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 2017 Global Estimates of Modern Slavery highlighted that on any given day in 2016, 40 million people were victims of modern slavery, including 25 million people in forced labour and 15 million people in forced marriage. The Global Estimates of Child Labour 2012-2016, published in 2017, highlights that 152 million children aged 5-17 were estimated to be child labourers. According to the ILO, women and girls are disproportionately affected by forced labour, accounting for 99% of victims in the commercial sex industry, and 58% in other sectors. Forced labour is immensely profitable with the illicit profit estimated by the ILO in 2014 at $150 billion a year. 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 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, defines slavery as ”the status or condition of a person over whom all or any of the powers attaching to the right of ownership are exercised.”+ Read more
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) 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.
A number of efforts have been adopted to eradicate forced labour and modern slavery. Legislative efforts 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 provision 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 Business and Human Rights Resource Centre has compiled publicly available statements in a Modern Slavery Registry. In July 2018 the UK Government commissioned an independent review of the Modern Slavery Act 2015.
The first case under the UK Modern Slavery Act 2015 was brought 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.
Following a Parliamentary inquiry, the Australian Parliament passed the Commonwealth Modern Slavery Act in November 2018 which came in to force 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 an annual revenue of AUS $100 million and operating in Australia, as well as government bodies. Businesses below a certain revenue threshold may volunteer to comply with the reporting requirements. The reports will be publicly available on a central repository. 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 annual turnover of AUD$50 million and creates monetary penalties for companies with employees in New South Wales that fail to comply with the modern slavery statement requirements.
Brazil’s Dirty List (MTE Decree No. 540/2004), enacted by the Labor 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. Although there are no financial penalties attached to those in the list, the decree recommends that financial bodies under the Minister of National Integration do no grant those on the list “financial or any other form of assistance with resources”. As a result, in addition to appearing in the list a business “can be can also be penalised with both criminal and commercial sanctions including:
- Freezing its assets
- Denial of government subsidies
- Ineligibility to tender for government projects
- Inability to access credit through public and private financial institutions.”
The Dirty List is updated every six months on the Ministry’s website; as of January 2019, there are 200 companies listed. As an extension of the Dirty List, the state of São Paulo passed the Anti-Slavery Law (Law No. 14.946/2013), to shut down any company found to have used slave labor at any stage of the production process, directly or indirectly.
In the US, aside from the well-established Federal Criminal Code, Executive Order 13627 “Strengthening Protections Against Trafficking in Persons in Federal Contracts” has been in force since 2012. The Executive Order has enhanced the responsibilities and duties of federal contractors and subcontractors to prevent human trafficking. At the internal state-level, 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 receipts exceed $100 million, to report on their implementation of anti-human trafficking compliance controls. A good overview of various efforts is provided in the reports by Mike Dottridge and Zbigniew Lasocik.
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 unauthorized third-party recruiters. To assist businesses tackle those challenges, the Walk Free Foundation has 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 have developed a guide on Modern Slavery for local councils to help councils understand their role in addressing modern slavery.
Under the 2030 Agenda for Sustainable Development, company actions to address and avoid forced labour in supply chains primarily relate to SDG 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 in 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).
8) Decent Work and Economic Growth
What National Action Plans say on Forced labour & modern slavery
Action point 19
Promote best practice of SMEs that adopt responsible supply chain management, especially through the « CSR Compass » tool
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
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.
`The Colombia NAP does not explicitly address this issue’
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).”
- 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
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.”
The Finnish NAP makes reference to the prohibition on slavery generally [Introduction, page 11] and references forced labour only in terms of provisions in public procurement.
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
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), …
There is no mention of forced labour and modern slavery in the Business and Human Rights Chapter of the Georgian Human Rights NAP.
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.”
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)
Chapter 2. Action Plan
2. Areas of the NAP
(1) Cross-cutting areas
A. Labour (Promotion of Decent Work)
(Existing framework/Measures taken）
As measures that have already been conducted in the labour area, the Government made efforts to realize decent work by promoting labour policies to respect, promote, and realize the four principles concerning the fundamental rights stated in the ILO Declaration, namely: (1) freedom of association and the effective recognition of the right to collective bargaining; (2) the elimination of all forms of forced or compulsory labour; (3) the effective abolition of child labour; and (4) the elimination of discrimination in respect of employment and occupation. For example, protection and promotion of the rights of workers are promoted through labour related legislation applicable to workers regardless of nationality, race, and ethnicity such as: the Labour Standards Act (Act No. 49 of 1947); the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947); the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Equal Employment Opportunity Act) (Act No. 113 of 1972); and the Mariners Act (Act No. 100 of 1947).
More recently, the revision of laws, including the Act on the Comprehensive Promotion of Labour Policies, and the Employment Security and the Productive Working Lives of Workers (Labour Policies Comprehensive Promotion Act) (Act No. 132 of 1966) in 2019 has resulted in new requirements for employers to establish necessary measures regarding employment management, such as the provision of counseling services, to prevent the abuse of authority, or so-called “power harassment,” in the workplace. The revision of these laws has also strengthened preventive measures against sexual harassment, such as the prohibition of disadvantageous treatment by an employer against employees who report.
