The trafficking of agriculture workers, including children, is widespread globally, and “practices of exceptionalism” limit workers’ rights to freedom of association, organizing and collective bargaining, according to a new report on trafficking in persons in agriculture from United Nations Special Rapporteur Siobhán Mullally.
“Characterized by high levels of informality, lack of oversight and protection, trafficking in persons remains a serious concern within the agricultural sector, affecting both adults and children,” she writes.
The report notes that while the COVID-19 pandemic saw agricultural workers designated as “essential,” worker protections did not follow. Indeed, temporary, seasonal and migrant workers are provided limited legal coverage, and restrictive migration policies persist despite the demand for agricultural workers.
Findings include:
Discrimination on the grounds of race, ethnicity, migration status, gender and disability creates conditions within which trafficking occurs with impunity.
Land inequality, particularly affecting women and girls, drives exploitation, including trafficking for forced labor.
The agriculture sector employs an estimated 28 percent of the total global labor force and an estimated 60 percent of the labor force in low-income countries. Because it is characterized by high levels of informal and seasonal employment, the risks of exploitation are also high.
Discrimination based on migration status leaves workers vulnerable to trafficking.
Gender inequality in land ownership and tenure contributes to poverty, dependency and risks of violence, including trafficking of women and girls. Women are estimated to make up 20 percent of the world’s landholders but account for 43 percent of agricultural workers.
Indigenous women and girls may experience increased risks of trafficking due to the intersection of discrimination and violence, based on gender, race, ethnicity, indigenous origin and poverty.
People with disabilities may be particularly at risk of trafficking in agricultural work, where there is limited oversight and monitoring of worker rights.
Agriculture is the entry point for child labor, accounting for 76.6 percent in child laborers ages 5-11 and 75.8 percent in children ages 12-14. Children who travel with parents migrating for work often miss out on their education, as well.
The Special Rapporteur also highlighted that recruitment practices for the sector–particularly of seasonal, temporary and migrant workers–increase risks of trafficking for forced labor. Recruitment processes and substantial recruitment and other fees often lead to debt bondage.
Meanwhile, “intensive agriculture and agribusinesses contribute negatively to climate change, reflecting the wider nexus between trafficking in persons, environmental degradation, loss of biodiversity and the climate crisis,” she writes.
The protection of all workers and their families “is essential to prevent trafficking,” she says, urging governments to, among other urgent actions: “Strengthen the capacity of trade unions, civil society organizations and human rights defenders to support agricultural workers, including through effective protection of rights to freedom of association and peaceful assembly and to collective organizing and collective bargaining, without discrimination.”
The Special Rapporteur’s report was bolstered by a submission from the Solidarity Center related to the conditions for migrant workers in Jordan’s agriculture sector. The submission noted:
Migrant workers work very long hours in hazardous conditions that lack occupational, safety and health (OSH) standards, medical care and overtime compensation. Forced overtime is an indicator of forced labor under ILO standards. The agricultural sector in general is an informal economy sector, and the work is usually temporary or seasonal. Agricultural areas are isolated and far from service centers; therefore, agricultural workers who suffer from labor and human rights violations do not have access to justice. Forced labor and wage theft are common violations, although usually not reported because of limited access to justice, absence of labor inspection and fears of retaliation and other threats workers face, especially undocumented or irregular workers. Because these workers were not recognized as workers under Jordanian labor law until May 2021, they lacked access to labor courts and were forced to file complaints through civil courts, which do not exempt court fees, making this an inaccessible complaint process for agricultural workers.
The kafala system requires migrant workers to be fully reliant on their employers for legal status. In the case that an employer does not renew a work permit, the worker is punished with deportation and a ban from returning to Jordan for three years. Workers are often deported without receiving their owed wages and other compensation–a form of wage theft, which is also an ILO indicator of forced labor. In cases where agricultural workers leave a workplace to escape harassment, rights violations and forced labor without reporting such violations, they are subject to an overstay fine, which is 1.5 Jordanian dinars per day (approximately $2) and they are subject to detention and false or retaliatory theft accusations by their employers, essentially becoming undocumented workers. Migrant workers rarely if ever report violations, fearing employer harassment or retaliation. Undocumented workers are victims of exploitation by brokers and fixers who charge excessive fees for work permits. A Syrian woman worker said, “Syrian agricultural workers’ wages are the lowest not because they accept to work for low wages but because the shaweesh (the middleman) takes a percentage of their wages.”
The Special Rapporteur’s report cited these examples and supported the Solidarity Center’s conclusion in its submission: “Trade unions are important to combat forced labor and other forms of labor trafficking and exploitation, and to raise workers’ awareness about their rights and the available services and access to justice channels.
