Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings
ENHANCING CO-OPERATION TO PREVENT TRAFFICKING IN HUMAN BEINGS IN THE MEDITERRANEAN REGION ISBN: 978-92-9234-442-9
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Design: Tina Feiertag, Vienna Illustration on cover: Mediterraneo (2007), Acrylic on raw canvas 40x50cm, by Adriano Parracciani Illustrations on page 11, 19, 35, 41, 49: Tempera on brick 10x10 cm by Adriano Parracciani Photos on page 8, 10, 14, 20, 21, 22, 23, 27, 33: Enrico Para/Camera dei Deputati Photo on page 8, 43: Alfred Kueppers Photos on page 4: OSCE/Mikhail Evstafi ev Photos on page 32: OSCE/Alberto Andreani
Cite as: OSCE Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings, Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region (November 2013).
The Organization for Security and Co-operation in Europe (OSCE) is a pan-European security body whose 57 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, confl ict prevention, crisis management and post-confl ict 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, confi dence- 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 | Mongolia | 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 | 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 fi tness for any particular purpose. The OSCE, specifi cally, does not make any warranties with respect to the accuracy or completeness of the information in this publication. The views, fi ndings, interpretations and conclusions expressed herein are those of the author(s) and do not necessarily represent the offi cial 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. Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings
ENHANCING CO-OPERATION TO PREVENT TRAFFICKING IN HUMAN BEINGS IN THE MEDITERRANEAN REGION ev fi Enrico Para/Camera dei Deputati OSCE/Mikhail Evsta OSCE/Blanca Tapia Foreword
The work of my Offi ce with the Mediterranean Partners for In this respect, my Offi ce’s work with the Mediterranean Co-operation in the fi eld of combating traffi cking in human Partners was built on the strategy pursued over the last few beings gained new impetus in 2013, in line with the Vilnius years for the prevention and fi ght against human traffi ck- Ministerial Council’s 2011 Declaration on Combating All ing aimed at addressing the whole chain of exploitation. The Forms of Human Traffi cking1. enhancement of workers’ rights – regardless of their immi- gration status – represents one of the critical factors that Thanks to generous contributions from the Italian Repub- can help create an environment that is hostile to, and able lic and the Grand Duchy of Luxembourg, the international to react against, any form of exploitation and mistreatment. Seminar on Co-operation to Prevent Traffi cking in Human It is clearer today than ever before that human traffi cking is Beings in the Mediterranean Region was held in Rome on 8 structurally linked to the fi nance-driven globalization, that, February 2013. This high-level Seminar served as a starting together with undeniable human progress, has also con- point for the process of exchanging experiences on the phe- tributed to a constant erosion of labour rights and labour nomenon of human traffi cking in the Mediterranean region market regulations, providing a fertile ground in which labour that has been sustained throughout the year. exploitation can fl ourish.
Indeed, discussions at the Seminar provided the basis for This is also refl ected in the Mediterranean region, where further refl ection and dialogue. Specifi c attention was de- the complexities of human mobility are exacerbated by the voted to the prevention of traffi cking for labour exploitation, progressive tightening of migration policies that, inter alia, leading to the selection of this topic as the focus of a session contribute to the boosting of labour exploitation practices at the annual OSCE Mediterranean Conference2 in Monaco, that affect not only undocumented migrants but also per- on 29 October 2013: “The social and economic impact of sons seeking international protection, or those who have traffi cking and labour exploitation, with a specifi c focus on already been recognized as refugees. And this is particu- the role of the business sector”. larly relevant in some at-risk sectors that are more prone to abuses – i.e., construction, agriculture, commercial fi shing The Mediterranean Contact Group provided a privileged fo- and domestic work. rum for discussion, together with two consultation meetings with experts and practitioners from both participating States I am confi dent that enhanced co-operation between partici- and Mediterranean Partners for Co-operation (hereinafter re- pating States and the Mediterranean Partners to better pro- ferred to as “Mediterranean Partners”) that were organized tect the rights of workers will contribute to ensure economic in Vienna on 10 May and 7 October 2013, thanks to the stability, social cohesion, democracy, the rule of law and, continuous support of Italy, the Principality of Monaco and ultimately, security: a common goal for the OSCE and its the Swiss Confederation. Partners for Co-operation as well as a continuous engage- ment of my Offi ce. In the spirit of the “action-oriented and results-based” ap- proach promoted by the Vilnius Ministerial Council Deci- sion, I am happy to present the outcomes of this enhanced dialogue with the Mediterranean Partners for the prevention of human traffi cking for labour exploitation in the Mediter- ranean region.
Maria Grazia Giammarinaro –––––––––––––––––––––––––––––––––– OSCE Special Representative and Co-ordinator 1 OSCE Ministerial Council, Declaration on Combating All Forms of Human for Combating Traffi cking in Human Beings Traffi cking, MC.DOC/1/11/Corr.1 (7 December 2011),
4 Acknowledgements
I wish to express my thanks to the Ukrainian OSCE Chairmanship and to the Swiss Chair of the Mediterranean Contact Group, as well as to the Mediterranean Partners for Co-operation and all participating States for their support and direct involvement in the activities described in this Report. I am particularly grateful to the delegations of the Mediterranean Part- ners for Co-operation for making the Mediterranean Contact Group a lively forum for discussion and mutual growth. In this respect, my gratitude goes also to my colleagues in the OSCE’s Section for External Co-operation for their constant support and direct engagement.
I would also like to extend my sincere thanks and appreciation to Secretary General Lamberto Zannier, the OSCE Secre- tariat structures and the ODIHR for their active participation and contributions to the activities reported in this document. I also wish to thank the international organizations, NGOs, practitioners and experts that shared their knowledge and experi- ence to increase common responses to prevent and combat traffi cking in human beings in the Mediterranean region.
My warmest thanks go to each and every colleague in my talented Offi ce, who have worked with dedication to support our work with the Mediterranean Partners for Co-operation and the elaboration of this Report, in particular Astrid Ganterer and Teresa Albano, together with the substantial contribution of consultants Isabella Orfano and Paola Monzini. Special thanks also go to Claire Jessel and Alfred Kueppers for editing and proofreading this Report.
Last but not least, I wish to extend my gratitude to those donors that supported the work of the Offi ce with the Mediterra- nean Partners for Co-operation through their generous extra-budgetary contributions: the Italian Republic, the Grand Duchy of Luxembourg, the Principality of Monaco and the Swiss Confederation.
Maria Grazia Giammarinaro OSCE Special Representative and Co-ordinator for Combating Traffi cking in Human Beings
5 Table of Contents
List of Acronyms 7
Introduction 8
Chapter 1 Trends and features of human traffi cking in the Mediterranean Region 11
Chapter 2 Challenges and good practices to prevent and fi ght against human traffi cking in the Mediterranean region 19 2.1 Identifi cation of traffi cked persons 20 2.2 Labour market policies 22 2.3 Migration policies 28 2.4 Asylum policies 30 2.5 The protection of the rights of exploited and traffi cked workers: complementing criminal justice 31
Chapter 3 The way forward: Thematic areas to enhance co-operation in the Mediterranean region 35 3.1 Access to justice and compensation for exploited and traffi cked workers 37 3.2 Confi scation of assets of traffi ckers and exploiters 38 3.3 Domestic servitude 38
Chapter 4 41 Conclusions 42 The Social and Economic Impact of Traffi cking for Labour Exploitation, and the Role of the Business Sector 43
Annexes 49 Annex 1: Background documents from the Seminar on Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region, Rome, 8 February 2013 50 Annex 2: References 54
6 List of Acronyms
AHRI The Association of Human Rights Institutes AML Anti-Money Laundering CAMM Common Agenda on Migration and Mobility CEPOL European Police College CGIL Confederazione Generale Italiana del Lavoro COST European Cooperation in Science and Technology CSCE Commission on Security and Co-operation in Europe EHTN End Human Traffi cking Now ENAR European Network against Racism ENP European Neighbourhood Policy EP European Parliament EU European Union EUROPOL European Police Offi ce EWL European Women’s Lobby FATF Financial Action Task Force on Money Laundering FGA Fédération Générale de l‘Agriculture FIU Financial Investigation Units FLAI Federazione Lavoratori AgroIndustria FRA European Union Agency for Fundamental Rights Frontex Frontieres Exterieures – European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union GAMM Global Approach to Migration and Mobility HRW Human Rights Watch ILO International Labour Organization INTERPOL International Criminal Police Organization IO International Organization IOM International Organization for Migration JIT Joint Investigation Team LEA Law Enforcement Agency MC.DEC Ministerial Council Decision MEP Members of the European Parliament ML Money Laundering MP Mobility Partnership MPC Mediterranean Partner for Co-operation NGO Non-Governmental Organization NI National Insurance NRM National Referral Mechanism OCEEA Offi ce of Economic and Environmental Activities ODIHR Offi ce for Democratic Institutions and Human Rights OFII Offi ce Français de l’Immigration et de l’Intégration OHCHR Offi ce of the High Commissioner for Human Rights OSCE Organization for Security and Co-operation in Europe OSR/CTHB Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings PICUM Platform for International Cooperation on Undocumented Migrants THB Traffi cking in Human Beings TNTD/SPMU OSCE Transnational Threats Department/Strategic Police Matters Unit UDM Undocumented Migrants UGTT Union Générale Tunisienne du Travail UN United Nations UN.GIFT United Nations Global Initiative to Fight Human Traffi cking UNHCR United Nations High Commissioner for Refugees UNHRC United Nations Human Rights Council UNODC United Nations Offi ce on Drugs and Crime VAT Value Added Tax
7 Umberto Battaglia/Camera dei deputati OSCE/Alfred Kueppers OSCE/Alfred Introduction
Th e OSCE’s long-standing relationship with the Mediterra- the Human Dimension Implementation Meeting, the Annual nean Partners for Co-operation (MPCs) dates back to the ori- Implementation Assessment Meeting, and Winter Sessions gins of the Conference on Security and Co-operation in Europe of the OSCE Parliamentary Assembly.7 Furthermore, the Par- (CSCE). Already in the Helsinki Final Act, participating States liamentary Assembly organizes a yearly Parliamentary Fo- affi rmed their conviction that “security in Europe is to be con- rum on the Mediterranean.8 While the day to day dialogue is sidered in the broader context of world security and is closely maintained through technical meetings at the level of contact linked with security in the Mediterranean area as a whole, and points, the main forums for regular dialogue with the Partners that accordingly the process of improving security should not be are the Contact Group meetings, held at the Ambassadorial confi ned to Europe but should extend to other parts of the world, level, established following the 1994 Budapest Summit Deci- and in particular to the Mediterranean area”3. sion as an informal group within the framework of the PC “to facilitate the interchange of information and the generation of Participating States also declared their intention to “further im- ideas“9. Th e highlight of the dialogue and co-operation with the prove their relations with the non-participating Mediterranean Partners is represented by the regular Mediterranean Confer- States”4, as they were referred to at the time, as well as to foster ence organized every year which provides the opportunity to co-operation especially in the economic and environmental exchange views and contributes to further developments in the fi elds and to amplify their dialogue “to include all States of the relationship between the OSCE and the MPCs. Mediterranean, with the purpose of contributing to peace and strengthening security”5. Over the years, the OSCE has devel- In line with “this spirit of open dialogue, shared responsibility oped special relations with six Mediterranean Partners for Co- and a vision for a better future” 10, traffi cking in human beings operation: Algeria, Egypt, Israel, Jordan6, Morocco and Tunisia. has been identifi ed as one of the areas for possible OSCE en- Th e OSCE’s relations with its Partners are based on a wide and gagement with the MPCs, coherent with the goals of the OSCE consolidated framework for dialogue and co-operation: the Ministerial Council Decision No. 5/11 on Partners for Co-op- degree of their involvement in OSCE activities has steadily in- eration11, as well as the Ministerial Declaration on Combating creased, gradually allowing for a continuous interaction and a All Forms of Human Traffi cking12 - adopted at the 18th Ministe- nearly full inclusion with the OSCE’s work. rial Council in Vilnius in 2011.
MPCs participate as observers in the OSCE Ministerial Coun- Since 2000, the OSCE has been strongly engaged in the preven- cil and in the Permanent Council Meetings and Forum for tion and fi ght against human traffi cking and in the protection Security Co-operation meetings. Th ey also actively participate of rights of traffi cked persons through the adoption of numer- in the OSCE annual events, such as the Annual Security Re- ous political commitments and an Action Plan13. Given that view Conference, the Economic and Environmental Forum, the fi ght against human traffi cking is a cross-dimensional topic
–––––––––––––––––––––––––––––––––– 3 See, Conference on Security and Co-operation in Europe, Final Act (Helsinki, –––––––––––––––––––––––––––––––––– 1975),
8 requiring an inter-sectorial and multidisciplinary approach, the Offi ce of the Special Representative and Co-ordinator for Frontex: Combating Traffi cking in Human Beings (OSR/CTHB) was in August 2013, 7,500 arrivals on created with the aim to mainstream human traffi cking and Sicilian and Maltese coasts co-ordinate anti-traffi cking eff orts within the OSCE internal structures and institutions – and in particular with the Offi ce Wars increase pressure of refugees on Europe’s bor- for Democratic Institutions and Human Rights (ODIHR), the ders according to Frontex’s data. Since the beginning Offi ce of Economic and Environmental Activities (OCEEA), of 2013, the total fl ow of persons arriving by sea is the Transnational Th reats Department/Strategic Police Mat- 20,000 people, an increase of 180 per cent compared ters Unit (SPMU), the Gender Issues Section and the fi eld mis- to 2012. Among the migrants, 1,300 are of Syrian sions – and provide assistance to participating States, as well nationality. as a plethora of external partners – international organizations and NGOs, trade unions, employers’ associations, and other Source: Unoffi cial translation from Redattore sociale, civil society institutions, in promoting appropriate responses 30 August 2013,
Source: UNHCR website:
–––––––––––––––––––––––––––––––––– 14 H. De Haas, The myth of invasion: Irregular migration from West Africa to the Maghreb and the European Union (International Migration Institute, University of Oxford, 2007).
9 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
While issues relating to mixed migration fl ows in the Mediter- Th e increasing complexity of migration fl ows in the region ranean Region have usually been considered in the framework makes it diffi cult to draw a clear line between smuggling, traf- of smuggling of migrants, recent research and investigations fi cking and movements of persons fl eeing political instability demonstrate that a strong linkage exists between migration and persecutions, thus requiring a more comprehensive ap- processes and subsequent exploitation, both in intraregional proach and a better understanding of the dynamics of human migration fl ows as well as towards the Northern rim of the mobility and migrant labour in the region. Mediterranean. Th e stories of the victims provide evidence that migrants - men, women and children - including those en- Th e Seminar on Co-operation to Prevent Traffi cking in Hu- titled to international protection, fi nd themselves in a situation man Beings in the Mediterranean Region organized by the of serious social and economic vulnerability, and often end up OSCE Offi ce of the Special Representative and Co-ordinator being obliged to work in extreme exploitative conditions, par- for Combating Traffi cking in Human Beings, off ered a unique ticularly in some sectors that are more prone to labour exploi- opportunity for an in-depth dialogue on the complexities of tation, such as agriculture, construction and domestic work. human traffi cking in the region. Hosted in Rome by the Ital- ian Chamber of Deputies on 8 February 2013, the Seminar was Mixed Migration Flows: attended by representatives of 22 OSCE participating States, six Mediterranean Partners and one Asian Partner for Co-op- “A movement in which a number of persons eration, as well as civil society representatives from the OSCE are travelling together, generally in an irregular region, North Africa, and the Middle East. manner, using the same routes and means of transport, but for different reasons. Persons Th is report presents the key issues and challenges drawn from travelling as part of mixed movements have the interventions and discussions of key players at the event.15 varying needs and profi les and may include Indeed, the Seminar helped in identifying priority areas for possible enhanced co-operation between participating States asylum-seekers, refugees, traffi cked persons, and the Mediterranean Partners for Co-operation “to address unaccompanied/separated children, and the multiple challenges of a strategy aimed at eradicating mod- migrants in an irregular situation.” Also referred ern slavery”16 in the Mediterranean Region. to as mixed movements or mixed migration.
Source: UNHCR, Refugee Protection and Mixed Migration: the 10-Point Plan in Action (Geneva, 2011), p. 291. Enrico Para/Camera dei Deputati
Chamber of Deputies Rome, Italy, 8 February, 2013 –––––––––––––––––––––––––––––––––– 15 See Annex no. 1: Background documents from the Seminar on Co-oper- ation to Prevent Traffi cking in Human Beings in the Mediterranean Region, Rome, 8 February 2013. For further information on specifi c interventions of speakers, please consult:
10 Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings
Illustration: Viaggio (2004), Tempera on brick 10x10 cm, by Adriano Parracciani 1 CHAPTER TRENDS AND FEATURES OF HUMAN TRAFFICKING IN THE MEDITERRANEAN REGION
11 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
Mixed Migration into Europe Taking their chances on fi shing boats, dinghies ITALY and canoes, every year thousands of men, women and children drown in a desperate bid to reach Europe from Africa. They cross from
SPAIN GREECE West Africa to the Spanish Canary Islands;
SICILY from Morocco to southern Spain; from Libya
MALTA to Malta and the Italian islands of Sicily and LAMPEDUSA ISLAND TUNISIA Lampedusa; and from Turkey to the islands of MOROCCO Greece. Many more enter the European Union ALGERIA by land, via Turkey and the Balkans or from STATE OF LIBYA Ukraine and Belarus.