- Promotion and Protection of Children’s Rights
(Existing framework/Measures taken）
As measures that have already been conducted, the Government has supported initiatives in the area of education that leads to eradication of child labour and measures against trafficking in persons by contributing to the UN Trust Fund for Human Security and international organizations. In addition, the Government has supported initiatives to enhance measures against trafficking in persons and protection of such victims mainly in Southeast Asian countries, through technical cooperation by JICA (Japan International Cooperation Agency) and contributions to various UN agencies. Furthermore, the Government has been making contributions to and participating in the Asia-Pacific regional framework, the “Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime” (hereinafter referred to as the Bali Process). The Government has also taken part in the WePROTECT Global Alliance to End Child Sexual Exploitation Online. Moreover, the Government reaffirmed the G20 commitment to eradicate child labour and various forms of modern slavery in the G20 Osaka Leaders’ Declaration and the G20 Labour and Employment Ministers’ Declaration, both compiled by Japan as the chair. For these initiatives, sufficient attention has been paid to gender perspectives considering that a large number of the victims involved are women and girls.
CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS
2.6. Labour [Pages 12-13]
[…] Other constitutional rights related to labour include Article 30 which prohibits slavery, servitude and forced labour and Article 27 which guarantees equality and freedom from discrimination, specifically including the equal rights of women and men to opportunities in the economic sphere and the dictate that no person shall discriminate against another person directly or indirectly on grounds including sex, health status, religion, ethnic origin, disability and social origin.
CHAPTER FOUR: IMPLEMENTATION AND MONITORING
ANNEX 1: SUMMARY OF POLICY ACTIONS [Page 23]
|Strategic Objective||Policy Actions||Key Actors|
|Strategic Objective 1:
Enhance existing policy, legal, regulatory and administrative framework for ensuring respect of human rights by business through legal review and development of specific guidance for business
|Strengthen oversight mechanisms of recruitment agencies involved in the recruitment of Kenyans for employment in businesses abroad.
Take appropriate measures to promote safe and fair labour migration including agreements on free exchange of information, and more stringent regulation of employment agencies and explore measures for providing legal and psychosocial support services to victims of labour abuse.
|Ministry of Foreign Affairs, Ministry of Labour and Social Protection; National Employment Authority, COTU, FKE|
The Lithuanian NAP makes no reference to forced labour and modern slavery.
Part II: Specific objectives of the National Action Plan 2020-2022
1. The state duty to protect human rights
1.9. Consider ratification of the 2014 Protocol (P29) to the ILO Forced Labour Convention
The Protocol provides for access to appropriate and effective remedies and redress mechanisms, such as compensation for victims. It also strengthens international cooperation in the fight against forced or compulsory labour. The protocol emphasises the role of employers and workers in the fight against forced labour.
|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|
The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.
Content from non-BHR specific chapters in the Human Rights NAP:
Strategic priority 2.3. Respond to gross human rights violations, within a focalised intervention level, in order to prevent their reoccurrence
2.3.6. Encourage businesses to implement a prevention and reporting culture concerning human trafficking practices, particularly regarding people providing touristic, transport and communication services.
The Dutch NAP references international forced labour protection and includes one action on the topic.
3.1 An active role for the government
Level playing field [page 15]
“The Netherlands is also committed to universal ratification of the ILO’s fundamental labour standards: the ban on child labour and forced labour, equality of opportunity and treatment, and freedom of association.”
3.2 Policy coherence
Trade and investment agreements [page 20]
“The government is committed to including clear provisions on the relationship between trade, investment and sustainability in trade and investment agreements. Within the EU, the Netherlands urges the inclusion in these agreements of a section on trade and sustainable development, with monitoring and enforcement mechanisms. The aim is for parties to reaffirm their commitment to fulfilling their ILO obligations to eliminate child labour and forced labour and to working together to this end.”
The ILO Core Conventions [page 31]:
The eight ILO core conventions provide a globally recognised framework for what constitutes a decent working life. The conventions are of key importance for the UN Guiding Principles on Business and Human Rights, the UN Global Compact and the OECD Guidelines for Multinational Enterprises. They include the following areas: (…) The elimination of forced or compulsory labour (Convention No. 29 on Forced Labour, and Convention No. 105 on the Abolition of Forced Labour).
CHAPTER 2: Protect, Respect, Remedy Framework
Pillar I | State Duty to Protect Human Rights (page 12)
‘Pakistan’s domestic legal framework provides various guarantees and includes protection of the rights of workers especially in relation to […] forced labour […].’
CHAPTER 3: National Action Plan Priority Areas and Proposed Actions
3.2. NAP Priority Areas
3.2.4 | Labour Standards and the Informal Economy (page 28)
‘Pakistan has also ratified several ILO Conventions that require States to […] eradicate […] forced labour or any forms of modern slavery.’
3.2.6 | Forced or Bonded Labour (page 33)
‘The Constitution of Pakistan and Pakistan’s core criminal legislation, the Pakistan Penal Code, prohibit forced or bonded labour. The Prevention of Trafficking in Persons Act 2018 and the Bonded Labour (Abolition) Act 1992 also prohibit bonded labour. Additionally, the Bonded Labour (Abolition) Act calls for the establishment of Vigilance Committees at the district level to monitor and report any instances of forced or bonded labour. Pakistan has ratified ILO Convention No. 29 (Forced Labour) and ILO Convention 105 (Abolition of Forced Labour), and is committed to eliminating forced or bonded labour.’
- Federal (pages 33-34)
‘55. Ratify Protocol to ILO Convention No. 29 (Forced Labour).
