Organised Crime, Modern Slavery and Waste Management

The waste management industry has been receiving increasing attention as a sector at high risk of modern slavery, with figures from the anti-slavery charity Hope for Justice suggesting about two thirds of forced labour victims have worked in the waste management sector.  The waste management sector is a multi-tiered industry with many complex supply chain networks. This complex network of supply chains makes it easy for individuals to be filtered into the system for the purposes of labour exploitation.  Such an accessible system has made the waste management industry very attractive to organised crime groups, with many groups operating in the sector also involved with other major criminal enterprises such as human trafficking, county lines drugs operations and arms offences.

Organised crime is often associated with grand ‘mafia-esque’ organisational structures, but these traditional organised crime groups are giving way to more dynamic fragmented groups that operate more fluidly. In May 2019 the National Crime Agency (NCA) released organised crime figures that suggested that the number of offenders involved in organised crime in the United Kingdom was approximately 181,000 , though this is considered a conservative estimate. As part of the same press release the NCA released its national strategic assessment for 2019 which discussed the changing face of organised crime and outlines the rise in modern slavery and human trafficking referrals. Public awareness of organised crime has risen recently with several high profile reports of prosecutions and police operations to tackle gangs and organised crime groups operating across county lines. However, whilst public awareness of organised crime and modern slavery is rising it does not seem that there is any widespread awareness of how these issues impact the waste management sector.

In 2018 the government published a review of serious organised waste crime, which outlined how organised crime groups would often “colonise” pre-existing legitimate waste markets. These criminal operations would often then function through other criminal enterprises, including modern slavery and human trafficking. In response to the issues of organised crime and modern slavery in the waste sector the Environment Agency committed to taking new measures to tackle these issues. Some of these responses have included increasing inter-agency collaboration to ensure that investigations and operations carry a bigger impact against organised crime, and specially training officers to spot the signs of modern slavery. Whilst public awareness of waste crime and modern slavery in the waste sector such measures by law enforcement and government bodies signal a firm awareness of serious and major criminal activity in the waste management sector, and a commitment to addressing these issues.

The Rise of Technological Responses to Human Trafficking and Modern Slavery

Technology and Human Trafficking

Technology, and in particular mobile applications, is being increasingly identified as an important method of tackling modern slavery and human trafficking. Mobile applications have recently been responsible for the identification of nearly 1000 cases of modern slavery in car washes around the country. With the release of the Modern Slavery Helpline annual report for 2018, which recorded approximately 1 in 7 reports were made by webform submissions or through the Unseen App, it is clear that there is a rising awareness of modern slavery and human trafficking in the UK and a significant proportion of reports are made through technological methods.

However, mobile applications are not the only technologies being identified and implemented to help tackle modern slavery and human trafficking. So far in 2019 there have been several reports of new implementations of technology to combat modern slavery and human trafficking. For example, satellite imaging being recently used in a study by Nottingham University to accurately map the number of brick kilns in India. Brick kilns in India, which are associated with the exploitation of labourers through forced labour and debt bondage, exhibit unique features that can be mapped by satellite imaging and it is hoped that other industries associated with modern slavery may be vulnerable to satellite imaging too; scaling this use of technology into a major method of tackling modern slavery in remote areas. By contrast, algorithms that measure activity against a set of variables have been piloted by banks in the Netherlands to identify unusual behaviour that may be indicative of human trafficking or modern slavery.

However, whilst the use of technology to combat human trafficking and modern slavery is advancing in new directions and receiving high profile acclaim concerns have been raised that technology merely constitutes a tool and its use alone may not be enough. TechUK, an organisation responsible for representing approximately 900 companies that develop technology, has raised concerns that for technological tools to be truly effective corporations need to ensure they have a strong anti-slavery culture with a willingness to act. Whilst strong corporate and social anti-slavery cultures are vital, the development of technological tools and processes to target human trafficking and modern slavery demonstrate positive commitments by a wide range of actors to tackling these issues. Many of these technological developments are recognised as new and as these tools are refined it is quite possible that technology will take play a greater role in combating human trafficking and modern slavery.

Modern Slavery Act 2018- What does it do?

Australia_Parliament_House_Lauri_Vain
Photo Credit: Business & Human Rights Resource Centre; Lauri Väin

New Modern Slavery Act 2018 in Australia introduces strict reporting requirements for businesses among other key objectives.

There has been significant interest recently over the introduction of the Modern Slavery Act 2018 (MSA) in Australia, and its likely coming into force in early 2019. The act will carry with it significant thresholds for businesses to meet in terms of reporting requirements. But what is the new act?

