Trafficking for the Purpose of Domestic Servitude Occasional Paper Series No
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Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude OCCASIONAL PAPER SERIES NO. 4 OCCASIONAL PAPER Research Paper on Trafficking in Human Beings for Domestic Servitude in the OSCE Region: Analysis and Challenges Report of the Tenth Alliance against Trafficking in Persons Conference - “Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude”, Vienna, 17-18 June 2010 Organization for Security and Co-operation in Europe ISBN: 978-92-9234-432-0 Published by the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings Wallnerstr. 6, 1010 Vienna, Austria Tel: + 43 1 51436 6256 Fax: + 43 1 51436 6299 email: [email protected] © 2010 OSCE/ Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings Copyright: “All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings as the source.” DESIGN: Damir Krizmanic | red hot 'n’ cool | Vienna Cover photo: Kalayaan/Uri Sadeh The Organization for Security and Co-operation in Europe (OSCE) is a pan-European security body whose 56 participating States span the geographical area from Vancouver to Vladivostok. Recognized as a regional arrangement under Chapter VIII of the United Nations Charter, the OSCE is a primary instrument for early warning, conflict prevention, crisis management and post-conflict rehabilitation in its area. Its approach to security is unique in being both comprehensive and co-operative: comprehensive in that it deals with three dimensions of security - the human, the politico-military and the economic/environmental. It therefore addresses a wide range of security-related concerns, including human rights, arms control, confidence- and security-building measures, national minorities, democratization, policing strategies, counter-terrorism and economic and environmental activities. PARTICIPATING STATES: Albania | Andorra | Armenia | Austria | Azerbaijan | Belarus | Belgium | Bosnia and Herzegovina Bulgaria | Canada | Croatia | Cyprus | Czech Republic | Denmark | Estonia | Finland | France | Georgia | Germany Greece | Holy See | Hungary | Iceland | Ireland | Italy | Kazakhstan | Kyrgyzstan | Latvia | Liechtenstein | Lithuania Luxembourg | the former Yugoslav Republic of Macedonia | Malta | Moldova | Monaco | Montenegro | Netherlands Norway | Poland | Portugal | Romania | Russian Federation | San Marino | Serbia | Slovakia | Slovenia | Spain | Sweden Switzerland | Tajikistan | Turkey | Turkmenistan | Ukraine | United Kingdom | United States of America | Uzbekistan ASIAN PARTNERS FOR CO-OPERATION: Afghanistan | Australia | Japan | Mongolia | Republic of Korea | Thailand MEDITERRANEAN PARTNERS FOR CO-OPERATION: Algeria | Egypt | Israel | Jordan | Morocco | Tunisia The materials in this publication are for general information purposes only, provided on an “as is” basis, without warranties of any kind, including fitness for any particular purpose. The OSCE, specifically, does not make any warranties with respect to the accuracy or completeness of the information in this publication. The views, findings, interpretations and conclusions expressed herein are those of the author(s) and do not necessarily represent the official position of the OSCE and/or its participating States. To the extent permitted by law, the OSCE does not accept any liability for any loss, damage, liability or expense incurred or suffered, which may arise as a result of, or in connection with, the use of information contained in this publication. Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude Research Paper on Trafficking in Human Beings for Domestic Servitude in the OSCE Region: Analysis and Challenges Report of the Tenth Alliance against Trafficking in Persons Conference - “Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude”, Vienna, 17-18 June 2010 Organization for Security and Co-operation in Europe TABLE OF CONTENTS Foreword 5 Acknowledgments 6 Introduction 7 Part I: Trafficking in Human Beings for Domestic Servitude in the OSCE Region: Analysis and Challenges 9 1. What is Trafficking in Human Beings for the Purpose of Domestic Servitude? 