migrant workers – UAB Institute for Human Rights Blog

The Wine Industry: Years of Exploitation and Human Trafficking

by Caitlin Cerillo

Have you ever had a glass of wine and wondered how it’s made? Or, pondered what it comes from and how long the wine-making process takes? Who is responsible for making it? Surely, the wine industry has been modernized, where mechanical inventions can do most of the handiwork when creating a delicious bottle of wine used for birthdays, weddings, anniversaries, and other milestone celebrations.

Unfortunately, this isn’t the case. The wine industry has had a history of exploiting its workers by forcing them to work in extremely poor conditions and grueling hours. Wine-making follows an intricate process, starting with the harvesting of grapes in vineyards. Mechanical harvesting does exist and is generally quicker than doing so by hand, as the average human can harvest 1-2 tons a day, while a machine can harvest 80-200 tons. However, human harvesting is still favored because it offers a more precise selection and lessens the severity of oxidation getting to the grapes due to damaged skins.

A person picking grapes to harvest for wine. — A worker manually harvesting grapes for wine. Source: Yahoo Images

The amount of grapes needed to produce a standard-size bottle of wine varies depending on the style of wine. However, a general number given by experts is an average of 1.25 to 1.50 kilograms, or 2.75 to 3.3 pounds. With the amount of wine that is produced worldwide within just a year, this adds up to a huge demand for grape pickers to supply the lucrative wine business. In the world, there are two primary countries responsible for the largest number of wine production: Italy and France. Both countries have come under fire for unethical practices in their wine production and human rights violations that include human trafficking, exploitation, and extremely poor working/living conditions for workers.

What is Human Trafficking and Exploitation?

Human trafficking is a huge issue across the world. The United Nations Office on Drugs and Crime (UNODC) defines human trafficking as the “recruitment, transportation, transfer, harboring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit.” Human trafficking can come in many different forms, like sex trafficking, forced labor, and child sex trafficking. Victims of human trafficking can come from any kind of age group, gender, and background.

However, specific groups may be more vulnerable than others. These groups include people separated from their families or other support systems, refugees or migrant workers, sexual and gender minorities, people with disabilities, and members of lower socio-economic groups. According to the Centers for Disease Control and Prevention (CDC), human traffickers will use manipulation tactics and exploit the vulnerabilities of their victims, which is why these specific groups are at heightened risk.

Italy

In September 2021, a humanitarian organization by the name of Oxfam released a Human Rights Impact Assessment (HRIA) on the Italian wine supply chain to assess their impact on human rights. The HRIA is titled “The Workers Behind Sweden’s Italian Wine” and focuses on the primary Italian wine supply chain in Sweden, Systembolaget. The HRIA’s objectives were to perform a context analysis on Systembolaget in order to “build an understanding of the nature of the Systembolaget supply chains” and then to “identify the actual and potential human rights impacts in Systembolaget supply chains in practice.”

Oxfam’s HRIA does a great job at going more in-depth with the current human rights violations occurring in the Italian wine industry, along with the potential human rights violations that are at high risk of coming to fruition. To summarize, Oxfam found several serious violations: forced labor, low wages, excessive working hours, health and safety risks in vineyards and wineries, lack of access to remedy, restrictions to freedom of association, sexual harassment and gender discrimination, and unsanitary housing. To read more about Oxfam’s findings, follow this link.

France

France’s primary region for wine production is called the Champagne region, located roughly to the east of Paris. In late 2023, a large portion of the region was shut down by French authorities and put under investigation for human rights violations. Wine-makers in the Champagne region are migrants primarily from West African countries. It was discovered that the lodgings that provided housing to the migrant workers were of poor quality, with makeshift beds surrounded by electrical cables and extremely unsanitary bathroom facilities.

Workers picking grapes in a French vineyard. Source: Yahoo Images

The investigation also found that the contractors responsible for hiring the migrant workers exploited their vulnerabilities, as they were willing to work, even without proper contracts and for extremely low wages. At the end of the 2023 harvest season, another trafficking investigation was opened by authorities, which involved 160 laborers from Ukraine living in poor conditions in another area of the Champagne region.

