Periodic Reporting for period 4 - HumanTrafficking (Human Trafficking: A Labor Perspective)
Reporting period: 2022-10-01 to 2023-03-31
Human trafficking (HT) has garnered significant attention over the past two decades, but the legal instruments developed to combat it have largely failed to address the underlying conditions and structures that facilitate it. Consequently, current anti-trafficking (AT) efforts benefit only a small fraction of trafficked persons. This ERC project – “TraffLab” - contributed to transforming the research on trafficking and formulating AT policies by reconceptualizing exploitation within the context of trafficking from an exceptional crime to a phenomenon paradigmatic of precarious labor market practices in a globalized economy. The project also aimed to shift the focus from individualized approaches such as criminal law, border control, to structural labor-market-based strategies that reduce vulnerability to exploitation. These shifts combine to represent the three innovative approaches—conceptual, methodological, and normative—at the project’s core.
The theoretical component involved a paradigm shift, highlighting the structural causes of HT. Methodologically, the project developed new tools to investigate exploitative labor practices in the global economy. The case studies incorporated interdisciplinary qualitative analyses of innovative measures implemented in different jurisdictions.
The project employed various methodologies, such as participatory action research, qualitative interviews and document analysis. A significant methodological innovation was the operation of a "clinical laboratory" in collaboration with TAU's Workers Rights Legal Clinic (Clinic), utilizing labor-based tools. This "laboratory" served as an empirical methodology to further examine the efficacy of such tools in combating trafficking within a specific jurisdiction (Israel).
Normatively, the project's outputs suggested new avenues for regulation at the local, national, and international levels, as well as grassroots activism in the fight against HT. By evaluating existing strategies, the project aimed to provide innovative tools for effective anti-trafficking policies.
The theoretical component involved a paradigm shift, highlighting the structural causes of HT. Methodologically, the project developed new tools to investigate exploitative labor practices in the global economy. The case studies incorporated interdisciplinary qualitative analyses of innovative measures implemented in different jurisdictions.
The project employed various methodologies, such as participatory action research, qualitative interviews and document analysis. A significant methodological innovation was the operation of a "clinical laboratory" in collaboration with TAU's Workers Rights Legal Clinic (Clinic), utilizing labor-based tools. This "laboratory" served as an empirical methodology to further examine the efficacy of such tools in combating trafficking within a specific jurisdiction (Israel).
Normatively, the project's outputs suggested new avenues for regulation at the local, national, and international levels, as well as grassroots activism in the fight against HT. By evaluating existing strategies, the project aimed to provide innovative tools for effective anti-trafficking policies.
We achieved significant milestones in developing and advancing a labor approach to combating HT. We successfully met our objectives in establishing theoretical foundations, conducting case studies, collaborating with the Clinic, and formulating normative analyses and policy recommendations. We published 2 edited journal volumes and 29 journal articles and book chapters. At least 11 additional articles were accepted for publication or are under review, and a new edited book is in progress. We produced 10 policy papers, some distributed widely and others tailored for specific policy processes. In addition to academic research, we actively engaged in public outreach and knowledge dissemination. We held 21 events and participated in over 50 other events, as well as policy roundtables, training sessions, and media appearances. In recognition of our active public engagement, TraffLab was shortlisted for the ERC Public Engagement with Research award in 2022.
Theoretical Foundation: We laid the necessary theoretical foundations by conceptualizing HT as a severe form of labor market exploitation stemming from structural factors, as presented in various publications and reports. Notably, the project's principal investigator (PI) authored a book-length article in TAU L. Rev. (2021), the most extensive piece in Israel on the topic, since cited in several labor court decisions regarding the structural vulnerability of migrant workers.
Case Studies Analysis: Our project focused on the areas of Migration Governance, Corporate Social Responsibility, Employment Legislation, and Unionization. We published articles and reports within each area and edited 3 academic volumes addressing the first 3. We also developed research in partnership with a union and workers' organization in Maharashtra, India, specifically focusing on collective action. One prime example for our research is an edited volume published in Theoretical Inquiries in Law (2022) focusing on the rise of Bilateral Labor Agreements (BLAs). The volume, co-edited by the PI, research fellow Tamar Megiddo, and Adam Chilton of the University of Chicago and including contributions from 6 team researchers, scholars from 7 countries and 5 disciplines, establishes the study of BLAs as a field of inquiry in law. It provides insights into the potential and limitations of BLAs in improving the working conditions of vulnerable migrant workers in both sending and receiving countries.
Normative and Policy Prescriptions: Our research produced several articles and reports that translate our theoretical and empirical advancements into normative policy prescriptions. Of particular impact is "An Alternative Anti-Trafficking Action Plan: A Proposed Model Based on a Labor Approach to Trafficking", which outlines a comprehensive policy vision and clear policy prescriptions. The Plan, edited by the PI and visiting researcher Maayan Niezna, and co-authored by 10 TraffLab members, has received media coverage and sparked public events and policy roundtables. By changing the discourse surrounding HT measures, the Plan provides stakeholders with a new policy toolkit. The launch of the English translation featured the UN Special Rapporteur on Trafficking.
Theoretical Foundation: We laid the necessary theoretical foundations by conceptualizing HT as a severe form of labor market exploitation stemming from structural factors, as presented in various publications and reports. Notably, the project's principal investigator (PI) authored a book-length article in TAU L. Rev. (2021), the most extensive piece in Israel on the topic, since cited in several labor court decisions regarding the structural vulnerability of migrant workers.
