By Victoria A. Greenfield, Tobias Sytsma, Amanda Kerrigan, Maya Buen

Forced labor—work performed involuntarily and under menace of penalty—occurs globally, with reports of abuses in all countries. About 28 million people—one in every 300 people worldwide—work against their will, bound through physical violence, threats, debt bondage, and other exploitative means. The United States has long imposed prohibitions on imports of goods made with forced labor—notably, under the Tariff Act of 1930 and the Uyghur Forced Labor Prevention Act of 2021 (UFLPA). The UFLPA targets China's extensive use of forced labor as a state-sponsored, coercive policy tool in the Xinjiang Uyghur Autonomous Region (XUAR), by barring U.S. imports of goods made in the XUAR or sourced from entities connected to it. Still, such goods flow through global supply chains. In 2021, the United States accounted for over one-fifth of the world's imports of goods that were at risk of being made with forced labor.The U.S. Department of Homeland Security (DHS), which leads trade enforcement under these laws, requested an analysis of trade enforcement and its impact. Researchers set out to (1) assist DHS in developing analytical capabilities for assessing the impact of its efforts to combat forced labor through trade enforcement and (2) evaluate the impact that DHS's actions and investments have had on meeting the goals of eliminating U.S. imports of goods made with forced labor and eliminating the use of forced labor globally. This report outlines the

researchers' methods for evaluating DHS's impact and presents findings on efforts and recommendations for strengthening enforcement.

Key Findings

DHS's impact in trade enforcement depends on stakeholders.

Trade enforcement is making measurable progress, but stakeholders are encountering impediments that DHS cannot address entirely on its own. U.S. businesses—and consumers—remain exposed to goods made with forced labor through indirect supply chain linkages with limited visibility.

Trade enforcement still holds value even if it, alone, cannot change China's policy on forced labor in the XUAR. Economic sanctions face inherent obstacles, but trade enforcement can help limit U.S. imports of goods made with forced labor, prevent U.S. complicity in other countries' labor abuses, and send a strong policy signal.

Trade enforcement comes with costs that can undermine its aims. U.S. businesses can incur costs from tracing supply chains, switching suppliers, and mitigating commercial disruptions; the environment could experience related harms; and China could retaliate and obfuscate.

DHS can track trade enforcement progress and unintended consequences, but it might be unable to know whether it is meeting its ultimate aims. Capturing broad effects on U.S. businesses, workers, and consumers; the environment; and global working conditions might be harder than capturing those on immediate goals for enforcement efforts.

DHS needs enough of the right resources and information to do its job, but stakeholders have suggested that it does not have them. Concerns about staffing included hiring, skills, burnout, and retention.

DHS and its stakeholders would benefit from more and higher-quality information. Better visibility into global working conditions, supply chain composition, the content of goods, and enforcement processes could strengthen trade enforcement.

Recommendations

Look for opportunities to encourage robust stakeholder participation by improving the flow and quality of information through greater transparency and improvements in tools, technology, and methods of data analysis.

Consider a more comprehensive approach to combating forced labor in global supply chains by working with other U.S. agencies and other countries to better leverage potential complementarities of economic sanctions and other types of measures.

Consider options for mitigating unintended consequences in concert with other U.S. agencies and with input from nongovernmental stakeholders, either by reducing them or responding to them, depending on their severity and likely prevalence.

Work with other U.S. agencies to monitor indicators of progress and unintended consequences over time to better understand how conditions are evolving.

Develop evidence with stakeholders to inform public debates on trade enforcement, including those on concerns about de minimis entries and environmental initiatives.

Continue to make the case for funding and staffing, which are critical resources for trade enforcement and are likely to need to increase.

Santa Monica, CA: RAND, 2025. 196p.

By Rafael Muñoz Sevilla , Bladimir Chicaiza. et al.

