tag:theconversation.com,2011:/uk/topics/modern-slavery-bill-11016/articlesModern Slavery Bill – The Conversation2023-07-12T12:05:41Ztag:theconversation.com,2011:article/2060112023-07-12T12:05:41Z2023-07-12T12:05:41ZHow children affected by criminal exploitation in Northern Ireland need better legal protections<p>In the 25 years since the <a href="https://theconversation.com/good-friday-agreement-25-years-on-the-british-government-is-seeking-to-undo-key-terms-of-the-peace-deal-203208">Good Friday agreement</a> was signed, <a href="https://pureadmin.qub.ac.uk/ws/portalfiles/portal/163931307/Experiencing_Paramilitarism_Understanding_the_Impact_of_Paramilitaries_on_Young_People_in_NI.pdf">paramilitarism</a> in Northern Ireland has remained ever-present in some communities. Of the 3,260 instances of paramilitary violence meted out since Northern Ireland achieved peace, 349 have involved <a href="https://www.psni.police.uk/foi-disclosure-log/paramilitary-style-attacks-1998-2023">children</a>. </p>
<p>These attacks <a href="https://press.princeton.edu/books/paperback/9780691180687/the-hoods">have been shown</a> to form part of an informal system of community “policing”. Both Loyalist and Republican paramilitary groups carry out so-called “punishments” against children accused of anti-social behaviour. </p>
<p>Sociologists, youth workers and community representatives are increasingly framing such attacks as a <a href="http://qpol.qub.ac.uk/paramilitary-violence-as-childrens-rights-issue/">children’s rights issue</a>. Lobbying from local pressure group Stop Attacks – with which I am affiliated – has led to significant changes in the way the police in Northern Ireland report on these incidents. Instead of labelling them as “punishments”, they are seen as acts of violence constituting <a href="https://www.irishnews.com/news/northernirelandnews/2023/03/31/news/man_shot_in_both_legs_in_west_belfast-3177790/">human rights abuses</a>. </p>
<p>Recent research has pointed towards children being coerced into joining <a href="https://pure.qub.ac.uk/en/publications/it-didnt-end-in-1998-examining-the-impacts-of-conflict-legacy-acr-2">paramilitary groups</a> and carrying out attacks themselves. <a href="https://pure.qub.ac.uk/en/persons/alan-mckinstry">My doctoral research</a> looks at how this coercion follows patterns of what criminologists refer to as “child criminal exploitation”. </p>
<h2>Child criminal exploitation</h2>
<p>Criminologists speak about “child criminal exploitation” to refer to children being forced to commit crime through coercion, <a href="https://theconversation.com/grooming-an-expert-explains-what-it-is-and-how-to-identify-it-181573">grooming</a>, force or debt. In the UK, <a href="https://journals.sagepub.com/doi/10.1177/1473225420902840">research</a> has found that child criminal exploitation is central to <a href="https://theconversation.com/county-lines-the-dark-realities-of-life-for-teenage-drug-runners-103929">county lines drugs networks</a>. </p>
<p>These networks extend drug supply beyond urban hubs into suburban and small-town areas for increased profit and reduced competition. They use young people as runners and “shotters” (dealers) to distribute the product, particularly crack cocaine and heroin. </p>
<p>Children are groomed by criminal gangs and made to feel a sense of belonging. But when drugs are lost to police seizure or robbery from rival drug lines, this is not considered the cost of doing business. Instead, children are forced to work to <a href="https://www.cps.gov.uk/legal-guidance/county-lines-offending">pay them off as debts</a>. They often have to travel across the country to sell drugs from what are known as “trap houses” – places serving local communities with class-A drugs.</p>
<p>To date, most research on child criminal exploitation has been in the context of <a href="https://research.edgehill.ac.uk/en/publications/working-county-lines-child-criminal-exploitation-and-illicit-drug-2">county lines</a> drugs trafficking. <a href="https://pure.qub.ac.uk/en/persons/alan-mckinstry">My research</a> looks at child criminal exploitation in the context of both drugs trafficking networks in the London Borough of Tower Hamlets and paramilitary groups in Belfast, Northern Ireland.</p>
<p>Due to the criminality involved in child criminal exploitation, the justice system often fails to recognise that the children affected by this are actually victims. Doing so requires relinquishing the typical distinctions between victim and offender. It means recognising the nuances of the victim experience. </p>
<p>Furthermore, because they are groomed, coerced and exploited, children themselves often don’t recognise their victimhood. This makes protecting them difficult.</p>
<h2>A modern slavery issue</h2>
<p>In recent years the UK has begun to use victim identification procedures associated with modern slavery to acknowledge and protect victims of criminal exploitation. The <a href="https://yjlc.uk/resources/legal-terms-z/national-referral-mechanism-nrm">national referral mechanism</a> is the UK’s framework for identifying victims of modern slavery. It is a way to ensure they receive appropriate support. </p>
<p>In court proceedings, this mechanism has bolstered legal defences based on modern slavery, particularly in cases related to county lines drug supply. For my doctoral research, I am looking at how “the victim” is defined within this mechanism, to gauge its suitability for identifying victims of child criminal exploitation.</p>
<p>In her 2020 review of the Modern Slavery Act 2015, the UK’s Independent Anti-Slavery Commissioner, Dame Sara Thornton, raised concerns about the <a href="http://www.antislaverycommissioner.co.uk/news-insights/the-modern-slavery-act-2015-statutory-defence-call-for-evidence-review-published/">potential</a> for the modern slavery legal defence to be abused when used in cases of drugs trafficking:</p>
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<p>The operation of the statutory defence is neither adequately protecting victims of trafficking nor adequately protecting the public.</p>
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<p>The national referral mechanism has, nonetheless, resulted in more people being identified as victims within the county lines drugs trade. In 2022, 2,281 referrals were related to county lines, 75% of these were for <a href="https://www.gov.uk/government/statistics/modern-slavery-national-referral-mechanism-and-duty-to-notify-statistics-uk-end-of-year-summary-2022/modern-slavery-national-referral-mechanism-and-duty-to-notify-statistics-uk-end-of-year-summary-2022">boys</a>.</p>
<p>When it comes to child criminal exploitation from paramilitary groups in Northern Ireland, however, victims are not benefiting from a similar level of protection. </p>
<p>In <a href="https://www.bbc.co.uk/news/uk-northern-ireland-64483914">January 2023</a>, senior youth workers testified to the Northern Ireland Affairs Committee that children were being coerced, by paramilitary groups, into rioting.</p>
<p>This mirrors what is happening within county lines trafficking. In February 2023, Barnardo’s, a charity for vulnerable children, noted a surge in the number of children being lured and coerced into drugs networks with the promise of food, vapes and bicycles, among other “gifts”. The charity’s head of counter-trafficking, Rebecca Griffiths, <a href="https://inews.co.uk/news/county-lines-gangs-children-lured-free-subway-sandwiches-cost-of-living-crisis-2177815">reportedly</a> told the Education Select Committee that these goods effectively “kickstarted the debt bondage cycle”. </p>
<p>Despite these similarities, children who are criminally exploited by paramilitary groups do not yet benefit from the protection and support that the national referral mechanism offers to victims of county lines drugs networks. This is because child criminal exploitation within paramilitary groups is yet to be recognised as a modern slavery issue in Northern Ireland.</p>
<p>The situations these young people face are complex. However, it is crucial to look beyond labels such as “gang members”, “drug dealers” and “hoods”, to better understand what they are experiencing and how they can be protected.</p><img src="https://counter.theconversation.com/content/206011/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Alan McKinstry receives funding from the UK's Economic and Social Research Council at Queen's University Belfast. He is involved in Streets of Growth, a youth intervention charity in Tower Hamlets. He is affiliated with Stop Attacks in Northern Ireland. </span></em></p>Child criminal exploitation affects children caught up in both county lines drugs trafficking and paramilitary groups. Modern slavery policy – when applied – can better ensure their safety.Alan McKinstry, PhD Candidate, Queen's University BelfastLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1213502019-08-12T09:34:48Z2019-08-12T09:34:48ZHow the search for football’s next big thing is fuelling a modern-day slave trade<figure><img src="https://images.theconversation.com/files/287534/original/file-20190809-144868-hwv59j.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Beninese children play football in Bohicon.</span> <span class="attribution"><span class="source">shutterstock</span></span></figcaption></figure><p>It’s estimated that more than <a href="https://geographical.co.uk/people/development/item/2817-football-trafficking">15,000 children are trafficked</a> into Europe every year with false hopes of making it as professional footballers. In the UK alone, there are <a href="https://www.reuters.com/article/us-britain-slavery-soccer/premier-league-concerned-by-children-trafficked-to-uk-by-football-fraudsters-idUSKBN1HU1UJ">more than 2,000 minors</a> who have been trafficked to apparently play football, though the true figure is likely to be even higher.</p>
<p>Fraudulent individuals posing as football agents <a href="https://foreignpolicy.com/2018/04/20/the-scramble-for-africas-athletes-trafficking-soccer-football-messi-real-madrid-barcelona/">target young foreign players</a> and lure them abroad with false promises of trials at top European football clubs. These young boys <a href="https://theconversation.com/how-to-help-survivors-of-modern-slavery-rebuild-their-lives-73941">leave behind their friends and families</a> and spend large amounts of money on visas, passports and airfares to chase their dreams.</p>
<p>In reality, there is often no club waiting for the player abroad and they are either abandoned on arrival or subjected to <a href="https://www.mirror.co.uk/sport/football/news/kids-young-13-dreams-football-12995874">slavery, prostitution, and drug dealing</a> – some even end up as victims of <a href="https://www.bbc.co.uk/news/uk-46945352">sexual exploitation</a>.</p>
<p>This is <a href="https://theconversation.com/how-trafficked-children-are-being-hidden-behind-a-focus-on-modern-slavery-87116">human trafficking</a>, but it isn’t the only way <a href="https://www.theguardian.com/global-development/2018/may/16/football-broken-dreams-african-teenagers-sold-premier-league-lie-nepal">trafficking happens in football</a>. A more “legitimate” way it occurs is when an agent signs a player to a club but controls the player’s mobility, and makes money from an exploitative contract. The contracts are binding and difficult to escape from, as they <a href="https://www.independent.co.uk/news/world/europe/inquiry-into-slave-trade-in-african-footballers-622877.html">divert large proportions of a player’s earnings</a> to the agent.</p>
<h2>The hunt for talent</h2>
<p>The <a href="http://www.europarl.europa.eu/doceo/document/E-8-2019-000535_EN.html">majority of the victims come from Africa and South-America</a> and <a href="https://theconversation.com/real-and-atletico-madrid-transfer-bans-wont-halt-trafficking-of-young-players-in-football-53477">academics have noted</a> how several EU clubs (often through unscrupulous agents) <a href="https://heinonline.org/HOL/Page?handle=hein.journals/indjil5&div=47&g_sent=1&casa_token=&collection=journals">traffic and employ</a> African minors, <a href="https://www.independent.co.uk/sport/football/news-and-comment/victims-or-fraudsters-the-world-of-football-trafficking-a6783421.html">paying them a pittance</a> to play professionally.</p>
<p>My ongoing PhD research focuses on the trafficking of West African football minors due to their increased vulnerability caused by a lack of employment, and their hopes of achieving financial success through football. The players from the region are themselves in high demand because of their “<a href="https://www.bbc.co.uk/blogs/piersedwards/2010/11/why_does_the_west_dominate_afr.html">superior genetics, environmental moulding, and mentality</a>”, according to a sports scientist. But the football landscape offers limited protection against their continued exploitation.</p>
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<a href="https://theconversation.com/young-athletes-hope-of-success-is-nourished-by-neoliberalism-and-religion-106833">Young athletes’ hope of success is nourished by neoliberalism and religion</a>
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<p>Back <a href="https://ec.europa.eu/assets/eac/sport/library/studies/study-sports-agents-in-eu.pdf">in 2009 a study by the European Commission</a> described how the increased use of the African and South-American transfer markets had created something of a “modern-day slave trade”. This was due to the recruitment strategies used by EU clubs that allowed <a href="https://theconversation.com/what-the-next-fifa-president-could-do-to-tackle-child-trafficking-in-football-52016">unscrupulous “agents” to repeatedly exploit footballers</a>, as they have continued to do so – even <a href="https://www.aljazeera.com/indepth/features/russian-dead-scammed-nigerian-footballers-190526202328312.html">during the 2018 FIFA World Cup</a>.</p>
<h2>Why it happens</h2>
<p>This situation has been allowed to develop as a result of the European Court of Justice’s decision in <a href="https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:61993CJ0415&from=EN">a 1995 legal case</a>. The case led to new football rules which abolished the payment of transfer fees for EU nationals playing within the EU and moving to another EU team on expiration of their employment contract. The rules changed because the previous regulations were considered to be restrictive on the freedom of movement rights for EU citizens. </p>
<p>For several EU clubs, this change resulted in a loss in income from the transfer fees they would previously receive for out-of-contract players, who were now allowed to move to other EU clubs freely. Clubs then began to view the transfer market as the best means to recoup their investments on players. Especially if they were able to purchase players at a discounted rate and sell them on for profit, before the player’s contract expires.</p>
<p>The changed rules contributed to the <a href="https://medium.com/football-applied/explaining-the-recent-surge-of-prices-in-the-football-transfer-market-and-what-this-means-cf5fa1398ccc">increase of transfer fees</a> for players who are still under contract. This increase meant that the EU clubs had two options to achieve long-term profits. They could implement a more advanced youth and grassroots programme to develop talented players to join their first team. Or they could obtain new talent from clubs outside the EU with lesser economic resources than them – <a href="https://www.cies-uni.org/sites/default/files/international_transfers_of_minors.pdf">most chose the latter</a>.</p>
<h2>The (un)equal treatment</h2>
