STATES RESPONSIBILITY TO PREVENT (R2Pr)
Responsibility To Prevent (R2Pr) labour exploitation
The protocol of 2014 to the Forced Labour Convention, 1930
Article 1(2) Each Member shall develop a national policy and plan of action for the effective and sustained suppression of forced or compulsory labour in consultation with employers' and workers' organizations, which shall involve systematic action by the competent authorities and, as appropriate, in coordination with employers' and workers' organizations, as well as with other groups concerned.
The three pillars of R2Pr
Duty to inform
- States must educate and inform people, especially those considered to be particularly vulnerable, in order to prevent their becoming victims of forced or compulsory labour;
- educate and inform employers in order to prevent their becoming involved in forced or compulsory labour practices.
Duty to protect
States must protect persons, particularly migrant workers, from possible abusive and fraudulent practices during the recruitment and placement process; take effective measures for the identification, release, protection, recovery, and rehabilitation of all victims of forced or compulsory labour, as well as the provision of other forms of assistance and support; address the root causes and factors that heighten the risks of forced or compulsory labour; support due diligence by both the public and private sectors to prevent and respond to risks of forced or compulsory labour; ensure that all victims of forced or compulsory labour, irrespective of their presence or legal status in the national territory, have access to appropriate and effective remedies, such as compensation.
Duty to reform
States must undertake efforts to ensure that:
- the coverage and enforcement of legislation relevant to the prevention of forced or compulsory labour, including labour law as appropriate, apply to all workers and all sectors of the economy; and
- labour inspection services and other services responsible for the implementation of this legislation are strengthened
- in accordance with the basic principles of its legal system, take the necessary measures to ensure that competent authorities are entitled not to prosecute or impose penalties on victims of forced or compulsory labour for their involvement in unlawful activities which they have been compelled to commit as a direct consequence of being subjected to forced or compulsory labour.
Immigration status-related labour exploitation and race discrimination.
Tackling labour exploitation does not have to be a complicated matter. If we empower our communities where we live to identify the signs of labour exploitation where we work, and we support employers to understand how to conduct the right to work checks, we have a chance to prevent the abuses above.
Why this campaign is important:
For us migrants:
We have been refused employment, suspended without pay and unlawfully dismissed. These practices have subsequently resulted in unlawful detention because our employers wrongly report us to the Home, race discrimination, and labour exploitation.
They have been wrongly labelled racist when the root causes not 'race', but immigration law.
Research from the Coventry Univeristy's Centre for Peace, Trust and Social Relations made the findings below:
- 82% of employers are finding it hard to fill some vacancies.
- 65% of businesses said they were unable to fill these roles because they could not find candidates with the right skills and experience.
- Refugees and former refugees were only employed by 4.9% of employers.
- 96% of employers were not confident in employing non-EU migrants, including refugees, because they feel they have not received adequate training or support.
- However, 34% of employers said they did not see any barriers to employing refugees.
- 27% of employers had not considered employing refugees.
- 64% of employers said they were not sure of the law on employing migrants and that acted as a deterrent to employing them.
- 52% of employers would like more information on immigration law and regulations relating to employment.
Our pilot project, which was funded by the EU's Urban Innovative Actions fund, through the Mifriendly Cities project, is coming to an end very soon. Our impact in our community has been positive for some of our brothers and sisters, as you can see below.
I was just about to sit down and give you a catch-up. I thought it was all good but then they haven't said what they are going to do. So I am now awaiting a response. But basically, I am was given the option of returning to my work or going to another school with a two-level pay increase and go back two days a week till half term and offered their therapy service. As well as be put on a course for the headteachers qualification.
However, on Friday, I received a letter which stated only a one-level pay increase and no mention of the course. So I emailed the CEO which I believe is the first process of the Grievance Policy and I am awaiting his response.
The meeting had such a positive stance on Wednesday that I forgot to ask but I shall email HR now and ask for it.
Thanks for checking in
On Thu, 28 Nov 2019, 20:36 ******, *******> wrote:
"Hello , you alright? Just wanted to say a big thank you for helping me to win my appeal against my dismissal from my company *******. Without winning that appeal my wife wouldn't have been able to get the visa because I would have been out of work. So once again thank u so much my wife ended up getting the visa, we both are really grateful for ur help and she is looking forward seeing u .
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WHAT KIND OF SUPPORT WE NEED AND WHAT WE INTEND TO DO WITH IT?
What will we do?
1. To educate
We will continue to provide information to our community so that everyone understands their employment/ immigration rights in order to prevent their becoming victims of forced or compulsory labour. We will do this by continuing to provide at least 2 briefing sessions per month. We will work with employers to upskills their HR staff who are in charge of the right to work checks.
We will continue to provide our weekly online surgery with Central England Law Centre's OISC regulated immigration adviser.
2. To protect:
We will do casework
We will provide representation at work
We will provide representation in court.
3. To reform
We campaign to prevent Immigration status-related labour exploitation, discrimination, and destitution by ensuring that the Employer's guide to right to work checks is amended.
spoken with ****HR this morning. I've explained that your right to work has not
been removed but that at the moment, you don't have the document needed to
satisfy the right to work checks. They aren't however able to allow you to
return to work without a document confirming your right to work. Do you know if
your solicitor will be submitting an application under the Windrush Scheme or
another application type? " ( Home Office)
We will carry on with our campaign in line with article 1(2) for the UK and EU member states to develop a national policy and plan of action for the effective and sustained suppression of forced or compulsory labour in accordance with the protocol, from our perspective.
What do we need?
To educate: We need to raise £25k to fund an outreach (Education/ organiser ) brother,or sister with lived experience to educate and inform the community.
To protect: We will engage with ACAS to resolve the right-to-work checks disputes with employers because the Employment Tribunal is not the solution. But if we have to, we will need an in-house regulated oisc adviser and employment lawyer to take the matter further. We need to raise £35k to fund the cost of an inhouse regulated OISC level 1-2/ employment lawyer to take on the legal work
To reform: We need to raise £25k to fund a campaigner with lived experience for our advocacy work
If you can support our work, or want to join this campaign, please get in touch #Responsibilitytoprevent #inform-protect-reform