Improving Protection for Victims of Forced Labour and Human Trafficking

HRC-victim-human-trafficking-566x318

Children, women and men should be protected from forced labour and human trafficking which are two serious human rights violations. The latest International Labour Organisation (ILO) estimatesindicate some 20.9 million people around the world still being subjected to forced labour, and 880,000 in the European Union. Among these victims, 90% are exploited in the private economy, by individuals or private companies. Within this group, 22% are victims of forced sexual exploitation and 68% of forced labour exploitation in economic activities, such as agriculture, construction, domestic work or manufacturing.

An overview of the country reports of the Group of Experts on Action against Trafficking in Human Beings (GRETA) clearly shows that Europe is not immune to human trafficking and that certain groups, including women, children and minorities, are particularly vulnerable to this phenomenon. As illustrated by a study, the practice of human trafficking has a disproportionate impact on Roma, a group already suffering widespread discrimination and marginalisation.

The figures mentioned above, which are generally considered to be underestimates, are even more striking when we recall that slavery, servitude and human trafficking are clearly prohibited by international and European legal standards. Of particular relevance are Article 4 of the European Convention on Human Rights (ECHR) on the prohibition of slavery and forced labour, and the Council of Europe Convention on Action against Trafficking in Human Beings (anti-trafficking Convention), which celebrated its 10th anniversary this year. The latter has now been ratified by 42 out of 47 member states of the Council of Europe –all but the Czech Republic, Liechtenstein, Monaco, the Russian Federation and Turkey – and by one non-member state, Belarus.

It is important to keep in mind some fundamental distinctions. Forced labour is any work or service which is exacted of someone under the menace of a penalty and for which that person has not offered him or herself voluntarily.

A victim of human trafficking is a person who has been recruited, transported, transferred, harboured or received within a country or across borders, by the use of threat, force, fraud, coercion or other illegal means, for the purpose of being exploited. Importantly, a child is considered to be a victim of human trafficking if he has been recruited, transported, transferred, harboured or received within a country or across borders for the purpose of being exploited, regardless of whether any of the aforementioned means were used.

In the context of human trafficking, exploitation is to be understood broadly so as to include: sexual exploitation; forced labour or services; slavery or practices similar to slavery; servitude; the removal of organs.

To give some concrete examples, I was informed by the Austrian authorities that the most frequent human trafficking was for sexual exploitation, forced labour as well as slave-like situations of domestic workers of foreign diplomats. In Belgium, numerous cases of trafficking for labour exploitation have been documented, including the case of several Moroccan workers exploited by a construction company. In Italy and nearly all European countries, Nigerian women have been found to be trafficked for the purpose of prostitution.

Other widespread forms include cases of exploitation where children or persons with disabilities are forced to beg by traffickers. For instance, cases of trafficking of Roma children for forced begging were reported in France. Forced committing of petty offences is another emerging form of exploitation, as in the documented case of Vietnamese youths trafficked in theUK to work in cannabis farms.

A new international legally binding treaty to protect the rights of victims of forced labour

The 2014 Protocol to the 1930 ILO Forced Labour Convention provides victims of forced labour with similar rights as the Council of Europe Anti-Trafficking Convention establishes for victims of trafficking. The Protocol, which has so far only been ratified by Niger, requires that states parties take effective measures to prevent and eliminate the use of forced labour; provide protection and access to appropriate and effective remedies to victims, such as compensation, irrespective of legal status in the national territory; and sanction the perpetrators of forced or compulsory labour. All member states of the Council of Europe should swiftly ratify and fully implement this new instrument in addition to the anti-trafficking Convention

The importance of distinguishing human trafficking and people smuggling

Trafficking in human beings is very often closely linked with migration. Migrants, in particular when undocumented, are among the groups at high risk of exploitation. However, the smuggling of migrants and trafficking in human beings should not be confused.

While the aim of people smuggling is unlawful cross-border transport in order to obtain a financial or other material benefit, the purpose of trafficking in human beings is exploitation. Furthermore, trafficking in human beings does not necessarily involve crossing a border. For instance, In Bosnia and Herzegovina, the majority of victims of trafficking identified by the authorities were trafficked within the country.

