Forced Labour and Trafficking in Human Beings Klara

Forced Labour and Trafficking in Human Beings Klara Skrivankova Trafficking Programme Coordinator

What is human trafficking z. Process of bringing an individual into a situation of exploitation through the use of various means of coercion and violence

Elements of trafficking z. The act of trafficking is defined identically in the UN Palermo Protocol, the Council of Europe Trafficking Convention, EU Trafficking Directice z Three core elements: 1. ACT – explains what is done 2. MEANS – how is its done 3. PURPOSE – why is it done

1. ACT(S) z Recruitment z Transportation z Transfer z Harbouring z Receipt of persons

ACTS z RECRUITMENT Covers whatever means – e. g. printed advertisements, verbal grooming, internet, family links z TRANSPORTATION Need not be across borders; regardless of status of the person moved

ACTS z HARBOURING when a person is detained and forced to submit to sex or work e. g. the accommodating of a person cannabis factory for the purposes of his/her work for which they have not offered themselves voluntarily

2. MEANS z. COERCION Use of force, threat of force – can be nonviolent or psychological. For example: a) Threats of harm or physical restraint b) Scheme, plan or pattern causing belief that non-compliance will result in serious harm or restraint (e. g. juju practice) c) Abuse/threat linked to immigration status d) Psychological pressure

MEANS z FRAUD and DECEPTION Deception by word or conduct, for example: a) Nature of work or services to be provided b) The conditions of work (including legality of employment) c) Extent to which a person is able to leave their place of residence and place of work

MEANS z. ABUSE OF THE POSITION OF VULNERABILITY Situation where the person believes s/he has no real or acceptable alternative but to submit to what’s being imposed. E. g. trafficker takes advantage of the situation of a victim linked to illegality, disability, age, addiction, debt etc.

3. PURPOSE z. EXPLOITATION (at minimum) - of the prostitution of others or other forms of sexual exploitation - forced labour or services (incl. begging – new EC directive) - slavery or similar practices; servitude - exploitation of criminal activities (new EC directive) - removal of organs

Identification of trafficking z Indicators – focus on the process and the three elements z Exploitation does not have to occur for trafficking to be established z Consent is irrelevant z Child trafficking does not require “means” element

Forced labour definition z Maintaining someone in a situation where his/her services or labour are obtained under a menace of penalty and to which s/he has not offered himself/herself voluntarily (ILO Convention No. 29) z Involuntariness and the inability to leave are the main constitutive elements

Identifying forced labour z 6 basic ILO indicators 1. Violence or threat of violence 2. Non-payment of wages/excessive deductions 3. Restriction of movement 4. Withdrawal of ID documents 5. Threat of denunciation to authorities 6. Debt bondage

Law: International legislation UN laws: Palermo Protocol (to be read together with mother convention) Council of Europe Convention on Trafficking Law – ECt. HR (Rantsev v Cyprus and Russia) Trafficked Person/ Forced labour victim EU Trafficking Directive 2011/36 ILO Forced Labour Conventions No. 29& No. 105

Remeber z Not all forced labour is trafficking -some people found in forced labour would have been trafficked z The conditions of exploitation are the main determinant, rather than the process how person arrived there. z. The type of work/activity is irrelevant– forced labour can be found in areas outside of usual industries (e. g. forced criminal activities, forced begging)

Continuum of exploitation SPHERE OF INTERVENTION TRAFFICKING PROCESS CRIMINAL LAW DECENT FORCED WORK LABOUR SPHERE OF LABOUR LAW INTERVENTION SPHERE OF MIXED NON -TRAFFICKING INTERVENTIONS

ILO global estimates z 20. 9 million people in forced labour worldwide z 22% sexual exploitation, 68% labour expl. z 1. 5 forced labourers per 1, 000 inhabitants in the EU and developed economies z Average period spent in forced labour is 18 months z majority exploited in their place of origin

THANK YOU! z k. skrivankova@antislavery. org z 020 75018920