<p>Another issue in all of this is the continued exploitation caused by a gap in regulation. When a club is transferring an EU minor, there are added regulatory obligations regarding football education, academic provisions, and living standards. These are imposed on the purchasing team, and are in line with <a href="https://resources.fifa.com/image/upload/regulations-on-the-status-and-transfer-of-players-2018-2925437.pdf?cloudid=c83ynehmkp62h5vgwg9g">FIFA’s Regulations on the Status and Transfer of Players</a>.</p>
<p>These obligations educate the player and create an awareness which prevents their possible exploitation. They also act as a “plan b” which provides an alternative career for the EU minor if unsuccessful as a professional footballer. But FIFA’s regulations do not impose similar obligations on clubs when transferring an African or other foreign minor.</p>
<p>This regulatory gap allows clubs and unscrupulous agents to treat African minors with no long-term regard for their well-being or protection from dangerous and <a href="https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007DC0391&from=EN">exploitative situations in a foreign country</a>.</p>
<h2>Closing the gap</h2>
<p>Clubs are complicit in football trafficking when they do not <a href="https://www.independent.co.uk/sport/football/news-and-comment/football-chiefs-to-tackle-hidden-trade-in-africas-children-860504.html">query the origin of a player who comes for trials</a>, or <a href="https://theconversation.com/why-businesses-fail-to-detect-modern-slavery-at-work-82344">probe the relationship</a> between a player and an agent. </p>
<p>The UK’s <a href="http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted">Modern Slavery Act, which was established in 2015</a> sheds light on human trafficking but it is ultimately a lenient piece of regulation – as the Act allows clubs to omit regarding their players as <a href="https://www.sportcal.com/Insight/Opinion/126121">part of their supply chains</a>, but remain <a href="https://theconversation.com/we-analysed-101-companies-statements-on-modern-slavery-heres-what-we-found-95561">compliant through a statement</a>. And the Act also doesn’t require clubs to take steps <a href="https://www.appgshr.org.uk/wp-content/uploads/2019/07/Ini-Obong-Nkang_APPG-submission-on-Mordern-Slavery_Final.pdf">to prevent the recruitment of potentially trafficked players</a>, or those who are victims of forced labour.</p>
<p><a href="https://www.sociologylens.net/topics/culture/football-peace-trafficking/24508">My research</a> looks at a more holistic approach to tackling football trafficking. Measures should include aims to improve the standard of African leagues – making players less susceptible to the ploys of unscrupulous agents. And there also needs to be better safeguards for minors outside the EU. Both of these approaches will help football to be used as a tool for development of African communities – and will inhibit the frequently employed avenues utilised by unscrupulous agents to exploit vulnerable minors.</p><img src="https://counter.theconversation.com/content/121350/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Ini-Obong Nkang does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The real cost of footballs transfer markets: how fake agents traffic African boys with dreams of playing in Europe’s biggest leagues.Ini-Obong Nkang, Doctoral Researcher in Sports Law, Nottingham Trent UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1137782019-04-08T09:59:34Z2019-04-08T09:59:34ZHow UK asylum system creates perfect conditions for modern slavery and exploitation to thrive<figure><img src="https://images.theconversation.com/files/267384/original/file-20190403-177196-157t9sw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">shutterstock</span></span></figcaption></figure><p>For asylum seekers, trying to find work in another country is very difficult. Not only is there often a language barrier and reams of paperwork, but there is also the fact that government systems <a href="https://discoversociety.org/2013/11/05/586/">can</a> <a href="http://eprints.whiterose.ac.uk/75949/1/Precarious_Lives_Main_Report_2-7-13.pdf">encourage</a> <a href="https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/on-freedom-and-immobility-how-states-create-vulne/">exploitation</a>. </p>
<p>Asylum seekers in the UK receive <a href="https://www.gov.uk/asylum-support/what-youll-get">£37.75</a> a week to live on, and most are prohibited from working. But this small amount of money often fails to allow people to meet their <a href="https://precariouslives.files.wordpress.com/2013/07/precarious_lives_main_report_2-7-13.pdf">basic needs</a>. This leads some to search for work to supplement their income. But herein lies the problem, as the only people willing to employ them are those happy to do so illegally. This leaves asylum seekers with no bargaining power to negotiate reasonable pay or working conditions. </p>
<p>Yet the risk of exploitation does not end with a positive asylum decision. Refugees are often dispersed out of London and the south-east to other areas in the UK. The areas of dispersal are determined by the availability of temporary housing. In many cases, this is concentrated <a href="http://www.qub.ac.uk/Research/GRI/mitchell-institute/FileStore/Filetoupload,820233,en.pdf">around areas of economic deprivation</a>. </p>
<p>This risk is exacerbated by the delays in <a href="https://www.refugeecouncil.org.uk/assets/0003/7935/England_s_Forgotten_Refugees_final.pdf">receiving important documents</a> commonly experienced by refugees. And when government support ends but their national insurance numbers have not yet arrived, refugees are vulnerable. They have no income and no way to access welfare or legitimate work. This leaves them with little choice but to seek work with people willing to employ them illegally. </p>
<h2>Modern slavery</h2>
<p>Prime minister Theresa May has vowed to help rid the world of the “<a href="https://www.bbc.co.uk/news/uk-36934853">barbaric evil</a> of modern slavery”. And the adoption of the <a href="http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted">Modern Slavery Act in 2015</a> was applauded by many. It helped to position the UK as a global leader in this field. </p>
<p>Under the <a href="http://www.legislation.gov.uk/ukpga/2015/30/section/1/enacted">Modern Slavery Act</a>, a person commits an offence if they hold someone in slavery or servitude, or require them to perform forced or compulsory labour. The person must also know, or ought to know, that they are doing so.</p>
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<span class="caption">Labour exploitation can occur anywhere.</span>
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<p>But a key flaw of this phrasing is that it rests all the blame at the feet of the perpetrator. This overlooks the exploitative environments that allow such an offence to take place. These environments are, ironically, commonly generated by the government, such as <a href="https://www.telegraph.co.uk/politics/2019/03/25/banning-asylum-seekers-working-morally-economically-unjustifiable/">banning asylum seekers from working</a> and <a href="https://www.theguardian.com/lifeandstyle/2019/jan/15/when-escaping-an-abusive-employer-is-a-the-trap-britain-sets-for-filipino-domestic-workers">tying overseas domestic workers to their employers</a>. </p>
<p>In this way, global capitalist pressures on labour markets and the search for cheaper alternative workers can lead to slavery. Since the late 1980s, transnational companies have shifted production to places where labour and inputs are cheapest – often due to a <a href="https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/harsh-labour-bedrock-of-global-capitalism">lack of unionisation</a>. But the Modern Slavery Act fails to recognise this. Instead, it insists on defining modern slavery as a crime – a relationship between just the victim and the perpetrator.</p>
<h2>Nationalism and modern slavery</h2>
<p>May describes modern slavery as “<a href="https://lens.monash.edu/2018/12/06/1366783/australias-modern-slavery-act-an-explainer">the greatest human rights challenge of our time</a>”. She has encouraged other Commonwealth states to adopt legislation reflecting the Act. This stance links to notions of empire, with the British government seeking to reassert its position as a global power through morally laden legislation such as the Modern Slavery Act. At the same time, it seems to gloss over its own “<a href="http://theconversation.com/hostile-environment-the-uk-governments-draconian-immigration-policy-explained-95460">hostile environment</a>” anti-migration immigration policy.</p>
<p>This undercurrent of <a href="https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/britons-never-will-be-slaves-rise-of-nationalism-and-modern-slavery/">nationalism</a> influences how people are identified as victims. Newspaper stories emphasise <a href="https://www.thesun.co.uk/news/6385180/british-bar-touts-magaluf-wages-passports-seized-foreign-office-warning">the exceptionality of British victims</a> – such as “<a href="https://www.independent.co.uk/news/uk/crime/modern-slavery-uk-british-children-sexual-labour-exploitation-5000-record-nca-a8271331.html">British children forced into modern slavery</a>” – but often overlook migrant victims of slavery. </p>
<p>But the Act also continues to overlook how government policies contribute to environments that allow exploitation to exist. This is a fundamental weakness and the Act should provide avenues to strengthen <a href="https://www.antislaverycommissioner.co.uk/media/1071/ciob_modern_day_slavery_web.pdf">bargaining power and imbalances of labour instead</a>. </p>
<h2>Woven into society</h2>
<p>So although the government claims that it “<a href="https://www.telegraph.co.uk/news/2016/07/30/we-will-lead-the-way-in-defeating-modern-slavery">will lead the way in defeating modern slavery</a>” it is actually generating environments that encourage exploitation. The government’s stubborn position towards migrant domestic workers, for example, prevents them from accessing their rights. They are restricted in changing employers – and a recent case saw a number of migrants questioned over their immigration status as they <a href="https://twitter.com/ATLEUnit/status/1100397912771751936">attended Union meetings</a>. </p>
<p>The <a href="https://www.labourexploitation.org/sites/default/files/publications/FLEX_Briefing_DisposableWorkers_Final.pdf">two temporary migration programmes</a> suggested for post-Brexit Britain, in agriculture and horticulture, will exacerbate this – as the concerns of businesses continue to trump those of the migrant workers.</p>
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Read more:
<a href="https://theconversation.com/how-the-idea-of-modern-slavery-is-used-as-political-click-bait-84877">How the idea of 'modern slavery' is used as political click bait</a>
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<p>In this way, the Act works as a smokescreen. It is employed almost as an avoidance strategy – a method to escape confronting the processes through which exploitation has been <a href="https://www.theguardian.com/commentisfree/2018/apr/02/modern-slavery-daily-life-exploitation-goods-services">woven into the very fabric of society</a>.</p>
<p>This demonstrates the government’s superficial commitment to eradicating the “<a href="https://theconversation.com/how-the-idea-of-modern-slavery-is-used-as-political-click-bait-84877">scourge of modern slavery</a>”. And illustrates how the overwhelming focus on criminalisation turns attention away from the role the government plays in exploitation. If the government is to move beyond a cursory moral battle, it must acknowledge and seek to redress this.</p><img src="https://counter.theconversation.com/content/113778/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Alicia Kidd is affiliated with The Humber Modern Slavery Partnership.</span></em></p><p class="fine-print"><em><span>Elizabeth A Faulkner receives funding from Modern Law Review for a forthcoming academic conference </span></em></p><p class="fine-print"><em><span>Lorena Arocha receives funding from Research England</span></em></p>Global capitalist pressures on labour markets and the search for cheaper workers can lead to slavery.Alicia Heys, Postdoctoral Researcher of 'Modern Slavery' and human trafficking, University of HullElizabeth A Faulkner, Lecturer in Contemporary Slavery (Law), University of HullLorena Arocha, Lecturer in contemporary slavery - The Wilberforce Institute, University of HullLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1078852018-12-02T18:44:30Z2018-12-02T18:44:30ZAt last, Australia has a Modern Slavery Act. Here’s what you’ll need to know<figure><img src="https://images.theconversation.com/files/248257/original/file-20181202-194947-1tlfap1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Soon we'll have a much better idea of what we are buying, and companies will be shamed into sourcing products better.</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>It has taken years, but after votes in the Senate and House of Representatives last week, Australia has a <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6148">Modern Slavery Act</a>. </p>
<p>It’ll take effect on January 1. </p>
<p>But what difference will it make?</p>
<h2>First, what is modern slavery?</h2>
<p>Britain abolished slavery on its own soil in 1833. It abolished the most egregious forms of child labour a century later. </p>
<p>But slavery and child labour are still being used to make the products Britons buy, just as they are being used to make the products Australians buy. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/how-to-keep-slave-caught-seafood-off-your-plate-105861">How to keep slave-caught seafood off your plate</a>
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<p>Increasing integrated global supply chains have made it hard to tell whether even products that are stamped “Made in Australia” have at some stage used slaves or underage children as part of the production process.</p>
<p>Forcibly detained adults and children work in industries including fishing, cocoa, cotton, clothing, cannabis, construction and prostitution.</p>
<p>The term “modern slavery” refers only to the worst forms of exploitation, and not to other serious breaches of human rights such as the denial of freedom of association or the denial of worker safety, such as at Rana Plaza clothing factory in Dhaka, Bangladesh in which more than 1,000 garment workers died <a href="https://www.nytimes.com/2013/05/23/world/asia/report-on-bangladesh-building-collapse-finds-widespread-blame.html">when their building collapsed in 2013</a>.</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/unravelling-british-wool-how-the-local-and-global-are-intertwined-in-the-making-of-everyday-products-99114">Unravelling British wool: how the local and global are intertwined in the making of everyday products</a>
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<p>The International Labour Organisation believes that <a href="http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_181953.pdf">21 million people</a> worldwide are forced labourers, half of them in the Asia-Pacific region.</p>
<h2>What will be required</h2>
<p>As with the British Act, Australia’s will require businesses and other organisations above a certain size (consolidated revenue of A$100 million) to report annually on the risks of modern slavery in their operations and supply chains, and the action they have taken to assess and address those risks, and the effectiveness of their response. </p>
<p>Smaller businesses will be able to report voluntarily.</p>