South Africa

Although South Africa isn’t at the very top of the list of wine-producing countries, it has been accused of violating several human rights for years. In 2011, Human Rights Watch released a report titled “Ripe with Abuse: Human Rights Conditions in South Africa’s Fruit and Wine Industries,” detailing the problems surrounding the country’s industries. For over a decade, numerous attempts have been made to improve them, as well as conditions on farms. For instance, the Wine Industry Ethical Trade Association was created in 2002. Unfortunately, significant improvements have yet to be made to rectify the issues at hand.

South African farmworkers who supply the grapes needed for wine are vulnerable to some of the following human rights violations: exposure to pesticides and harmful chemicals, working long hours, and being forced to work in extreme weather conditions. Many farmworkers don’t even have access to safe drinking water, toilets, or livable housing. They face difficulty in forming a union to bring attention to the injustices they face. Like Italy and France, South African farmworkers receive low wages and little to no protection from the government.

The Future of the Wine Industry

There are many possible routes that can be taken to improve the working conditions for wine-makers. One of the most productive ways includes wineries turning to certifications that can help lay a groundwork for better standards, like environmental sustainability and safe working conditions. These certifications can help ensure that wineries are being held to their promises. Several wineries across the world have turned to certification efforts, like Chile’s Emiliana Organic Vineyards, which is certified under B Corp. B Corp was established in 2006, with the initiative of encouraging accountability, transparency, and environmental performance in business. Similarly, Italy has founded the Equalitas standard in 2015, which is specifically aimed at the wine industry.

Republic At Risk: COVID-19 in India

While the novel coronavirus (COVID-19) has impacted almost every corner of the globe, parts of Asia are still just beginning to see the systemic effects of the pandemic. As the second most populous country in the world, India has experienced a rise in COVID-19 cases and deaths which magnify current injustices across the country. This blog addresses India’s importance within the COVID-19 pandemic and its relationship with human rights issues concerning feeble governance, police brutality, migrant displacement, and Islamophobia.

As of late-July, over 1.4 million Indians have been diagnosed with COVID-19, while over 32,000 have died from the virus. India’s western state of Maharashtra is currently the country’s epicenter with over 375,000 confirmed cases of COVID-19. On the southern coastline, the state of Tamil Nadu has the country’s second-largest number of confirmed cases (210,000+), while the capital territory of Delhi in the northwest has recently exceeded 130,000 confirmed cases. Additionally, the southeastern state of Andhra Pradesh has confirmed over 95,000 cases of COVID-19. Interestingly, India’s most populous state, Uttar Pradesh, has only confirmed just over 65,000 cases which triggers questions about access to COVID-19 testing and essential resources throughout the country.

A National Lockdown

In late-March, the Indian government issued a nationwide lockdown that lasted two months. Inconveniently, the country’s 1.3 billion inhabitants were given less than a 4-hour notice of this initial 3-week lockdown. The effects of this tall order were apparent on day one since so many people throughout the country live on a daily wage or in extreme poverty. As food supply chains became compromised and manufacturing facilities closed, the country’s unemployment rate reached a 30-year low. All the while, facilities such as schools and train coaches have been converted into quarantine centers. These attempts have seemingly delayed the inevitable spike of COVID-19 cases. However, it is speculated that the low number of confirmed cases is the result of low testing rates.

This outcome has been attributed to lax contact tracing, stringent bureaucracy, and inadequate health service coordination, namely in Delhi where cases have recently surged. However, as India reopens, the number of confirmed COVID-19 cases has increased. Additionally, the introduction of newly-approved antigen kits have allowed for rapid diagnostic testing, although testing is not to be distributed proportionately. More specifically, family members and neighbors of people who have tested positive for COVID-19 claim they are not being tested. Also, in several instances, the family members of people who have tested positive for COVID-19 were not being informed about their loved one’s diagnosis. After much scrutiny, however, local health authorities in Delhi have attempted to pick up the pieces by using surveillance measures such as door-to-door screenings, drones, and police enforcement.

