Tag: Forced Labour

UN’s Pact for the Future to Address Modern Slavery 

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This month global leaders will attend the 79th UN General Assembly (UNGA) Summit of the Future, where the Pact for the Future will address the urgent need for action against modern slavery, human trafficking, forced and child marriage, and forced labour. The pact is an effort to contribute to Sustainable Development Goal Target 8.7, seeking to end forced labour, modern slavery, and human trafficking. The Pact for the Future will be adopted by leaders of UN Member states, which highlights the priority actions needed to address the global issue of modern slavery and human trafficking. 

This issue is critical considering the 10 million person increase in persons experiencing modern slavery over the last five years. This is a result of increased hardship and vulnerability due to Covid 19, climate change and national conflicts. The ILO and IOM with Walk Free Foundation produced a Global Estimate of Modern Slavery of 50 million people currently experiencing modern slavery, including forms of forced labour and forced marriage. 

There is a call to address the vulnerabilities of women and girls, who are victims of forced marriage and other forms of exploitation through gender inequality. There are considerations for the vulnerability of children and young people, and the nexus of vulnerability they face along with future issues posed by the climate crisis. There are considerations for migrant workers, who are 3 times more likely to be exploited by forced labour than non migrant workers. It is considered that “modern slavery affects people of all ages and is caused by collective injustice and cannot be addressed in isolation from other social issues”. 

For further reporting please see the Walk Free Foundation. 

EU Parliament Expands Actions to Protect Human Trafficking Victims

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The European Parliament will revise its rules to expand actions to prevent victims of human trafficking. This vote by the MEPS from April 2024 was an overwhelming majority with 563 voting in favour of the amendment and 17 abstaining, which will update the directive from 2011, which regards the prevention of trafficking in human beings and protecting its victims of sex trafficking and forced labour. Under the new amendment the EU’s actions will broaden to include the criminalisation of forced marriage, illegal adoption, and the exploitation of surrogacy. Furthermore, amendments outline: 

  • Increased coordination between anti-trafficking and asylum authorities
  • Criminalisation of services of trafficked victim, where the user is aware of the exploitation
  • Penalties for companies convicted of trafficking
  • Increased support to victims
  • Protecting victims of trafficking who have been forced into criminality. The amendment ensures that prosecutors are able to choose not to prosecute victims for criminal acts they were coerced into committing. 

For more information on this amendment, see the Amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims.

Increase of Forced Labour at European Holiday Destinations

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The International Labour Organisation (ILO) records that 20.8 million victims of forced labour are exploited by private enterprise worldwide. Since the reopening of the tourism industry post the coronavirus pandemic, seasonal employment at holiday destinations is under significant strain. This has led to an increase in forced labour in the tourism and hospitality industries of Greece and Cyprus. 

The World Travel and Tourism Council indicates that in 2019 Greece made €18 billion from tourism. The following two seasons impeded by lockdowns and international travel restrictions  have meant relatively null revenue. Since 2019, the Greek tourism industry has a labour shortage of 50,000 employees. Thousands of high-skilled hospitality and tourism workers lost jobs throughout the pandemic, or were forced to move to other industries since hospitality hours and wages would not cover the cost of living amongst inflation and high gas prices. However, with tourism rates back to pre-pandemic status in this years summer season, those who held onto jobs were forced to compensate for the labour shortage by working in extreme conditions with no days off. Staff worked 12-18 hour days, 7 days a week with no insurance, and many work in dangerous conditions. Furthermore, employers are shifting to recruit migrant workers without necessarily the language skills or experience needed for the jobs, which makes them particularly vulnerable to exploitation. There have been reports of employers providing ‘rotten food’, terrible working conditions and taking the tips of their employees. 

Some sectors including hoteliers, and as of June 2022 the hospitality industry, have a collective labour agreement which theoretically protects the rights of workers through fixed terms of employment and pay. However despite the mandate for authorities to hold regular inspections and issue fines for overworking or mistreatment of staff, reports suggest there are shortfalls in the Greek Labour Inspectorate itself, therefore inspections are rare. For example the island of Rhodes has only 2 inspectors. 

Governments of both Greece and Cyprus have looked to solve their labour issues by offering employment to Ukrainian refugees and migrants from non-Eu countries living in migrant camps, of whom 30,000 have social security and VAT numbers. As of June 2022, Cyprus issued 800 foreign labour permits and Greece will adopt this model for the 2023 tourist season. 

However both Greece and Cyprus have been spotlighted by cases of modern slavery pre the pandemic. In 2017 Greece was found to violate ‘Article 4 of the European Convention on Human Rights by not preventing human trafficking of irregular migrant workers’ in their agricultural sector, which was exposed through a case of violence against migrant workers picking strawberries.  In 2019, an ex-army serial killer exposed the exploitative system of migrants engaged in domestic work in Cyprus. Due to the migrant status of the women, their disappearances were not pursued diligently by authorities. This highlights the lack of regulation and structural protection for migrants in both countries, leaving those coming to work in the tourism sector also at risk of modern slavery in the form of forced labour, debt bondage, or coercive recruitment. 