<p>To ensure high-level engagement, the statement has to be approved by the board of directors or equivalent and signed by a director. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/we-analysed-101-companies-statements-on-modern-slavery-heres-what-we-found-95561">We analysed 101 companies' statements on modern slavery – here's what we found</a>
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</em>
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<hr>
<p>The statements will be publicly available on a central register maintained by the Commonwealth. The Commonwealth government itself, and those of its entities that satisfy the reporting revenue threshold, will also have to prepare a statement. </p>
<h2>What will not be required</h2>
<p>Two controversial omissions are penalties and independent oversight. </p>
<p>The government was unwilling to impose a penalty for failing to lodge a statement or for lodging an incomplete statement.</p>
<p>This needn’t be fatal. The requirement and the public register means that companies that don’t report properly can be “named and shamed” by non-government organisations. Consumer pressure can itself become a sanction.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/the-modern-slavery-bill-is-a-start-but-it-wont-guarantee-us-sweeter-chocolate-102765">The Modern Slavery Bill is a start, but it won't guarantee us sweeter chocolate</a>
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<hr>
<p>The <a href="https://www.aph.gov.au/DocumentStore.ashx?id=486cec7c-9e39-41b8-8238-e882e1430a03&subId=613412">UK experience</a> does not encourage optimism as about compliance.</p>
<p>In response to these concerns, Senate amendments have empowered the minister to name and shame his or herself, publicly calling out continued instances of non-compliance and reporting to parliament annually on compliance trends.</p>
<p>Australia’s <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Foreign_Affairs_Defence_and_Trade/ModernSlavery/Final_report">parliamentary inquiry</a> and a good many of the submissions strongly supported the appointment of an independent statutory anti-slavery commissioner with the authority and resources to oversee compliance.</p>
<p>The government will instead establish a departmental unit to help business address slavery risks and prepare statements.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/should-australia-have-a-modern-slavery-act-79335">Should Australia have a Modern Slavery Act?</a>
</strong>
</em>
</p>
<hr>
<p>The Labor party supports both penalties and the appointment of an independent commissioner. </p>
<p>It is possible that both requirements will be in place before the first modern slavery statements are due on June 30, 2020. </p>
<p>NSW has also passed its own <a href="https://www.legislation.nsw.gov.au/%7E/view/act/2018/30">Modern Slavery Act</a>, due to take effect after the Commonwealth Act commences. It imposes a lower revenue reporting threshold of $50 million, and provides for penalties for businesses that do not comply, of <a href="https://www.herbertsmithfreehills.com/latest-thinking/modern-slavery-update-first-australian-modern-slavery-legislation-passes-in-nsw">up to A$1.1 million</a>. </p>
<p>It also creates the post of Independent NSW Anti-Slavery Commissioner.</p>
<h2>What now</h2>
<p>American baseballer Yogi Berra said that when we come to a fork in the road, we should take it. Wise advice. We have two ways forward and should take both. In truth, they converge. </p>
<p>First, we need to monitor compliance levels, and determine whether penalties and independent oversight are needed. And we need to set up processes that ensure the reports are of good quality. </p>
<p>The <a href="https://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf">United Nations Guiding Principles on Business and Human Rights</a> provide a guide. Happily, the Act adopts these principles.</p>
<p>The other path is to address the broader harm that Australian businesses can do, beyond incorporating slavery into products that are sold in Australia.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/we-need-to-combat-forced-labour-and-in-work-poverty-brazil-and-india-offer-some-lessons-106570">We need to combat forced labour and in-work poverty – Brazil and India offer some lessons</a>
</strong>
</em>
</p>
<hr>
<p>The Guiding Principles help here too, outlining the responsibility of businesses to respect human rights and to provide remedies wherever they operate.</p>
<p>This responsibility extends to our mining companies, 200 in Africa alone, who should respect human rights whether or not slavery is incorporated in products they sell back here.</p>
<p>And it extends to technology companies whose platforms put people at risk such as Facebook’s possible role in the <a href="https://www.nytimes.com/2018/11/06/technology/myanmar-facebook.html">ethnic cleansing of the Rohingya in Myanmar</a>. </p>
<p>Slavery is important, but there is more to human rights than slavery.</p>
<p>The Act is a start, quite a good one. We will need more.</p><img src="https://counter.theconversation.com/content/107885/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Paul Redmond gave evidence on behalf of Anti-Slavery Australia to the Joint Standing Committee on Foreign Affairs, Defence and Trade and to the Senate Committee reviewing the Modern Slavery Bill. He is a member of the Modern Slavery Expert Advisory Committee advising on the guidance document to be issued under the Act and a member of the Business and Human Rights Committee of the Law Council of Australia.
He was a member of the Supply Chains Working Group under the Australian Government’s National Roundtable on Human Trafficking and Slavery that originally recommended a Modern Slavery Act and of the Multi-Stakeholder Advisory Group advising the Minister for Foreign Affairs on the implementation of the United Nations framework on business and human rights which endorsed that recommendation. </span></em></p>Soon we’ll have a better idea of what we are buying. There are no penalties, but “naming and shaming” might make Australia’s Modern Slavery Act work.Paul Redmond, Sir Gerard Brennan Professor, Faculty of Law, University of Technology SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1051652018-10-18T12:38:09Z2018-10-18T12:38:09ZModern slavery: migrants forced to work gruelling hours at hand car washes<figure><img src="https://images.theconversation.com/files/241202/original/file-20181018-41132-ko9aui.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/arthurjohnpicton/4767626441/">SomeDriftwood/flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc/4.0/">CC BY-NC</a></span></figcaption></figure><p>Chances are you will have seen them, at the side of the road, at petrol stations or supermarket car parks. You might have even used one – with low competitive pricing and a quick finish, it’s hard not to feel like a hand car wash is a bit of a bargain. But our <a href="http://www.antislaverycommissioner.co.uk/media/1238/labour-exploitation-in-hand-car-washes.pdf">new report</a> reveals that some hand car washes in the UK may involve modern slavery, human trafficking and labour exploitation.</p>
<p>Police forces interviewed as part of our research say there has been a rise in hand car wash business activities in their areas. And interviews suggest that some workers are subject to some form of labour and employment violation. This includes pay below the national minimum wage or working excessive hours. </p>
<p>The report finds that the average wage for a day’s work in a hand car wash – ranging between eight and 12 hours – is around £40. The study also confirms that many hand car washes are run by migrants for migrants. Survey responses from police forces identified 26 nationalities working in hand car washes across the UK (mainly Eastern European). Romanian was the most common nationality.</p>
<p>The <a href="http://www.antislaverycommissioner.co.uk/media/1238/labour-exploitation-in-hand-car-washes.pdf">new report</a> is a collaborative study between experts at the University of Nottingham’s <a href="https://www.nottingham.ac.uk/world/beacons/rights-lab/">Rights Lab</a> and the <a href="http://www.antislaverycommissioner.co.uk/">Office of the Independent Anti-Slavery Commissioner </a>. The team brought together existing research and information, including press reports, parliamentary evidence submitted to the Environmental Audit Committee, and new information from interviews with police authorities and key stakeholders.</p>
<h2>Far from clean</h2>
<p>Before 2004, hand car washes were virtually nonexistent. But since then, many have sprung up on the side of the road, petrol stations, disused forecourts, supermarket car parks and former public car parks. Hand car washes are not an unlawful business activity. Yet, growing <a href="https://www.theguardian.com/world/2018/jul/16/true-human-cost-5-pound-hand-car-wash-modern-slavery">awareness of their activities</a> has unearthed a <a href="https://www.reuters.com/article/us-britain-slavery-carwash/modern-slavery-seeps-through-murky-world-of-britains-car-washes-idUSKBN1D80XI">host of violations</a> – which allow their operations an unfair commercial competitive advantage.</p>
<p>A concern of hand car washes is the prevalence of labour exploitation and modern slavery. Our report reveals how police investigations have found issues around wages, working conditions, and health and safety. Reportedly, some workers were also housed in substandard or dilapidated accommodation. In 2015, a Romanian national, <a href="http://www.itv.com/news/london/2017-01-18/car-wash-owner-jailed-after-employee-is-electrocuted-in-rat-infested-flat/">Sandu Laurentiu-Sava</a>, who worked at a hand car wash was electrocuted to death while showering because his employer was bypassing the electricity meter. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/241204/original/file-20181018-41156-pkhcew.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/241204/original/file-20181018-41156-pkhcew.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/241204/original/file-20181018-41156-pkhcew.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=406&fit=crop&dpr=1 600w, https://images.theconversation.com/files/241204/original/file-20181018-41156-pkhcew.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=406&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/241204/original/file-20181018-41156-pkhcew.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=406&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/241204/original/file-20181018-41156-pkhcew.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=510&fit=crop&dpr=1 754w, https://images.theconversation.com/files/241204/original/file-20181018-41156-pkhcew.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=510&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/241204/original/file-20181018-41156-pkhcew.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=510&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Excessively long hours and exceptionally low pay are common.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/iancvt55/5602160189/">Ian/flickr</a></span>
</figcaption>
</figure>
<p>At present, the UK does not have a system to license and register hand car washes. As a result, it is difficult to assess the number of operations, their location and the true scale of labour exploitation. In the absence of such data, our report aims to provide a better understanding of labour abuses in this sector. It also explores the challenges and approaches to tackling them.</p>
<h2>Labour exploitation</h2>
<p>The <a href="http://www.antislaverycommissioner.co.uk/media/1238/labour-exploitation-in-hand-car-washes.pdf">report</a> identifies issues across the spectrum of labour exploitation, from lower level forms of abuse to modern slavery and human trafficking. One police force interviewed described cases of individuals trafficked from Romania. They were made to work in hand car washes for two weeks and only paid £10. The workers hoovered coins from the cars they washed to survive. </p>
<p>But despite the circumstances many of these workers are in, we found that many do not identify themselves as victims – hand car washing is seen as a better opportunity compared with alternative employment options. </p>
<p>And because many of these workers don’t see themselves as victims, it could lead to law enforcement overlooking exploitative labour practices. The report also found that the status of a worker in the UK may hinder the identification of victims. This is because workers may choose not to engage with law enforcement, or because they may ultimately be treated as illegal immigrants. </p>
<h2>Inadequate enforcement</h2>
<p>Hand car washes are often described as unregulated operations. But like other businesses operating in the UK, there are regulations to which they should adhere. These includes planning permission, paying business rates, environmental policies – including permission to dispose of liquid waste – paying national insurance, corporate tax, national minimum wage, and health and safety. And turning a “blind-eye” to noncompliance has allowed operations to flourish.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/241206/original/file-20181018-41144-mwernu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/241206/original/file-20181018-41144-mwernu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=463&fit=crop&dpr=1 600w, https://images.theconversation.com/files/241206/original/file-20181018-41144-mwernu.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=463&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/241206/original/file-20181018-41144-mwernu.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=463&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/241206/original/file-20181018-41144-mwernu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=582&fit=crop&dpr=1 754w, https://images.theconversation.com/files/241206/original/file-20181018-41144-mwernu.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=582&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/241206/original/file-20181018-41144-mwernu.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=582&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Thousands of workers in hand car washes across Britain are believed to be modern slaves.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/tcee35mm/34239145843/">Tee Cee/flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<p>Of course, these types of businesses can operate ethically and responsibly. But given that exploitation of workers at hand car washes hides in plain sight, it highlights the role the public can play in shedding light on abusive labour practices. One way people can do this is by using <a href="https://www.theclewerinitiative.org/safe-car-wash-app/">The Safe Car Wash app</a>. The app offers motorists a checklist to fill in when they use a hand car wash – and a number to call if warning signs are flagged up.</p>
<p>This is important, because while it might be easy to ignore the problem, the reality is about real people who may be trapped in exploitation, living under the threat of violence, with no alternative options.</p><img src="https://counter.theconversation.com/content/105165/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Akilah Jardine is a Research Associate with the Rights Lab, a University of Nottingham Beacon of Excellence