10 2. Defining Domestic Work 12 2.1 A Poorly Defined Occupation 12 2.2 Main Features of Domestic Work Relevant to the Context of Domestic Servitude 12 3. Understanding the Problem: Why Does Trafficking Occur in Domestic Work? 13 3.1 Domestic Work: a Labour Sector Vulnerable to Exploitation 14 3.2 Migrant Workers Vulnerable to Exploitation 15 4. Identifying Trafficking for Domestic Servitude 17 4.1 Typologies of Domestic Servitude Cases 17 4.2 Applying the International Definition of Human Trafficking 19 4.3 Increased Child Trafficking for Domestic Work 24 4.4 Diplomatic Privileges and Domestic Work 25 5. Roles of Actors and Examples of Good Practices in Addressing Domestic Servitude 29 5.1 Civil Society 29 5.2 Trade Unions 31 5.3 Labour Inspection 32 6. International Standards Relating to Domestic Servitude and Their Implementation 32 6.1 International Legal Framework to Combat Trafficking in Human Beings 32 6.2 Other Relevant International Instruments to Address Labour Exploitation and Domestic Servitude 34 6.3 Comparative Legal Analysis 35 7. Conclusion: Challenges for an Effective and Comprehensive Response 37 Part II: Conference Report “Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude” 39 1. Welcome and Opening Remarks 40 2. Keynote Addresses 41 3. Understanding What Domestic Servitude Is 43 4. Identification of and Assistance to Trafficked Persons for Domestic Servitude, Including Access to Justice 47 5. Investigation and Prosecution 51 6. Prevention of Trafficking for Domestic Servitude 54 7. Lessons Learned, Ways Forward & Next Steps 58 8. Concluding Remarks 60 2 Part III: Key Recommendations for action to tackle trafficking in human beings for domestic servitude 63 Prevention 64 Protection 65 Prosecution 65 Diplomatic Corps 66 ANNEXES 67 Annex 1: Main References 67 Annex 2: List of Acronyms 68 3 ndreani A lanca Tapia lberto B A SCE/ SCE/ O O FOREWORD When I started to read the rich materials gathered by Fortunately, women are also among those who have my colleagues in preparation for the Alliance against been compassionate and helpful in identifying and Trafficking in Persons conference on trafficking for the assisting victims. In many consulted cases, it was purpose of domestic servitude, I was not aware of all the women who helped when approached on the street or implications of this extremely hidden form of trafficking. in a supermarket, or when they observed a little girl who Trafficking for the purpose of labour exploitation is appeared to be increasingly malnourished, always sad commonly perceived as less invasive and damaging than and even abused by the very same children for whom she trafficking for sexual exploitation. While in some cases was caring. Women are also among the many pro bono this might be true, trafficking for domestic servitude is lawyers who have helped these trafficked persons to free often just as devastating an experience, with long-term themselves, claim their rights, receive compensation, and and serious consequences. take their lives in their own hands. First, trafficking for domestic servitude heavily involves Domestic workers are part of our daily life. They often children, especially girls, who are more vulnerable and take care of our loved ones. Most of these courageous dependent on adults for their basic needs. Second, the and hard working women and girls who migrate to extreme and hazardous working conditions in a situation support their families, find a decent job and form decent of domestic enslavement are unimaginable. I was not relationships with their employers. But those workers who aware, for example, that little girls are often obliged to fall prey to unscrupulous people – people who subjugate wake up during the night to work and are therefore them to take advantage of their unpaid work – must be forced to break their natural biorhythm. Moreover, they protected. are often allowed to eat only leftovers, and therefore malnutrition and starvation cause disease and impede This invisible exploitation must become a concern for all normal physical and psychological development. Third, of us. It could be taking place next door, in our own social a domestic servant is subject to the inexplicable and environment. My commitment, and the commitment of unpredictable anger of their exploiters, and is exposed to my Office, is to make this reality better known in order to all kinds of cruel treatment and even sexual abuse. This galvanize effective action. is really torture. The manipulation and abuse of vulnerable persons – be they children or adults – who are at the mercy of their employers, is unpardonable. It is even more unpardonable when the employer is a woman exploiting another woman or a girl. Maria Grazia Giammarinaro OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings