1. Prevention of Forced Labour Forced Labour Exploitation and Counter Trafficking in the Baltic Sea Region Oslo, 8 June 2011 Klara Skrivankova, Anti-Slavery International, UK

2. What do we want to prevent? Exploitation all its forms  by addressing the root causes  by addressing the consequences in the long term

3. Effective prevention strategy  Specific – what works in one country or community might not be replicable elsewhere  Locally oriented – reaching also people outside of bigger towns  Part of a chain – anchored within NRM, linked with different actors, two-end in countries of origin and destination

4. Root causes should be tackled at both ends:  Focus on development and solutions for lack of opportunities in countries of origin  Focus on the demand for cheap, unprotected labour and exploitation as business model in destination countries

5. Multi-disciplinary approach  Different actors have different responsibilities and expertise  Tradditional actors: Governmental agencies, NGOs, IGOs  New actors to be involved: development agencies, monetary institutions, private secor, trade unions, labour agencies, customs and tax officials etc. – actors across sectors

6. Targets  Measures with effect in long-,medium- and short- term (sustainability!)  Measures in countries of origin (social and economic development; 3 levels of prevention)

7. Targets Measures in countries of destination  3 levels of prevention  Prevention of re-trafficking  Creation of regular migration channells  Harmonising the needs of the labour market with migration management policies

8. Research – prerequisite of effective prevention strategy  In-depth, outcome-oriented local research into root causes  Examination of inter-relatedness with other phenomena  Using information from trafficked persons  Both in place of origin and destination ! Principles of sensibility avoiding secondary victimisation to be applied

9. Understanding the issue: Problem continuum Violation of labour standards Trafficking F o r c e d l a b o u r

10. Understanding motivations  Economic motivations usually for both parties:  Lack of opportunities, need for income ►need to move for work  Exploitation of labour as a criminal enterprise ►high profit-low risk crime

11. Understanding demand Is demand a root cause?  Demand for cheap labour (demand for cheap goods )  Destination factors – exploitation as a business model

12. Understanding demand  Employer demand  Consumer demand  Third parties involved In practice combination of any of the three.  Why is demand met by trafficked persons?

13. Tackling demand  Need for an in-depth research  Need for understanding the motives, situation and questions of consumers  Alternative approaches – in settings with abolished prostitution, in settings with regularised prostitution

14. Different industries, different strategies  Forced labour in regular industries: agriculture, food processing, hospitality, cleaning, catering, fishing etc.  Domestic servitude  Criminal activities: cannabis cultivation, pick- pocketing, shoplifting, benefit fraud, bank fraud etc.  Grey zone: forced begging, forced prostitution

15. Prevention of exploitation by information – level 1 Accurate, understandable information for at risk groups:  About safe migration and work opportunities  About contracts, work conditions, labour laws  About places to turn for help – migrant support networks, anti-trafficking NGOs, embassies  About rights, especially labour rights

16. Prevention though awareness- raising/outreach – level 1 WHO?  All society layers - awareness of human rights violations at all stages of trafficking process  At-risk groups  Those in direct contact with (potential) victims  Societies in countries of destination to be made aware of working conditions of migrants

17. Prevention though Awareness- raising/Outreach – level 1  Clear, simple and age-appropriate messages  Message that empowers recipients to take action  Message that advises and recommends  Empowerment and provision of tools

18. Prevention through labour market etc. measures  Regulation of employment agencies  Managing migration through legal channels even for lower-skilled jobs  Access to trade union membership  Access to complaints procedures  Commitment to pay living wage  Compulsory provision of information for migrant workers in their language

19. Prevention and victim assistance – prevention of re-trafficking – Level 3  Prevention and assistance to trafficked persons must be interlinked  National referral mechanism is a bridge between prevention and protection  Proper identification and subsequent referral to adequate assistance is a start of both protection and prevention of re- trafficking

20. Access to justice as form of prevention of re-trafficking  Asserting rights – restorative justice is hugely empowering  Possibility to obtain compensation – financial independence  Hitting the traffickers where it hurts the most – taking profits away to compensate victims

21. Examples from practice -UK  UNDERSTANDING THE PROBLEM: Pan-UK research by private foundation on forced labour and linked phenomena – migration, labour market regulation, business engagement – utilising the concept of a continuum  TACKLING UNDERLYING PROBLEMS: Living wage campaign

22. Examples from practice - UK EMPOWERING AT-RISK GROUPS:  Trade union partnerships e.g. UK-Poland, UK-Bulgaria  Migrant domestic workers visa – can change employer within the same category  Gangmaster’s licensing authority – bad operators moved into other industries

23. Examples from practice - UK ADDRESING SUPPLY CHAIN RISKS  Rugmark brand – assurance that no illegal child labour was used in production  Fair Play Campaign – London 2012  Monitoring of supply chains by companies+NGO to identify risks – Ethical trading initiative, Cadbury’s cocoa partnership

24. Examples from practice - UK PREVENTION THROUGH DETERRENCE  Increasing jurisprudence (still low)  Introduction of a stand-alone criminal offence of forced labour  Successful use of employment tribunals  First compensation order in criminal proceedings in 2011

25. Problems  Insufficient jurisprudence – geographical imbalance  Migrant domestic worker visa does not apply to diplomatic households + at risk of being scrapped  Gangmaster’s licensing authority has limited reach – needs to be extended  Practically non-existent labour inspection  Supply chain risk management does not focus on the UK – sweatshops in Leicestershire

26. R v Khan, Khan, Khan Trafficking for forced labour – restaurant trade  “ xxx were lead to believe they were valued employees….” And that the fact that they returned attested to the control they were under and was an “evidence of further exploitation by the offenders of personal circumstances of which they knew they could take advantage of.”

27. QUESTIONS ????? ?????