Source: UNHCR website,
MAURITANIA
NIGER
Traffi cking in human beings is a growing global phenomenon Researchers and analysts have shown how human traffi cking which has now reached a massive dimension. According to In- is linked to the paradoxes created by globalization driven by ternational Labour Organization (ILO) estimates from 2012, fi nancial interests: the liberalization of international markets 20.9 million people are victims of forced labour globally, out of combined with the delocalization of the production chain has which over three million are exploited within the OSCE region: not been matched by a liberalization of the mobility of persons, 68 per cent of the victims are exploited in the private economy and particularly of the labour force. Goods and fi nancial assets and 22 per cent are victims of forced sexual exploitation. move freely across borders, at increasingly lower costs, along swift and secure channels, but would-be migrants face ever Traffi cking is a serious and unacceptable violation of funda- greater diffi culties in both leaving their countries of origin and mental human rights, and a threat to the security and stabil- entering countries of destination, and in obtaining the proper ity of democracies and societies. Nowadays, traffi cking in hu- documentation requested for moving, such as passports, exit man beings is one of the most prolifi c and dangerous forms of and entry visas, and authorizations to stay and work.17 transnational organized crime; it is an extremely lucrative and almost risk-free criminal business, given the high rate of impu- Human traffi cking in the Mediterranean region refl ects the nity enjoyed by perpetrators. Traffi ckers exploit men, women complexities of the phenomenon at the global level, with and children for many diff erent purposes, ranging from sexual ever-changing social, political and economic vulnerabili- and labour exploitation to forced begging and forced criminal- ties that evolve into a range of migration patterns – internal, ity, as well as organ removal. intraregional and international - aff ecting all countries on both sides of the Mediterranean as places of origin, transit, and des- tination.
–––––––––––––––––––––––––––––––––– 17 To deepen the topic of globalization and its consequences, see: T. Albano, S. Volpicelli, “Missing development: the consequences of the failure of the migratory project on individuals and societies”, in Migration and development: a new relation (Nuova Cultura, 2011).
12 Chapter 1
Indeed, many factors contribute to the increasing vulnerability In a situation of irregularity or de facto vulnerability, in the of persons on the move to exploitative practices in the region. hands of criminal networks, people become a new commodity Th e progressive tightening of migration policies in all coun- that can be easily blackmailed and subjected to exploitation, tries in the region, and particularly on the northern rim, has particularly in the labour market. resulted in an increasing portion of would-be migrants looking for alternative means to overcome the restrictions imposed by In this respect, mixed migration fl ows in the Mediterranean States. region have usually been taken into consideration in the frame- work of migrant smuggling. However, recent research and in- Th e competitive and cost pressures that globalization has put vestigations demonstrate that a strong linkage exists between on many business sectors – particularly those that cannot de- migration processes and subsequent exploitation taking place localize, taking advantage of more favourable labour market in European countries. regulations - have had an adverse impact on employment con- ditions. Even in countries with generous labour protection, a Undocumented migrants are particularly at risk, as they are “two-tier labour market” has emerged due to countless “atypi- virtually invisible, or are even criminalized, as in the case of cal” forms of employment, particularly seasonal and tempo- many countries which have introduced into their penal legis- rary, in which there can be endless chains of sub-contractors.18 lations the crimes of irregular border crossing and residence Th e impact of the fi nancial crisis has, de facto, increased the in the destination country. Because of their irregular status, demand for inexpensive labour, particularly in some sectors threats are made to report them to the authorities for forced that are more prone to labour exploitation, such as agriculture, removal to the country of origin, and they are increasingly sub- construction, commercial fi shing and domestic work. jugated via debt bondage, with the fi nancial obligation growing in an arbitrary and exponential way that is impossible to wipe At the same time, political instability in the aftermath of the so- out, ending in a state of “multiple dependency” that entails called “Arab Spring”, combined with ongoing complex emer- both physical and psychological subjugation. gencies in the Middle East as well as Sub-Saharan Africa and the Horn of Africa, makes the Mediterranean region an area However, the situation of regular migrant workers can also be particularly aff ected by fl ows of migrants, including those enti- very volatile. Any change in their living conditions can trans- tled to international protection. form a legal migrant into an “illegal” one. Women can fi nd themselves in this precarious situation when they move abroad Migrants dispersed at sea: to join their husbands by losing their residence privileges if Spain, Greece and Italy the relationship ends. Th e same happens to male and female migrant workers who, after losing their jobs, also lose their 2007 2008 2009 2010 2011 Total authorization to stay in the country. In a very short period of Spain 360 120 127 74 n.c. 681 time, a person can end up in a situation of extreme uncertainty, Greece 159 n.c. 83 41 51 334 becoming vulnerable to exploitation and, ultimately, to human Italy 471 525 329 8 1,500 2,833 traffi cking rings. Total/year 1,551 3,848 In such a context, regardless of their legal status, regular and Source: UNHCR,
–––––––––––––––––––––––––––––––––– –––––––––––––––––––––––––––––––––– 18 OSCE Offi ce of the Special Representative and Co-ordinator for Combating 19 International Organization for Migration, World Migration Report 2010 - Traffi cking in Human Beings, An Agenda for Prevention: Traffi cking for Labour The Future of Migration: Building Capacities for Change (2010), Exploitation (Vienna, 2011),
13 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
Convicting the perpetrators
“Italy has great expertise in investigating traffi cking for sexual exploitation. But labour exploitation is a different matter; this is something new.
In the province of Lecce, we recently had two major in- vestigations in this fi eld. One was in the agricultural sector and the other concerned the installation of photovoltaic systems for alternative energy – heavy solar panels, which have to be lifted manually. Both cases involved hundreds of undocumented migrants who had landed illegally in Pachino, Sicily. The routes are long, exhausting and cost Cataldo Motta the migrants a lot of money. Chief Prosecutor of Lecce, Italy
The case with the solar panels involved a Spanish com- pany […] which was installing solar panels in the prov- inces of Lecce and Brindisi in the winter of 2011. In Italy, when you install solar panels, you receive subsidies from In light of the evidence, we asked for prosecution for the state, but there is a deadline after which you lose the human traffi cking, under article 600 of the penal code. subvention. In this case, the deadline was very tight. The judge for the preliminary investigation gave us the conviction, but the review court acquitted the defendants, So the owner of the company turned to a criminal organi- saying among other things that the required safety equip- zation […]. They used a few migrants as gang masters, ment had been made available to the employees. The and by word of mouth, recruited about 400 undocu- Supreme Court upheld this decision. mented migrants, who were sent to about 20 different construction sites. They were subjected to harsh condi- But we have gathered new evidence, and are going to tions and an exhausting work schedule, in order to fi nish ask for a retrial. on time. If we want to help the victims of labour exploitation in One Indian worker, who could not take it anymore, fi led a Italy, we need to change some of the concepts of our complaint in Lecce and we started an investigation. An- penal law. The defi nition of traffi cking, for instance. It is other investigation was started simultaneously following a not working. The problem is that there is a fundamental report to the prosecutor of Brindisi. Eventually, almost all difference between traffi cking for the purposes of sexual of the workers fi led complaints, and we joined these two exploitation and for the purpose of labour exploitation. In investigations into a single proceeding. both cases, the law requires a state of continuous subjec- tion and a state of dependency. These requirements are The prosecutor of Brindisi ordered the interception of often met in cases of sexual exploitation. For example, telephone conversations between the gang masters and girls are deprived of their passports and they are kept in the company. The stories I heard were terrible. Workers enclosed spaces. In the case of labourers, this is much went so far as to say that the slaves working in the cot- more diffi cult to prove, because they return home in the ton fi elds had been better off than they were. They were evening or sleep in common facilities such as dormitories. constantly working in the mud, in boots procured by the What needs to be done is to create a new legal standard. company that were too small. There is a phone conversa- We need to start re-interpreting the law from scratch.” tion in which the company told a worker who complained to cut off his feet or the tip of the boot. Another worker Source: Extract from interview with C. Motta, Security Community, complained about his hands being covered in blood from Issue 2, 2013, p. 41,
14 Chapter 1
Increasing complexity of migration routes case that entire journeys are planned in advance but one stage Over the last ten years, as a response to the increasingly robust may arise from the failure of a previous stage, limiting future measures by receiving States against irregular migration fl ows, options and draining resources. Th is may also be a key factor for both migrants intercepted at the European sea borders of that contributes to migrants’ vulnerability and their need for Spain, Italy, Greece and Malta, and for migrants crossing the protection.27 To some extent, the development of fragmented Sahara Desert, routes have become longer, more diffi cult, ex- migration may be seen as a response to increasingly eff ective pensive and risky.20 Land routes have expanded and currently immigration controls in the most attractive destinations: Eu- cover large geographical areas, including desert towns, and rope, North America or Australia. Such restrictions provide small seaside towns.21 Recent research demonstrates that in the motive for overland travel but by themselves they are not such a scenario, the shift from a situation of smuggling to a sit- suffi cient to explain the increasing importance of fragmented uation of traffi cking can easily occur.22 Also, the overlapping of forms of migration. Lengthy overland migrations depend on diff erent vulnerabilities is increasingly common, as in the case the availability of the necessary communications and other of asylum seekers/refugees that can be traffi cked and subject technologies that facilitate movement, such as instant inter- to exploitation during the journey to a safe place or during the national money transfers along the route or the availability of processing of their asylum request or even after their refugee cheap mobile communication technologies. If this is the case, status is recognized. fragmented migration may well become a longer term com- ponent of many global migration systems, almost irrespective Starting with the extraordinary fl ow of over 30,000 young Tu- of any particular policy confi guration in wealthy States. Th is nisian nationals who arrived in Italy by sea in 201123, migra- also helps explain the extension of long overland journeys even tion fl ows from the Southern Mediterranean countries to Eu- away from assumed prime target destinations. rope have experienced waves of sharp increases. According to migration analysts, the recent crises in Libya, Syria and Mali Th e source of the dangers faced by migrants on these frag- have fuelled primarily intraregional migration fl ows24, making mented journeys varies. In some cases they are natural obsta- the overall migration scenario an increasing challenge on both cles, such as seas, deserts or mountain ranges, which must be rims of the Mediterranean Sea. crossed in order to avoid the most intensely policed stretches of border. Th ese diffi culties are typically exacerbated by the In this respect, recent research also demonstrates that in the intervention of traffi ckers and smugglers whose involvement new millennium Southern Mediterranean countries such as may vary from simple misinformation in the hope of increasing Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco and their own profi ts, to extreme cases of physical violence, armed Tunisia have become extensively destination areas within the robbery or enslavement. region and from other regions of the world, including Middle Eastern, Asian, Sub-Saharan and Eastern European countries, In addition to cases of forced labour and forced prostitu- with the fi nal group particularly targeting Libya and Israel.25 tion, gangs know that many migrants have money and can be robbed with impunity, since they are unlikely to go to the police The traffi cking process is not controlled and even if they did, they would be unlikely to receive much by criminal gangs at every stage sympathy. Initially, it seemed that gangs developed to ensure In the Mediterranean region, traffi ckers do not necessarily con- their members had enough money to reach Europe themselves, trol traffi cked persons throughout the possible diff erent phases but reportedly the key fi gures now involved are sought by the of the traffi cking process, from recruitment, to transfer, to har- police in Europe and they have become more professional, with bouring, up to the exploitation, with an overall and identifi - their activities evolving from what had initially been a mere able “criminal project”. Because of increasingly complex routes, subsistence-level operation.28 migration has become progressively more “fragmented”, with more numerous stop-overs during the journey.26 It is rarely the
–––––––––––––––––––––––––––––––––– –––––––––––––––––––––––––––––––––– 23 P. Fargues, C. Fandrich, Migration after the Arab Spring, MPC RR 2012/09, 20 See CLANDESTINO Project, Undocumented Migration: Counting the Robert Schuman Centre for Advanced Studies (San Domenico di Fiesole (FI): Uncountable. Data and Trends across Europe - Final Report (Hellenic European University Institute, 2012),
15 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
Migrants or asylum seekers who are travelling through South- Women and children from Southern Mediterranean countries, ern Mediterranean countries may fi nd themselves in situations especially Algeria, Egypt and Morocco, are often found in ex- of complete social exclusion due to factors such as the fear ploitative situations in Europe, particularly in hidden labour of being arrested or deported by the authorities, or demands market sectors, such as domestic work, catering, the sex indus- for payments from smugglers who tell their victims they are try and the hospitality industry and are less likely to be inter- “assisting and protecting” them.29 Having exhausted their cepted by the authorities. Women are often subject to sexism, resources, they become “stranded”, and are recruited by inter- racism and moral condemnation, thus becoming vulnerable to mediaries – often of their own nationality or ethnic group – for multiple forms of discrimination.30 Research conducted in Italy forced labour activities. With little prospect of continuing, but has shown that migrant women are exploited twice: both at also no hope of returning to their country of origin, migrants work and at home, as they may work in agriculture during the are passed from one intermediary to the other. Th e apparent day, and as domestic workers or as prostitutes for the rest of consent to the exploitation is in fact the consequence of their the time.31 Children are also subject to diff erent forms of dis- social vulnerability and multiple dependencies. crimination and social exclusion that make them vulnerable to some specifi c kind of exploitation, for example in forced and Th e same situation very often occurs once migrants have organized begging or criminality for the profi t of others. In this reached their fi nal destination in Europe. Th eir undocumented latter case, traffi ckers take advantage of the minimum age of status exacerbates their vulnerability to traffi cking and exploi- criminal liability according to legislation in diff erent European tation practices with very few alternatives but to live in unsani- countries. tary conditions with inadequate food supplies and very limited or no access to health services. Exploitation of migrants is also increasing on the Southern rim of the Mediterranean. It is estimated that around 4.5 mil- Prevailing forms of exploitation lion migrants from the Middle East or Sub-Saharan Africa - Together with the increasing complexity of migration routes of whom around two-thirds have an irregular status regard- and networks, a large-scale business based on the exploitation ing residency or work - settled in that geographical area. Th e of migrants has emerged on both rims of the Mediterranean majority of these people fi nd work in regional labour markets, region. In this context, labour exploitation seems to be the and they are mostly involved in seasonal migration dynamics.32 prevailing form of human traffi cking, while other forms, like However, data on forced labour are rarely collected and, espe- sexual exploitation, still persist. Other forms, such as forced cially in the Southern Mediterranean region, too little is known begging or forced criminality, are also becoming more visible. about the real scale of the problem.33
With respect to Southern Mediterranean nationals found in As is seen on the Northern rim, some labour sectors on the exploitative situations in European countries, according to the shores of the Southern Mediterranean are more at-risk than UNODC 2012 Global Report on Traffi cking in Persons, Moroc- others. Young boys are generally more likely to be exploited can undocumented migrants were detected in nine countries in agriculture, artisans’ and mechanics’ shops, as well as in the in Western and Central Europe, including Belgium, France, construction sector, while girls are often exploited through Italy, the Netherlands and Spain. Algerian victims were found child sex tourism and in the so-called “temporary marriages” in France and Norway. Men seem to represent an at-risk group or “summer marriages” that are arranged with wealthy men with respect not only to labour exploitation, particularly in the mainly from Kuwait, Saudi Arabia, and United Arab Emirates.34 agriculture and construction industry, but also in illegal activi- ties, for example in drug markets.
