Forced labour & modern slavery

Slavery and forced labour are prohibited under a range of international treaties and conventions. Since 1981, slavery has been prohibited by all individual States. However, slavery and forced labour remain prevalent; the 2021 Global Estimates of Modern Slavery highlighted that on any given day, 49.6 million people are in modern slavery, including 27.6 million people in forced labour and 22 million people in forced marriage. It was highlighted in 2021 estimates that more than 3.3 million of all those in forced labour are children. Women and girls are disproportionately affected by forced labour, as it was reported that they comprise 54% of those in modern slavery, and nearly four out of every five people trapped in commercial sexual exploitation are girls or women.

Illicit profit from forced labour was estimated by the ILO in 2024 to be US$ 236 billion a year. The International Labour Organization (ILO) reports in the 2021 Global Estimates of Modern Slavery that forced labour is prevalent in all parts of the private economy, where services, manufacturing, construction, agriculture and domestic work are among the high-risk industries. Although some may consider it an issue for ‘developing’ States, it is a universal issue, with examples coming to light in States with modern legislation designed to tackle the problem. The UK Government has undertaken research in 2018, which estimates that modern slavery:

“costs the UK up to £4.3 billion a year. Each instance of the crime is estimated to cost around £330,000, including the cost of support, lost earnings and law enforcement but most significantly the physical and emotional harms suffered by individuals, who are often exploited over months and sometimes years. This places each modern slavery crime as second only to homicide in terms of harm to its victims and society.”

Article 1(1) of the 1926 Slavery Convention defines slavery as “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.” The 1956 Supplementary Convention on the Abolition of Slavery elaborates on this definition of slavery to include forms of slavery, including debt bondage, serfdom, where women are enslaved through marriage in various forms, or children delivered for reward or exploitation. The Guidance issued under Section 54(9) of the UK’s 2015 Modern Slavery Act follows the definition under the 1926 Slavery Convention.

Forced labour is the most common form of modern slavery. It is not the same as poor working conditions or low pay; Article 2(1) of the ILO Forced Labour Convention, 1930 (No. 29) defines forced or compulsory labour as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.” Article 1(3) of the ILO Protocol of 2014 to the Forced Labour Convention, 1930 reaffirms this definition and lists measures to be taken regarding prevention, protection and remedy to eliminate all forms of forced labour. ILO also provides law enforcement officials, trade unions, non-governmental organisations and others with the “ILO Indicators of Forced Labour (2012)”, to identify persons who are possibly trapped in a forced labour situation, and guidelines to estimate forced labour of adults and children (Hard to see, harder to count: Survey guidelines (2012) and (2024)).

Transparency Requirements

A number of efforts have been adopted to eradicate forced labour and modern slavery. One of the most well-known pieces of regulation is the California Transparency in Supply Chains Act 2010, which requires all retailers and manufacturers conducting business in the state and whose annual worldwide gross is US$ 100 million, to disclose information regarding their efforts to eradicate human trafficking and slavery within their supply chains on their website or through written disclosures.

Legislative efforts also include the UK Modern Slavery Act 2015, which created offences relating to slavery, servitude, forced or compulsory labour and human trafficking. The Act also established an Independent Anti-slavery Commissioner, provided enhanced protections for victims, and established provisions to ensure transparency in supply chains. The Act further requires that businesses over a certain size (regulation has set this as businesses having a total turnover of over £36 million) must prepare a slavery and human trafficking statement for each financial year of the organisation. The UK Government launched a central registry of modern slavery statements in 2021. In July 2018, the UK Government commissioned an independent review of the Modern Slavery Act 2015. The final review report in 2019 highlighted that although the UK Modern Slavery Act contributed to greater awareness of modern slavery in companies’ supply chains, many companies do not comply with the legislation, and sanctions for non-compliance should be strengthened.

The first case under the UK Modern Slavery Act 2015 was brought in 2016 before the High Court of England and Wales, whereby the Court held that the defendant business had failed to pay the national minimum wage, made unlawful deductions from wages, failed to provide adequate facilities to wash, rest, eat and drink, and owed the victims compensation. The first individual convicted in the UK for a human trafficking offence was sentenced to 27 months in jail in 2016. On the other hand, commentators raised concerns in 2023 over the low prosecution and conviction rates under the UK Modern Slavery Act. The Guardian reported in 2022 that “while nearly 23,000 potential victims were identified in Britain from 2017 to 2019, only 64 offenders were sentenced for modern slavery and human trafficking offences under the Modern Slavery Act.”

Following a Parliamentary inquiry, the Australian Parliament passed the Commonwealth Modern Slavery Act in November 2018, which came into force on 1 January 2019. It requires entities to make annual public reports on their actions to address modern slavery risks in their operations and supply chains. The Act applies to businesses with a yearly revenue of AU$ 100 million and operating in Australia, as well as government bodies. At the state level, New South Wales passed a Modern Slavery Act in July 2018, which is more stringent than the federal bill. The NSW Act applies to companies with an annual turnover of AU$ 50 million and creates monetary penalties for companies with employees in New South Wales that fail to comply with the modern slavery statement requirements.

Similarly, Canada adopted the Fighting Against Forced Labour and Child Labour in Supply Chains Act, which entered into force on 1 January 2024. This Act imposes reporting obligations on government institutions that are producing, purchasing, or distributing goods in Canada or elsewhere, and private entities producing goods in Canada or elsewhere or importing into Canada goods produced outside Canada. These covered institutions and entities are required to publish detailed reports on their measures to prevent and mitigate the presence of forced and child labour within their supply chains.