Policing the Police

While the recent murder of George Floyd sent shockwaves across the world, India has been confronting its own relationship with police violence. In June, two Tamil Nadu shopkeepers, J Jayaraj and his son Bennicks Immanuel, were arrested for keeping their business open past permitted hours during the national lockdown. They were then tortured while in police custody and died days later in the hospital. Due to this event garnering considerable attention and protesting, six police officers have since been arrested for their deaths. Also, Tamil Nadu police officers with questionable track records will now undergo behavioral correction workshops. However, this incident is no anomaly. According to the National Human Rights Commission (NHRC), nine Indians die in judicial or police custody every day. In comparison, official government crime data claims 70 people were killed in Indian police custody in 2018. This striking differential in reported custodial deaths suggests India’s law enforcement entities lack accountability and are riddled with corruption.

Much like the United States, India has a history tainted with police violence that disproportionately affects minority groups, namely people from the lowest Dalit caste, indigenous groups, and Muslims. With no choice but to work during the national lockdown, many of India’s poorest citizens were beaten by police. Videos of these violent acts surfaced across social media. In opposition, there have been over 300 reported incidents of attacks on police officers alone in Maharashtra. These recent events highlight the need for the Indian government to pass anti-torture legislation that curbs police violence. By ratifying the United Nations Convention Against Torture, the Indian government can help remove the colonial vestiges of power and punishment that have plagued the country for generations.

Migrant Displacement

The sudden announcement of a national lockdown had tremendous repercussions for the tens of thousands of daily-wage migrants throughout India. Overnight, businesses closed and transportation systems suspended throughout the country, placing many migrant workers in precarious economic conditions. Men, women, and children hunkered down in urban centers across the country as they waited for their workplaces to reopen but to no avail. In response, India’s major cities experienced an exodus of migrant workers attempting to return to their home states on foot, many living hundreds, even thousands, of miles away. As thousands trekked home, many died due to dehydration, exhaustion, sunstroke, and traffic accidents. Reports of pregnant women delivering, and subsequently carrying, their children in these horrific conditions have also surfaced.

A recent Supreme Court order has urged the well-being of India’s 100 million internal migrant workers affected by the hardships of COVID-19 by requiring the government to register, feed, shelter, and transport them until they return home. However, these efforts are seemingly inadequate because most internal migrant workers have not qualified for these “relief packages”, while those who have qualified are experiencing limited coordination between state governments. All the while, India has ended its national lockdown and many migrant workers are trying to return to their places of employment. Some employers are sponsoring the return of their lost workers, while some must find their own means to return. As such, some states have sought local help to accommodate the loss of migrant workers which places many Indians in even greater economic uncertainty.

Migrant workers walking on the shoulder of a highway during the nighttime. — The Indian Lockdown Migration – IV (PB1_4728). Source: Paramvir Singh Bhogal, Creative Commons.

Pathologizing Islam

COVID-19 in India has contributed to a surge in anti-Muslim rhetoric that suggests this religious minority group is purposely spreading the virus. The rumors began after Tablighi Jammat, a Muslim missionary group, held a congregation outside of India and, soon after, many members tested positive for COVID-19 in New Delhi. Videos on WhatsApp and various television channels have proliferated this misinformation to the Indian public alongside the usage of phrases such as “corona jihad” and “corona terrorism”. To make matters worse, the Bharatiya Janata Party (BJP)-led government, which is notorious for its Hindu nationalist sentiments, has begun incorporating Tablighi Jamaat-related statistics to its daily COVID-19 briefings. Such rhetoric has influenced a slew of Islamophobic acts such as prohibiting neighborhood entry, restricting sales by street vendors, and even violent attacks.

These recent events fuel an existing fire that posits Muslims as reproducing at a pace to outnumber Hindus and compromising “Mother India”. However, recent efforts between Muslim Indians and allies has been quick to respond to this COVID-19 misinformation because they have been protesting India’s new citizenship law that offers amnesty to various non-Muslim immigrants and a nationwide citizen count that necessitates proof of documentation dating several years back. The BJP has made it apparent that Muslims are not welcome in India and weaponized the COVID-19 pandemic as a part of its Islamophobic campaign. As such, these efforts corner Muslim Indians into political and economic insecurities that pressure apartheid at a time when unity is paramount.

Masked medical professionals walking with a crowd in the background. — coronavirus-india-rep-image-hyd. Source: Anant Singh, Creative Commons.

