Slavery and forced labour are prohibited under a range of international treaties and conventions. Since 1981, slavery has been prohibited by all individual states. However slavery and forced labour remain prevalent; the 2017 Global Estimates of Modern Slavery state that on any given day in 2016, 40 million people were victims of modern slavery, including 25 million people in forced labour and 15 million people in forced marriage. The Global Estimates of Child Labour 2012-2016, published in 2017, highlights that 152 million children aged 5-17 were estimated to be child labourers. Forced labour is immensely profitable with the illicit profit estimated by the ILO in 2014 at $150 billion a year. Although some may consider it an issue for ‘developing’ states, it is a universal issue with examples coming to light in states with modern legislation designed to tackle the problem.
Article 1(1) of the 1926 Slavery Convention defines slavery as “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.” The 1956 Supplementary Convention on the Abolition of Slavery elaborates on this definition of slavery to include forms of slavery including debt bondage, serfdom, where women are enslaved through marriage in various forms, or children delivered for reward or exploitation. The Guidance issued under Section 54(9) of the UK’s 2015 Modern Slavery Act, defines slavery as ”the status or condition of a person over whom all or any of the powers attaching to the right of ownership are exercised.”+ Read more
Forced labour is the most common form of modern slavery. Although it is not the same as poor working conditions or low pay. Article 2(1) of the ILO Forced Labour Convention, 1930 (No. 29) defines forced or compulsory labour as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.” Article 1(3) The ILO Protocol of 2014 to the Forced Labour Convention, 1930 reaffirms this definition and lists measures to be taken regarding prevention, protection and remedy to eliminate all forms of forced labour.
A number of efforts have been adopted to eradicate forced labour and modern slavery. Legislative efforts include the UK Modern Slavery Act 2015, which created offences relating to slavery, servitude, forced or compulsory labour and human trafficking. The Act also established an Independent Anti-slavery Commissioner, provided enhanced protections for victims, and established provision to ensure transparency in supply chains. The Act further requires that businesses over a certain size (regulation has set this as businesses having a total turnover of over £36 million) must prepare a slavery and human trafficking statement for each financial year of the organisation. The Business and Human Rights Resource Centre has compiled publically available statements in a Modern Slavery Registry. The Australian Foreign Affairs and Aid Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade of the Parliament of Australia commenced an inquiry in 2017 into whether Australia should adopt national legislation to combat modern slavery similar to the UK approach.
The first case under the UK Modern Slavery Act 2015 was brought before the High Court of England and Wales, whereby the Court held that the defendant business had failed to pay the national minimum wage, made unlawful deductions from wages, failed to provide adequate facilities to wash, rest, eat and drink, and owed the victims compensation. The first individual convicted in the UK for a human trafficking offence was sentenced to 27 months in jail.
Further measures include the Brazilian “Dirty List” (MTE Decree No. 540/2004) where the Brazilian government runs a register publically listing employers who have been found to be exploiting workers in slave labour by the Special Mobile Inspection Group, run by the Ministry of Labour and Employment. After two years their names can be removed from the list, provided that they have paid any fines imposed, awarded any compensation to workers, and not committed further offences. Although there are no financial penalties attached to those in the list, the decree recommends that financial bodies under the Minster of National Integration do no grant those on the list “financial or any other form of assistance with resources”. As a result, in addition to appearing in the list a business “can be can also be penalised with both criminal and commercial sanctions including:
- Freezing its assets
- Denial of government subsidies
- Ineligibility to tender for government projects
- Inability to access credit through public and private financial institutions.”
In the US, aside from the well-established Federal Criminal Code, Executive Order 13627 “Strengthening Protections Against Trafficking in Persons in Federal Contracts” has been in force since 2012. The Executive Order has enhanced the responsibilities and duties of federal contractors and subcontractors to prevent human trafficking. At the internal state-level, one of the most well-known pieces of regulation is the California Transparency in Supply Chains Act 2010, which requires all retailers and manufacturers conducting business in the state, and whose annual worldwide gross receipts exceed $100 million, to report on their implementation of anti-human trafficking compliance controls. A good overview of various efforts is provided in the reports by Mike Dottridge and Zbigniew Lasocik.
Some businesses may have limited visibility on what is occurring in their own complex multi-tier supply chains as suppliers may not be entirely transparent about working conditions, they may sub-contract in breach of contract terms, or they may use unauthorized third-party recruiters. To assist businesses tackle those challenges, the Walk Free Foundation has developed Tackling Modern Slavery in Supply Chains: A Guide, which outlines step-by-step what businesses can and must do to eliminate slavery from their business. The guide provides practical guidance and tools that businesses, governments, non-governmental organisations and civil society actors can start implementing immediately, and details measures including risk assessments and supply chain mapping. Noteworthy initiatives have also been undertaken by the Fair Labor Association, KnowTheChain, and Stronger2gether, among others.
- US President Obama, Executive Order 13627: Strengthening Protections Against Trafficking in Persons in Federal Contracts
- Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups
- The California Transparency in Supply Chains Act of 2010 (SB657)
- The Modern Slavery Act 2015
- Walk Free Foundation, REPORT: HARNESSING THE POWER OF BUSINESS TO END MODERN SLAVERY, 2016
- Walk Free Foundation, THE GLOBAL SLAVERY INDEX 2016
- Walk Free Foundation: Tackling Modern Slavery in Supply Chains. Business Guide 1.0.
- Ethical Trading Initiative, Base Code
- ILO Combating Forced Labour Handbook
- Fair Labor Association:
- “Principles of Fair Labor and Responsible Sourcing”
- “Workplace Code of Conduct and Compliance Benchmarks”
- Global Reporting Initiative, “G4 Sustainability Reporting Guidelines”
- United Nations Office on Drugs and Crimes
- ILO: “Hard to See, Harder to Count: Survey Guidelines to Estimate Forced Labor of Adults and Children”:
- US, List of Products Produced by Forced or Indentured Child Labor
- “Fair Hiring Toolkit, For Suppliers: Managing Labor Recruiters and Monitoring for Ethical Recruitment and Hiring – Tool 2: Monitoring the Performance of Labor Recruiters – Introduction and Key Issues of Concern”
- “Research On Indicators Of Forced Labor: Successes, Challenges and Reflections on Future Engagement”:
- Forced Labor Commodity Atlas
- King & Wood Mallesons: Supply chain transparency – is your business ready?, 12 January 2016
- M. Dottridge: Compilation report on emerging good practices by state authorities, the business community and civil society on preventing human trafficking in the business practices and supply chains, Council of Europe, 2016
- Z. Lasocik: Study on demand reduction measures to combat trafficking in human beings for the purpose of labor exploitation through the engagement of the private sector, Council of Europe, 2016
- P. T. Maranhão Costa Fighting Forced Labour. The Example of Brazil, ILO, Geneva, 2009
- TaylorWessing: First UK company to be liable for modern slavery, 30 June 2016