Performance indicator(s): (i) Steps taken required prior to ratification; (ii) Ratification of Convention
UN Guiding Principle(s): 1, 3
Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institution’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 55 designating the Federal Cabinet, the Ministry of Foreign Affairs, the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Parliamentary Affairs as Additional Entity (page 66).
‘56. Amend the Bonded Labour (Abolition) Act 1992 to provide more stringent punishments against those violating the law and to incorporate provisions on Government aid and rehabilitation programs for victims of forced or bonded labour.
Performance indicator(s): (i) Amendment to law
UN Guiding Principle(s): 1, 3, 25
Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 56 designating the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Parliamentary Affairs, the Parliamentary Functional Committee on Human Rights and the National Commission on the Rights of the Child as Additional Entities (page 67).
‘57. Amend Section 374 of the Pakistan Penal Code (in relation to unlawful compulsory labour) to increase the sentence from the current one-year sentence up to a maximum of life imprisonment for the most severe violations. Performance indicator(s): Amendment to the Pakistan Penal Code
UN Guiding Principle(s): 1, 3
Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 57 designating the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Interior, the National Commission on the Rights of the Child, the Ministry of Parliamentary Affairs, the Parliamentary Functional Committee on Human Rights and the Federal Judicial Academy as Additional Entities (page 67).
- Federal and Provincial (page 34)
‘58. Ensure the establishment, proper functioning, and introduce capacity-building programmes for District Vigilance Committees, established under the Bonded Labour System (Abolition) Act 1992.
Performance indicator(s): (i) Number of District Vigilance Committees established and functional; (ii) Number of capacity-building activities
UN Guiding Principle(s): 1, 3, 8
Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 58 designating the Ministry of Human Rights, the Provincial Human Rights Departments and the Provincial Labour Departments as Leading Entities, and designating the Ministry of Planning, Development and Reform, the Ministry of Industries & Production, the National Commission on the Rights of the Child, CSOs, NGOs and Trade/Labour Unions as Additional Entities (page 67).
CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS
Progress was found in the reduction of child labor rates, as part of the expected results, but the evaluation and monitoring of the National Strategy for the Prevention and Eradication of Child Labor 2011-2021, in charge of the MTPE, the governing body in this area, is required. However, being in the last year of its implementation, its evaluation is relevant, which will allow the formulation, based on evidence, of the new national policy for the prevention and eradication of child labor, aligned with the country’s international commitments in relation to the fulfillment of Target 8.7:
Take immediate and effective measures to eradicate forced labor, end contemporary forms of slavery and trafficking in persons and ensure the prohibition and elimination of the worst forms of child labor, including the recruitment and use of child soldiers, and, by 2025, to end child labor in all its forms […]. – page 44
On the other hand, it is necessary to strengthen the dissemination of the problem and the scope of the prevention and eradication of forced labor, as well as the implementation of the national policy that contributes to address this public problem (III National Plan to Combat Forced Labor 2019-2022), in charge of the MTPE. Likewise, the importance of having statistical information that allows dimensioning the public problem is also noted, so it is necessary to deepen the efforts of the MTPE in the application of the Survey on the Prevalence of Forced Labor, in order to characterize this problem. In this regard, the dissemination of whistleblower channels, and the protection of whistle- blowers and witnesses, as well as the identification of the institutions in charge of the reinsertion of the victims of this scourge should be strengthened. – page 45
Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050
Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment. Objective No. 1: Promote regulatory actions to prevent human rights violations in the corporate sphere
Action: Evaluate, based on the status assessment report, the incorporation of appropriate measures to contribute to formalization through the public procurement system; as well as to prevent the State from contracting with companies that commit serious human rights violations, specifically those related to forced labor and the worst forms of child labor, directly or through their supply chain; and promote and guarantee respect for human rights by companies in their supply chains.
Background: Peru should also continue to make progress in ensuring that public procurement excludes companies that directly or through their supply chains engage in forced labor, the worst forms of child labor, and other serious human rights violations. Likewise, the State should promote measures so that through public procurement, companies and their supply chains are encouraged to respect human rights.
Indicator: Report that, based on the assessment of the situation, identifies appropriate measures to contribute to formalization, prevent the State from contracting with companies that incur serious human rights violations, directly or through their supply chain; and promote that companies and their supply chains respect human rights. – page 71
Action: Provide information and raise awareness on the importance of not contracting with the State in the case of companies sanctioned for forced labor and the worst forms of child labor, making visible the harmfulness of this practice.
Background: Despite the international instruments on business and human rights, our country has not yet issued any specific regulation that includes mechanisms to require companies to ensure that their supply chains do not contract with companies that have been sanctioned for forced labor and/or worse forms of child labor. These mechanisms should also consider micro and small companies.
Indicator: Information booklet on the importance of not contracting with the State in the case of companies sanctioned for forced labor and the worst forms of child labor, making visible the harmfulness of this practice. – page 116
2017-2020 NATIONAL ACTION PLAN
Pillar I: The state’s duty to protect human rights
1. Regulations relating to business and human rights under Polish law
Prohibition of forced or compulsory labour [page 9]
“Referring to the prohibition of this type of work, it should be noted that, although the Labour Code does not contain a definition of forced labour, according to Article 65(1) of the Constitution of the Republic of Poland, everyone has the freedom to choose and to pursue their own occupation and to choose their place of work (with exceptions specified by law). On the other hand, one of the basic principles of labour law is the right to choose work freely, resulting from the provision of Article 10 LC, which also guarantees minimum remuneration and the assistance of the public authorities in taking up employment, as part of state policies to combat unemployment. This provision does not, however, provide the grounds to demand employment. In addition to the right to choose work freely, as specified in Article 10 § 1 LC, there is the principle of discretion when establishing an employment relationship, set out in Article 11 LC.”
