Tricked and Trapped: Human Trafficking in the Middle East, â€Žpdf 4.1 MB

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attention also needs to be given to live-in domestic work: provision for inspection visits by labour inspectors in homes should be envisaged, in parallel with the establishment of appropriate legal frameworks to respect the inviolability of the home. ILO is currently developing guidance to provide technical advice on the inspection of domestic work. Action could also be taken to ensure that the entertainment and tourism industries are adequately regulated and monitored in order to guarantee a safe working and living environment. 5.4. ENSURING VICTIMS HAVE ACCESS TO JUSTICE AND COMPENSATION If victims of forced labour are to be effectively protected, they need to be able to complain to the competent authorities, have access to justice and obtain compensation for harm suffered. Governments in the Middle East could look at the possibility of adopting further legislative provisions to overcome the difficulties encountered by victims in gaining access to justice, for example by affording victims special protection or temporary residence permits (for those in an irregular situation); or by making authorities liable to sanctions if they fail to follow up allegations brought to their attention. 12 Obtaining compensation for the material and moral damages suffered is an important component of the rehabilitation of victims, as it facilitates the reconstruction of their lives outside the framework of dependence in which they have lived. Governments in the region that do not have yet an effective compensation system could explore the feasibility of different mechanisms, such as setting up a state fund or strengthening provisions in their specific anti-trafficking laws to recover compensation from offenders. 13 5.5. STRENGTHENING A WORKERS’ AND EMPLOYERS’ ALLIANCE AGAINST FORCED LABOUR AND TRAFFICKING 5.5.1. Workers’ organizations Trade unions are central partners in the fight against forced labour. ILO assistance for the activities of a global trade union alliance against forced labour and trafficking, led by the ITUC, has steadily raised awareness of forced labour and the role of trade unions in combating it. This work could increasingly cascade down to trade union activities in the Middle East, including legal advocacy, capacity-building activities, and support for designated trade union focal points with specific responsibility for forced labour and trafficking. It could also promote effective trade union participation in bodies such as the various national committees on human trafficking in countries of the Middle East. 12 Ibid., p. 38. 13 ILO: Conclusions of the Tripartite Meeting of Experts on Forced Labour and Trafficking for Labour Exploitation, Geneva, 15 Feb. 2013, p. 4. 157
Trade unions could help ensure that the existing legal framework provides appropriate protection to all affected workers. 14 They could also have a clear role to play, in cooperation with government agencies and specialized NGOs, in ensuring that the appropriate labour inspection and regulatory systems are identifying those who are being subjected to forced labour. 15 Trade unions should be supported in their efforts to monitor conditions of recruitment and employment, particularly in locations and sectors where the risk of forced labour and trafficking is serious, and where these conditions may escape the attention of labour inspection services. The ILO can provide technical assistance to trade union officers and their members who may need specific training, in order to identify and document cases of abuse, file complaints, and seek redress from the appropriate authorities. In addition, ILO programmes in the Middle East can strengthen the capacity of trade unions to organize those workers most at risk of forced labour, including in the agricultural, construction, domestic work and entertainment industries, and support their efforts to bargain collectively. Programmes could be developed in collaboration with the respective Global Union federations. Good practices have been identified in cooperation between trade unions in Middle Eastern countries and their counterparts in countries of origin, including countries that send many domestic workers to the region. Trade unions in the Middle East could promote these reciprocal arrangements, through which migrant workers affiliated to trade unions in their country of origin can also receive the benefits of union membership in the destination country. Trade unions are ideally placed to raise awareness, as they are mass membership organizations with direct access to the workforce. Trade unions in the Middle East could develop and disseminate tools adapted to each country in order to raise awareness on forced labour and human trafficking. Partnerships to raise awareness have already been signed in the region to combat debt bondage and trafficking among thousands of migrant workers who travel to work in these countries. Through these partnership agreements, trade unions exchange information and good practices. They also ensure that migrant workers are provided with information on their rights before they leave their home countries, and can access assistance once they arrive in the destination countries. 16 Finally, trade unions, together with other specialized agencies, could look into possibilities for providing counselling and vocational training opportunities that can empower victims of forced labour and allow them to return home 14 ITUC: How to combat forced labour and trafficking: Best practices manual for trade unions (Brussels, 2010), p. 18. 15 Ibid., p. 22. 16 Ibid., p. 24. 158
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In collaboration with TRICKED AND T
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Copyright © International Labour O
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officials, worker and employer repr
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3.3.2. Recruitment 101 3.3.3. Work
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MoJ MoL MWPS MoSAL NCCHT NCT NGO NH
