Introduction to case studies: ILO Indicators of forced labour

Similar documents
IDENTIFYING AND INVESTIGATING CASES OF FORCED LABOUR AND HUMAN TRAFFICKING

Tool 4: Conducting Interviews with Migrant Workers

Eradicating forced labour from supply chains

ILO Conventions Nos. 29 and 105 Forced labour and Human Trafficking for Labour Exploitation What it is and why to bother

Forced labour Guidance note

Tool 3: Conducting Interviews with Managers

Use of the Delphi methodology to identify indicators of trafficking in human beings Process and results

REPORT FORM PROTOCOL OF 2014 TO THE FORCED LABOUR CONVENTION, 1930

Guidance on Operational Practice & Indicators of Forced Labour

Recommended Principles and Guidelines on Human Rights and Human Trafficking (excerpt) 1

Zero Tolerance Protocol

ILO Report Form for the General Survey Concerning Migration for Employment and Migrant Workers. Guidelines for completing the questionnaire

BRADY CORPORATION POLICY AGAINST FORCED LABOR AND HUMAN TRAFFICKING

European Compliance & Ethics Institute May London, UK

Trafficking in Persons for Forced Labour

Migrant Rights Centre Ireland

TRAPPED THE EXPLOITATION OF MIGRANT WORKERS IN MALAYSIA. Index: ASA 28/006/2010 Amnesty International March 2010

Irregular Migration, Trafficking in Persons and Smuggling of Migrants

UNDERSTANDING HUMAN TRAFFICKING CASES

Slavery, servitude and forced or compulsory labour. England and Wales Louise Douglas

Indicators of trafficking

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

Legal tools to protect children

Recruitment Reform Campaign Glossary

Executive summary... iii. Chapter 1. Research approach Background Research objectives... 1

(Legislative acts) DIRECTIVES

International Labour Organization Instruments

Governing Body 320th Session, Geneva, March 2014

Submission for Universal Period Review of the United Kingdom 13 th Session, 21 May 4 June On Behalf of the Joseph Rowntree Foundation

Submission on Exposure Draft New Offences Criminal Code (Forced Labour, Servitude, Forced Marriage, Deceptive Recruiting)

INTERNATIONAL DIALOGUE ON MIGRATION 2009 INTERSESSIONAL WORKSHOP ON

Profits and poverty: The economics of forced labour

Trafficking for Labour Exploitation - Conceptual Issues, and Challenges for Law Enforcement

Recommendations regarding the Proposal for a Council Framework Decision on Combating Trafficking in Human Beings

Are You Coming To The United States Temporarily To Work Or Study?

Victims of human trafficking and Modern Slavery

Modern Day Slavery: An Overview. Banu Demiralp April 17, 2012 Janna Lipman

Are You Coming To The United States Temporarily To Work Or Study?

Contact the Responsible Director HR19/ N.B. This policy replaces the Protection of Children and Vulnerable Adults Policy

HUMAN TRAFFICKING PROSECUTIONS

in ASEAN Women s Labour Migration The role of the labour inspectorate Policy Brief Series:

Labour Exploitation. Spotting the signs. Working in partnership to protect vulnerable and exploited workers

Regional brief for the Arab States 2017 GLOBAL ESTIMATES OF MODERN SLAVERY AND CHILD LABOUR

Economic and Social Council

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

Tajikistan: Exporting the workforce at what price? Tajik migrant workers need increased protection

PROFILING QUESTIONNAIRE

PREVENTION OF HUMAN TRAFFICKING ACT (No. 45 of 2014)

The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children: Reflections After Five Years.