Human Rights in India

As displayed, India has an array of prevalent human rights issues that have compounded since the arrival of COVID-19. Among the efforts that could protect Indians from these concerns are labor protections, health care reform, civil rights for minority groups, food security, and income equality. However, Prime Minister Narendra Modi has propagated a narrative of self-reliance that undermines these systemic inequalities. Service provision has highlighted these discrepancies because resources are scarce, and those with power and privilege are placed to the front of the line. In addition, many Indians cannot abide to the recommended sanitation and social distancing measures due to living in poor, dense settlements in the heap summer when water sources are limited.

Although tearing through communities and disrupting daily life in India, the COVID-19 pandemic can be viewed as an opportunity for social change. More specifically, it is well within the power of Parliament, the media, civil society, and local governments to right these wrongs by ending communal bias and impartiality within state institutions. Addressing these corrupt and oppressive practices will not only remediate the effects of COVID-19 but help shape an equitable future for a country that is rapidly becoming a global super power and expected to be the most populous country in the world by 2027. Real change and equity in the world’s largest democracy could send a much-needed shockwave of justice across the globe.

Libya, Slavery Revisited

a statue, entitled Emancipation, of Lincoln standing over a kneeling freed slave — Emancipation statue at Lincoln Park. Source: David, Creative Commons.

A video of a slave trade in Libya presently circulates the international circuit, eliciting pleas from the international community to the UN, and the UN Security Council to Libyan government to do something to end the “heinous abuses of human rights.” Questions of the video’s validity arose when Libyan officials, based on President Trump’s go-to slogan, discredited the report as “fake news” because it is a product of a CNN investigation. However, in April, the International Organization for Migration (IOM) exposed the slave markets after staff based in Niger and Libya gathered testimonies of these markets. The trafficked individuals are migrants from Nigeria, Ghana, and Gambia seeking passage through Libya to Europe. “Migrants who go to Libya while trying to get to Europe have no idea of the torture archipelago that awaits them just over the border. There they become commodities to be bought, sold, and discarded when they have no more value.” In other words, the video confirms what the humanity already knows: human beings are trafficked and disposed of by other human beings. The Palermo Protocol defines trafficking in persons is an all-encompassing term for the recruitment, transportation, transfer, and exploitation of another for the purposes of commercial sex exploitation, labor trafficking, and organ trafficking. This blog focuses on labor trafficking, which includes domestic/manual forced migrant labor, and speaks to three issues surrounding this labor trafficking case: the international attention, the commonplaceness, and the international complicity.

The rawness of the video, in many ways, conjures images of American colonial and antebellum days gone by—when Africans were sold in markets and public squares to the highest bidder, thereby becoming property and labor on soil that was not their own. Given the fact slavery in the United States occurred nearly 400 years ago, why is this scene garnering international attention and creating a stir? First, the video provides undeniable evidence of the dehumanizing condition of slavery and the audacity of traffickers and traders. Second, it is a stack reminder that slavery, despite the Emancipation Proclamation in the US, never ended in many other regions of the world, including Libya. Lastly, it is challenges the notion of who is valuable and worth saving, and who civil society may continue to turn its back on.

It is essential to distinguish between indentured servitude and slavery. An indentured servant enters into an agreement with full acknowledgment of unpaid labor for a fixed and agreed-upon timeframe. William Mathews voluntarily made himself the servant of Thomas Windover in 1718 for the period of seven years. For his part, Windover agreed to teach, feed, clothe, and provide lodging to Mathews, who upon his release would receive “a sufficient new suit of apparel, four shirts, and two necklets [scarves].” Slavery, on the other hand, was and is about exploitation and “every sort of injustice…and debasement.” The written account of Olaudah Equiano and his family describes the feelings of betrayal and disillusionment of being “torn from our country and friends to toil for your luxury and lust of gain… Surely this is a new refinement in cruelty”. The essential difference here is the presence or absence of choice.

