Anders Lisborg

THE THIN RED LINE - victim identification & protection

Conference on How to Enhance Assistance to Victims of Human Trafficking in the Baltic Sea Region. Helsinki, 19.March.2014 Anders Lisborg

3 Challenges - 3 Recommendations Practical challenges identifying VoT’s

Assistance to VoT’s for labour exploitation

• 5 new cross-cutting practical indicators

• Understand and respond to victims needs (trafficking as stolen labour)

THB for labour exploitation New challenge, new • Enhance multi-stakeholder partnerships (private sector engagement) partnerships, new solutions

A. Workers in decent work conditions. General good standards inluding good living conditions and fair wages B. Workers who knows the type of work they are recruited for and the working conditions, but who experinece relatively hard conditions and low wages – within the limits of national labour and international standards C. Workers / victims, who knows the type of work they are recruited for, but do not have sufficient information or experience to foresee that they in relality end up in hard and unfair working conditions. D. Victims who have been decepted and tricked during the recruitment process and who end up in labour exploitation and are threathend in various ways (financial penanlties) in oder to force them to stay and endure exploitative conditions. Exploitation of vulnerability. E. Victims who have been forced and severely exploited including victims who have experienced kidnapping, confinement (locked-up) and physical violence. Clear-cut cases of THB and forced labour. Source: Lisborg, 2012, Trafficking for forced labour in Denmark?

THE THIN RED LINE

- Workers (nonvictims)

Get the picture right – who is who & how should they be treated? (Identification process) Victims of human trafficking

(a serious crime) - Illegal migrants (nonvictims) - Right –to protection & assistance Group people in a workplace - Exploiters & a potential trafficking situation traffickers (should be (mix of people / blurred picture) investigated) - Workers (non victims) - Could lead to detention, deportation- Illegal immigrants and criminal charges - Traffickers & criminals -Victims of trafficking

Categories and definitions Human Trafficking

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Social dumping

Irregular work

Forced labour

Labour exploitation

Wide set of THB indicators

The challenge:  When is it THB OR when is it ”just” another form of exploitation and critical working conditions?  Identifying VoT’s – not just a technical debate, but a practical challenge for front line agencies

 Grey areas and borderline cases – even ”experts” disagree

Complex realities  Often THB indicators present – but few clear cut cases…  Migrants who accept exploitative conditions because of fear of losing jobs (fired or blacklistet)  Trafficking for ”no labour” (paradoks) (Job scams)  Migrants who “choose” to work long hours with almost no days off  Migrants who “choose” to live in cheap relatively unacceptable conditions in order to save money  Migrants who claim to be victims (but are in fact not) to try to get compensation

Cases in Denmark  Since…35 persons identified as VoT’s for forced labour  Case conference, CMM staff (useful training)

 Pilot new cross cutting indicators – to help social and case ´managers in ”drawing the line” making consistent decisions.

Recommendation / consider: 5 cross-cutting practical case assesment indicators: A. Level of exploitation (ranking 1-5) B. The Time factor (duration of exploitation) C. Intention - The connecting thread…(linkages between recruitment and exploitation) D. Coercion / compulsion (ranking 1-5) E. Vulnerability and multiple dependecy (rank 1-5)

The Bulls eye challenge Trafficking (THB) Forced Labour Labour exploitation

When it is not THB…  Still critical cases and conditions that should be adressed:  Labour exploitation  False recruitment (job scams)  Slumlords (letting out apartments to vulnerable migrants)  Illegal / undeclared work. Bankruptcy speculation  Organised crime

Recom: Response flowcharts for non-THB cases…

Challanges to provide protection to Victims THB for Labour exploitation  More male victims  Less focus on trauma – more on compensation  Shelters often more for women and children  New service providers – partnerships needed

Understand victims needs and prefernces - Listen and learn – VoT’s priority list ”Going back – moving on” - THB as stolen labour – return what was taken - Compensation - Job placement (from bad to decent work) - Learn from Trade Unions

New challenges, new partnerships, new solutions  Multi Stakeholder Partnerships (MSP)  Private sector, trade unions, trade associations, retailers / supermarkets, consumers (organisations),, labour inspection, tax authorities, police, municipalities, Immigration authorities; Social workers; Health services; Migrant organisations and communities  New approaches:  Privat sector engagement, - Business and human rights (THB)  Supply chain management and monitoring, Code of Conducts, Coporate Social Responsibility (CSR) etc.  Transparency in Supply Chains Act of 2010, California, USA  EU strategy (2012-2016)

TAK 19.03.14 Helsinki, Finland Anders Lisborg www.centermodmenneskehandel.dk