FORCED LABOUR Fernando Fonseca Senior Programme Officer ITC/ILO March 2017

Convention 29 Forced Labour, 1930 (178 ratifications)

STATISTICS The ILO estimates that at least 21 million people are victims of forced labour globally, trapped in jobs into which they were coerced or deceived and which they cannot leave. It includes human trafficking for labour and sexual exploitation (“modern-day slavery”). Around three out of every 1,000 persons worldwide are in forced labour at any given point in time. Women and girls represent the greater share of the total – 11.4 million (55%), as compared to 9.5 million (45%) men and boys.

STATISTICS Adults are more affected than children: 74% (15.4 million) of victims fall in the age group of 18 years and above, whereas children aged 17 years and below represent 26% of the total (or 5.5 million child victims). 18.7 million (90%) are exploited in the private economy, by individuals or enterprises. Out of these, 4.5 million (22%) are victims of forced sexual exploitation, and 14.2 million (68%) are victims of forced labour exploitation in economic activities, such as agriculture, construction, domestic work or manufacturing.

STATISTICS

- under the menace of any penalty and DEFINITION (C.29) (Art. 2.1) «FORCED OR COMPULSORY LABOUR » 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 him/herself voluntarily

EXCLUSIONS FROM THE SCOPE OF C.29 (Art. 2.2) Certain forms of compulsory service which would otherwise have fallen under the general definition of “forced or compulsory labour” are excluded from its scope “for the purposes of this Convention”: (a) any work or service exacted in virtue of compulsory military service laws for work of a purely military character; (b) any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country;

EXCLUSIONS FROM THE SCOPE OF C.29 (Art. 2.2) Prison labour: any work or service exacted from any person as a consequence of: - a conviction in a court of law - work or service is carried out under the supervision and control of a public authority and - the person is not hired to or placed at the disposal of private individuals, companies or associations.

EXCLUSIONS FROM THE SCOPE OF C.29 (Art. 2.2) (d) any work or service exacted in cases of emergency, - in the event of war or - of a calamity or threatened calamity (such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests) - any circumstance that would endanger the existence or the well-being of the population

EXCLUSIONS FROM THE SCOPE OF C.29 (Art. 2.2) minor communal services - performed by the members of the community - in the direct interest of the said community - the community shall have the right to be consulted in regard to the need for such services

(Art. 1.1) (Art. 25) OBLIGATIONS Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress the use of forced or compulsory labour in all its forms within the shortest possible period. (Art. 25) The illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

Abolition of Forced Labour, 1957 Convention 105 Abolition of Forced Labour, 1957 (175 ratifications)

SUBSTANTIVE PROVISIONS (Art. 1.1) Each Member which ratifies Convention 105 undertakes to suppress and not to make use of any form of forced or compulsory labour: (a) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; (b) as a method of mobilising and using labour for purposes of economic development; (c) as a means of labour discipline; (d) as a punishment for having participated in strikes; (e) as a means of racial, social, national or religious discrimination.

Protocol of 2014 to the Forced Labour Convention, 1930 (11 ratifications)

PROTOCOL OF 2014 TO THE FORCED LABOUR CONVENTION, 1930 The Protocol strengthens the international legal framework by creating new obligations to prevent forced labour, to protect victims and to provide access to remedy, such as compensation for material and physical harm.  It requires governments to take measures to better protect workers, in particular migrant workers, from fraudulent and abusive recruitment practices and emphasizes the role of employers and workers in the fight against forced labour. 

INDICATORS OF FORCED LABOUR Abuse of vulnerability Deception Restriction of movement Isolation Physical and sexual violence Intimidation and threats Retention of identity documents Withholding of wages Debt bondage Abusive working and living conditions Excessive overtime

INDICATORS OF FORCED LABOUR The presence of a single indicator in a given situation may in some cases imply the existence of forced labour. However, in other cases you may need to look for several indicators which, taken together, point to a forced labour case. Overall, the set of eleven indicators covers the main possible elements of a forced labour situation, and hence provides the basis to assess whether or not an individual worker is a victim of this crime.

POSSIBLE MEASURES According to the ILO’s 2014 report “Profits and Poverty: the economics of forced labour” the following measures are needed: Strengthen laws and policies; Reinforce labour inspection in sectors where the risk of forced labour is high. This should be linked to an early identification system of victims and their effective protection; Labour rights violations should be swiftly punished and criminal sanctions should be imposed on those who exploit particularly vulnerable workers; Workers need to be empowered by supporting their organizations and providing access to remedies.