Modern Slavery in the Construction Industry 2 Contents
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HIDDEN IN PLAINSIGHT SITEMODERN SLAVERY IN THE CONSTRUCTION INDUSTRY 2 CONTENTS Executive summary 3 Definitions of terms 4 Background/methodology 6 Facts and figures on modern slavery 7 Modern slavery in the construction industry: the issue 8 Risk: Labour 9 Risk: Building materials 13 Examples of labour risks and incidents across the world by region of destination 14–26 Europe 14 Middle East 17 Americas 23 Africa 25 Asia 25 Procurement: materials and products used in construction 27 Global standards on business and human rights 31 State Duty to Protect: the role of governments in regulation and legislation 33 Corporate Responsibility to Respect: the role of construction companies 37 The Dhaka Principles 39 Key elements for construction companies in tackling modern slavery 40 Additional guidance 42 Change ahead: other stakeholders 43 Endnotes 45 3 EXECUTIVE SUMMARY An estimated 7 per cent of the global workforce works in ›› State Duty to Protect human rights: Governments need to construction. Many millions of people building homes, offices put in place regulation and legislation as a legal framework and infrastructure. The work is often hard, manual labour. for accountability and prosecution. The United Kingdom and A proportion of them do not do this out of free will; they are United States have introduced laws in the last few years that forced to work and are exploited. are viewed as game changers. Some other countries are in the process of passing laws on transparency in supply chains and More than 45 million people are estimated to be entrapped in modern slavery. modern slavery across the world. They are deprived of their freedom for the personal or financial gain of their exploiter. They ›› Corporate Responsibility to Respect human rights: end up in this situation either by deception or coercion. Construction companies can play a key role by identifying, mitigating and preventing modern slavery in their operations This crime occurs on any continent, in any country; anywhere and supply chains. This report points out key steps exploiters try to make money out of people who are vulnerable. businesses can take to tackle the issue, across a range of Exploitation for forced labour is one of the key types of modern roles and departments within businesses. Taking these steps slavery. Labour-intensive sectors where temporary and is an opportunity as well as a need for businesses. irregular work are common, as well as low-skilled and low-waged jobs, are considered high-risk sectors for forced labour. The ›› Access to Remedy for victims: Construction companies construction sector fits this description in regard to labour in and governments should put in place effective remediation the industry and procurement of building materials. Both areas measures. are at risk and known to be affected. Investors, civil society and the media are other stakeholders Due to the hidden nature of modern slavery and the complexity that have a role to play by influencing the private and public of construction supply chains, identifying and addressing the sectors to fulfil their duties. With benchmarking becoming issue is complicated. A range of stakeholders have roles to play. more common, all these stakeholders have already used The ‘Protect, Respect and Remedy’ framework in the United their power to have an impact on tackling modern slavery Nations Guiding Principles on Business and Human Rights in industries that more customer-facing than construction. provides structure: Now it is time to also address modern slavery in the construction sector. 4 which is exacted from any person under DEFINITIONS OF TERMS the menace of any penalty and for which the said person has not offered themself voluntarily”.4 MODERN SLAVERY benefits to achieve the consent of a person having control over another The 1930 Convention on Forced Labour An umbrella term that covers various person for the … was complemented in 2014 by a protocol terminologies used by different entities that added new elements, such as the ›› and people in regard to slavery, forced purpose of exploitation. Exploitation obligation for states to take steps and and bonded labour, human trafficking and includes, at a minimum, the to exercise due diligence in both the the worst forms of child labour. The 2016 exploitation of the prostitution of public and private sectors to prevent Global Slavery Index defines modern others or other forms of sexual forced labour in their practices or supply slavery as “situations of exploitation that exploitation, forced labour or services, chains. Also required is the protection a person cannot refuse or leave because slavery or practices similar to slavery, of victims, providing them with access of threats, violence, coercion, abuse of servitude or the removal of organs. to appropriate and effective remedies, power or deception”.1 The recruitment, transportation, transfer, such as compensation, and effective harbouring or receipt of a child (under 18 