Migrant worker rights and labour trafficking in rural settings

1. Migrant worker rights and labour trafficking in rural settings Human Trafficking for Forced Labour Forum: April 23rd, 2013 Alfredo Barahona, Migrant and Indigenous Rights Program Coordinator KAIROS

2. Overview • Working and Living Conditions of TFWs in Canada • Definition of Human Trafficking • Elements of Human Trafficking in the TFWP • Labour and Human Rights Instruments • Recommendations

3. Working and Living Conditions of TFWs in Canada Many migrant workers pay between $10,000.00 - $15,000.00 (CAD) to Recruiters Huge debts to pay Some workers don’t have contracts Some can’t read their contracts Unexpected expenses in Canada (income tax, transportation, housing, food) Working 12 hours a day, 6-7 day per week

4. Unsafe and unhealthy living conditions Not taken to the “place of employment” listed on the contract Work permit tied to specific employer Out of work when farms do not have sufficient work Some have worked for $7.50/hr because agents took $1.50/hr from their pay Others have worked, at times, for as little as $7 - $10/day Sue Wilson, CSJ, Office for Systemic Justice Canadian Federation of Sisters of St. Joseph. Migrant Workers in Canada: Working in Situations with Significant Elements of Human Trafficking

5. Trafficking in persons “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, the abuse of power or of a position of vulnerability or giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

6. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children Supplementing The United Nations Convention Against Transnational Organized Crime

7. Elements of human trafficking in the TFWP Fraud and Misrepresentation Control and Coercion Exploitation

8. Labour and Human Rights Instruments • Universal Declaration of Human Rights • International Conventions on the protection on the rights of migrant workers and members of their families • Canadian Charter of Rights and Freedoms • Canadian Labour Law

9. Universal Declaration of Human Rights Article 23 Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work.

10. 3.Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests.

11. International Convention on the Protection of the Rights of All Migrant Workers and Their Families Article 11 1. No migrant worker or member of his or her family shall be held in slavery or servitude 2. No migrant worker or member of his or her family shall be required to perform forced or compulsory labour

12. Canadian Charter of Rights and Freedoms 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment 15.(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

13. 15 (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

14. Labour law and migrant workers in Canada Canadian laws protect every worker in Canada. This includes temporary foreign workers like you. Your employer: must pay you for your work must make sure that your workplace is safe cannot take your passport or work permit away from you

15. A person at your local employment or labour standards office can talk to you about fair pay, hours of work, rest periods, working conditions and provide other services. You do not need your employer’s permission to call this office or visit its website. An employer cannot punish you or have you deported for contacting an employment standards office.

16. Refusing Dangerous Work Most of the time, you have the right to refuse to work if you believe that the work you are doing or have been told to do is dangerous. You must be paid until the danger is removed you feel the problem no longer exists or a government official tells you that it is safe to do the work. Your employer cannot punish you for refusing dangerous work.

17. Wages, Working Conditions and Occupations Employers must provide TFW with the same wages and benefits as those provided to their Canadian citizen and permanent resident employees working in the same occupation. In addition, TFWs working in a unionized environment must be paid the wage rate as established under the collective bargaining agreement. http://www.cic.gc.ca/english/work/tfw-rights.asp

18. Recommendations Work together with people from different sectors in society but in particular with people who have been trafficked to: Help implement public education to raise awareness on issues of and the intersections between human trafficking , forced labour and migrant workers

19. Support and participate in civil society advocacy campaigns to protect the human rights of migrant workers Take actions to hold elected officials and bureaucrats accountable in their responsibility to monitor and enforce the human rights of migrant workers

20. Thanks!