Brazil’s Dirty List (MTE Decree No. 540/2004), enacted by the Labour Ministry in 2004, publicizes a registry of employers found to be employing workers under conditions analogous to slavery. In accordance with the National Slave Eradication Pact, those on the list are boycotted by over 400 corporate signatories. After two years, those listed can be removed, provided that they have paid any fines imposed, awarded any compensation to workers, and not committed further offences. Those on the list are banned from acquiring credit from State-owned banks and may be refused credit from some private banks.

In the European Union, the Corporate Sustainability Reporting Directive generally requires companies to report about material human rights impacts, including forced labour, and their policies and processes to manage these issues based on European Sustainability Reporting Standards.

Measures restricting trade in products made with forced labour

States are also increasingly introducing or adopting import controls to prohibit the importation of products tainted with forced labour into their markets. For instance, the US Tariff Act of 1930 Section 307 prohibits importing any product mined, produced, or manufactured wholly or partially by forced labour. The Uyghur Forced Labor Prevention Act (UFLPA) was also enacted in 2021 in the US, establishing a rebuttable presumption that goods mined, produced, or manufactured wholly or in part in Xinjiang Uyghur Region or by an entity on the UFLPA Entity List are tainted with forced labour, and therefore are prohibited from the US importation under the Section 307 of the US Tariff Act. Similarly, the EU Forced Labour Regulation 2024 bans both domestic and imported products made with forced labour from being sold in or exported from the Union market. (See: Danish Institute for Human Rights, Setting the scene for an effective forced labour ban in the EU). Similar measures were enacted in Canada in 2020 and Mexico in 2023 as part of the obligations under the US-Mexico-Canada Agreement.

These measures have substantial potential to influence overseas businesses to ensure their operations and supply chains are not tainted with forced labour. For instance, under the US Tariff Act Section 307, the US Customs and Border Protection Office (CBP) in 2021 identified disposable gloves produced at Top Glove facilities in Malaysia as products of forced labour. This action led Top Glove to allocate over US$ 30 million for worker compensation and to improve labour and living conditions. The revelation that personal protection equipment products were tainted with forced labour also prompted legislative actions in the UK.

Similar legislation has also been discussed in the parliaments of Australia and New Zealand.

Due Diligence Measures

In addition to transparency requirements and import bans, States are also adopting mandatory human rights due diligence legislation by requiring businesses in scope to conduct human rights due diligence to identify human rights risks in their operations and supply chains, including the risk of forced labour. For example, the German Act on Corporate Due Diligence Obligations in Supply Chain 2021 lists forced labour instruments in its scope and requires in-scope businesses to identify, mitigate and prevent human rights risks, including forced labour, in their operations and supply chains. Similarly, the 2024 EU Corporate Sustainability Due Diligence Directive also requires companies over a certain size to identify and address forced labour risks in their chain of operations (See the Issue page on Mandatory Human Rights Due Diligence for more information).

Some businesses may have limited visibility on what is occurring in their own complex multi-tier supply chains as suppliers may not be entirely transparent about working conditions, they may sub-contract in breach of contract terms, or they may use unauthorised third-party recruiters. To assist businesses in tackling those challenges, in 2014, the Walk Free Foundation developed Tackling Modern Slavery in Supply Chains: A Guide, which outlines step-by-step what businesses can and must do to eliminate slavery from their business. The guide provides practical guidance and tools that businesses, governments, non-governmental organisations, and civil society actors can start implementing immediately, and details measures including risk assessments and supply chain mapping. Noteworthy initiatives have also been undertaken by the Fair Labor Association, KnowTheChain, and Stronger2gether, among others. In the UK, the Local Government Association and the Independent Anti-Slavery Commissioner developed a guide on Modern Slavery for local councils in 2017 to help councils understand their role in addressing modern slavery.

Public procurement

States are also using public procurement to address instances of forced labour and other forms of modern slavery in global value chains of products and services purchased by public authorities. In the United States, for instance, Executive Order 13627 from 2012 defines requirements for suppliers of federal entities concerning human trafficking. The Order sets forth prohibitions for federal contractors, subcontractors, and their employees against involvement in trafficking-related activities. These include deceptive or fraudulent recruitment practices, imposing recruitment fees on employees, and the destruction or confiscation of employees’ identification documents. Where work performed abroad surpasses USD 500.000, it is further mandatory for federal contractors and subcontractors to uphold compliance plans that are suitable for the type and extent of the activities conducted. In addition, the Order initiates a procedure to pinpoint industries and sectors at high risk of involving human trafficking practices, aiming to enhance compliance.

In the United Kingdom, bidders must be excluded from public procurement under the Procurement Act 2023 if they have been convicted for certain slavery and human trafficking offences. The UK government has further issued guidance for public servants in 2023 on identifying and managing the risks of modern slavery when procuring products or services.

The UK Health and Care Act, adopted in 2022, mandates the Secretary of State to implement regulations aimed at eradicating the use of goods or services tainted by slavery and human trafficking within England’s health service. The Act illustrates that such regulations might include processes that public bodies must follow in procuring goods or services for the health service in England, or steps to assess and address the risk of slavery and human trafficking in the supply chains of the health service.

Further, the Australian government has developed a modern slavery procurement toolkit, aimed at supporting procurement officials in detecting, evaluating, and managing the risks of modern slavery in procurement processes. This toolkit is equipped with a risk assessment tool and additional resources, including a collection of standard modern slavery contract terms for use in Government procurement agreements.

In 2022, the United Nations took action to tackle human trafficking and forced labour in the supply chains of UN organisations. This includes a statement by the High-level Committee on Management (HLCM) and dedicated guidance for UN staff.