Akilah Jardine has received in-kind support from the Office of the Independent Anti-Slavery Commissioner to complete the research cited in this article.</span></em></p>Most hand car wash workers are subject to some form of labour exploitation, says new reportAkilah Jardine, Research Fellow in Antislavery Business and Communities, University of NottinghamLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1051532018-10-17T15:16:55Z2018-10-17T15:16:55ZSlavery was never abolished – it affects millions, and you may be funding it<figure><img src="https://images.theconversation.com/files/241048/original/file-20181017-41144-11hcppa.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C3984%2C2174&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Nail bars are havens for modern slavery.</span> <span class="attribution"><span class="source">shutterstock</span></span></figcaption></figure><p>When we think of slavery, many of us think of historical or so-called “traditional forms” of slavery – and of the <a href="https://www.ft.com/content/032fe4a0-9a96-11e8-ab77-f854c65a4465">12m people</a> ripped from their West African homes and shipped across the Atlantic for a lifetime in the plantations of the Americas. </p>
<p>But slavery is <a href="https://theconversation.com/modern-slave-trade-how-to-count-a-hidden-population-of-46-million-60275">not just something that happened in the past</a> –- the modern day estimate for the number of men, women and children <a href="https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_574717/lang--en/index.htm">forced into labour worldwide exceeds 40m</a>. Today’s global slave trade is so lucrative that it nets traffickers more than <a href="https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_243201/lang--en/index.htm">US$150 billion</a> each year.</p>
<h2>Slavery affects children as well as adults</h2>
<p>Debt bondage often ensnares both children and adults. In Haiti, for example, many children are sent to work by their families as domestic servants under what’s known as the <a href="https://restavekfreedom.org/issue/">Restavek system</a> – the term comes from the French language <em>rester avec</em>, “to stay with”. These children, numbering as many as <a href="https://restavekfreedom.org/issue/">300,000</a>, are often denied an education, forced to work up to 14 hours a day and are sometimes victims of sexual abuse.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/241042/original/file-20181017-41122-lujntx.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/241042/original/file-20181017-41122-lujntx.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/241042/original/file-20181017-41122-lujntx.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/241042/original/file-20181017-41122-lujntx.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/241042/original/file-20181017-41122-lujntx.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/241042/original/file-20181017-41122-lujntx.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/241042/original/file-20181017-41122-lujntx.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Slavery is a daily reality for 10m children around the world.</span>
<span class="attribution"><span class="source">Shutterstock</span></span>
</figcaption>
</figure>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/how-trafficked-children-are-being-hidden-behind-a-focus-on-modern-slavery-87116">How trafficked children are being hidden behind a focus on modern slavery</a>
</strong>
</em>
</p>
<hr>
<h2>Slavery is not always race based</h2>
<p>Then, as now, race is not always the main reason for enslaving someone. In the past, those who were living in poverty, who did not have the protection of kinship networks, those displaced by famine, drought or war were often caught up in slavery.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/what-does-modern-slavery-look-like-61187">What does modern slavery look like?</a>
</strong>
</em>
</p>
<hr>
<p>In the UK, <a href="https://www.theguardian.com/commentisfree/2018/jan/05/nail-bars-modern-slavery-discount-salons-booming-exploitation">nail salons</a>, <a href="https://www.expressandstar.com/news/2017/08/22/police-launch-major-raid-on-wolverhamptons-ming-moon-chinese-restaurant-in-modern-slavery-swoops/">restaurants</a>, <a href="https://theconversation.com/what-does-modern-slavery-look-like-61187">music festivals</a> and <a href="https://www.farminguk.com/News/Report-shines-light-on-modern-day-slavery-in-UK-agricultural-industry_49237.html">farms</a> have all be found to have people working in slavery. Victims of human trafficking come from <a href="https://www.bbc.co.uk/news/world-europe-39047787">all parts of the world</a> and all walks of life. There isn’t just one type of modern day slavery, it takes many forms.</p>
<h2>Your gadgets could be to blame</h2>
<p>The demand for certain types of goods has propelled slavery’s numbers. In the past, the desire for sugar drove the growth in slavery. Now, the <a href="https://edition.cnn.com/2014/09/26/opinion/freedom-project-verite-malaysia-supply-chains/index.html">global consumption of electronic goods</a> has exacerbated slavery in the Coltan mines of the Democratic Republic of Congo. Many slaves or trafficked victims are often exploited in mining for gold, coltan, molybdenum, niobium, tin – which can be used in <a href="http://blogs.worldwatch.org/slavery-cell-phone/">electronic goods sold around the world</a>.</p>
<p><a href="https://www.savethechildren.org.uk/where-we-work/africa/democratic-republic-congo">According to Save the Children</a>, 5,000 to 6,000 young children work in the Coltan mining industry, surrounded by armed guards to prevent their escape. Much of the profit from this trade goes to <a href="https://foreignpolicy.com/2010/02/11/africas-forever-wars/">fund ongoing militia warfare</a> in Central Africa.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/241049/original/file-20181017-41140-10fe4j8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/241049/original/file-20181017-41140-10fe4j8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=398&fit=crop&dpr=1 600w, https://images.theconversation.com/files/241049/original/file-20181017-41140-10fe4j8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=398&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/241049/original/file-20181017-41140-10fe4j8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=398&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/241049/original/file-20181017-41140-10fe4j8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=500&fit=crop&dpr=1 754w, https://images.theconversation.com/files/241049/original/file-20181017-41140-10fe4j8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=500&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/241049/original/file-20181017-41140-10fe4j8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=500&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Research has found children as young as seven mining cobalt used in smartphones.</span>
<span class="attribution"><span class="source">Shutterstock</span></span>
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</figure>
<h2>Traditional slavery still exists</h2>
<p>Chattel slavery (where one person is the property of another) is illegal but still exists especially in the <a href="https://www.reuters.com/article/us-mauritania-slavery/poverty-tradition-shackle-mauritanias-slaves-idUSL0187755020061201">West African country of Mauritania</a> – where abolitionists’ efforts to stamp out the practice have been in vain.</p>
<p>The organisation <a href="https://fightslaverynow.org/">Fight Slavery Now</a> says that today at least <a href="https://books.google.co.uk/books?id=BajHzj0Di8AC&pg=PA258&lpg=PA258&dq=ruth+macklin+90,000+mauritanian+slaves+owned+by+others&source=bl&ots=HX2ZzfJA5O&sig=FCyP1oSuLOLpTKGhmNrC9ibWzN0&hl=en&sa=X&ved=2ahUKEwi_zMvhv43eAhUIJcAKHagLC2AQ6AEwAHoECAkQAQ#v=onepage&q=ruth%20macklin%2090%2C000%20mauritanian%20slaves%20owned%20by%20others&f=false">90,000 Mauritanians</a> are the property of others, while up to 600,000 men, women and children are in a bonded labour situation – up to 20% of the population.</p>
<h2>India has most number of slaves globally</h2>
<p>India has the <a href="https://blogs.wsj.com/indiarealtime/2016/06/02/india-has-the-most-people-living-in-modern-slavery/">highest number of slaves in the world</a>, with estimates ranging from 14m to 18m people. In India many people work as slave labour <a href="https://www.antislavery.org/report-slavery-india-brick-kilns/">in the brick kiln industry</a> – this includes women and children.</p>
<p>Now, as in the past, <a href="http://www.endslaverynow.org/learn/slavery-today/bonded-labor">not all slaves are forced into slavery</a>. Historically, some experienced such severe poverty that they had no choice but to sell themselves to be bound to another person. And similar cases still happen around the world today. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/241047/original/file-20181017-41138-1v38oyr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/241047/original/file-20181017-41138-1v38oyr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/241047/original/file-20181017-41138-1v38oyr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/241047/original/file-20181017-41138-1v38oyr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/241047/original/file-20181017-41138-1v38oyr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=502&fit=crop&dpr=1 754w, https://images.theconversation.com/files/241047/original/file-20181017-41138-1v38oyr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=502&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/241047/original/file-20181017-41138-1v38oyr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=502&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Brick kiln workers in India are incredibly vulnerable to slavery.</span>
<span class="attribution"><span class="source">Shutterstock</span></span>
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<h2>It involves global movement</h2>
<p>Long distance movement is common in slavery of the past and the present. For West Africans in the pre-modern era, the journey across the Atlantic must have been unimaginable.</p>
<p>Today, labourers move around the world freely looking for work, but some end up caught in slavery-like situations. They are promised a good job with decent conditions and wages, but instead are trapped in a cycle of debt and despair, where they are bound to their employer with no chance of escape.</p>
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Read more:
<a href="https://theconversation.com/qatar-has-every-reason-to-enforce-new-workers-charter-23263">Qatar has every reason to enforce new workers charter</a>
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<p>Many of the workers constructing the stadia for the Qatar World Cup in 2022 come from South Asia. <a href="https://www.amnesty.org/en/latest/campaigns/2016/03/qatar-world-cup-of-shame/">Amnesty International says</a> these workers often have their meagre wages docked unjustly, their passports seized and are forced to work in life-threatening conditions.</p>
<h2>Slave soldiers fight in wars</h2>
<p>One similarity between historic and modern slavery is the use of enslaved labour, especially children, in armies.</p>
<p>In recent years, <a href="https://www.pri.org/stories/2017-05-23/ugandas-abducted-kids-try-get-their-lives-back-normal">at least 30,000 children</a> have been abducted and forced to labour in the <a href="https://theconversation.com/child-victim-or-brutal-warlord-icc-weighs-the-fate-of-dominic-ongwen-70087">Lord’s Resistance Army</a> led by Joseph Kony, in Northern Uganda.</p>
<p>Over four centuries ago, Christian children were valued as soldiers in the army of the Ottoman Empire. The children were taken from their homes, forced to convert to Islam and <a href="https://www.encyclopedia.com/history/modern-europe/turkish-and-ottoman-history/janissaries">put to work</a> in the military. </p>
<h2>Slavery was never abolished</h2>
<p>Today, an active abolition movement still exists. It applies lessons from the earlier abolition movement that ended the transatlantic slave trade – which recognised the importance of victim stories as a powerful tool to raise awareness.</p>
<p>Just as Africans such as <a href="http://abolition.e2bn.org/people_25.html">Olaudah Equiano</a> became part of the abolition movement in 18th-century London when they talked about their lives as slaves, so today, the benefit of encouraging survivors to share their <a href="https://www.bl.uk/romantics-and-victorians/articles/british-slave-narratives">stories is recognised</a>.</p>
<p>In the 1790s, to persuade the British government to end slavery in the British Empire, female abolitionists organised <a href="http://www.bbc.co.uk/history/british/abolition/abolition_tools_gallery_07.shtml">boycotts of sugar</a> that had been produced using slave labour and instead bought “fair trade” produce. Similarly, today, manufacturers and growers recognise that guaranteeing a product as fair trade – and free from slavery – will help their goods sell. </p>
<p>Slavery still exists in many forms today, and the impacts it has on millions of people are no less devastating than they were in the past. Yet ordinary people can use their power as consumers to combat modern slavery, simply by paying attention to what they buy, and raising awareness among their friends, family and colleagues.</p><img src="https://counter.theconversation.com/content/105153/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Catherine Armstrong does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Slavery still exists and it happens in plain sight.Catherine Armstrong, Lecturer in American History, Loughborough UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1027652018-10-16T23:11:24Z2018-10-16T23:11:24ZThe Modern Slavery Bill is a start, but it won’t guarantee us sweeter chocolate<figure><img src="https://images.theconversation.com/files/240777/original/file-20181016-165885-1xa1gth.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Many cocoa producers in Ghana and the Ivory Coast use child labour and child slave labour.</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>Is the Modern Slavery Bill at present before the Senate onerous?</p>
<p>It is if you are Nestle, because it might make your product more expensive. Or so it suggests <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/ModernSlavery/Submissions">in its submission to the Senate inquiry</a>.</p>
<p>The bill will require businesses with more than A$100 million in turnover to report annually on their actions <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=r6148">to address slavery risks in their supply chains</a>.</p>
<p>Cocoa beans are the main ingredient in chocolate. Most come from West Africa, mainly from the Ivory Coast and Ghana. The low prices paid to producers mean many harvest their cocoa using child labour and child slave labour.</p>
<h2>Where chocolate comes from</h2>
<p>Most <a href="http://www.foodispower.org/slavery-chocolate/">child slaves on cocoa farms</a> come from Mali and Burkina Faso, two of the poorest nations on Earth. The children, some as young as ten, are sent by their families or trafficked by agents with the promise of money. They are made to work long hours for little or no money. </p>
<p>While our chocolate companies have long known that children and child slaves pick their cocoa, <a href="https://cocoainitiative.org/news-media-post/finding-on-forced-labour-in-cocoa-in-the-2018-global-slavery-index/">it continues to happen to this day</a>. </p>
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<p>
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<strong>
Read more:
<a href="https://theconversation.com/should-australia-have-a-modern-slavery-act-79335">Should Australia have a Modern Slavery Act?</a>
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<p>In 2001 a deal was reached to end the practice. Known as the <a href="https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_007859/lang--en/index.htm">Harkin-Engel Protocol</a> in recognition of the two US senators who masterminded the agreement between the governments of West Africa, the United States, the International Labour Organisation and the cocoa industry, it has notched up achievements, but has not yet completely ended child slave labour. </p>
