This article discusses the Modern Law of Slavery (or Slavery Act), a legislation aimed to curb human trafficking (including sex trafficking), bonded or forced labour, and modern slavery. A 2016 ILO (International Labour Organization) Fact Sheet estimated ~40 million people to be victims of modern slavery, with >60% of victims involved in forced labour. The Modern Slavery Act aims to enhance transparency in reporting work conditions and disclose steps to ensure no slavery or trafficking instances have occurred in supply chains and operations of businesses’ and industries.
A. An Introduction to Modern Slavery & Key Components
Trafficking is the third largest international criminal enterprise (ILO, 2014 and Kailash Satyarthi Foundation). Trafficking includes enslaving victims for exploitation and servitude using coercive practices, leading to sexual acts (20-80%), forced labour (15-75%), organ removal (1-5%), and other acts (5-40%). Numbers in brackets indicate proportions of trafficked victims across different geographical regions. A study of demographic statistics of >6000 victims from >100 countries concluded 38% of victims to be adult males, 26% to be adult females, and 36% to be children. Sex trafficking is a major component of human trafficking. A victim of sex trafficking is one who faces prostitution or is forced into a commercial sex act or coerced to participate in sexual acts without consent. Sex traffickers are involved in activities such as transporting, providing, soliciting, or patronizing a person or group for such sexual activities. In case the affected victims are children (under the age of 18), recruiting, transporting and soliciting children for commercial sexual acts falls under “Child Sex Trafficking”, leading to devastating consequences for mental health (social ostracism, depression, long-lasting trauma) and physical health (diseases such as HIV/AIDS and other STDs, physical abuse and attack, malnourishment, adverse effects of forcedly injected drugs). Since 2018, 14-50% of trafficking victims were children, with 36-68% of trafficked children subjected to sexual exploitation, the remaining subjected to forced labour and other forms of exploitation.
Forced labour refers to physical threats, coercion, and force to compel someone to work while disregarding the legal process of employment. Migrants, women, and children are most exploited through forced labour in domestic and organizational settings. Presently, ~25 million people in the world are compelled into forced and illicit labour practices, leading to an estimated market value > 30 billion US dollars. Forced labour can also take the form of bonded labour or debt bondage, wherein a victim is compelled to work under forced circumstances while facing abuse and sexual exploitation - to pay off a debt presently incurred or passed down by ancestors. This also considers unlawful exploitation of debts by traffickers and/or exploitation of immigration-related employment conditions leading them to impose forced labour upon the debtors. Another form of forced labour is domestic servitude, leading to various forms of abuse, harassment and sexual/gender-based violence. A 2018 geographical demographic analysis revealed higher (60-80%) of forced labourers in Europe and regions of Asia to be men, followed by women and girls. In contrast, other regions such as The Americas, Africa, and Asia witnessed 55-80% of forced labourers to be women and young girls and boys. Victims are reported to be exploited in activities such as construction work, agriculture, mining, street trading, private homes (for domestic servitude) etc.
B. McGill's Intellectual Contributions in this Field
In the Department of History and Classical Studies, Professor Gwyn Campbell’s work is focused on understanding the economy history of the Indian Ocean World (IOW), a macro-region, running from East Africa to China, governed by the Asiatic monsoon system and ancillary climatic factors. One of his major interests is slavery and slave diaspora in the IOW and globally. In 2014, Prof. Campbell co-edited a book named “Sex, Power, and Slavery” which discuss the history of sexuality and slavery, enslavement of individuals (particularly women), and obligations to engage in sexual activities against one’s consent. The various chapters take the reader through instances of concubinage, development of sexual relations between the enslaved and non-slaves, human trafficking in different parts of the world, and paradigms surrounding gender, sex, and power. In the book “Bonded Labour and Debt in the Indian Ocean World”, Prof. Campbell and colleagues discuss how debt bondage evolved as a result of the developing global economy, emerging social practices, and commercialization. They investigate slavery in Madagascar, Mauritius, Sulu Zone, South India, and Japan over several timelines between 1600 to 1900. We invite readers to visit Prof. Campbell’s webpage (see Bibliography) and his course HIST 528: Indian Ocean World Slave Trade, where Prof. Campbell discusses the origins, structure, and development of slave trade in a chronological fashion, while branching into topics similar to ones discussed above.