A 2020 report from Walk Free highlights that women and girls account for 71% of modern slavery. Gender inequality and discrimination embedded in society lead women to be more likely than men to end up in poverty, in the informal sector and ultimately in modern slavery.

Under the 2030 Agenda for Sustainable Development, company actions to address and avoid forced labour in supply chains primarily relate to Sustainable Development Goals (SDGs) target 8.7 on forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour. Businesses can take actions to contribute to SDG target 8.7, for instance, by ensuring that workers in their supply chains are paid their wages on time, that no worker passports or travel documents are being held, by eliminating recruitment fees borne by workers, and preventing debt bondage, using key international labour standards as a guide. Through these actions, the companies also contribute to the realisation of other SDGs, such as SDG 10 on reducing inequalities, as well as helping to create decent work in a broader sense (SDG 8.5) (See the Issue page on the 2030 Agenda for Sustainable Development for more information).

8) Decent Work and Economic Growth

References

Oxford Public International Law, Slavery.
J. D. Sutter, Slavery’s Last Stronghold, (CNN).
ILO, Walk Free and IOM, Global Estimates of Modern Slavery: Forced Labour and Forced Marriage, (September 2022).
ILO, Annual profits from forced labour amount to US$ 236 billion, ILO report finds, (19 March 2024).
J. Grierson, Tens of thousands of modern slavery victims in UK, NCA says, (The Guardian, 2017).
The UK Government, Government commissions independent review of the Modern Slavery Act 2015, (2018).
United Nations, Slavery Convention, 1926.
United Nations, Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, (1956).
The UK Government, Transparency in Supply Chains etc.: A practical guide.
UK Modern Slavery Act 2015.
ILO Forced Labour Convention, 1930 (No. 29).
ILO Protocol of 2014 to the Forced Labour Convention, 1930.
ILO Indicators of Forced Labour, (2012).
ILO, Hard to see, harder to count: Survey guidelines to estimate forced labour of adults and children, (2012).
The UK Government, Modern slavery statement registry.
G. Jones, First UK company to be liable for modern slavery, (Lexology, 2016).
M. Quayle, Modern Slavery – Closer Than You Think?, (Lexology, 2016).
A. Heys, Prosecutions under the Modern Slavery Act, (1 June 2023).
G. Brown, Business is booming for human traffickers because they know they’ll get away with it, (The Guardian, 2023).
Australia Modern Slavery Act, 2018.
BHRRC, Australia: Modern Slavery bill passed by New South Wales state Parliament, (2018).
S. Alden and others, Modern slavery laws – Impacts for the NSW Government, (Mondaq, 2018).

Human Trafficking Search, Blacklisted: An Overview of Brazil’s “Dirty List”, (2015).
Repórter Brasil, Brazil’s ‘dirty list’ names and shames companies involved in slave labour, (2013).
US Department of Labor, Example in Action: Government’s Role in Multistakeholder Initiatives: Brazil’s “Dirty List” and the Institute of the National Pact for the Eradication of Slave Labor.
European Union Corporate Sustainability Reporting Directive.
European Sustainability Reporting Standards.
UK Procurement Act 2023.
UK Government, PPN 02/23 – Tackling Modern Slavery in Government Supply Chains – Guidance.
Australian Government, Addressing Modern Slavery in Government Supply Chains.
The White House, Executive Order – Strengthening Protections Against Trafficking in Persons In Federal Contracts.

Council of the European Union, Council and Parliament strike a deal to ban products made with forced labour, (March 2024).

DIHR, Setting the scene for an effective forced labour ban in the EU, (2023).
Government of Canada, Forced Labour in Canadian Supply Chains.
J. Hoyos-Robles and E. K. Shin, Mexico’s Implementation of USMCA Forced Labor Import Ban, (2023).
US Department of Labor, Labor Rights and the United States-Mexico-Canada Agreement (USMCA).
US Customs and Border Protection, Forced Labor.
US Customs and Border Protection, Notice of finding that certain disposable gloves produced in Malaysia with the use of convict, forced or indentured labor are being, or are likely to be, imported into the United States, Federal Register, Vol. 86, No. 58, (29 March 2021).
US Customs and Border Protection, CBP Modifies Forced Labor Finding on Top Glove Corporation Bhd, (2021).
P. Pattisson, UK government sourcing NHS PPE from company repeatedly accused of forced labour, (The Guardian, 2020).
The UK Health and Care Act 2022.
Parliament of Australia, Customs Amendment (Banning Goods Produced By Forced Labour) Bill 2021.
New Zealand Parliament, Customs and Excise (Prohibition of Imports Made by Slave Labour) Amendment Bill — First Reading (2016).
Council of the European, Corporate sustainability due diligence: Council and Parliament strike deal to protect environment and human rights, (2023).
German Act on Corporate Due Diligence Obligations in Supply Chain.
Walk Free Foundation, Tackling Modern Slavery in Supply Chains: A Guide, (2014).
Fair Labor Association, Forced labor.
KnowTheChain, 2022-2023 Benchmark.
StrongerTogether, Detecting, Deterring and Dealing with Force Labour – Toolkit South Africa, (2023).
Local Government Association and Independent Anti-Slavery Commissioner, Modern slavery: A council guide.
Walk Free, Stacked Odds: How Lifelong Inequality Shapes Women and Girls’ Experience of Modern Slavery, (2020).
2030 Agenda for Sustainable Development.

