A Global Alliance Against Forced Labour - International Labour ...

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GLOBAL ACTION TO COMBAT FORCED LABOUR341. Priority has been given to creating awarenessamong the social partners on the need for concerted actionagainst trafficking and forced labour. In January2003, SAP-FL and the ILO Bureau for Workers’Activities (ACTRAV) held an informal consultationin Geneva for representatives of workers’ organizationsand key resource persons on the issues of forcedlabour, irregular migration and human trafficking inEurope. 20 An Asian regional meeting in Kathmandu,Nepal, in March 2003, organized jointly by IPEC,SAP-FL and ACTRAV, brought together workers’representatives from across the region to discuss bothchild labour and forced labour. 21342. The new project on combating human traffickingand forced labour outcomes, covering theRussian Federation, Tajikistan and Uzbekistan, seeksthe more active engagement of trade unions in thisissue. An October 2004 meeting for trade union representativesin Moscow focused on ways in whichunions can improve conditions of Tajik and other irregularmigrant workers in the Russian Federation.An information campaign is now being plannedthrough trade unions in several parts of the country.Advising on law and policy frameworks343. ILO attention has been directed principally toensuring that national anti-trafficking laws, policiesand programmes give due attention to the labour dimensionsof trafficking. Detailed guidelines on traffickingand forced labour exploitation, intended inparticular for legislators and law enforcement agents,have been prepared. 22 The guidelines review newtreaty obligations as regards trafficking, as well as theILO’s own pertinent instruments. They discuss therole of civil, administrative and labour law, and providepractical guidance for identifying and protectingthe victims of forced labour, and for prosecuting recruitersand other trafficking auxiliaries. They alsoexamine the roles of different labour, law enforcementand other institutions in combating trafficking.These guidelines are already being put to practicaluse: for example, a Russian translation was presentedat an inter-ministerial workshop in December 2004in Moscow, to feed into the drafting of a new antitraffickingBill. An inter-ministerial workshop inGermany in November 2004 discussed the guidelines,as well as the findings of research in Germany,drawing attention to the forced labour experienced byirregular migrants in different economic sectors.344. Together with other specialized agencies, theILO has assisted governments and the social partnersin drafting or broadening the scope of NationalAction Plans against Human Trafficking in countriesincluding Albania, the Republic of Moldova,Romania and Ukraine. Under the auspices of ILOMIGRANT’s project in Albania, the Republic ofMoldova and Ukraine, assistance is being given onformulating a policy on “safe migration”, and in ensuringthat national employment plans benefit actualand potential trafficking victims. IPEC has supportedthe development of a large number of National Plansof Action against the Worst Forms of Child Labour,including specific National Action Plans againstChild Trafficking.345. In Nigeria, the newly established NationalAgency for Prohibition of Trafficking in Persons andOther Related Matters (NAPTIP) is now developinga National Plan of Action to combat trafficking,with ILO technical assistance. In September 2004,the ILO organized a national stakeholder workshopwith representatives of government agencies, workers,employers and NGOs from different parts of thecountry. Recommendations for the Plan of Actionincluded amendments to legislation, as well as channellingpoverty alleviation programmes to groupsvulnerable to trafficking and the establishment of anational monitoring system.346. Several countries have drawn on the provisionsof the Private Employment Agencies Convention,1997 (No. 181), to introduce a licensing system forprivate employment or recruitment agencies and tomonitor their activities. In Nigeria, for example,where the Labour Code is currently being revisedwith ILO assistance, a proposed system of licensingand monitoring of private recruitment agencies seeksto prevent their collusion with human trafficking networks.Elsewhere, labour inspectors are being givenspecial powers to inspect sites where forced labour issuspected, and to impose sanctions. For example, thenew draft Labour Code of Ukraine stipulates thatlabour inspectors have the right to visit any buildingsand premises where inspectors have reasonablegrounds to believe that forced labour is used.347. The ILO also tackles trafficking by encouragingmore open migration policies, arguing thatproperly managed migration can both empower migrantworkers and enrich their countries of origin.An objective of projects in Albania, the Republic ofMoldova and Ukraine, and in the Greater MekongSubregion, is to improve migration law and policy byintroducing monitoring of private recruitment agenciesand negotiating bilateral agreements on labourexchange. Given the magnitude of trafficking fromAlbania towards Greece and Italy, the ILO has promotedbilateral agreements to prevent child traffickingand to repatriate victims, and provided technical assistancefor the negotiation of these agreements. IPEC20. Consultation on the Forced Labour Outcomes of Irregular Migration and Human Trafficking in Europe, Geneva, 8-9 Jan. 2003. ILO:Forced labour, migration and traffi cking in Europe, Special Action Programme to Combat Forced Labour (unpublished document, 2003).21. Workers’ Consultation on the Role of Trades Unions in Fighting Child Labour and Forced Labour, Kathmandu, 3-6 Mar. 2003.22. ILO: Human traffi cking and forced labour exploitation: Guidance for legislation and law enforcement, Special Action Programme to CombatForced Labour (Geneva, 2004).75