Pillar II: The corporate responsibility to respect human rights
5. Corporate social responsibility in companies with State Treasury shareholding [page 32]
“as Poland ratified the Protocol of 2014 to Forced Labour Convention No 29 of 1930, it is necessary to initiate measures that will require employers in the public and private sectors to provide information under their reporting procedures on implemented procedures, processes, and standards for counteracting forced labour.”
10. Planned and ongoing activities [page 37]
“working to establish cooperation between state institutions and business-sector entities to counteract and reduce the phenomenon of forced labour, as one of the forms of trafficking in human being.”
Pillar III: Access to remedies
1. Current situation regarding access to legal remedies
Protection under criminal law [page 42]
“In this context, it is worth mentioning the amendment to the Penal Code that introduced a definition of slavery (Article 115 § 23 PC) and a definition of trafficking in human beings (Article 115 § 22 PC) modelled on the standards set by the Palermo Protocol and the Council of Europe Convention on Action against Trafficking in Human Beings. Penalisation was provided not only for the act itself, but also for the preparatory stage for its execution (Article 189a PC). In connection with Council Decision (EU) 2015/2071 and Poland’s ratification of the Protocol of 2014 to Convention No 29 on Forced Labour of 1930, it is advisable to continue the work on verifying whether the provisions related to forced labour under Article 115 § 22 PC are sufficient to penalise the phenomenon of trafficking in human beings for forced labour.”
“In connection with Council Decision (EU) 2015/2071 and Poland’s ratification of the Protocol of 2014 to Convention No 29 on Forced Labour of 1930, it is advisable to continue the work on verifying whether the provisions related to forced labour under Article 115 § 22 PC are sufficient to penalise the phenomenon of trafficking in human beings for forced labour”
3. National Labour Inspectorate (PIP): an institution that oversees business and human rights
Tasks of the National Labour Inspectorate in the field of combatign human trafficking, and, in particular, forced labour [page 47]
“National Labour Inspectorate services play an extremely important role in combating trafficking in human beings, including forced labour. The National Labour Inspectorate is included in a group of institutions and organisations carrying out tasks to counteract this phenomenon, as part of their competencies. At the central level, a representative of the Chief Labour Inspectorate participates in meetings of the interdepartmental Team for Combating and Preventing Trafficking in Human Beings and in proceedings of the Teams’ Working Group. The National Labour Inspectorate carries out tasks under the National Plan and reports annually on their implementation to the Ministry of Interior and Administration. In addition, selected labour inspectors from district labour inspectorates participate in the work of Voivodship Teams for Preventing Trafficking in Human Beings.
Within the framework of the supervisory and inspection tasks performed, in particular when inspecting the legality of employment and the assignation and performance of work by foreign nationals, labour inspectors check where there are indications of forced labour at an inspected establishment, which is characterised by taking control over an employee and resulting in a violation of human rights. In order to evaluate and identify potential victims of trafficking, indicators are used, i.e., the circumstances of taking up and performing work, which may indicate that the employee is a victim of this type of crime (developed by both the ILO and the Ministry of Interior and Administration). The signing of an agreement between the Border Guard Chief Commander and the Chief Labour Inspector in 2008 and then in 2015 served as an instrument to strengthen the capacity of labour inspectors to respond to the illegal employment of foreign nationals and to the phenomenon of trafficking in human beings. The agreement serves as the basis for cooperation in undertaking joint inspections by Border Guard officers and labour inspectors, and to exchange information on infringements of the law concerning foreign nationals, including cases of their illegal employment. Effectively combating crimes of trafficking in human beings for forced labour is also possible thanks to mechanisms for cooperation and the exchange of information between National Labour Inspectorate units and prosecutors’ offices, at both the central and local levels, also on the basis on an agreement concluded in 2014. Training courses are conducted at the National Labour Inspectorate Training Centre in Wroclaw to help improve the qualifications of the inspectorial staff involved in the activities related to the issues in question.
The procedure for handling complaints by PIP authorities is an important tool in the prevention of trafficking in human beings for forced labour and violations of labour rights against foreign nationals. Complaints that suggest the need for immediate action are examined first. Respecting the dignity and other personal interests of employees is a fundamental duty of employers. This also includes the prohibition of unequal treatment and discrimination at work. The activities of the National Labour Inspectorate to prevent and combat unequal treatment and discrimination in labour relations include the implementation of activities in the sphere of oversight and inspection, as well as in prevention and information. (…)”
Implementation of the National Action Plan
1. Education [page 54]
“It is appropriate to take preventive measures against forced labour, including education and information initiatives for employers, and to support both the public and private sectors in preventing and responding to the threat of forced labour.”
Apendix 1: International non-binding mechanisms and international legal framework in force in Poland in relation to business and human rights
Conventions for the Protection of Human Rights and Fundamental Freedoms [page 58]
“Poland has also ratified the Convention for the Protection of Human Rights and Fundamental Freedoms (Journal of Laws of 1993, No 61, Item 284, as amended). Article 34 of the Convention provides for the right to file an individual complaint, which makes it possible to initiate proceedings against the defendant state before the Court in order to protect the rights and freedoms of the Convention: (…) Article 4: Prohibition of slavery and forced labour (…).”