Additional Resources:

Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups
Walk Free Foundation, Report: Harnessing the Power of Business to End Modern Slavery, (2016).
Ethical Trading Initiative, Base Code.
ILO Combating Forced Labour Handbook.
Fair Labor Association, Principles of Fair Labor and Responsible Sourcing and Workplace Code of Conduct and Compliance Benchmarks.
Global Reporting Initiative, G4 Sustainability Reporting Guidelines.
US Department of Labor, List of Products Produced by Forced or Indentured Child Labor or Forced Labor.
Verité:
– Fair Hiring Toolkit For Suppliers
– Research on Indicators of Forced Labor: Successes, Challenges and Reflections on Future Engagement
– Forced Labor Commodity Atlas
M. Dottridge, Compilation report on emerging good practices by state authorities, the business community and civil society on preventing human trafficking in the business practices and supply chains, (2016).
Z. Lasocik, Study on demand reduction measures to combat trafficking in human beings for the purpose of labor exploitation through the engagement of the private sector, Council of Europe, (2016).
P. T. Maranhão Costa, Fighting Forced Labour: The Example of Brazil, ILO, Geneva, (2009).

What National Action Plans say on Forced labour & modern slavery

Belgium (2017 - open)

Action point 19

Promote best practice of SMEs that adopt responsible supply chain management, especially through the « CSR Compass » tool

Promouvoir les bonnes pratiques des PME qui adoptent une gestion de la chaine d’approvisionnement responsable, notamment grâce à l’outil « CSR Compass »

This point briefly presents forced labour as one among several issues that the CSR Compass covers.

Action point 24

Pay special attention to the issue of children’s rights in awareness raising of enterprises

Accorder une attention particulière à la question des droits de l’enfant dans la sensibilisation des entreprises

The NAP comments that UN treaties, including those on slavery, also play an important role. One of the actions planned is therefore the ratification of the Protocol of 2014 to the ILO Convention on Forced Labor.

Actions of the National Action Plan on Business and Human Rights (page 25-26)

As observed in the reports prepared in the field of business enterprises and human rights by different national and international institutions, business enterprises may cause a series of adverse impacts, which could include the following: impacts on especially vulnerable social groups in terms of discrimination and lack of opportunities in the labour market, impacts on groups of society that could be facing particular risks regarding business enterprises or that may find themselves excluded from the benefits generated by corporate activities, child labour (interfering with the health, development, education or family life of people under 18 years of age), forced labour (slavery resulting from debts, human trafficking or any other coercive means depriving employees to freely leave the workplace), unsafe or unhealthy conditions at work exposing workers to risks such as accidents and work-related accidents, restrictions on the workers’ right to represent their interests collectively.

National Action Plan – production and objectives [page 6-7]

“The concept of business and human rights, on the other hand, is rooted in the fact that certain unwelcome developments should not happen in the course of business activities per se. Respect for human rights is not inherently voluntary – modern-day slavery, child labour, and environmental over-exploitation cannot be dependent on corporate goodwill. However, this Action Plan’s commitments to mitigate and suppress the risk of such occurrences in the absence of the state regulation that would prevent them directly are voluntary. They also make it easier for businesses to keep clear of such situations in their supply chains and among their business partners.”

Most serious infringements of working conditions [page 16-18]

“In 2009, there was a case where at least 22 construction workers were found to have been enslaved for up to 2 years (Judgment of the Supreme Court 4 Tdo 366/2013 of 14 May 2013).”

“Tasks: …

Raise law enforcement agencies’ awareness of issues specific to human trafficking, with a stress on victim protection and the non-punishment principle (i.e. the impunity and protection of those who have been forced into criminal activity). Take this principle into account in the preparation of legislation that may touch on human trafficking and modern-day slavery.
Coordinators: Ministry of the Interior, Ministry of Justice
Deadline: Running”

Supply chains and conflict minerals [page 20]

“Increasing attention is being paid to safety conditions at work (e.g. the use of slave and child labour in mining). Risks of this type are particularly serious in areas plagued by armed conflict, which can be attributed to the absence of state authority here. Raw materials imported from geopolitically unstable regions and flashpoints may be used as a source of funding to reconstruct the country and improve the conditions in which its inhabitants live. On the other hand, various groups may exploit slave or child labour in mining operations or in factories, and the proceeds from sales could then be used to pay for weapons and soldiers.”

Pillar II, Scope and content of the obligation to respect human rights [page 30-31]

“- Do not be associated with violations of human rights: This applies to other parties’ activities about which a business knows, on which it has a bearing, and/or which are closely related to its own business, and may encompass: …

The use of suppliers or subcontractors who exploit child labour or otherwise violate human rights in their activities.”

“What human rights? States bear liability for the full range of human rights. Businesses are required to respect those rights that could be affected by their operations, and must do so to the extent of a definite minimum, generally acknowledged fundamental standard deriving from:

the Universal Declaration of Human Rights;
the International Covenant on Civil and Political Rights;
the International Covenant on Economic, Social, and Cultural Rights; and
the International Labour Organisation’s core conventions. [the footnote states that “There are eight such “core conventions”, dealing with forced labour (the 1930 and 1957 conventions), freedom of association, the right to collective bargaining, equal remuneration, discrimination, minimum worker ages, and the eradication of child labour.”]

These rights are fleshed out in a series of other specific instruments, such as the OECD Guidelines for Multinational Enterprises.

In practice, this concerns matters such as the ban on forced labour, child labour, and life- or health-threatening working conditions”.

2.0 The state duty to protect human rights

2.3 Actions taken [page 13]

Protection of human rights in the business sphere in Danish legislation

“Denmark’s Criminal Code protects the right to life and human rights against torture, slavery, while proscribing a range of activities connected with human trafficking, for example.”

2.4 Planned actions [page 16]

Increasing the use of labour and social clauses in public contracts

“Part of the foundation of the Danish labour market model is that work performed in Denmark must be performed on Danish pay and working conditions. In this, the authorities hold an important role in ensuring that underpaid foreign labour does not occur in public projects.”

