Migrant Rights Centre Ireland, mrci, promoting empowerment and inclusion of migrant workers in ireland

Forced Labour and Trafficking

Forced labour is defined by the International Labour Organization (ILO) as a situation in which a person is deceived into entering work, and cannot leave it without punishment or the threat of punishment. Put simply, it is a very extreme form of exploitation. In some cases, but not all, forced labour can involve trafficking, which implies the movement of people across borders for the purpose of exploitation.

ILO Indicators of Forced Labour:

1. Threats or actual physical harm to the worker.
2. Restriction of movement and confinement to the workplace or to a limited area.
3. Debt bondage: where the worker works to pay off a debt or loan, and is not paid for his or her services. The employer may provide food and accommodation at such inflated prices that the worker cannot escape the debt.
4. Withholding of wages or excessive wage reductions, that violate previously made agreements.
5. Retention of passports and identity documents, so that the worker cannot leave, or prove his/her identity and status.
6. Threat of denunciation to the authorities, where the worker is in an irregular immigration status.

For more information go to the website of the ILO Special Action Programme to Combat Forced Labour

Information and Advocacy

MRCI regularly comes across people in situations of forced labour as well as people trafficked for forced labour. Often it is identified when people contact the centre reporting workplace exploitation. MRCI makes an initial assessment of a person's case using the international standard 'Delphi Indicators', and from this work makes referrals to the Garda National Immigration Bureau. We also provide ongoing support and advice to victims of trafficking for forced labour, including specialist referrals, on various areas including housing, health and employment issues. MRCI also supports victims to take employment claims to the relevant tribunals.
For practical information on workplace rights and forced labour go to the Information for migrant workers section

MRCI Concerns

In Ireland a key concern is the lack of at¬tention or action to tackle forced labour within Ireland. To date, State responses are only in respect of trafficking for forced labour and those who experience forced labour alone are not afforded any protections.

For victims of trafficking for forced labour identification has and continues to be problematic. The burden of proof being placed on the individual to prove their exploitation has become prohibitive. Without proper identification the person rights are not protected and they are often left in a limbo situation. Part of the difficulty is that the person is often seen as an irregular migrant and not as a victim of a crime. MRCI has come across individuals who have been charged with immigra¬tion-related offences, imprisoned and in some cases deported.

At a seminar in June 2010 organised by the Migrant Rights Centre Ireland and the Irish Congress of Trade Unions, Eilis Barry, B.L. presented a paper which concluded that, owing to the broad definition of trafficking in the Criminal Law (Human Trafficking ) Act 2008, forced labour can be prosecuted as an offence in its own right.

MRCI continues to work with relevant stakeholders, including the Gardaí, and Anti-Human Trafficking Unit, to progress this issue, and to ensure that the appropriate practical protections and supports are put in place for those subjected to forced labour in Ireland.

23 June 2011 - Joint seminar organised by MRCI & ICTU:
Addressing Forced Labour in Ireland: An Integrated Framework

Key stakeholders attended a seminar in Dublin to discuss strategies and actions that can address the growing problem of forced labour in Ireland, and in particular to look at the issue of introducing specific criminal penalties for forced labour as a stand-alone crime. For photos of the seminar visit MRCI's Facebook page

Speakers included:
Beate Andrees, International Labour Organisation, Senior Policy Officer, Special Action Programme to Combat Forced Labour
Gráinne O’ Toole, MRCI, Workplace Rights Project Leader
Waseem Yousaf, Member of the Forced Labour Action Group, MRCI
Esther Lynch, Legal and Social Affairs Officer, ICTU.

At the seminar, a joint paper by MRCI & ICTU was presented, which outlines a framework for tackling forced labour in Ireland. Recommendations of this paper include:

Creating an offence of forced labour within Irish Law
Mandating NERA to have a role in identifying, assessing and inspecting cases of forced labour
Protecting undocumented workers within the legislation
Introducing a specific protection scheme for victims
Mandating DETI to coordinate strategies & actions to tackle forced labour, & establishing a committee of stakeholders to implement the strategy

Download the MRCI / ICTU Framework for tackling forced labour in Ireland

International Work
To expand and share our knowledge at an EU and International level, MRCI collaborates with a number of international organisations concerned with forced labour and trafficking. We are involved in projects with Antislavery International, the Churches Commission for Migrants in Europe (CCME), the International Trade Union Confederation (ITUC), the Platform for International Cooperation of Undocumented Migrants (PICUM) and LaStrada International.