Rosary Sisters High School Model United Nations ROSMUN Economic and Social Council. Eliminating and Preventing Forced Labour

Transcription

1 Rosary Sisters High School Model United Nations ROSMUN 2018 Economic and Social Council Eliminating and Preventing Forced Labour Lana Ghosheh

2 Introduction: Forced Labour is globally denounced. Yet, the eradication of its various forms, old and new, ranging from slavery to trafficking in persons continues to be one of the most complicated and sophisticated challenges that the local and international communities, employers organizations as well as national governments are facing. Due to the fact that forced labour destroys societies and harms individuals all over the world, protection against it should be guaranteed. The phenomenon of forced labour is considered to be a global dilemma, which all member states should unite together in order to eliminate through multidimensional strategies and solutions to address all its forms. It is very crucial to ensure the protection of workers rights and to eradicate any kind of violations practiced against them including men and boys, women and girls, in addition to children. Picture source: Definition of Key-Terms: Forced Labour: According to the ILO Forced Labour Convention, 1930 (No. 29), forced or compulsory labour is: all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. (1) Migrant Worker: According to the UN Convention on the Rights of Migrants, a migrant worker is a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national. (2) Modern Slavery: Although modern slavery is not defined in law, it is used as an umbrella term that focuses attention on commonalities across legal concepts. Essentially, it refers to situations of exploitation that a person cannot refuse or leave because of threats, violence, coercion, deception, and/or abuse of power. (3) 2

3 Human Trafficking: is a form of modern-day slavery in which traffickers use force, fraud, or coercion to control victims for the purpose of engaging in commercial sex acts or labour services against his/her will. (4) Labour trafficking: Labour trafficking is a form of modern-day slavery in which individuals perform labour or services through the use of force, fraud, or coercion. (5) Background Information: Forced Labor continues to be a problem for numerous reasons as it affects people all over the world; 55% of victims are women and girls, 45% of victims are men and boys, and children make up around one quarter of the victims. According to ILO, 21 million people are now victims of forced labor, and three out of every 1,000 people worldwide are in forced labor. Additionally, there are three main types of forced labor including; forced labor exploitation, forced sexual exploitation, as well as state-imposed forced labor. Picture source: 3

4 Picture source: In fact, forced labor is considered to be the most common form of modern slavery. According to estimation, almost 40.3 million people are targets of modern slavery including 24.9 victims of Forced Labor. Furthermore, migrant workers who travel long distances because of lack of job opportunities in their native land to find a descent work in another place seeking to support and assist their families, are victims and targets of forced labor as they are particularly vulnerable. They are targeted for several reasons; firstly, because these migrant workers regularly do not speak the language of the country they immigrated to, also, they have limited rights and most importantly, they rely on their employers that deceive them. Moreover, according to estimation that has been done by the International Labor Organization (ILO), almost half of forced labor victims have migrated within their own country or across borders before ending up victims of it. Targets of trafficking of forced labor are modern-day slaves. They suffer from permanent physical and psychological harm, separation from their families and communities, decreased opportunities for personal development, and a very restricted and limited movement. Besides, Child victims do not have access to education, which enhances illiteracy and poverty. Forced labour in numbers: Ø 18.7 million (90 %) are exploited in the private economy, by individuals or enterprises. Of these, 4.5 million (22 per cent) are victims of forced sexual exploitation and 14.2 million (68 per cent) are victims of forced labour exploitation in economic activities, such as agriculture, construction, domestic work or manufacturing. Ø 2.2 million (10%) are in state-imposed forms of forced labour, for example in prisons, or in work imposed by the state military or by rebel armed forces. Ø 5.5 million (26 %) are below 18 years. 4

5 Ø The number of victims per thousand inhabitants is highest in the central and southeastern Europe and Africa regions at 4.2 and 4.0 per 1,000 inhabitants respectively. It is the lowest in the Developed Economies and European Union at 1.5 per 1,000 inhabitants. Ø The relatively high prevalence in central and south-eastern Europe and Commonwealth of Independent States can be explained by the fact that the population is much lower than for example in Asia and at the same time reports of trafficking for labour and sexual exploitation and of state-imposed forced labour in the region are numerous. Ø The Developed Economies and European Union have 1.5 million (7 per cent) forced labourers. Ø Central and south-eastern European countries, and the Commonwealth of Independent States account for 1.6 million (7 per cent). Ø There are an estimated 600,000 (3 per cent) victims in the Middle East. Ø 9.1 million victims (44 %) who have moved either internally or internationally. The majority, 11.8 million (56 %), are subjected to forced labour in their place of origin or residence. Cross-border movement is heavily associated with forced sexual exploitation. Source: Key factors that contribute in causing Forced Labor: v Poverty: Forced Labor is located and concentrated mostly in poor regions and areas of the world as in South Asia. In addition, people who live in circumstances of chronic and terrible economic need are the most vulnerable people to forced labor around the world. Moreover, poverty has impact on so many dimensions, including: education, social exclusion, and job opportunities. v Lack of sustainable jobs and education: As aforementioned, poverty has several dimensions including education and job opportunities. Having limited job opportunities results in people being more exposed and vulnerable to exploitive work (deceiving job offers that can turn exploitative). And that is the same for education, as people who do not have access to sustainable education in addition to illiterate people, are strongly vulnerable to this pernicious exploitation. v Discrimination: women, children, disabled persons and other groups of people face discrimination in different aspects of employment, for instance in remuneration and in hiring. Furthermore, certain laws do not efficiently protect particular groups or people including, migrant workers, stateless people and indigenous from forced labor. 5

