2010 Olympics:
Foreign Sex Trafficking not really the main Concern
– It’s About forced labour
Notes for An Address by Senator Mobina Jaffer
My initial involvement on the issue of Human Trafficking goes back to 2005, when I sponsored Liberal government legislation Bill C-49. This legislation provided essential tools for the RCMP to combat human trafficking in Canada. The bill created three new criminal offences to specifically address trafficking in persons.
Since this time, I’ve worked with NGO’s internationally on issues to combating human trafficking surrounding the 2004 World Cup in Germany. On this note I’d like to acknowledge recent visit to Canada of visit of Belgium colleague and NGO director Patsy Sörensen, I was pleased to welcome her to Ottawa and collaborate on work projects with her. In the aftermath of her trip to Canada I will be working with her on international issues of human trafficking, and helping her to address and find answers for the many concerns she has about human trafficking in Canada.
Today my efforts in this area include work with local NGO’s, community stakeholders and all levels of government to address shortfalls within the current legislative framework to ensure better protection for trafficking victims.
Earlier this year, I was appointed the Vice-Chair of the Senate’s Human Rights Committee. In this capacity, I have raised and forced issues related to human trafficking and the sexual exploitation of persons on to the Senate agenda.
This work has been met with success, as the Senate’s Human Rights Committee will shortly commence an in-depth study on the issue of the sexual exploitation of persons, with particular emphasis on children, including questions of trafficking in children, prostitution, sex tourism, pornography, and the sexual exploitation of children on the internet.
This Senate study will have national and international focuses: the committee will delve into the some of the issues I’ve mentioned doing case studies of some of the global “hot spots” for this exploitation, specifically Latin America, and Eastern Europe (Romania and the Ukraine).
I am also working to insure the federal government develops and adopts a plan to combat the increased potential for human trafficking resulting from Vancouver hosting the 2010 Olympics. This issue has been highlighted by the provincial government and many municipal governments in British Columbia as a concern leading up to the 2010 Games.
It is this work that brings me here today. In particular I would like to tell you about the results of a study conducted through my office. The outcome of this research -- I believe -- is a better understanding of the realistic potential for an increase in domestic sex-trafficking and other forms of trafficking in anticipation of and during the 2010 Olympic Games.
The raw data collected over the past year for this research indicates that human trafficking of foreign nationals for the sex trade is not likely to occur or increase as a result of Vancouver hosting the Olympics. However domestic sex trafficking, that which is perpetuated by pimps, will likely increase significantly in anticipation of the Olympics. Aboriginal women, already vulnerable to this type of exploitation, will not excessively be targeted for human trafficking, but will -- by virtue of their vulnerability -- be trafficked domestically.
“Domestic sex trafficking” will most likely increase significantly in anticipation of the Olympics. The existing criminal structure, ease of travel within Canada and between Canada and the U.S., as well as established networks and accommodation make this likely. Pimps are likely to recruit new girls prior to the Olympics and move existing women to Vancouver for the duration of the games.
My research indicates that trafficking of foreign nationals for the sex trade, which was a huge concern for other Olympic Games, will not be a concern for Canada during or leading up to the Olympics. Reasons for this are that it is simply not profitable. The Olympics will take place over a short time and the costs associated with the lack of available accommodation, the price of renting space, combined with the travel costs of illegally transporting persons from Asia far outweighs any profit that might be made by this activity.
The Primary concern regarding the 2010 Olympics is the construction industry. It was highlighted as the main venue for trafficking and abuse of foreign nationals.
The Games have already had a significant impact on the construction industry in Vancouver. A significant amount of Olympic spending by the BC government is destined for the construction industry, projects include: residential, non-residential and road construction. The outcome of this work will be essential sports and communications facilities, housing in Whistler and Vancouver, transportation infrastructure, as well as upgrades and renovations to existing facilities.
About 55,000 “person years” of employment are expected to be created between 2008 and 2015 as a result of the Olympics. Employment will be spread over several sectors including accommodation, retail, business and entertainment, but a significant number of the hours fall within the construction industry.
Concern over forced labour in Canada is not new – Canada is gaining a reputation internationally for exploiting temporary foreign workers to our country. Many contractors have chosen to rely on immigrant labour in order to meet the work demand. Over the past year alone, numerous of cases have been reported in Vancouver of exploitive work conditions and abusive employers in the construction industry.
