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Forced Labour in the Mushroom Industry Dr Jennifer Hamilton
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What is Forced Labour? UN legal instruments and ILO Conventions Number 29 and 105 on forced labour Convention No. 29 (1930) states that forced or compulsory labour shall mean: 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 himself voluntarily [Article 1 (1))]
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Belser (2005:2) outlined that forced labour represents: a restriction in human freedom; a violation of human rights; and the exact opposite of ‘decent work’ or ‘human development’ as defined by the ILO.
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The International Labour Organisation (ILO) indicators: Threats or actual physical harm to the worker; Restriction of movement and confinement, to the workplace or to a limited area; Debt bondage; Withholding of wages or excessive wage reductions that violate previously made agreements; Retention of passports and identity documents so that the worker cannot leave or prove his/her identity and status; and Threat of denunciation to the authorities, where the worker is in an irregular immigration status. Indicators of Forced Labour
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Deception Coercion Retention/withholding of identification documents Debt bondage Threats Coercion and deception are used to control and exploit victims. Victims may experience debt-bondage, the withholding of identity documents, threats and abuse, reduced/no pay, excessive working hours, dangerous conditions, poor accommodation and discrimination (Dowling et al. 2007: iii). Elements of Forced Labour
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Migrant Workers Restrictive and complex nature of migration regimes in Europe thought to contribute to their vulnerability and exploitation (Van den Anker 2009). Why? No viable alternative (Anderson and Rogaly, 2005) Vulnerable (Dowling et al. 2007: 10): Who is at risk?
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1950 European Convention on Human Rights International Covenant on Civil and Political Rights 1990 UN Convention on Migrant Workers 1998 ILO declaration on Fundamental Principles and Rights at Work International Policy
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2004 Asylum and Immigration Act 2004 Gang masters (Licensing) Act 1998 Human Rights Act (Article 54) 2009 Coroners and Justice Act Section 71 (Slavery, Servitude and Forced or Compulsory Labour) NI Policy Governed by UK UK Policy
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Victims’ experiences of forced labour can include: Reduced/no pay; Long/Excessive hours; Lack of holiday/sick pay/breaks; Poor health and safety provision and dangerous working conditions; Poor accommodation; Discrimination; Abuse – physical and psychological; and Threats, intimidation and isolation (Dowling et al. 2007: 8). Issues
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Migrant Labour Increase in migrant labour within the agricultural sector Low wage High turnover and demand Seasonal Mushroom Industry Labour intensive “Dehumanising” – Scott et al (2012)
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Mushroom Industry Exploitation Republic of Ireland Equality Commission Research in NI Qualitative interviews
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Research Findings Working below skill level Qualifications, skills and experience Documentation More than half initially undocumented Unaware of implications Accommodation Provided by employer Living conditions
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Research Findings Working Conditions Hours Pay Time Off Treatment Health and Safety Fear Discipline and Dismissal Redress
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Conclusion Continuum Exploitation and forced labour Borderline forced labour Deception False promises
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Conclusion Threats Exploitation Excessive working hours Health and safety issues Vulnerability
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Recommendations Partnership approach Reduce worker vulnerability “We want everything to be so that employers treat workers according to the law, with full employment rights” (interviewee)
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