The U.S. Department of Labor’s Bureau of International Labor Affairs (USDOL-ILAB) has contracted with the American Institutes for Research® (AIR®) to assess the current landscape of efforts to address child and forced labor in the cocoa supply chains in Ecuador, Brazil, and Indonesia. The main research questions focused on (a) the identification of efforts of governments, industry, and civil society organizations, including international organizations, nongovernmental organizations, and workers’ organizations, to address child and forced labor in the cocoa sectors; (b) identification of the challenges encountered in these efforts; (c) review of situations that could potentially increase child and forced labor in the cocoa supply chain; and (d) identification of indications that these child labor and forced labor situations exist in the cocoa sector in these countries. The research methodology employed a comprehensive approach involving desk research, stakeholder interviews, and mixed-methods data analysis. The research team conducted a thorough review of more than 70 documents and websites, encompassing a wide range of sources. The team conducted interviews with 46 stakeholders, representing a total of 35 institutions and companies across the three countries. The research team adopted a mixedmethods data analysis approach, combining both primary qualitative data from stakeholder interviews and secondary data from document review. The research team adopted two conceptual frameworks to guide each country case’s analysis and triangulation between secondary data from document review and information gathered from key informants. The use of conceptual frameworks allows for comparability across the case studies, while recognizing and capturing the unique contexts and challenges of child and/or forced labor in cocoa in each country landscape. This study uses the structure of the (1) Cocoa Production Stages Framework, 1 to review phases of cocoa production in the supply chain in each country for relevant child labor and forced labor risks, as well as the (2) Systems Framework of Key Dimensions to Reduce Child and/or Forced Labor, 2 to assess the current efforts by actors in that country to make progress on child labor and forced labor reduction in cocoa. Qualitative data from interviews and the desk research were systematically analyzed to respond to the research questions and identify patterns, themes, and variations within these frameworks.

Arlington, VA: American Institutes for Research | 2024. 162p.

By Mei Zegers

The United States Department of Labor’s Bureau of International Labor Affairs (USDOL-ILAB) has contracted with the American Institutes for Research® (AIR®) to research, identify, and develop indicators of progress and to assess efforts to address child labor and forced labor in the cocoa sectors of Côte d’Ivoire and Ghana. Based on a participative process, this report covers the analysis of stakeholders’ implementation of efforts, with emphasis on the period since 2019. The main research questions focused on (a) the identification of the initiatives and good practices of governments, industry, and workers’ and farmer-based organizations (FBOs) to address child labor and forced labor in the cocoa sectors in Côte d’Ivoire and Ghana; (b) identification of the challenges of and the extent to which and workers’ organizations and FBOs are actively and meaningfully involved in efforts to address child labor and forced labor in the cocoa sectors; and (c) a review of the efforts under and outside the Child Labor Cocoa Coordinating Group (CLCCG) to address child labor and forced labor in the cocoa sector. The main stakeholders asked to contribute to the research were the governments of Ghana and Côte d’Ivoire; private-sector cocoa representatives; international development agencies; and international and national civil societies, including workers’ organizations and FBOs. The specific individuals contacted were selected on the basis of their membership in the CLCCG or as identified in mapping exercises of key cocoa production stakeholders. This research was based on a systems approach to data gathering, analysis, and interpretation. The approach identifies interrelationships, dependencies, and feedback loops to analyze dynamics, identify patterns, and make informed planning decisions for maximum results. A thorough literature review of 613 documents and websites was conducted for the analysis covered in the report. Interviews were conducted with 79 individuals. One-day workshops were conducted in May 2023 in Côte d’Ivoire and Ghana to discuss the development of a repository of progress indicators. These workshops also provided some information that was useful for the report. Further useful information resulted from email correspondence with representatives of 14 types of stakeholders that particularly focused on issues regarding needed support to strengthen the capacities of workers’ organizations and FBOs to address child labor and forced labor. Data analysis was primarily conducted using the qualitative data analysis software Atlas.ti and with Mind Mapping software.

Most research limitations fell into three categories. First, although child labor and forced labor are both considered throughout our research, much more information is available on child labor. There has been increasing attention, as well as strategy development, to address forced labor in cocoa among key stakeholders. However, there have been very few in-depth initiatives aimed at addressing this issue in cocoa, aside from examples such as the Forced Labor Indicators Project (FLIP),1 and a collaboration between the Rainforest Alliance, International Cocoa Initiative and Solidaridad. 2 Given the lack of existing data on forced labor initiatives, it is difficult to cover forced labor in the same depth as child labor. Second, some studies have identified good practices to reduce child labor in cocoa production, but these do not cover the breadth of approaches and initiatives used. Ideally, good practices should be identified through independent studies instead of through self-assessment of implementers. Independent studies may include evaluations of projects, but these are limited in number on this specific subject matter. Third, throughout the report we refer to a broad range of types of strategies and initiatives; although there are some commonalities, there are also major differences that need to be taken into account because they limit comparability. Main Findings The research confirmed that there is no one way to approach child labor and forced labor reduction; rather, it is the combination of implemented strategies and practices that will lead to greater success in reducing child labor and forced labor. Since 2019, there have been positive changes in terms of strengthened collaboration, coverage, and (new) directions in the efforts to reduce child and forced labor in cocoa in Côte d’Ivoire and Ghana. However, there are still many aspects that need attention to reach higher levels of impact on the reduction of child labor and forced labor. Currently, the focus on eliminating child labor at a household level has rightly expanded to consider many contextual issues and child well-being overall. This means focus on encompassing the availability of social services—including education and social protection coverage— functioning of workers’ organizations and FBOs and their voices, and deforestation and other environmental issues. In addition, the need to ensure that child labor is reduced consistently in communities, and not just among children currently working in cocoa, has gained recognition. efficiency and safety in cocoa production contributes to increased incomes. Application of methods to reduce accidents and illnesses caused by occupationally unsafe production technologies helps to simultaneously reduce the loss of income from such events. While awareness of the dangers of child labor has increased in both Côte d’Ivoire and Ghana, forced labor remains a subject that is not sufficiently covered. Awareness raising on subjects such as how and where to report child labor and forced labor and available grievance mechanisms for community members is still too limited. There is still scope for better collection and consolidation of data at local and national levels on child labor and forced labor reduction initiatives and their impact on informing decision making. Data gathering and sharing of data to ensure that lessons learned,

