No Way Forward No Going Back Identifying the Problem of Trafficking for Forced Labour in Ireland

Background to the Project The EU Council Framework Decision on Combating Trafficking in Human Beings obliges all EU member States to harmonise their domestic criminal legislation on trafficking by 2004 Including adoption of a common definition of trafficking consistent with the Palermo Protocol

Aims Methodology To identify and assess the situation with regard to trafficking for forced labour in ‘other sectors’ rather than for sexual exploitation. Questionnaires Interviews Case Studies Print Media Monitoring

Analysis Situation before and during entering Ireland Working Conditions Living Conditions Threats and Coercion Exiting the Situation and Future Plans Spread of Nationalities and Genders over Sectors

Situation before and during entering Ireland Background of Participants Reasons for leaving Recruitment Agency and Intermediary Payment to Agents Status on Arrival Promise of Work Sectors and expectations

Working Conditions Working Hours Pay Health and Safety Issues Social Control

Living Conditions Unsuitable accommodation Overcrowding Lack of Privacy Lack of Sanitation Poor heating

Threats and Coercion Obvious Threats - Physical Abuse - Confinement - Deception -Exploitation - Confiscation of Papers Subtle Threats - Late Payment of Wages - Treats of not renewing work permit - Threats of denunciation to authorities

Exiting the Situation and Future Plans Social Networks Vigilant members of local communities No longer needing a work permit Remain in Ireland and bring family here Return home – when money accumulated All wanted to work legally

Spread of Genders and Nationalities over Sectors Agriculture Mushroom farms Fruit/Veg picking FemaleEastern Europe Food Processing Meat ProcessingMaleBrazil, Nepal Services Restaurant Domestic Workers Male Female Pakistan Bangladesh Indian Pakistan Bangladesh Philippines Caring Professions Care Workers Female/Male Philippines Other Construction Security Firms Male Eastern Europe

Difficulties in helping victims Lack of understanding of what constitutes trafficking Individuals don’t recognise themselves as trafficked Without formalised procedures the victims could be viewed as undocumented and are in danger of being deported. Grey areas in existing legislation

Print Media Monitoring No reporting in the print media of trafficking for forced labour Where trafficking was reported it related to trafficking for sexual exploitation During this time migrants were portrayed by the media as being a benefit to the labour market

Conclusions Trafficking for forced labour exists in certain sectors Coercive practices of recruitment and employment are being used to exercise control over migrant workers There are difficulties in identifying victims of trafficking Without legislation there is a danger of the victim being punished while ignoring the perpetrator The problem is not just one of punishing the traffickers it is also a matter of protecting and assisting the victims No presentation of facts can convey the reality of the trapped individual

Recommendations Responding and protecting Understanding Preventing

Response and Protection Meeting International and European obligations Legal Protection for Migrant Workers and their Families An Emphasis on Protection Protection without forced compliance with criminal proceedings Creation of an anti-trafficking agency

Understanding Effective training Awareness-raising at all levels Further Research is needed Focus on outcomes not methods involved in trafficking for forced labour

Preventing Focus on countries of origin Empowerment of migrant communities

ESF Project Globalisation of Ireland The Work Permit System Lack of information in relation to undocumented workers Existing research suggests Domestic work/care work and Agricultural, Horticultural and Forestry Work are vulnerable to trafficking