Although both countries have the agenda to prevent labour exploitation, the economic and social pressure of the pandemic increased pressure on these issues. Employing migrant workers may offer a solution to the labour shortages, however the working conditions, pay and welfare of both domestic and foreign workers must be protected and regulated according to international standards. As well as violating fundamental human rights, the ILO highlights that forced labour is a ‘significant cause of poverty and hindrance to economic development’. 

 

Anti-Slavery Day 2022

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Marking Anti-Slavery Day 2022, approximately 49.6 million people globally live in conditions of slavery according to figures by the International Labour Organisation (ILO).

Of these, the 27.6 million people in forced labour, 17.3 million are exploited in the private sector; 6.3 million in forced commercial sexual exploitation, and 3.9 million in state imposed forced labour. 

HTMSE continues to support modern slavery victims and professionals, assisting them by connecting victims with experts in modern slavery across all areas of practice.

We encourage anyone, whether a professional, NGO, charity, business, lawyer, medical practitioner, or other expert or specialist organisation not listed in the HTMSE directory to sign up to create a profile by following this link: https://humantraffickingexperts.com/main/signup.

HTMSE’s Philippa Southwell will be lecturing on modern slavery compliance and ethical supply chains

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‘Forced Labour in Supply Chains’ event, organised by women’s rights organisation Romildamor, will be held on 12th August 2021. Philippa Southwell, HTMSE’s founder, will be attending and speaking on modern slavey compliance and ethical supply chains during the panel discussion along with Katharine Bryan, who is a Modern Slavery Research and Policy Manager at the Walk Free Foundation.

The discussion will address the issues of modern slavery and human trafficking in supply chains, their existence in the fashion industries, as well as business human rights and measures to rectify human rights violations in supply chains.

To sign up and for further information about the event, please see here.

VCL and AN v UK: ECtHR refuses referral to Grand Chamber

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European Court of Human Rights (ECtHR) has refused UK Government’s request that the case of V.C.L. and A.N. v. United Kingdom (nos. 77587/12 and 74603/12) be referred to the Grand Chamber. The judgment, handed down on 16th February 2021, is now final.

This was landmark case in which the Chamber of the ECtHR unanimously found breaches of Articles 4 (prohibition of forced labour) and 6  § 1 (right to a fair trial) of the European Convention on Human Rights

Philippa Southwell, HTMSE director, represented VCL in both domestic proceedings and in his application to the European Court of Human Rights in Strasbourg.  Also instructed on behalf of VCL were Henry Blaxland QC, Emma Fitzsimons and Stephen Clark of Garden Court Chambers alongside Michelle Brewer, a former tenant who left Chambers to become a First-Tier Tribunal judge in the Immigration and Asylum Chamber.

For the confirmation of the rejection for referral to the Grand Chamber please see here.

For the full judgment please see here.

G7 Told to Prioritise Tackling Forced Labour in Global Supply Chains

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As the G7 meeting gets underway, the Independent Anti-Slavery Commissioner, Dame Sara Thornton and the CEO of the Global Fund to End Modern Slavery, Alex Their, appeal to world leaders to prioritise a coordinated approach on tackling the global issue of forced labour in supply chains.

Writing in an article in the Red Box section of The Times, they recommend specific measures and commitments to solve modern day slavery, emphasising that it requires and investment of capital and political will. They appeal to the G7 leaders to condemn forced labour in goods and services in their supply chains and commit to enforcing this.

It is proposed that G7 agree on specific and measurable commitments, such as eradication of forced labour in the G7 supply chains by 2025, and worldwide by 2030. Then, they should agree on steps to harmonise their laws and standards, followed by increase in investment in the countries trying to do the right thing. Lastly, the article calls for a ban to all state-controlled forced labour.

To read the full article by the Independent Anti-Slavery Commissioner and CEO of the Global Fund to End Modern Slavery, please see here.

Child Rights and Corporate Social Responsibility

World Day Against Child Labour – 12 June 2021

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12th June was the official World Day Against Child Labour. Children around the world are routinely engaged in paid and unpaid forms of work that are not harmful to them. However, they are classified as child labourers when they are either too young to work, or are involved in hazardous activities that may compromise their physical, mental, social or educational development.

The World Day Against Child Labour was first launched in 2002 by the International Labour Organization (ILO) in order to bring awareness to the global issue of child labour and the action and efforts needed to eliminate it. This year’s World Day was the first since the universal ratification of the ILO’s Convention No. 182 on the Worst Forms of Child Labour. It 2021 is also the International Year for the Elimination of Child Labour.

As part of the observances, ILO and United Nations Children’s Fund (UNICEF) have released global estimated and trends on child labour.

