other

necessities Shift to even worse working conditions Loss of social status

HOW EMPLOYERS CAN IDENTIFY FORCED LABOUR IN COMPANY

Indebted workers. Workers who are or may become indebted can become coerced into working for a particular employer to repay the debt;

Prison labour. Use of prison labour is not forced labour, per se. However, prisoner workers should be hired to companies only on a voluntary basis, and conditions with regard to wages, benefits and occupational safety and health should be comparable to conditions for free workers;

Operating in a country where the authorities force the population to work for development purposes, for instance to assist in construction, agriculture, and other public workers;

Exploitative practices such as forced overtime or the lodging of deposits (financial or personal documents) for employment;

Migrant workers are particularly vulnerable to forced labour; Workers working without a contract, who are more likely to not know

their rights, including their right to leave their employment; Practical checklists to identify potential situations of forced labour can

be a useful tool for employers and businesses.

WHAT CAN EMPLOYERS AND COMPANIES DO?

Use only Licenced Recruiting Firms: The flexibility and speed with which today's labour market operates can put employers at a disadvantage if they rely on third parties to do recruiting. If companies have migrants in their workforce, and particularly if a third party is used to recruit them, they should know who these workers are and where they come from, and ensure that their recruitment into the workplace was completely above board and without deception or coercion. Developing a company policy to act as a guideline on recruiting migrant workers and engaging only reputable recruitment and employment agencies is also important.

Have a clear and transparent company policy, setting out the measures taken to prevent forced labour and trafficking. Clarify that the policy applies to all enterprises involved in a company's product and supply chains;

Train auditors, human resource and compliance officers in means to identify forced labour in practice, and seek appropriate remedies;

Provide regular information to shareholders and potential investors, attracting them to products and services where there is a clear and sustainable commitment to ethical business practice including prevention of forced labour;

Promote agreements and codes of conduct by industrial sector (as in agriculture, construction and textiles), identifying the areas where there is risk of forced labour, and take appropriate remedial measures;

Treat migrant workers fairly. Monitor carefully the agencies that provide contract labour, especially across borders, blacklisting those known to have used abusive practices and forced labour;

Ensure that all workers have written contracts, in language that they can easily understand, specifying their rights with regard to payment of wages, overtime, retention of identity documents, and other issues related to preventing forced labour;

Encourage national and international events among business actors, identifying potential problem areas and sharing good practice;

Contribute to programmes and projects to assist, through vocational training and other appropriate measures, the victims of forced labour and trafficking;

Build bridges between governments, workers, law enforcement agencies and labour inspectorates, promoting cooperation in action against forced labour and trafficking;

Find innovative means to reward good practice, in conjunction with the media.

ROLE OF TRADE UNIONS

Ensure workers are Unionized. Act as a pressure group that could lead to

amendment of laws that contravene any of the fundamental Conventions.

Place FL on top of the Trade Union movement’s Agenda.

Capacity Building to educate Trade Union Members

Set up help desk in collaboration with NGO to assist victims

Report all cases of forced labour discovered.

INFORMATION CAMPAIGN AND AWARENESS CREATION

THANK YOU FOR YOUR ATTENTION