Global Trade Union Alliance to Combat Forced Labour and Trafficking ITUC Human and Trade Union Rights Department ICTU Global Solidarity Summer School August 2009, Waterford, Ireland

Overview of forced labour The ILO’s minimum estimate of the number of forced labourers is 12.3 million. -Children are considered to make up between per cent of victims. -It is a global problem affecting all regions and most countries in the world. -The minimum number of people in forced labour as a result of trafficking at any one time is 2.45 million (counted in region of destination). -Some 20% of all forced labourers are trafficked, but there are big regional variations (e.g. in the Middle East and North Africa, trafficking accounts for more than 75% of forced labour.

Definition of Forced Labour ILO C29 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- or herself voluntarily

173 states have ratified ILO Convention No.29. Those which have not have all, except China, ratified the Covenant on Civil and Political Rights (Article 8 prohibits forced or compulsory labour). This reflects a decline in the use of forced labour by the State and a consensus that forced labour is not acceptable.

Forced labour tends to occur in labour intensive and/or under-regulated industries, particularly: Agriculture and fishingAgriculture and fishing Domestic workDomestic work Construction, mining, quarrying and brick kilnsConstruction, mining, quarrying and brick kilns Manufacturing, processing and packagingManufacturing, processing and packaging Prostitution and sexual exploitationProstitution and sexual exploitation Market trading and illegal activities (begging)Market trading and illegal activities (begging)

The way in which forced labour is used is constantly changing. After the abolition of slavery, formal ownership was no longer needed as forced labour continued through debt bondage, serfdom, indentured labour, conscription, etc. Forced labour continues to manifest itself in new forms. Private agents use a variety of coercive mechanisms to ensure access to a ready supply of cheap or even free labour.

Forced labour is usually obtained as a result of one of the following: Debt bondage Absence of State protection Restrictions on freedom of movement Violence, threats and intimidation

Menace of a penalty and lack of consent

UN Definition trafficking in persons Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children which supplements the UN Convention against Transnational Organised Crime Article 3 - Use of terms - For the purposes of this Protocol: (a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

A typology of forced labour

Forced Labour by form

Regional distribution

Regional distribution of trafficked forced labourers

Gender distribution trafficking

Profits

Smuggling of Migrants material benefit –usually financial- received for getting a person into a country illegally does not necessarily involve exploitation is a consensual relationship between the person to be transported and the person from whom the transportation is being purchased involves crossing an international border

Global Trade Union Alliance 2007 –ILO-ITUC Cooperation –Policy and strategy development Research Consultations ITUC General Council 2007 –Global Action plan Regional strategies –Europe: Athens, November 2008 Regional project in partnership with Anti-Slavery International –Africa: Nairobi, 5-7 July

Context Decent work for all –Mainstreaming the eradication of forced labour as the very antithesis of decent work is an essential component of the campaign for decent work for all Labour migration challenge –Legal barriers (un)documented migrant workers informal workers –Practical barriers Foreign languages Distrust trade unions Temporary/seasonal work

Why trade unions? Mandate: –Safeguard the rights of all workers –Improve wages and working conditions Structure: –Privileged access to workers –International/regional and sectoral structures Activities and programmes –Child labour –Domestic workers –Discrimination –Informal workers –Migrant workers

Promotion of ratification, advising on and monitoring of effective implementation of relevant ILO and other Conventions –Forced Labour Convention, 1930 (N°29) –Abolition of Forced Labour Convention, 1957 (N°105) –Labour Inspection Convention, 1947 (N°81) –Labour Inspection (Agriculture) Convention, 1969 (N°129) –Private Employment Agencies Convention, 1997 (N°181) –Migration for Employment Convention (Revised), 1949 (N°97) –Migrant Workers (Supplementary Provisions) Convention, 1975 (N°143)

Addressing forced labour and trafficking bipartite and tripartite negotiations and agreements Collective Bargaining Agreements International Framework agreements –ICEM/IMF-Umicore Codes of conduct

Monitoring Labour conditions –Employers –Employment agencies –Supply chains Through labour inspection systems –ILO Conventions no. 81 and no. 129 on Labour Inspection –Recruitment practices Private Employment Agency Convention no. 181 Use and feed ILO, UNHCHR, WTO supervisory mechanisms

Identification, documentation and public exposure of forced labour issues and cases Research, data gathering –Identify number of victims women Children Race/caste Migrant (undocumented) –Where? Sector Formal/informal Region/country/area

Awareness raising aimed at –trade union members –officials ITF World Cup 2006 Targeted public awareness campaigns –Deceptive recruitment practices, risk of exploitation SBSI, Indonesia –Labour rights DEOK, Cyprus UGT, Spain –Produce camapigning and advocacy materials ICTU, Ireland Use (trade unions’) mass media and existing infrastructure for the dissemination of information materials

Training Education campaigns on how to recognise forced labour and human trafficking and how to assist victims Develop training materials for: –Staff TUC, UK “Slave and forced labour in the twenty-first century” A Fact File, designed to stimulate and inform debate about the slave trade and forced labour. It is ideal for trade unionists interested in the issues that surround slavery and forced labour, and with activities linked to informative fact sheets can serve as a both an education and campaign tool. –Membership

Networking (bilateral, regional, global) Share research and data forced labour section in ITUC web site –Good practice –activities active mailing list –Exchange experiences –Exchange knowledge

Cooperation Partnership agreements Exchange of staff between sending and receiving countries –Bilateral BNS, Romania-ACFTU, China LBAS, Latvia-LO, Sweden CNTS, Senegal-CGTM, Mauritania CTRN, Costa-Rica-CST, Nicaragua MTUC, Malaysia-ITUC, Indonesia –Sectoral TEHY, Union of Health and Care Services, Finland-UNISON, Public Services Union, UK –Regional/international ITUC GUFs –UNI –IUF

Cooperation Cooperation with labour inspection services, other relevant national, regional or international authorities or interagency working groups. Participation in inter- agency commissions against forced labour and trafficking –Philippines Overseas Employment Administration has a tripartite governing board: Secretary of Labour and Employment TUC Philippines Association of Private Recruitment Agencies Alliances or coalitions with civil society organisations having recognised expertise and experience in relevant areas

Outreach and direct support Organise! –Informal workers –Unprotected workers (women domestic workers) –Migrant workers Recruit foreign staff members Exchanges staff with unions in sending/receiving countries –Target high risk sectors (GUFs) Construction Textile Agriculture Ship breaking and fisheries … –GFBTU, Bahrain-BWI, Building and Wood Workers’ Int. Address specific situations and needs (targeted action) –The TUC, UK launched a new Polish website to support the increasing number of Polish workers in the UK. The website - run by the TUC in partnership with Citizens Advice and Solidarnosc, Poland - explains the rights workers can expect at work, from the minimum wage and working time to holiday entitlement and sick pay; information about social issues such as housing and health; and guidance about what living and working in the UK is really like. –Legal assistance Integrate and represent vulnerable workers

Political and material support within trade union organisations Design a policy and endorse a strategy/action plan Install –Officers –Committees –Working groups Allocate the necessary resources

Discrimination Forced labour is for the most part rooted in poverty, discrimination and inequality. Any trade union strategy to fight forced labour should help eradicate all forms of discrimination based on: –race –colour –sex –religion –political opinion –national extraction –social origin

Internet Resources ITUC – –Mini guide –Newsletter –Video trailer –Best practices ILO – FTUB-Burma (Thailand) – TUC-UK – ICTU-Ireland – GEFONT-Nepal – UGT-Spain – ITF-Global – World Forced Labour Map –