<h2>It’s not yet slave-free</h2>
<p>Nestle, which once paid insufficient attention to child labour, claims to have become <a href="https://www.confectionerynews.com/Article/2017/06/12/Nestle-top-in-child-labor-report">one of the leaders in rooting it out</a>. It touts its <a href="https://www.nestle.com/asset-library/documents/creating-shared-value/responsible-sourcing/nestle-cocoa-plan-child-labour-2017-report.pdf">transparency policy</a> as one of the world’s best. </p>
<p>Yet Nestle and other companies are complaining about the costs. The bill imposes none beyond the costs of examining the producer’s supply chain and preparing reports. The bill imposes <a href="https://www.theguardian.com/australia-news/2018/jun/28/modern-slavery-bill-welcomed-but-no-penalties-for-breaching-act">no penalties for non-compliance</a>.</p>
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<strong>
Read more:
<a href="https://theconversation.com/we-analysed-101-companies-statements-on-modern-slavery-heres-what-we-found-95561">We analysed 101 companies' statements on modern slavery – here's what we found</a>
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<p>It’s an approach known as “smart legislation”. It uses roaring (public pressure) rather than biting (hefty fines) to engender change.</p>
<p>It might not work. Companies certainly respond to public pressure, as Nestle did in 2010 after an infamous YouTube video of an office worker biting into an orangutan finger instead of a KitKat.</p>
<p>It said that from then on its Australian chocolate factories would use only <a href="https://www.nestle.com.au/media/newsandfeatures/nestle-australian-chocolate-factory-sustainable-palm-oil">segregated, certified sustainable palm oil</a> that didn’t involve the destruction of rainforest.</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/why-businesses-fail-to-detect-modern-slavery-at-work-82344">Why businesses fail to detect modern slavery at work</a>
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<p>But this year Nestle was <a href="http://www.abc.net.au/news/science/2018-06-29/nestle-suspended-sustainable-palm-oil/9923238">banned from the industry and non government organisation run Roundtable on Sustainable Palm Oil</a> because of its failure to submit reports.</p>
<p>It said it was committed to improving supply chain practices “through intervention on the ground, rather than relying on audits or certificates”.</p>
<h2>‘Smart’ might not be smart enough</h2>
<p>The bill is certainly an improvement on what has gone before, but it is far from certain that “smart legislation” will be enough. </p>
<p>In the meantime it will help if we vote with our mouths and buy chocolate <a href="http://www.slavefreechocolate.org/ethical-chocolate-companies/">certified as slave-free</a> because it is made from cocoa sourced from outside West Africa.</p>
<p>But it is hardly a perfect solution.</p><img src="https://counter.theconversation.com/content/102765/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The Modern Slavery Bill before the Senate is touted as ‘smart legislation’, because it asks for information rather than imposes penalties, but it mightn’t be enough.John Dumay, Associate Professor - Department of Accounting and Corporate Governance, Macquarie UniversityJames Guthrie, Distinguished Professor of Accounting, Macquarie UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/998632018-07-18T13:24:28Z2018-07-18T13:24:28ZSome people trapped in ‘modern slavery’ are underworked – and they pay a heavy price for it<figure><img src="https://images.theconversation.com/files/227679/original/file-20180715-27039-1s2o5hd.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/farmer-tractor-preparing-land-seedbed-cultivator-414636535?src=0fNe7bvVGxf2GtTzSCHXmA-2-57">Shutterstock</a></span></figcaption></figure><p>People trapped in modern slavery situations endure terrible conditions, threats to their safety, and limits on their freedom. Yet sometimes, they actually do less work than they really want to. It may sound unlikely, but as a business model of exploitation, it has its own warped logic. </p>
<p>The term “modern slavery” <a href="https://theconversation.com/what-does-modern-slavery-look-like-61187">usually describes</a> the very worst forms of human exploitation. Whether it is young girls forced into prostitution, construction workers trapped in bonded labour, or migrants forced onto fishing vessels to work for years at a time for no pay, the creativity with which exploitation is used to generate profits for some, at a terrible cost to others, knows few bounds. </p>
<p>The economic logic of extreme exploitation appears to be pretty simple. By using violence, threats or deception to force people into work they would not otherwise do, the exploiter solves a labour supply problem, reduces labour costs, and gets a lot more work out of people than if they were freely employed. </p>
<p>Most accounts of forced labour include descriptions of arduous and dangerous work, long working days, few (if any) days off, and squalid conditions. So surely it stands to reason that a ruthless “employer” would work their “slaves” as hard as they can. </p>
<p>Well, not quite – or at least, not always. <a href="https://journals.aom.org/doi/10.5465/AMBPP.2018.189">Our research</a> into the business models of modern slavery in the UK explored various situations where workers were forced into working long hours with little pay. But we also came across situations where apparent slaves, especially in the agricultural sector, appeared to be given very little work to do. Sometimes, this could be no work at all for stretches of several weeks, or only a few hours or one or two days per week. </p>
<h2>Debt collectors</h2>
<p>At first this perplexed us. Why would you coerce workers into a situation of forced labour if you were not going to work them as hard as you could? And make no mistake, these were forced labourers. They were intimidated by threat or force to stay with their employers. As the United Nations agency the <a href="http://www.ilo.org/global/about-the-ilo/lang--en/index.htm">International Labour Organisation</a> (ILO) <a href="http://www.ilo.org/global/topics/forced-labour/publications/WCMS_203832/lang--en/index.htm">puts it</a>, they were under “menace of penalty” if they tried to leave. So why were they given so little work? </p>
<p>The answer, we believe, comes from understanding the underlying business models of modern slavery. There are a variety of ways that people make money from modern slavery, and sometimes we have to go beyond the idea that it simply reduces labour costs. In the case of the underworked agricultural slaves, the business model of the companies employing them differed from how we might ordinarily understand the business of modern slavery. </p>
<p>Two features stood out in particular. First, the main way that “employers” exercised control over their workers was through debt bondage – usually instigated at the point of recruiting migrant workers overseas. As one of our informants explained: </p>
<blockquote>
<p>People [are] being told: ‘Well, you come to the UK, we’ll lend you the money, or if you get here we’ll provide you with accommodation and wages, work.’ And then when they get here they deliberately don’t give them any work to do. They say: ‘Look, in another two weeks’ time, three weeks’ time we can give you work. At the moment there’s none but don’t worry about it, you can stay in the accommodation we provided. [Here’s] a bit of money so you don’t starve, pay me back when you start getting your wages.’ So they sound very nice and reasonable, but the thing is to build up this bondage so they can’t just walk away.</p>
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<p>Second, the way that employers make money from forced labour in this situation is not just in reducing labour costs but in generating revenue from the sale of all these additional goods and services to workers under their control. Accommodation, food and transport are provided at monopoly prices to workers who have no other choices. These reap considerable rewards for employers as well as helping drive workers deeper into debt. </p>
<p>To service this debt, workers may secure funds from family members abroad or instant loan services, which enables their exploiters to generate additional revenue. In other cases, workers will merely continue to accumulate large amounts of debt, usually with undisclosed premium interest rates, that they cannot repay. Consequently, they are pushed further into financial dependence and become increasingly susceptible to continued exploitation. It becomes a cycle of debt and exploitation that is extremely difficult to break. </p>
<p>As a business model, this deviates from the norm because the employer deliberately takes on more workers than it needs for the work it expects to get. But this oversupply can be beneficial for the unscrupulous employer if it thinks of its workers as consumers (albeit consumers without a choice), as much as they are employees. The underworked agricultural “slaves” may have looked at first like an aberration. But actually they are a powerful illustration of the constant innovation in the business models of exploitation.</p><img src="https://counter.theconversation.com/content/99863/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Andrew Crane received funding from the Joseph Rowntree Foundation for this research. </span></em></p>There are other ways of exploiting victims in the ‘business model’ of modern slavery.Andrew Crane, Professor of Business and Society, University of BathLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/991352018-06-29T11:21:43Z2018-06-29T11:21:43ZModern Slavery Bill a step in the right direction – now businesses must comply<figure><img src="https://images.theconversation.com/files/225437/original/file-20180629-117389-gmjl2f.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Ours is a land of plenty, but Australian businesses will be asked to identify and stop issues with modern slavery in their production or supply chain.</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>This week has seen a significant milestone in the fight against modern slavery as the <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6148">Modern Slavery Bill</a> was introduced into the Australian parliament. When passed, the law will require companies with an annual turnover of more than $100 million to report annually on the risks of modern slavery in their operations and supply chains, and on the actions to address these.</p>
<p>The bill follows a <a href="https://www.aph.gov.au/modernslavery">parliamentary inquiry</a> last year. As the UK had introduced a <a href="http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted">Modern Slavery Act in 2015</a>, the parliamentary inquiry was specifically tasked with considering whether Australia should introduce comparable legislation. The bill also follows the <a href="https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=3488">NSW Modern Slavery Act</a> which was passed on June 21, 2018.</p>
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<strong>
Read more:
<a href="https://theconversation.com/should-australia-have-a-modern-slavery-act-79335">Should Australia have a Modern Slavery Act?</a>
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<p>Australia has benefited from the lessons learned in the UK. The bill has addressed some of the shortcomings from the UK Act by including reporting obligations for Commonwealth entities, and a legislated and government-funded repository for the modern slavery statements.</p>
<p>The lack of a central government repository for statements was felt to be a weakness of the UK legislation, although one is now managed by an <a href="http://www.modernslaveryregistry.org/">NGO</a>. According to the Australian bill, statements will be kept in an online repository that may be accessed by the public.</p>
<h2>What is modern slavery?</h2>
<p>There is often debate about what “modern slavery” actually means. The definition given in the bill is “conduct which would constitute” an offence under Division 270 or 271 of the Criminal Code. This covers offences such as slavery, servitude, forced labour, deceptive recruiting, trafficking in persons, debt bondage, forced marriage and organ trafficking.</p>
<p>The definition also includes <a href="https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XVIII-12-a&chapter=18&lang=en">trafficking in persons</a>, as defined in the international Trafficking Protocol and the <a href="http://www.ilo.org/ipec/Campaignandadvocacy/Youthinaction/C182-Youth-orientated/C182Youth_Convention/lang--en/index.htm">worst forms of child labour</a>.</p>
<p>Around the world, it is estimated there are almost <a href="http://www.ilo.org/global/topics/forced-labour/lang--en/index.htm">25 million people</a> in forced labour, working to produce goods or services for consumers like us. Long after Australia officially abolished slavery, the practice continues here and the <a href="https://www.globalslaveryindex.org/country/australia/">Global Slavery Index</a> estimates there are approximately 4,300 people trapped in modern slavery in Australia.</p>
<p>Slavery in the Southeast Asian fishing industries (the top suppliers of shellfish to Australian supermarkets); the harsh working conditions of construction workers in Qatar; and closer to home, the underpayment of Australian workers employed by companies like <a href="https://www.smh.com.au/interactive/2015/7-eleven-revealed/">7-Eleven</a>, <a href="https://www.smh.com.au/interactive/2017/the-dominos-effect/">Dominos</a> and <a href="https://www.fairwork.gov.au/about-us/news-and-media-releases/2017-media-releases/august-2017/20170811-ambeshwar-pizza-hut-newcastle-eu">Pizza Hut</a> are indicative of the oppressive working conditions that may amount to modern slavery.</p>
<h2>What will companies need to do?</h2>
<p>It is estimated more than 3,000 companies will have to report on modern slavery risks in their operations and supply chains, and the action they have taken to tackle these. Depending on the speed of the passage of the legislation, the first reports could be due by January 1, 2019. Businesses with revenue of less than $100 million can opt to report voluntarily.</p>
<p>The statements must describe the structure, operations and supply chains of the company, the risks of modern slavery practices in the operations and supply chains, and any entities the business owns or controls.</p>
<p>They must also describe the actions taken by the company and any entity it owns or controls, to assess and address the risks. </p>
<h2>What are the bill’s shortcomings?</h2>
<p>The bill is a welcome step forward but does fall short in a few key areas. The first is there are no penalties for companies that fail to report. This means enforcement is effectively left to NGOs which could use the public repository to “name and shame” companies, and to shareholders or investors who could put pressure on the companies to comply with their reporting obligations.</p>
<p>The second shortcoming is that unlike the UK, there is no provision for an anti-slavery commissioner who might otherwise help enforce the law. This raises questions about the efficacy of the “mandatory” scheme, which has no consequences for a failure to report. By contrast, the NSW Modern Slavery Act includes both provision for financial penalties for a failure to report and for the appointment of an Anti-Slavery Commissioner.</p>
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Read more:
