Trafficking in human beings for the purpose of labour exploitation - A ...

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Policy makers and practitioners should consider: Exercising due caution in the qualification of the facts, provided that trafficking for the breach of labour rights are also provided as criminal offences. They should look into the constituent elements of labour related offences and trafficking to properly qualify the crime. The data available for this paper did not indicate a high number of prosecuted cases of labour exploitation. This is due to due to offence qualification issues, as described throughout this document. Grey areas should be taken into account when evaluating the prevalence of labour exploitation. In theory it is difficult to make definite differences between trafficking for labour exploitation, forced labour and illegal employment or violation of labour rights. This is even harder in practice. In order for trafficking to exist under criminal legislation, apart from the establishment of forced labour as the purpose, it is also necessary to establish the act and the means as the constitutive element of trafficking. This, in practice, implies that even if there are some elements of forced labour there has to be an act of recruitment and means and the perpetrator has to have the intention to commit this specific offence. Trafficking in Human Beings for the Purpose of Labour Exploitation: A reference paper for Bosnia and Herzegovina 54
Annex 1: International Labour Organization: Indicators ILO: Indicators of trafficking of adults for labour exploitation INDICATORS OF DECEPTIVE RECRUITMENT Strong Indicator Medium Indicators Weak Indicator Deceived about the nature of the job or location Deceived about conditions of prostitution Deceived about content or legality of work contract Deceived about family reunification Deceived about housing and living conditions Deceived about legal documentation or obtaining legal migration status Deceived about travel and recruitment conditions Deceived about wages/earnings Deceived through promises of marriage or adoption Deceived about access to education opportunities INDICATORS OF COERCIVE RECRUITMENT Strong Indicator Medium Indicators Weak Indicator Abduction, forced marriage, forced adoption or selling of victim Debt bondage Threats of violence against victim Violence on victims Confiscation of documents Isolation, confinement or surveillance Threat of denunciation to authorities Threats to inform family, community or public Violence on family (threats or effective) Withholding of money – OSCE BiH | July 2011 55
Page 3 and 4: This publication was developed by M
Page 5: 3.2. Protection of workers and proh
Page 8 and 9: problem is begging, mostly seen in
Page 10 and 11: Given that labour exploitation is l
Page 12 and 13: transnational in character, as the
Page 14 and 15: 1.4. European Union framework to co
Page 16 and 17: that the work is not voluntary and
Page 18 and 19: Trafficking in Human Beings for the
Page 22 and 23: servitude in a home. Those domestic
Page 24 and 25: Within each set, each indicator is
Page 26 and 27: thus creating a line of direct comm
Page 28 and 29: employment (revised), No. 105, abol
Page 30 and 31: would not constitute a criminal off
Page 32 and 33: the State through, for example, a c
Page 34 and 35: security, the legality of employmen
Page 36 and 37: of this Law or other laws in BiH re
Page 38 and 39: 4.1. Rulebook on protection of fore
Page 40 and 41: The basic forms of protection estab
Page 42 and 43: Example 1: Trafficking for labour e
Page 44 and 45: Example 3: Labour Exploitation - Ch
Page 46 and 47: Two workers used to work the night
Page 48 and 49: accused used the helpless position
Page 54 and 55: INDICATORS OF RECRUITMENT BY ABUSE
Page 56 and 57: International Labour Organization:
Page 58: INDICATORS OF ABUSE OF VULNERABILIT

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