A/HRC/38/45
larger group of social services professionals, including medical staff, social workers, or
other civil society actors, as well as local communities, who enter into contact with
migrants in different contexts and are in a position to establish a safe space and relationship
of trust over time with potential victims of trafficking. 42
44.
Generally, the need for training is a major concern in the identification of victims of
trafficking in countries of destination, even when there are mechanisms or procedures that
include all relevant stakeholders. A lack of appropriate training is also a consequence of
insufficient resources allocated to such services, which is in turn a consequence of political
will, which is focused instead on countering migration.43 Other groups identified in need of
training include law enforcement, border police, asylum caseworkers, immigration services,
refugee counselling centres, specialized migration centres, youth welfare offices, labour
inspectors, immigration services, health support organizations, reception centres, migrant
detention centres, legal services, municipal officers, labour authorities, migrant
organizations, airport personnel, other transport providers and traditional, religious and
community leaders in countries of origin.44
45.
As regards the judiciary, organizations that provide assistance have also raised
concerns about the subtle categorization of certain indicators in labour abuse or exploitative
conditions of work as cases of trafficking in persons for labour exploitation. A good
practice involves the collaboration between assistance organizations and prosecution
offices, through exchanges including public hearings, which can raise the level of
awareness of the judiciary. As a result, prosecutorial and judicial authorities are more
attentive to relevant indicators in the subsequent cases, which can increase the number of
cases reviewed with successful outcomes for victims. 45
46.
Feedback from destination regions shows a need to strengthen the ability of
multidisciplinary teams to identify vulnerabilities and assistance needs. For example, in the
identification of cases of labour exploitation, this approach implies the reinforcement of
labour inspectorates and the inclusion of a trafficking dimension within service providers
working on migrant worker protection.
47.
To increase the identification of trafficking for labour exploitation, the enforcement
of labour standards should be a key element in anti-trafficking policy, in addition to the
evaluation of the indicators used to identify practices such as charging recruitment fees to
migrant workers, the absence of contracts or the retention of passports and other personal
documents, and ensure such practices are included as indicators in identification
procedures. Often, trafficking for labour exploitation is linked to small labour abuses, and
labour inspectors are better placed to provide early warnings on labour abuses that can
mask grave violations, such as forced labour or trafficking in persons. Inspections should be
strengthened and proactive, as the hidden nature of labour exploitation often goes
underreported owing to a number of barriers faced by migrant workers, including fear of
retaliation, linguistic barriers, lack of information about their rights, insecure status, etc.46
Proactive labour inspection must not be limited to working sites but also include
recruitment agents. A good example is the licensing scheme operated in the United
Kingdom of Great Britain and Northern Ireland by the Gangmasters and Labour Abuse
Authority, which regulates labour providers in the agriculture, horticulture and shellfish
gathering sectors. That organization’s licensing standards reflect key forced labour
indicators and are monitored and enforced through proactive inspections. Its mandate has
been expanded by the Immigration Act 2016 to cover the investigation of labour
exploitation offences.47
42
43
44
45
46
47
12
Submissions of La Strada International and FLEX.
Submission of La Strada International.
Ibid. See also ECOWAS Commission, “Annual Synthesis Report on Trafficking in Persons in West
Africa 2016” (2017).
Submission of Ruelle.
Submission of FLEX. See also
www.icmpd.org/fileadmin/user_upload/WP11_PolicyBrief_LabourInspection_FINAL.pdf.
Submission of FLEX.
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