–––––––––––––––––––––––––––––––––– 31 Presentation by F. Pizzutelli at the OSCE Seminar on Co-operation to –––––––––––––––––––––––––––––––––– Prevent Traffi cking in Human Beings in the Mediterranean Region, Rome, 29 P. Monzini, “Sea-Border Crossing: the Organization of Irregular Migration to 8 February 2013. Italy”, in Mediterranean Politics, Vol.12, No. 2, pp. 163-184 (2007); UN High 32 Amnesty International, Exploited labour: Migrant workers in Italy’s agricultural Commissioner for Refugees (UNHCR), Trapped in transit: the plight and sector (2012),
16 Chapter 1
Domestic work is another sector that seems to be particular- ly aff ected by the incidence of traffi cking in the region, both Traffi cking of refugees at the transnational and national level. Foreign women from at the Egypt-Israel border diff erent countries are often recruited and exploited in major cities as domestic workers.35 For instance, women from the “Defenceless refugees located primarily in Eastern Philippines have been found in domestic servitude in Mo- Sudan are routinely attacked, traffi cked and kidnapped rocco, while women from Morocco have been detected in ex- from around and inside refugee camps in Eastern Sudan ploitative working conditions in European and Middle Eastern and transported into Sinai. The UNHRC in Sudan has households. Usually the passports and identity documents of acknowledged the growing problem of abduction of traffi cked domestic workers are seized and they are forced to refugees of mainly Eritreans from Eastern Sudan refugee work long hours, including having to be available day and night camps. This indicates the extent to which these traf- to perform tasks requiring arduous physical labour, for little or fi ckers are able to go across borders and into offi cially no wages. Children are also subject to domestic servitude in protected camps in order to ‘hunt’ vulnerable refugees the area. Traditional solidarity practices aimed at supporting and collect ransom from the families of refugees. families in disadvantaged situations, like entrusting the chil- dren to wealthier relatives or families that can off er them the Furthermore, the Bedouins traffi ckers are not only ‘hunt- possibility to be brought up and educated, are often distorted ers’ they are also active in purchasing refugees from in their nature and misused, resulting in their exploitation as other traffi ckers or from corrupt Sudanese border police. domestic servants in households. Girls, sometimes as young Eritrean refugees have become a profi table source of as eight years of age, are especially likely to fall victim to this income for these traffi ckers, whom therefore go through form of abuse.37 Street children, unaccompanied minors and extreme measures to attain them. When the Bedouin child migrants living in refugee camps are also at risk of being traffi ckers fi rst started kidnapping refugees, the ransom victimized by traffi ckers who exploit them, primarily in forced they demanded was between 2000 to 3000 dollars per begging, forced prostitution, and pickpocketing.38 refugee and as of 2012 that number has skyrocketed to 25,000 to 50,000. In this respect, a recent survey conducted in Egypt has shown a high incidence of traffi cking among street children living in According to the monitoring group on Somalia and Eri- urban areas, who are mostly uneducated and illiterate. Th e per- trea, men, women and children, who make up the faces centage of children exposed to traffi cking was more than 28 of the refugees captured by the Bedouins, are routinely per cent of the total study sample of 400 children. Th e forms tortured through electric shocks, starvation, genital mu- of exploitation the children were subject to, varied: 17 per tilation, limp mutilation, burning, hanging, and through cent, mostly boys, were exploited in begging for the profi t of melting of plastic items on their body parts. Women and the “bosses” of the street, under threat and coercion; six per children are especially vulnerable in this ordeal. Women cent were forcibly involved in the drug markets, two-thirds of are routinely gang raped, some made pregnant, forced them male and one-third females; fi ve per cent were exploited to give birth in captivity with no medical aid and no for forced criminality (theft) and another fi ve per cent were proper food or water. Children are beaten to coerce their involved in sexual exploitation. Finally, two children (0.5 per mothers’ family to pay the ransom or just simply for cry- cent of the total) were victims of traffi cking for the removal of ing. Painfully, their families are forced to hear their loved organs.39 ones tortured.”
Source: Human Rights Without Frontiers Int’l, Newsletter 24 September 2013, Traffi cking of refugees in Sinai,
–––––––––––––––––––––––––––––––––– –––––––––––––––––––––––––––––––––– 37 OSCE Offi ce of the Special Representative and Co-ordinator for Combating 35 U.S. Department of State, Traffi cking in Persons Report 2012 (Washington, Traffi cking in Human Beings, Unprotected Work, Invisible Exploitation: 2012). Traffi cking for the Purpose of Domestic Servitude, Occasional Paper Series 36 IOM, Ministère de la Justice du Royaume du Maroc, Traite transnationale des no. 4 (Vienna, 2010),
17 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
As seen above, human traffi cking in the Mediterranean region represents an endemic risk for socially and economically ex- cluded persons, men, women and children, particularly those on the move. Challenges to counteract the phenomenon and protect victims demand and require substantial eff orts from countries of origin, transit and destination. An enhanced rights-based approach to migration in the region is needed, es- pecially with a view to preventing exploitation and traffi cking.40
DIGNITY
7 TK-31-12-373-EN-C 971
FRA
Fundamental rights at Europe’s southern sea borders
o on nd rip, rts. s is
ental uman s such oss the l rights nded to Fundamental rights at Europe’s southern sea borders
FUNDAMENTAL RIGHTS
EUROPEAN UNION AGENCY FOR
Fundamental rights at Europe’s southern sea borders, EU Agency for Fundamental Rights (FRA)
The FRA report “Fundamental rights at Europe’s south- ern sea borders” is about people who risk their lives travelling to the EU by sea to pursue a dream or escape war and persecution. It contains a number of opinions expressed by FRA experts on the treatment of third- country nationals at the EU’s external sea borders of the Mediterranean Sea and the Atlantic Ocean.
FRA opinion: The European Commission should thoroughly assess the fundamental rights implications and risks prior to establishing a CISE (Common Information Sharing Environment for the European Union maritime domain) and provide for a system to regularly evaluate CISE’s impact on fundamental rights.
Source: European Union Agency for Fundamental Rights, Fundamental rights at Europe’s southern sea borders (2013).
–––––––––––––––––––––––––––––––––– 40 SOLIDAR, A Rights-Based Approach to Migration and Development: SOLIDAR Reaction to EC Migration Policy Package, Briefi ng #40 (2011),
18 Chapter 1
Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings
CHAPTER Illustration: Memoria (2004), Tempera on brick 10x10 cm, by Adriano Parracciani 2 CHALLENGES AND GOOD PRACTICES TO PREVENT AND FIGHT AGAINST HUMAN TRAFFICKING IN THE MEDITERRANEAN REGION
19 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
2.1 Identifi cation of traffi cked persons
In the last decade, signifi cant eff orts have been devoted to im- proving the operational skills of stakeholders and front-line offi cers who are likely to detect and identify victims of traf- fi cking. Training curricula and courses together with diff erent tools have been developed for law enforcement offi cers, border guards, prosecutors and judges, NGOs and IOs, service pro- viders, social workers, healthcare personnel and teachers. Th e capacities of many of those who may come into contact with victims have been enhanced, yet much more needs to be done.
Estimating the phenomenon: ILO, US, EU data Enrico Para/Camera dei Deputati
2012 global estimates by the International Labour A great level of co-operation among countries aff ected by ex- Organization (ILO): 20.9 million persons, victims of ploitation rings is needed in order to prevent and counteract forced labour: 68 per cent in the private economy; ap- the most worrying consequences of human traffi cking on soci- proximately three million in the countries of the OSCE eties and individuals: unfair competition in the labour market region. fuelled by the exploitation of the workforce; corruption and the Total amount of unpaid wages: USD 19.6 billion. Total purchase of infl uence fi nanced by illicit profi ts from exploita- number of prosecutions recorded globally in 2012: tion; insecurity exacerbated by the rise of criminal networks; 7,705 according to the 2013 U.S. Traffi cking in Persons the breakdown of the social fabric and of common values due Report. to the pervasive violation of the rights of individuals. Co-op- Overall decrease of convictions in the European Union eration is also needed at the national level, among diff erent in 2012: 18 per cent. Human traffi cking is still a largely stakeholders whose roles and competencies are relevant and undetected phenomenon, a low-risk, high-profi t crime complementary in facing the diverse challenges posed by a for both fi nal users and intermediaries of the multi-level strategy tackling prevention, protection and pros- exploited work performance. ecution. Source: International Labour Offi ce, Global Estimate of Forced In this respect, addressing the whole chain of exploitation is es- Labour: Results and Methodology (Geneva, 2012); International Labour Offi ce, The cost of coercion (2009); United States Depart- sential in order to promote and support an environment that is ment of State, Traffi cking in Persons Report 2013 (Washington, hostile to abusive practices that can lead to human traffi cking. 19 June 2013),
20 Chapter 2
Trainer’s Manual on Anti-Traffi cking Adriano Silvestri for Border Guards Head of Sector Asylum, Migration and Borders Freedoms and Justice Frontex Traning Unit developed the Trainer’s Manual Department, European on Anti-Traffi cking Training for Border Guards with the Union Agency for active participation of a multi-disciplinary team compris- Fundamental Rights (FRA) ing experts from 13 EU Member States and Schengen Associated Countries, e.g., Belgium, Bulgaria, Cyprus, Assistance services and identifi cation France, Latvia, The Netherlands, Norway, Poland, Ro- of vulnerable migrants at landing mania, Slovakia, Slovenia, Sweden and the United King- dom, as well as experts from CEPOL and EUROJUST. sites (Spain) The following international organizations IOM, OHCHR, UNHCR, UNICEF and the OSCE also contributed to Since 2005, the Red Cross regularly collaborates with the development of the manual to ensure the refl ection the Spanish authorities in Motril (Andalusia), when irregu- of international standards and human rights-based ap- lar migrants arrive via sea. Upon disembarkation from proach. the rescue vessels, Red Cross doctors and nurses make an initial health assessment of all migrants. Those who The training package was developed with the objective need medical follow-up are then referred to the medi- of raising awareness of human traffi cking as a serious cal Red Cross facility in the port, while the Guardia Civil crime and human rights violation, and of enhancing brings male migrants who do not need any further medi- the capabilities and skills of border guards to identify cal check to a detention centre. All women and children and adequately deal with the (potential) victims of the are brought to the Red Cross facility in the port, where crime. This includes building up capacities of staff to they can take a shower and change their clothes and understand their obligations, as linked to the ones of the speak with a Red Cross person. It is in this context that Member States in preventing and combating THB and instances of sexual abuse and exploitation are identifi ed protection of the victims, and the practical implications and eventually referred to the competent service provid- in their daily work as well as the provision of practical ers in Spain. tools to combat THB. The developed training material places the human rights of the traffi cked persons at The Red Cross emergency response team consists of the centre of all efforts addressing THB. The recogni- 10-15 persons, i.e., doctors, nurses, ambulance drivers, tion of THB as a gender-specifi c phenomenon has also social workers, and translators. stressed the fact that women and men, girls and boys, Sources: European Union Agency for Fundamental Rights, are often traffi cked for different purposes and therefore Fundamental Rights at Europe’s Southern Sea Borders (Vienna, the measures and support to be provided to victims 2013), p. 75; and Presentation by A. Silvestri at the OSCE Seminar must be gender-specifi c as appropriate. on Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region, Rome, 8 February 2013.
stigmatization linked with illicit activities they have carried out Th e main diffi culties in identifying victims seem to be related under threat or compulsion, psychological terror deriving from to the predominant cultural paradigm and the “lens” through intimidating practices, including, in some cases, black magic which traffi cking is perceived and interpreted, which often pre- practices, control exercised by traffi ckers who never leave their vent relevant stakeholders from understanding the nature of victims alone as well as a lack of awareness on the part of traf- the phenomenon and the features of the persons involved. fi cked persons that they are holders of rights.41 Nowadays victims of slavery-like practices, traffi cking and In this respect, access to information, at any stage of the pro- forced labour are usually not locked up in a workplace or in an tection process but particularly at an early stage, is “a precondi- apartment or a brothel, although such extreme forms still ex- tion for an individual to be able to claim his or her rights” and to ist both in the fi eld of labour and sexual exploitation. Instead, be less vulnerable to human rights violations.42 victims are often in a situation of debt bondage and/or multiple
–––––––––––––––––––––––––––––––––– 41 Presentation by L. Jolles at the OSCE Seminar on Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region, Rome, 8 February 2013. 42 European Union Agency for Fundamental Rights, Fundamental Rights at Europe’s Southern Sea Borders (Vienna, 2013), p. 89.
21 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
dependencies, for example when exploiters take advantage of social isolation, a heavy dependency on the employers for food and accommodation, and the fear of denunciation to immigra- Teresa Morais tion authorities for forced removal to the country of origin, Secretary of State for if the victim is an undocumented migrant. Th erefore, human Parliamentary Affairs and traffi cking still implies control by the exploiter of the worker; Equality, Portugal however, the situation of the person who has been subjugated is not characterized by a complete lack of freedom of move- Portugal’s legislative approach ment, but rather by the lack of self-determination linked to the absence of viable alternatives. Law in force in Portugal concerning entry, perma- nent residence and repatriation of foreigners refl ects Another problem is related to the duration of the exploitation. a balance between the protection of victims and their Unlike historical slavery, the exploitative situation of traffi cked integration, the promotion of legal migration and the fi ght persons does not last for ever. Especially when traffi cking is against illegal migration. Entry and residency by migrants linked with migration processes, rapid turnover of workers is not considered an offence, and the law treats situa- takes place. Th is is primarily due to movement by exploitation tions linked to irregular migration of traffi cking separately. rings on a country’s territory in order to avoid checks from law However, in both cases there is a clear choice for the enforcement or because the level of exploitation is so severe protection of victims and a set of rights are assured be- that periodic substitution of the workforce is required. Also, in fore a permit is issued allowing the person to stay in the certain cases, victims are able to escape soon after exploitation country. As a general approach, anti-traffi cking policies begins. have been developed and supported within the broader “Plan for the Integration of Migrants”, aimed at promot- Th e combination of stereotyped knowledge about traffi cking ing migrants’ rights. and its victims, together with current complexities linked to human mobility and the high proximity of phenomena like mi- Source: Opening Remarks by T. Morais at the OSCE Seminar on grant smuggling, human traffi cking, irregular migration and Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region, Rome, 8 February 2013, fl ows of persons seeking international protection, can seriously
–––––––––––––––––––––––––––––––––– 43 OSCE Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings, An Agenda for Prevention: Traffi cking for Labour Exploitation (Vienna, 2011),
22 Chapter 2
Examples of promising practices in the United Kindgom, Khalil Amiri Senior Advisor at the Tunisia and Italy. Cabinet of the Secretary of State on Immigration and Tunisians abroad, Tunisia
The Gangmasters Licensing Authority (GLA) Prevention activities in Tunisia in the UK As a prevention activity, the Ministry of Employment in GLA is a Non Departmental Public Body (NDPB) with a Tunisia has commenced investigations into recruitment Board of 30 members from industry and government. agencies operating on its territory, and revised the proce- The GLA’s licensing scheme regulates businesses who dures for them. Additionally, migration resource centres provide workers to the fresh produce supply chain and have been created throughout the country to provide horticulture industry, to make sure they meet the employ- information to would-be migrants and to immigrants about ment standards required by law. Any employment agency, their rights, risks of fraud, exploitation and traffi cking. labour provider or gangmaster who provides workers to Source: Opening Remarks by K. Amiri at the OSCE Seminar the following sectors will need a GLA licence: agriculture, on Co-operation to Prevent Traffi cking in Human Beings in the horticulture, forestry, shellfi sh gathering, food and drink Mediterranean Region, Rome, 8 February 2013, processing and packaging.