<a href="https://theconversation.com/taking-on-modern-slavery-and-the-challenge-of-making-it-history-24563">Taking on modern slavery and the challenge of making it history</a>
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<p><a href="https://theconversation.com/should-australia-have-a-modern-slavery-act-79335">Academics</a> and NGOs have also stressed that although businesses are essential in identifying and tackling modern slavery, existing laws could be used more effectively to regulate workplaces and report on and prosecute cases of slavery and trafficking.</p>
<h2>What are the international trends in this area?</h2>
<p>Australia is not alone in proposing such laws. Business reporting on human rights is a growing trend, with a number of jurisdictions having introduced reporting or due diligence requirements in recent years. Some Australian companies already report under the UK Act.</p>
<p>In addition, comparable laws <a href="https://ec.europa.eu/info/business-economy-euro/company-reporting-and-auditing/company-reporting/non-financial-reporting_en">have been introduced</a> across the European Union and in some states and sectors in <a href="https://oag.ca.gov/SB657">the United States</a>. Denmark has <a href="http://csrgov.dk/file/319199/corporate_social_responsibility_and_reporting_in_denmark_november_2011.pdf.pdf">laws</a> requiring corporate social responsibility reporting, and in Brazil, there is a <a href="https://www.theguardian.com/sustainable-business/brazil-dirty-list-names-shames-slave-labour">“dirty list”</a> enabling public shaming of businesses using forced labour.</p>
<p>In 2017, the French parliament introduced a new due diligence law on human rights and the environment for businesses. Other European countries are also in the process of developing comparable laws, such as the Netherlands’ <a href="https://www.ul.com/consumer-retail-services/en/news-events/frequently-asked-questions-new-dutch-child-labour-due-diligence-law/">child labour due diligence laws</a>.</p>
<h2>What happens next?</h2>
<p>If the Modern Slavery Bill passes, it will be a significant step for Australia in reconciling the need for business to operate in a manner that ensures respect for workers’ basic human rights.</p>
<p>This is an opportunity for organisations to take their reporting obligations seriously. This means publishing reports that are the result of significant due diligence efforts that identify, track and monitor potential problems in their operations and supply chain.</p>
<p>While the bill is significant, it is also not as strong as it should be, and the government must follow through with its promise to review its impact in three years.</p><img src="https://counter.theconversation.com/content/99135/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The Modern Slavery Bill presents an opportunity for companies to take seriously their obligation to identify, track and monitor potential problems in their operations and supply chain.Fiona McGaughey, Lecturer, Law School, The University of Western AustraliaJustine Nolan, Associate professor, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/955612018-05-29T12:41:32Z2018-05-29T12:41:32ZWe analysed 101 companies’ statements on modern slavery – here’s what we found<figure><img src="https://images.theconversation.com/files/220747/original/file-20180529-80658-19u4b81.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/industrial-size-textile-factory-africa-african-12951325?src=u-rKoQfu0a40Kvm58Vclkg-1-61">shutterstock.com</a></span></figcaption></figure><p>Modern slavery includes human trafficking, servitude and forced labour, and tens of millions of people around the world <a href="https://www.weforum.org/agenda/2016/12/the-horrors-of-modern-slavery-in-numbers/">are thought to be affected</a>. It affects people in both <a href="http://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_574717/lang--en/index.htm">developing countries</a> and <a href="https://www.independent.co.uk/news/uk/crime/modern-slavery-uk-british-children-sexual-labour-exploitation-5000-record-nca-a8271331.html">developed countries, including the UK</a>.</p>
<p>Businesses can play a major role in either facilitating modern slavery or eradicating it. Yet firms are addressing modern slavery in their supply chains in many different ways, and the ways in which they report on their activity is sometimes vague and not particularly helpful. That’s the main finding from <a href="https://www.emeraldinsight.com/doi/full/10.1108/SCM-11-2017-0382">our new research</a> into modern slavery business reporting in response to recent UK legislation.</p>
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Read more:
<a href="https://theconversation.com/is-the-woman-doing-your-nails-a-slave-how-you-the-consumer-can-help-64264">Is the woman doing your nails a slave? How you, the consumer, can help</a>
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<p>Awareness of the problem of modern slavery led to the passing of the <a href="http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted">Modern Slavery Act in 2015</a>. The law requires businesses that supply goods or services with a turnover in excess of £36m to issue an annual slavery and human trafficking statement. This should outline the steps taken to ensure slavery is not occurring in any part of the business and, importantly, supply chain where it is harder to track if workers are trafficked or trapped into working in poor conditions.</p>
<p>The emphasis on the supply chain raises the stakes for organisations substantially. Their statements have to be made publicly available and be approved by the organisation’s leaders. </p>
<p>There are no fixed requirements for what must be included. But it has been suggested that the statement include details of the organisation’s structure; its policies on slavery and human trafficking; due diligence processes; the parts of its supply chain that are vulnerable and the steps taken to manage this risk; an assessment of the effectiveness of actions taken; and, details of training offered on modern slavery and human trafficking.</p>
<p>Companies have a great deal of freedom to decide what they say and do not say about modern slavery. This means there remains a vagueness surrounding the information they disclose. </p>
<h2>What we found</h2>
<p>We <a href="https://www.emeraldinsight.com/doi/full/10.1108/SCM-11-2017-0382">analysed the latest modern slavery statements</a> released by 101 firms in the clothing and textiles sector. This is an industry with supply chains all over the world, high labour intensity, and one that has experienced <a href="https://theconversation.com/rana-plaza-does-it-take-a-tragedy-to-make-businesses-responsible-50439">major problems</a> with the way it conducts its business in recent years. The industry is particularly susceptible to modern slavery due to the number of low-skilled jobs involved and this is compounded by the demand for <a href="https://theconversation.com/it-may-not-be-possible-to-slow-down-fast-fashion-so-can-the-industry-ever-be-sustainable-82168">fast, cheap fashion</a>.</p>
<p>For most companies we looked at, this was the first statement they had released since the 2015 Modern Slavery Act came into effect. Overall, we found a limited number of fairly standard detection and remediation practices, mainly aimed at first-tier suppliers. The most common detection practice is to conduct an audit against a company code of conduct. </p>
<p><a href="https://help-en-gb.nike.com/app/answer/article/modern-slavery-act-disclosure/a_id/70708/country/gb">Nike</a>, for example, publishes a code of conduct that its suppliers are expected to follow, alongside its global supplier list. Audits are carried out against the code of conduct, which requires a “respected, safe, fair and sustainable” working environment. Online retailer <a href="https://www.asosplc.com/%7E/media/Files/A/Asos-V2/documents/asos-modern-slavery-statement-2015-16.pdf">Asos</a>, meanwhile, provides detailed action plans of their remediation techniques for modern slavery issues such as migrant, refugee, child and contract workers. </p>
<p>The most common response to the discovery that a supplier is not meeting a buyer’s expectations is to put a plan in place to remedy this. A series of corrective actions are agreed, planned over a reasonable timeframe, supported by the buyer and overseen by regular follow-up audits. For example, an investment into the equipment workers are using may be agreed upon. </p>
<p>In reality, this is not as good a solution for modern slavery as it is for other, often more minor social issues. Issues like blocked fire exits or poor chemical safety are easy for companies to identify and their suppliers to fix – without causing too much of a public relations headache (unless they are only identified in the aftermath of a major disaster). </p>
<p>But something as criminal and deliberate as forced labour makes it hard for buyers to act in any other way than reporting it to the appropriate authorities and cracking down on it. So the intangible element of how workers are treated, which can be difficult to evaluate, may offer greater temptation for the supplier (or their supplier) to hide violations. </p>
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<img alt="" src="https://images.theconversation.com/files/220780/original/file-20180529-80629-qxfqjr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/220780/original/file-20180529-80629-qxfqjr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=399&fit=crop&dpr=1 600w, https://images.theconversation.com/files/220780/original/file-20180529-80629-qxfqjr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=399&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/220780/original/file-20180529-80629-qxfqjr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=399&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/220780/original/file-20180529-80629-qxfqjr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=502&fit=crop&dpr=1 754w, https://images.theconversation.com/files/220780/original/file-20180529-80629-qxfqjr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=502&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/220780/original/file-20180529-80629-qxfqjr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=502&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">It’s difficult to evaluate how supply chain workers are treated.</span>
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<p>Buyers cannot easily support or allow for solutions to modern slavery discoveries without admitting fault – as any response other than reporting it to the appropriate authorities could be interpreted as being complicit in criminal activity.</p>
<h2>Substantial diversity</h2>
<p>There was substantial diversity in the statements we analysed. This reflects the newness of the legislation and it’s likely that responses will become more standardised over time, as expectations develop.</p>
<p>Only 62% of the 101 statements we looked at had been formally signed by the board of directors – despite this being a requirement of the legislation. This draws into question whether the legislation has elevated modern slavery from the procurement department to the boardroom. It also challenges the idea that a firm’s disclosure strategy is in line with its overall corporate strategy. </p>
<p>Another issue we found was that firms refer to future plans or achievements that related to other social or even environmental issues like reducing their water use, possibly as a distraction tactic – to divert attention away from how little they have done, in some cases, about modern slavery so far.</p>
<p>For detection practices to be rolled out across global supply chains, firms may need to work together to have a greater say with suppliers and law enforcers. Or they may need to mobilise vulnerable workers to their raise concerns – a form of whistleblowing. </p>
<p>Companies must also examine what part they may play in encouraging modern slavery, such as by driving down supplier prices or demanding ever-quicker production. These practices play a big role in pushing suppliers to pursue cheap labour solutions and illicit subcontracting.</p><img src="https://counter.theconversation.com/content/95561/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Businesses can play a major role in either facilitating modern slavery or eradicating it.Rosanna Cole, Deputy Director (Centre for Sustainable Enterprise Management), University of SurreyMark Stevenson, Professor of Operations Management, Lancaster UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/871162018-01-19T14:12:53Z2018-01-19T14:12:53ZHow trafficked children are being hidden behind a focus on modern slavery<figure><img src="https://images.theconversation.com/files/202410/original/file-20180118-158528-1slfyko.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">shutterstock</span> </figcaption></figure><p>The crime of modern slavery has received much attention in the last few years. The British government introduced the <a href="http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted">Modern Slavery Act</a> in 2015, and the prime minister, Theresa May, <a href="http://www.telegraph.co.uk/news/2016/07/30/we-will-lead-the-way-in-defeating-modern-slavery/">said she wanted</a> “tough new penalties to put slave masters behind bars where they belong”.</p>
<p>But what exactly do we mean by “modern slavery”? According to the <a href="http://www.antislaverycommissioner.co.uk/">UK’s Anti-Slavery Commissioner</a>, modern slavery <em>is</em> human trafficking. But they are not the same thing – and putting them under the same title puts some victims at risk of being ignored.</p>
<p>The term “modern slavery” invokes a moral outrage that no one would disagree with. There are frequent <a href="http://www.bbc.co.uk/newsbeat/article/42719044/modern-slavery-nail-salons-using-trafficked-individuals">news stories</a> of vulnerable people being forced to work in appalling conditions and “slave drivers” being prosecuted for labour exploitation. The new focus on labour exploitation requires businesses to demonstrate supply chain transparency and produce “modern slavery statements” to show that it is not taking place in their companies. </p>
<p>But this focus also detracts from other forms of trafficking that are taking place. Child trafficking, in particular, remains hidden by all the attention focused on modern slavery. Children are not likely to be visible in labour markets, which are dominated by adults – a factor exacerbated by the clandestine operations of traffickers exploiting children within private homes, cannabis factories or brothels.</p>
<p>We already know that children and young people who are trafficked are not just exploited for their labour. Children can be bought, sold and resold by abusers who mistreat them sexually and physically, or use them to commit crime. </p>
<p>We need to uncover the exploitation and harm of children in forms which are not yet recognised as child trafficking. Children being sold the dream of modelling contracts in London, Paris or Milan, for example, who instead experience drug abuse, sexual exploitation and rape.</p>
<p>The present economic focus of modern slavery is far too narrow and adult-focused. </p>
<p>The UK has just started to make inroads into understanding what human trafficking is, how it happens, the impact on victims and the many forms it can take. So why change what we call it? </p>
<h2>An opportunity missed</h2>
<p>The Modern Slavery Act was an opportunity to make it easier for victims to come forward. But the legislation took a different direction, focusing on prosecuting those abusing labour for profit. </p>
