Forced Labour in the Mushroom Industry

1. Forced Labour in the Mushroom Industry Dr Jennifer Hamilton

2. What is Forced Labour? • UN legal instruments and ILO Conventions Number 29 and 105 on forced labour Convention No. 29 (1930) states that forced or compulsory labour shall mean: 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 [Article 1 (1))]

3. Belser (2005:2) outlined that forced labour represents: • a restriction in human freedom; • a violation of human rights; and • the exact opposite of ‘decent work’ or ‘human development’ as defined by the ILO.

4. Indicators of Forced Labour • The International Labour Organisation (ILO) indicators: • Threats or actual physical harm to the worker; • Restriction of movement and confinement, to the workplace or to a limited area; • Debt bondage; • Withholding of wages or excessive wage reductions that violate previously made agreements; • Retention of passports and identity documents so that the worker cannot leave or prove his/her identity and status; and • Threat of denunciation to the authorities, where the worker is in an irregular immigration status.

5. Elements of Forced Labour • Deception • Coercion • Retention/withholding of identification documents • Debt bondage • Threats • Coercion and deception are used to control and exploit victims. Victims may experience debt-bondage, the withholding of identity documents, threats and abuse, reduced/no pay, excessive working hours, dangerous conditions, poor accommodation and discrimination (Dowling et al. 2007: iii).

6. Who is at risk? • Migrant Workers • Restrictive and complex nature of migration regimes in Europe thought to contribute to their vulnerability and exploitation (Van den Anker 2009). • Why? • No viable alternative (Anderson and Rogaly, 2005) • Vulnerable (Dowling et al. 2007: 10):

7. International Policy • 1950 European Convention on Human Rights • International Covenant on Civil and Political Rights • 1990 UN Convention on Migrant Workers • 1998 ILO declaration on Fundamental Principles and Rights at Work

8. UK Policy • 2004 Asylum and Immigration Act • 2004 Gang masters (Licensing) Act • 1998 Human Rights Act (Article 54) • 2009 Coroners and Justice Act Section 71 (Slavery, Servitude and Forced or Compulsory Labour) • NI Policy • Governed by UK

9. Issues • Victims’ experiences of forced labour can include: • Reduced/no pay; • Long/Excessive hours; • Lack of holiday/sick pay/breaks; • Poor health and safety provision and dangerous working conditions; • Poor accommodation; • Discrimination; • Abuse – physical and psychological; and • Threats, intimidation and isolation • (Dowling et al. 2007: 8).

10. Migrant Labour • Increase in migrant labour within the agricultural sector • Low wage • High turnover and demand • Seasonal • Mushroom Industry • Labour intensive • “Dehumanising” – Scott et al (2012)

11. Mushroom Industry • Exploitation • Republic of Ireland • Equality Commission • Research in NI • Qualitative interviews

12. Research Findings • Working below skill level • Qualifications, skills and experience • Documentation • More than half initially undocumented • Unaware of implications • Accommodation • Provided by employer • Living conditions

13. Research Findings • Working Conditions • Hours • Pay • Time Off • Treatment • Health and Safety • Fear • Discipline and Dismissal • Redress

14. Conclusion • Continuum • Exploitation and forced labour • Borderline forced labour • Deception • False promises

15. Conclusion • Threats • Exploitation • Excessive working hours • Health and safety issues • Vulnerability

16. Recommendations • Partnership approach • Reduce worker vulnerability • “We want everything to be so that employers treat workers according to the law, with full employment rights” • (interviewee)