How does the licensing scheme work? A new law in Italy against unlawful Labour providers are assessed to check they meet the gangmastering and labour exploitation GLA licensing standards which cover health and safety, In September 2011, a law was adopted introducing the accommodation, pay, transport and training. GLA checks crime of “unlawful gangmastering and labour exploitation” that they are fi t to hold a licence and that tax, National in the Italian criminal code, defi ned as the act of “con- Insurance (NI) and VAT regulations are met. A labour ducting an organized activity of intermediation, recruiting provider must have a GLA licence to work in the regulated manpower or organizing its work, characterized by ex- sectors, it is a criminal offence to supply workers without a ploitation, through violence, threat or intimidation, taking licence or use an unlicensed labour provider. advantage of the workers’ situation of need or want”. This What are the benefi ts of licensing? provision was a positive development, insofar as it intro- Workers receive fair treatment, the pay, benefi ts and duced a new criminal law tool to combat labour exploita- conditions they are entitled to. Labour providers are not tion, intended to be more fl exible than those provided undercut by those who pay less than the minimum wage by the criminalization of traffi cking and slavery. However, or avoid tax. Industry standards are raised. Labour users doubts were expressed with respect to the prospects of can check their workers come from a legitimate pro- this provision being successfully implemented. vider and are informed if their labour provider’s licence is Source: Amnesty International, Exploited Labour. Migrant Workers revoked. Consumers can be assured that their food has in Italy’s Agricultural Sector (2012),
Source:
Exploitative practices are commonplace in sectors that re- ers in terms of legal entitlements (e.g., dismissal protection), quire temporary and seasonal labour, especially when foreign benefi ts off ered by employers (e.g., pension entitlements) and workers are recruited to compensate for a shortage of work- other employment conditions (e.g., health and safety, training). ers at the national level. Specifi c legislation or provisions on Co-ordination, co-operation and coherence among diff erent seasonal work are necessary to take into account the specifi c legislative frameworks in sending and receiving countries are circumstances related to seasonal work as a form of tempo- essential in order to avoid social dumping between national rary employment linked to specifi c activities and periods of the and non-national workers. year. Furthermore it is important to address the less favourable treatment of seasonal workers compared to long-term work-
23 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
Another sector that has proved to be particularly prone to EU Seasonal Migrant Workers’ abuses and exploitation is domestic work. Domestic work is Directive: Full Respect of Equal generally “invisible”, undervalued and poorly regulated. Since it Treatment Necessary is carried out in private households, apparently not contribut- ing to profi t-generation, and entailing a signifi cant degree of Joint NGO Statement, 20 April 2011 proximity and intimacy with the employer, it remains virtually invisible as a form of employment in many countries. Domestic NGO Recommendations to Members and family care workers are usually depicted as being “part of of the European Parliament the family”, and their work is not regarded as “real” work as it In view of the European Parliament, Civil Liberties Com- mirrors work historically performed by women without remu- mittee’s Hearing on Legal Migration, a coalition of NGOs neration. As a result, domestic and family care work can often active on migration have the following recommendations be precarious, low-paid and unprotected – both in so-called for MEPs on the European Commission’s proposed developing and industrialized countries – while domestic work directive on “conditions of entry and residence of represents an area of growing concern with respect to traffi ck- third-country nationals for the purposes of seasonal ing for the purpose of domestic servitude, both internal and employment”. transnational, particularly when it involves children and espe- cially girls. The directive should: • Establish the necessary conditions for the effective Domestic workers celebrate access of seasonal workers to the full respect of rights breakthrough equal treatment regarding, in particular, work condi- “Campaigners are celebrating the long-awaited tions, social rights and access to legal redress. • Defi ne exactly what is meant by “seasonal work” to ratifi cation of a treaty on labour rights for prevent social dumping between national and third- domestic workers that will offer protection to country workers in the EU. millions of employees worldwide. From Thurs- • Include in the scope of the directive those third-coun- day (5 September 2013) the domestic workers try nationals who already reside in an EU Member convention (International Labour Organization State and who do not have access to the labour (ILO), Convention Concerning Decent Work for market. • Offer decent working conditions and comprehensive Domestic Workers (June 2011)) will be legally social protection measures which are vital to guar- binding for signatory countries. The treaty, antee a standard of rights which is common to all originally adopted by the International Labour workers, including seasonal workers. Organization (ILO) in 2011, is the fi rst to deal • View seasonal migrant workers not merely as eco- specifi cally with domestic workers. There are nomic units but as human beings; make provisions about 50-100 million domestic workers global- that allow for family unity and/or reunifi cation and for a possibility to change status into a more permanent ly, mainly women and girls. Their tasks include one. cooking, cleaning and looking after children • Retain reference to the employers’ obligation to pro- and the elderly. Such workers are often poor vide accommodation but the defi nition of “adequate and employed outside their home country, housing” must be qualifi ed. making them particularly vulnerable to abuse • Reinforce complaints mechanisms and strengthen and slavery. The treaty gives employees the rules on labour inspections to monitor the conditions under which third-country nationals are recruited and right to claim basic rights, including days off employed. each week, set hours and the minimum wage. Eight countries have ratifi ed the convention, Source:
Source: Grant, H., “Domestic Workers Celebrate Rights Break- through”, The Guardian, 5 September 2013,
24 Chapter 2
Accountability of employers In this regard, the EU Employers Sanctions Directive48 is in- Th e combination of the deregulation of labour markets and the tended to strengthen deterrence for employers who use irregu- progressive downsizing of labour inspection services has con- lar third-country nationals, taking advantage of their reduced tributed to the creation of a signifi cant mass of the labour force contractual capacity and vulnerable position. On the one that is in a vulnerable situation. Th ere is a high risk that these vul- hand, the Directive punishes employers with potential sanc- nerable people will be exploited by unscrupulous employers.45 tions ranging from fi nes to criminal penalties; on the other, it strengthens the rights of irregular migrant workers by requir- Th ere are still too few labour inspections and those that take ing employers to pay outstanding wages, including taxes and place are ineff ective because labour inspectors often lack the social security contributions. Th e fi rst European Commission’s skills required to detect and identify traffi cked workers and report on the implementation of the Directive is expected to be to sanction exploitative employers.45 Additionally, in certain issued by 20 July 2014, and analyses and assessments of the im- countries labour inspectorates have a limited mandate with re- pact of these provisions are already being carried out by major gard to the kind of premises that they can inspect or the powers national and European NGOs.49 Th e fi ndings highlight that the and prerogatives attributed to their offi cials. Another challenge Directive has a number of unintended negative consequences is the increasing imposition of measures that compel labour in- for undocumented migrants and that – in several countries – it spectors to conduct immigration enforcement activity as part is not being properly applied.50 As a result, undocumented mi- of their inspection agenda. Th is has the eff ect of intimidating grants will not be able to access protection measures granted migrant workers and preventing them from exposing or resist- by the Directive and exploitative employers will continue to ing abusive conditions.47 In this respect, migrant workers often profi t from the cheap labour they provide while facing very fear that contacting the police or seeking access to justice will low risks of being punished for their unlawful conduct.51 Nev- result in their arrest and deportation instead of allowing them ertheless, the legislation contains some positive aspects with to gain legal redress. regard to the treatment of undocumented workers. Th ese in- clude measures to enforce automatic payment of any outstand- ILO provisions on labour inspection ing remuneration and ensuring the possibility of lodging com- plaints through, or with the support of, a third party, such as a voluntary body or trade union. Having adopted this Directive, According to the ILO Labour Inspection Convention, 1947 the European Parliament, along with the other EU institutions, (No. 81), labour inspections have three functions: enforce- now has an obligation to remain vigilant in monitoring and ment of the legislation on conditions of work; technical ensuring that such protective measures do in fact have the in- advice and information on its application; and participation tended eff ect of ensuring that employers, not migrants, pay the in its improvement. Any further duties which may be en- price of exploitation. trusted to labour inspectors should not interfere with their primary duties or prejudice their authority and impartiality. A complementary remedy would be the use of fi nancial in- Under the Labour Inspection (Agriculture) Convention, vestigations and tax enforcement measures to clamp down on 1969 (No. 129), the system of inspection in agriculture unfair and undeclared profi ts.52 Indeed, the approach of “going must cover all wage workers or apprentices, “however after the money” is also essential with respect to the compensa- they may be remunerated and whatever the type, form or tion of victims who suff ered from traffi cking and exploitation duration of their contract”. abuses, as it allows them to receive outstanding wages. Sources: International Labour Organization, Labour Inspection Convention, C081 (Geneva, 1947),
25 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
The role of the business sector In this context, governments play a pivotal role in exhorting Th e impact of globalization on large-scale distribution and private companies to proactively eradicate factors that may production policies has forced traders to charge progressively contribute to human traffi cking.59 Here, the California Trans- lower prices that are passed on to producers. Th is results in parency in Supply Chains Act (2012) serves as an exemplary lower wages for workers, especially in some sectors such as model, as it “requires every retail seller and manufacturer in agriculture and commercial fi shing that cannot delocalize or California doing more than $100 million in business worldwide outsource the production chain. In this respect, if production to publicize its eff orts to eliminate slavery and human traffi ck- policies place their sole emphasis on economic growth and ig- ing from its direct supply chain”60. nore issues related to social protection, while treating labour administration and minimum wage machinery as “distortions” Exploitation-free production process to market effi ciency, they will contribute to create an environ- in agriculture (Italy) 53 ment where the exploitation of the labour force fl ourishes. “One example of a good practice was carried In this respect more eff orts need to be made to engage the out by the associations “Africalabria” and SOS business sector to prevent exploitation.54 For instance, it can Rosarno: we worked in order to put together promote anti-traffi cking initiatives within corporate social re- small and medium agricultural producers and sponsibility programmes, including the adoption of codes of sold clementines at a fair price, of course conduct to comply with international human rights and labour higher than those of the large-scale producers, standards. Businesses should also give special consideration but the production was exploitation-free as to the rights of migrants and foreign contract workers in the supply chain, promote ethical recruitment schemes, carry out all producers were able to pay proper wages workplace assessments, and promote training and capacity to the workforce, including social protection building programmes aimed at suppliers. contributions.”
In recent times, useful practical tools have been launched to Source: G. Pugliese, contribution from the fl oor at the OSCE Seminar raise awareness and assist business managers in preventing on Co-operation to Prevent Traffi cking in Human Beings in the human traffi cking. For instance, an expert group convened by Mediterranean Region, Rome, 8 February 2013 (unoffi cial translation). the UN Special Rapporteur on traffi cking in persons, especially women and children, drafted Benchmarks and indicators for ensuring traffi cking-free supply chains55 as well as the UN Guid- ing Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework.56 Th rough these practical tools, the business community can “ex- ercise due diligence […] in their supply chains in order to detect and prevent cases of traffi cking”57. Similarly, End Human Traf- fi cking Now (EHTN), the United Nations Global Initiative to Fight Human Traffi cking (UN.GIFT) and Microsoft developed the E-Tool, an online course for all levels of business managers and employees.58
–––––––––––––––––––––––––––––––––– 53 OSCE Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings, An Agenda for Prevention: Traffi cking for Labour –––––––––––––––––––––––––––––––––– Exploitation (Vienna, 2011),
26 Chapter 2
Lorenzo Trucco The Ten Principles of Attorney, Association ASGI (Associazione Studi Giuridici the UN Global Compact sull’Immigrazione – Associa- tion on Juridical Studies on The UN Global Compact is a strategic policy initia- Immigration), Italy. tive for businesses that are committed to aligning their operations and strategies with ten universally accepted “It is very important to ensure that there is some principles in the areas of human rights, labour, environ- sort of recognition for virtuous companies and ment and anti-corruption. By doing so, business, as those compliant with the law, in order to push a primary driver of globalization, can help ensure that everyone towards the path of legality. In this markets, commerce, technology and fi nance advance in ways that benefi t economies and societies everywhere. sense, we set up an initiative, also in collabora- The UN Global Compact asks companies to embrace, tion with associations very responsive on this support and enact, within their sphere of infl uence, a issue, such as those of Rosarno, and Carlo set of core values in the areas of human rights, labour Petrini’s ‘Slow Food’ movement and ‘Mother standards, the environment and anti-corruption: Earth’, to try to promote the processing of agricultural products without exploitation or Human Rights • Principle 1: Businesses should support and respect hiring irregular workers. The goal is not to focus the protection of internationally proclaimed human only on leaving the exploitative conditions [on rights; and the part of exploited migrant workers] through • Principle 2: make sure that they are not complicit in the issuance of a residence permit, but to act human rights abuses. on the entire production process.”
Labour Source: L. Trucco, contribution from the fl oor during the OSCE Seminar on Co-operation to Prevent Traffi cking in Human Beings in • Principle 3: Businesses should uphold the freedom of the Mediterranean Region, Rome, 8 February 2013 (unoffi cial transla- association and the effective recognition of the right tion). to collective bargaining; • Principle 4: the elimination of all forms of forced and compulsory labour; The role of consumers • Principle 5: the effective abolition of child labour; and Consumers also have a role to play in preventing traffi cking by • Principle 6: the elimination of discrimination in respect reducing the demand for goods and services produced through of employment and occupation. the use of exploited and traffi cked workers. Yet, most initiatives to prevent traffi cking have targeted the victims’ countries of Environment origin – the supply end of the traffi cking chain. Th e destination • Principle 7: Businesses should support a precaution- countries are rarely targeted. For a long time, this sort of “mis- ary approach to environmental challenges; allocation of root causes” of human traffi cking has diverted ef- • Principle 8: undertake initiatives to promote greater forts and resources to address the consumers and the commu- environmental responsibility; and nities where traffi cked persons are exploited.61 In recent years, • Principle 9: encourage the development and diffusion signifi cant initiatives to change this trend have been developed of environmentally friendly technologies. to raise the awareness of consumers and infl uence their behav- iour. Several communication campaigns and actions – often Anti-Corruption targeting major brands – have been organized to engage public • Principle 10: Businesses should work against corrup- support.62 tion in all its forms, including extortion and bribery. Th e business community has a role to play in this eff ort. It can Source: make information accessible to consumers so that they are in-
–––––––––––––––––––––––––––––––––– 61 Ibid. 62 Remarks by M. Levoy at the OSCE Seminar on Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region, Rome, 8 February 2013,
27 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
Engaging the consumers: 2.3 Migration policies “Buy responsibly” Research has documented how restrictive migration policies may have unintended consequences exacerbating the vulner- “Buy Responsibly” is a campaign promoted by IOM ability of irregular migrants to abuses and exploitation. Indeed, (International Organization for Migration) to prevent migration management is critical to the prevention of human human traffi cking for forced and/or exploited labour by traffi cking and in contributing to the creation of an environ- raising the consumers’ awareness on the link between ment that is hostile to exploitation. In this respect, traffi cking everyday products and the exploitative conditions in the Mediterranean and OSCE regions is mostly linked with suffered by traffi cked persons who may have produced vulnerabilities deriving from migration processes, both inter- them. The campaign aims at the following: nal and transnational.
• Raise consumer awareness on human traffi cking for Th e widespread assumption that anti-traffi cking action is labour exploitation and its link to everyday products; just an aspect of the fi ght against so-called “illegal migration” • Empower consumers by providing tools to question or that it can be positively reinforced through such a fi ght, is retailers on the traceability of products; highly questionable. An agenda to stop irregular migration is • Establish powerful partnerships with ethical consumer not necessarily an anti-traffi cking agenda, as restrictive migra- networks to demand traffi cked labour free supply tion policies are a component of the social vulnerability of mi- chain; grants that are exploited by organized crime and unscrupulous • Establish contacts with private sector companies in employers63. order to establish a supply chain monitoring system. • Since 2009, launch events were held in Brussels, Such an approach can be dangerously simplistic and tends to Geneva, Vienna, The Hague and Warsaw, where a ignore that in order to detect traffi cking it is also necessary to gigantic upside-down shopping cart – symbol of the detect exploitation. As long as the focus is primarily on the im- campaign – was placed in the city’s main shopping mediate deportation of every irregular migrant without appro- area. priate procedures wherein the person is heard and indications of exploitation are recognized, traffi cking will not be detected. Source:
Th e need to revise the criminalization approach has been en- dorsed by the European Court of Human Rights, which stated –––––––––––––––––––––––––––––––––– that a Member State’s legislation is precluded from providing 63 Opening Remarks by M.G. Giammarinaro at the OSCE Seminar on Co-op- for imprisonment on the sole grounds that a third-country na- eration to Prevent Traffi cking in Human Beings in the Mediterranean Region, 64 Rome, 8 February 2013,
28 Chapter 2
Position of the UN Special Rapporteur on From FLAI CGIL and CGIL Campania, the human rights of migrants regarding the crime of irregular entry an agreement between Italy and “Irregular entry or stay should never be con- Tunisia to protect migrant workers sidered criminal offences: they are not per se crimes against persons, property or national “We want to cut traffi cking in human beings off at the security. It is important to emphasize that ir- roots, before criminals become involved. Five branch of- fi ces opened in Tunisia and Campania, Italy. Information regular migrants are not criminals per se and is now being received from countries of origin, creating should not be treated as such.” synergies and exchanges to ensure that workers who come from other countries seeking employment in Italy Source: UN Human Rights Council, Report of the Special Rapporteur are not confronted only with insurmountable prob- on the human rights of migrants, François Crépeau, A/HRC/20/24 lems and unmet expectations. The agreement signed (2 April 2012), para. 13. in February 2013 in Tunis between FLAI [Federazione Lavoratori AgroIndustria – Agro-Industrial Workers’ In this context, there is also the need to prevent child traffi ck- Federation] CGIL [Confederazione Generale Italiana ing by strengthening the care and protection of children on the del Lavoro – Italian General Confederation of Workers], move, especially among at-risk children in the context of cross- National CGIL Campania, Campania FLAI, FGA [Fédéra- border and in-country migration. In this respect, child protec- tion Générale de l‘Agriculture], and the CGIL National as tion must be paramount and the migration perspective should well as the UGTT [the Tunisian trade union confedera- be secondary.65 tion] goes in this direction. It is a collaborative agreement aimed at creating international protections for labourers, Yet, too often States still address human traffi cking “solely beginning in the country of origin, for men and women through the lens of sovereignty, border security or law enforce- who come to our country to fi nd employment in the ment, sometimes driven by hostile domestic constituencies. Al- agricultural sector, one of the major employers of labour though States have legitimate interests in securing their borders migrants, with signifi cant seasonal increases.” and exercising immigration controls, such concerns cannot, and indeed, as a matter of international law do not, trump the ob- Source: See CGIL/FLAI website:
Migration policies have an undoubted impact also on the la- bour market, particularly in some sectors of the economy that For instance, labour migration policies based on employer- are labour-intensive and are often staff ed by migrant workers. centred procedural requirements68 or visas linked to a single Research has documented how restrictive migration policies employer or employment leave “the migrant workers complete- may have unintended consequences, exacerbating the vulner- ly dependent on their employers to obtain a residence permit ability of migrant workers to abuses and exploitation.67 In this and eff ectively prevent them from leaving their employment”69. respect, it is critical to pursue policy coherence and promote feasible channels for regular migration for working purposes not only for the most educated segment of the migrant work- force but also for low-skilled workers. Such migration manage- ment measures should be assessed in light of OSCE commit- ments against traffi cking and labour exploitation.