<p>It also introduced tougher penalties for traffickers and gangmasters – yet shockingly, more <a href="http://news.bbc.co.uk/today/hi/today/newsid_9767000/9767836.stm">victims were being prosecuted</a> for crimes associated with trafficking than traffickers. Later, in response to concerns that victims continued to be criminalised, the Act introduced a statutory defence clause for them.</p>
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<p>Yet for children, that clause involves a “reasonable person test”, which places onus on the children themselves to provide evidence of their trafficking, in order to access protection from prosecution. But how can a child <em>prove</em> they were psychologically manipulated, coerced or sold a convincing story of the hope of better life opportunities? </p>
<p><a href="http://opus.bath.ac.uk/50783/">New research</a> with children who have been trafficked has highlighted that a system which is meant to support victims remains <a href="http://opus.bath.ac.uk/50783/1/GEARON_Alinka_PhD_Thesis_29_5_16.pdf">focused on immigration and prosecution</a>. This approach does not help children, or support them to escape conditions of slavery. </p>
<p>In some situations, when children have come forward to the police or immigration officials, they have been not been believed and instead been <a href="http://opus.bath.ac.uk/50783/">left in the hands of traffickers</a> – even when the children were explicitly stating they were being hit, beaten, used or sold for sex. Children are arrested and prosecuted for trafficking-related crimes and <a href="https://www.theguardian.com/global-development/2013/dec/20/trafficking-victims-forced-crime-let-down-police">some end up in adult prisons</a>.</p>
<p>Until this changes, children will remain hidden and continue to suffer multiple and repeated abuse. Urgent reform is needed. </p>
<p>The research with trafficked children also highlighted that when they approached frontline agencies for help, they were too often <a href="http://opus.bath.ac.uk/50783/">met with racism and xenophobia</a>. They felt they were not listened to and not believed in an immigration-driven system. Yet the Home Office, with its economic and immigration focus, continues to be responsible for tackling “modern slavery” including child trafficking. </p>
<p>The system is not helping. We need to listen to what victims of trafficking abuse are actually telling us. In the UK, the Department for Education should urgently take control of child trafficking as a child protection and welfare problem to better address the harm and abuse children suffer. </p>
<p>Child trafficking is not a migration or immigration issue – and the motive for dealing with it should not be economic or prosecution focused. Children need help from adults to stop abuse and exploitation. Their protection should be the priority above all other matters.</p><img src="https://counter.theconversation.com/content/87116/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Alinka Gearon does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Young victims remain at risk because current laws are focused on concerns over immigration and the economy.Alinka Gearon, Lecturer in Social Work specialising in child trafficking and child protection, University of BathLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/823442017-09-11T11:02:09Z2017-09-11T11:02:09ZWhy businesses fail to detect modern slavery at work<figure><img src="https://images.theconversation.com/files/183726/original/file-20170829-10454-fu9zcg.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Chains of employment.</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/modern-kitchen-busy-chefs-hotel-273413618">Shutterstock</a></span></figcaption></figure><blockquote>
<p>I can tell you the farm where the steak on your plate came from. Probably even the name of the cow. But we have no idea where the workers came from that work in our kitchens.</p>
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<p>That was the very frank admission from a senior executive of a major British hotel chain we spoke to as part of <a href="http://onlinelibrary.wiley.com/doi/10.1111/rego.12162/full">our research</a> into modern slavery. Companies can increasingly trace where their products come from – but not the workers who produce them. </p>
<p>According to the National Crime Agency, there <a href="https://www.theguardian.com/world/2017/aug/10/modern-slavery-uk-nca-human-trafficking-prostitution">could be tens of thousands of victims</a> of modern slavery and human trafficking in the UK. The crime is is far more prevalent than law enforcement previously thought.</p>
<p>And businesses have little hope of detecting modern slavery practices unless they adopt a new approach that focuses specifically on their labour supply chains. </p>
<p>Twenty years ago, most high street retailers didn’t have a clue where the things they sold came from. But a revolution in responsible business practices has now led to companies spending vast sums of money tracing the source of their products. </p>
<p>As part of the ever expanding remit of responsible sourcing, everything is examined – from working conditions to waste, and corruption to carbon emissions.</p>
<p>Increased attention to modern slavery has pushed extreme forms of worker exploitation up the corporate agenda, most notably (in the UK) with the introduction of the <a href="https://www.gov.uk/government/collections/modern-slavery-bill">2015 Modern Slavery Act</a>. While companies were understandably nervous of additional regulation, many assumed that they were already well prepared, given the investments they had made in responsible sourcing practices. </p>
<p><a href="http://onlinelibrary.wiley.com/doi/10.1111/rego.12162/full">Our research</a> suggests they were wrong. </p>
<p>The problem is that current approaches to responsible sourcing tend to focus on tracing the product supply chain. But the key issue in tackling modern slavery is in understanding the labour supply chain. These are often unregulated networks through which forced or trafficked workers may be recruited, transported, and supplied to business by third party agents. </p>
<p>A labour supply chain consists of a sequence of relationships a worker might go through to end up in work. The chain might be short, consisting simply of a producer and a worker. Or, particularly where international movement is involved, there may be multiple layers of intermediaries, agents, brokers, traffickers and gang-masters. </p>
<p>The problem for people like the executive of the hotel chain we spoke to (who knew his steaks), is that some of the workers in those kitchens may well have been supplied by unscrupulous agents. Agents who, unbeknown to the hotel, are subjecting the workers to highly exploitative labour practices. </p>
<p>These can include withholding their passports, forcing them to work for little or no pay, threatening them or their families, or tricking them into racking up huge debts through deductions for accommodation, food, transport and other “services”. Some will even have paid to get the job in the first place.</p>
<p>The challenge in dealing with these types of practices is that companies cannot easily trace where workers have come from or the types of exploitation they have been exposed to. But some have taken positive steps. Apple, for example, has banned the <a href="http://www.macworld.co.uk/news/apple/apple-ends-system-of-recruitment-fees-that-tied-labor-to-contractors-3597756/">payment of recruitment fees by workers</a> in their supplier factories. </p>
<h2>Chains of labour</h2>
<p>In the UK, responsible labour providers <a href="http://stronger2gether.org">have set up programmes</a> to improve standards and better identify modern slavery practices. Such initiatives are helpful, but the stark reality for companies struggling to cope with the threat of modern slavery is that, for the most part, the labour chains remain invisible. </p>
<p>Our research, based on interviews with experts in business, NGOs, trade unions, law firms, and the police, shows that informality, and layers of subcontracting, thwart even the most well-intentioned companies. </p>
<p>In agriculture, suppliers often have little idea of who is working for them. One of our sources explained:</p>
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<p>You call someone, you say I want 20 people, and that person maybe has five people at their disposal. So he phones somebody else and says, have you got some people and they go, yeah I have got three but I can get you another eight, so he phones his mate. It is very, very informal.</p>
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<p>These different agents will rarely if ever be formally documented as official suppliers and so the audit trail will typically overlook them. As one social auditor, employed to check on worker conditions for high street companies, explained to us: “You can’t check all those agents who are responsible for all the people who’ve been on the farm. So there could always be another group of people who aren’t written down and this happens commonly.”</p>
<p>Leading UK companies are starting to wake up to the fact that their existing systems for detecting worker abuse simply are not fit for purpose for uncovering modern slavery. But, as new initiatives emerge, the critical factor determining their success will be whether they meaningfully address the labour supply chains that feed their business. </p>
<p>It is these chains that make slavery-like practices seemingly invisible even when the workers subjected to them are right in front of us in the farms, factories and construction sites that surround communities.</p><img src="https://counter.theconversation.com/content/82344/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Andrew Crane received funding from the Joseph Rowntree Foundation for this research. </span></em></p><p class="fine-print"><em><span>Genevieve LeBaron received funding from the Joseph Rowntree Foundation for this research.</span></em></p>Supply chains are much clearer than they used to be but the same can’t be said about labour.Andrew Crane, Professor of Business and Society, University of BathGenevieve LeBaron, Senior Lecturer in Politics, University of SheffieldLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/642642016-08-24T09:37:19Z2016-08-24T09:37:19ZIs the woman doing your nails a slave? How you, the consumer, can help<figure><img src="https://images.theconversation.com/files/135163/original/image-20160823-30238-124ajqo.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/37553027@N02/8532621134/">Lucy Fisher</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span></figcaption></figure><p>Britain’s <a href="https://www.gov.uk/government/collections/modern-slavery-bill">modern slavery laws</a> are now almost 18 months old. They send a strong message to people who trade in human beings – you will be pursued, arrested, and brought to justice.</p>
<p>But in practice, there have only been a small number of prosecutions under the laws, even though there are somewhere between <a href="https://www.gov.uk/government/news/true-scale-of-modern-slavery-in-uk-revealed-as-strategy-to-tackle-it-published">10,000 and 13,000</a> victims of modern slavery living in the UK. Now the Salvation Army is reporting a <a href="http://www.independent.co.uk/news/uk/crime/slavery-victims-increases-fivefold-in-four-years-says-salvation-army-a7203791.html">five-fold increase</a> in the number of victims it has assisted since 2012. </p>
<p>In July, following concerns that the number of crimes being reported was falling well short of the real number of cases, the government pledged £33m to boost the fight against modern slavery. Its current approach relies heavily on public cooperation to tackle this crime. There have been numerous high profile calls for the British public to open their eyes and ears to spot slavery around them.</p>
<p>If they suspect a case of modern slavery, they are asked to report it in a number of ways – online, by calling the police, or by calling a <a href="https://modernslavery.co.uk/report-it.html">helpline</a>. Yet, my <a href="http://journals.plos.org/plosone/article?id=10.1371%2Fjournal.pone.0153263">recent research</a> reveals that the public’s understanding of what this crime looks like and whether it actually affects them on a day-to-day basis is dangerously muddled.</p>
<p>In the West Midlands, where the number of <a href="http://www.nationalcrimeagency.gov.uk/publications/210-ukhtc-nrm-statistics-oct-dec-2013">potential victim referrals</a> is particularly high, the vast majority of people who completed a 30 question survey for our research did not believe modern slavery affected them. They didn’t understand what psychological coercion was and were largely unaware of why victims were trafficked. They often confused trafficking with immigration, thinking that it was the smuggling of illegal immigrants, and that victims allowed themselves to be trafficked to enter the country. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/135170/original/image-20160823-30212-1lmum4h.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/135170/original/image-20160823-30212-1lmum4h.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=402&fit=crop&dpr=1 600w, https://images.theconversation.com/files/135170/original/image-20160823-30212-1lmum4h.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=402&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/135170/original/image-20160823-30212-1lmum4h.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=402&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/135170/original/image-20160823-30212-1lmum4h.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=505&fit=crop&dpr=1 754w, https://images.theconversation.com/files/135170/original/image-20160823-30212-1lmum4h.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=505&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/135170/original/image-20160823-30212-1lmum4h.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=505&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">How much does a bargain really cost?</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/ben_on_the_move/3415946690/in/photolist-6cRBWA-6JJswN-4mxb8j-6S8jfM-6g6HZy-d8xdcS-9vVViM-abQyA3-cmqkxL-reyHR8-6fSXcE-5MHKT-djgd7c-84DAKe-hVdd3m-o1Xx38-d8xbFo-dBPy9B-5MwKvT-5YZe2w-6BpFYv-dzmvDN-9eMRG6-jGqGvb-hxVxy-6FgSTg-q8yWL5-byZDCi-9SXYqv-7P9s1W-ainmtM-AnRMwm-5p2KBc-a164QP-orSXc-bXEEcs-5oyMjT-8rZwLd-7hiiyj-bkmjSt-9ua3Jh-bDwtQM-a8TW66-81Rq8b-6uapbc-4XJsbd-8LaGrn-62xfMq-9ASLz1-rybYbW">ben_osteen</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<p>This suggests that the general public is likely to see victims as willing partners in criminality. That makes things worse for the victim and even fuels the potential idea that they somehow deserve their fate.</p>
<p>Psychological abuse, coercion and mental manipulation play a powerful role in recruiting and controlling modern day slaves. Perpetrators typically live and work with their victims, watching and managing their movements, taking them to work and collecting them. Victims do not travel alone, and their identity papers, driving licence and passport are taken away.</p>
<p>They are denied access to healthcare and living conditions are cramped and unclean. Aggressive, credible threats are used to create anxiety, despair and humiliation, thereby ensuring compliant behaviour. The insidious, non-physical nature of this type of control means that modern slavery is easy to conceal. We cannot see it, and so we do not ask questions because we assume a victim will show physical signs of abuse and restraint.</p>
<h2>How to spot slavery</h2>
<p>In a value-for-money consumer environment, it’s unsurprising that many of us don’t bother to consider whether the people working in the cheapest nail bar, or the quickest and cheapest hand car wash in our towns are doing so willingly. But the reality is that many of them might not be. </p>
