Presentation on theme: "María José Chamorro Gender Specialist ILO Fighting Forced Labour and Trafficking from within the ILO."— Presentation transcript:
María José Chamorro Gender Specialist ILO firstname.lastname@example.org Fighting Forced Labour and Trafficking from within the ILO
I.ILO Conventions 29 and 105 II.Global and regional estimates III.Process for establishing an international standard IV.CEACR reports V.Actions by Employers’ and Workers’ Organizations
What is forced labour? ILO Forced Labour Convention 1930 (No. 29) “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.” Shall be punishable as a criminal offence
a) All work means all forms of work, services, and jobs, in any activity, industry, or sector, including the informal economy. b) The menace of any penalty covers a wide range of sanctions, including criminal penalties and different forms of direct or indirect coercion, such as physical violence, psychological threats, nonpayment of wages, and loss of rights or privileges. c) Offered voluntarily refers to workers’ free and informed consent for entering a working relationship and their freedom to leave that employment at any time. What is forced labour?
Abolition of Forced Labour Convention, 1957 (No. 105) Also forbids states to: a) impose forced or obligatory labour as a means of political coercion or education, b) as a punishment for expressing political views or for participating in strikes, c) as a method of mobilizing labour for purposes of economic development, d) as a means of labour discipline, e) as a means of racial, social, national, or religious discrimination. What is forced labour?
ILO Declaration of 2008 Four basic principles Freedom of association, trade union freedoms, and the effective recognition of the right to collective bargaining (C. 87 and C. 98) The elimination of all forms of forced or compulsory labour (C. 29 and C. 105) The effective abolition of child labour (C. 138 and C.182) The elimination of discrimination in respect of employment and occupation (C. 100 and C. 111)
Other ILO standards that prohibit forced labour among specific categories of vulnerable workers Convention No. 143 on Migrant Workers Convention No. 169 on Indigenous and Tribal Peoples Convention No. 182 on the Worst Forms of Child Labour Convention No. 189 on Decent Work for Domestic Workers What is forced labour?
Palermo Protocol: Trafficking in Persons 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. Forced labour and trafficking in persons
Forced labor Trafficking Trafficking and forced labour For organ harvesting For adoptions or forced marriages unless those cases lead to forced labour Forced prison labour Some cases of work in servitude Most human trafficking cases end with forced labour or exploitation for sexual purposes
Supplementing the 1930 Forced Labour Convention (No. 29) June 2013: The ILC recommended that the Office conduct a detailed analysis of the shortcomings in the coverage of the ILO’s current rules on forced labour. February 2013: Meeting of experts concluded that the shortcomings in enforcement of C. 29 should be addressed through standards. Two options: Protocol Recommendation March 2013: The ILO Governing Body decided that the 2014 International Labour Conference should decide on the nature of the new instruments.
Supplementing the 1930 Forced Labour Convention (No. 29) August 2013: The Office sent out a questionnaire with the two options to the member states. December 2013: Deadline for returning questionnaires. June 2014: Based on the questionnaire results, the ILO will formulate a draft standard to be voted on at the ILC.
Supplementing the 1930 Forced Labour Convention (No. 29) Role of civil society Answer the questionnaire directly. Cooperate with workers’ organizations in answering the questionnaire? Lobby governments to answer the questionnaire and to vote for a protocol at the next ILC.
The ILO’s oversight system: CEACR reports The Committee of Experts on the Application of Conventions and Recommendations (CEACR) reviews the reports sent by states on the Conventions they have ratified. It issues specific comments for the member states, through either direct requests or comments. The comments are published in an annual report.
Role of civil society Assist workers’ organizations in reviewing states’ reports and in preparing their own reports for submission to Geneva. Use the information contained in the reports in their work at the national level. The ILO’s oversight system: CEACR reports
2013 CEACR Report Guatemala, Jamaica, Mexico, Paraguay, Peru, United States, Bolivarian Republic of Venezuela C. 105: Guatemala and United States (sanctions for participating in strikes), freedom to express opinions opposed to the established social or economic system (Venezuela) C. 29, Trafficking: Jamaica, Mexico C. 29, Forced labour, including trafficking: Paraguay, Peru
2013 CEACR Report Examines the governments’ reports and the information sent by employers’ and workers’ organizations. Crosschecks information on related international standards. Refers to research by other international organizations (IACHR-OAS, UNESCO, etc.) Follows up on comments made in the previous report: progress monitoring. Very important source of information.
2013 CEACR Report Guatemala: Convention No. 105 Reviews government report and comments made by the Indigenous and Rural Workers’ Trade Union Movement of Guatemala (MSIGG) “The Committee urges the Government to [amend] the Penal Code, to ensure that nobody who peacefully participated in a strike [...] may be penalized by a prison sentence involving compulsory prison labour.” “The Committee also requests the Government to send information on the observations made by the MSIGG on the criminalization of social protests and trade union activities.”
