Anti-Trafficking Review
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Debate: Towards a Cohesive and Contextualised Response: When is it necessary to distinguish between forced labour, trafficking in persons and slavery?
No full textIn my view, the answer to the debate question of whether it is necessary to distinguish between forced labour, trafficking and slavery depends on the context. Therefore the focus should instead be on identifying when it is necessary to distinguish and when it is not required. Furthermore, an essential follow-up is the question of how we can prevent and address these different forms of coercion in a coherent manner
Asylum, Immigration Restrictions and Exploitation: Hyper-precarity as a lens for understanding and tackling forced labour
Get PDFThe topic of forced labour is receiving a growing amount of political and policy attention across the globe. This paper makes two clear contributions to emerging debates. First, we focus on a group who are seldom explicitly considered in forced labour debates: forced migrants who interact with the asylum system. We build an argument of the production of susceptibility to forced labour through the United Kingdom’s (UK) asylum system, discussing the roles of compromised socio-legal status resulting from restrictive immigration policy, neoliberal labour market characteristics and migrants’ own trajectories. Second, we argue that forced labour needs to be understood as part of, and an outcome of, widespread normalised precarious work. Precarity is a concept used to describe the rise of insecure, casualised and sub-contracted work and is useful in explaining labour market processes that are conducive to the production of forced labour. Using precarity as a lens to examine forced labour encourages the recognition of extreme forms of exploitation as part of a wider picture of systematic exploitation of migrants in the labour market. To understand the reasons why forced migrants might be drawn into severe labour exploitation in the UK, we introduce the concept of hyper-precarity to explain how multidimensional insecurities contribute to forced labour experiences, particularly among forced migrants in the global north. Viewing forced labour as connected to precarity also suggests that avenues and tools for tackling severe labour exploitation need to form part of the wider struggle for migrant labour rights
‘Tied Visas’ and Inadequate Labour Protections: A formula for abuse and exploitation of migrant domestic workers in the United Kingdom
Get PDFThis article examines the link between restrictive immigration schemes, specifically ‘tied visas’ and the selective application of labour laws, with exploitation of workers. It focuses on the situation of migrant domestic workers, who accompany their employers to the United Kingdom (UK) and are exposed to both an excessively restrictive visa regime, introduced in April 2012, and limited labour protections. The immigration status of these workers is currently tied to a named employer, a restriction that traps workers into exploitative conditions, often amounting to forced labour, servitude or slavery. Additionally, current UK labour laws are either not enforced or not applicable to domestic workers. The article concludes that unless the current immigration regime is abolished and comprehensive labour law protections are extended to migrant domestic workers, exploitation will continue
Was Trafficking in Persons Really Criminalised?
Get PDFThis paper examines the successes and setbacks in the criminal justice response to trafficking in persons. While today, the majority of countries have passed specific legislation criminalising human trafficking in response to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, there are still very few convictions of trafficking. Using currently available knowledge, this paper discusses four possible reasons for low conviction rates. Further, the paper suggests that due to the heavy dependency on victim testimonies when prosecuting trafficking in persons crimes, members of criminal organisations that are easily identifiable by victims may face criminal charges more frequently than other members of the criminal group, particularly those in positions of greater responsibility who profit the most from the criminal activities. In this context, the exceptionally high number of women among convicted offenders is explored
Debate - From Palermo to the Streets of Oslo: Pros and cons of the trafficking framework
No full textThe development of Norwegian anti-trafficking efforts and how they relate to obligations set forth by the United Nations Trafficking Protocol (also known as the ‘Palermo Protocol’) illustrates some of the constraints connected to international policymaking. While national trafficking policies on paper are in alignment with the definitions and priorities in the Protocol, the local and institutional context simultaneously influence how these international ambitions are interpreted and implemented. Thus, we argue that to understand the impact of the Protocol one must necessarily explore how it interacts with national agendas and instrument
Debate - Trafficking as a Floating Signifier: The view from Brazil
No full textThe fact that the United Nations (UN) Trafficking Protocol is not an autochthonous product of the Brazilian political system has resulted in its being brought into that system as a ‘floating signifier’: something that does not point to any actual object or agreed upon meaning.[1] People who wish to criminalise prostitution have attempted to bend the Protocol in that direction while prostitutes’ rights groups have used it to critique current Brazilian laws, emphasising the need to distinguish migration for voluntary, consensual sex work from trafficking. Groups concerned with organ trafficking (a crime for which there are practically no proven cases in Brazil) have managed to push their banner to the fore in the trafficking debate. Meanwhile, Brazil’s long-established and relatively successful anti-slave labour movement has been loath to ‘change their brand’, having already gained a considerable degree of institutionalisation prior to Brazil’s ratification of the Protocol in 2004.[1] C Lévi-Strauss, ‘Introduction à l'oeuvre de Marcel Mauss’ in Mauss, Sociologie et Anthropologie, Paris, 1950
Editorial: What’s in a Name? Distinguishing forced labour, trafficking and slavery
Get PDFOver the last fifteen years the parameters of anti-trafficking have shifted considerably. This shift has not been immediate or seismic. It has been a gradual shift, and what was once advocated for as a specific practice of trafficking is now associated with, and at times used interchangeably with, slavery and forced labour
Debate: Forced Labour, Slavery and Human Trafficking: When do definitions matter?
No full textWe can spend a lot of time debating the connections or essential differences between the concepts of trafficking, forced labour, slavery and modern slavery, or slavery-like practices. Some insist that trafficking is a subset of forced labour, others the reverse. The arguments between academics, bureaucracies and even government agencies have often been vitriolic
Two Cheers for the Trafficking Protocol
Get PDFThe Trafficking Protocol makes an easy target for attack. Its origins lie in an attempt to control a particularly exploitative form of migration that was challenging the ability of States to control their own borders. Its parent instrument is a framework agreement to address transnational organised crime. While paying fleeting attention to the rights of victims, the Protocol, with its emphasis on criminalisation and border protection is nowhere near being a human rights treaty. On top of all that it does not even have a credible enforcement mechanism, allowing states parties wide latitude in interpreting and applying their obligations. Strangely, these seemingly insurmountable flaws have not stopped the Protocol’s emergence as perhaps the single most important development in the fight against human trafficking. Without the Protocol, arguments around definitions would have continued to block the evolution of principles and rules. Without the Protocol it is likely that the human rights system would have continued its shameful tradition of sidelining issues such as forced labour, forced sex, forced marriage and the ritual exploitation of migrant workers through debt. Most critically, the Protocol provided the impetus and template for a series of legal and political developments that, over time, have served to ameliorate some of its greatest weaknesses, including the lack of human rights protections and of a credible oversight mechanism
Re-evaluating Palermo: The case of Burmese women as Chinese brides
Get PDFThe definition of human trafficking as set in the Trafficking Protocol (also known as the Palermo Protocol) functionally centres most of the response to the phenomenon in the criminal justice system. This occludes many of the sociopolitical determinants of vulnerability that leads to trafficking. It also discourages any real debate about the various forms of oppression and even structural violence that act as catalysts to the human trafficking market. The Trafficking Protocol, and a vast number of international organisations, non-governmental organisations and governments, focuses on statistics of prosecution rates, arrests, victim typology and organised crime. I use the example of bride trafficking along the Sino-Burmese border to illustrate the complications and, in certain instances, harm that befall an anti-trafficking regime that does not use a wider lens of migration, agency, development and gender equality to address the factors leading to exploitation