Forced labour Conventions nos 29-105 TOBICH Faïza tobich@ilo.org Standards Department

20.9 million victims of forced labour around the world 18.7 million (90%) people are in forced labour in the private economy, exploited by individuals or enterprises. Out of these, 4.5 million (22%) are in forced sexual exploitation, and 14.2 million (68%) in forced labour exploitation in activities such as agriculture, construction, domestic work and manufacturing 2.2 million (10%) work in state-imposed forms of forced labour, for example in prisons under conditions which violate ILO standards, or in work imposed by the state military or by rebel armed forces 2012 sees the launch of a new ILO global estimate of forced labour – a shocking 20.9 million women, men and children are trapped in jobs into which they were coerced or deceived and which they cannot leave. Forced labour cannot be seen as a thing of the past, and that its modern manifestations require urgent action. Law enforcement is a major part of the solution, and impunity of offenders is one of the most important reasons why forced labour practices continue. Policies against forced labour should therefore cover the three p’s: prosecution, prevention and protection

the Asia-Pacific region (AP) accounts for by far the largest number of forced labourers – 11.7 million or 56% of the global total. The second highest number is found in Africa (AFR) at 3.7 million (18%), followed by Latin America and the Caribbean (LA) with 1.8 million victims (9%).

Two conventions Forced labour Convention, 1930, (No.29) Abolition of forced labour, 1957, (No.105) The Conv. requires the abolition of any form of Forced or Compulsory labour in 5 specific cases: As a means of political coercion, or a punisment for expressing certain political views or views ideologically opposed to the established political, social or economic system, As a method of mobilizing for purpose of economic development, As a means of labour discipline, As a punishment for having participated in strikes, As a means of racial, social, national or religious discrimination Forced labour Convention, 1930, (No.29) Requires that each ratifying State undertake to suppress the use of Forced Labour in all its forms C105: is applied when a person is sentenced to FL /compulsory labour for the offence of having expressed ideological opposition to the established political order. if a person has to perform compulsory prison labour because she/he has expressed particular political views, has commited a breach of labour discipline or has participated in s strike … such situations are covered by the Conv. Labour imposed as a consequence of a conviction in a court of law will have no relvance to the implication of C105, such as in the cases of imposition of compulsory labour on common offenders convicted, exp. Robbery, kidnapping, bombing, or other acts of violence or acts or omissions that have endangered the life or health of others. The CEACr has considered that compulsory labour in any form, including compulsory prison labour, is covered by the C105, when it is exacted in one of the 5 cases. The scope of the Conv. Is not restricted to sentences of HARD LABOUR , as distinct from ordinary prison labour. We should refer to the definition of FL under C29, and to the exception as regards labour as a consequence of a conviction in a court of law in art 2 (2) © of C29, which make no distinction either between different forms of work, or between «hard labour» and compulsory labour exacted from persons as a result of any type of sentence …. C 105 prohibits the use of of any form of FL or compulsory labour as a sanction … The CEACR relalls that restrictions on fundamental rights and liberties may have a bearing (peuvent avoir des conséquences) on the application of the Conv,if such measures are enforced (si de telles mesures sont appliquées) by sanctions sanctions involving compulsory labour.

Different forms of forced labour State-imposed forced labour: Imposition of FL for the purpose of eco. Develop Call up of able-bodied men to perform public works Private-imposed FL: Slavery, slavery-like practices, Traditional forms of bonded labour, Forced child labour, Use of forced labour for economic end, Forced labour linked to migration and exploitative labour contract systems, Exploitation of domestic workers, Forced labour can be an outcome of trafficking in persons State-imposed FL: some States impose compulsory labour on the population … the population has to perform public works, such as construction and maintenance of public buildings and roads, bridges … such an obligation to work is enforceable with penal sanctions …

Convention 29-Definition 3 elements All work or service exacted Under the menace of a penalty For which the person has not offered himself or herself voluntarily

Some indicators Violence, menace, intimidation (may be physical, sexual or psychological), Retention of passports, identity documents , Deceptive recruitment (false promises, below the minimum wage, hours of work) Work under duress (an excessive volume of work that is beyond what can reasonably be expected within the framework of national labour law); Impossibility of leaving an employer (as form of limitation on freedom) FL can be identified by one or a combination of the following elements: -threats or actual physical harm, -restriction of movement and confinement to the workplace or to a limited area, -debt-bondage, also referred to as bonded labour, it occus when a person has to work to pay back an inherited debt, or when a debt is incurred as part of the terms ef employment. Often debts are due to economic shocks where an individual or a family have to borrow from moneylanders and employers to pay for important events such as a funeral, wedding, or dowry. The worker’s labour becomes repayment for an initial loan. -witholding of wages or excessive wage reductions that violate previous agreements, -retention of passports and identity documents, -threat of telling authorities that the worker is of illegal status Even when workers voluntarily migrate for work , they often have limited or incorrect information about their employment arrangements and restrictions on rights. Recruitment on the basis of false promises, of good wages and good working conditions does not constitute voluntary consent, according to the ILO.

Exceptions to forced labour Compulsory military service (for work of a purely military character)* Normal civic obligations Prison labour (as a consequence of a conviction, carried out under government supervision and control)* Cases of emergency (applies in restricted circumstances. Conditions of cases of force majeure: sudden, unforeseen happening) Minor communal services

Penal sanctions (I) The illegal exaction of FL shall be punishable as a penal offence It’s an obligation to an member ratifying the Conv to ensure that the penalties imposed by the law are really adequate and are strictly enforced

Penal sanctions (II) Penal sanction imposed by law (labour Code/Penal Code) Effective sanctions (administrative fine is not enough dissuasive) Strictly enforced sanctions (rapid and effective law enforcement bodies)

Protocol on Forced Labour Effective measures (through National Policy and/or Action Plan, coordination with relevant bodies) Prevention (awarness-raising, legal framework, strengthening labour inspection, support due diligence) Protection (victims identification, providing social support and judicial guidance) Access to remedies (granting for temporary residence, access to justice to lodge complaints, compensation) Link between forced labour and trafficking in persons (specific action should be taken agaisnt trafficking)

Recommendation No.203 Provides non-binding practical guidance on measures to strengthen national law and policy on forced labour It builds on the provisions of the Protocol and should be read in conjunction with it

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