Several articles on this subject have been written by the British Columbia and Yukon Territory Building and Construction Trades Council (BCTC) on their dealings with the “RAV Line” workers – primarily Latin American construction workers brought into Vancouver to work on the new “Canada Line” of Vancouver’s Sky train, which will link the city centre to the airport in Richmond, BC.
The BCTC noted that although promised approximately $40-50,000 per year, with extended work hours (66 per week) workers were being paid $1,100 per month, equally approximately to $3.77 per hour in their first month of work. Workers in this case were asked to sign contracts entirely in English and BCTC indicated that after the union became involved, some workers received a significant increase in their paycheques without explanation. Meals and accommodation had also been deducted from the workers wages, despite the fact that it contravenes the BC Employment Standards Act, section 20, a practice that Citizenship and Immigration deemed as acceptable. The hiring and treatment of these workers is a prime example of exploitative labour conditions.
Another recent example of exploitation occurred with other workers in Vancouver brought from the Philippines for North Vancouver’s “Water Tunnels” project. These temporary foreign workers were found to be living in squalid housing conditions, eight men in a two bedroom apartment, and still having $817 per month deducted from their wages for “meals and accommodation”.
The workers indicated they had been intimidated by JadCan, the company through which they were recruited, so they didn’t complain until the project was discontinued and the workers were left without any income. These stories indicate the pressing need to discuss this form of exploitation, particularly given the relationship between these contracts and the pending Olympic Games.
One might ask how this situation happens, given that Canadians have such high human rights standards. The explanation starts with a discussion the few options immigration options available for low skilled workers to work in Canada.
The federal government offers the “Temporary Foreign Work Program”, which is implemented by issuing a temporary work visa, or through special programs designed to bring in agricultural (Seasonal Agriculture Work Program) or domestic workers.
Construction work does not have a special program, and when a company wants to hire a foreign national it must obtain a Labour Market Opinion from Human Resources and Skills Development Canada that indicates that the company advertised and there were no suitable Canadian candidates for the position. Under these circumstances a foreign worker can come to Canada for up to two years. While here the temporary foreign worker is not able to work for any other employer, if he or she wishes to change employers they must apply for a new temporary work visa.
Currently, although construction workers and other tradespersons are brought into Canada by the thousands, they are excluded from participating in any immigration scheme that would lead to permanent residency.
The conditions these foreign workers find themselves in while they are here in Canada is disturbing. They find themselves with significantly lower wages than promised to them during recruitment, and often very different working conditions than what was agreed upon. It is typical that they may find out upon arrival in Canada that the job no longer exists, racist and exploitative behavior by employers and co-workers, and threats of imprisonment and deportation if the worker complains.
Threats of sending a worker back home are used to keep the temporary foreign worker compliant and productive. These workers are subject to arbitrary and shifting employment conditions with little ability to defend themselves or seek alternative employment.
These issues will only grown in number, as the rapid growth of the Temporary Foreign Worker program has encouraged additional abuses in the system.
One such abuse is the rise of “Labour Broker” agencies. They operate under the guise of employment and immigration agencies, but are looking to exploit foreign workers. Stories abound about them charging workers directly for their “services”, and often asking for fees upfront and arranging loans in the foreign worker’s country of origin. These agencies will lie: foreign workers have been falsely told the temporary foreign worker program was the first step in achieving permanent residency in Canada.
This practice is in contravention to the Temporary Worker Program, but rarely prosecuted due to the fact that many of these employment service companies are not Canadian, and regulations are vague and cross between immigration, employment and consumer protection laws. Immigration consultants are required to act in accordance with regulations stipulated by the Canadian Society of Immigration Consultants, employment consultants are not. This is obviously an issue. In Alberta labour exploitation cases have chronicled how Temporary Foreign Workers paid between $3,000 and $10,000 directly to these types of recruiters. Their debt was deducted from paycheques. This abuse is not reported out of fear of losing their jobs and being deported.
A criticism of the federal government has been that it often doesn’t respond to complaints regarding foreign labour exploitation. The position here is that responsibility for labour abuses falls under provincial responsibility, but there is a very real gap in protection. Temporary Foreign Workers are not covered adequately by these provincial employment standards laws and regulation.