Now more than ever, the terms “smuggling” and “trafficking” are employed interchangeably in relation to migrants crossing the Mediterranean sea or using the Western Balkan routes. Many states claim that they are taking measures against networks of “human traffickers” or even against “modern slavery” whereas such measures target in fact people smugglers. This discourse has been severely criticised by over 300 scholars from around the world as an attempt to “twist the ‘lessons of history’ to authorise unjustifiable violence”.

It is also important that measures taken against people smuggling do not have a negative impact on action against human trafficking. Referring to the humanitarian crisis in the Mediterranean region, GRETA recently called upon states parties to “ensure that migration policies and measures to combat migrant smuggling do not put at risk the lives and safety of trafficked people and do not prejudice the application of the protection and assistance measures provided by the anti-trafficking Convention”.

Clearly, military actions against boats used to transport smuggled migrants and the closing and militarising of borders should never be presented as solutions to the problem of human trafficking. On the contrary, in the absence of suitable legal migration solutions, these measures are likely to increase the vulnerability of those fleeing wars to exploitation by traffickers, including because they need to find money to pay smugglers for increasingly dangerous – and therefore expensive – ways to reach Europe. When it comes to preventing trafficking in a migratory context, the real solution is to open channels for legal (labour) migration and always protect the rights of migrants.

The need for a child-sensitive approach to combating forced labour and human trafficking

The economic crisis has had dire consequences on vulnerable groups, especially children. During my country visits, in particular to Spain and Portugal, I noted with concern that an increasing number of children are dropping out of school to find employment and support their families. This raises serious human rights issues, including the risk of the re-emergence of child labour, which hinders children’s development, potentially leading to lifelong physical or psychological damage.

Children are often considered as perpetrators of petty crime by law enforcement officials, when they are in fact victims of exploitation by the real criminals. Child victims of trafficking should always be identified as such by law enforcement officials, prosecutors and judges. This means that one should look beyond appearances in the field of juvenile justice, in order to be able to apply the non-punishment provision of the anti-trafficking Convention (Article 26) to victims of trafficking who have been compelled to act illegally by their traffickers. Still, this is not sufficient. Child victims of trafficking should also receive adequate assistance tailored to their specific needs. In this respect, I find it disturbing that, as I witnessed in Bulgaria, some trafficked children are placed in juvenile justice institutions instead of being given the full assistance they need. In the current context of migration, it is also worrying to note, as in Denmark, reports of disappearances of children from accommodation centres for unaccompanied migrant children. This is not acceptable. Children without parental care who have been confronted with exploitation must be protected and receive all the support they require in full compliance with the UN Guidelines for the Alternative Care of Children.

The need to involve all states and non-state actors in the action against forced labour and human trafficking

Exploiters and traffickers for the purposes of forced labour are mainly private persons (individuals or companies) exploiting other private persons. This means that the prevention of forced labour and trafficking should be geared at all parts of the supply chain in industries at high risk of exploitation, such as in the textile, agriculture or tourism sectors. National and transnational companies should be made accountable in case of human rights abuses, including through effective and appropriate penal sanctions, in line with the UN Guiding Principles on Business and Human Rights, regardless of whether exploitation takes place in Europe or in other parts of the world.

However, the European Court of Human Rights has made it very clear that states have a positive obligation under Article 4 of the ECHR to prevent forced labour and trafficking, to protect the victims and to prosecute the exploiters and traffickers. Member states of the Council of Europe should therefore live up to their crucial responsibility to respect, protect and fulfill the human rights of all victims – or persons at risk of becoming victims – of forced labour and human trafficking.

Paid Maternity Leave: A Policy Imperative

Living in a country so focused on the reproductive behaviors of women, from contraception to abortion, it seems preposterous that despite the myriad policy imperatives that want to control women’s fertility, there is no federal policy that supports our decision to give birth by granting us paid maternity leave.

Maternity Leave in America: Where are we at?This policy gap is even more significant given that the USA is the only industrialized nation not to mandate paid maternity leave and is one of only a handful of countries globally that does not. The countries that are members of the Organization for Economic Cooperation and Development (OECD) average 18 weeks of paid maternity leave. Maternity leave is a social, economic and health policy that has broad and significant impacts for individuals, families, organizations and nations.

(For reasons of brevity and simplicity I am deliberately focusing on maternity leave but it is important to note that many national and organizational ‘maternity’ leave polices are subsumed within parental policies that apply to both mothers and fathers).

