Introduction1. Four years ago, the first <strong>Global</strong> Report on forcedlabour drew attention to the gravity of the problemsof forced labour in the modern world, with “ugly newfaces” such as human trafficking emerging alongsidethe older forms. 1 Since then the ILO has sought tomobilize world opinion behind the goal of a fairglobalization, in which people come first, with fullrespect for the core labour standards embodied inthe ILO Declaration on Fundamental Principles andRights at Work adopted in 1998. Tackling forced labourhead-on is one very practical way of contributingto achievement of this global goal.2. On the basic characteristics of contemporaryforced labour, much has been learned over the period.Importantly, the ILO is now less alone in calling attentionto new forms of forced labour and slavery-likepractices. There are encouraging signs of commitment,by ILO member States, employers’ and workers’organizations, and the international community, toaddressing the problems. Important developmentshave included the first national action plans againstforced and bonded labour, for example in Brazil andPakistan. There has been growing commitment tothe adoption of new laws or policies on the subject,for example in some east Asian transition economies.There are several regional action plans or declarationsagainst human trafficking, which increasinglyrecognize its forced labour and child labour dimensions.And following the recent entry into force of theUnited Nations Convention against TransnationalOrganized Crime, together with its Protocol toPrevent, Suppress and Punish Trafficking in Persons,Especially Women and Children (the TraffickingProtocol, also known as the Palermo Protocol), anumber of States have now begun to adopt new legislationor amend their criminal law in order to addressthe forced labour dimensions of trafficking.3. These are all significant developments. Andyet, in terms of real knowledge and awareness ofmodern forced labour, we seem still to see only thetip of a disturbing iceberg. The warning signalssounded four years ago seem to be even more justifiedtoday. <strong>Forced</strong> labour is present in some form onall continents, in almost all countries, and in everykind of economy. There are persistent cases of whatmay be termed “traditional” forms of forced labour.These include deeply entrenched bonded laboursystems in parts of South Asia, debt bondage affectingmainly indigenous peoples in parts of LatinAmerica, and the residual slavery-related practicesmost evident today in West Africa. There are alsovarious forms of forced labour exacted by the Statefor either economic or political purposes. <strong>Forced</strong> labourtoday also affects sizeable numbers of migrantworkers who are transported away from their countriesor communities of origin.4. Older forms of coercion and compulsion aretransmuting into newer ones. The bonded laboursystems of South Asia remain very much in evidencetoday, and account for the greatest numberof forced labourers in the contemporary world. Butthese systems have changed over the past three orfour decades. They now pervade different sectorsof the informal economy, as well as the agriculturalsector, where the lion’s share of bonded labour wasformerly to be found. Trafficking in human beingshas also taken on new forms and dimensions, linkedto recent developments in technology, transportationand trans national organized crime.5. <strong>Forced</strong> labour is an emotive subject, and governmentsare sometimes reluctant to probe into andrecognize its existence within their national borders.It is far from easy to generate and sustain the politicalwill to instigate the detailed investigations needed to1. ILO: Stopping forced labour, <strong>Global</strong> Report under the Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work,Report I(B), <strong>International</strong> <strong>Labour</strong> Conference, 89th Session, Geneva, 2001, p. 1.1
A GLOBAL ALLIANCE AGAINST FORCED LABOURidentify forced labour practices and confront them.The victims themselves may be reluctant to comeforward to provide testimony, fearing not only reprisalsfrom their exploiters but perhaps also actionagainst them by immigration and other law enforcementauthorities.6. To move forward effectively – in terms of law,policy, or practical action – it is essential to understandthe salient features of much contemporaryforced labour. First, it is most frequently exactedby private agents rather than directly by the State.Second, induced indebtedness is a key instrument ofcoercion, backed by the threat of violence or othersanctions against forced workers or their families.Third, the precarious legal status of millions of irregularmigrant women and men makes them particularlyvulnerable to coercion, because of the additionaland ever-present threat of denunciation to the authorities.Victims can be faced with the difficultchoice between accepting highly exploitative conditionsof work and running the risk of deportation totheir home countries if they seek redress. Fourth, agrowing body of research, in particular on the situationof the forced labour victims of trafficking inindustrialized destination countries, has served toidentify a serious legislative gap which makes it difficultto move forward against the hidden and oftensubtle forms of coercion in the private economy.7. <strong>Forced</strong> labour must be punishable as a crime.This is, in fact, almost universally the case today.The vast majority of ILO member States have ratifiedone or other of its two forced labour Conventions,and usually both. There tend to be outright prohibitionsof forced labour, along with slavery and slaverylikepractices, in national constitutions, in criminalcodes, and sometimes also in labour codes. Penaltiesmay be established by law for exacting forced labour(although these can be very small). Yet two problemsseem to be quite widespread throughout the world.First, with very few exceptions, forced labour is notdefined in any detail, making it difficult for law enforcementagents to identify and prosecute the offence.Second, and in consequence of this, there havebeen very few prosecutions for forced labour offencesanywhere in the world. A vicious cycle is thereby established:no clear legislation, little or no resourcesfor prosecutions, limited awareness or publicity, thusno pressure for clear legislation, and so on.8. On the other hand, member States need to domore than merely criminalize forced labour. Theyalso need to address the structural concerns, includingpolicy and labour market failures, that giverise to forced labour in the first place. <strong>Labour</strong> marketregulations or migration policies should be designedin such a way as to reduce the risk of workers gettingtrapped in forced labour situations. Such “softer”promotional measures can go a long way towardseradicating the conditions that ultimately lead toforced labour.9. This second <strong>Global</strong> Report on forced labouraims to do the following:● First, given that the term “forced labour” is oftenstill widely misunderstood, it explains how theconcept is defined in international law and discussessome parameters for identifying contemporaryforced labour situations in practice.● Second, it provides the first minimum global estimateof the numbers of people in forced labourby an international organization, broken downby geographical region and by form of forcedlabour.● Third, it gives a dynamic global picture of contemporarypatterns of forced labour, and of actionto eradicate it. This part opens with a criticalreview of legal frameworks against forced labour,and of law enforcement in practice. Successivesections then examine in greater depth threemajor categories of forced labour today: that imposedby the State itself for economic, political orother purposes; that linked to poverty and discrimination,primarily in developing countries;and lastly the forced labour outcomes of migrationand trafficking of vulnerable workers acrossthe world. The analysis can point to a considerableamount of good practice and commitment tomove forward on this sensitive topic. The last sectiondiscusses the extent to which modern forcedlabour is woven into the fabric of a globalizedworld.● Fourth, the Report reviews the ILO’s assistanceto member States for the eradication of forcedlabour – some of it implemented together withother international organizations. This reviewcan fortunately strike a more positive note thanthe first <strong>Global</strong> Report on the subject. The creationof a Special Action Programme to Combat<strong>Forced</strong> <strong>Labour</strong> has helped to galvanize the ILO’sefforts, to place the issues more firmly on the radarscreen of the ILO’s constituents as well as internationalpartners, and to initiate new operationalprogrammes. Moreover, a growing number of ILOactivities continue to address the specific problemof child trafficking.● Lastly, this Report looks to the future. The nextfour years will be of critical importance for facingup to contemporary forced labour. Importantgroundwork has already been done, and modelsfor integrated action against forced labour at thenational level are now starting to emerge. A keymessage of this Report is that, while the eradicationof forced labour is a tremendous challengeto all, it is nonetheless a manageable one. Withcourage and determination to stand up to crimeand corruption, and through the allocation of resourcesto back this up, member States and theinternational community can make real and measurableheadway in eradicating the different formsof forced labour documented in the Report.2