Section 3 (Part 1) of the MSA 2018 details the main objectives of the act are to:

  • Combat modern slavery,
  • Provide assistance and support for victims,
  • Establish an Anti-Slavery Commissioner,
  • Provide for detection and exposure of modern slavery,
  • Raise community awareness and provide education on modern slavery,
  • Encourage collaborative cross-sector and multi-agency responses,
  • Introduce provisions for the ongoing assessment of anti-slavery laws,
  • Criminalise forced marriage,
  • and, penalise further involvement in cybersex trafficking and CSE.

 

Statistically reports of  modern slavery in Australia are low in comparison to other countries, but there are concerns this is because of a lack of awareness on the matter. As part of this, there are concerns that businesses are not fully aware of the risks of modern slavery in their supply chains. Part of the act focuses on supply chain transparency, and appears to be heavily oriented towards tackling these issues. The focus on business accountability and corporate supply chains suggests a main focus on forced labour, which is not unsurprising given forced labour accounted for approximately half of all modern slavery cases in the ILO’s 2016 statistics. However, the objective statements of the act regarding forced marriage and child exploitation demonstrate the wide reaching and comprehensive aims of the act to eradicate modern slavery in all forms.

A link to the act itself can be found here.

Forced Labour in Technology Companies’ Supply Chains

PICTURE CREDIT: Alexandru-Bogdan Ghita/Unsplash
PICTURE CREDIT: Alexandru-Bogdan Ghita/Unsplash

On Monday a list was released by KnowTheChain ranking the top 40 global technology companies according to their methods to the address the risk of forced labour within their supply chains. The ranking considered factors including ‘purchasing practices, monitoring and auditing processes’. Within the production of tech goods there are many small components that are often sourced from places aimed at cheap production, in which the workers are vulnerable to exploitative and forced labour conditions. Despite this seeming removed from the end glossy product, supply chain regulation accounts for the network of all actors involved from the production, manufacture and distribution of the product, from which the company will profit.

According to this list, Intel, Hewlett Packard and Apple were the three consecutively highest-ranking companies. The assessment indicated that there is an evident correlation between large company size (and likely CSR budget) and the capacity to address the risks of forced labour within supply chains.

Since the list was initially complied in 2016, there has been progress made by most of the 40 companies. This is likely due to the growing pressure applied by modern slavery compliance legislation, which forces business practices to put their mind to the issue of forced labour. The UK’s Modern Slavery Act was considered the global benchmark solution to ensuring corporate supply chain transparency, and the USA & Australia have followed suit with similar supply chain provisions. Generically, this obliges commercial organisations submit a slavery and trafficking statement.

On top of this greater regulatory pressure, the rise in social media and accountability has led to higher consumer pressure on major technology companies to address the issues of forced labour.

For the full ranking by KnowTheChain, read here. 

North Korean Slaves in Foreign Territory Finance Regime 

Credit: BBC Panorama
Credit: BBC Panorama

Recent investigations have suggested that over 150,000 North Korean citizens are sent to work abroad in Poland, Russia and China in conditions alluding to ‘slavery’. The revenue produced is estimated over $1 Billion USD per year, the majority of which is funnelled back to North Korea to finance the dictatorship regime of Kim Jong-un.

In Russia, a worker anonymously reported that they are ‘treated like dogs here’ and they have to ‘give up being human’. They are paid over just $500 per month, of which almost all is paid to their North Korean ‘captain’, which is sent directly back to North Korea as ‘Party Duty’ or ‘Revolutionary Duty’. In Poland, around 800 North Korean labourers work primarily on shipyards, with extremely limited rights and substandard conditions. Although the company JMA denies having North Korean slave labourers, reporters were shown around the workplace and the ‘hotel’ in which the workers live on-site so they have no reason to leave. Furthermore, the Polish government suggests that all workers are under EU slavery regulations and there is no evidence of money being sent back to North Korea.

Defended in some respects as a positive system as workers are given the opportunity to have a ‘glimpse of the world’ when sent abroad to work, the conditions in which they are working is undoubtedly modern slavery. In December 2017, the UN sanctioned North Koreans working abroad with host nations having 2 years to comply, to prevent the finances fuelling the North Korean army, nuclear program and the luxurious living of Kim Jong-un.

For a video report on North Korea’s Secret Slave Gangs, see here. 

Trafficking Victims Forced Into Illicit Massage Business

There are over 9,000 known illicit massage parlours within the USA, with an estimated annual revenue of $2.5 Billion. This accounts for the second highest bracket of human trafficking.

Workers ​in illicit massage parlours are often criminalised or punished for a job they may have been forced into. While some sex workers make the conscious decision to enter the line of work, many within the illicit massage business are victims of human trafficking and therefore work under conditions of force, coercion, fraud and deceit. Due to the underground nature of the business, crime lords and business owners have the ability to protect themselves and their own identities amongst the vast network of people involved. This poses a major issue as employees lower in the supply chain bear the consequences, on top of working under inhumane conditions.