Appendix 1, GP 3b

Status in Denmark (initiatives implemented before the UN ratification of the Guiding Principles) [page 26]

“Large parts of Danish national law support compliance with the UNGPs such as legislation on labour issues, the environment, child labour etc. This type of protective legislative framework of Denmark enables business respect for human rights.”

2 The state and companies

2.1 The state as an economic operator [page 20]

SOCIALLY RESPONSIBLE PUBLIC PROCUREMENT

“In connection with the consultations organised by the working group, the idea of a statutory obligation to take social aspects into consideration in public procurement was presented. For instance, there is a federal obligation in the United States to include terms on the prohibition of the worst forms of forced labour and child labour in public procurement. In Finland, procurement legislation is procedural in nature, and it makes no statement on what is procured or on what terms.”

I- The State’s Obligation to Protect Human Rights

The International Framework

Actions to be Implemented [page 16]

Work to enhance cooperation between the World Trade Organization (WTO) and ILO to better integrate international social standards on responsible production processes and methods (for example, targeting child labour and forced labour), in order to promote a level playing field that takes into account existing frameworks and regulations

The National Framework

11. The Inter-Ministerial Exemplary Administration Action Plan and the National Action Plan for Sustainable Public Procurement

Public Procurement Policy [page 25]

… The new legal framework for public procurement gives purchasers several ways of addressing social and environmental impacts. Having transposed Article 57 of Directive 2014/24/EU of 26 February 2014 on public procurement, French law now states that public contracts may not be awarded to economic operators that have been found guilty of … trafficking or exploitation of human beings (Article 45 of Ordinance 2015-899) …

13. The Role of Public Agencies

The Agence Française de Développement (AFD) [page 28]

… The AFD considers human rights when selecting the projects it finances. Every year, it produces a corporate social responsibility report which mentions human rights in accordance with the ISO 26000 standard. It also has an exclusion list which prevents it from financing projects that involve forced labour, …

II- Businesses’ Responsibility to Respect Human Rights

3. Risk Analysis and Impact Assessment

Practical Tools Addressing Specific Issues [page 41]

ILO has created a business helpdesk providing questions and answers, resources and tools on issues connected with workers’ rights: … forced labour, … It also offers free and confidential assistance for company directors and workers.

III- Access to Remedy

1. Judicial Mechanisms – At the International Level

1.1 The Protocol to the ILO Forced Labour Convention [page 47]

France ratified the Protocol to the 1930 ILO Forced Labour Convention (no.29) on 7 June 2016. France was the fifth country to ratify the Protocol.

This Protocol was adopted at the ILO International Labour Conference on 11 June 2014 in Geneva. It supplements the convention, which is one of ILO’s most ratified instruments, by dealing with new forms of forced labour.

The Protocol provides for access to appropriate and effective remedies such as compensation. It also reinforces international cooperation in the fight against forced and compulsory labour. It highlights the important role played by employers and workers in tackling this issue.

This ratification is evidence of France’s commitment to fighting all forms of forced labour and promoting the universal ratification of ILO’s fundamental conventions.

1. Judicial Mechanisms – At the National Level

1.4 Proceedings

The Jurisdiction of French Courts to Hear Criminal Matters [page 49]

More specifically, French legislation is strict in combating human rights violations by legal entities. Under French law, it is a criminal offence for companies to engage in activities that breach people’s rights (… forced labour), …

1.1 Basic rules of economic policy

The current situation [page 16]

“People in vulnerable situations pose a particular challenge in Germany as elsewhere. These include migrants and, in general, employees in precarious work. These groups of people are exposed to a high risk of labour exploitation. The introduction of a general statutory minimum wage in Germany has established an effective instrument against excessively low wages. Since 1 January 2015, a minimum hourly wage of €8.50 has been payable, and its rate is to be adjusted every two years by an independent commission. The minimum wage has increased the earnings of four million people, whose income has risen by an average of 18%.

People who are affected by or at risk of labour exploitation need information about their rights and assistance in enforcing them. In recent years, advice and contact centres have been created in various parts of Germany, some with national and some with regional funding. With support from the Federal Government and the European Social Fund (ESF), for example, the German Trade Union Confederation (DGB), through a project called “Faire Mobilität” (fair mobility), provides such advice to employees, especially those from the EU Member States in Central and Eastern Europe. There is no permanent nationwide advisory structure yet for employees from all geographical origins and occupational sectors. In the fight against human trafficking and exploitative employment, Germany is also bound by EU Directive 2011/36/EU and has ratified both the Council of Europe Convention of 2005 on Action against Trafficking in Human Beings and the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. To coordinate the diverse activities designed to combat human trafficking, the Federal Government established the Federal Working Group on Trafficking in Human Beings in 1997, whose members include representatives of non-governmental organisations. …

The Federal Government is currently preparing for the incorporation of numerous international legal instruments into German law. These include the Protocol to the ILO Forced Labour Convention (No 29).”

1.2 Public procurement

The current situation [page 21]

“Germany has fully transformed into domestic law its obligations to protect human rights under international agreements. This applies, for example, to the prohibitions of child labour and forced labour that are imposed by the ILO core conventions. If enterprises break the law in Germany in either of these respects, they can be disqualified from receiving public contracts.”

Section 2: Current legislative and Regulatory Framework

Anti-trafficking [page 14]

“Combatting human trafficking is an important and fundamental part of the business and human rights agenda. The Government is committed to ensuring that people are not exploited or forced to work against their will either in Ireland or by Irish companies operating overseas. In October 2016, the Government launched the second National Action Plan to Prevent and Combat Human Trafficking. The plan contains 65 actions designed to crackdown on individuals and gangs involved in the crime, to support victims, to raise public awareness, and to enhance training for those likely to encounter victims.”

