Centro de Documentação da PJ
Monografia

3187421.C.4
CD72
HEUNI. European Institute for Crime Prevention and Control, affiliated with the United Nations
Trafficking for forced labour and labour exploitation in Finland, Poland and Estonia / ed. Anniina Jokinen, ed. Natalia Ollus, ed. Kauko Aromaa.- Helsinki : HEUNI, 2011.- 343, [3] p. ; 25 cm. - (Publication Series. [Heuni Report Series] ; 68)
Também disponível em: http://www.heuni.fi/Etusivu/Publications/1290610598184. Acedido em 28 de Abril de 2011.
ISBN 978-952-5333-81-7

ESCRAVATURA, TRÁFICO DE PESSOAS, MIGRANTE, CRIME ORGANIZADO, LEGISLAÇÃO, FINLÂNDIA, POLÓNIA, ESTÓNIA

Foreword. TRAFFICKING FOR FORCED LABOUR AND LABOUR EXPLOITATION – SETTING THE SCENE. (Natalia Ollus & Anniina Jokinen) . Introduction, project background and objectives. Literature and data collection issues. A brief overview of key international instruments concerning trafficking in human beings and forced labour. The three country report. References. WORK ON ANY TERMS: TRAFFICKING FOR FORCED LABOUR AND EXPLOITATION OF MIGRANT WORKERS IN FINLAND. (Anniina Jokinen, Natalia Ollus & Minna Viuhko) . CHAPTER 1: INTRODUCTION AND NATIONAL LEGISLATION. 1.1 Terminology.1.2 National legislation. 1.2.1 Trafficking in human beings. 1.2.2 Extortionate work discrimination. CHAPTER 2: THE FINNISH CONTEXT. 2.1 Institutional framework and data collection. 2.2 Previous research in Finland. 2.3 Reported crimes and court judgements. 2.4 The assistance system for victims of human trafficking. 2.5 The number of migrant workers in Finland. CHAPTER 3: DATA AND METHODS. 3.1 The research questions. 3.2 Expert interviews. 3.3 Victim interviews. 3.4 Court data. 3.5 Pre-trial investigation materials. 3.6 Media material. 3.7 National expert meetings. CHAPTER 4: BEFORE ARRIVING IN FINLAND. 4.1 Countries of origin and sectors. 4.2 Victims and exploited workers. 4.3 Perpetrators. 4.4 Recruitment. 4.4.1 Recruitment through private employment and recruitment agencies. 4.4.2 Recruitment fees. 4.4.3 Family and acquaintances as recruiters. 4.4.4 Responsibility and prevention. 4.5 Work permits. 4.5.1 The first permits. 4.5.2 Extension permits. 4.6 Travel arrangements. CHAPTER 5: FORMS OF EXPLOITATION IN FINLAND. 5.1 Physical control. 5.1.1 Violence. 5.1.2 Threats. 5.1.3 Sexual violence. 5.2 Other means of control. 5.2.1 Restriction of movement, and control over employees’ free time. 5.2.2 Accommodation. 5.2.3 Retention of passport. 5.3 Economic control and other deficiencies regarding the terms of employment. 5.3.1 Payment of salaries and salary discrimination. 5.3.2 Working hours, overtime, and vacation rights. 5.3.3 Verifying the payment of wages, and the misuse of bank accounts. 5.3.4 Occupational health and work safety. 5.3.5 Debts. 5.3.6 Giving notice and wages due. CHAPTER 6: IDENTIFYING AND HELPING VICTIMS. 6.1 How cases of exploitation are found out. 6.2 Victim identification. 6.3 Assisting victims of human trafficking within the official system of assistance. 6.4 Victims’ experiences and views regarding assistance and help. Chapter 7: Criminal investigation and court proceedings. 7.1 Which unit is responsible for the investigation? 7.2 The length of the investigation. 7.3 Interrogation. 7.4 Problems regarding the evidence. 7.5 Difficult crime labels and elements of crimes. 7.6 Prosecution and non-prosecution. 7.7 Lenient sanctions. 7.8 The satisfaction of the victims and its impact on the criminal justice process. CHAPTER 8: WHAT IS TRAFFICKING FOR FORCED LABOUR? 8.1 The definition of human trafficking. 8.2 Examples from other countries. 8.3 Conclusions related to the definition. CHAPTER 9: SUMMARY AND RECOMMENDATIONS. Sources and references. TRAFFICKING FOR FORCED LABOUR IN POLAND. (Zbigniew Lasocik & Lukasz Wieczorek) . CHAPTER 1: INTRODUCTION AND TERMINOLOGY. CHAPTER 2: THE POLISH CONTEXT. 2.1 Social context. 2.2 Legal context. 2.2.1 The Constitution of the Republic of Poland. 2.2.2 Polish Penal Law. 2.2.3 Institutions dealing with trafficking in persons. CHAPTER 3: DATA AND METHODS. 3.1 Research questions. 3.2 Data and methods used. 3.3 Ethical questions related to the research. CHAPTER 4: ANALYSIS OF RESEARCH RESULTS. 4.1 General information about the forced labour phenomenon in Poland. 4.2 Modus operandi of the perpetrators. 4.3 Who are the victims? 4.4 Who are the perpetrators? 4.5 Working conditions and salary. 4.6 Means of control used against the victims. 4.7 Economic sectors affected. 