As the Covid-19 pandemic continues, the report reflects on how it threatens to reverse years of progress in tackling the problem of child labour and assesses how the pace of progress towards ending child labour is likely to be affected by the continuing pandemic and the economic crisis that has accompanied it.

For more on the World Day Against Child Labour, please see here, whilst you can find the ILO and UNICEF report here.

The Continuing Impact of Coronavirus on Human Rights and Modern Slavery

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The continuing coronavirus pandemic poses risks to members of society beyond the immediate virus itself. Since governments around the world began introducing new legislation and lockdown procedures to enforce social distancing measures many organisations have highlighted the need to maintain protections for basic human rights, and ensure appropriate safeguards are in place for the some of the most vulnerable in society, such as victims of human trafficking and modern slavery; victims of domestic violence; children at risk of exploitation; and serving prisoners for whom an inability to socially distance may have severe consequences.

Domestically, NGOs and academics have warned many victims of modern slavery and forced labour trapped in exploitative situations will be unable to seek medical assistance or stop working, and many may further actively avoid seeking help for fear of contact with the authorities. Whilst some positive measures have been put in place to aid those impacted by coronavirus and lockdown measures domestically, such as the UK Government’s measures allowing victims of modern slavery to remain in government funded safe-house accommodation for three months, significant concerns continue to be raised for workers in international supply chains. Reductions in international trade have caused thousands of workers to have been left jobless, or facing joblessness, leaving them potentially vulnerable to exploitation and modern slavery. In Cambodia, over 20,000 workers in the garment industry alone faced job losses due to factory closures resulting from a reduction in trade with China, the US and Europe. Similar reports have emerged from other countries, impacting workers across all industries. However, the risks extend beyond becoming trapped in exploitative employment. Loss of income has led some workers and families having to resort to seeking high interest loans in order to survive, leading to many becoming victims of debt bondage; being forced to work to pay off the debt. This has become a particular concern for millions of informal workers in countries such as India, where many workers do not have bank accounts or official paperwork causing difficulties in accessing Government aid.

In addition to concerns for workers across the world becoming extremely vulnerable to modern slavery, forced labour, and other forms of exploitation as a result of losing their job and income, there are substantial concerns for those working in supply chains for high demand items. In particular, manufacturers of personal protective equipment used in medical services, such as rubber gloves, have come under scrutiny for their labour practices; with the conditions of migrant workers in rubber glove factories in Malaysia being described as ‘slave like’. With demand for these items continually rising, human rights organisations have implored governments not to ignore labour conditions and exploitation occurring across global supply chains in their production.

These impacts of the global pandemic may have profound effects beyond the individuals forced into exploitative situations, causing substantial delays in the progress of programmes to improve human rights globally. The UNFPA has conducted an analysis that suggests the economic impact of coronavirus, in conjunction with delays to programmes tackling issues such as FGM and child marriage, could lead to an estimated 13 million child marriages in the next decade, and an additional 2 million cases of FGM above what was previously predicted.

The coronavirus pandemic has increased the risks and vulnerability for many in society and will continue to do so for many years after the initial pandemic itself has ended. In addition to those trapped in violent, abusive, and exploitative situations at home, for many around the world the economic impacts of coronavirus have raised their vulnerability to potentially becoming trapped in bonded labour, forced labour or other forms of modern slavery. The raised demand for certain products, alongside an increased demand for work, has also exposed may factory workers potentially exploitative working conditions, and the impact on global programmes focusing on human rights have been delayed; potentially resulting in millions of additional cases in the coming years. It is vital to ensure that in tackling the global public health crisis much of the positive development in addressing human rights around the world is not undone, and Governments and private sector actors continue to address and improve the situations of society’s most vulnerable individuals.

UK Home Office releases new statutory guidance on the Modern Slavery Act 2015

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The Home Office has this week published statutory guidance under section 49(1) of the Modern Slavery Act 2015. The guidance covers indicators of trafficking, support, and the decision making process. The statutory guidance will replace a number of existing documents, namely:

  • Guidance: Duty to Notify the Home Office of potential victim of modern slavery
  • Victims of modern slavery: frontline staff guidance
  • Victims of modern slavery: competent authority guidance
  • Multi-Agency Assurance Panels Guidance

 

The guidance also provides clear and practical explanations on the fundamental definitions of human trafficking and modern slavery under the Modern Slavery Act 2015, providing examples of actions, means employed by offenders, and different forms of exploitation victims may be subjected to, whilst also including a section dispelling commonly held myths about human trafficking and modern slavery; for example, for human trafficking to occur an international border must be crossed. The guidance also provides important information on the distinction between human trafficking and human smuggling (also termed ‘people smuggling), listing a range of factors that might be used to identify the distinctions. More complex cases, surrounding issues such as forced marriages, potential ‘sham’ marriages, and illegal adoption are discussed in the guidance, which indicates how these issues may relate to human trafficking and modern slavery, but also how they may operate as distinct and independent offences.

A link to the full guidance can be found here.