International Labour Office TRAFFICKING FOR LABOUR AND SEXUAL EXPLOITATION IN GERMANY Norbert Cyrus TRAFFICKING FOR LABOUR AND SEXUAL EXPLOITATION IN GERMANY Norbert Cyrus International Labour Office Geneva November 2005 Copyright (c) International Labour Organization 2005 First published 2005 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to the Publications Bureau (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland. The International Labour Office welcomes such applications. 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The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many coun- tries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: [email protected] Visit our website: www.ilo.org/publns iv FOREWORD Increasing attention is being paid worldwide to trafficking in human beings and the effect this is having in the area of forced labour. In his 2001 Global Report on Stopping Forced Labour, the ILO Director General observed that trafficking in persons was a truly global problem; he called for more research into the labour market conditions that create opportunities for such abuse, and a consideration of ways to eliminate these. In November 2001, the ILO Governing Body established the Special Action Programme to Combat Forced Labour (SAP-FL), as one of several measures taken to promote the 1998 Declaration on Fundamental Principles and Rights at Work and its follow-up. The Declaration reaffirms the obligation of all ILO member States to respect, promote and realize the principles con- cerning fundamental rights dealt with in core labour Conventions, including the two Conventions on the elimination of all forms of forced and compulso- ry labour. The Declaration and SAP-FL have allowed for a positive and pro- motional approach to the realization of these standards by offering research, technical assistance and advisory services to ILO member States and key part- ners. In its research since that time, SAP-FL has given much attention to what we call the forced labour outcomes of trafficking and irregular migration. We have launched research projects in origin and destination countries of traf- ficked victims, examining the causes of such trafficking, the main geographi- cal areas of origin, the recruitment mechanisms, and the trafficking routes. But we have been equally concerned to analyse the demand factors in some key destination countries. In which economic sectors are coercive conditions of recruitment and employment to be found? What are the main forms of coer- cion? Who tend to be the main victims of trafficking, for either labour or sex- ual exploitation? What is being done about this, in either law or practice? What i Trafficking for Labour and sexual exploitation in Germany lessons of good practice can be learned from the experiences of individual countries? And what more can be done by the ILO’s principal social partners to eradicate the scourge of modern forced labour and human trafficking? These studies have been carried out, or are in the process of being carried out, in a number of developed as well as transition countries including France, Germany, Hungary, Japan, Turkey, the Russian Federation, Albania, Moldova, Romania, Ukraine and Tajikistan. In Germany, a research project was initiated following a meeting of trade unions that took place in Geneva in February 2003. The research involved extensive interviews with government represen- tatives, social partners, NGOs and victims. Throughout this period, there have been close consultations between ILO and relevant ministries, in particular the Federal Ministry for Family, Pensioners Women, and Youth (BMFSFJ), which is the main ministry concerned with this issue in Germany. Through the BMFSFJ, the ILO has also been requested to provide guidance on the concept of forced labour to assist Germany and other ILO member States in the imple- mentation of the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Human Beings, especially Women and Children, supplementing the UN Convention against Transnational Organised Crime. This can only be done on the basis of firm empirical evidence on the new forms of forced labour emerg- ing as part of the “underside of globalisation” (ILO Report Stopping Forced Labour, 2001). By increasing knowledge and awareness of the forced labour outcomes of trafficking and migration, the research programme is designed to prepare the ground for integrated programmes against forced labour and trafficking in ori- gin and destination countries alike, with activities addressing all phases of the trafficking cycle. These integrated programmes seek to involve labour institu- tions (including labour ministries, labour inspection services, employment and job placement agencies and labour justice organisations) in the measures of prevention, victim identification, awareness-raising and law enforcement that are required for successful action against traffickers and improved protection of victims. Over the last year, the German Government has generously sup- ported ILO pilot-initiatives in Romania on the monitoring of private recruit- ment agencies through GTZ (Gesellschaft für Technische Zusammenarbeit). GTZ is also a partner in a multi-country project of the ILO against human traf- ficking that recently received funding under the AGIS programme of the European Commission. The results of the draft report were first discussed at a national workshop in November 2004, with members from the Federal Working Group on Trafficking in Women and other stakeholders. This event was followed by a ii Forward substantive review process that involved several ministries and independent experts. The study was undertaken over a limited time period and with limit- ed resources, as part of a wider research project funded by the Government of the Netherlands on the demand aspects of human trafficking. We publish this first assessment study in the hopes that it will stimulate more in-depth investi- gations in Germany and other European countries where irregular migrants are at risk of forced labour exploitation. We also hope that it can prepare the ground for remedial action, involving labour institutions and employers’ and workers’ organizations in the action required to prevent and eradicate forced labour. Roger Plant Head, Special Action Programme to Combat Forced Labour (SAP-FL) International Labour Office, Geneva iii ACKNOWLEDGEMENTS The forced labour of foreign migrant workers in Germany is a sensitive and under-researched topic. Research in such an area requires a high degree of col- laboration and support. I would not have been able to prepare this report for the International Labour Office without the assistance of many people work- ing to combat the trafficking in human beings. It was marvellous to meet rep- resentatives from organisations as diverse as crime control, public administra- tion, trade unions and NGOs, who all agree on the necessity of tackling this atrocious problem more vigorously. My particular gratitude goes to F. Schmidt-Hullmann (IG BAU) who was one of the first to raise the problem of forced labour in Germany at a national and international level, insisting on a systematic examination and providing the initial evidence which lead to further research. I also profited from conver- sations with S. Graf and in particular with B. Gabriel (both IG BAU). I learnt a great deal through intensive discussions with M. Dieterich (IG NGG), who took an active part in the investigation and ruling in a serious case of traffick- ing in labour exploitation. Among the representatives of crime control agen- cies, I would like to mention H. Rudat (LKA Berlin) and H. Rall (BKA Wiesbaden). Their insights on how forced labour conditions are imposed were complemented