2021-2024 NATIONAL ACTION PLAN
|2. Ministry of Development Funds and Regional Policy
Responsible business – promoting due diligence standards
The effectiveness of activities carried out so far in the form of cooperation within the Advisory Board for Sustainable Development and Corporate Social Responsibility encourages further development of the initiative and dialogue with representatives of various institutions and sectors. In this sense, the Advisory Board for Sustainable Development and Corporate Social Responsibility establish annual action plans. The plans include, among others, the following activities:
· promotion of the handbook entitled: “Forced labour. A Guidebook: how to recognise and combat it” consisting in a wide-ranging e-mailing of the handbook, mailing of the paper version and organisation of webinars on the tools presented in the handbook. Information on the tools developed in the handbook will also be provided during meetings and trainings addressed to entrepreneurs organised by the Advisory Board for Sustainable Development and Corporate Social Responsibility,
· developing tools for entrepreneurs as set out in the handbook on tools for minimising forced labour in enterprises in an electronic version, downloadable from the website of the Working Group for Relations with Individuals Performing Work, – page 10
· cooperation with other multilateral cooperation platforms for counteracting undesirable phenomena related to the failure to respect human rights in business activity of enterprises, e.g. with the Unit for Preventing Trafficking in Human Beings in the Ministry of the Interior and Administration. – page 10
6. Ministry of Justice
Proposal of a definition of forced labour
The Ministry of Justice has received the material developed within the framework of the Working Group for Relations with Individuals Performing Work of the Advisory Board for Sustainable Development and Corporate Social Responsibility – an auxiliary body of the Minister of Investment and Development, containing a proposal for the definition of forced labour. The Ministry of Justice will examine the possibility of working on the criminalisation of forced labour as a prohibited act positioned between the violation of labour rights and trafficking in human beings. – page 25
7. Ministry of the Interior and Administration
Combating the phenomenon of trafficking in human beings for forced labour
1. Building awareness of the threat of exploitation and forced labour, e.g. through poster campaign, information meetings.
2. Developing guidelines for labour inspectors on the methodology of conducting control activities in cases where there is a suspicion of trafficking in human beings, in particular forced labour, and implementing them. – page 26
11. Ministry of Foreign Affairs
1. Trainings for persons about to hold consular posts
The Consular Department of the Ministry of Foreign Affairs in cooperation with the Ministry of the Interior and Administration and with the participation of representatives of the NGO La Strada will organise cyclical training for candidates for consular posts. The aim of the training is to familiarise future consular staff with the subject of trafficking in human beings, to provide information on emerging forms of trafficking in human beings, to indicate how an alleged victim of such activities can be identified and how and to what extent a consul can provide assistance.
2. Preventive actions and cooperation with other entities
Consular offices will continue to be active in providing information on the risks faced by persons with no command of foreign languages as well as the laws and regulations of the country of residence, inter alia by organising meetings and seminars on this subject. Moreover, consuls shall take part in meetings devoted to the phenomenon of trafficking in human beings organised by the authorities of the countries of accreditation and organisations operating there. These issues are raised within the framework of local consular cooperation with representations of other EU Member States. The missions also maintain ongoing contact with labour inspectorates, public order services, NGOs and foundations dealing with this issue. Representatives of the Ministry of Foreign Affairs participate in meetings of the Unit for Preventing Trafficking in Human Beings and maintain close contact with NGOs supporting victims of trafficking in human beings, e.g. with the ITAKA Foundation. In cooperation with the Ministry of the Interior and Administration, the Consular Department of the Ministry of Foreign Affairs placed on the e-consulate website (https://e-konsulat.gov.pl/), in all nine language versions, a banner on counteracting trafficking in human beings, directing to the website of the National Consulting and Intervention Centre for the Victims of Trafficking in Human Beings (in relevant languages – https://www.kcik.pl/). – page 30
12. Public Procurement Office
The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)
• Article 104 on the possibility of direct reference by the contracting body to a specific label in the description of the subject-matter of the contract, the description of the contract award criteria or in the contract performance requirements in order to highlight the specific characteristics of the contract (including social ones). Labels by means of which contracting bodies may specify requirements connected to compliance with social and economic rights, such as guaranteeing adequate remuneration for work, protecting women’s rights and combating discrimination against them (equal pay, participation in decision-making), prohibition of forced labour and non-use of child labour, freedom of association, health and safety at work, contribution to the development of local communities. Said right of the contracting body is subject to the cumulative fulfilment of the conditions set out in Article 104 of the PPL, – page 34
Tasks of the National Labour Inspectorate in the field of combating trafficking in human beings, in particular, for forced labour
National Labour Inspectorate services play an important role in combating trafficking in human beings, including trafficking for forced labour. As part of its competencies, the National Labour Inspectorate is included in a group of institutions and organisations carrying out tasks to counteract this phenomenon. At the central level, a representative of the Chief Labour Inspectorate participates in meetings of the Unit for Preventing Trafficking in Human Beings in the Ministry of the Interior and Administration and in the works of the Unit’s Working Groups. The National Labour Inspectorate carries out tasks under the National Action Plan against Trafficking in Human Beings (currently for 2020-2021) and reports annually on their implementation to the Ministry of the Interior and Administration. In addition, selected labour inspectors from regional labour inspectorates participate in the work of Voivodship Units for Preventing Trafficking in Human Beings.
