Madrid (2007) (excerpts)

Madrid 2007 (Decisions: Decision No. 8/07 on Combating Trafficking in Human Beings for Labour Exploitation) (excerpts)

The Ministerial Council,

(…)

Seriously concerned that trafficking in human beings remains widespread in the OSCE region
and beyond, despite national and international efforts to prevent it and to bring to justice
those responsible,

Recognizing the need to strengthen further the framework of OSCE commitments to address
the challenges of trafficking for labour exploitation,
Recognizing the vulnerability of children to trafficking for labour exploitation and the special
needs of child victims,

Emphasizing that policies and practices to address trafficking for labour exploitation, which
arises within the formal and informal economy, should be comprehensive and therefore include
enforcement of labour laws,

Underlining that measures to address trafficking for labour exploitation should be formulated
with and encourage greater participation of labour actors, including workers and employers
organizations, labour administrators and inspectors,

(…)

Recognizing that persons with irregular immigration status are likely to be more vulnerable
to trafficking for labour exploitation,

(…)

Recognizing the challenges of identification of and assistance to victims, including their uncertainty
regarding their eventual residential status, and that might arise out of the use of intimidation
and the exploitation of victim’s fears by traffickers, and recognizing the need for
complaints procedures that encourage victims to come forward,

Calls on participating States to:

(…)

5. Support and promote partnerships between civil society, including NGOs, and State agencies
with a labour protection mandate to monitor working conditions, to provide, among
others, assistance to victims and prevent trafficking for labour exploitation and violation of
labour laws, including through targeted awareness-raising programmes or voluntary codes
of conduct;

(…)

8. Increase multi-agency co‑operation and interaction on labour trafficking issues among
their labour and immigration officials, law enforcement, judicial officials and social services
providers, including through the establishment or strengthening, as appropriate, of national
referral mechanisms as recommended in the OSCE Action Plan to Combat Trafficking in
Human Beings;

(…)

11. Ensure effective complaint procedures where individuals can report in a confidential manner
circumstances that might be indicative of a situation of trafficking for labour exploitation,
such as exploitative working and living conditions;

12. Develop indicators taking into account, as appropriate, those developed by the ILO
Committee of Experts to ensure consistency and transparency in the identification of victims
of trafficking for labour exploitation and in the detection of situations of trafficking for labour
exploitation;

13. Consider further expert discussion of how to distinguish cases of trafficking for labour exploitation
from other situations of irregular employment;

(…)

16. Develop programmes to curb the fraudulent recruitment used by some employment agencies
that can make persons more vulnerable to being trafficked;

(…)

19. Target awareness-raising campaigns in countries of origin, transit and destination, directed
in particular at groups vulnerable to trafficking for labour exploitation;

20. Intensify efforts to prevent child labour, by considering signing and ratifying the ILO
Convention on the Worst Forms of Child Labour, 1999, if they have not already done so, and if
they are already parties to it, by implementing its provisions;

21. Increase co-operation at an international level by sharing information and best practices
on combating trafficking for labour exploitation, and examining ways to strengthen collaboration
concerning law enforcement as well as victim protection and reintegration assistance in
situations of repatriation;

22. Improve data collection and analysis of the nexus between trafficking for labour exploitation
and migration and share such information with other OSCE participating States.