THE THIN RED LINE - victim identification & protection Conference on How to Enhance Assistance to Victims of Human Trafficking in the Baltic Sea Region. Helsinki, 19.March.2014 Anders Lisborg
Mar 29, 2015
THE THIN RED LINE- victim identification & protection
Conference on How to Enhance Assistance to Victims of Human Trafficking in the Baltic Sea Region. Helsinki, 19.March.2014
Anders Lisborg
3 Challenges - 3 Recommendations
• 5 new cross-cutting practical indicatorsPractical challenges identifying VoT’s
• Enhance multi-stakeholder partnerships (private sector engagement)
THB for labour exploitation
New challenge, new partnerships, new
solutions
• Understand and respond to victims needs (trafficking as stolen labour)
Assistance to VoT’s for labour exploitation
A. Workers in decent work conditions. General good standards inluding good living conditions and fair wagesB. Workers who knows the type of work they are recruited for and the working conditions, but who experinece
relatively hard conditions and low wages – within the limits of national labour and international standardsC. Workers / victims, who knows the type of work they are recruited for, but do not have sufficient information
or experience to foresee that they in relality end up in hard and unfair working conditions.D. Victims who have been decepted and tricked during the recruitment process and who end up in labour
exploitation and are threathend in various ways (financial penanlties) in oder to force them to stay and endure exploitative conditions. Exploitation of vulnerability.
E. Victims who have been forced and severely exploited including victims who have experienced kidnapping, confinement (locked-up) and physical violence. Clear-cut cases of THB and forced labour.
Source: Lisborg, 2012, Trafficking for forced labour in Denmark?
THE THIN RED LINE
- Workers (non-victims)
- Illegal migrants (non-victims)
- Exploiters & traffickers (should be investigated)
- Could lead to detention, deportation and criminal charges
Victims of human trafficking
(a serious crime)
- Right to protection & assistance Group people in a workplace – a potential trafficking situation
(mix of people / blurred picture)
- Workers (non victims)
- Illegal immigrants
- Traffickers & criminals
-Victims of trafficking
Get the picture right – who is who & how should they be treated?
(Identification process)
Categories and definitions
. Human Trafficking
Forced labour
Labour exploitation
Irregular work
Social dumping
Wide set of THB indicators
The challenge:
When is it THB OR when is it ”just” another form of exploitation and critical working conditions?
Identifying VoT’s – not just a technical debate, but a practical challenge for front line agencies
Grey areas and borderline cases – even ”experts” disagree
Complex realities
Often THB indicators present – but few clear cut cases…
Migrants who accept exploitative conditions because of fear of losing jobs (fired or blacklistet)
Trafficking for ”no labour” (paradoks) (Job scams)Migrants who “choose” to work long hours with almost no
days off Migrants who “choose” to live in cheap relatively
unacceptable conditions in order to save moneyMigrants who claim to be victims (but are in fact not) to try to
get compensation
Cases in Denmark
Since…35 persons identified as VoT’s for forced labour
Case conference, CMM staff (useful training)
Pilot new cross cutting indicators – to help social and case ´managers in ”drawing the line” making consistent decisions.
Recommendation / consider:
5 cross-cutting practical case assesment indicators:
A. Level of exploitation (ranking 1-5)
B. The Time factor (duration of exploitation)
C. Intention - The connecting thread…(linkages between recruitment and exploitation)
D. Coercion / compulsion (ranking 1-5)
E. Vulnerability and multiple dependecy (rank 1-5)
Trafficking (THB)
Forced Labour
Labour exploitation
The Bulls eye challenge
When it is not THB…
Still critical cases and conditions that should be adressed: Labour exploitation False recruitment (job scams)Slumlords (letting out apartments to vulnerable migrants) Illegal / undeclared work. Bankruptcy speculation Organised crime
Recom: Response flowcharts for non-THB cases…
Challanges to provide protection to Victims THB for Labour exploitation
More male victimsLess focus on trauma – more on compensationShelters often more for women and childrenNew service providers – partnerships needed
Understand victims needs and prefernces
- Listen and learn – VoT’s priority list ”Going back – moving on”- THB as stolen labour – return what was taken- Compensation- Job placement (from bad to decent work)- Learn from Trade Unions
New challenges, new partnerships, new solutions
Multi Stakeholder Partnerships (MSP)
Private sector, trade unions, trade associations, retailers / supermarkets, consumers (organisations),, labour inspection, tax authorities, police, municipalities, Immigration authorities; Social workers; Health services; Migrant organisations and communities
New approaches:
Privat sector engagement, - Business and human rights (THB) Supply chain management and monitoring, Code of Conducts, Coporate
Social Responsibility (CSR) etc.
Transparency in Supply Chains Act of 2010, California, USA EU strategy (2012-2016)
19.03.14
Helsinki, Finland
Anders Lisborg
www.centermodmenneskehandel.dk
TAK