1. 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

2. 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

3. 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).

4. 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

5. 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.

6. 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))

7. 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

8. 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.

9. 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)

10. 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)

11. 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)

12. 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

13. Visit LAB/ADMIN online

14. Thank You 14