Family and Medical Leave

In the USA, the primary policy related to maternity leave is the Family and Medical Leave Act (FMLA) which puts various kinds of family-related leaves into one unpaid 3 month pot which includes leave for caring for a parent and leave for caring for an child. However, New Jersey, Rhode Island and California provide state-funded paid family and medical leave that includes pregnancy and childbirth. These policies are paid for by employee-paid payroll taxes and distributed through disability programs – with ‘disability’ being an unfortunate, if economically useful, way of categorizing pregnancy and birth.

If they do not work for one of the top law firms of the Vault 100 or a Fortune 500 corporation that competes for top talent and grant paid maternity leave to attract and retain employees, women are generally out of luck. If you are a woman with a ‘regular’ job, what do you do when you get pregnant or have just given birth? You have to take upaid leave at a time when your expenses have increased. Thus many women return to work within weeks of birth. Though some women try to continue to breastfeed, not many workplaces allow for convenient pumping and so women find themselves having to wean their infants because of workplace conditions in addition to their ‘early’ return to the paid workforce.

Many feminist activists do not want to ‘provoke’ a paid maternity leave policy because they think it makes women stand out as needing different (special) treatment than men. The fact is we are different from men and therefore need different policies related to our health and well-being. We incubate human beings for 9 months. We also have breasts that can be the sole nutritional source for infants for more than 6 months. This highly differentiates women’s parenting roles from that of males, regardless of how egalitarian a construct we may consider parenting to be.

Gender and Class Differences

In order for women to get the policies we want, we should acknowledge the difference, own the power in that difference, and demand what we need to take care of the next generation. The absence of child benefits, dearth of subsidized high-quality childcare, costly access to healthcare, low-performing public schools and high tuition costs for tertiary education are evidence of a government that talks about supporting families while neglecting the policies that would do so.

Not many women can afford to take unpaid leave and the women who work for companies were paid leave is a perk are more likely to be able to afford to take an extended leave without being paid while doing so. By making work incompatible with motherhood, women are forced to make hard choices between taking care of their children and being in the workforce, and men are forced to make this choice. Leaving the workforce because of motherhood not only reduces present income, it also limits lifetime income on which pensions are calculated while maintaining and expanding the income gap throughout the lifespan.

Our social welfare policies push poor women to work and yet social norms push middle class and wealthy women to stay home. Taking care of one’s own child should not be an economic luxury. Our economic and social policies recognize childcare as a ‘job’ only if someone other than a parent is taking care of a child. If a woman is taking care of her own child, her contribution to the economy and society is not ‘officially’ acknowledged by society at large.

For women who qualify for subsidized childcare, it is counterproductive and expensive to pay so much more money for a non-parent to care for a child while being unwilling to support a woman to take care of her own child. With regard to paid maternity leave and subsidized childcare, it is clearly not just about money, but it is about values.

The Wage Gap

Maternity leave is a key factor in the gender gap in wages and employment and in the ‘family gap’ in income that exists between women with children and women without children. Forty to fifty percent  of the gender gap income can be explained by the family gap differential due to marital and parental status among women.

The absence of paid maternity leave in the USA has been perceived by feminists and public health professionals as anti-woman, anti-child and anti-family because it does not provide income for woman post-childbirth nor does it support the 6-month breast-feeding recommendations of the American Pediatric Association.

Health Outcomes

There is no coincidence in having no paid maternity leave and the poor health outcomes we have for infants/children in this country. This is not to say that this is the only policy to blame as health policies are also significant contributors to poor health outcomes in mothers, infants and children. Policy ‘obsession’ with humans in utero do not continue once children are born.

There is little regard for comprehensive sexual health education for children and adolescence and too much attention paid to contraceptive choice and abortion. Once the child is born, our social welfare and health policies leave all but the poorest of mothers to fend on their own. The poorest women qualify for Medicaid and WIC (Women, Infants and Children). This is reflected in lack of affordable, high-quality childcare, poor performing public schools, juvenile justice facilities that are full to overflowing, low high school graduation rates and college costs that leave young adults mired in debt.