–––––––––––––––––––––––––––––––––– –––––––––––––––––––––––––––––––––– 67 ILO, Labour inspection in Europe: undeclared work, migration, traffi cking 65 Alliance against Traffi cking in Persons Expert Co-ordination Team, Joint (Geneva, January 2010); OSCE Offi ce of the Special Representative and Statement on Child Protection, Especially among Migrant, Undocumented, Co-ordinator for Combating Traffi cking in Human Beings, An Agenda For Unaccompanied, Separated and Asylum Seeking Children, to enhance Prevention: Activities And Challenges in 2011. 2011 Annual Report of the Prevention of Child Traffi cking (2010),
29 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
Furthermore, migration policy should be gender and age- 2.4 Asylum policies sensitive. Half of the world’s 200 million migrants are women. Nevertheless, migration policies and opportunities are still Individuals can start their journey as regular or irregular mi- largely oriented towards men. Women are more likely than grants through legal channels or smuggling rings and, once in men to be underemployed in jobs below their education and the country of destination, they can become victims of traffi ck- skill levels, and mostly work in sectors that are thought of as ing and, eventually, refugees because “they are unable to return traditionally female. Migrant women, despite their often high to their countries of origin for fear of being stigmatized for their level of education and skills, are also generally employed in forced participation in sex work or in exploitative work condi- unskilled and unregulated sectors of the labour market such tions, or may be at risk of being traffi cked once again and not as domestic work, which puts them at a greater risk of abuse being able to fi nd protection”71. In other instances, while trying and traffi cking. In order to ensure better protection of women to fl ee from persecution and armed confl icts, asylum seekers and girls from risk and abuse, and avoid discrimination and and refugees can end up being traffi cked while trying to reach unequal treatment of female migrants, it is necessary to estab- a safe destination.72 lish and/or enhance gender-sensitive labour migration policies and practices.70 In many countries, victims of traffi cking and asylum seekers are usually granted separate forms of protection, with asylum seekers generally treated more favourably. In so doing, States often overlook the fact that traffi cked persons may qualify for Guide on both forms of protection, or, if qualifying only for one of the Gender-Sensitive two, may be in need of support measures envisaged by both Labour Migration protection systems in order to access steady and lasting protec- tion.73 For this reason, there are cases where traffi cked persons Policies Guide on Gender-Sensitive prefer not to come forward and disclose their traffi cking ex- Labour Migration Policies perience in order to enjoy rights and long-term opportunities The OSCE Guide defi nes 74
provided under existing asylum procedures. gender-sensitive labour migrationation policies as those recognizing Because of the clear intersection between asylum policies and that both men and women migrate for economic rea- policies for the protection of traffi cked persons, it is essential sons and better employment opportunities, and that to gain a deeper understanding of how the two protection sys- female migrant workers also make signifi cant contribu- tems can support each other in a synergetic way. Th is would al- tions to national economies in both countries of origin low States to avoid detrimental consequences for both asylum and destination. Conceptually the Guide follows a rights- seekers and victims of traffi cking that are created when aspects based approach as outlined in the Beijing Platform of both protection policies interfere with one another. To ac- of Action of the Fourth World Conference on Women complish this, it would be necessary to build an area of joint (1995). This approach has been transferred to migration work between practitioners and professionals working in the policy. These are the three crucial rights dimensions that two systems. Such a collaborative eff ort must be carried out should be refl ected in gender-sensitive labour migration “with a view to maximizing the protection of the human rights policies: a) women’s rights to legal migration opportuni- of all traffi cked persons”75. ties; b) women’s rights within the migration process, for example, to safe and secure recruitment, fair remunera- tion and decent working conditions; and c) women’s rights realized through migration, such as increased au- tonomy and self-confi dence to negotiate better in terms –––––––––––––––––––––––––––––––––– of employment and to have control over their earnings. 72 See, for instance, Coalition for Organ-Failure Solutions, Sudanese Victims of Organ Traffi cking in Egypt: A Preliminary Evidence-Based, Victim-Centered Source: OSCE, Guide on Gender-Sensitive Labour Migration Poli- Report (Cairo-Washington, 2011). cies (Vienna, 2009),
30 Chapter 2
Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings
Policy and legislative recommendations 2.5 The protection of the rights of towards the effective implementation of the non-punishment provision with regard to victims of trafficking Expert Co-ordination Team
Alliance against Trafficking in Persons exploited and traffi cked workers: in consultation with the complementing criminal justice
76 Organization for Security and With regard to victims’ rights, the UN Palermo Protocol Co-operation in Europe (2000) paved the way towards a better understanding of victim protection as an integral part of the struggle against traffi ck- Policy and ing. Th e Council of Europe Convention on Action against Traf- fi cking in Human Beings77 (2005) went much further, affi rming legislative recommendations that traffi cking is a violation of human rights and an off ence towards the effective implementation to human dignity and integrity of the person, setting up mini- of the non-punishment mum standards for the protection of and assistance to victims regardless of their willingness to co-operate with authorities. provision with regard to victims Th e OSCE Action Plan78 and all the OSCE commitments in of traffi cking this fi eld clearly refl ect a human rights-centred approach. Such an approach has been adopted by the 2010 UN Global Action This paper examines the principle of non-punishment in Plan79, which should be used as a means to strengthen and ori- international law, explores the scope of its application entate the enforcement of the Palermo Protocol. and discusses the challenges in its practical implemen- tation. It includes a number of practical examples and At the European level, the primary source when dealing with court cases which were made available by national victims’ rights is the European Convention on Human Rights80 agencies, NGOs and legal professionals who have been together with EU regulations in the 28 Member States of the examining these issues extensively. The paper con- Union. In this latter respect, EU Directive no. 36/2011 on pre- cludes with the provision of practical guidance and the venting and combating traffi cking in human beings and pro- formulation of policy and legislative recommendations tecting victims, provides innovative and detailed provisions to towards the effective implementation of the non-punish- ensure victims’ rights, highlighting fi rst and foremost the prin- ment provision with regard to victims of traffi cking ciple of non-punishment of traffi cked persons for illicit acts that they may have committed while they were being exploited Source: OSCE Offi ce of the Special Representative and Co- by a traffi cking ring.81 ordinator for Combating Traffi cking in Human Beings, Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of traffi cking (Vienna, 2013), http://www.osce.org/cthb/101002, accessed 2 October 2013.
–––––––––––––––––––––––––––––––––– 76 United Nations, United Nations Protocol to Prevent, Suppress and Punish Traffi cking in Persons, Especially Women and Children, Supplementing the Th e EU Directive is also a benchmark for anti-traffi cking United Nations Convention against Transnational Organized Crime (New legislation as it contains provisions related to assistance and York, 15 November 2000),
31 Maria Grazia Giammarinaro taking into account that exploitation is a continuum, traffi ck- OSCE Special Representative ing victims should be regarded as people who have suff ered from the worst forms of exploitation, and who are therefore entitled to more signifi cant assistance and support measures.
OSCE/Alberto Andreani At the same time, the entire spectrum of exploitation should be addressed by diff erent means. “The ultimate goal of assistance and support measures is the social inclu- In light of the above, to reduce traffi cking for labour exploitation, the application of labour standards and the implementation of sion of the traffi cked person. In the vast specifi c legislation to ensure protection for highly vulnerable majority of countries, national regulation workers would be needed, regardless of the workers’ immigra- provides for repatriation of the victim tion status. In this respect, the challenge is to extend minimum standards of protection to all workers, including migrant work- after the end of criminal proceedings. ers, and to make sure that the laws are enforced. However, a human rights-based ap- proach should primarily focus on the Such measures would act as a greater deterrent to discour- age unscrupulous employers from exploiting migrant workers legitimate interests of traffi cked persons, again in the future. and lead to better regulation, providing for job opportunities in the country of destination, or in the country of origin FRA guidelines on access to in case of voluntary return. In simple justice, to enable undocumented words, traffi cked persons should have a migrants to report crime without real chance to rebuild their lives.” being apprehended Access to justice Source: Address of the OSCE Special Representative and Co-ordinator In the interest of fi ghting crime, Member States may for Combating Traffi cking in Human Beings Maria Grazia Giammarinaro, consider introducing possibilities for victims and wit- at the Bundestag, Berlin, 9 November 2011. nesses to report crime without fear of being appre- hended. To this end, the following good practices may However, taking into account the features of the traffi cking be considered: phenomenon and its pervasive nature, it is necessary to address • introducing possibilities for anonymous, or semi- a broader area of exploitation, especially regarding migrant anonymous or other effective reporting facilities; workers, in order to make preventative measures eff ective. • offering victims and witnesses of serious crimes the possibility to turn to the police via third parties (such Traditionally victim protection responses have been built on as a migrants ombudsman, specially designated the assumption that only a limited number of migrants were offi cials; or entities providing humanitarian and legal traffi cked. As victims of a serious crime, traffi cked persons are assistance); entitled to assistance and support and to residence permits on • defi ning conditions under which victims or witnesses an exceptional basis. However, this strategy has only had a lim- of crime, including domestic violence, could be ited impact. Protection measures for traffi cked persons can- granted residence permits; not be successful if exploitation of migrant workers in general • developing leafl ets in co-operation with labour inspec- terms remains largely tolerated. From this perspective, traf- torates or other relevant entities to systematically and fi cked persons should be seen fi rst and foremost as workers. objectively inform migrants apprehended at their work If States prioritized the rights and needs of migrant workers, places of existing possibilities to lodge complaints instead of concentrating on levelling administrative or criminal against their employers, and in this context taking sanctions for how they entered or stayed in a country, more steps to safeguard relevant evidence. victims would be identifi ed and protected.82 In this context, Source:
32 Chapter 2
However, there is another, even more general, issue to address. Michele Levoy Is the link between assistance measures and the criminal jus- Director, Platform for International Cooperation tice response eff ective in ensuring support for victims? In the on Undocumented Migrants vast majority of national regulations, assistance is linked with (PICUM) the existence and development of criminal proceedings. Taking into account the limited number of prosecutions for human 10 ways to protect traffi cking84 and traffi cking for labour exploitation in particular, Undocumented Migrants (UDMs) the number of people who in fact enjoy assistance and support is very low, even when there are clear indications of traffi cking 1. Engaging Public Support - Awareness-Raising or serious exploitation, and even when traffi cked persons are Campaigns and Actions ready to co-operate with judicial authorities. It happens, in fact, 2. Collecting Appropriate Data that these persons lose their assistance entitlements and are at 3. Informing Undocumented Migrants about risk of being deported if criminal proceedings are terminated Their Rights for whatever reason. 4. Empowerment of UDMs 5. Unionizing UDMs Th erefore, the possibility of establishing grounds for assistance 6. Working with Employers to Prevent Exploitation and support measures not necessarily linked to the legal quali- and Holding them Accountable for Abuse fi cation of a case as a traffi cking case – and with the related 7. Mediation and collective actions criminal proceedings – should be explored. Th ese grounds, 8. Using Legal Channels which should include exploitation and coercion or abuse, 9. Working with Governmental Agencies to Promote could be evaluated by local authorities or social services, with UDMs’ Rights a recognized role for NGOs. Th ey should also be tailored to 10. Regularizing UDMs and setting up regular channels meet the needs of exploited persons. In this view, it is essen- for labour migration tial to establish co-ordination bodies comprising of – inter alia – all relevant ministries and civil society representatives – “to Source: Remarks by M. Levoy at the OSCE Seminar on Co- guarantee a transversal approach to the problem of traffi cking, operation to Prevent Traffi cking in Human Beings in the Mediter- ranean Region, Rome, 8 February 2013,
–––––––––––––––––––––––––––––––––– 83 OSCE Offi ce of the Special Representative and Co-ordinator for Combating –––––––––––––––––––––––––––––––––– Traffi cking in Human Beings, An Agenda for Prevention: Traffi cking for Labour 85 Opening Remarks by T. Morais at the OSCE Seminar on Co-operation to Exploitation (Vienna, 2011),
33 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
In line with this approach, the criminal justice response, which Recent efforts to develop a multi- continues to be essential and should be further enriched with agency approach: Tunisia and Egypt additional tools, should be complemented with civil and labour law remedies to ensure that every situation of exploitation not Tunisia has established a National Commission to amounting to traffi cking or another serious crime is dealt with. Combat Traffi cking in Persons, including representatives Especially in the fi eld of labour exploitation, and particularly of the Ministries of Interior, Foreign Affairs, Social Affairs, in cases in which the modus operandi of criminal groups is Finance, Women’s Affairs and Health, as well as civil so- based not on violence but on abuse, the legal qualifi cation is ciety, to draft legislation and promotes training courses particularly challenging. In this respect, it is important to mo- at different levels. bilize further institutional and civil society resources enhanc- ing labour inspections and workers’ empowerment measures, Source: Opening Remarks by K. Amiri at the OSCE Seminar on both in countries of destination and origin, and also in case of Co-operation to Prevent Traffi cking in Human Beings in the Medi- return. In the latter, “return should not be the only option for un- terranean Region, Rome, 8 February 2013,
Source: Remarks by M. Derriennic at the OSCE Seminar on Co-oper- ation to Prevent Traffi cking in Human Beings in the Mediterranean Re- gion, Rome, 8 February 2013,
–––––––––––––––––––––––––––––––––– 87 Ibid. 88 Opening Remarks by M.G. Giammarinaro at the OSCE Seminar on Co-op- eration to Prevent Traffi cking in Human Beings in the Mediterranean Region, Rome, 8 February 2013,
34 Chapter 1
Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings
CHAPTER Illustration: Creazione (2004), Tempera on brick 10x10 cm, by Adriano Parracciani 3 THE WAY FORWARD: THEMATIC AREAS TO ENHANCE CO-OPERATION IN THE MEDITERRANEAN REGION
35 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
Migrants, in particular undocumented migrants, are still an eff ective strategy to prevent human traffi cking for labour among the groups and individuals most vulnerable to ex- exploitation and empower traffi cked and exploited migrants. ploitation and human traffi cking. Th e sheer extent of human Both topics are highly relevant to the Mediterranean region. tragedies that the recent migration from the Mediterranean region to the European Union has produced is unspeakable and In this respect, given the close business relations between the has made it impossible to look away. Th ose who arrive on the two sides of the Sea, especially in the context of the Euro-Medi- Northern shores of the Mediterranean are considered lucky; terranean free trade area, the business sector can play an active however, already from the outset of their travel or soon upon role in pursuing practices that can positively impact the protec- arrival, many migrants fi nd themselves again living and work- tion of workers’ human rights by giving special consideration ing in inhuman conditions, exploited, discriminated against to human traffi cking for labour exploitation, thus preventing and even criminalized. the worst consequences suff ered by traffi cked persons. In fact, victims in the region are very often heavily indebted, exposed Th is human tragedy however has also created political momen- to discrimination and violence, and often outlaws, especially tum. Migration issues are back on the agenda nationally and since irregular migration has become a crime in many countries. internationally. Th is allows renewing eff orts to look beyond the surface and live up to the respective responsibilities – as OSCE Th e lack of decent work and social protection, poverty, unem- participating States and Partners for Co-operation – to protect ployment, discrimination as well as denial of human rights and the fundamental rights of traffi cked persons and ensure decent access to justice represent major push factors for persons from working conditions for all migrant workers.89 Southern Mediterranean countries to migrate to Europe. Th e very same elements make migrants vulnerable to exploitation As stated in the UN Global Compact Principle 4, human traf- and easy prey for traffi ckers and unscrupulous employers dur- fi cking for labour exploitation “does not only constitute a viola- ing the trip as well as when they arrive at their destination.91 tion of fundamental human rights, but it also deprives socie- ties of the opportunity to develop skills and human resources, Particularly in the fi eld of labour migration, European, Middle and to educate children for the labour markets of tomorrow. So Eastern and Northern African countries share many common the debilitating consequences of forced labour are not only felt challenges today. Th e fact that the economies of both countries by individuals, in particular children, but also by society and of origin and destination have become increasingly dependent the economy at large. By retarding the proper development of on inexpensive, migrant labour and remittances, respectively, human resources, forced labour lowers the level of productiv- requires renewed eff orts on both sides of the Mediterranean, ity and results in less secure investments and slower economic particularly in the fi eld of labour exploitation and traffi cking of growth. Th e loss of income due to disruption of regular jobs or the most vulnerable workers: undocumented migrants as well income-generating activities reduces the lifetime earnings of po- as asylum seekers and persons under international protection. tential breadwinners and is thus likely to lead to the loss of food, Th e increasing transnational nature of organized crime in the shelter, and health care of whole families. Mediterranean region as well as the incidence of transnational situations linked to migrant exploitation requires enhanced co- While [economic sectors] operating legally do not normally em- operation between OSCE participating States and the Mediter- ploy such practices, [human traffi cking and] forced labour can ranean Partners for Co-operation. become associated with enterprises through their business links with others, including contractors and suppliers. As a result, all Th ere is, therefore, a need to further support a human rights employers should be aware of the forms and causes of forced as well as a multidisciplinary approach to anti-traffi cking strat- labour, as well as how it might occur in diff erent industries.” 90 egies, in line with the OSCE commitments and international human rights law. 92 Th e high-level conferences of the Alliance against Traffi cking in Persons organized by the OSCE Offi ce of the Special Rep- As a result of the discussions that took place at the Seminar resentative and Co-ordinator for Combating Traffi cking in on Co-operation to Prevent Traffi cking in Human Beings in Human Beings in 2011 and 2012 were dedicated to the themes the Mediterranean Region, three main thematic areas were of decent work and anti-discrimination as signifi cant parts of identifi ed for enhanced co-operation in the Mediterranean