Case Studies Analysis: Our project focused on the areas of Migration Governance, Corporate Social Responsibility, Employment Legislation, and Unionization. We published articles and reports within each area and edited 3 academic volumes addressing the first 3. We also developed research in partnership with a union and workers' organization in Maharashtra, India, specifically focusing on collective action. One prime example for our research is an edited volume published in Theoretical Inquiries in Law (2022) focusing on the rise of Bilateral Labor Agreements (BLAs). The volume, co-edited by the PI, research fellow Tamar Megiddo, and Adam Chilton of the University of Chicago and including contributions from 6 team researchers, scholars from 7 countries and 5 disciplines, establishes the study of BLAs as a field of inquiry in law. It provides insights into the potential and limitations of BLAs in improving the working conditions of vulnerable migrant workers in both sending and receiving countries.
Normative and Policy Prescriptions: Our research produced several articles and reports that translate our theoretical and empirical advancements into normative policy prescriptions. Of particular impact is "An Alternative Anti-Trafficking Action Plan: A Proposed Model Based on a Labor Approach to Trafficking", which outlines a comprehensive policy vision and clear policy prescriptions. The Plan, edited by the PI and visiting researcher Maayan Niezna, and co-authored by 10 TraffLab members, has received media coverage and sparked public events and policy roundtables. By changing the discourse surrounding HT measures, the Plan provides stakeholders with a new policy toolkit. The launch of the English translation featured the UN Special Rapporteur on Trafficking.
TraffLab research methods facilitated significant methodological innovation through collaborative, international, and interdisciplinary approaches. These methods also emphasize strong connections to actors on the ground and impacted communities, as well as effective science communication, particularly targeting policy makers. Trafflab’s research methods have several characteristics that take our research beyond the state of the art in this field.
The international and interdisciplinary composition of our research team has been a key factor in enabling methodological innovation. The team's academic rigor attracted scholars from around the world. This collaborative environment has fostered multifaceted and rich understandings of HT, establishing our research and policy engagement as a fertile and rigorous academic hub.
Furthermore, our research emphasizes cooperation with impacted communities and civil society organizations, making it relevant to the lives of many individuals and of interest to policymakers and the public. The Clinic, operating as part of TraffLab, has played a crucial role in advancing a labor approach to trafficking in practice. For instance, the Clinic provided legal assistance to Israel's first sex workers organization, led significant constitutional litigation concerning harmful migration programs in agriculture and construction, and represented exploited migrant construction workers, cleaners, and farmworkers in the Israeli labor courts. Through these activities, the Clinic has developed a novel legal argument of 'offensive employment' amounting to HT. The Clinic also established a hotline for employers of migrant care workers, offered legal counsel to the first cleaners cooperative in Israel, and supported unionization efforts of Palestinian factory workers. These cases not only provided empirical data but also fostered strong relationships with impacted communities, enabling us to answer the research questions that animate the project regarding the potential and the limits of labor-based tools to combat HT.
The combination of international and interdisciplinary collaboration and engagement with impacted communities laid the foundation for our innovative theoretical developments, as well as our public and policy outreach. Our close involvement with impacted communities offered unique insights into the lives and struggles of HT victims, as well as the policy processes addressing their needs and vulnerabilities. Moreover, our research methodology enabled us to identify gaps between the law and its implementation, recognize the structural causes of vulnerability, and understand the ways vulnerable workers can either resist or succumb to exploitation. TraffLab actively collaborated with various organizations, communities and government officials, engaging in conferences, policy reports and research development in Israel and abroad. Our international reach is exemplified by notable keynotes at project events, including the UN Special Rapporteur on Trafficking, the Vice President of the European Parliament, and the Secretary of Labor and Employment in Maharashtra, India.
The international and interdisciplinary composition of our research team has been a key factor in enabling methodological innovation. The team's academic rigor attracted scholars from around the world. This collaborative environment has fostered multifaceted and rich understandings of HT, establishing our research and policy engagement as a fertile and rigorous academic hub.
Furthermore, our research emphasizes cooperation with impacted communities and civil society organizations, making it relevant to the lives of many individuals and of interest to policymakers and the public. The Clinic, operating as part of TraffLab, has played a crucial role in advancing a labor approach to trafficking in practice. For instance, the Clinic provided legal assistance to Israel's first sex workers organization, led significant constitutional litigation concerning harmful migration programs in agriculture and construction, and represented exploited migrant construction workers, cleaners, and farmworkers in the Israeli labor courts. Through these activities, the Clinic has developed a novel legal argument of 'offensive employment' amounting to HT. The Clinic also established a hotline for employers of migrant care workers, offered legal counsel to the first cleaners cooperative in Israel, and supported unionization efforts of Palestinian factory workers. These cases not only provided empirical data but also fostered strong relationships with impacted communities, enabling us to answer the research questions that animate the project regarding the potential and the limits of labor-based tools to combat HT.
The combination of international and interdisciplinary collaboration and engagement with impacted communities laid the foundation for our innovative theoretical developments, as well as our public and policy outreach. Our close involvement with impacted communities offered unique insights into the lives and struggles of HT victims, as well as the policy processes addressing their needs and vulnerabilities. Moreover, our research methodology enabled us to identify gaps between the law and its implementation, recognize the structural causes of vulnerability, and understand the ways vulnerable workers can either resist or succumb to exploitation. TraffLab actively collaborated with various organizations, communities and government officials, engaging in conferences, policy reports and research development in Israel and abroad. Our international reach is exemplified by notable keynotes at project events, including the UN Special Rapporteur on Trafficking, the Vice President of the European Parliament, and the Secretary of Labor and Employment in Maharashtra, India.