implementation challenges identified, and good practices were used to inform future efforts was a challenge repeatedly identified throughout the research. Although the various multistakeholder platforms discuss some of the data, the concrete use of data for planning still needs greater attention, using methodologically appropriate means. The need to strengthen technical and logistics capacities at a local level to provide services to cocoa communities remains clear. The reduction of dependence on nonstate actors (international development agencies including foundations, NGOs) instead of on local government to provide services is necessary for long term sustainability. For this purpose, increased funding of local government services is key to enabling direct work with and sustainably of communities on child labor and forced labor reduction. Together with technical strengthening and support for logistics, including transport, impact of child labor and forced labor reduction initiatives will be exponentially increased, particularly if accompanied by improved infrastructure, such as schools, health provision structures, and improved roads. There are increased efforts to involve and strengthen workers’ organizations and FBOs, but their potential to contribute to addressing child labor and forced labor is not being fully realized. Although not all cocoa farmers are members of cooperatives and other farmer associations, many are. Efforts to encourage more farmers to organize and formalize them are underway, thus increasing the reach of workers’ organizations and FBOs. The necessity of increasing focus on including their voices and their local representatives to contribute to reduction of child labor and forced labor in cocoa is evident. This research found that there is still scope to improve the functioning of the CLCCG. Some aspects are similar to the need to join in streamlining the multistakeholder platforms. However, it is crucial to expand membership of the CLCCG to create greater diversity of inputs from key stakeholders. Further, as is relevant throughout all initiatives, the more concrete integration of specific forced labor reduction methods and initiatives can be scaled up The conclusions and recommendations presented in this research require a comprehensive and flexible approach to implementation. Continuous verification of the effects of the steps undertaken to reduce child labor and forced labor will be necessary on a regular basis and in an integrated manner. Recommendations are clustered around eight thematic types that this research identified as needing more focus and streamlining for initiatives to achieve greater impact on reducing child labor and forced labor in cocoa in Côte d’Ivoire and Ghana. The thematic areas and main focus of key recommendations are briefly summarized here. Detailed recommendations, their priority level, and main proposed responsible entities for their implementation are listed in the “Conclusions and Recommendations” section of the report.

American Institutes for Research® | 2024. 120p.

By Rafael Muñoz Sevilla , Bladimir Chicaiza. et al.

The U.S. Department of Labor’s Bureau of International Labor Affairs (USDOL-ILAB) has contracted with the American Institutes for Research® (AIR®) to assess the current landscape of efforts to address child and forced labor in the cocoa supply chains in Ecuador, Brazil, and Indonesia. The main research questions focused on (a) the identification of efforts of governments, industry, and civil society organizations, including international organizations, nongovernmental organizations, and workers’ organizations, to address child and forced labor in the cocoa sectors; (b) identification of the challenges encountered in these efforts; (c) review of situations that could potentially increase child and forced labor in the cocoa supply chain; and (d) identification of indications that these child labor and forced labor situations exist in the cocoa sector in these countries. The research methodology employed a comprehensive approach involving desk research, stakeholder interviews, and mixed-methods data analysis. The research team conducted a thorough review of more than 70 documents and websites, encompassing a wide range of sources. The team conducted interviews with 46 stakeholders, representing a total of 35 institutions and companies across the three countries. The research team adopted a mixedmethods data analysis approach, combining both primary qualitative data from stakeholder interviews and secondary data from document review. The research team adopted two conceptual frameworks to guide each country case’s analysis and triangulation between secondary data from document review and information gathered from key informants. The use of conceptual frameworks allows for comparability across the case studies, while recognizing and capturing the unique contexts and challenges of child and/or forced labor in cocoa in each country landscape. This study uses the structure of the (1) Cocoa Production Stages Framework, 1 to review phases of cocoa production in the supply chain in each country for relevant child labor and forced labor risks, as well as the (2) Systems Framework of Key Dimensions to Reduce Child and/or Forced Labor, 2 to assess the current efforts by actors in that country to make progress on child labor and forced labor reduction in cocoa. Qualitative data from interviews and the desk research were systematically analyzed to respond to the research questions and identify patterns, themes, and variations within these frameworks.

