National action plans to combat forced labour and trafficking: Challenges, needs and ILO tools René Robert Labour Administration / Inspection Officer Labour Administration and Inspection Programme LAB/ADMIN Geneva

Forced labour, a new old subject C. 29 (1930) first ILO Forced Labour Convention C.105 (1957) Abolition of Forced Labour Declaration of Fundamental Principles and Rights at Work in 1998 C.182 (1999) Worst Forms of Child Labour Follow up to the Declaration reveals: number and the extent of the phenomenon: still a major problem new forms the need to look for labour regulation and control solutions

What are the keys to combating forced labour? Political awareness and determination. Many relevant actors in cases of forced labour: labour administration/labour inspection services; judicial system (labour, civil and criminal courts as well as police); immigration, customs and tax authorities etc.; social partners; NGOs, community groups and the public. Collaboration between actors is key (C. 81, Art. 5) (e.g. criminal and labour laws tend to overlap in the workplace in situations of forced labour).

The role of labour administration Labour administration means public administration activities in the field of national labour policy (C. 150) Competent authority for promoting collaboration between inspection services and other government agencies as well as the social partners Planning Cycle: policy development => action => reporting => evaluation (forced labour should be included in this planning cycle) Targeted action (e.g. geographic or sectoral campaigns - consider Brazil’s Special Mobile Inspection Unit) Mid to long term compliance should be the goal

The role of labour inspection (LI) Functions: secure enforcement of legal provisions (prevention and sanctions) (i.e. protect workers, not enforce immig. law) provide technical information and advice Purpose: to make sure workers enjoy their full rights and entitlements (even in situations of illegal or forced labour). To improve LI’s effectiveness in combating forced labour: increase monitoring to decrease incidence of FL communicate and coordinate action with other labour administrative units - methods and results (social security, tax authorities, border control, national, regional and international) awareness channels with social partners for victim protection.

Effective LI approaches to cases of forced labour Need plans and strategies linked to annual targets Inspector awareness and clear methodology (e.g. joint visits, inspection forms, lines of reporting) Training for inspectors as well as employers and workers Data collection and registries Innovative ways to plan/undertake visits (e.g. forced labour is often hidden or in areas that are poorly monitored or in private homes) Community networks New technology (e.g. Spanish plantations and Google Earth) Monitoring private employment agencies (C. 181, Art 14(2))

Planning At national level and in collaboration with all authorities involved and the social partners. Target sectors (in Romania the focus has been on the construction, clothing and textile sectors) Collect data Propose measures Coordinate action (e.g. labour inspectors can be the eyes and ears of the police in the world of work but it is important to have clear lines of responsibility) Monitor results

Action Plans or targeted actions should be put in place and monitored in sectors where forced labour is known or suspected. Inspectors should be trained and informed Forced labour practices and indicators On what to do when a situation of FL is uncovered Sensitization of employers, workers, law enforcement and judges. Communication channels (information sharing but mindful of confidentiality). New programs combining prevention and action.

Sanctions For fines to be effective they need to be dissuasive (adequate penalties C.81 Article 18) Publicize violations and violators through the media (naming and shaming) Timely enforcement (to protect the victims and to discourage violators)

Cross-border dimension Forced Labour often has a strong cross-border component (e.g. migrant labour) As such national plans need to be combined with international action for information sharing, detection and coordinated enforcement. Bilateral agreements in a regional context (e.g. European Network on Undeclared work to promote the exchange of expertise: Belgium, France, Germany, Italy and Romania) Need for a regional strategy: coordination International guidelines (e.g. Guidelines on undeclared work in Europe)

ILO Action Special Action Programme on Forced Labour (SAP/FL) Labour Administration and Inspection Programme (LAB/ADMIN): Supporting national activities (audits) Guidelines on undeclared work Supporting Senior Labour Inspectors’ Committee (SLIC) 6 May discussion in Bilbao on cross-border inspections Training materials (International Training Centre, Turin) Technical assistance projects (e.g. Norway) Comparative knowledge base (good practices)

Outlook The importance of labour inspection in combating forced labour is clear. New trends towards more comprehensive approaches in inspection: e.g. Ireland and Switzerland There is a need to tackle the problem at the highest levels and to plan for success. Joint national and international action is vital Economic crisis has increased worker vulnerability and with it greater risks for forced labour

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