–––––––––––––––––––––––––––––––––– –––––––––––––––––––––––––––––––––– 89 Opening Remarks by M.G. Giammarinaro at the OSCE Seminar on 91 Opening Remarks by M.G. Giammarinaro at the OSCE Seminar on Co-op- Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean eration to Prevent Traffi cking in Human Beings in the Mediterranean Region, Region, Rome, 8 February 2013,
36 Chapter 3
region. In order to be more action-oriented, each thematic area In general terms, cases of labour exploitation and traffi cking is briefl y described and the desirable target for enhanced co- for forced labour often go undetected because they are largely operation is also outlined. hidden crimes and remain a low priority for law enforcement. Although labour unions acknowledge the issue of labour ex- 3.1 Access to justice and compensation ploitation of irregular migrant workers, there is minimal rep- resentation of their interests and needs. Since the majority of for exploited and traffi cked workers traffi cked persons are undocumented migrants, they are often Thematic Area 1 denied the recognition of ancillary rights that would support To promote better co-operation aimed at meeting the needs and their access to justice. Finally, even when traffi cked persons are protecting the rights of traffi cked and exploited migrants, espe- successful in their eff orts to claim compensation there are of- cially for the purpose of labour exploitation, including compen- ten obstacles impeding payment. For example, they may not be sation for lost wages and other damages. able to obtain compensation from their exploiters, since these parties may lack the necessary means to comply with a judicial Specifi c attention should be devoted to access to justice in the decision on damages or because they simply cannot be identi- process of return, especially regarding the respective duties fi ed or prosecuted. In the absence of a victims’ rights culture of countries of origin and destination, with a view to enabling many governments have no structures in place to confi scate traffi cked and exploited migrants to claim their rights through traffi ckers’ assets and do not place a high priority on guarantee- easy and quick procedures, before and after return. Clear for- ing compensation payments. mulation and attentive enforcement of provisions related to the accountability of employers, including complaint mechanisms Very little of the existing structure for providing assistance to and remedial actions for workers, would off er a valid support traffi cked and exploited migrants is oriented towards access to against impunity of fi nal users of exploited and traffi cked work- justice and there is also a need for language services, legal ad- force. vice, and support services focused on rights. Lack of training also hampers compensation, as investigative and prosecutorial Art. 6 of the EU Employer Sanctions Directive93 represents authorities are often not aware of the measures to be taken at a step forward in this direction: it makes employers liable to an early stage of criminal proceedings, including appropriate pay back outstanding remuneration to irregular third country and comprehensible information, to enable traffi cked and ex- nationals and obliges States to systematically inform undocu- ploited persons to claim their rights. With respect to legal ad- mented migrants about their rights under this provision. Th e vice and representation for traffi cked persons, state legal aid is Directive also obliges States to put in place eff ective com- inconsistent and problem-ridden and when it is awarded it is plaint mechanisms through which irregular migrant workers often insuffi cient. may lodge complaints against their employers and aims at im- proving the accountability of contractors and subcontractors. In transnational cases, additional issues must be dealt with However, according to recent research in the EU94, structural through enhanced international co-operation, including the obstacles to accessing compensation for traffi cked and ex- possibility for the exploited person to stay in the country where ploited migrants are highly correlated with two main aspects: the exploitation took place in order to be able to claim compen- the non-identifi cation of traffi cked persons and exploited mi- sation, or, if the person is not allowed to stay, the possibility to grants as victims of crime as well as violations of labour laws, present a complaint and give evidence in the country of return. and a failure to promote a victims’ rights culture. Concern- ing migrant workers coming from the Southern rim of the Target Mediterranean, a further obstacle is the lack of international To set up measures to facilitate the access to compensation co-operation frameworks dealing with the issue of their access for lost wages and other damages suff ered by traffi cked and to justice in transnational cases. exploited migrants, irrespective of their residence status, and regardless of whether they have been identifi ed and/or formally recognized as victims of traffi cking95, with a view to allowing the person to access these measures either in the country of –––––––––––––––––––––––––––––––––– origin or destination. 93 European Union, Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (18 June 2009), in Offi cial Journal L 168/24, 30/6/2009,
37 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
3.2 Confi scation of assets of relevant information in many diff erent institutions, including traffi ckers and exploiters not only law enforcement and prosecution agencies but also private fi nancial institutions, combined with a slow and often Thematic Area 2 limited international co-operation on fi nancial aspects related To promote better co-operation aimed at achieving signifi cant to THB, represent the main hindrances in ensuring adequate results in ensuring eff ective fi nancial sanctions against those counter-measures to the fi nancial incentives and undue profi ts who facilitate traffi cking for labour exploitation or receive the related to human traffi cking96. relevant work performance, including exploitative employers, intermediaries and recruiters, in order to enhance real deter- Target rence, to make traffi cking less profi table and more risky, through To set up measures to facilitate the freezing and confi scation the use of fi nancial investigation and anti-money laundering and recovery of the profi ts deriving from human traffi cking measures. and labour exploitation of migrant workers through enhanced co-operation aimed at generalizing the use of fi nancial inves- Th e ability of traffi ckers to move unlawful proceeds quickly, tigations at an early stage of criminal proceedings, sharing in- combined with a weak legal framework and the often unco- formation on THB and money laundering cases, disseminating ordinated law enforcement eff orts represent factors that make good practices on the freezing of assets, third party and non- THB a low-risk, high-profi t crime, amounting to an estimated conviction-based confi scation, anti-money laundering meas- global turnover of USD 32 billion per year. ures, and the use of confi scated assets to pay compensation to victims. Addressing THB eff ectively requires, inter alia, an approach that focuses on the unlawful profi ts, both movable and im- movable. However, the current scenario is characterized by a 3.3 Domestic servitude substantial disconnection between investigations to detect the crime of human traffi cking and fi nancial investigations. Cur- Thematic Area 3 rently, eff ective inter-agency co-operation between Financial To promote better co-operation aimed at enhancing the pre- Investigative Units (FIUs) and Law Enforcement Agencies vention of and the fi ght against domestic servitude, which is a (LEAs) is missing altogether or is very limited in frequency particularly hidden form of labour exploitation, consisting of and scope. Such a situation is detrimental for both law enforce- domestic work performed in slavery-like conditions, and mostly ment activities: a fi nancial investigation for money laundering aff ecting women and children on both sides of the Mediterra- can reveal suspicious activities related to THB and off er useful nean. insight into the fi nances and operations of traffi ckers, provid- ing the grounds for freezing, seizing, and confi scating criminal Both internal and international migrants, especially when the proceeds and assets. latter ones are undocumented, represent a particularly at-risk group for exploitative and abusive situations in domestic and In this respect, it is worth noting that, according to the cur- family care work, due to the often fewer regulations in this sec- rent caseload, profi ts directly linked to the illicit act of human tor and the inability of labour inspectors to verify compliance traffi cking – i.e., the unlawful profi ts deriving from the unpaid with labour standards in private households, including com- wages of exploited workers or the use of the premises of an pliance with the legal minimum age for labour activities. Th e enterprise to make use of traffi cked workforce – are more often general reduction of welfare mechanisms in Europe combined traceable in the countries of destination, while the re-invest- with the increasingly active role of women in working activi- ment and money laundering of the assets deriving from the ties outside of households, helps explain the ever-increasing illicit proceeds related to human traffi cking into licit or illicit demand for domestic work in the Northern rim of the Medi- activities – the purchase and management of a hotel or a farm terranean. or the purchase of high-speed boats to cross sea borders ir- regularly - are usually traceable in the countries of origin of the At the same time, in many countries, traditional solidarity traffi cking process. Such a distinction is relevant also from a le- practices aimed at supporting families in disadvantaged situa- gal and judicial point of view, as THB can be a predicate off ence tions, like entrusting children to wealthier relatives or families for money laundering. However, substantial weaknesses in na- that can off er them the possibility of being raised and educat- tional legal frameworks, the shortage of respectively fi nancial ed, are often distorted in their nature and misused, creating expertise in LEAs (Law Enforcement Agencies) and THB ex- an environment where the exploitation of children, particularly pertise in FIUs (Financial Investigation Units), the location of young girls, is rife. Th is form of traffi cking takes place at both the national and transnational levels.
–––––––––––––––––––––––––––––––––– 96 OSCE, Leveraging Anti-Money Laundering Regimes to Combat Traffi cking in Human Beings (forthcoming).
38 Chapter 3
Currently, factors that make domestic work an at-risk sector An additional challenge is related to the role of intermediar- for exploitative and abusive situations relate primarily to: the ies, often of the same nationality as victims, and often based in poor recognition of a proper status for domestic work and countries of origin. Enhanced police and judicial co-operation workers; the poor regulation of domestic work in the national is crucial in improving eff ective deterrence when tackling the legislations; a lack or a shortage of outreach to domestic work- critical role of intermediaries, which could run individual cases ers, considering that currently labour inspections cannot take but also more extended networks. place in private households which leads to the consequent limi- tation of workers’ rights and of their chances to be protected Target from abusive situations, particularly in the case of children.97 To enhance regional and bilateral co-operation for the identi- fi cation of children and age assessment as forms of prevention In this case, domestic servitude as a form of child labour is a and child protection. To enhance regional and bilateral co-op- violation of human rights and is recognized and defi ned by in- eration to accompany the process of return and reintegration ternational instruments98 as it damages the “child’s physical, so- of minors and young adults in the country of origin, provided cial, mental, psychological and spiritual development because it that return is the option of last resort and is carried out in the is work performed at too early an age” 99. best interest of the child or on a voluntary basis in the case of young adults. To enhance regional and bilateral police and In transnational cases, uncertainty regarding the identity and judicial co-operation with a view to detecting the role of inter- the age of children, due to the lack of birth certifi cates and oth- mediaries and ensuring their prosecution. er essential documents, hampers appropriate prevention, as- sistance and protection measures for victims, commonly also from other forms of exploitation.
Children found in exploitative situations should be granted residence status in the country of destination, also taking into account that the family could have played a role in the deci- sion to send the child abroad. In such cases, the evaluation of the best interest of every individual child should be particularly thorough.
However, if the return takes place on a voluntary basis and in the best interest of the child, such a process should be accom- panied by concerted actions for the educational, family, social and economic reintegration of the child victim, involving in- stitutions and civil society organizations of both sending and receiving countries. In particular, the country of origin should ensure that public social services and reliable NGOs are identi- fi ed in the country of return. Both countries, origin and desti- nation, should ensure appropriate funding for public social ser- vices and NGOs to support every individual child in the return process, and to promote their social inclusion.
–––––––––––––––––––––––––––––––––– 97 OSCE Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings, Unprotected Work, Invisible Exploitation: Traffi cking for the Purpose of Domestic Servitude, Occasional Paper Series no. 4 (Vienna, 2010),
39 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
40 Chapter 1
Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings CHAPTER Illustration: Evoluzione (2004), Tempera on brick 10x10 cm, by Adriano Parracciani 4 CONCLUSIONS
41 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
Conclusions
Addressing modern slavery in the Mediterranean region is es- Th e outcomes of this dialogue, carried out in consultation sential and urgent, both in terms of human rights protection with experts and practitioners of both participating States and and security. As a matter of fact, we are facing a growing crimi- Mediterranean Partners for Co-operation,104 are off ered to the nal phenomenon which increasingly aff ects crucial sectors of relevant stakeholders in the Mediterranean region as a com- the economy on both sides of the Sea. mon ground for further joint action.
Th ere is a strong need for more eff ective action now, as the In this respect, addressing human traffi cking as a human rights impunity and the economic power of organized crime could violation implies not only a negative obligation of the State to negatively aff ect the transition process in the aftermath of the abstain from direct violations of human rights, but also a posi- “Arab Spring”. Th rough enhanced co-operation it is possible tive obligation to put in place protective measures addressing to address the multiple challenges posed by concrete actions potential, presumed and actual traffi cked persons. aimed at eradicating human traffi cking.100 In this view, States must acknowledge the limits of actions carried out individually To achieve concrete results towards this goal one additional P and develop a new strategy capable of making use of their full is needed:105 Political will. Joining forces requires that each in- potential and practical co-operation across the Mediterranean dividual State - whether it is a country of origin, transit, desti- shores101 in order to be able to live up to the respective interna- nation, or a combination of all three - understands that its role tional obligations and fi ght traffi cking in persons with concrete is critical in the fi ght against traffi cking, shows willingness in actions instead of empty words.102 putting forward its experience and potential as well as limits and weaknesses, and demonstrates a real engagement in build- Th e fi ght against traffi cking demands a high degree of co-oper- ing a framework of shared responsibility among all players. ation and a solid framework of partnership. Th e OSCE frame- work can provide an open-dialogue forum and a confi dence- Counteracting traffi cking requires a political platform where building environment to enhance mutual understanding and countries of origin, transit and destination share respective collaboration. responsibilities and support each other’s eff orts in preventing the phenomenon, protecting the victims, prosecuting the re- In this regard, the OSR/CTHB has carried out in-depth consul- sponsible persons, and partnering with relevant national and tations on human traffi cking with the Mediterranean Partners international stakeholders. for Co-operation since the Rome Seminar, off ering a lively fo- rum for discussion which has increased overall knowledge of In this regard, prevention represents a critical aspect of an the emerging challenges and political dilemmas in the region. overall strategy to tackle social vulnerabilities deriving from Th e dedicated section at the OSCE Mediterranean Conference poverty, lack of equal opportunities, confl icts and interperson- on “Th e social and economic impact of traffi cking for labour al violence. And in this context it is undeniable that purely re- exploitation, and the role of the business sector” shows that the strictive migration policies are part of the problem rather than ideas put forward at the Rome Seminar are of lasting relevance, demanding continued attention.103
–––––––––––––––––––––––––––––––––– 104 With the fi nancial support of Italy, on 10 May 2013 the OSR/CTHB held a consultation meeting with experts and practitioners of the countries selected for the pilot project “Combating traffi cking in human beings in –––––––––––––––––––––––––––––––––– the Mediterranean region: Providing access to justice for traffi cked and 100 Opening Remarks by M.G. Giammarinaro at the OSCE Seminar on exploited migrants especially in relation to return”: Algeria, Belgium, France, Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Italy, Morocco, Spain and Tunisia. The meeting provided an opportunity to Region, Rome, 8 February 2013,
42 Chapter 4 OSCE/Alfred Kueppers OSCE/Alfred part of the solution, as they increase social vulnerabilities of The Social and Economic Impact of migrants not only in the country of destination but also dur- Traffi cking for Labour Exploitation, and ing the trip, as migration routes become more complex and dangerous.106 the Role of the Business Sector
Th e Director-General of the International Labour Organiza- Source: This speech was delivered by OSCE Special Representative tion, Guy Ryder, recently called for more regular channels for Maria Grazia Giammarinaro at the OSCE Mediterranean Conference 107 2013 entitled “Enhancing the Role of Women in Public, Political and labour migration to the EU. Indeed, an eff ective strategy to Economic Life”, on 29 October 2013 in the Principality of Monaco. prevent human traffi cking and exploitation includes also pro- It gives a clear explanation of the relevance of the identifi ed areas for moting regular migration and decent work and encouraging co-operation and is a good summary of the work done with the respect for fundamental rights at work, particularly of migrant Mediterannean Partners for Co-operation in 2013. workers. Dear Chair, Th e OSCE can support government and civil society actors in Dear Secretary General, the Mediterranean Region in their joint actions to prevent hu- Dear Ambassadors, man traffi cking by playing a substantial role in assessing spe- Dear Colleagues Ladies and Gentlemen, cifi c needs in the area, putting forward innovative ideas, and promoting political dialogue and eff ective measures. Th e OSR/ First of all, allow me to express my heartfelt thanks to the gov- CTHB will continue working in this direction in the future, ernment of Monaco for hosting today’s Conference. My thanks seeking the support of participating States and the Mediter- also go to the Mediterranean Partners for Co-operation for ranean Partners for Co-operation, to make the region an area having agreed to select human traffi cking as one of the topics of enhanced security where the human rights of nationals and for discussion at this event and for the invitation to address this migrants are protected. session.
Indeed, the recent tragedies that occurred in the Mediterra- nean Sea, with hundreds of lost lives and dispersed persons, have made it impossible to look away from the challenges that we are requested to address. And we should make good use of the political momentum that these tragic events have pro- duced to promote shared responsibilities as countries of origin, transit and destination, between OSCE participating States and Partners, and the European Union, to protect the fundamental rights of all people, and particularly of vulnerable migrants.