Trafficking cases within massage parlours accounted for the second highest bracket in the USA in 2017, (to escort services as the first) with 2,949 out of 32,000 cases of trafficking recorded by National Human Trafficking Hotline. There are over 9,000 known illicit massage parlours within the USA, with an estimated annual revenue of $2.5 Billion.

However, these figures are a small estimation in the total scope of the problem. Naturally it is a crime that is difficult to quantify, as victims often do not know they are being taken advantage of or are manipulated into keeping quiet​, through threats and control mechanisms​. The victims are statistically most often women from China or South Korea, in their 30s-50s who have had children, speak very little English and are in positions of debt or financial pressures, in which they would have been taken advantage of by seeing this opportunity.

The perpetrators may use these vulnerabilities to fraudulently or deceitfully recruit women. The recruitment advertising often hides the sexual element of the work and also understates the pay, leading victims into debt to their traffickers. In addition, they may use coercion, legal and emotional manipulation, cultural shaming or deportation threats to force victims into commercial sex on an on going basis. Typical scenarios may be when women are told these circumstances are “normal in the USA” or “police are corrupt and will not help them”, or using blackmail by threatening to tell victim’s families of their sexual experiences. Their access to money, communication and national identification are most often confiscated.

The underlying cause of illicit massage businesses is to feed larger crime networks. ‘Front’ businesses are operated, including nail salons and laundromats, in order to launder money through and move victims between. However customers who engage in this business create the demand and therefore sustain the business.

According to the Polaris Project report, there are some obvious indicators as to which parlours are operating commercial sex, even if they do not openly advertise it. If they do, they promote to primarily male clientele through online sites such as Backpage.com and Craigslist. They will typically offer lower market price reflecting the wages of the women, if any. There will be private presentation of the business, often with windows covered and locks on doors with buzzer entry only. A significant indicator of trafficked victims is when the women live on site of the parlour.

The most effective way of combating trafficking in the massage industry is effective and local-national scale legal framework, with increased risk for the traffickers themselves rather than their employees forced into criminality or prostitution, with thorough law enforcement and consistent regulation. In the USA, 46 states reference industry standards for massage orientated businesses, yet these are usually only regulated on county or city level. Business operations including open hours, profit transparency, landowner responsibility should be enforced, and online advertising banned. On a broader scale, cross-state investigations into trafficking and crime rings should aim at the root of the issue, as well as avoiding media framing of ‘sex workers’ as the criminals rather than victims.

Slavery Still Pervades the ‘Fairtrade’ Coffee Industry

Historically, in counties such as Brazil, coffee was a majority slave industry. Although today slavery is illegal in all coffee producing countries, it still exists in forms of coercion, exploitation and forced labour in an industry of 26 million people.

In terms of developing country exports, coffee is the second most valuable commodity. The majority of capital is made via the end product, usually sold in the developed world via coffee shops and supermarkets. Due to the volatile price of coffee, there is significant risk of exploitation within the workers’ supply chain, stemming from its original sources primarily in developing countries. Farm owners have no leverage on the commodity price and therefore bear the consequences of price flux, making labourers on their farms the most vulnerable people within the supply chain.

Smallholders produce coffee on farms of less than 25 acres, and have relatively fairer working conditions and more sustainable production. In comparison to Estates, however, they do not have the resources to stay competitive when prices drop despite being responsible for over half of global coffee production. Estates produce coffee on more than 25 acres, and in contrast have economies of scale which do not suffer such consequences of price flux, however tend to be more exploitative than Smallholder farms. Harvesting coffee is a seasonal job, so migrant labour systems have developed (primarily) for Estates, often from poorer and desperate neighbouring regions, which leads to exploitation by farmers. Migrant workers who are extremely dependant on their employers are at high risk of being put out of work when harvest demands.

The major issues amongst coffee labourers tend to be low wages, lack of signed or contracts altogether, dismal living conditions including lack of privacy, safety, sanitation, and adequate housing. For example cases of 40-60 families living together in overcrowded warehouse spaces have been reported.

In 2016, countries that produced coffee using forced or child labour were Côte d’Ivoire, Colombia, Costa Rica, Dominican Republic, Guatemala, Guinea, Honduras, El Salvador, Kenya, Mexico, Nicaragua, Panama, Sierra Leone, Tanzania, Uganda, and Vietnam as recorded by the U.S. Department of Labour’s ‘List of Goods Made with Forced Labor and Child Labor’. However, along with the lack of supply chain regulation in this industry, there are limited comprehensive studies done to investigate forced labour. A 2012 report in Peru found that Fairtrade coffee did not produce a higher standard of work for farmers. In 2014, a study within Uganda and Ethiopia suggests the agricultural labourers of Fairtrade coffee had lower wages and living standards than non-Fairtrade labourers. The most extreme example is within Ethiopia where non-Fairtrade labourers earned 5% below the median wage whereas the ‘Fairtrade’ workers earned 60% below. This highlights an alarming example of unaccounted labour abuse within coffee supply chains that are presented as ‘Fairtrade’.