Arlington, VA: American Institutes for Research | 2024. 162p.

By Mei Zegers

The United States Department of Labor’s Bureau of International Labor Affairs (USDOL-ILAB) has contracted with the American Institutes for Research® (AIR®) to research, identify, and develop indicators of progress and to assess efforts to address child labor and forced labor in the cocoa sectors of Côte d’Ivoire and Ghana. Based on a participative process, this report covers the analysis of stakeholders’ implementation of efforts, with emphasis on the period since 2019. The main research questions focused on (a) the identification of the initiatives and good practices of governments, industry, and workers’ and farmer-based organizations (FBOs) to address child labor and forced labor in the cocoa sectors in Côte d’Ivoire and Ghana; (b) identification of the challenges of and the extent to which and workers’ organizations and FBOs are actively and meaningfully involved in efforts to address child labor and forced labor in the cocoa sectors; and (c) a review of the efforts under and outside the Child Labor Cocoa Coordinating Group (CLCCG) to address child labor and forced labor in the cocoa sector. The main stakeholders asked to contribute to the research were the governments of Ghana and Côte d’Ivoire; private-sector cocoa representatives; international development agencies; and international and national civil societies, including workers’ organizations and FBOs. The specific individuals contacted were selected on the basis of their membership in the CLCCG or as identified in mapping exercises of key cocoa production stakeholders. This research was based on a systems approach to data gathering, analysis, and interpretation. The approach identifies interrelationships, dependencies, and feedback loops to analyze dynamics, identify patterns, and make informed planning decisions for maximum results. A thorough literature review of 613 documents and websites was conducted for the analysis covered in the report. Interviews were conducted with 79 individuals. One-day workshops were conducted in May 2023 in Côte d’Ivoire and Ghana to discuss the development of a repository of progress indicators. These workshops also provided some information that was useful for the report. Further useful information resulted from email correspondence with representatives of 14 types of stakeholders that particularly focused on issues regarding needed support to strengthen the capacities of workers’ organizations and FBOs to address child labor and forced labor. Data analysis was primarily conducted using the qualitative data analysis software Atlas.ti and with Mind Mapping software.