“The explicit exclusion of both migrant workers and workers in the agricultural sector is a violation of these workers’ fundamental right to freedom of association under the Constitution of Jordan and international human and labor rights as enshrined in the ICCPR, ICESCR and ILO Conventions 87 and 98. The right to freedom of association is fundamental in a workers’ ability to advocate for her/his own rights, protect themselves from forced labor, and ensure protections from GBVH, and other occupational hazards.”
A powerful new report shows that collective bargaining changes work and workers’ lives for the better. According to the report, workers in Honduras with collective bargaining agreements are less likely to feel compelled to migrate or to face verbal abuse, and they earn more than workers without collective bargaining agreements. The Solidarity Center-supported report, “Bargaining for Decent Work and Beyond: Transforming Work and Lives Through Collective Bargaining Agreements in the Honduran Maquila Sector,” was published by the Center for Global Workers’ Rights.
“Collective bargaining ultimately is about transforming lives,” said Solidarity Center Executive Director Shawna Bader-Blau, who moderated a panel discussion launching the report. “Not only do better wages and working conditions result from collective bargaining, but workers report dignity and respect on the job for the first time through collective bargaining and unions.”
Report author Mark Anner, director of Pennsylvania State University Center for Global Workers’ Rights, highlighted some key findings of the report. He said:
Workers covered by a collective bargaining agreement are 25.3 percent less likely to feel compelled to migrate than workers without a collective bargaining agreement.
Honduran garment workers with a collective bargaining agreement are 67 percent more likely to always have the choice to work overtime or not.
Workers not covered by a collective bargaining agreement are 20.3 percent more likely to face verbal abuse.
Female workers without a collective bargaining agreement are 10.7 percent more likely to face sexual harassment on the job.
Workers with collective bargaining agreements earn 7 percent more than workers without collective bargaining agreements.
“Workers experience tangible and intangible benefits from having collective bargaining agreements,” Anner said. He quoted some workers as saying, “We are listened to now” and “Management shows us respect as workers.”
The report documents the expansion of collective bargaining agreements in the maquila sector, following a 2009 binding agreement between workers and a garment manufacturer. As of last year, 50,625 workers, mostly in the garment industry, were covered by 21 collective bargaining agreements in the Honduran export assembly sector.
Bader-Blau emphasized that the report shows the importance of worker-driven research, as suggested by the Solidary Center. “Unions lead and show outcomes to the rest of the world through the power of their own stories,” she said.
Union leaders like Eva Argueta, a leader in organizing tens of thousands of garment workers in Honduras, led the process of connecting with workers to help them share their work experiences.
Speaking on the panel, Argueta, representative for the General Workers Central (CGT, Honduras) and Maquila Organizing Project coordinator, described the process. “The person responding is much more likely to trust someone that they know who is doing the survey,” she said. “It can be a delicate thing because of the fear the boss might find out.”
Worker-leaders interviewed a total of 387 workers with and without collective bargaining agreements.
Other panelists included Joel López, general secretary of the Independent Federation of Workers of Honduras (FITH), Tara Mathur, field director for the Americas at the Worker Rights Consortium (WRC), and María Elena Sabillón, Solidarity Center senior coordinator in Honduras.
As Sabillón shared in her remarks, “Collective bargaining agreements allow for real progress in both labor and human rights. CBAs today go beyond economic clauses. Unions are winning clauses on gender equality, combating gender-based violence and harassment in the world of work and respecting the dignity of each person. These CBAs are validating a broader rights-based approach.”
Labor leaders, policymakers and stakeholders from around the world discussed efforts to prevent gender-based violence and harassment at the workplace at a panel discussion, “Ending Violence and Harassment in the World of Work” on Thursday, April 7. The panel was part of the Organization for Economic Cooperation and Development’s Global Deal conference, “A Better Future for Essential Workers.”
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Sabina Dewan, president and executive director of the JustJobs Network moderated the panel. Speakers included: Philippe Symons, Sodexo chief ethics officer; Claudio Moroni, Argentina Minister of labor, employment and social security; Sandra Hassan, Canada deputy minister of labor; Shawna Bader-Blau, Solidarity Center executive director; Frances Onokpe, Federation of Informal Workers Organization of Nigeria program officer; and Joaquin Pérez Rey, Spain’s vice minister for employment and social security.
Moroni began the discussion by describing Argentina’s efforts to address workplace violence and harassment. “Argentina has a long history of confronting violence and harassment in the workplace,” Moroni said. “The labor ministry believes there’s no such thing as an effective standard unless it includes behavioral results.”
To that end, Moroni said the ministry is working with female union leaders to include language in collective bargaining agreements to counter violence and develop a law to regulate the implementation of International Labor Organization Convention 190 (C190) in Argentina. Moroni closed his remarks by re-emphasizing the importance of concrete results. “Laws are not effective unless they are translated into concrete action. We are working to make sure these efforts are translated into specific conduct.”