Within the framework of the supervisory and inspection tasks, in particular when inspecting the legality of employment and the assignation and performance of work by foreign nationals, labour inspectors verify whether there are indications of forced labour at an inspected establishment, a phenomenon which is characterised by taking control over an employee and results in a violation of human rights. In order to evaluate and identify potential victims of trafficking, especially for forced labour, a number of indicators are used (developed by both ILO and the Ministry of the Interior and Administration), such as the circumstances of taking up and performing work, which may indicate that the employee is a victim of this type of crime.
The signing of an agreement between the Border Guard Chief Commander and the Chief Labour Inspector in 2008 and then in 2015 and 2018 served as an instrument to strengthen the capacity of labour inspectors to respond to the illegal employment of foreign nationals and to the phenomenon of trafficking in human beings. The agreement offers a basis for cooperation primarily in undertaking joint inspections by Border Guard officers and labour inspectors, and for exchanging information on violations of the law concerning foreign nationals, including cases of their illegal employment. Effective combating of crimes of trafficking in human beings for forced labour is also possible thanks to mechanisms of cooperation and exchange of information between National Labour Inspectorate units and prosecutors’ offices, at both the central and local levels, also on the basis of an agreement concluded in 2014 and 2017. Training courses are conducted at the National Labour Inspectorate Training Centre in Wrocław to help improve the qualifications of the inspectorial staff involved in the activities related to the issues in question.
The procedure for handling complaints by PIP authorities is an important tool in the prevention of trafficking in human beings for forced labour and violations of labour rights of foreign nationals. Complaints that suggest the need for immediate action are examined first. – page 37/38
Appendix 2 (information of the Ministry of Foreign Affairs)
GOOD PRACTICE CATALOGUE FOR FOREIGN MISSIONS IN THE FIELD OF BUSINESS AND HUMAN RIGHTS2
– cooperate with reliable partners whose reliability, including in the area of respect for human rights, has been checked using available instruments such as verification by specialised economic bodies. Particular attention should be paid to respect for human rights in the context of forced and bonded labour and child labour in the supply chain.4 To the extent possible, preference should be given to companies certified as responsible businesses (e.g. Fair Trade). The current policy on sanctions adopted by Poland should also be taken into account; – page 47
Point relating to consular activities:
– counteract the phenomenon of trafficking in human beings for forced labour through the implementation of an appropriate information policy, the application of regulations and guidelines relevant to consular services in this regard and ongoing cooperation with services and NGOs dealing with this issue. – page 48
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).”
The Swedish NAP makes no reference to forced labour or modern slavery.
2 National Action Plan on Business and Human Rights 2020-23
2.2 Pillar 2: the corporate responsibility to respect human rights
As part of the UN Global Impact, a number of Swiss companies …are involved in efforts to eliminate all forms of forced and compulsory labour; they seek to abolish child labour…
2.2.2 Operational principles: human rights due diligence
Guiding Principles 16 to 21
Measure 27: Promote efforts to end all forms of child exploitation in supply chains
The exploitation of children includes child labour, forced labour, sexual exploitation and child trafficking. The federal government works with civil society and the private sector to develop tools and organise events to raise awareness among businesses about the exploitation of children in all its forms.
The federal government will establish partnerships with the private sector and civil society to advance Goal 8.7 of the 2030 Agenda for Sustainable Development: end child labour in all its forms by 2025, eradicate forced labour, and end modern slavery and human trafficking by 2030.
Measure 29: Public-private partnerships to promote respect for human rights in the value chain
To promote the implementation of labour rights and human rights by business enterprises, the federal government, together with the ILO, supports the Better Work programme for the textile industry and the Sustaining Competitive and Responsible Enterprises (SCORE) programme to support SMEs in creating decent working conditions. These projects are jointly run by the ILO, governments, the private sector and unions, and are focused on compliance with fundamental labour standards, including measures to combat child and forced labour.
V. Access to remedy
B. Actions taken
- Judicial remedy
Extraterritorial jurisdiction (page 18)
With respect to any human rights abuses that occur overseas, Taiwan already has laws and regulations which provide that such abuses are subject to the jurisdiction of Taiwan’s judicial authorities no matter where the abuses have taken place. For example, if a responsible person or an employee of a company engages overseas in human trafficking, drug dealing, or piracy (as referred to in Article 5 of Taiwan’s “Criminal Code”), […] the offense will be subject to the jurisdiction of Taiwan’s judicial authorities regardless whether the offense is punishable or not under the law of the land where the crime is committed.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, Access to remedy, UNGP25, Actions taken (page 53).
Appendix 3: Concrete actions taken by Taiwan to provide effective remedy systems
- Extraterritorial jurisdiction (page 36)
‘Article 5 of Taiwan’s “Criminal Code” provides that if a company engages overseas in human trafficking, drug dealing, or piracy, the offense will be subject to the relevant provisions of Taiwan’s Criminal Code, and Taiwan’s judicial system has the power to prosecute and punish the offender.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, Access to remedy, UNGP25, Actions taken (page 53).