Most research limitations fell into three categories. First, although child labor and forced labor are both considered throughout our research, much more information is available on child labor. There has been increasing attention, as well as strategy development, to address forced labor in cocoa among key stakeholders. However, there have been very few in-depth initiatives aimed at addressing this issue in cocoa, aside from examples such as the Forced Labor Indicators Project (FLIP),1 and a collaboration between the Rainforest Alliance, International Cocoa Initiative and Solidaridad. 2 Given the lack of existing data on forced labor initiatives, it is difficult to cover forced labor in the same depth as child labor. Second, some studies have identified good practices to reduce child labor in cocoa production, but these do not cover the breadth of approaches and initiatives used. Ideally, good practices should be identified through independent studies instead of through self-assessment of implementers. Independent studies may include evaluations of projects, but these are limited in number on this specific subject matter. Third, throughout the report we refer to a broad range of types of strategies and initiatives; although there are some commonalities, there are also major differences that need to be taken into account because they limit comparability. Main Findings The research confirmed that there is no one way to approach child labor and forced labor reduction; rather, it is the combination of implemented strategies and practices that will lead to greater success in reducing child labor and forced labor. Since 2019, there have been positive changes in terms of strengthened collaboration, coverage, and (new) directions in the efforts to reduce child and forced labor in cocoa in Côte d’Ivoire and Ghana. However, there are still many aspects that need attention to reach higher levels of impact on the reduction of child labor and forced labor. Currently, the focus on eliminating child labor at a household level has rightly expanded to consider many contextual issues and child well-being overall. This means focus on encompassing the availability of social services—including education and social protection coverage— functioning of workers’ organizations and FBOs and their voices, and deforestation and other environmental issues. In addition, the need to ensure that child labor is reduced consistently in communities, and not just among children currently working in cocoa, has gained recognition. efficiency and safety in cocoa production contributes to increased incomes. Application of methods to reduce accidents and illnesses caused by occupationally unsafe production technologies helps to simultaneously reduce the loss of income from such events. While awareness of the dangers of child labor has increased in both Côte d’Ivoire and Ghana, forced labor remains a subject that is not sufficiently covered. Awareness raising on subjects such as how and where to report child labor and forced labor and available grievance mechanisms for community members is still too limited. There is still scope for better collection and consolidation of data at local and national levels on child labor and forced labor reduction initiatives and their impact on informing decision making. Data gathering and sharing of data to ensure that lessons learned, implementation challenges identified, and good practices were used to inform future efforts was a challenge repeatedly identified throughout the research. Although the various multistakeholder platforms discuss some of the data, the concrete use of data for planning still needs greater attention, using methodologically appropriate means. The need to strengthen technical and logistics capacities at a local level to provide services to cocoa communities remains clear. The reduction of dependence on nonstate actors (international development agencies including foundations, NGOs) instead of on local government to provide services is necessary for long term sustainability. For this purpose, increased funding of local government services is key to enabling direct work with and sustainably of communities on child labor and forced labor reduction. Together with technical strengthening and support for logistics, including transport, impact of child labor and forced labor reduction initiatives will be exponentially increased, particularly if accompanied by improved infrastructure, such as schools, health provision structures, and improved roads. There are increased efforts to involve and strengthen workers’ organizations and FBOs, but their potential to contribute to addressing child labor and forced labor is not being fully realized. Although not all cocoa farmers are members of cooperatives and other farmer associations, many are. Efforts to encourage more farmers to organize and formalize them are underway, thus increasing the reach of workers’ organizations and FBOs. The necessity of increasing focus on including their voices and their local representatives to contribute to reduction of child labor and forced labor in cocoa is evident. This research found that there is still scope to improve the functioning of the CLCCG. Some aspects are similar to the need to join in streamlining the multistakeholder platforms. However, it is crucial to expand membership of the CLCCG to create greater diversity of inputs from key stakeholders. Further, as is relevant throughout all initiatives, the more concrete integration of specific forced labor reduction methods and initiatives can be scaled up The conclusions and recommendations presented in this research require a comprehensive and flexible approach to implementation. Continuous verification of the effects of the steps undertaken to reduce child labor and forced labor will be necessary on a regular basis and in an integrated manner. Recommendations are clustered around eight thematic types that this research identified as needing more focus and streamlining for initiatives to achieve greater impact on reducing child labor and forced labor in cocoa in Côte d’Ivoire and Ghana. The thematic areas and main focus of key recommendations are briefly summarized here. Detailed recommendations, their priority level, and main proposed responsible entities for their implementation are listed in the “Conclusions and Recommendations” section of the report.

American Institutes for Research® | 2024. 120p.

By Human Rights Watch

In December 2024, Saudi Arabia will be awarded the 2034 Men’s World Cup hosting rights, which FIFA has engineered without competition. The tournament is just one of many massive, planned projects requiring immense construction under Vision 2030, such as the $500 billion futuristic NEOM city. “Die First, and I’ll Pay You Later” shows how migrant workers continue to face widespread abuses across employment sectors and geographic regions including exorbitant recruitment fees, wage theft, job immobility, inadequate heat protections and uninvestigated deaths. Saudi authorities promised labor reforms, but the report based on interviews with more than 150 migrant workers and their families shows how Saudi authorities are systematically failing to protect migrant workers and remedy abuses. Migrant workers are the human engine of Saudi Arabia’s massive construction boom. There are 13.4 million migrant workers in the country and planned projects will result in millions more. The report shows how businesses and giga-projects funded by or linked to the Public Investment Fund (PIF), the country’s sovereign wealth fund, are among those exploiting and abusing migrant workers. This blatant failure to protect workers creates a near certainty that the 2034 World Cup will come at a large human cost. The report includes recommendations to the governments of Saudi Arabia and migrant origin countries, as well as to relevant international entities including FIFA, sponsors and businesses looking to profit from Saudi Arabia’s mega- and giga-projects.  

New York: Human Rights Watch, 2024. 130p.