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LIST OF TABLES Table 2.1. Dimension
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The realization of this research pr
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In an effort to fill gaps in unders
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There have also been cases of anima
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CHAPTER 1: FRAMING THE ISSUE 1.1. D
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People trafficked for any of the ex
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1.2. GLOBAL DEBATES ON HUMAN TRAFFI
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processes by which migrant workers
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Concerted efforts have been made to
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documented abuses against domestic
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CHAPTER 2: METHODOLOGY 2.1. RESEARC
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Table 2.1. Dimensions of forced lab
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Table 2.4. Indicators of impossibil
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2.2. OVERVIEW OF DATA COLLECTED In
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Having said that, the Middle East i
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individuals who voluntarily agree t
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3.1.2. Recruitment of domestic work
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domestic worker explained, “many
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An official from the NGO KAFA went
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Another Filipina explained the supp
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In Jordan, an official from Tamkeen
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workers supported by the NGO report
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on the balcony. When it got cold, I
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3.1.4. Impossibility of leaving Wor
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Legally, the domestic worker has li
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embassy three times to make an emer
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given that it is not easy for a mig
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Analysis of the information provide
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country, or whose relatives are dec
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3.2.2. Recruitment Recruitment of d
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to provide sexual services. Most of
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The research team was unable to int
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Box 3.9. A press report of traffick
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explained that in 2010 there were b
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There are conflicting views over th
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one nightclub owner in Amman. 144 T
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2011, three minors and three adult
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Many reports confirm the interlinka
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Some claim that the situation of ar
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finish working, especially Tunisian
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Investigations carried out by the I
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Detention of women accused of prost
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Lack of any economic and social alt
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3.3. OTHER ECONOMIC ACTIVITIES 3.3.
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Table 3.3. Overview of four process
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Indeed, many of those interviewed w
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workers, often requiring them to ta
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Page 109 and 110: The case of seafarers Stories emerg
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Page 113 and 114: of destination often happen through
Page 115 and 116: and we will find him a new job”.
Page 117 and 118: Degrading living and working condit
Page 119 and 120: Ministerial Decree 1186 (2010) was
Page 121 and 122: Retention of personal documents Lac
Page 124 and 125: CHAPTER 4: REGIONAL RESPONSES TO HU
Page 126 and 127: In Lebanon, the Government ratified
Page 128 and 129: trafficking efforts in the seven em
Page 130 and 131: stipulating that employers must giv
Page 132 and 133: In Kuwait, in the absence of a spec
Page 134 and 135: 4.1.5. Prosecution of human traffic
Page 136 and 137: Box 4.1. Ending the use of child ca
Page 138 and 139: 4.2. STRENGTHENING THE INSTITUTIONA
Page 140 and 141: order management officers at the ai
Page 142 and 143: government action has, however, bee
Page 144 and 145: Box 4.3. Ending forced labour in th
Page 146 and 147: among migrant workers and no protoc
Page 148 and 149: to the needs of their citizens. The
Page 150 and 151: Dialogue in 2008 to promote a colla
Page 152 and 153: CHAPTER 5: A WAY FORWARD Comprehens
Page 154 and 155: to legally terminate a contract aft
Page 156 and 157: 5.3.2. Taking measures to reduce vu
Page 160 and 161: with new skills, which will make it
Page 162 and 163: ANNEX: LIST OF STATES PARTIES TO KE
Page 164 and 165: BIBLIOGRAPHY National legislation B
Page 166 and 167: Lebanon Labour Code, 1946. Law on E
Page 168 and 169: International Convention on the Pro
Page 170 and 171: The Economist. 2010. “Little bett
Page 172 and 173: —. 2006. Multilateral Framework o
Page 174 and 175: —. 2011b. Qatar’s ambitions for
Page 176 and 177: —. 2010. The international legal
Page 178 and 179: Transient Workers Count Two. 2012.
Page 180: This regional study sheds light on
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