3. The core content of the National Action Plan on Business and Human Rights
3.1 Action plan on labour
3.1.1 Overall situation
Thailand also places emphasis on the prevention and suppression of human trafficking in labour, especially in the fishery industries. The Prime Minister announced “Combating human trafficking as a national agenda” and assigned relevant departments to focus on human trafficking suppression and seriously prosecute government officials involved. After the announcement of National Agenda, the government has set a clear policy for “Eliminating all forms of human trafficking”, considering it a violation of human dignity and against human rights principles. The budget has been increased to support the operation in all areas. Laws are being drafted to be more stringent including increasing the efficiency of lawsuits, rehabilitation and remedy for victims and witness protection, as well as improving better preventive measures to reduce the risk of becoming victims of human trafficking, and including improving various operations in accordance with international standards with concrete works such as taking disciplinary actions on government officials who were involved in human trafficking in both civil and criminal cases.
3.1.3 Action Plan (2019–2022)
Pillar 1: State duties in protecting (Protect)
|Responsible agencies||Time-frame (2019–2022)||Indicators (wide frame)||Compliance with National Strategy/ SDGs/UNGPs|
|11.||Human trafficking and forced labour||Consider bringing measures or labour laws which are applied to the fishery sector to be used in the supervision of labour conditions in other industrial sectors such as agriculture and construction in which many migrant workers are hired||– Royal Thai Police
– Ministry of Agriculture
– Ministry of Labour
Ministry of Industry
|2019–2022||Number of at-risk establishments that have been examined||– National Strategy for Human Capital Development and Strengthening
– SDG 8
– UNGPs Articles 1, 3, 4, 5 and 7
CHAPTER THREE: SITUATIONAL ANALYSIS
3.3 Labour Rights
Uganda Human Rights Commission highlighted an emerging human rights concern of trafficking of persons abroad for work. It was noted that most of the victims were women and youth. The commission also highlights that there is no clear reporting and response mechanism for those caught up in violations abroad. It was further noted that despite registration and licensing of companies to regulate this business, many fraudulent companies were not fully complying with the established guidelines thus exposing Ugandans to violations of their rights. During stakeholder consultations the issues raised include; negative impacts of externalization of labour where youth especially girls were taken to work abroad without contracts. Subsequently such victims experience abuses of rights, physical and psychological violence and lack of protection while abroad.
The UK 2013 NAP makes no direct reference to slavery or forced labour.
The UK 2016 Updated NAP recognises in the Introduction that the Global Goals for Sustainable Development contains commitments to “take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking (SDG 8.7)“ The Introduction further notes that:
“The G7 Leaders’ Declaration (7-8 June 2015) contained the following commitments:
- “To enhance supply chain transparency and accountability, we encourage enterprises active or headquartered in our countries to implement due diligence procedures regarding their supply chains …”
The UK fully supports these commitments which the Government is addressing through our work to implement the UNGPs and through the Modern Slavery Act and Modern Slavery Strategy.”
In the action-oriented section Actions Taken, the NAP states [page 8]:
“To give effect to the UN Guiding Principles, the Government has: Introduced the Modern Slavery Act which consolidates and simplifies existing legislation, toughened penalties to allow a maximum sentence of life imprisonment, and provides safeguards for victims. Companies covered by the Act are required to produce a “slavery and human trafficking” statement for each financial year setting out what steps they have taken to ensure that slavery and human trafficking is not taking place in its business and supply chains. The Act, which entered into force on 31 July 2015, also created an Independent Anti- Slavery Commissioner. …”
The UK 2016 Updated NAP provides a Case Study [page 11]:
“MODERN SLAVERY ACT
It is estimated that there are between 10,000-13,000 potential victims of modern slavery in the UK alone. Globally, the ILO estimates the total illegal profit made from the use of forced labour amounts to more than $150 billion a year. The UK Government is committed to tackling this heinous crime and as a response the Modern Slavery Act came into force on 31July 2015. It makes the penalties for those who perpetrate Modern Slavery simpler and tougher and provides help for victims, including through a statutory defence for victims of modern slavery who are forced to commit some offences as a direct consequence of their slavery. It also created an Independent Anti-Slavery Commissioner whose work is expected to lead to an increase in investigations and convictions. His work will also look at the countries of origin for victims of slavery and recommend measures to address the problem at source. The Act is supported by a Modern Slavery Strategy, published in November 2014 and guidance for companies on eliminating slavery through increased transparency in supply chains, published in October 2015.”