By Martina Prpic; Graphics: Giulio Sabbati

Human trafficking is a serious crime and a violation of human rights. It has been on the rise because of increasing mobility, the spread of internet use and the generally low risks and high profit involved. The true extent of the problem can only be estimated, as complete statistics are not available and data are difficult to collect. However, even without exact numbers, it can be observed that a victim's gender influences the likelihood, manner and purpose of their being exploited. Available data on the prevalence of human trafficking show that most victims are women and girls, although men and boys are registered as victims in increasing numbers, as are transgender people. Sexual exploitation is by far the number one purpose of trafficking in women, while forced labour is the main purpose of trafficking in male victims. The leading factors that contribute to trafficking in women are their vulnerability, particularly as a consequence of violence, and demand for their sexual services. Traffickers usually exploit the dire economic situation of people searching for a better life abroad. The internet plays an important role, as does migrant smuggling. Sex trafficking also has an impact on how EU Member States legislate for prostitution, as authorities are aware that many people may not engage in prostitution willingly. The EU has adopted key instruments to tackle trafficking in human beings. In line with international standards, these instruments take a victim-centred approach and recognise that support and protection of victims, as well as prevention, should be gender-specific. In the most recent legislative instruments, the crime's digital dimension has been given more attention. The European Parliament is playing an important part in shaping EU policies in the field, and has pushed for more progress. This updates a briefing written by Anja Radjenovic and Sofija Voronova in 2016.

Brussels: EPRS | European Parliamentary Research Service, 2024. 10p.

By Jonathan Booth

Privately managed detention centers hold the majority of detained immigrants in Immigration and Customs Enforcement (“ICE”) custody. Coerced detainee labor in these for-profit facilities is commonplace. The practice contributes significantly to the financial viability of CoreCivic and GEO Group, the two corporations which manage most ICE detention centers, but it violates the prohibition on forced labor contained in the 2000 Trafficking Victims Protection Act (“TVPA”).

Despite a growing field of scholarship on “crimmigration” and proposals to abolish immigration detention, or on its extraterritorial application. Because practitioners, rather than scholars, were the first to recognize that the TVPA’s prohibition of forced labor applies to private detention centers, there has been little scholarly analysis of the application of the TVPA to forced labor within detention facilities.

This Article provides the first scholarly assessment of a wave of pending class action lawsuits challenging forced labor in privately managed ICE facilities under the TVPA. It concludes that such lawsuits are likely to succeed, given the facts known about conditions in for-profit immigrant detention facilities and the broad text and favorable legislative history of the TVPA. If the plaintiffs win a favorable jury verdict or a far-reaching settlement, the cases may cause fundamental changes to the current system of mass immigration detention.

Part I of this Article examines the rise of for-profit detention in the United States and shows that detaining immigrants is now a central business of forprofit detention corporations. Next, Part II describes the labor policies within ICE detention that plaintiffs in these lawsuits allege amount to forced labor and thus violate the TVPA. Part III turns to the TVPA itself and analyzes its text, legislative history, and applicability to class actions. Part IV argues that its text and legislative history demonstrate that the TVPA covers forced labor claims within for-profit immigrant detention facilities and that such claims, if successful, could transform the business of detaining immigrants. Finally, Part V argues that publicly available information, including that revealed through discovery in these lawsuits, makes it likely that plaintiffs will prevail at trial.

35 Georgetown Immigration Law Journal 573 (2020)

By Alfonso Daniels, Matti Kohonen, Eloy Aroni, Mariama Thiam

Forced labour in the fisheries sector is increasingly being recognised as a widespread human r1 The ILO provides a framework of 11 forced labour crisis. Forced labour is defined by the International Labour Organization (ILO) – the UN agency that sets up labour standards to ensure decent working conditions – as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.”0rced labour risk indicators that apply to the fishing sector, including indicators such as debt-bonded labour, and abusive working and living conditions.02

Boston: Financial Transparency Coalition , 2023. 74p.

By Stijn Aerts

Key takeaways 1. Work-related crime refers to all infractions of laws and regulations regarding salary and employment, benefits, taxes and duties. This includes labour exploitation, forced labour, and trafficking in human beings for labour exploitation, as well as all criminal activities that may be related to, or indicative of, these crimes: benefit fraud, tax evasion and money laundering, breaching workplace safety regulations, salary extortion, and so on. 2. Labour exploitation is a particularly harmful crime. First, there is the direct harm (physical, psychological and economic) to victims. Second, exploitation creates unfair competition, having a negative effect on the legal economy and labour market. Third, unfair competition in trade and labour markets, and illegally acquired wealth, may erode trust in institutions and European values. 3. Exploiters make profit through a series of cost-cutting and revenue-generating actions. They save on wages, a safe work environment, taxes and social benefit contributions. Revenue is generated by asking inflated prices for recruitment and housing, by committing different types of benefit fraud, and by out-competing competitors. 4. Offenders use (seemingly) legal business structures and labour mobility options (including posted labour) to create intricate, often international, subcontracting chains that serve to hide illegal activity from plain sight and hamper investigations. 5. There are different prevention strategies, each with their own benefits and disadvantages. Victim-oriented approaches include awareness programmes for potential victims, as well as victim identification and assistance. Buyer-oriented strategies target both personal and corporate buyers, and aim to shrink the market for services and goods produced by exploited labour. Offender-oriented approaches have the objective to create an environment that is risky and unrewarding for offenders to operate in. The latter may be achieved by a mix of criminal justice and administrative probes that benefits from increased information sharing between authorities and across borders.