II. Premises

b) Italy and the United Nations Guiding Principles on Business and Human Rights (UNGPs)

“The NAP addresses the issue of the negative impact of business activities on human rights and identifies specific commitments with the aim of effectively integrating the UNGPs into the national system and business activities” and introduces limited objectives and actions, with reference to the national context translated into the following priorities:

(…)

2. The fight against caporalato (especially in the agricultural and construction sectors) and forms of exploitation, forced labour, child labour, slavery and irregular work, with particular attention to migrants and victims of trafficking.”

IV. Italian ongoing activities and future commitments

Irregular work and the agricultural sector

“Law No. 199/2016 on combating caporalato in agriculture has already achieved significant results: the Italian Government aims to fully implement the law, not only to repress the phenomenon but also to prevent it, as well as to strengthen the Network of quality agricultural work. To this end, on 16 October 2019, the Inter-institutional Steering Committee on Caporalato was set up, whose work led to the approval of the Three-Year Plan (2020 – 2022) in February 2020. This plan develops the national strategy to combat caporalato and labour exploitation in agriculture and obtained the agreement of the Unified Conference in May 2020.

(…)

It provides for an implementation strategy articulated in three different phases: an initial phase of analysis of the phenomenon, followed by emergency interventions in the most critical areas and then a systemic action that embraces the entire national territory. The latter is structured on four priority axes that concern: (i) prevention, (ii) vigilance and contrast to the phenomenon, (iii) protection and assistance for victims, (iv) their socio-occupational re-integration. For each of these axes, the Plan identifies priority actions (in a total of 10 actions of which 7 are dedicated to prevention) that involve, in a multi-level governance setting, the different administrations at central, regional and local level. The thematic priorities of the Plan were entrusted to six dedicated Groups, which were joined over time by two additional technical groups committed, respectively, to the development of the information system on the agricultural labour market and to the protection, assistance and socio-occupational reintegration of victims, both coordinated by the Ministry of Labour and Social Policies.

In 2020 a new working group was created within the Committee coordinated by the Directorate General of Immigration and Integration Policies of the Ministry of Labour and Social Policies. It was dedicated to protection and first aid to victims of labour exploitation. The working group counts upon the collaboration of experts from the Department for Equal Opportunities of the Presidency of the Council of Ministers, ANCI Reception and Integration System (former SPRAR), the Directorate General for the fight against poverty 20 and social planning of the Ministry of Labour and Social Policies, Regions, ANPAL, INAPP, INL, IOM and Consorzio Nova. The work of the group, which started in December 2020, continued in the first half of 2021 and, in particular, 7 meetings were held which led, in line with the objectives of the Three-Year Plan, to the development of a draft of guidelines on the identification, protection and assistance of victims of labour exploitation and a proposal to amend the concerned legislation (Arts. 18 and 22 of Legislative Decree No. 286/1998). The Guidelines were officially presented to Committee in its meeting of 27 July 2021, obtaining broad consensus. The working group also started an in-depth analysis over forms of support and compensation provided in the current legislation and of additional measures that could be issued to promote better protection of victims of labour exploitation.

(…)

The National Institute of Labour (INL) has launched extraordinary surveillance campaigns based on a multi-agency approach in some areas of Southern Italy (only in the agricultural sector) and of Central and Northern Italy (mainly, but not only, in agriculture) where the phenomena of forced labour and labour exploitation of migrants are particularly present. In order to implement these projects, special task forces were set up consisting of local inspectors, Carabinieri from the Labour Inspectorate Units, inspectors from other territories, as well as the aforementioned cultural mediators. The inspections were 22 planned in coordination with local authorities (Public Prosecutor’s Office and Prefectures) and with other supervisory bodies involved from time to time (INPS, INAIL, State Police, GdF, ASL…). The presence of the IOM cultural mediators, moreover, favoured the establishment of a relationship of trust between the inspection bodies and exploited workers, promoting their cooperation and also ensuring the activity of taking charge and protection of potential victims for the purpose of their subsequent socio-occupational reintegration (also through the paths provided by Arts. 18 and 22 of Legislative Decree No. 286/1998 – Consolidated Immigration Act).

(…)