A GLOBAL ALLIANCE AGAINST FORCED LABOURoperates a project against the worst forms of childlabour, including child trafficking, in eastern andsouth-eastern Europe, which adopts an inclusive approachto human rights, including social and labourrights for youth. 23348. In Pakistan, the thrust of ILO technical cooperationhas been to help the Government to implementits 2001 National Policy and Action Plan forthe Abolition of Bonded Labour and Rehabilitationof Freed Bonded Labourers (NPPA). The ILO providedinputs into the drafting of the Plan and thensupported two provincial seminars, hosted by thefederal Ministry of Labour, Manpower and OverseasPakistanis and provincial labour departments, toraise awareness of the Plan and its implementation requirements.Since December 2003, the ILO has supportedan Adviser on Bonded Labour to work withthe Ministry. Progress at policy level has been madeon several fronts, including overcoming obstaclesto expenditure out of the Bonded Labour Fund, revisingthe composition of the National Commissionon Bonded Labour Abolition and facilitating its meetings.Proposals have been made for amendments to theBonded Labour System (Abolition) Act and Rules, inline with changes in political and administrative structureswith the devolution of power to district level.349. In Nepal, the ILO project on the eliminationof bonded labour organized a Policy Workshop withthe Ministry of Land Reform and Management inNepalgunj in September 2002. Different organizationsmet to coordinate efforts for the rehabilitationof freed kamaiyas under the umbrella of overall governmentpolicy on the subject. Since then, the projecthas encouraged inter-agency cooperation through regularcoordination meetings. Positive outcomes of thisinclude, for example, the pooling of resources by theILO, the German Agency for Technical Cooperation(GTZ), ActionAid and other NGOs to undertake ajoint water supply/irrigation project for freed kamaiyas.Training and capacity building350. The ILO’s comparative advantage lies instrengthening the capacity of labour ministries andworkers’ and employers’ organizations to take effectiveaction against forced labour. Activities havebeen adjusted to the needs of different groups andregions. In Europe, SAP-FL’s initial efforts have focusedon labour institutions and labour inspectorates,improving cooperation with law enforcement agencies,including the police. In Romania, in cooperationwith MIGRANT, a tripartite workshop held inApril 2003 in Bucharest concluded that abusive recruitmentmechanisms contribute to vulnerability totrafficking and forced labour. A new training manualon the monitoring of such recruitment was validatedduring two training sessions in Bucharest, with participantsfrom the Ministry of Labour, organizedcrime and border police, labour inspectors, privaterecruitment agencies and trade unions. A subsequenttripartite validation and training seminar for southeasternEurope at the International Training Centreof the ILO in Turin (the Turin Centre) brought togetherparticipants from Albania, the Republic ofMoldova, Romania and Ukraine.351. These activities have prepared the ground fora new project on capacity building to combat theforced labour outcomes of human trafficking, coveringselected origin and destination countries ofEurope, which started in early 2005. Implemented bythe ILO and the Vienna-based International Centrefor Migration Policy Development (ICMPD), theproject aims to strengthen administrative controlsfor the detection of forced labour. Target groups arelaw enforcement officials, especially judges, prosecutors,police and labour inspectors. The project alsoseeks to strengthen the self-regulation mechanismsof private recruitment agencies and their businesspartners, and to incorporate the ILO module on themonitoring of private recruitment agencies 24 in nationaltraining curricula.352. At the national and regional levels, the ILO hasfrequently encouraged the inclusion of labour ministriesand the social partners in national steering committeesor task forces against trafficking. Importanceis attached to labour market institutions and informationand public employment services, and to encouragingnational trade unions to organize informal sectorworkers. In the Philippines, for example, transportowners and workers have been sensitized to cooperatewith port authorities and police in the interception ofsuspected traffickers. An ambitious new SAP-FL initiativefocuses on enhancing the role of labour institutionsin combating trafficking within and from China. Theproject aims to strengthen the law and policy frameworkagainst forced labour and trafficking, working with theMinistries of Public Security, Justice and Labour andSocial Security, the National People’s Congress and theLegislative Affairs Office of the State Council; providetraining to labour and other law enforcement officialsat provincial level; and engage workers’ and employers’organizations in the prevention of trafficking and inthe identification of victims.353. In Pakistan, a recent advance has been theinclusion of bonded labour in the training syllabusof the Federal Judicial Academy, the premier institutionproviding induction and in-service training tojudicial officers in the country. The first two trainingsessions were held in late 2004 in Islamabad and inQuetta, Balochistan Province. Plans are also under23. Project of technical assistance against the labour and sexual exploitation of children, including trafficking, in countries of central and easternEurope (PROTECT CEE).24. ILO: Traffi cking for forced labour: How to monitor the recruitment of migrant workers, SAP-FL training manual (unpublished document, 2003).76
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A Global AllianceAgainst Forced Lab
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REPORT OF THE DIRECTOR-GENERALA glo
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ContentsIntroduction . . . . . . .
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Introduction1. Four years ago, the
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PART IUnderstanding and measuringfo
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UNDERSTANDING AND MEASURING FORCED
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A GLOBAL ALLIANCE AGAINST FORCED LA
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