6 v Weak rule of law: A rule of law is a situation in which the laws of a state are being enforced and obeyed by everyone. However, what causes forced labor is the weak rule of law in numerous member states all over the world. v Economy dependent on cheap labor: Cheap labor means when a person works very hard for little money. Also, they usually work under outrageous and terrible working conditions. Major Organizations Involved: 1. The International Labor Organization (ILO): The ILO is one of the many organizations that are working vigorously towards the elimination of forced labor, as it has adopted four standards on forced labor, including two conventions, a protocol, and a recommendation which provides effective supervision. In addition to its participation in the Meeting of Experts on Forced Labor and Trafficking for Labor Exploitation which included discussions on numerous issues, for instance, the prevention of forced labor and the protection of victims. 2. International Labor Rights Forum (ILRF): is a human rights organization that aims at promoting justice for workers. Moreover, the ILRF is endeavoring towards the eradication of forced labor, which, they believe, could be achieved by being acknowledgeable of the root causes that lead to such phenomenon. In addition to their cooperation with governments, organizations, and companies in order to report cases. 3. Anti-Slavery International: is an international non-governmental organization, which was founded in With the cooperation of other organizations, Anti-Slavery International works strenuously in order to tackle all forms of slavery, including Forced Labor. Thus, Anti-Slavery International is seeking to end forced labor, by raising people s awareness specifically about products produced with forced labor in order to encourage consumers to buy products free from slave labor. Relevant UN Treaties and Resolutions and Events: Date Event 28 June 1930 Forced Labour Convention (No. 29): Convention concerning Forced or Compulsory Labour. 6

7 25 June 1957 The Abolition of Forced Labour Convention (No.105). 18 June 1998 The ILO Declaration on Fundamental Principles and Rights at Work. 28 September 2007 Special Rapporteur on contemporary forms of slavery (Resolution 6/14). 11 June 2014 Protocol of 2014 to the Forced Labour Convention, 1930 Timeline of Events: Date Event November 2001 Special Action Programme to Combat Forced Labour (SAP-FL) February 2013 Meeting of Experts on Forced Labour and Trafficking for Labour Exploitation 11 October 2013 The 19 th International Conference of Labour Statisticians 1-12 June for Freedom Campaign Previous Attempts to Solve this Issue: Forced labour has been considered as one of the most paramount global issues, the ILO has played a significant role in addressing this issue in an attempt to potentially solve it.there has been enormous support concerning the adoption of the new ILO Protocol of 2014 to the Forced Labour Convention, 1930, in addition to a recommendation on supplementary measures for addressing forced labour and by providing specific guidance on effective measures to be taken regarding prevention, protection and remedy to eliminate all forms of forced labour. ILO strongly aspires to reach a world free from forced labour. 7

8 Possible Solutions: 1. Collaboration between all member states in order to discuss the phenomenon of forced labour and combat its root causes, hence, create national action policies and plans. 2. Strengthening law enforcement. 3. National and international poverty reduction strategies, since poverty is a leading cause to this phenomenon. 4. Enlightening and educating migrant workers about labour laws and rights in the destination country (in the country they immigrated to), which could be implemented by the cooperation between migrant rights organizations and governments. 5. Providing sustainable Job opportunities and education. 6. Enforcing laws and legislations that ensure the safety, protection and compensation of victims, and bring offenders to justice by developing criminal-justice actions. 7. Intensifying security on borders. 8

9 Bibliography: 1) ILO, (n.d), C029 - Forced Labour Convention, 1930 (No. 29), retrieved from: ODE:C029 2) UNESCO, (n.d), Migrant/Migration, retrieved from: 3) ILO, (n.d), Forced labour, modern slavery and human trafficking, retrieved from: 4) National Human Trafficking Hotline, (n.d), Human Trafficking, retrieved from: 5) National Trafficking Hotline, (n.d), Labour Trafficking, retrieved from: -trafficking 6) ILO, (1 June 2012), Questions and Answers on Forced Labour, retrieved from: 7) Solidarity Center, (n.d), LABOUR MIGRATION AND HUMAN TRAFFICKING, retrieved from: 8) ILO, (n.d), Forced labour, modern slavery and human trafficking, retrieved from: 9) HRW, (n.d), Exploitation, Forced Labour & Trafficking, retrieved from: -trafficking 10) ILRF, (n.d), Slavery is now illegal in every nation on earth. Yet modern forms of it can be found in every corner of the globe, retrieved from: rights.org/issues/forced-labour 11) ILO, (n.d), Elimination of all forms of forced or compulsory labour, retrieved from: 12) ILO, (n.d), International Labour Standards on Forced labour, retrieved from: 13) Annie Kelly, (3 April 2013), Modern-day slavery: an explainer, retrieved from: 9

10 14) NICOLA PHILLIPS, (17 February 2015), What has forced labour to do with poverty?, retrieved from: 10