The Price of Motherhood

The price of motherhood should not be so financially challenging. Is possible women in developing nations will simply choose to opt out of the motherhood game altogether? Though the fact that American women continue to give birth at such high rates despite a social welfare net that has very large holes is a social policy paradox that is not easily understood. The demographic and economic challenges of low birthrates are not so easily fixed by social policy. Doing research on this topic for an economics class on gender and family, it was really hard to find a rationale for the resistance to paid maternity leave in the USA so I’m not sure why we are stuck in some sort of policy dark age along with universal access to health care.

Where Do We Go From Here?

In 2010, Ernst and Young was listed among the top 10 family friendly companies by Working Mother Research Institute, provides new mothers with 12 weeks paid leave and 10 weeks unpaid leave. Bank ofAmerica, which was also on the top 10, gives a paid leave to either gender of 12 weeks and allows them to take a total of 26 weeks. These organizations are profit-making institutions that would not be handing out benefits if they did not make economic sense. Getting good benefits lead to staff loyalty that reduces the costs of staff turnover. Furthermore, the costs of educating and training women get recouped over time when women are retained in the workforce.

For women who are joining the workforce, paid maternity leave should be a consideration when deciding on potential employers because the economic, social, health, personal and family benefits that result from such policies contribute much to our overall well-being and that of our families and society at large.

As is the norm in the USA, paid maternity leave is a social and health policy that is attached to employment and an employer. This leaves women at the whim of the workforce. Paid maternity leave should be a federal concern and not dependent on the whims of workplace or state policies.

Modern Day Slavery in the UK

oscar-2014-supporting-actress-12-years-a-slave-steve-mcqueen-lupita-nyongo

Oscar-winning picture of the year 12 Years a Slave by accomplished British Director Steve McQueen attempts to tell how the brutal enforced capture of human beings was something that society at the time did not quickly recognise as wrong. However some of the critics of 12 Years a Slave have a negative view of the re-telling of a period in history which views people in this negative way.

But in reality slavery has not gone away and so this film is not a re-telling but a snap shot in time about something being reported currently as affecting many people. The autobiography of Solomon Northup represented in 12 Years a Slave; a person kidnapped and sold into slavery is an experience some people  are unfortunately experiencing currently. Today is better known as “trafficking” but the details of the terrifying actions and enforcement tell us that it is Modern Slavery.

The media may only recently be bringing the issue to light, but ‘Modern Slavery’ or ‘Trafficking’ has been a steady and significant issue in the UK for many decades.  It is seen as a serious crime in the UK, with new legislation being developed now in order to tackle it. With Social Work supposedly at the front line of this issue, how is it that Modern Slavery information and guidance is not provided, not mentioned and not prepared for across the board for social workers?

Adults and Children are trafficked into the UK on a daily basis and for many different reasons. They may be brought here from overseas for sexual exploitation, forced labour, domestic servitude or even to be a criminal- forced to engage in benefit fraud, etc. Many adults and children already live in the UK and are taken from their towns and cities to work elsewhere- in the UK and the rest of the world. This serious problem is a reality for so many, however even those lucky enough to escape their captors face further troubles from the Police or Border Agencies.

Those who contact the authorities for help are often arrested for being Illegal Immigrants, treated like criminals and not offered support and advice on what has happened to them. The brain-washing and disorientation of Modern Slavery means many people find it difficult both physically and psychologically to leave their captors, and even more difficult to understand that they are a victim.

The problems lie in the lack of information and awareness provided not only to the public, but to the agencies who deal with immigration and trafficking, especially those in Social Work. The shocking truth is that no Modern Slavery appears in any Social Work curriculum before graduation, and no training is provided thereafter. How we can be expected to tackle these issues with no information as a simple answer- we cannot.

Social Workers need training to be able to identify the signs of abuse and should be provided with more in-depth training to tackle Modern Slavery when they encounter it. The ‘Widespread Ignorance’ of the National Referral Mechanism must be acknowledged and changed. The Mechanism is the National Framework for ‘identifying victims of trafficking and providing appropriate support.’

Current recommendations from the reports released suggest that additional training must be provided to all involved, including social workers, border agencies and police. Modern Slavery must be added to the curriculum of study for all graduates of Social Work and also that a Modern Slavery Act needs to be established to abolish the mistreatment of those who have suffered and protect them from prosecution if they have been brought into this country by force. Read The Draft Modern Slavery Bill  published in the UK on 16th December 2013

Exit mobile version