Choice is the thin line separating the inferior from superior, poverty and enough, and animals and human beings. Choice, whether from individual, societal, or government level–influences how we perceive. Bales, in his book, Disposable People: New Slavery in the Global Economy, offers two views of slavery: old and new. Both possess a dehumanizing element. However, old slavery prided itself on ownership and maintenance of “property”; new slavery focuses on bodies for profits. Ownership takes a backseat to the profit margin. This new slavery relies on the disposability of human beings. This reliance enables Bales to assert slavery never ended; it simply evolved. Slavery, at its core, is the theft of life. The theft of one life indirectly affects another.

Traffickers sell sex slaves on the black market, underground, and on the dark web. Bonded labor is often intergenerational in places like Pakistan and India, thus, children oftentimes are born into slavery. Migrant workers build soccer stadiums in Qatar and Brazil for FIFA World Cup and the Olympics, respectively, after fleeing poverty in their home countries. Unpaid or slightly paid workers, specifically children, sew garments for major fashion brands, grind coffee beans for industry leaders, and pick cocoa beans for chocolate bars sold in America. The major issue with labor trafficking lies in the complexity of the supply and demand chain, and the complicity of local and national government officials.

Per Free the Slaves website, of the estimated 40 million enslaved persons worldwide, 50% are forced laborers. ABC used last spring’s television show, American Crime, to bring some aspects of labor trafficking to light. The mini-series revealed the interconnectedness of an American tomato farming family and the illegal migrants they employed. In a poignant scene, a fire conflagrates the property, killing several enslaved workers trapped inside. A real-life similar incident occurred in July 2017, whereby nine migrants died in a semi-trailer at a San Antonio Walmart. Many quickly jump to the assertion that ‘they should have done it the legal way’ and ‘they are taking away American jobs’ or ‘should not seek refuge in the EU’, yet what often happens is we fail to examine the backstory and interconnections.

Libyan Arab Spring occurred in February 2011. The death of leader Colonel Muammar Gaddaffi in October 2011 by NATO forces left a vacuum for the rise of the Islamic State. Several failed attempts for parliamentary elections, crumbling infrastructure, thousands of internally displaced citizens (IDPs), and limited resources coalesce to create the perfect storm for the rise and perpetuation of trafficking in persons. Additionally, continental intrastate conflicts and civil unrest result in large migrations of IDPs and refugees desperate for a semblance of normalcy and peace. The proclivity of new slavery, unlike old slavery, is not race or religion but on “weakness, gullibility, and deprivation”. Put another way, the subjection of the trafficked is the misapplication of trust in an uncontrolled situation. Nikki Haley, in the 2017 TIPS Report, concludes that the impact of trafficking in persons is cross-cultural, leaving no country “immune from this crisis.” The slave markets of Libya are not the first occurrence and they will not be the last; however, the video makes them known.

After a month of awareness and contained outrage, where do we sit on the elimination of slave markets in Libya, specifically? The UN released a statement condemning the markets while noting Libyans have launched an investigation, and encouraging inter-regional cooperation. Amnesty International (AI) named and shamed EU governments–particularly Italy—for their collusion and complicity in creating and maintaining a system of abuse. AI discloses the three-pronged policy of containment consists of provision of assistance to run detention centers, coordination with Libyan Coast Guard to intercept and return fleeing refugees, and cooperation with leaders on the ground to halt the smuggling of seekers by increasing border controls. The Italian government, a state party to the Convention relating to the Status of Refugees and its protocol, pays to refuse refugees and asylum seekers and knowingly returns them to a foreign land for detention and torture. Libya is not a state party; therefore, signing the Convention and implementing asylum law as suggested by Dalhuisen will constitute a step in the right direction, when Libya establishes a functioning government.

The fight to end human trafficking is a global civil society (GCS) responsibility. Glasius believes GCS is a voluntary, social contract based association with others who desire to reach and include humanity to think and participate in the world as global citizens, not simply national citizens. How can one participate in GCS? First, employing social media platforms as advocacy tools. Second, reading the TIPS report and following international entities like the UN and AI will keep you informed of changes in international government strategies and shortcomings for prosecution, protection, and prevention of human trafficking. Third, shop and buy products that are fair trade by understanding the relationship between the supply and demand. Fourth, dig deep and ask questions. Lastly, look up, become aware and watch your surroundings because you, like Shelia Fedrick, could rescue a trafficked person.