Speech by Minister Donner during the Conference on `Human trafficking, turning our attention to labour exploitation`, in Utrecht on 13 February 2009
Ladies and gentlemen,
Human trafficking; we thought that we had eradicated this scourge of humanity a long time ago in Europe. The international condemnation of human trafficking is as old as many a European state, because by the same act that settled or confirmed most European states in their present day borders – the Treaty of Vienna of 1815 -, human trafficking was condemned as a violation against fundamental principles of humanity and human decency. Two years ago we commemorated the bicentenary of the first act outlawing human trafficking, the anti slavery act by the British Parliament. This year we commemorate the 250th birthday of William Wilberforce, the English philanthropist who was the moving force behind both these acts. Thus we could consider these practices, that are rightly described in your program as ‘one of the most horrific crimes’, as a thing of the past.
And yet,
Even today millions of men, women and children worldwide fall victim to human trafficking and exploitation in the labour market. We tend to think of these things as something that takes place on the other side of the world; far away in primitive countries. But the contrary is true. Even at this moment criminals use the Netherlands as a final destination or a place of transit for people whom they coerce or deceive into travelling to the West to work. Even in the Netherlands victims are compelled to work in shameful and degrading conditions. And when they are no longer needed they are left to their fate.
Take for example the Nigerian girls brought to Europe on false pretences and forced to work here as prostitutes. I could give you many more sad examples; in the building industry, in the employment agency sector, in agriculture and horticulture. People housed in damp, shoddy sheds, worked for long hours on end, paid below minimum wage level and forced to pay most of it back for rents, insurance premiums and meals. Examples of what could be described as modern slavery.
And we thought that slavery had been abolished a long time ago!
Tackling human trafficking and labour exploitation has a high priority; not just in the Netherlands and Europe but elsewhere too. It is why all kinds of measures have been taken in these fields in recent years. The Ministry of Social Affairs and Employment plays a role in preventing and identifying labour exploitation. The inspectors of the Labour Inspectorate are trained to recognise situations that may involve exploitation. They pass their findings on to the Social Security Information and Investigation Service, a criminal investigation service known for short as the SIOD. The SIOD institutes criminal investigations on the basis of these findings.
For a long time these investigations were limited to prostitution and sex exploitation. As Minister of Justice I had the opportunity of introducing and defending the legislative proposal to prohibit labour exploitation as a criminal offence, thereby implementing the UN treaty concerned. This resulted in the act of 2005 which made labour exploitation a criminal offence even where it does not involve prostitution. This enabled the SIOD to investigate offences in other sectors than prostitution. Since 2006 labour exploitation has been a priority in the SIOD’s annual plans.
In the course of 2007 and 2008 the SIOD received information on 28 cases of exploitation and concluded 12 criminal investigations. Although finding conclusive evidence is not always easy, the SIOD has obtained some success. Quite recently the defendants in one of these cases were sentenced to prison sentences of up to seven years. But it is not always possible to gather sufficient evidence. Nor, of course, does every case of exploitation come to the attention of the Labour Inspectorate and the SIOD – just as the police cannot catch every motorist who speeds or every cyclist who runs through red lights. Criminal investigations are just not sufficient, an additional effort is needed.
The general public, authorities and staff who come into contact with human trafficking and labour exploitation have to become aware of these forms of crime. In order to improve general awareness we must disseminate information. Everyone must become conscious of this topic. People must realise that exploitation occurs even in the Netherlands. We must realise, as Frederick Douglas once said: “No man can put a chain about the ankle of his fellow man without at last finding the other end fastened about his own neck.” In the end, the existence in our midst of any form of human exploitation, corrupts society as a whole and diminishes us as human beings and fellow man.
It is therefore important to provide information to potential victims. People from other countries who are coerced or deceived into coming to the Netherlands to work here should know their rights. This goes without saying. But it is not always the case. Indeed, some victims are barely aware of what country they have ended up in. Even if an eighty hour working week, working in dreadful conditions for a euro a day is perfectly normal in someone’s own country, it Is not normal here. But how is someone to know that we take a different view in these things?
To provide information specifically designed for victims and social workers the Ministry of Social Affairs and Employment has produced an information card entitled ‘Labour and exploitation’. It is a small card that social workers can easily carry with them and hand out everywhere. It fits neatly into an inside pocket. The purpose of the card is to alert people to the possibility that they are being exploited. This is done by reference to a number of examples. If social workers or victims recognise one or more of these examples, exploitation may be occurring. The card also explains how and where help can be obtained. Another aim of the card is to provide information for the staff of authorities that may come into contact with exploitation. Using the card they can recognise signs of exploitation and be alert to them. The card is produced in the languages important to the target groups and distributed to Dutch municipalities, migrants’ organisations, churches where migrants gather and non-governmental organisations actively engaged in combating human trafficking. Information is necessary, but it is not sufficient. The potential victims must be made aware, even before they consider coming to the Netherlands, the pitfalls and dangers of exploitation have to be made clear in the countries of origin. For that reason the Dutch department of social affairs and employment has concluded agreements with different European countries on cooperation in the area of inspection, publicity, information and publicity as to the legal rights and obligations of workers in the Netherlands.
Ladies and gentlemen, I should like to conclude by thanking the Ministries of Foreign Affairs and Justice for their assistance in connection with this information card. And I should also like to thank the bureau of the National Rapporteur on Human Trafficking, the ‘Report Crime Anonymously’ Tip-off Line and the NGOs that have just been mentioned – BLinN and CoMenscha. The information card alone will not enable us to banish the problem of exploitation. But it can in any event help to make victims aware that something about their situation is not right and that organisations exist to which they can apply for help.
The exploitation of workers does not belong in the present era and we must do everything possible to eradicate it. We shall do this by tracking down the criminals responsible. By tackling employers who abuse people and compete unfairly with bona fide businesses. And by disseminating information. From today this information card is part and parcel of our efforts.
Thank you.