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Resolution 1922 (2013) Final version
Trafficking of migrant workers for forced labour
1. The Parliamentary Assembly is concerned
about the massive scale of human trafficking. According to the International
Labour Organization (ILO), at least 20.9 million people throughout
the world – three in every thousand – are trapped in forced labour
and 44% of these people (9.1 million) are victims of trafficking.
Human trafficking can be seen as the fastest growing form of organised
crime and one of the largest sources of transnational crime profit.
Virtually all countries are believed to be affected, as countries
of origin, transit and/or destination.
2. It is important to not only focus on human trafficking for
sexual exploitation, but also to look at the much broader dimension
of the problem which is trafficking for forced labour. This includes
the “sex industry”, the agricultural sector, the construction industry,
the textile industry, the hotel and catering sector, the manufacturing
sector, domestic slavery and servitude (including in diplomatic
households), forced begging and pickpocketing, and organ trafficking.
3. Interpol estimates that only 5% to 10% of cases become known
to the authorities and an even smaller proportion of the victims
of human trafficking are identified. Irregular migrants, forcibly
displaced persons and other groups such as the Roma are particularly
vulnerable to trafficking, including for forced labour purposes. Women
and girls are the most numerous victims and 90% of victims are exploited
in the private sector.
4. This criminal activity remains a low-risk business which can
bring in high profits and attracts all levels of criminal networks
or individuals taking advantage of the loopholes in national migration
and labour-market policies. The Assembly is concerned that the perpetrators
and end-users are rarely identified and convicted. Few cases are
prosecuted as trafficking offences.
5. Cases of trafficking for forced labour, where migrants have
been trafficked, are generally dealt with by the authorities primarily
as smuggling issues and as violations of national immigration or
labour law. This is flawed approach, which puts victims in the position
of criminals, focuses on the wrong target and is an obstacle to
effectively fighting traffickers and trafficking.
6. The Assembly recognises that it is essential to tackle the
root causes of trafficking for forced labour, including the reduction
of poverty and creation of employment opportunities in the countries
of origin of trafficking victims. It also highlights the importance
of education, vocational training and empowerment of potential victims,
in particular women and girls. In addition, it is necessary to increase
awareness of the risks of trafficking for forced labour and facilitate
the effective reintegration of victims into society.
7. The Assembly is acutely aware of the importance of reinforcing
co-operation and information sharing, including on best practices,
between all those involved in anti-trafficking. These actors include
national authorities of the countries of origin, transit and destination,
judges, prosecutors, labour inspectors, police forces, border guards,
tax authorities, health services, representatives of civil society
including non-governmental organisations (NGOs), the third sector
and trade unions.
8. Consequently, the Assembly recommends that Council of Europe
member and observer States, as well as partners for democracy:
8.1. tackle the phenomenon of trafficking
of migrant workers for forced labour, while taking into account
the particular vulnerability of these persons, by:
8.1.1. putting in place a strong legal
framework to prosecute end-users and perpetrators, including private
households, and ensuring that all forms of forced labour are treated
as criminal offences;
8.1.2. appointing an independent national rapporteur on human
trafficking, in charge of the follow-up on this issue and of reporting
periodically to the government and parliament on the national situation;
8.1.3. encouraging regular and co-ordinated inspections by organisations
responsible for regulating employment, health and safety in sectors
most at risk, encouraging workers to self-organise, and also associating
employment agencies with action against human trafficking;
8.1.4. strengthening the role of labour inspectors and allocating
sufficient human and financial resources to allow them to effectively
regulate employment, including domestic work and the functioning
of informal businesses and workplaces, where forced labour practices
are most prevalent;
8.1.5. taking steps to discourage demand for the services of
trafficked persons for the purpose of forced labour, particularly
in domestic services and in the agriculture, fisheries, construction, hospitality,
care and cleaning sectors;
8.1.6. combating corruption of public officials involved in trafficking
offences;
8.1.7. introducing action plans on human trafficking and closely
involving parliaments in their preparation, implementation and monitoring
of the implementation;
8.1.8. ensuring that all relevant professionals, including judges
and prosecutors, labour inspectors, law-enforcement officials, border
guards, immigration officials, staff working in immigration detention
centres, local authorities staff, diplomatic and consular staff,
health professionals and social workers receive comprehensive and
multi-disciplinary training to identify victims of human trafficking
for forced labour purposes and to assist and protect these victims
in line with the Council of Europe Convention on Action against
Trafficking in Human Beings (CETS No. 197);
8.1.9. ratifying and implementing, if they have not already done
so, the Council of Europe Convention on Action against Trafficking
in Human Beings and the International Labour Organization Convention
concerning Decent Work for Domestic Workers;
8.1.10. providing the Council of Europe Group of Experts on Action
against Trafficking in Human Beings (GRETA) with sufficient financial
and human resources, and ensuring the independence of the experts
appointed;
8.2. review their immigration and return policies to bring
them into line with the recommendations of GRETA so as to ensure
that persons trafficked for forced labour are treated primarily
as victims in need of protection rather than violators of migration
control, by:
8.2.1. clearly identifying
legal migration channels and disseminating accurate information
on the conditions enabling legal entry and stay;
8.2.2. stepping up efforts to identify potential victims of trafficking,
including at the border and in detention centres, by giving access
to monitoring bodies and specialised organisations, including NGOs;
8.2.3. ensuring that potential victims of trafficking are not
punished for immigration-related offences during the identification
procedure;
8.2.4. facilitating the issuing of temporary and renewable residence
permits on humanitarian grounds, if possible in conjunction with
work permits, to migrants who are victims of trafficking;
8.2.5. guaranteeing the right of migrant domestic workers to
an immigration status independent of any employer;
8.2.6. effectively granting victims of human trafficking a recovery
and reflection period of at least thirty days to enable them to
recover and escape the influence of traffickers;
8.2.7. ensuring victims access to the courts and guaranteeing their effective access
to legal aid and interpretation services;
8.2.8. providing effective protection to victims co-operating
in criminal proceedings;
8.2.9. considering special measures for the return of victims
of trafficking as an integral part of anti-trafficking policy, by
guaranteeing rights, safety, dignity and protection from re-trafficking
in case of return or readmission and making use of assisted voluntary
return programmes.