In my intervention today I will try to outline how human traf- fi cking is placed at the cross-road of economic and social chal- lenges that are often refl ected in the political and operational dilemmas that all countries are facing, including in the Medi- terranean region; I will then provide an overview of some pos- sible areas for enhanced co-operation, identifi ed during the year in the course of the seminar held in February in Rome, and other consultative occasions with the countries of the Medi- terranean region, which could represent a platform for further dialogue and possibly operational work. –––––––––––––––––––––––––––––––––– 106 Closing remarks by M.G. Giammarinaro at the OSCE/UNODC/IOM Seminar on Strengthening co-operation among countries of origin, transit and desti- nation in combating irregular migration and related transnational organized crimes, Vienna, 31 October 2013. 107 Video message by Guy Ryder at the conference of the European Commis- sion on EU labour law, Brussels, 21 October 2013,
43 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
How human traffi cking intercepts inter-related While mixed migration fl ows111 in the Mediterranean region policy areas in today’s global economy have usually been taken into consideration in the framework Human traffi cking is modern-day slavery: at the global level of smuggling of migrants, recent research and investigations 20.9 million people – men, women and children – are recruited demonstrate that a strong linkage exists between migration – mostly by fraudulent means and abuse of their social vul- towards the Northern rim of the Mediterranean and subse- nerability – to be exploited, often in slavery-like conditions.108 quent exploitation. Migrants fi nd themselves in a situation of 800,000 are exploited in the European Union alone. 68 per cent serious social and economic vulnerability, even when they have globally are exploited at work, in agriculture, commercial fi sh- already reached the destination country and even when they ing, construction, hotels and restaurants, and domestic work.109 have worked regularly for months or years, they could end up being obliged to work in extremely exploitative conditions. Although traffi cking also occurs within the borders of one country, in the OSCE region it is mostly linked with vulner- In my mandate as SR, my Offi ce and I have devoted much at- abilities deriving from migration processes.110 tention to the prevention of traffi cking for labour exploitation. In this respect, in terms of prevention, the work of my Offi ce Social vulnerabilities derive fi rst of all from poverty, lack of has focused more on identifying positive practices aimed at equal opportunities, confl icts and interpersonal violence, and preventing exploitation of migrants rather than sticking to ap- are exacerbated as a consequence of insuffi cient channels proaches aimed at stopping – or drastically limiting - migra- for legal migration; a signifi cant number of migrants address tion fl ows as supposedly the only means to stop abuse from intermediaries to facilitate the migration process and job place- occurring. ment, and often fall prey to criminal organizations. In a situa- tion of irregularity, in the hands of criminal networks, persons In my view, we should adopt a positive approach to the com- become a new commodity. Undocumented migrants are virtu- plex problems related to migration management, rather than ally invisible, legally “non-existent” or they are even criminal- taking for granted or condoning purely restrictive approaches. ized, as in the case of many countries which have introduced Th e truth is that restrictive migration policies are part of the the crime of irregular border crossing and irregular residence problem rather than part of the solution. Youth and women in the country. were major actors in the “Arab Spring”: their aspiration to seek better opportunities in any of the OSCE participating States, if Indeed, human traffi cking in the Mediterranean region refl ects they do not fi nd them at home, should be seen with a friendly the complexities of the phenomenon at the global level, with eye; they should be off ered an opportunity to fi nd a non-ex- ever-changing social, political and economic vulnerabilities ploitative job. A few days ago the Director General of the In- that evolve into a range of migration patterns – internal, in- ternational Labour Organization Guy Ryder urged nations to traregional and international - aff ecting all countries on both expand regular migration channels. And indeed, eff ective pre- sides of the Mediterranean as places of origin, transit, and vention of traffi cking and exploitation involves promoting reg- destination. ular migration and decent work and encouraging respect for Many further factors contribute to fuel exploitative practices fundamental rights at work, particularly of migrant workers.112 in the region. Th e impact of the fi nancial crisis has, de facto, increased the demand for inexpensive labour, particularly in Furthermore, economic participation of women also means some sectors that are more labour-intensive and less suitable the possibility to fi nd a decent and regular work abroad, if they for outsourcing, such as agriculture, construction, tourism, decide to migrate. commercial fi shing and domestic work. At the same time, po- litical instability, combined with on-going complex emergen- Th e seriousness of the main challenges in our Mediterranean cies in the Middle East as well as Sub-Saharan Africa and the labour market require us to enhance co-operation in the region. Horn of Africa, makes the Mediterranean region an area par- ticularly aff ected by fl ows of migrants, including those entitled –––––––––––––––––––––––––––––––––– to international protection. 111 Mixed migration fl ows are defi ned as: “A movement in which a number of persons are travelling together, generally in an irregular manner, using the same routes and means of transport, but for different reasons. Persons travelling as part of mixed movements have varying needs and profi les and –––––––––––––––––––––––––––––––––– may include asylum-seekers, refugees, traffi cked persons, unaccompanied/ 108 For a legal defi nition of human traffi cking, see: United Nations (UN), United separated children, and migrants in an irregular situation.” Also referred Nations Protocol to Prevent, Suppress and Punish Traffi cking in Persons, to as mixed movements or mixed migration. Source: UNHCR, Refugee Especially Women and Children, Supplementing the United Nations Con- Protection and Mixed Migration: the 10-Point Plan in Action (Geneva, 2011), vention against Transnational Organized Crime (15 November 2000), art. 3. p. 291. 109 International Labour Organization (ILO), Global Estimate of Forced Labour. 112 Dottridge, M., Methods to prevent traffi cking for labour exploitation: what to Results and methodology (Geneva, 2012). do and how, in OSCE Offi ce of the Special Representative and Co-ordinator 110 Albano, T., Volpicelli, S. “Missing development: the consequences of the for Combating Traffi cking in Human Beings, An Agenda for Prevention: failure of the migratory project on individuals and societies”, in Migration and Traffi cking for Labour Exploitation (Vienna, 2011),
44 Chapter 4
To this end, the Vilnius Declaration provided a platform for a businesses to take action in this direction. Legislation recently new impetus to strengthen the dialogue with the Mediterra- adopted in California off ers an example of the combination be- nean Partner Countries. tween a voluntary and a regulatory approach, as the new law requires big textile companies to publicise their eff orts to elimi- During the recent Expert consultation four areas of interest nate slavery and human traffi cking from their supply chain. were identifi ed, in which ideas for future work including pos- sible projects could be further explored: the role of the business Furthermore, governments, public institutions and agencies, sector, recruitment and job placement for migrant workers, ac- as well as international organizations should adopt targeted cess to justice including compensation, and the enhancement policies aimed at discouraging and eliminating traffi cking for of the role of civil society. labour exploitation.115 In this respect, an area where the role of governments is critical is public procurement. Regulatory The role of the business sector mechanisms could be developed, including clauses of exclusion In the fi eld of prevention of traffi cking for labour exploitation, for fi rms and companies found guilty of labour exploitation. the role of the private sector could be pivotal. Indeed, a greater To increase eff ectiveness, such measures – both voluntary and eff ort should be made to engage with businesses to promote State-based – should be also complemented by accessible and voluntary initiatives aimed at preventing forced labour and eff ective complaint mechanisms for exploited and traffi cked traffi cking. For instance, the adoption of codes of conduct to migrant workers. ensure appropriate treatment and remuneration of the labour force can be promoted within corporate social responsibility To conclude, this is an area in which public-private partner- programmes, in order for the business community to comply ship initiatives could be developed across the Mediterranean with international human rights and labour standards113 and region, with a view to enhancing cooperation and better pre- “exercise due diligence […] in their supply chains in order to venting traffi cking and exploitation. detect and prevent cases of traffi cking114, according to the UN Guiding Principles on Business and Human Rights. Recruitment and job placement of migrant workforce Recruitment and placement of the labour force represents I am convinced that we need fi rst of all voluntary commitments another critical area where prevention of exploitation can be from the business community and individual businesses. In enhanced. Th ere is evidence that informal and even formal fact, a voluntary approach stimulates innovation, and encour- agencies working in the fi eld of recruitment and job placement ages businesses to take actions that can be particularly eff ective are often involved in human traffi cking. Such agencies often in their own sectors or areas of activity. In particular, innova- encourage migrants to borrow money to cover recruitment tive approaches are needed especially on the issue of exploi- fees and expenses related to the organization of their trip or for tation - sometimes extreme exploitation - taking place in the their job placement. Th is is often the beginning of abusive and supply chain. Th is is actually the real challenge: monitoring and fraudulent practices that either lead directly to traffi cking or cleaning the supply chain. Codes of conduct should also apply exponentially increase the vulnerability of workers to exploita- to the subcontracting phase, and their implementation should tion. Th rough a combination of wage deductions, payments in be accurately monitored. If not, codes of conduct or other so- kind and debt manipulations, workers end up in a situation of cial corporate responsibility tools could only foster „window debt bondage in which they have no other option but to submit dressing“ operations, which cannot be condoned. to their exploiter.116
At the same time, we need the public sector to take a proactive role, for example through action plans and/or guidelines, or –––––––––––––––––––––––––––––––––– targeted agreements with business organizations, with a view 115 California Transparency in Supply Chains Act (2012) where the national to highlighting the expectations of governments and public in- government “requires that every retail seller and manufacturer in California stitutions and agencies with respect to the eradication of slav- doing more than $100 million in business worldwide publicizes its efforts to eliminate slavery and human traffi cking from its direct supply chain”. See ery, forced labour and traffi cking. Voluntary initiatives could be California Senate Bill No. 657,
45 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
Th e experience of some participating States clearly demon- Access to justice, including compensation for strates that, especially in sectors particularly prone to exploita- lost wages and other damages, for traffi cked and tion, regulating, licensing, monitoring and establishing control exploited migrant workers, including after their mechanisms of recruitment activity is crucial to protect mi- return to the country of origin. grant workers against fraudulent 6 and abusive practices that Clear formulation and attentive enforcement of provisions re- can lead to traffi cking117. Th e situation in the Mediterranean lated to the accountability of employers, including complaint region varies greatly, as some countries have well-established mechanisms and remedial actions for workers, would off er a regulatory practices, while others have little experience in this valid support against impunity of intermediaries and fi nal us- area. It is really impossible to summarize the rich discussion ers of exploited and traffi cked labourers. First of all, specialized that took place place during the Expert consultation. legal counselling and representation should be made available at no or very little cost, by the State. Th is would make access In this context, specifi c attention has been pointed to the fi eld to justice a reality for all workers, particularly those who are of domestic work. Since it is carried out in private house- undocumented. And secondly, the more “traditional” crimi- holds, domestic work remains virtually invisible as a form of nal and civil justice responses should be complemented by the employment in many countries and is generally undervalued establishment or the adaptation of supplementary judicial and poorly regulated. As a result, domestic and family care mechanisms and out-of court negotiations specifi cally dealing work can often be precarious, unprotected, not paid or paid with labour-related infringements. miserably. In this respect, domestic work represents an area of growing concern with respect to traffi cking for the purpose In this respect, I wish to add that the fulfi lment of rights should of domestic servitude, both internally and transnationally.118 not depend on the place where a person resides: access to jus- tice and compensation, including the back-payment of wages, In this fi eld, a clear connection exists between prevention of should be made available both in the country where the exploi- exploitation and gender issues. In fact domestic servitude is tation has taken place as well as in the country to which the shaped by patriarchal cultural patterns, fostering the idea of worker returns. Th is would necessitate enhanced co-operation domestic work as something that is not even a real work, as it between sending and receiving countries, and it is something is usually performed by women as part of their family responsi- worthy of further exploration. bilities. Furthermore, the disadvantaged situation of women in many societies, or the lack of equal opportunities for women, Enhancing the role of civil society reinforces the perception of domestic workers as low status Together with governments, civil society associations have people who can be treated as inferior, and condones a sort of a critical role to play in preventing traffi cking for labour ex- normalisation of their exploitation. Th erefore prevention of ploitation. Particularly trade unions and diaspora associations domestic servitude therefore is part of the fi ght against gen- can complement, supplement and monitor actions put in place der violence, and for women‘s rights. Th is is the reason why we by governments and employers’ associations as well as business strongly call for ratifi cation of the recent ILO Convention on communities on the basis of voluntary regulations. It is there- domestic work, which will represent a powerful tool to protect fore essential to foster and support their role in promoting and the rights and social dignity of all domestic workers. protecting the economic, social and cultural rights of migrant workers. And in this respect, diaspora associations are particu- larly well placed as “natural” contact points for migrants in the hosting societies as they are in the position to play a privileged role vis-à-vis recently arrived co-nationals, as well as with the governments of the destination countries and institutions in the countries of origin.
–––––––––––––––––––––––––––––––––– 117 International Labour Organization, Private Employment Agencies Conven- tion, C181 (1997), available at
46 Chapter 4
Concluding remarks Th e intertwined nature of human traffi cking with the dynamics of our globalized economies should help explain why this viola- tion is so massive, and why it aff ects the Mediterranean region more and more every year.
It should also help explain why human traffi cking still receives little attention compared to other criminal activities such as drug traffi cking, arms traffi cking or terrorism.
Shared responsibilities between sending and receiving coun- tries should be sought in order to protect migrant workers’ rights, as both sides receive benefi ts from migrant work.
Th e OSCE is ready to facilitate and promote enhanced co- operation between governments, and co-operation between government and civil society in the Mediterranean region, according to an approach that values and promotes shared re- sponsibilities, to address the multiple challenges of a strategy aimed at eradicating modern slavery. Indeed, I believe that the thousands who lost their lives in their journey towards hope as well as those who are actually exploited in the labour market, men, women and children, deserve our engagement in pro- moting enhanced co-operation.
I am confi dent that enhanced co-operation will contribute to ensure economic stability, social cohesion, democracy, the rule of law and, ultimately, security. We are ready to take action in a spirit of service vis-à-vis participating States and Mediter- ranean Partners for Co-operation and complement the work of other international organizations and the EU.
Th ank you.
47 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
48 Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings
Illustration: Vita (2004), Tempera on brick 10x10 cm, by Adriano Parracciani ANNEXES
49 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
Annex 1
Background documents from the Th e Seminar on “Co-operation to Prevent Traffi cking in Hu- Seminar on Co-operation to Prevent man Beings in the Mediterranean Region” is among the fi rst initiatives that focus on the phenomenon of human traffi cking Traffi cking in Human Beings in the from the Southern rim of the Mediterranean to Europe and Mediterranean Region, Rome, beyond. While hitherto most initiatives dealt with the pheno- 8 February 2013 mena of irregular migration and smuggling in the Mediterra- nean region, the added value of the seminar lies in its focus on the prevention of the exploitation of migrants. Seminar on Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region In line with OSCE commitments and a human rights approach Rome, Italian Chamber of Deputies, Palazzo Montecitorio, to anti-traffi cking,100 the seminar aims to enhance further Part- Sala del Mappamondo, 8 February 2013 nership for Co-operation, by discussing and promoting co- operation mechanisms between OSCE participating States and Concept Note Mediterranean Partners in the prevention of all forms of traf- Background fi cking, especially for labour exploitation, and in the protection Th e OSCE‘s work, experience and commitment in the fi ght of victims and potential victims. Furthermore, the event will against traffi cking in human beings promote international co-operation and exchange of experien- ces to better tackle criminal traffi cking networks. Th e OSCE has been engaged in the fi ght against traffi cking in human beings for more than a decade. Its dedication was re- Traffi cking in human beings: modern-day slavery, affi rmed by Ministerial Council Decisions adopted by the 57 a growing global phenomenon participating States since 2000, and enhanced by the political Traffi cking in human beings is a growing global phenomenon and operational work of the OSCE Special Representative and which has now reached a massive dimension. According to Co-ordinator for Combating Traffi cking in Human Beings, the 2012 International Labour Organization (ILO) estimates, 20.9 ODIHR and the OSCE fi eld missions. million people are victims of forced labour/human traffi cking globally, out of which over 3 million within the OSCE region: Th e OSCE considers traffi cking in human beings fi rst and fo- 68 per cent of the victims are exploited in the private economy remost as a serious violation of human rights and at the same and 22 per cent are victims of forced sexual exploitation. Wo- time, a transnational threat to the security of States. For this men constitute 55 per cent of all victims. reason, already in 2003, the OSCE adopted an Action Plan which recommends that participating States adopt an integ- Traffi cking is a serious and unacceptable violation of funda- rated approach to prevention, protection of victims’ rights mental human rights, and a threat to the security and stability and prosecution. It is a multidisciplinary approach based on of our democracies and societies. Nowadays, traffi cking in hu- co-operation between institutions and civil society. Th e strong man beings is one of the most prolifi c and dangerous forms of commitment of OSCE participating States to fi ght modern-day transnational organized crime; it is an extremely lucrative and slavery was solemnly renewed in Vilnius in 2011 with the ad- almost risk-free criminal business, given the high rate of im- option of the Ministerial Declaration on combating all forms of punity enjoyed by perpetrators. Traffi ckers exploit women and human traffi cking. children but also men for every possible purpose, ranging from sexual and labour exploitation to forced begging and forced Human traffi cking as a focus for criminality, as well as organ removal. the Mediterranean Partnership Traffi cking in human beings has been identifi ed as one of the areas for possible OSCE engagement in the process of consul- tations with the Delegations of the Mediterranean Partners for Co-operation initiated by the Secretary General in implemen- tation of the MC.DEC/5/11. –––––––––––––––––––––––––––––––––– 119 OSCE Ministerial Council, Decision No. 5/11 Partners for Co-Operation, MC.DEC/5/11 (Vilnius, 7 December 2011); OSCE Ministerial Council, Decla- ration on combating all forms of human traffi cking, MC.DOC/1/11/Corr.1 (7 December 2011).