2013 CEACR Report Mexico: Convention No. 29 Notes the adoption of the General Act of June 14, 2012 concerning the prevention, punishment, and elimination of offences connected with the trafficking of persons and protection and assistance for the victims of such offences. Strengthening of the legislative framework: the Inter- Ministerial Committee set up to prevent, combat, and penalize the trafficking of persons drew up the National Programme for the Prevention and Punishment of Trafficking in Persons. Participation of public servants in human trafficking. Protection of victims. Adequate and strictly enforced penalties.
2013 CEACR Report Paraguay: Convention No. 29 Analyzes the government report and the comments made by the ITUC and the National Confederation of Workers (CNT). Debt bondage of indigenous communities in the Chaco. Problem still exists. Labour inspection found no evidence: strengthening Requests information on the protection of wages, including the minimum wage and the operation of work stores. Requests information on the fines imposed on employers and on the compensation granted to workers.
2013 CEACR Report Peru: Convention No. 29 Analyzes the government report and the comments made by the CUT. Notes the approval of the National Plan to Combat Forced Labour and the creation of the National Committee. The CUT describes in detail the process leading to the exaction of forced labour in two specific situations in the Madre de Dios region: Farmers from very poor regions in the Andes who are victims of trafficking and debt servitude in the gold mines. Indigenous communities working in the logging sector. Government: creation of regional committees. Special labour inspection unit set up to combat forced labour.
2013 CEACR Report Peru: Convention No. 29 Trafficking in human lives: Standing Multisectoral Working Group against Trafficking in Persons 24-hour telephone hotline System for recording statistics of trafficking in persons and similar offences (RETA)
Vulnerable groups and key sectors Construction, including brick makers Agriculture and horticulture Forestry and logging Mining Apparel and textiles Cleaning and security services Food and packaging industry Domestic work and other forms of caring for dependent persons Factory work, chiefly textiles and apparel. Restaurants and catering Sex and entertainment industry Transportation (e.g., maritime) Activities in the informal economy, such as organized begging and street trading Construction, including brick makers Agriculture and horticulture Forestry and logging Mining Apparel and textiles Cleaning and security services Food and packaging industry Domestic work and other forms of caring for dependent persons Factory work, chiefly textiles and apparel. Restaurants and catering Sex and entertainment industry Transportation (e.g., maritime) Activities in the informal economy, such as organized begging and street trading Indigenous and tribal peoples Low-caste and minority groups Migrant workers, particularly irregular migrants Workers in informal companies or unorganized sectors Women, young people, and children are the most vulnerable
Why are they vulnerable? Difficult to find Isolated and remote workplaces Private homes Hidden or Invisible Social discrimination of indigenous workers Racial discrimination Caste system Poverty, debt, lack of education Low socio- economic status Discrimination against women workers Work in sectors that are vulnerable to exploitation Failure to report Gender Minors and minimum-age young adults exposed to WFCL (trafficking) Minors and young adults Exploited/tricked by recruiters Language, culture, no integration in the destination or deportation country Migrant workers Hidden from labor inspections Illegal status (residency and/or work permit) Work in illicit / illegal activities
Push factors Unemployment Low wages Poverty Lack of access to services Lack of protection and security Poor harvests Droughts & floods Lack of training Wars & conflicts Low social status Hope for a better life! Unemployment Low wages Poverty Lack of access to services Lack of protection and security Poor harvests Droughts & floods Lack of training Wars & conflicts Low social status Hope for a better life! Pull factors Employment possibilities Better wages Better income Benefits & social services Better, safer workplaces Food security and income security Lower risk of natural disasters Training & experience Political stability Nondiscrimination Pull of the big cities! Employment possibilities Better wages Better income Benefits & social services Better, safer workplaces Food security and income security Lower risk of natural disasters Training & experience Political stability Nondiscrimination Pull of the big cities! Push and pull factors
What can companies and their organizations do? Supply chain management Tarnished image of major companies in very different sectors: agriculture, construction, steel, electronics, textiles, footwear, etc. Subcontractors’ activities can affect their own reputation and that of the entire sector, repercussions on commercial relationships and on access to global markets.
Principles for company bosses in fighting forced labour and trafficking (10 principles). Specific ILO-OIE guidance tools for combating forced labour, including guiding principles, checklists, guidelines for assessing compliance, practical advice for introducing specific measures, good practices. What can companies and their organizations do?
Global Trade Union Alliance to combat forced labour and trafficking in persons (2007) and its plan of action Actions by national trade union organizations Actions by international union federations –International Textile, Clothing and Leather Workers’ Association reported on forced labour practices that affect migrant workers. It signed an agreement with Inditex to combat forced labour and to foster observance of international labour standards. –International Federation of Chemical, Energy, Mine and General Workers’ Unions and International Metalworkers’ Federation signed an agreement general with Umicore that includes a ban on forced labour. –ILO Lima and the Building and Wood Workers International reached an agreement to address the forced labour issue throughout Latin America and the Caribbean. What can workers’ organizations do?