Hassan said that Canada is in the process of C190, “One of our priorities is to continue making sure workplaces are safe and inclusive for everyone,” she said. “The ratification of C190 is a top priority of the government of Canada.” A year ago, Canada brought forth groundbreaking legislation to prevent violence and harassment in federal workplaces. “We also developed a fund that supports partner organization projects that develop sector-specific tools and practices to prevent violence and harassment in the workplace,” Hassan said.
Bader-Blau described the Solidarity Center’s partnership with Lesotho-based trade unions and women’s rights groups, global fashion brands and international rights organizations to secure a safe and dignified workplace for women employed in the country’s predominantly female garment sector. The partnership resulted in a precedent-setting program to comprehensively address rampant gender-based violence and harassment in garment factories. The program was established by two negotiated and enforceable agreements to mandate education and awareness trainings for all employees and managers, an independent reporting and monitoring system, and remedies for abusive behavior.
“These agreements were signed among apparel brands to combat violence and harassment in Lesotho’s garment sector,” Bader-Blau said. “The agreements link businesses to a commitment to eliminate gender-based violence and harassment.
“The program is also focused on culture change,” Bader-Blau said. “Thousands of workers have participated in two-day training sessions about gender-based violence and harassment.” As part of the program, Workers Rights Watch “trains intake counselors who listen with empathy and are empowered to take action.” As a result, “workers are starting to believe that employers are committed to ending gender-based violence and harassment. “The lesson we learned is that worker-led solutions matter.”
Bader-Blau also described what’s needed to replicate the success in Lesotho. “We need to move from good global framework agreements to negotiated solutions that hold suppliers and buyers accountable, not voluntary codes of conduct. We need to hear from global brands if that’s what they want to do. We need to invest in systems that recognize that abuse is common, and we need to invest in systems that establish third-party interventions.”
The Global Deal is a multi-stakeholder initiative for social dialogue and inclusive growth–a partnership of governments, businesses and employers’ organizations, trade unions, civil society and other organizations. The aim of the Global Deal partnership is to benefit from and contribute to, a platform that highlights the value of social dialogue and strengthens existing cooperation structures.
Unions in Sri Lanka are urging the government to follow through with its promise to ratify a global treaty to end gender-based violence and harassment in the world of work by March 2022.
The Sri Lanka Trade Union Movement for the Ratification of ILO C190 in Sri Lanka, comprised of 17 trade union leaders from the public and private sectors, held a press conference in recent days to call out the government for deliberately delaying the ratification process.
International Labor Organization Convention 190 (C190) is the first international treaty that addresses violence and harassment at work. The ILO adopted it in 2019 during its annual meeting in Geneva.
“There is no point in raising your hand in Geneva, only to lower your hand in Sri Lanka,” Saman Rathnapriya, chairman of the Government Nursing Officers Association said at the press conference.
“Create a proper working environment in the country. A conducive working environment does not exist in this country.”
Union leaders noted that Sri Lanka’s Labor Minister Nimal Siripala De Silva had promised ratification by March 2022 during a March 2021 Women’s Day event organized by the National Union of Seafarers Sri Lanka (NUSS), and in numerous other public venues.
Informal workers are routinely excluded from economic and political decision-making, and their work is systematically devalued and made invisible. The COVID-19 pandemic has only intensified these dynamics and has resulted in skyrocketing rates of domestic violence, bringing a renewed urgency to address poverty, exclusion and precarious work.
Labor leaders, organizers and advocates from around the world gathered on December 2 for a virtual panel discussion of the impact of gender-based violence and harassment (GVBH) on workers in the informal economy. The discussion was sponsored by the Global 16 Days Campaign (coordinated by Center for Women’s Global Leadership), Global Alliance of Wastepickers, HomeNet International, International Domestic Workers Federation (IDWF), International Trade Union Confederation (ITUC), International Transport Workers’ Federation (ITF), Solidarity Center, StreetNet International and Women in Informal Employment: Globalizing and Organizing (WIEGO).
Robin Runge, Solidarity Center Equality and Inclusion Department co-director, moderated the panel, which included: Chidi King, branch chief, Gender, Equality, Diversity and Inclusion, International Labor Organization (ILO); Carmen Britez, vice president, International Domestic Workers Federation (IDWF); Janhavi Dave, international coordinator, HomeNet International; Sonia George, general secretary, Self Employed Women’s Association (SEWA) and a SEWA homeworker; and Saraswati Rijal, central committee member, Independent Transport Workers Association of Nepal (ITWAN).
Chidi King, branch chief, Gender, Equality, Diversity and Inclusion, International Labor Organization (ILO)
Chidi King framed the discussion, citing the themes and issues to be addressed. “As we all know, violence and harassment in the world of work is a manifestation of the societal issue that has deep roots in the continued tolerance of violence and harassment,” King said, “particularly towards women and population groups that too often find themselves on the margins of society.”