Brussels: European Crime Prevention Network - EUCPN. 2023. 40p.

By International Labour Organization (ILO), Walk Free, and International Organization for Migration (IOM) 2022

Modern slavery is a scourge that affects every region of the world. The latest Global Estimates indicate that 50 million people were living in modern slavery in 2021. Of these people, 28 million were in forced labour and 22 million were trapped in forced marriage. Unfortunately, the number of people in modern slavery has risen significantly in the last five years. In 2021, 10 million more people were in modern slavery compared to 2016 global estimates.

Geneva, SWIT: 2022. 144p.

By Mohamed Daghar

Summary: In September 2014 Kenya banned the exportation of labour to the Middle East because workers were being trafficked by criminal networks offering them jobs. This policy brief focuses on the criminals who continue to drive this market and examines attempts by the government and other stakeholders to outlaw the practice. While the measures in place are commendable, they are inadequate. Many gaps still enable criminals to continue operating in a lucrative, quasi-regulated market. The field study conducted revealed that human trafficking persists in Kenya. Key findings ∙ Kenyans trafficked to the Middle East are often exposed to inhumane conditions that many reports describe as ‘modern slavery’. ∙ Despite reforms intended to prevent this, the trafficking of Kenyans to the Middle East continues. ∙ Stakeholders approach the issue mainly as a human rights concern rather than as a humantrafficking crime. ∙ The interventions in place are inadequate and the exclusive focus on rights has diverted attention from the criminality involved. ∙ Reassessing the problem as human trafficking will shift attention to Kenya’s ability to both protect its workers abroad and combat transnational crime.

ENACT - Africa, 2020. 16p.

Edited by: Kate Ekama , Lisa Hellman and Matthias van Rossum

The study of slavery and coerced labour is increasingly conducted from a global perspective, and yet a dual Eurocentric bias remains: slavery primarily brings to mind the images of Atlantic chattel slavery, and most studies continue to be based – either outright or implicitly – on a model of northern European wage labour. This book constitutes an attempt to re-centre that story to Asia. With studies spanning the western Indian Ocean and the steppes of Central Asia to the islands of South East Asia and Japan, and ranging from the sixteenth to the nineteenth century, this book tracks coercion in diverse forms, tracing both similarities and differences – as well as connections – between systems of coercion, from early sales regulations to post-abolition labour contracts. Deep empirical case studies, as well as comparisons between the chapters, all show that while coercion was entrenched in a number of societies, it was so in different and shifting ways. This book thus not only shows the history of slavery and coercion in Asia as a connected story, but also lays the groundwork for global studies of a phenomenon as varying, manifold and contested as coercion.

Bonn: De Gruyter, 2022. 228p.

By Alice Fereday

This report assesses risks of exploitation and labour trafficking in gold-mining areas in northern Niger and northern Mali. It examines the modalities of recruitment and employment, the risks they pose to workers and the structural factors that contribute to the vulnerability of gold miners. The report also identifies key opportunities for policy makers to address these risks while recognising the crucial role of gold mining for local livelihoods and stability.

OCWAR-T Research Report 3 . Pretoria, South Africa: Institute for Security Studies, 2023. 34p.

  By Anni Lietonen and Natalia Ollus

  The guide has been prepared in connection with the Action plan for effective public procurement (i.e., the Procurement Finland Strategy), coordinated by the Min - istry of Finance and the Association of Finnish Local and Re - gional Authorities. The project was built on the objectives of the Social Sustainability Group operating as part of the Pro - curement Finland Strategy, which include the promotion of human rights in public procurement and respecting funda - mental rights at work. By combating labour exploitation and human trafficking as part of public procurement procedures, contracting units can contribute to preventing fraudulent ac - tivities and crimes, and to promoting the implementation of human rights and respect for the fundamental principles of working life. The proposed measures, views and interpretations presented in this publication represent the authors' views and do not necessarily reflect the official position of the par - ties involved in the implementation of the Procurement Fin - land strategy. This guide has been prepared for the public procurement context in Finland, and for the application of Finnish laws and instructions. However, public procurers and businesses from other countries can also benefit from the content of the guide. When implementing the recom - mendations in the guide, public contracting entities must ensure that their measures comply with the na - tional procurement and data protection legislations, the Act on the Contractor’s Obligations and Liabili - ty when Work is Contracted Out, including other key obligations.   

