Prevention strategies against forced labour exploitation DEFLECT Project Expert Conference Holmenkollen, Oslo June 2011

International Trade Union Confederation The International Trade Union Confederation (ITUC) represents 176 million workers, 40 per cent of whom are women, in 151 countries and territories and has 301 national Affiliates. Membership is open to all democratic, independent and representative national trade union centres. The ITUC’s primary mission is the promotion and defence of workers’ rights and interests, through international cooperation between trade unions, global campaigning and advocacy within major global institutions. Its main areas of activity include trade union and human rights, the economy, society and the workplace, equality and non- discrimination as well as international solidarity.

Global trade union alliance to combat forced labour and trafficking Focal points, regional networks Policy development Coordination, sharing good practice Support prevention projects and intervention Ratification campaigns for ILO and UN Conventions Monitoring and reporting to ILO, UN, WTO etc.

Globalisation and migration Increased movement of capital, goods, services and people Accentuated unevenness of development between countries generating significant pressure on the movement of labour The gap between rich countries with labour shortages and poor countries without enough jobs for all. Aging populations in many developed countries. Leads people to change their countries of work in their legitimate quest for survival and a better life.

Globalisation and Labour Informalisation Individualisation Flexibilisation Precariarisation –Subcontracting –Letter-box companies –Shadow labour market –Domestic work –Bogus self-employment –Short term contracts –Informal (transnational) recruitment Deregulation of labour markets and the reduction of social protection as a strategy to increase competitiveness in the global economy has deformalised the employment relationship

Global trade in cheap and docile migrant labour Supply of migrant workers Demand for cheap labour Inadequate migration regulation Vulnerability of migrant workers Recruitment industry Make it less profitable Increase the risks Reduce opportunities

Who? Domestic work, agriculture, textiles, construction, restaurants, manufacturing, processing, packaging, prostitution, illegal activities Migrant workers Informal employment

How? Deception Restrictions on freedom of movement –Physical –Residence status Debt bondage Threats, intimidation and violence

Process of progressive debt Recruitment  Promises of work: nature, wages, conditions  Influence of another person: family, neighbours, friends, religious or community leaders  Recruitment fees Transport  Transport fees higher than expected  Advance for food  Permanent monitoring  Fear / tension Exploitation  Working tools to be paid  Advance for food, accommodation and clothing  Penalties in case of low productivity or mistake  Violence, isolation

Continuum decent work – forced labour Accumulation of human and/or labour rights violations: –Discrimination –Trade union rights, freedom to organise and join a union, collective bargaining –Under- non- or late payment of wages –OHS –(forced) overtime –…

What makes migrant workers vulnerable to human trafficking? Lack of awareness about rights Precarious residence status Isolation, no time off, social exclusion Informal work Language, culture and administration

Role of governments Rights based migration policy –Equality of treatment between migrants in a regular situation and nationals (C97, C143 and UN) –Equality of opportunity between migrants in a regular situation and nationals (C143 and UN) –Respect for the basic human rights of all migrant workers regardless of status (C143 and UN) –More supple labour migration regulation reduces vulnerability and abuse of migrant workers Effective labour inspection (ILO C81, C129) Regulation of private employment agencies (ILO C181, R188) Develop a national action plan, NRMs Involve all relevant stakeholders in policy development and strategy planning, implementation and monitoring

Role of trade unions Outreach and targeted organising Social dialogue Campaigning and influencing policy Information dissemination on labour rights, recruitment practices, awareness raising Networking and cooperation with other stakeholders Bilateral partnerships Training for officers and representatives, depending on sector and location e.g. tourism, transport, agriculture Migrant workers’ centres, counselling, legal advice Working with companies, mediation, collective bargaining, collective action, representation Monitoring employers, recruitment agencies, governments

Trade union action Tripartite Gangmasters’ Licensing Authority UK Mushroom workers in Ireland MRCI-SIPTU SerbAz Astra, trade unions, international organisations Networks Germany: Ver.di and partners FLAI Oro Rosso campaign South Italy agriculture Poland LaStrada-Solidarnosc Bilateral partnerships, portable membership CIETT-UNI MoU ITGLWF-Inditex ITF Flags of Convenience campaign, inspection AFL-CIO shrimp report Committee on Workers’ Capital End liability of employers EFBWW Organising street vendors in Belarus

Recommendations Increase capacity Training and awareness raising More research and data collection, including through trade union research institutes Integration of trade unions in NRMs Increase regional cooperation BSLN Regulation and monitoring of recruiters Social dialogue on migration policy Industry specific campaigns

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