The ILO and victims of forced labour
and human trafficking
Caroline O’Reilly
ILO Special Action Programme ILO Special Action Programme
to Combat Forced Labourto Combat Forced Labour
1. What is forced labour
2. Number of victims of forced labour – who is most
vulnerable
3. The role of workers’ organizations
4. The role of the private sector and business
The labour exploitation continuum
Decent Work =
Work in freedom, equity, security and human dignity
Trafficking in human
beings
Forced labour
Forced labour Decent work
Labour exploitation
What is forced labour?
ILO Forced Labour Convention, 1930 (No. 29)
« All work or service that is exacted
from any person under the menace
of any penalty and for which the
said person has not offered
himself voluntarily »
Indicators of forced labour and trafficking
• Recruitment
• Coercion in employment
• Debt-induced forced labour
• Forced labour in prisons
Withholding or non-payment of wages
Retention of identity documents or other valuables
Compulsory overtime
Threats of violence, harassment, intimidation
Restricted freedom of movement or changing employer
Excessive costs of transport, accommodation, food
Manipulation of a debt (through loan or wage advance)
Unjustified wage deductions
Involuntary work performed by prisoners for the benefit of a private undertaking
Excessive recruitment fees
Deception about type, location or conditions of work
Compulsory deposit
Substitution of contracts
Vulnerability factors
• Social and economic factors : poverty, disability, discrimination (gender or racial), debt, lack of education
• Isolation factors : Migrant workers, not speaking the language of the place of destination; illegal status (residence and/or work); remote locations
• Psychological factors: fear of deportation, pressure from family or community members
Who is most vulnerable?
Sectors at risk
• Agriculture and fisheries
• Construction
• Forestry & logging
• Garments & textiles
• Cleaning & security services
• Transport (incl. seafarers)
• Domestic workers
Groups at risk
• Informal economy workers
• Indigenous & tribal peoples
• Low caste groups and minorities
• Migrant workers, especially with irregular status
• Women, youth and children
80% of all forced labour occurs in the private economy
ILO research in Eastern Europe
Way of obtaining a job offer abroad (%)
7.32
1.95
11.22
37.56
5.37
35.12
1.46
13.94
0.61
12.73
41.82
18.79
10.3
1.82
In directcontact with
the employer
Travel agency Jobplacement
agency
Socialconnections
Family Anotherintermediary
Other
Forced labour victims Successful migrants
ILO Global Estimate
Total Forced Labour
Total Trafficked
Industrialized Economies 360,000 270,000
Transition Economies 210,000 200,000
Asia and the Pacific 9,490,000 1,360,000
Latin America and the Caribbean 1,320,000 250,000
Sub-Saharan Africa 660,000 130,000
Middle East and North Africa 260,000 230,000
World 12,300,000 2,450,000
ILO Minimum Estimation of Forced Labour by Form
Commercial sexual
exploitation and mixed 16%
State exacted 20%
Economic exploitation
64%
Trafficking by form
Commercial sexual
exploitation, 68%
Economic exploitation,
32%
The ILO Global Estimate
What can trade unions do?
• Information dissemination and advocacy
• Awareness raising: both individual worker and public opinion
• Legal assistance and helplines
• Outreach to organize/support workers in vulnerable groups and sectors
• Social dialogue: address forced labour and trafficking in bipartite and tripartite negotiations and agreements - Collective Bargaining Agreements, International Framework agreements, Codes of conduct
• Identification, documentation and public exposure of forced labour cases
Awareness-raising
• Audience: trade union members; officials (World Cup 2006)
• Targeted public awareness campaigns – Deceptive recruitment practices, risk of exploitation
• SBSI, Indonesia
– Labour rights• DEOK, Cyprus• UGT, Spain
– Produce advocacy materials• ICTU, Ireland
Outreach and direct support
• Organise!– Informal workers– Unprotected workers – Migrant workers
• Recruit foreign staff members• Exchanges of staff between unions in
sending/receiving countries
– Target high risk sectors (GUFs)• Construction• Textiles and garments• Agriculture - horticulture• Ship-breaking• Fisheries• Domestic workers
Targeted TU action
• The UK TUC launched a Polish website to support the increasing number of Polish workers in the UK, in partnership with Citizens Advice and Solidarnosc.
• It explains the rights workers can expect, from the minimum wage and working time to holiday entitlement and sick pay; gives information about social issues such as housing and health; and guidance about living and working in the UK.
Challenges encountered by trade unions
• Legal barriers
• (un)documented migrant workers
• informal sector workers
• Practical barriers
• Language
• Distrust of trade unions and climate of fear
• Temporary/seasonal work
• Hidden or inaccessible workplaces, and private homes
• Context of globalization – “race to the bottom”
• Risk management in supply chains
• Commercial impact - marketing/ image
• Rapid spread of information – nowhere to hide!
• Advocacy for human rights / core labour standards
– Growing awareness of consumers and buyers
– Ethical business practices and CSR movement, including investors
– NGO vigilance
Why should employers be concerned?
Challenges for the private sector
• Hard to identify what is and is not forced labour: “grey” zone
• How far should a company’s liability extend?
• Modern supply chains are very complex
– Monitoring the first tier is not enough
– But very difficult to monitor the whole supply chain
– How to monitor and control what’s happening in the informal economy?
Risks in employment relations
• Hiring and recruitment practices
• Wage payments & calculations
• Hours of work & overtime
• Training conditions
• Disciplinary practices & sanctions
• Housing arrangements
• Termination of employment
Risks in business relations
• Sub-contractors
• Other service providers (e.g. janitors, security guards, drivers)
• Recruitment agencies and labour brokers
“Location” of risks for business
A Business Alliance against Forced labour
• Awareness-raising
• Policy development (codes of conduct)
• 10 Principles for Employers
• Training, capacity-building
• Tools and guidelines– Handbook for employers
(including case studies)– Guide on private employment
agencies
ILO 10 Principles for business to combat forced labour and trafficking
• Have a clear and transparent company policy (enterprises + supply chains);
• Train staff (auditors, HR, buyers, compliance officers) to identify forced labour in practice and seek appropriate remedies;
• Provide regular information to shareholders and potential investors, attracting them to ethical business practices;
• Promote agreements and codes of conduct by sector and take appropriate remedial measures;
• Treat migrant workers fairly. Monitor carefully the recruitment agencies, especially across border;
• Ensure that all workers have written contracts, in language that they can easily understand, specifying their rights (wages, overtime, identity documents, …);
• Encourage dissemination of good practices and the identification of at-risk sectors;
• Contribute to prevention and rehabilitation programmes for victims (eg vocational training, job placements) either directly or through NGO partners
• Build bridges between governments, workers, law enforcement agencies and labour inspectorates, promoting cooperation against forced labour and trafficking;
• Find innovative means to reward good practice, in conjunction with the media.
Handbook for employers and business
Introduction and overview
Employers’ FAQ
Guiding principles
Checklist for assessing compliance
Guide for taking action
Practical tips for taking action
Good practice case studies
For further information, please consult:
www.ilo.org/forcedlabour
Or email us at [email protected]
Thank-you