The Updated NAP also refers to forced labour in the section Actions Taken to Support Business Implementation of the UNGPs [page 15]: “To help businesses to fulfil their responsibility to respect human rights the Government has (…) provided guidance to companies on transparency in supply chains and implementing the reporting requirement in the Modern Slavery Act 2015. https://www.gov.uk/government/publications/transparency-in- supply-chains-a-practical-guide”
The UK 2016 Updated NAP further notes that:
“The UK has a range of judicial mechanisms that help to support access to remedy for human rights abuses by business enterprises both at home and overseas. This includes: …
Specific criminal law provisions, including under the Bribery Act 2010, Modern Slavery Act 2015, Serous Crime Act 2007, Corporate Manslaughter and Corporate Homicide Act 2007 and Gangmasters (Licensing) Act 2004”
Outcome 1.2: Utilize U.S. Law, Multilateral Agreements, and Diplomacy to Promote and Enforce High Standard
New Actions [page 9]
“Enhanced Enforcement of U.S. Laws Relating to Forced Labor or Convict Labor: As a result of the February 2016 enactment by the President of the Trade Facilitation and Trade Enforcement Act of 2015, the U.S. government has removed an exception (the “consumptive demand” clause) in 19 U.S.C. § 1307 that allowed for the importation of certain forced labor-produced goods if they were not produced “in such quantities in the United States as to meet the consumptive demands of the United States.” This exception existed since 1930, and its removal facilitates the Department of Homeland Security’s (DHS) ability and ongoing commitment to prevent and investigate the importation of goods manufactured with forced labor.” – Implementing Department or Agency: DHS
Outcome 1.3: Leverage U.S. Government Purchasing Power to Promote High Standards
New Actions [page 10]
“Research and Tools on Preventing Trafficking in Global Supply Chains: The State Department funded research on “Strengthening Protections Against Trafficking in Persons in Federal and Corporate Supply Chains” to develop a set of online tools and resources to help federal contractors and corporations analyze, prevent, and address human trafficking risks in their global supply chains. In 2016, State and nongovernmental organizations launched ResponsibleSourcingTool.org. This online platform focuses on the sectors and commodities at greatest risk for trafficking and provides guidance on developing effective management systems. State anticipates funding the development of additional sector-specific tools and the maintenance of the site over the next five years. In addition, DOL is funding research on forced labor in specific industries’ global supply chains and an ILO-led Global Business Network on Forced Labor.” – Implementing Department or Agency: State, DOL
Ongoing Commitments and Initiatives [page 11]
““Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor,” (E.O. 13126), signed on June 12, 1999 and in effect since 2001, is intended to ensure that U.S. federal agencies do not procure goods made by forced or indentured child labor. The U.S. government will seek to review the status and effectiveness of implementation of these requirements and take steps to improve implementation, as feasible and appropriate.” – Implementing Department or Agency: State, DOL
Outcome 2.1: Enhance the Value of Multi-Stakeholder Initiatives on RBC
Ongoing Commitment [page 15-16]
“DOL Technical Cooperation: DOL funds a range of projects involving collaboration with private sector actors on RBC issues, including:
- A $12 million project, From Protocol to Practice: Building a Bridge to Global Action on Forced Labor, supports global and national efforts pursuant to the 2014 ILO Protocol and Recommendation on Forced Labor. Among other things, this project will organize a global supply-chain forum focused on the role of business in addressing forced labor.
- A $6 million DOL project in Brazil and Peru, launched in March 2014, partners with national governments, businesses, and civil society organizations to combat forced labor and promote the exchange of good practices between the two countries. In Brazil, the project partners with the state of Mato Grosso’s Integrated Action Program to provide livelihood opportunities to households vulnerable to forced labor. In Peru, the project has conducted research on forced labor in gold mining and logging and trained more than 1,000 government officials on the issue of forced labor.” – Implementing Department or Agency: DOL
“Sustainable Development Goals: The 2030 Agenda for the Sustainable Development and its 17 Sustainable Development Goals (SDGs or Global Goals) establish an ambitious framework to make progress on many of the fundamental social, economic, and environmental challenges facing the world over the next 15 years. The U.S. government encourages uptake and implementation of the SDGs and intends to facilitate dialogue among key actors to discuss best practices, public-private partnership opportunities, lessons learned, and action necessary to ensure the SDGs’ success. As part of this initiative, DOL has been actively engaged in the ILO-led Alliance 8.7, a coalition of business and other stakeholders committed to increasing action to achieve SDG Target 8.7 on the elimination of the worst forms of child labor, forced labor, and human trafficking” – Implementing Department or Agency: State, Treasury, USAID, DOL
Outcome 3.1: U.S. Government Reports
Ongoing Commitments and Initiatives [page 18]
“DOL Child Labor and Forced Labor Reports: DOL publishes and updates three reports on international child labor and forced labor (the Findings on the Worst Forms of Child Labor, the List of Goods Produced by Child Labor or Forced Labor, and the List of Products Produced by Forced or Indentured Child Labor) that serve as valuable resources for government action, civil society advocacy, and private sector due diligence on these issues. Since 2015, DOL releases these three reports through a new mobile application, Sweat & Toil: Child Labor, Forced Labor, and Human Trafficking Around the World, which streamlines this wealth of information and makes it available on mobile devices. DOL regularly engages with companies and industry groups on how they can use these tools to strengthen their social compliance programs.” – Implementing Department or Agency: DOL
“Reducing Child Labor and Forced Labor: A Toolkit for Responsible Businesses: This DOL online resource, launched in December 2012, will continue to provide step-by-step guidance to businesses that seek to develop and improve social compliance systems to address child labor and forced labor in supply chains. The Toolkit is available to the public in English, Spanish, French, and Portuguese and will be regularly updated based on feedback from users.” – Implementing Department or Agency: DOL
Outcome 3.3: Capacity Building and Technical Support to Promote Enabling Environments
Ongoing Commitments and Initiatives [page 20-21]
“Eliminating Child and Forced Labor in Agricultural Supply Chains: In 2011, USDA, DOL, and State released the Guidelines for Eliminating Child and Forced Labor in Agricultural Supply Chains, developed as part of a multi-stakeholder process that included high-level officials of these agencies, representatives of business, civil society, and academics. The Guidelines’ specific elements should be integrated into any agricultural company program to reduce child or forced labor, and include adhering to ILO standards on child labor and forced labor; mapping supply chains and conducting risk assessments; providing communication and monitoring mechanisms; and developing plans and programs for remediating violations. DOL is now funding a four-year pilot project in Turkey to test implementation of the above Guidelines by a leading company.” – Implementing Department or Agency: USDA, DOL, State