sanctioning of perpetrators.5 HUMAN TRAFFICKING years old) for the purpose of exploitation The United Nations Protocol to Prevent, shall always be considered trafficking BONDED LABOUR/DEBT BONDAGE Suppress and Punish Trafficking in in persons, even if it doesn’t involve the The status or condition where a person Persons defines trafficking in persons as means of threat, use of force or coercion has pledged their labour or service or that 2 the: as described above. of a person under their control, as security for a debt, where the fair value of that ›› act of recruitment, transportation, There is a common misconception that labour or service is not reasonably applied transfer, harbouring or receipt of human trafficking involves smuggling towards the liquidation of the debt, or the persons by … or requires that the trafficked person is length and nature of those services are not illegal in the country of destination.3 ›› means of the threat or use of force or respectively limited and defined6 i.e. the other forms of coercion, abduction, person is tricked and trapped into working FORCED LABOUR fraud, deception, the abuse of power for very little or no pay. The debt is often a or a position of vulnerability, or of the Defined by the International Labour loan provided to cover the recruitment fee giving or receiving of payments or Organization (ILO) as “all work or service and travel to take up the role.7 CHILD LABOUR (b) The use, procuring or offering of 5 a child for prostitution, for the As UNICEF states, children around the production of pornography or for world are routinely engaged in paid and pornographic performances. unpaid forms of work that are not harmful to them.8 Children’s or adolescents’ (c) The use, procuring or offering of a participation in work that doesn’t affect child for illicit activities, in particular their health and personal development, for the production and trafficking or interfere with their schooling, is of drugs as defined in the relevant generally regarded as being something international treaties. positive. However, when children are (d) Work that, by its nature or the either too young to work as defined by circumstances in which it is carried the ILO or they are involved in hazardous out, is likely to harm the health, safety WHEN CHILDREN activities that may compromise their or morals of children.10 physical, mental, social or educational ARE EITHER TOO development, it is classified as child TYPES OF MODERN YOUNG TO WORK OR labour.9 SLAVERY EXPLOITATION THEY ARE INVOLVED THE WORST FORMS OF CHILD LABOUR ›› Forced labour IN HAZARDOUS The ILO has made it a priority to eliminate ›› Criminal exploitation e.g. benefit fraud, the worst forms of child labour, which it cannabis cultivation, pickpocketing, ACTIVITIES THAT defines as: drug trafficking MAY COMPROMISE (a) All forms of slavery or practices ›› Sexual exploitation similar to slavery, such as the sale THEIR PHYSICAL, ›› Domestic servitude and trafficking of children, debt MENTAL, SOCIAL bondage and serfdom, and forced ›› Forced begging or compulsory labour, including OR EDUCATIONAL ›› Forced marriage forced or compulsory recruitment of DEVELOPMENT, IT children for use in armed conflict. ›› Organ harvest IS CLASSIFIED AS CHILD LABOUR. 6 AT ANY BACKGROUND/METHODOLOGY GIVEN POINT The aim of this report is to bring using media coverage from the attention to the issue of modern licensed collection of almost 6,000 slavery in the construction industry of the most influential news sources IN TIME across the world. from more than 100 countries, the LexisNexis Human Trafficking Desk research and expert insights Awareness Index is a real asset to AROUND have set the framework for this highlight this global crime. research. In addition, media analysis THREE OUT has contributed to the report. The In this report we explore modern media analysis was based on articles slavery in the construction industry by: identified in the LexisNexis Human ›› Analysing the issue related to labour. OF EVERY Trafficking Awareness Index relating to modern slavery and the construction ›› Shedding light on the risks related to 1,000 industry, in particular in the period 1 procurement of building materials. January 2015 to 31 May 2016. ›› Illustrating the risks and reality of this PERSONS This approach was taken because issue across the world by setting it recognises the limitations of out a range of recent examples from research on this issue solely different regions.* WORLDWIDE based on media analysis, which ›› Examining relevant global and could lead to distribution of national regulation and legislation. ARE inaccurate information provided by journalists, overrepresentation and ›› Identifying the roles businesses, sensationalism of certain topics governments and other SUFFERING and underrepresentation of others. stakeholders can play in tackling IN FORCED However, if handled appropriately, modern slavery in this industry. *Please note that due to the scope of this report not every country and incident that has happened in LABOUR recent years has been included.