The Human Smuggling and Trafficking Center

GENDER CONCERNS IN MIGRATION IN LAO PDR MIGRATION MAPPING STUDY: A REVIEW OF TRENDS, POLICY AND PROGRAMME INITIATIVES

Summary. False Promises Migrant Workers in the Global Garment Industry

Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013

INTERNATIONALLY RECOGNISED CORE LABOUR STANDARDS IN JAPAN

PENAL CODE (AMENDMENT) (SEXUAL OFFENCES) ACT 2016 (NO. 3 OF 2016)

Short Brief on Human Trafficking June 2007 Center for Advanced Defense Studies 10 G St, STE 610 Washington, DC

LIBERIA AN ACT TO BAN TRAFFICKING IN PERSONS WITHIN THE REPUBLIC OF LIBERIA

- having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms,

A GLOBAL ALLIANCE AGAINST FORCED LABOUR

INTERNATIONAL TRAINING WORKSHOP ON THE IMPLEMENTATION OF CEDAW MIGRANT DOMESTIC WORKERS IN TAIWAN. By : Hope Workers Center, Regina Fuchs OUTLINE

Forced labour in Northern Ireland: exploiting vulnerability

ASTRAZENECA GLOBAL STANDARD EXPECTATIONS OF THIRD PARTIES

An Overview of the UK s Obligations. Sarah St Vincent The AIRE Centre

air recruitment initiative Fostering fair recruitment practices, preventing human trafficking Fand reducing the costs of labour migration

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL FRAMEWORK DECISION

TRAFFICKING IN PERSONS

CHILD SEX TOURISM: INTERNATIONAL STANDARDS AND ANALYSIS OF VIETNAM S LEGAL FRAMEWORK

Human Trafficking: Information for ESOL Teachers and Other Educators - Part 1

THE SENATE BILLS. Fair Work Amendment (Protecting Australian Workers) Bill Second Reading SPEECH

United Nordic Code of Conduct

Did you know? Frequently Asked Questions and Answers about Live-in Domestic Workers in Lebanon

POLICY BRIEF #1 KEY FINDINGS AND RECOMMENDATIONS FOR UK POLICYMAKERS. Professor Genevieve LeBaron and Dr Ellie Gore

Trafficking in Human Beings. Dr. Vladislava Stoyanova

PHILIPPINES ASIA PACIFIC REGIONAL PREPARATORY MEETING FOR THE GLOBAL COMPACT ON SAFE, ORDERLY AND REGULAR MIGRATION

UNITED NATIONS DEVELOPMENT PROGRAMME

Code of conduct suppliers. Social & environnemental Compliance Initiative

CHINA: TIER 3 RECOMMENDATIONS FOR CHINA

How to Best Serve Trafficking Survivors National Alliance to End Homelessness. Lisa Coffman July 26, 2016

Criminal Code Amendment (Trafficking in Persons Offences) Act 2005

based on an unofficial English translation of the draft provided by the OSCE Project Co-ordinator in the Ukraine

Core Labour Standards & Fundamental Principles and Rights at Work

NEW ZEALAND GAZETTE, No MAY 2017

Human and Sex Trafficking. Professor Friday Okonofua

Submission to the. Parliamentary Joint Standing Committee on Foreign Affairs, Defence and Trade inquiry into Modern Slavery Act in Australia

Human trafficking, exploitation, and displacement in Syria

Child Trafficking. Colin Walker Deputy Director ECPAT UK

Sex Trafficking, Exploitation & Safe Harbor Training

Efforts to combat human trafficking on a national level

Modern Slavery Guidance

Hidden Chains. Recommendations

An introduction to safeguarding A briefing for Members

The Feminization Of Migration, And The Increase In Trafficking In Migrants: A Look In The Asian And Pacific Situation

Regional Consultation on the Right to an Effective Remedy for Trafficked Persons

Human Trafficking: Everybody s Business

2015 Global Forum on Migration and Development 1

Possible tourism & travel sector responses

MIGRANT WORKERS PROTECTION SOCIETY (MWPS) SHELTER CONSOLIDATED DATA 2015

Global Unions Recommendations for 2017 Global Forum on Migration and Development Berlin, Germany