Women workers, who make up the majority of informal economy workers in many countries, are disproportionately affected. “Violence and harassment have deep roots in social norms and stereotypes,” King said, “especially around the roles assigned to men and women.
“And as a connection to inequality and discrimination suggests,” King added, “violence and harassment is also deeply rooted in unequal power relations, and the abuse thereof, in our societies, as in the world of work.” Thus workers play an important role in addressing and remedying violence and harassment, including addressing the impacts of domestic violence in the world of work.
ILO Convention 190 (C190) protects all workers and recognizes that for many the workplace is not an office or factory setting, but can be a public space or private. C190 protects informal economy workers, who work in their own homes or the homes of others, and recognizes the impact of domestic violence in their workplaces.
However, many countries’ laws do not recognize homes as workplaces, leaving many workers in the informal economy lacking protection against violence and harassment and without access to social safety nets. During the COVID-19 pandemic, informal workers have experienced high rates of domestic violence and difficulty accessing social support services that have been put on hold.
Saraswati Rijal spoke about working with women tuk-tuk drivers in Nepal to build support for women workers during the pandemic and supporting victims of domestic violence. COVID-19 has only made conditions worse, as women workers are forced to choose between their and their families’ health or earning an income and risking being subjected to unnecessary hazards.
Workers in the informal sector “do not have any economic security,” Rijal said. “And moreover, due to COVID-19, they are deprived of their daily wages, and they are also unable to earn their living and sustain their livelihood.”
Carmen Britez spoke of IDWF’s work with the Ministry of Labor in Argentina to develop exclusive protection for domestic workers around domestic violence. Domestic workers suffer not just from not having registered employment, but from also having no protection against violence. Britez said that lockdowns during the COVID-19 pandemic have forced many domestic workers to be shut in with their abusers.
Argentina ratified C190 in November 2020. Britez emphasized C190’s role as a tool to push for national legislation: “We were pushing for this convention so that it could become another tool in changing national law. If we have laws that protect us around violence, we want something that would not only include specific sectors but all sectors at a national level. Because that’s really important for us as women workers.”
“It’s also important to say this is not just an issue facing women. “We do account for the majority of those who are suffering from this kind of violence,” Britez added. “But it also is important for us to let our [union] leadership, who are often men, to let them know that it’s also their responsibility to push for a national law on this topic.”
To underscore the urgency of the issue, Britez shared that during her remarks her center received news of a woman whose employer broke her wrist.
Janhavi Dave spoke of the scale of the problem of domestic violence and its impact on women workers. “According to one of the recent ILO studies, there are over 260 million home-based workers, which is around 8 percent of global employment. This was prior to the pandemic, and this number has only increased,” Dave said. “According to the same study, 56 percent of home-based workers are women. So we’re actually talking about a huge section of women workers.”
HomeNet South Asia, a regional organization, conducted a study on the impact of domestic violence on home-based workers in Nepal, and is conducting similar studies in Bangladesh, India and Pakistan. “One of the key findings was that home-based workers faced rampant domestic violence,” Dave said, “which has a direct impact not only on physical and emotional health but also on productivity.”
Sonia George, general secretary, Self Employed Women’s Association (SEWA)
SEWA’s Sonia George introduced a traditional bamboo worker, who shared her experience as the sole earner for her family, which included her husband and their two children. Her husband, she said, was supportive in the beginning of the marriage, but became physically violent after he was out of work. Sibimol was forced to leave her traditional job and go to work in a latex factory in order to earn a livelihood and escape domestic violence at home.
“This is the experience of most of the women in India,” George said after Sibimol shared her story. “We know that most of these women have experienced domestic violence. One of the statistics states that during the time of COVID, domestic violence has increased 2.5 times. That means women in India are suffering that much more violence.”
Lorraine Sibanda shared how COVID-19 also worsened conditions for women workers in Zimbabwe. “The pandemic exposed adverse challenges for women,” Sibanda said, “because they are performing unpaid care work, domestic care work, on top of providing for their families.” Measures to control the spread of COVID-19 compromised livelihoods and increased economic strain on families supported by the informal economy.
Lockdowns and restrictions also increased rates of domestic violence. “It meant that women and girls were locked down in their homes,” Sibanda said. “They were forced to spend time enclosed with families, and possibly many were trapped at home with their abusers.”
Married and partnered women also faced physical violence from husbands and male partners for refusing to hand over their earnings. “They would be abused physically because they refused to hand over money, which they’ve been working for, to their partners, so that their partners could either go for a drink or use that money,” Sibanda said. She also suggested that Zimbabwe had seen an increase in child marriage. ”There was this rampant trait of people marrying off children in order to gain economically.
“All in all, the pandemic amplified the vulnerability of women and girls,” Sibanda concluded.
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