Additionally, there isn’t the cooperation necessary for the protection of these workers between the federal government and the provinces. Shouldn’t there be an official agreement obligating the federal government to tell the provinces who, when and how many people are arriving as temporary foreign workers and live in care givers? It is an issue that employment standards branches across the country do not have information necessary to check on this type of worker.
Investing in education for these workers is essential. Mandatory orientation should be done upon the Temporary Foreign Worker’s arrival. Notifying individuals about their rights as well as educating them about the procedure of changing employers would equip them better for their work experience in Canada.
The precarious immigration status of the foreign worker in Canada is used much the same way that occurs with foreign sex-workers. It is used to prevent Temporary Foreign Workers from complaining about seriously substandard wages, horrendous living accommodations and failure to abide by contracts. Often this is not seen as a “human trafficking issue”, but it is a form of exploitation and has all the same characteristics.
What is required of Canada in anticipation of the 2010 Olympic Games is a shift in attitude about what trafficking in this country looks like, who the “perpetrators” are, and whose responsibility it is to address the various problems.
We must roll up our sleeves and get to work to address issues of domestic sex-trafficking-- especially that of our vulnerable aboriginal girls. We must also address the issues surrounding forced labour leading up to the Olympics. It is a stain on the fabric of our country. Our Country’s troubles over these issues will only intensify as we get closer to these Games, and I can tell you they certainly won’t disappear when the Olympics are over.
Combating Human Trafficking – Recommendations:
· Memoranda of Understanding should be immediately drafted between various border, law enforcement and victim service agencies in order to better identify persons who are trafficked. Panels should be created to determine whether or not an individual is trafficked and legal counsel should be provided.
· Legal counsel should be provided through joint funding by the Canadian and provincial governments for services to all exploited migrants.
· Mandatory orientation should be provided by appropriate immigrant-serving agencies to Temporary Foreign Workers on their arrival in Canada, addressing, employment, housing and human rights;
· All provinces should enact legal provisions against the charging of fees to employees for employment recruitment;
· The federal government should immediately create an offence under IRPA for charging of excessive and unreasonable fees for settlement services by both licensed and unlicensed immigration consultants;
· The federal government should immediately create an offence under IRPA of charging fees to foreign nationals for finding employment in Canada. Such offence should have extra-territorial jurisdiction and should not be limited to offences committed against individuals seeking to immigrate to Canada or recruiting on behalf of Canadian employers;
· Programs should be immediately implemented providing accessible options to allow low-skilled Temporary Foreign Workers for permanent residency after a reasonable length of working experience in Canada.
· Guidelines should be immediately produced by CIC to clarify that Temporary Residency Permits may be issued even when a foreign national is entitled to other legalized status within Canada.
· Police, social services, crown prosecution service and anti trafficking advocates should explicitly acknowledge the “pimping” in the Lower Mainland is a form of trafficking in persons. Law enforcement should focus on currently known “pimps” operating street trade in Vancouver, with a view to identifying and assisting women and girls unable to easily exit the control of these operators;
· Programs should be designed to specifically target trafficked persons address the particular needs of the individual. These needs may include legal, counsel, immigration services, addiction services where appropriate, exit processes where appropriate, education and appropriate income replacement programs. Such programs must also account for the race and community of the trafficked person;
· Particular training programs should be designed and implemented prior to January 2010 for all Lower Mainland CIC and CBSA officers on the forms of trafficking they might encounter in relation to the Olympic Games, including force labour of both adults and children. These programs should include information on the purpose of the Temporary Residency Permits, explicit acknowledgment of race and community issues, and should b delivered personally by knowledgeable staff. The federal government should provide funding for CIC to hire specialists to conduct the training if necessary.
· Restructure the Seasonal Agriculture Work Program and the Temporary Foreign Worker program to allow workers to move more feely from one employer to another within the their programs. Employees should be issued occupation specific permits rather than employer specific permits.
· Canada should sign the UN International Convention on the Protection of the Rights of all Migrant workers and Members of their families. Canada should sign on to this convention, which is compatible with the Canadian charter of Rights and Freedoms, in guaranteeing fundamental rights to all people in Canada, including migrants.