DOMESTIC VIOLENCE ACT NO. 116 OF 1998

LIMA AIRPORT PARTNERS S.R.L. CODE OF CONDUCT INDEX

Transcription:

Introduction to case studies: ILO Indicators of forced labour Marja Paavilainen, Chief Technical Adviser, FLARE project

ILO indicators of forced labour 1. Abuse of vulnerability 2. Deception 3. Restriction of movement 4. Isolation 5. Physical and sexual violence 6. Intimidation and threats 7. Retention of identity documents 8. Withholding of wages 9. Debt bondage 10. Abusive working and living conditions 11. Excessive overtime Key questions: Have the workers entered into employment voluntarily? Are they free to leave employment if they like? Are penalties or threats used to keep workers from leaving employment? 2

1. Abuse of vulnerability Taking advantage of a worker s vulnerable position. Abuse of workers who e.g. lack knowledge of the local language, have few livelihood options, belong to a minority ethnic group, or have a disability. Multiple dependency on the employer for work, housing, food and drink makes workers more vulnerable to abuse. 3

2. Deception Deceptive recruitment practices and false promises, for example, about: Wages. Working conditions. Type of work. Housing and living conditions. Job location. Identity of employer. Children often end up in forced labour because of false promises made to their parents. 4

3. Restriction of movement Restriction of workers movement, for example, through: Locking up factory or dormitory doors. Surveillance cameras and guards. Prohibition to go outside without being accompanied by guards. 5

4. Isolation Isolation in worksites, such as: Remote locations far away from habitation. Absence of means of transport. Confiscation of mobile phones or other means of communication. Prohibiting contact with family and friends or seeking help. 6

5. Physical and sexual violence Subjecting workers, their family members or friends to physical or sexual violence. Forcing workers to take drugs or alcohol to control them. Forcing workers to undertake tasks that are not part of the initial agreement. Physical abduction or kidnapping. 7

6. Intimidation and threats Intimidation and threats when workers complain or wish to quit their jobs, including threats of: Physical or sexual violence. Denunciation to authorities. Loss of wages or benefits. Confinement. Loss of housing, food or drink. Worsening of working conditions. Psychological coercion by insulting and undermining workers. 8

7. Retention of identity documents Retention by the employer of identity documents or other valuable personal possessions. Retention deprives workers of the ability to travel, obtain other jobs, or access essential service. Workers need to be able to access their identity documents and personal possessions on demand. 9

8. Withholding of wages Withholding of wages may amount to forced labour, if wages are systematically and deliberately withheld as a means to compel workers to continue working for the employer. Note: Irregular or delayed payment of wages does not automatically imply a forced labour situation. 10

9. Debt bondage Debt bondage situations arise, for example, from: Wage advances or loans to cover recruitment and transport costs, or e.g. medical costs. Advance payments to parents of children. Manipulation of accounts. Excessive wage deductions e.g. for food or drink. 11

10. Abusive working and living conditions Working and living conditions that workers would not freely accept, such as: Degrading, humiliating or dirty conditions. Hazardous conditions. Overcrowded and unhealthy living conditions without any privacy. Substandard working conditions often involve severe breaches of labour law. 12

11. Excessive overtime Excessive overtime, denial of breaks and days off, etc. ILO Committee of experts: Forced overtime constitutes forced labour, if: Workers have to work more overtime than is allowed under national law; and They work under some form of threat; or They cannot earn at least the minimum wage without working overtime. 13

Continuum of exploitation Bad working conditions / Labour law violations Civil or administrative sanctions (or criminal sanctions) Forced labour crime Criminal sanctions under penal law Need to ensure better integration of labour and criminal justice to capture the continuum of exploitation! 14

Thank you! Marja Paavilainen, Chief Technical Adviser Enhanced Action against Forced Labour in Asia and the Pacific (FLARE project) ILO Decent Work Team for East and South East Asia and the Pacific, Bangkok paavilainen@ilo.org 15