50 Annexes
Mixed migration fl ows are a reality in many areas of the world Issues relating to mixed migration in the Mediterranean Regi- including the Mediterranean region. People migrate for diff e- on, especially when criminal groups are involved, have usually rent reasons including confl icts, persecution, discrimination been taken into consideration in the framework of smuggling and poverty. In recent years there are indications that an in- of migrants. However, recent research and investigations de- creasing number of migrants are being exploited in slavery-like monstrate that a strong linkage exists between migration pro- conditions. Such migrants are exploited particularly in econo- cesses and subsequent exploitation taking place in European mic sectors that are labour intensive such as agriculture, cons- countries. Th is link often makes it diffi cult to distinguish bet- truction, textiles, food processing, tourism and domestic work. ween smuggling and traffi cking, and requires a better under- Migrants are forced to live and work in inhuman conditions in standing of the connections between the two criminal pheno- return for no, or almost no, remuneration. Th ey are subjected mena. to various forms of physical and psychological violence, which may even amount to torture or cruel, inhuman and degrading Th e journey of migrants trying to reach Europe, facilitated by treatment. Th eir documents are confi scated, threats are made unscrupulous smugglers, is always risky. Many women, men to report them to the authorities for deportation, and they are and children lose their lives during their tragic journey across increasingly subjugated via debt bondage, with the fi nancial the sea. Th ose who reach their destination frequently face ab- obligation growing in an arbitrary and exponential way that is use and exploitation, discrimination and xenophobia. Once in impossible to wipe out. Europe, all migrants, including those entitled to international protection, fi nd themselves in a situation of serious social and Th is phenomenon is largely managed by organized crime net- economic vulnerability, and often end up being contacted by works that operate horizontally with small groups of highly fl e- criminal organizations that place them in certain work places xible local criminals, segmented and functionally specialized where they are obliged to work in extreme exploitative con- in various criminal activities such as the production of false ditions. Th e phenomenon of labour exploitation of migrants documents, logistics, or transport. Th ese complex criminal in slavery-like conditions aff ects mainly males but increasingly articulations are particularly diffi cult to dismantle. Very often also women and children. the links between the criminal cells that facilitate irregular mi- gration and those that manage the recruitment and placement Recent investigations carried out in Southern European coun- of migrant workers are not at all obvious or very diffi cult to tries showed that migrant workers were obliged to work long detect. Th ese trends highlight the complexity of a global social hours in agriculture, for a very modest salary, without docu- phenomenon in which migrants are considered human mer- ments and constantly under threat of retaliation; sometimes chandise, easy to exploit and use to make big profi ts. intermediaries controlling the workers did not hesitate to th- reaten them with weapons. Moreover, workers were obliged to Traffi cking in human beings in live far from the nearest population centres, in isolated loca- the Mediterranean region tions under inhuman conditions, and to pay excessive fees for All OSCE participating States are aff ected by human traffi cking, water, food and accommodation. In such cases migrants falling either as countries of origin, transit or destination, or a combi- prey to criminal intermediaries and unscrupulous or criminal nation of all three. Th e phenomenon also aff ects the countries employers should be considered victims of traffi cking and re- of the OSCE Mediterranean Partners for Co-operation that are ceive protection, both in the receiving state and in the source aff ected by regional and international migration fl ows, which country in case of return. are rapidly changing both in size and type. Th e Mediterranean Partners are in fact both countries of origin of traffi cking in Th e seminar will examine how these fi ndings contribute to a persons and also countries of transit and destination, particu- greater understanding of such a complex situation, in which larly for migrants from Western and Sub-Saharan Africa. laws and regulations concerning human traffi cking should be fully implemented to prevent and combat exploitation of mig- Following developments known as the “Arab Spring” there was rants in slavery-like conditions. a rapid growth of irregular migration from the Southern Me- diterranean to the North shore, and from there to many other European countries. Although in 2012 such migration fl ows showed a substantial decrease, and although it is diffi cult to evaluate the long term eff ects of the Arab Spring, we can ex- pect that migration from and through North Africa to Europe will remain signifi cant.
51 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
Objectives of the seminar Donors and Participants Th e principal objective of the seminar is to initiate a dialogue Th e seminar, convened by the OSCE Offi ce of the Special on traffi cking in human beings in the Mediterranean Region. Representative and Co-ordinator for Combating Traffi cking Th e added value of the seminar lies in its innovative approach. in Human Beings, has been funded through a generous con- While issues relating to mixed migration in the region have tribution from the Italian Ministry of Foreign Aff airs and the been dealt with in the framework of irregular migration or Government of the Grand-Duchy of Luxembourg. Participants smuggling, the seminar will shed light on exploitation of mig- include UN agencies and international organizations with spe- rants, examine the intersecting issues, and highlight the need cialized expertise on the subject such as UNHCR, IOM, UN- for full and correct implementation of laws and regulations on ODC, the Council of Europe and the European Union Agency traffi cking in human beings. Th e focus will be traffi cking for for Fundamental Rights. labour exploitation including domestic servitude. OSCE participating States and Partners for Co-operation will In conformity with the OSCE human rights approach to the be represented by: prevention and fi ght against traffi cking in human beings, the • Senior level offi cials from governments, especially from seminar will emphasize States’ obligations regarding preventi- ministries of interior, justice and social aff airs; on including the promotion of workers’ rights, the protection • National co-ordinators on traffi cking in human beings, as of victims and potential victims, and explore how protection well as national rapporteurs or equivalent mechanisms; granted to victims of human traffi cking, international protec- • Senior law enforcement offi cials, prosecutors and judges; tion and protection against discrimination and xenophobia • Representatives of civil society including NGOs and can enhance each other. Th e seminar will also explore ways to independent experts. strengthen international co-operation at a bilateral and multi- lateral level, especially with regard to human rights protection. Th is will include strengthening prevention, investigation and prosecution as well as identifi cation and support to traffi cked and exploited persons. Partnerships, including partnerships with NGOs, will also be in focus.
Th e seminar will include two panels. Th e fi rst panel will ana- lyse features, trends and issues relating to traffi cking in human beings in the Mediterranean region. Th e second panel will dis- cuss good practices to enhance prevention and human rights protection.
52 Annexes
AGENDA Seminar on Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region 8 February 2013, Rome, Palazzo Montecitorio, Sala del Mappamondo
8.15 – 9.00 Registration
9.00 – 9.45 Welcoming remarks Giulio Terzi di Sant’Agata, Minister of Foreign Affairs, Italy Ihor Prokopchuk, Ambassador, Chairperson of the OSCE Permanent Council, Permanent Representative of Ukraine to the OSCE, 2013 Ukrainian OSCE Chairmanship Lamberto Zannier, Secretary General, OSCE Riccardo Migliori, President of the OSCE Parliamentary Assembly Teresa Morais, Secretary of State for Parliamentary Affairs and Equality, Portugal Maria Grazia Giammarinaro, OSCE Special Representative and Co-ordinator for Combating Traffi cking in Human Beings
9.45 – 10.30 Coffee Break / Press Conference
10.30 – 11.15 Opening remarks Thomas Greminger, Ambassador, Permanent Representative of Switzerland to the OSCE, United Nations and International Organizations in Vienna Janez Lenarč ič, Director, Offi ce for Democratic Institutions and Human Rights, ODIHR Laura Thompson, Deputy Director General, International Organization for Migration (IOM) Kaci Amrane, Deputy Director for Foreigners and Consular Conventions, Ministry of Interior, Algeria Khalil Amiri, Senior Advisor at the Cabinet of the Secretary of State on Immigration and Tunisians abroad, Tunisia Zoi Sakelliadou, Assistant Policy Offi cer, Offi ce of the EU Anti-Traffi cking Coordinator
11.15 – 12.15 Panel 1: Exploring traffi cking in human beings in the Mediterranean region Moderator: Masood Karimipour, UNODC Regional Representative for the Middle East and North Africa region I. Paola Monzini, Independent expert and researcher II. Cataldo Motta, Chief Prosecutor of Lecce, Italy III. Francesco Carchedi, Sociologist, Researcher at PARSEC Consortium IV. Adriano Silvestri, Head of Sector Asylum, Migration and Borders Freedoms and Justice Department, European Union Agency for Fundamental Rights (FRA) V. Francesca Pizzutelli, Researcher and Advisor, Refugees and Migrants‘ Rights Team, Amnesty International
12.15 – 13.00 Discussion
13:00 – 14.30 Lunch Break in the Palazzo Montecitorio
13.30 – 14.15 Side event (Italian only) Immagini e parole di vita migrante
14.30 – 16.00 Panel 2: Challenges and good practices to enhance prevention and human rights protection Moderator: Elisabeth Tichy-Fisslberger, Ambassador, Austrian National Co-ordinator on Combating Traffi cking in Human Beings, Austrian Federal Ministry for European and International Affairs I. Laurens Jolles, Regional Representative for Southern Europe, UNHCR II. Sana Bouzaouache, Under-Director Ministry of Human Rights and Transitional Justice, Tunisia III. Jivka Petkova, Adviser to the Director on Human Rights and Democracy, European External Action Service, European Union IV. Manon Derriennic, Deputy Advisor on the fi ght against human traffi cking in South Eastern Europe, Permanent Representation of France to the OSCE V. Michele Levoy, Director, Platform for International Cooperation on Undocumented Migrants (PICUM)
16.00 – 17.00 Discussion
17.00 – 17.30 Concluding Remarks by Maria Grazia Giammarinaro, OSCE Special Representative and Co-ordinator for Combating Traffi cking in Human Beings
The event will be offi cially closed by Giulio Tonini, Ambassador, Head of Permanent Mission of Italy to the OSCE, and Maria Grazia Giammarinaro, OSCE Special Representative and Co-ordinator for Combating Traffi cking in Human Beings.
53 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
Annex 2: References
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54 Annexes
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55 Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region
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The petites bonnes the European Parliament and of the Council have the fl oor”, in Childhood, Vol. 11, No. 3 Gauci J.P., And Then What? Protecting of 25 October 2012 establishing minimum (August 2004). Traffi cked Persons Beyond Collaboration: standards on the rights, support and protec- The Asylum Claims of Traffi cked Persons, tion of victims of crime, and replacing Council Amnesty International, Exploited Labour. presentation given at the AHRI/COST PHD Framework Decision 2001/220/JHA, in Migrant Workers in Italy’s Agricultural Sector Training School, (Vienna, September 2012). Offi cial Journal L 315/57 (Brussels, (London, 2012). 14 November 2012). Global Migration Group on the Human Rights Anti-Slavery International, Out of the Shadow. of Migrants in Irregular Situations (GMG), European Union, Annex. Thematic Programme Child Marriage and Slavery (London, 2013). Statement (30 September 2010). „Cooperation with Third Countries in the areas of Migration and Asylum“ 2011-2013 Associazione per gli Studi Giuridici Human Rights Watch (HRW), Lonely Multi-Annual Strategy Paper (Brussels, 2011). sull’Immigrazione (ASGI), Osservazioni Servitude. Child Domestic Labor in Morocco allo schema di decreto legislativo recante (Washington, 2012). European Commission, Joint Communication attuazione della Direttiva 2009/52/CE che to the European Parliament, the Council, the introduce norme minime relative a sanzioni Human Rights Watch (HRW), Egypt: End European Economic and Social Committees e a provvedimenti nei confronti di datori di Sinai Nightmare for Migrants. Target Traf- and the Committee of the Regions. European lavoro che impiegano cittadini di paesi terzi il fi ckers Who Detain, Torture, Sexually Assault Neighbourhood Policy: Working towards cui soggiorno è irregolare (14 May 2012). Hundreds (Washington, 5 September 2012). a Stronger Partnership, JOIN(2013) 4 fi nal (Brussels, 20 March 2013). Caposud, MOROCCO: “Little Maids” Human Rights Watch (HRW), Lonely Ser- Subjected to the Great Abuses vitude. Child Domestic Labor in Morocco European Commission, EUROSTAT, Traffi ck- (24 September 2011). (Washington, 2012). ing in Human Beings, Working Papers and Methodologies (Luxembourg, 2013). Coalition for Organ-Failure Solutions (COFS), International Transport Workers’ Federation Sudanese Victims of Organ Traffi cking in (ITF), Migrant Workers in the Scottish and FRONTEX, Annual Risk Analysis 2013 Egypt: A Preliminary Evidence-Based Victim Irish Fishing Industry: Forced or Compulsory (Warsaw, April 2013). Centered Approach (Cairo-Washington, Labour or Plain Modern Day Slavery (2008). 2011). Fundamental Rights Agency (FRA), Kartusch A., Domestic Workers in Diplomats’ Fundamental Rights at Europe’s Southern Comp.act, Guidance on representing traf- Households. Rights Violations and Access Sea Borders, (Vienna, 2013). fi cked persons in compensation claims to Justice in the Context of Diplomatic Im- (Amsterdam, 2012). munity (German Institute for Human Rights, Fundamental Rights Agency (FRA), Migrants Tübingen, 2011). in an irregular Situation Employed in Domestic De Haas H., The myth of invasion. Irregular work: Fundamental Rights Challenges for migration from West Africa to the Maghreb Medecines Sans Frontieres (MSF), Violence, the European Union and its Member States and the European Union (International Migra- Vulnerability and Migration. Trapped at the (Vienna, 2011). tion Institute – University of Oxford, 2007). Gates of Europe. A Report on the Situation of Sub-Saharan Migrants in an Irregular Situa- Council of Europe Doctors Without Borders, Violence, Vulner- tion in Morocco (March 2013). ability and Migration: Trapped at the Gates of Council of Europe, European Convention on Europe (March 2013). Medecines Sans Frontieres (MSF), Sexual the Compensation of Violent Crime, ETS 116 Violence and Migration. The Hidden Reality (Strasbourg, 1983). ENAR, EWL, PICUM, SOLIDAR, Joint of Sub-Saharan Women Trapped in Morocco Statement. Employers’ Sanctions Directive: En Route to Europe (March 2010). Council of Europe, Convention on Action Migrant Workers, Not Employers, Will Pay against Traffi cking in Human Beings, CET 197 the Price of Their Exploitation (Brussels, Miller J., “The Abuse of Child Domestic (Warsaw, 2005). 4 February 2009). Workers: Petites Bonnes in Morocco”, in Topical Review Digest: Human Rights in Council of Europe, Commissioner for Human Fargues P., C. Fandrich, Migration after the the Middle East & North Africa (2012). Rights, Criminalisation of Migration in Europe: Arab Spring (EUI - Migration Policy Centre, Human Rights Implications, CommDH/Issue 2012). Monzini P. “Smuggling of migrants into, Paper (February 2010). through and from North Africa. 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56 Annexes
Shelley L., Human Traffi cking. A Global Perspective (Cambridge University Press, New York, 2010).
Sommerfelt T. (Ed.), Domestic Child Labour in Morocco. An Analysis of the Parties Involved in Relationships to “Petites Bonnes” (FAFO, Oslo, 2001).
Surtees R., Traffi cked at sea. The exploitation of Ukrainian seafarers and fi shers (IOM and Nexus Institute Geneva, 2012).
Triandafyllidou A., Controlling Migration in Southern Europe (Part 1): Fencing Strategies, ARI 7/2010 (19 January 2010).
United States Department of State, Traffi cking in Persons Report 2012 (Washington, 2013). http://ec.europa.eu/world/enp/partners/index _en.htm www.humantraffi ckingandbusinesscourse.com www.osce.org
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ity an Organization for SecuritySecur and Co-operation in Europe Other Publications: 2013: Enhancing Co-operation to Prevent Traffi cking in Human Beings in the Mediterranean Region 2013: Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of traffi cking 2010: Analysing the Business Model of Traffi cking in Human Beings to Better Prevent the Crime, OSR / UN.GIFT (EN/RU) 2009: Guide on Gender-Sensitive Labour Migration Policies, Gender Section / OCEEA / OSR 2008: Compensation for Traffi cked and Exploited Persons in the OSCE Region, ODIHR
All publications are available online at http://www.osce.org/cthb The Organization for Security and Co-operation in Europe works for stability, prosperity and democracy in 57 States through political dialogue about shared values and through practical work that makes a lasting difference.
Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings Wallnerstr. 6, 1010 Vienna, Austria Tel: + 43 1 51436 6664 Fax: + 43 1 51436 6299 email: [email protected] www.osce.org/cthb