In 2020 the INL has significantly implemented its counteracting action on caporalato and labour exploitation. It has also implemented action 8 “Strengthening of surveillance activities and counteracting labour exploitation” of the Three-year Plan to combat labour exploitation in agriculture and caporalato (2020-2022) and of aforementioned project initiatives based on experimentational approach. In particular, the INL has carried out and coordinated extraordinary surveillance campaigns in some areas of Southern Italy (in the agricultural sector only, with the project Su.Pr.Eme (funded by the EU Commission and supported by the project PIU’ SU.PRE.ME, for an amount of about € 50 million for the implementation of interventions in Puglia, Campania, Basilicata, Calabria and Sicily) and Central Italy (mainly, but not only in agriculture, with the project A.L.T. Caporalato! project, financed by the Ministry of Labour and Social Policies for an amount of € 3 million for actions in the territories of central and northern Italy), where the phenomena of forced labour and labour exploitation of migrants are particularly diffused. In order to ensure the best possible organization of task forces in the geographical areas concerned, particular emphasis was placed on the activation of all useful coordination with the local Public Prosecutor’s Office and all appropriate institutional cooperation at territorial level with the Prefecture, the police and other supervisory bodies (INPS, INAIL and ASL). In order to ensure compliance with health and safety regulations and thus contribute to reducing the risk of accidents and preventing occupational deaths, all useful synergies have been activated within the Regional Committees pursuant to Art. 7 of the Consolidated Act No. 81/2008 and the Provincial Committees for the participation of ASL prevention technicians in the activities of the task forces. Finally, contacts were made with the IOM referents of each regional context and with the bodies and associations of the anti-trafficking network in territories involved to ensure timeliness and effectiveness of any interventions to take charge of and provide protection to victims of severe exploitation identified during the operations. According to collected data and constantly evolving, during 2020 in 44 weeks task forces took action in Basilicata, Campania, Calabria and Apulia Regions and in L’Aquila, Latina and Florence provinces: 758 inspections were carried out and 4,767 work positions were checked. As a result of the inspections (some of which are still in progress), to date, 1,069 workers have been identified as being involved in labour violations, 421 of whom were employed illegally, 205 potential victims of labour exploitation were identified and 22 perpetrators were reported to judicial authorities. INL inspection staff activities in the fight against caporalato and labour exploitation, despite difficulties due to the epidemiological emergency, have achieved the following results: – 478 offenders were referred to the judicial authorities, 61 of whom were arrested; – protection of 1,850 possible victims of the crime of caporalato and labour exploitation, 119 of whom are more exposed due to their non-EU citizenship status without a regular residence permit. In relation to the agricultural sector only: – 323 offenders were referred to judicial authorities, 43 of whom were arrested; – identification of 1,104 victims of exploitation, including 55 without a regular residence permit. The percentage of workers who are victims of labour exploitation in relation to the total number of irregular workers in the primary sector was by far the highest at 18.6%. On the other hand, taking as a reference the parameter of the number of irregular inspections defined in the year by the INL staff , in agriculture, an average of 37 exploited workers were found for every 100 inspected companies against which irregularities were contested. In 2021, in light of the significant results achieved the previous year also thanks to the extraordinary task forces of the two projects mentioned above, INL has further strengthened such inspection action on the territory through the scheduling of about 150 weeks of task force, with a commitment more than tripled compared to the 44 weeks of activities carried out in 2020. In addition, given the success of these experiences, on 11 March 2021 the INL and IOM signed a memorandum of understanding. Lasting two years, the memorandum is aimed at structuring the collaboration between the INL and IOM and extending multi-agency interventions to the whole national territory. It also takes into account the indications and objectives of the Three-Year Plan. On the basis of the lessons learnt, specific guidelines for the personnel employed in the surveillance operations on the territory are being developed within the Working Group coordinated by INL. (p.23)

Smuggling of migrants and trafficking in human beings

“The National Plan of Action against Trafficking and Serious Exploitation of Human Beings 2016-2018, implementing Directive (EU) 2011/36, is aimed at defining measures and intervention strategies for preventing and combating the phenomenon, as well as actions aimed at raising awareness, social prevention, emersion and social integration of victims. The Plan was articulated according to the following five key priorities: (a) identify, protect and assist trafficking victims; (b) intensify prevention of human trafficking; (c) strengthen prosecution of traffickers; (d) improve policy coordination and coherence among key stakeholders; and (e) increase knowledge of emerging issues related to all forms of human trafficking and provide an effective response. Given the complexity and multi-sectoral nature of the interventions, the Plan has provided for the establishment of a political-institutional Steering Committee, responsible for ensuring a multidisciplinary and integrated approach between institutional and private/social actors. It is flanked by a Technical Committee, composed of representatives of central and local government, law enforcement agencies, trade unions and third sector entities involved in the fight against human trafficking. Moreover, the Department for Equal Opportunities at the Presidency of the Council of Ministers is responsible for the data collection system SIRIT (Sistema Informatizzato per la raccolta di informazioni sulla tratta), managed and updated by the Veneto Region within the framework of the Agreement for the management of the service inherent in the “Antitrafficking toll-free number”. Given the persistence of the Covid-19 health emergency, the Department for Equal Opportunities introduced proper changes for public and private operators in charge of anti-trafficking projects. Taking into account the dynamics of trafficking in relation to confinement measures, the Department ensured the ongoing implementation of projects and by an ad hoc provision of 28 May 2020 established their extension until 31 December 2020, with a 7-months paid allowance worth over € 11 million. This approach was reiterated in order to further extend the anti-trafficking projects until 30 June 2021, while providing additional funding of approximately € 10 million. In 2021 the Department for Equal Opportunities has prepared a new call (Call No. 4/2021): it takes into account the changes some services have provided during the pandemic, but it will also be structured in such a way to respond to needs of operators. In 2020, the process aimed at drawing up the new Plan was started; to this end, both the Steering Committee and the Technical Committee were reconvened, within which 4 working tables were identified according to the four key directions prevention, prosecution, protection, partnership and cooperation. The opportunity to set up an ad hoc working group involving all the competent Administrations with the aim of strengthening the collaboration for data collection was shared. In particular, the new Plan will be based on the following key priorities: (a) improve the reliability and availability of data on trafficking, as a precondition for adequate monitoring of the phenomenon and better policy-making; (b) intensify actions to address trafficking for sexual exploitation, forced marriages, begging, forced crime, organ trafficking, sale of infants, all forms of labour exploitation; (c) address trafficking in the new context of the migration crisis (in fact, many victims of trafficking are involved in asylum application systems); (d) intensify the training of professionals who, in various capacities, have contact with victims, also in relation to the evolution of traffickers’ operational methods; (e) combat impunity for those who knowingly use trafficked persons; (f) strengthen efforts to prevent child trafficking for multiple exploitation purposes; (g) take further measures to improve the identification of trafficked persons; (h) facilitate and ensure access to compensation for trafficked persons; (i) continue to take measures to ensure that the return of trafficked persons is carried out with respect for their rights, safety and dignity and, with regard to children, in full compliance with the principle of the best interests of the child; (l) enhance the efficiency and effectiveness of investigation and prosecution activities. In the field of labour and social legislation, in the implementation of priorities of intervention provided in planning documents for surveillance activity, extraordinary inspection campaigns were launched to prevent and counteract the illegal phenomena of greatest social alarm. These include caporalato, and the exploitation of foreign citizens and their reduction to slavery through controls over production sectors and geographical areas most at risk, in close collaboration with enforcement law officers (Carabinieri, ASL, Guardia di Finanza, State Police). Although the prevention of contemporary forms of slavery and the protection of victims cannot disregard the fight against illegal phenomena and the restoration of legality, the most demanding challenge concerns the direct involvement of workers. This is especially in regard to those most exposed to the risk of abuse and oppression: they should be involved in training courses to know their fundamental rights, for a greater awareness of defense tools provided and encourage a relationship of trust with the institutions. It should also be noted that, if during supervisory activities the presence of illegally employed irregular foreign workers is ascertained, the inspection staff is required to fill out and deliver a form to inform the foreign worker of his/her right to unpaid wages and insurance and social security contributions and how to enforce this right, as well as to sanction and take restrictive measures against involved employers.” (p. 25)