The issue stems from the Fairtrade Certification, which pays coffee producers who meet certain labour, environmental and production standards an above market ‘Fairtrade’ price. This aims to empower growers, particularly of the Smallholder bracket, to develop ethically and sustainably, whilst ensuring the coffee is of high quality. However, this system is problematic because it requires producer groups to be transparent and accountable when they do not have the incentive to do so. Consumer actions and intentions are relayed through the coffee roasters and importers, which is where the Fairtrade Certification is regulated and awarded. Critics suggest information is collected from voluntary surveys, and such stakeholders do not have the authority or means to ensure a forced labour free supply chain.

Evidence suggests that Fairtrade coffee does successfully assist some Smallholder coffee farmers, but it does not prevent conditions of forced labour or alleviate poverty as it intends. The Fairtrade certification must either be seen as a means for consumers to assist in the reduction of slave labour to work alongside other legal responses to abuses within this industry or it must be adapted and adopted as a centrally regulated certification. Alone, current means to denote a brand ‘Frairtrade’ does not have enough weight to eradicate forced labour from the global coffee supply chain.

 

World Day of Social Justice 2018: Focus on Migrant Worker Exploitation  

IFAD Remittances, the money migrant workers send home to their families, provide crucial financial support for millions of people in developing countries.
IFAD Remittances, the money migrant workers send home to their families, provide crucial financial support for millions of people in developing countries.

The UN International Labour Organisation (ILO) addresses the ‘World Day of Social Justice’ today, the 20th February by focusing on the rights of migrant workers. There are 150 million migrant workers worldwide, and 44% of which are women. Migration is most often fuelled or connected to the need for employment, therefore workers are acutely vulnerable to forced labour, coercion, discrimination and exploitation in unsatisfactory working conditions because they are overtly dependent on their employer in unfamiliar territory.

Director-General of ILO, Guy Ryder acknowledges that ‘’many migrant workers end up trapped in jobs with low pay and unsafe and unhealthy working conditions, often in the informal economy, without respect for their labour and other human rights. They often have to pay high recruitment fees to get a job, on average over a year’s wages – this makes them highly vulnerable to forced labour and child labour.”

If migrant labour is met with respect for human rights and basic working conditions according to the international labour standards, their contribution will deliver benefits to the host community as well as the families of those who are forced to migrate. This must be adopted at a global, national and regional level, and governance must be coherent between labour ministries and businesses.  The Global Compact on Migration will be amended later this year and will be essential to eliminating exploitation within migrant labour, and in turn contributing to social justice.

Read here for full details on ILO’s contribution to World Day of Social Justice 2018. 

 

Forced Marriage Remains Prevalent Globally

The Walk Free Foundation has released a report showing recent analysis of forced marriage globally. Victims of forced marriage, many being children and most often women, may undergo similar conditions to slavery. They are acutely vulnerable to sexual exploitation, domestic servitude, and other forms of forced labour.
The numbers are significant, showing ‘‘in 2016, an estimated 15.4 million people, or two in every 1,000 people, were living in a forced marriage. This includes marriages of both adults and children that were reported by the survey respondent to have been forced and without consent, regardless of the age of the respondent.
Being the most vulnerable targets, 84 percent of the total victims are women, and 34 percent of total victims younger than 18. All continents display cases of forced marriage, however highest known rates are in Africa, followed by Asia and the Pacific. The reasons for forced marriage are complex and cultural context specific, and are entrenched in gendered, cultural and religious beliefs where value is only assigned to women as wives, mothers and caretakers. Solutions to end forced marriage require legal change as well as a normative and systematic social shift by understanding and challenging the drivers of it.

See full report on Forced Marriage by the Walk Free Foundation.

Horrific Working Conditions Prevail in Thai Fishing Industry

Last week Human Rights Watch released reports bringing significant attention to the Thai fishing industry that highlighted human rights violations, including coercion or human trafficking.

The 134-page report, “Hidden Chains: Forced Labor and Rights Abuses in Thailand’s Fishing Industry,” describes how migrant fishers from neighbouring countries in Southeast Asia are often trafficked into fishing work, prevented from changing employers, not paid on time, and paid below the minimum wage. Migrant workers do not receive Thai labour law protections and do not have the right to form a labour union.

Despite previous warnings from the EU to ban Thai seafood imports and being listed under US human trafficking watch, the Thai government has struggled to enforce the stricter policies and reforms. Limited improvements for fishers were introduced through vessel inspections and maximum time at sea limited to 30 days, however the tangible results of these policy implementations have not met international standards.

Full article on forced labour in the Thai fishing industry.