SLIDE 1
Stating the issue
- Access to remedy for trafficked persons still challenging in Europe
- Can corporate liability improve access to remedy?
- To which extent is corporate liability regarding trafficking in human beings for
SEARCHING FOR ACCOUNTABILITY OF THE PRIVATE SECTOR FOR TRAFFICKING - - PowerPoint PPT Presentation
SEARCHING FOR ACCOUNTABILITY OF THE PRIVATE SECTOR FOR TRAFFICKING - - PowerPoint PPT Presentation
SEARCHING FOR ACCOUNTABILITY OF THE PRIVATE SECTOR FOR TRAFFICKING IN HUMAN BEINGS IN EUROPE Julia Planitzer, Ludwig Boltzmann Institute of Human Rights International Round Table Preventing and Combating Child Traffic and Exploitation in
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SLIDE 3
How can we establish liability of companies for labour exploitation?
COUNTRY ALB AND ARM AUT AZE BEL BIH BGR HRV CYP DNK FRA FIN GEO DEU HUN ISL IRL ITA LVA LTU LUX MLT MDA MNE NLD NOR POL PRT ROM SMR SRB SVK SVN ESP SWE CHE MKD UKR GBR 1
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- Council of Europe’s Monitoring Mechanism GRETA: Country Reports –
Overview
- In total 49 reports (40 in the 1st round + 10 in the 2nd round, as of 26
September 2016)
- Indication of cases related to corporate criminal liability concerning
THB: four countries
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Would exploited persons benefit from it?
- Few cases identified in Europe: Belgium, Cyprus, UK, Slovenia,
Romania
- Cyprus
- Application of corporate criminal liability in relation to trafficking in
human beings
- Poultry farms in Nicosia district
- Exploitation of workers from India
- Huge sum to be paid upfront, monthly salary of around 500 Euro promised
- Salaries for up to ten months withheld, threatened to be deported
- Company convicted for THB, fine of €126.000 (No. 36876/12
‘Chief of Police of Nicosia v. Comet Hatcheries LTD‘)
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Would exploited persons benefit from it?
- Belgium
- Application of corporate criminal liability in chain
- Examples: Carestel-case (First Instance Court of Ghent, 5
November 2012), Quick-case (First Instance Court of Brussels, 25 May 2016)
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Corporate criminal liability in chains
Company A subcontracts services to company B. Company B exploits workers. Liability of company A (as accomplice)
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Can corporate liability improve access to remedy?
- Exploited person should (still!) be in the country/trafficked
person plays essential role (e.g. Belgium, Austria)
- Criminal procedure against company disadvantageous for
exploited persons: not heard anymore in court (Cyprus)
- Focus on sanctioning the company: link between
sanctioning the company/employer and compensating the exploited person not sufficiently established
- Assets confiscated (in case of criminal corporate liability) not
necessarily used to compensate exploited person (Belgium)
- Legal gaps concerning corporate criminal liability in
subcontracting/supply chains (Belgium, further clarification necessary)
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