ANNEX 1 – Accountability Grid and Assessment Tools for the Implementation of the NAP

“3. Strengthen the role of competent bodies and inspection activities in combating and controlling the emergence of irregular work and caporalato, pursuant to Art. 103 of the “Relaunch” Decree-Law No. 34 of 19 May 2020 (“Emergence of labour relations”).” (p. 61)

“4. Ensure the full implementation of the Three-Year Plan to Combat Labor Exploitation in Agriculture and Caporalato 2020-2022.” (p. 61)

“5. Develop new coordination measures in the activities of prevention and control of the phenomenon of irregular work and to encourage the Ministry of Labour and Social Policies, Ministry of Quality: description of expected objectives and results achieved 62 operation of the “Network of quality agricultural work”.” (p. 61)

“6. Ensure full implementation of the National Action Plan against Trafficking and Serious Exploitation of Human Beings” (p. 62)

“13. Consolidate the commitment made at the national level with respect to international standards, in particular the Protocol relating to ILO Convention on Forced Labour of 2014 and Recommendation CM/Rec(2016)3 (monitoring) adopted by the Committee of Ministers of the Council of Europe with reference to business and human rights.” (p. 63)

“14. Update the information on the current legislative framework to combat illegal work and labour exploitation in the agricultural, construction, manufacturing and service sectors.” (p. 63)

“54. Ensure an adequate level of resources dedicated to legal aid, and ensure access to free legal aid also for non-resident foreign nationals, in particular for irregular migrants who are victims of crimes committed by criminal organizations, such as trafficking in human beings, and enable them to report such crimes regardless of their status.” (p. 68)

Slovenia’s priorities

An emphasis was placed on the risks of precarious work and trafficking in human beings for the purposes of labour exploitation or forced labour. (pg. 6)

Principle 1 – State’s duty to protect HR

In accordance with its international commitments and national legislation, Slovenia will strive for the effective implementation of policies and measures against discrimination in access to work and in the workplace, as well as policies and measures ensuring respect for labour rights, combating corruption, preventing and combating trafficking in human beings for the purpose of forced labour exploitation… (pg. 9)

Principle 3a – Human trafficking for forced labour exploitation

In April 2017, the Slovenian Government adopted the 2017–2018 Action Plan for Combating Trafficking in Human Beings, which includes awareness-raising activities for the business sector and efforts for more effective action aimed at detecting and investigating criminal offences of trafficking in human beings for the purposes of forced labour or labour exploitation. (pg. 15)

Principle 3a – Human trafficking for forced labour exploitation

Slovenia will carry out preventive measures and enhance the capacities to detect and prosecute offenders and perpetrators of criminal offences relating to trafficking in human beings for the purposes of forced labour or labour exploitation. (pg. 19)

The National Coordinator for Combating Trafficking in Human Beings, in cooperation with other relevant agencies and interested partners from the private sector, will carry out activities to raise the awareness of companies and employers of forced labour, with a view to reducing the demand for services provided by victims of human trafficking. (pg. 19)

Key operators of the Slovenian economy, particularly industries at increased risk, will be informed about the upgrades and promotion of the web manual titled Preventing the Risk of Hidden Forced Labour, a tool for detecting and managing the risk of a company’s potential links with forced labour or exploitation. (pg. 19)

In cooperation with other relevant state bodies, the Police will take a proactive approach, and enhance field activities to identify potential victims of human trafficking (forced labour, forced begging, etc.). (pg. 19)

Annex I – Human Rights Due Diligence

Among the aspects of human rights that business enterprises are obliged to respect are all human rights, including guaranteeing non-discrimination and the equal treatment of all persons, gender equality, the protection of fundamental workers’ rights, the prohibition of forced labour and labour exploitation… (pg. 44-45)

C. Current Status

1. Domestic Status [page 3]

Increased discussion of corporate social responsibility as a result of human rights issues such as … child labor, … in the management process of multinational corporations

Guiding Principle 1

“Spain has also ratified the eight fundamental Conventions of the International Labor Organization (ILO):

Forced Labour Convention (No 29).
Abolition of Forced Labour Convention (No 105).”

Objectively verifiable indicators	× Benchmark: NAP 1
Verification sources	× NAP 1 Implementation Report × Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results	× Ratification of the Protocol
Implementation timeline	As soon as possible
Means of implementation	× MAEE (Ministry of Foreign and European Affairs), Directorate for European Affairs and International Economic Relations