Helsinki: European Institute for Crime Prevention and Control, affiliated with the United Nations HEUNI, 2021. 61p.  

By Alice Fereday

This report assesses risks of exploitation and labour trafficking in gold-mining areas in northern Niger and northern Mali. It examines the modalities of recruitment and employment, the risks they pose to workers and the structural factors that contribute to the vulnerability of gold miners. The report also identifies key opportunities for policy makers to address these risks while recognising the crucial role of gold mining for local livelihoods and stability.

  OCWAR-T Research Report 3 . Institute for Security Studies, 2023. 34p.

by Joe Eyerman, Melissa M. Labriola, Bella González

Reducing the prevalence of all forms of human trafficking, including sex trafficking, labor trafficking, and child sexual exploitation, is a national priority that puts the U.S. Department of Homeland Security (DHS) in a prominent role. Given the scale, evolving nature, and complexity of labor trafficking, combating the problem poses a significant challenge. The DHS Science and Technology Directorate (S&T) anti–human trafficking program is assessing the current state of and future needs for labor trafficking research in the United States. This effort will serve as a starting point for future social science–based S&T anti–human trafficking research and actions focused on labor trafficking.

Santa Monica, CA: RAND, 2023. 

By Mark Olden

Every year an estimated 5,000 migrant seasonal workers come to Sweden to do the back-breaking work of clearing landscapes and planting trees. They make up 85 – 90 per cent of the workforce and are employed by firms sub-contracted by the companies that dominate Sweden’s forest sector. "Duped” sheds a light on the endemic mistreatment they face. From earning less than promised, to being employed under unlawful terms. From working in poor conditions to being overcharged for their accommodation: the evidence is consistent and overwhelming. It contains testimonies from migrant workers, a union, investigative journalists and a small forest owner - stories of exploitation and harm that challenge the claim that such forestry is sustainable. This briefing shows that this exploitation is rooted in the economic logic which underpins the Swedish forestry model, and which is also driving nature destruction.

Bruxelles Belgium: FERN, 2023. 18p.

By Denise Brennan

Life Interrupted introduces us to survivors of human trafficking who are struggling to get by and make homes for themselves in the United States. Having spent nearly a decade following the lives of formerly trafficked men and women, Denise Brennan recounts in close detail their flight from their abusers and their courageous efforts to rebuild their lives. At once scholarly and accessible, her book links these firsthand accounts to global economic inequities and under-regulated and unprotected workplaces that routinely exploit migrant laborers in the United States. Brennan contends that today's punitive immigration policies undermine efforts to fight trafficking. While many believe trafficking happens only in the sex trade, Brennan shows that across low-wage labor sectors—in fields, in factories, and on construction sites—widespread exploitation can lead to and conceal forced labor. Life Interrupted is a riveting account of life in and after trafficking and a forceful call for meaningful immigration and labor reform.All royalties from this book will be donated to the nonprofit Survivor Leadership Training Fund administered through the Freedom Network.

Durham, NC: Duke University Press, 2014. 302p.

Edited by Veronica Federico • Simone Baglioni

This open access book discusses how, and to what extent, the legal and institutional regimes and the socio-cultural environments of a range of European countries (the Czech Republic, Denmark, Finland, Greece, Italy, Switzerland and the UK), in the framework of EU laws and policies, have a beneficial or negative impact on the effective capacity of these countries to integrate migrants, refugees and asylum seekers into their labour markets. The analysis builds on the understanding of socio-cultural, institutional and legal factors as “barriers” or “enablers”; elements that may facilitate or obstruct the integration processes. The book examines the two dimensions of integration being access to the labour market (which, translated into a rights language means the right to work) with its corollaries (recognition of qualifications, vocational training, etc.), and non-discriminatory working conditions (which, translated into a rights language means right to both formal and substantial equality) and its corollaries of benefits and duties deriving from joining the labour market. It thereby offers a novel approach to labour market integration and migration/asylum issues given its focus on legal aspects, which includes most recent policy changes and legal decisions (including litigation cases). The robust, evidence-based and comparative research illustrated in the book provides academics and students, but also practitioners and policy makers, with up to date knowledge that will likely impact positively on policy changes needed to better address integration conundrums.

Cham: Springer Nature/Imiscoe, 2021. 264p.