4.8 The legal status of the victims in the country of destination. 4.9 Other related phenomena – agency or leased workers. 4.10 Impacts of the recession. CHAPTER 5: LAW IN PRACTICE AND LAW IN ACTION, I.E. HOW THE JUSTICE SYSTEM AND LAW ENFORCEMENT DEFINE FORCED LABOUR. 5.1 The difficulty of defining human trafficking. 5.2 How the courts and prosecutors defined human trafficking for forced labour. CHAPTER 6: SHORT DESCRIPTION OF THE SYSTEM OF ELIMINATION OF TRAFFICKING IN HUMAN BEINGS FOR FORCED LABOUR. 6.1 Prevention. 6.2 Identification of victims. 6.3 Prosecution of the offence of trafficking in human beings for forced labour. 6.4 Punishing of the offence of trafficking in human beings for forced labour. 6.5 Assistance to victims. CHAPTER 7: HOW TO DO A STUDY ON TRAFFICKING FOR FORCED LABOUR. 7.1 General remark. 7.2 Interviews with experts (mostly law enforcement and state officials). 7.3 Official data from all possible institutions. 7.4 Press analysis. 7.5 Criminal cases – law in action studies. 7.7 Interviews with perpetrators. 7.8 Public opinion polls. CHAPTER 8: CONCLUSIONS AND RECOMMENDATIONS. Literature. Specific sources of information referred to in Chapter. List of interviewed experts. TRAFFICKING FOR FORCED LABOUR AND LABOUR EXPLOITATION IN ESTONIA. (Maris Kask & Anna Markina) . CHAPTER 1: INTRODUCTION. CHAPTER 2: BACKGROUND AND LEGISLATIVE FRAMEWORK. 2.1 National definitions. 2.2 Reflections on the current national situation. 2.2.1 Trafficking for forced labour and labour exploitation. 2.2.2 The relevant criminalisations and offences used to prosecute trafficking for forced labour and labour exploitation. CHAPTER 3: DATA AND METHODS. 3.1 Research questions. 3.2 Data and methods used. 3.2.1 Interviews. 3.2.2 Court verdicts and pre-trial investigations. 3.2.3 Other relevant data. 3.2.4 Media reports. 3.2.5 Seminars. 3.2.6 Analysis of data. 3.3 Ethical questions related to the study. CHAPTER 4: LEGISLATIVE ANALYSIS. 4.1 Procedural issues of labour exploitation cases. 4.1.1 Barriers to criminal proceedings. 4.1.2 Identification of relevant cases. 4.2 Lack of the legislation. 4.3 Legislation amendments and developments. 4.3.1 Aliens act. 4.3.2 Penal code. CHAPTER 5: PROBLEMATISATION OF HUMAN TRAFFICKING FOR FORCED LABOUR AND LABOUR EXPLOITATION. 5.1 Media analysis. 5.1.1 Presentation of the labour migration issue. 5.1.2 Presentation of the victims of trafficking for labour exploitation. 5.1.3 Possible solutions. 5.2 Labour migration to Estonia. 5.2.1 Evaluation of the extent of labour migration to Estonia. 5.2.2 Awareness raising. 5.2.3 The number of irregular immigrants coming to Estonia is growing. 5.2.4 Push-pull factors. 5.3 Labour migration from Estonia. 5.3.1 Push-pull factors. 5.3.2 Main destination countries and sectors involved. CHAPTER 6: THE NATURE OF EXPLOITATION. Recruitment. 6.1.1 Labour facilitation companies. 6.1.2 Other recruitment methods. 6.2 Elements of exploitation. 6.2.1 No work in the destination country. 6.2.2 Actual work differs from the promised one. 6.2.3 No written contract or double contract system. 6.2.4 Sub-standard housing conditions. 6.2.5 Threats. 6.2.6 Physical violence. 6.2.7 Sub-standard wages, delayed wages or no wages. 6.2.8 Long working hours. 6.2.9 Retention of passport. 6.3 Vulnerabilities of victims. 6.3.1 Socio-economic background. 6.3.2 Language skills. 6.3.3 Awareness of rights. CHAPTER 7: INSTITUTIONS AND AUTHORITIES DEALING WITH HUMAN TRAFFICKING. 7.1 Citizenship and migration division of police. 7.2 Centre of extradition. 7.3 Estonian embassies abroad. 7.4 Labour market organisations. 7.5 Police. 7.6 Prosecutor’s office. 7.7 The Labour inspectorate. 7.8 Trade unions. CHAPTER 8: SUMMARY AND RECOMMENDATIONS. 8.1 Summary. 8.1.1 Problems encountered during the study. 8.1.2 Main findings. Recommendations. REFERENCES. TRAFFICKING FOR FORCED LABOUR: PROJECT SUMMARY AND CONCLUSIONS. (Anniina Jokinen & Natalia Ollus) . Summary of project activities. Pilot methodology. Summary of the research findings. Conclusions and recommendations. Literature. Annex 1: Pilot methodology table. Annex 2: Infopaper for Expert Interviews (Template). Annex 3: Thematic Interview Template for Expert Interviews. Annex 4: Infopaper for Victim Interviews (Template). Annex 5: Thematic Interview Template for Victim Interviews. Annex 6: Questionnaire of analysis of criminal cases in Poland. Annex 7: Questionnaire for the interviews with the victims of forced labour and for court cases analysis in Poland.