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 forcedlabour@ilo.org

Thank-you