C. From the Canadian context: Canadian Legislation for Modern Slavery: Bill S-211
Canada’s Bill S-211: An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tarriff primary goal requires Canadian businesses, private organizations, and the Government (collectively referred in this article as “institutions”) to report on supply chain criteria related to forced labour and slavery. More specifically, it applies to institutions that check at least 2 of the 3 conditions: a) possesses assets of at least $20 million, b) generates revenues of at least $40 million, b) employs an average of 250 employees or more. Bill S-211 requires institutions (private and public) to provide an annual public report (Signed and Approved by the institutional governance) disclosing the steps taken by the institution to prevent forced or child labour in their supply chains. In addition, the report should contain information about the organizational structure, related supply chain activities, due diligence processes to curb forced or child labour, and an assessment of the efficacy of such listed processes. Slavery acts introduced in UK, Australia, European nations align with that of Bill S-211, the mandate being effective working culture and preventing human rights violations and slavery in supply chains and organizations. Please consult the Bibliography for information on these acts.
Special Mention: CORE’s child labour policy - At present, 1 out of 4 victims of modern slavery are children. Considering the seriousness of child trafficking and slavery, the Canadian Ombudsperson for Responsible Enterprise (CORE) launched a study this year to investigate child labour in the Canadian garment sector. The CORE committee aims to provide recommendations to improve child rights, address child right abuses in the garment sector, and foster responsible business conduct.
In conclusion, Modern Slavery Acts ensure businesses and governments instill best practices considering human resource and workforce management, thus preventing forced and child labour and human rights violations in their operations. Its implementation would contribute significantly to sustainable working environments and fruitful partnerships between employers and employees.
Acknowledgements: The author would like to thank Prof. Gwyn Campbell of the Department of History and Classical Studies for supporting our discussion of his research and intellectual contributions, as well as going beyond to assisting with proof-reading the document, specifically the factual and subject-matter details.
Views from GEEC is an ongoing series addressing topics on equity issues and initiatives and presenting related thoughts and developments at McGill University. This piece was authored by Anirban Kundu, PhD candidate (Environmental Engineering) - Changemakers Liaison, GEEC McGill.
Bibliography:
Sex, Power, and Slavery – Editors: Gwyn Campbell and Elizabeth Elbourne (Available at https://www.ohioswallow.com/extras/9780821444900_OhioUniversityPress_OpenAccess.pdf)
Bonded Labour and Debt in the Indian Ocean World – Editors: Gwyn Campbell and Alessandro Stanziani (https://doi.org/10.4324/9781315654775)
Australia’s Modern Slavery Act states to require some entities to report on the risks of modern slavery in their operations and supply chains and actions to address those risks, and for related purposes. (Available at https://www.legislation.gov.au/Details/C2018A00153)
UK’s Modern Slavery Act states to make provision about slavery, servitude and forced or compulsory labour and about human trafficking, including provision for the protection of victims; to make provision for an Independent Anti-slavery Commissioner; and for connected purposes. (Available at https://www.legislation.gov.uk/ukpga/2015/30/contents)
France’s 14th Legislature relating to the duty of care of parent companies and ordering companies (2015):In accordance with the UN Guiding Principles on Business and Human Rights unanimously adopted by the UN Human Rights Council in June 2011, and in line with the OECD Guiding Principles, the The purpose of this bill is to establish an obligation of vigilance for parent companies and ordering companies with regard to their subsidiaries, subcontractors and suppliers. It is a question of making transnational corporations responsible in order to prevent the occurrence of tragedies in France and abroad and to obtain reparations for the victims in the event of damage affecting human rights and the environment. (Available at https://www.assemblee-nationale.fr/14/propositions/pion2578.asp)