‘I Felt Like She Owns Me’: Exploitation and Uncertainty in the Lives of Labour Trafficking Victims in Ireland

Abstract

Although the law relating to 'modern slavery' has received increased attention in recent years, the perspectives of labour trafficking victims rarely feature in the literature. The article explores how this vulnerable group experiences the Irish anti-trafficking regime in practice. Drawing on 15 semi-structured interviews, it shows that victims of labour trafficking in Ireland receive minimal assistance from the State at every stage of the trafficking cycle, from prevention and identification to seeking redress for harms suffered. The lived experiences of the participants cut across the spheres of employment, criminal and immigration law, stretching well beyond the 'silo' of the anti-trafficking framework. The article concludes by suggesting that victims' perspectives are an essential part of evidence-based policy responses to the multi-faceted phenomenon of severe labour exploitation, as well as a comprehensive analytical framework. It agrees that existing critiques of the anti-trafficking paradigm are well-founded, but argues that they should also take account of the practical benefits for individuals who are granted 'victim of trafficking' status.

Similarities and differences between human trafficking and domestic violence

“…A legtöbb kutatás a szexuális célú kizsákmányolás, a prostitúcióra kényszerítés feltárására törekszik (Fehér, 2005, 217.). A munka célú kizsákmányolásról még kevesebb adat áll rendelkezésre, sajnálatosan kevés tanulmány készült ezzel a problémával kapcsolatban annak ellenére, hogy nemzetközi és nemzeti szinten is mutatkoznak egyre aggasztóbb jelek (Doyle et al, 2019). Az idézett uniós adatok szerint emberkereskedelem tekintetében Magyarország sajnálatos módon az öt kibocsátó ország között van.…”

‘Still Waiting’ for Justice: Migrant Workers’ Perspectives on Labour Exploitation in Ireland

“…Key practical benefits afforded to officially identified suspected victims of trafficking, for example, include permission to remain and work in Ireland and accommodation in the immediate aftermath of escaping exploitation. 58 Suspected victims of trafficking are referred to the Legal Aid Board, which provides basic legal advice (although not full legal representation) on seeking redress through the employment protection legislation. 59 The difference in treatment is particularly stark for exploited irregular migrant workers who, as explained in the previous section, will most likely be legally barred from enforcing employment rights.…”

“…Non-EU migrant workers identified as potential or suspected victims of labour trafficking (referred to in this article as 'severe exploitation'); (ii) Non-EU migrant workers who had experienced employment breaches falling short of the threshold of severity required for victim of trafficking status (referred to as 'routine exploitation'). 10 This article analyses the participants' experiences of the Irish employment law framework under five headings: working conditions and types of labour violations experienced; means of control used by employers; experiences of labour inspections; barriers to reporting via the employment enforcement authorities and seeking redress. Following a brief overview of the theoretical context of the work, the article outlines the factual, legal and policy background in Ireland.…”

Utilising ‘modern slave’ narratives in social policy research

“…Sean had in common with other victims of forced labour a mistrust of the police as well as confusion about his legal position (Doyle et al, 2018). Particularly significant too is Sean's lack of awareness of his criminal exploitation which is characteristic of forced labour: … all I heard was screeching and all the handbrakes coming up…it was just like police everywhere and I went "Shit."…”

“…Finally, dramatic effect comes from Sean’s narration of the unexpected rescue operation by the police, which again uses reported speech to establish its veracity. Sean had in common with other victims of forced labour a mistrust of the police as well as confusion about his legal position (Doyle et al, 2018). Particularly significant too is Sean’s lack of awareness of his criminal exploitation, which is characteristic of forced labour:all I heard was screeching and all the handbrakes coming up … it was just like police everywhere and I went ‘Shit.’ I thought we’d done something wrong and the police said, ‘We’re here to rescue you.…”