<p>The public are an influential interest group, but only if they are well informed and motivated towards positive action. People must be encouraged to think hard about where and how they spend their money, and look out for the subtle indicators of forced labour.</p>
<p>For example, are you being asked to pay in cash when you get your nails done? Are you not given a receipt? Do you ask for a receipt? Does the person polishing your nails or cleaning and waxing your car speak any English? Do they avoid eye contact and appear nervous of communicating? Does this service cost much, much less than the identical service offered over the road? Do you wonder why the same people are working every day of the week, from early morning until late at night? We must all ask ourselves these questions.</p>
<p>It is entirely possible that someone you have direct contact with, in a nail bar or a car wash for example, may be a victim of modern slavery. The nail bar and hand car wash industries have grown significantly over the past few years, and while many businesses are perfectly legitimate, intelligence has indicated that it is common for some in both industries to exploit victims of trafficking.</p>
<p>The public’s poor understanding of how to spot slavery undoubtedly fuels the secret trade in people. Despite their best intentions, the public don’t report crimes because they don’t know what to look out for. Asking yourself some basic questions when you visit a nail bar or a car wash, is, though, a good place to start.</p><img src="https://counter.theconversation.com/content/64264/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Coral Dando does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Research shows the public has a poor understanding of what slavery is and how often they encounter it. Here’s how to tell if your manicurist is working against their will.Coral Dando, Professor of Psychology, University of WestminsterLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/602752016-06-07T08:38:24Z2016-06-07T08:38:24ZModern slave trade: how to count a ‘hidden’ population of 46 million<figure><img src="https://images.theconversation.com/files/124652/original/image-20160531-1925-7e3tcm.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">shutterstock</span> <span class="attribution"><span class="source">ChameleonsEye/Shutterstock</span></span></figcaption></figure><p>In 1860, just before the outbreak of the American Civil War, the United States carried out a <a href="https://www.census.gov/history/www/through_the_decades/overview/1860.html">national census</a>. One result was the very precise count of <a href="http://www.americanbar.org/content/dam/aba/images/public_education/publications/SocialEd79_SlaveryanditsLegacies.pdf">3,953,761 slaves</a> in the country, amounting to 12.6% of the total population. It was the last clear cut count of slavery in a national population in history.</p>
<p>Since the abolition of legal slavery, it has become a hidden and uncountable crime, making it hard to gauge the number of people truly affected. Globally, slavery takes many forms, with most slaves doing dirty, dangerous, demeaning work – digging and breaking rocks, shaping bricks by hand, <a href="https://theconversation.com/modern-slavery-is-destroying-the-environment-to-meet-demand-for-shrimps-and-pet-food-59015">cutting down forests</a> with hand axes, or scrubbing floors. </p>
<p>Modern slavery is especially hard to measure compared to other crimes. This is something <a href="https://www.walkfree.org/">Walk Free</a> and Hull University’s <a href="http://www2.hull.ac.uk/fass/wise.aspx">Wilberforce Institute</a> has tried to change with the <a href="http://www.globalslaveryindex.org/">Global Slavery Index</a>. By applying a method which was first used to estimate the number of fish in a Swedish fjord, and combining it with a survey of more than 25 countries, researchers have been able to get a widespread picture on the crime of slavery, from a global perspective.</p>
<figure class="align-left ">
<img alt="" src="https://images.theconversation.com/files/124641/original/image-20160531-1964-1czahbj.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/124641/original/image-20160531-1964-1czahbj.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=587&fit=crop&dpr=1 600w, https://images.theconversation.com/files/124641/original/image-20160531-1964-1czahbj.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=587&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/124641/original/image-20160531-1964-1czahbj.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=587&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/124641/original/image-20160531-1964-1czahbj.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=738&fit=crop&dpr=1 754w, https://images.theconversation.com/files/124641/original/image-20160531-1964-1czahbj.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=738&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/124641/original/image-20160531-1964-1czahbj.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=738&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">African American slave family representing five generations all born on the same plantation in South Carolina.</span>
<span class="attribution"><span class="source">Everett Historical/Shutterstock</span></span>
</figcaption>
</figure>
<p>The 2016 Global Slavery Index estimates there are <a href="http://www.globalslaveryindex.org/">45.8m people worldwide in slavery today</a>. This is an increase on previous estimates of 36m, but this does not necessarily mean that slavery is on the rise. Instead, the best way to view this figure is simply that the microscope is getting stronger, and better focused every year. This means we are now able to see slavery much more clearly, in places we weren’t able to in the past.</p>
<h2>Counting a crime</h2>
<p>In criminology, the difference between the actual number of crimes and the officially reported number of crimes is called the “<a href="http://www.academia.edu/6721162/Deviance_Crime_and_Social_Control_the_Dark_Figure_of_Crime">dark figure</a>”. There is a “rule of dark figures” which states that the more serious the crime, the more likely it is to be reported to the authorities. For example, <a href="http://webarchive.nationalarchives.gov.uk/20160105160709/http://www.ons.gov.uk/ons/rel/crime-stats/crime-statistics/focus-on-violent-crime-and-sexual-offences--2012-13/rpt---chapter-2---homicide.html">the dark figure for murder is normally far below 1%</a>, but the dark figure for vandalism <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/116417/hosb1011.pdf">might be as high as 95% </a> – so nearly everyone who experiences vandalism doesn’t bother to report it. This is a clear pattern in most countries, but there are two types of crime that often confound this rule.</p>
<p>Rape and sexual assault are very serious crimes, but are rarely reported to the police. This is primarily due to the social stigma attached to and felt by those who have been assaulted, along with the fear they might not be believed. Victims of slavery also feel stigma and shame, in part because sexual assault is very common in slavery cases. But slavery also defies measurement for a unique reason. </p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/124643/original/image-20160531-1943-34t2iu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/124643/original/image-20160531-1943-34t2iu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/124643/original/image-20160531-1943-34t2iu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=464&fit=crop&dpr=1 600w, https://images.theconversation.com/files/124643/original/image-20160531-1943-34t2iu.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=464&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/124643/original/image-20160531-1943-34t2iu.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=464&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/124643/original/image-20160531-1943-34t2iu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=583&fit=crop&dpr=1 754w, https://images.theconversation.com/files/124643/original/image-20160531-1943-34t2iu.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=583&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/124643/original/image-20160531-1943-34t2iu.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=583&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Painting showing the abolition of slavery in the French Colonies in 1848.</span>
<span class="attribution"><span class="source">Everett - Art/Shutterstock</span></span>
</figcaption>
</figure>
<p>Normally, to determine the level of any specific crime in developed countries, the results of a <a href="http://webarchive.nationalarchives.gov.uk/20160105160709/http://www.ons.gov.uk/ons/guide-method/method-quality/specific/crime-statistics-methodology/guide-to-finding-crime-statistics/crime-survey-for-england-and-wales--csew-/index.html">national sample crime survey</a> are compared to the official arrest and conviction rate. When being counted, all crimes are treated as “events” – also known as short single episodes – a mugging for example may only take one or two minutes. </p>
<p>But slavery is a crime which starts, and then continues for an indeterminate time – the victimisation may last for days, months, or even years. This unique fact about slavery crime means it can rarely be measured using national crime surveys, as the victim is so often hidden away, enslaved, and not available to answer questions.</p>
<h2>Understanding slavery</h2>
<p>This is what researchers are up against when they try to understand the scale of slavery across the world. In an attempt to combat this, for the slavery index, we cast the net wider and instead of just individuals, we surveyed households and families to see if anyone knew anyone who had experience of slavery. </p>
<p>Much like the 1860 US Census, these surveys provide an estimate of the proportion of the population who are enslaved, and includes cases that happened in other countries. For example, respondents in national surveys in Nepal identified significant numbers of family members enslaved in Qatar and other Gulf States. </p>
<figure class="align-left zoomable">
<a href="https://images.theconversation.com/files/124645/original/image-20160531-1943-1jehpsf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/124645/original/image-20160531-1943-1jehpsf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/124645/original/image-20160531-1943-1jehpsf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=399&fit=crop&dpr=1 600w, https://images.theconversation.com/files/124645/original/image-20160531-1943-1jehpsf.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=399&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/124645/original/image-20160531-1943-1jehpsf.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=399&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/124645/original/image-20160531-1943-1jehpsf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=501&fit=crop&dpr=1 754w, https://images.theconversation.com/files/124645/original/image-20160531-1943-1jehpsf.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=501&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/124645/original/image-20160531-1943-1jehpsf.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=501&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Children of brick factory workers in Kolkata, India.</span>
<span class="attribution"><span class="source">arindambanerjee/Shutterstock</span></span>
</figcaption>
</figure>
<p>These household surveys work well in countries in the developing world, but in North America and Europe more active law enforcement means criminals work hard to keep their slaves hidden – plus the total number of slaves in the population is much smaller. Fortunately a statistical technique called multiple systems estimation (MSE) can provide reliable estimates of these hidden populations. </p>
<p>First used to estimate the number of fish in a Swedish fjord, MSE has been regularly used to determine <a href="https://hrdag.org/syria">the number of civilian deaths in ongoing conflicts</a>, such as the current civil war in Syria. It works by comparing lists of casualties from hospitals, police, and families, to determine an estimate of the total killed. When applied to slavery, it creates an estimate by comparing the lists of victims known to different agencies, such as the police, non governmental organisations (NGOs), and social service providers. </p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/124655/original/image-20160531-1951-da41ef.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/124655/original/image-20160531-1951-da41ef.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/124655/original/image-20160531-1951-da41ef.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=432&fit=crop&dpr=1 600w, https://images.theconversation.com/files/124655/original/image-20160531-1951-da41ef.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=432&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/124655/original/image-20160531-1951-da41ef.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=432&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/124655/original/image-20160531-1951-da41ef.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=543&fit=crop&dpr=1 754w, https://images.theconversation.com/files/124655/original/image-20160531-1951-da41ef.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=543&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/124655/original/image-20160531-1951-da41ef.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=543&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Child labour on tea plantations in India.</span>
<span class="attribution"><span class="source">PavelSvoboda/shutterstock</span></span>
</figcaption>
</figure>
<p>The UK was the first country to use this technique to estimate slavery, in late 2014, and immediately revised its official figures upwards from the 2,744 cases that were known to exist to an estimated 10,000 to 13,000 slaves, which is where the estimated figure stands today.</p>
<p>As the modern antislavery movement pushes forward, these new breakthrough methods mean there is a yardstick to gauge the progress of liberation. This is important because you can’t solve a problem you can’t understand, so a metric is crucial if effective action is to be taken. </p>
<p>Knowing the geographical spread of slavery also brings with it knowledge of which products and commodities might be tainted by bondage – such as the minerals in our phones and laptops. And as the estimates become more precise, governments, NGOs, and international bodies can mark their progress (or lack thereof) allowing us to trace the best roads to freedom.</p><img src="https://counter.theconversation.com/content/60275/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Kevin Bales does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The number of people in slavery across the world is on the rise, or maybe researchers are just getting better at counting.Kevin Bales, Professor of Contemporary Slavery, University of HullLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/324792014-10-06T05:12:26Z2014-10-06T05:12:26ZFantasies of tattooed trafficking victims obscure the real problem<figure><img src="https://images.theconversation.com/files/60772/original/cr8f94br-1412335067.jpg?ixlib=rb-1.1.0&rect=16%2C4%2C738%2C502&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">It's not what you think.</span> <span class="attribution"><a class="source" href="http://www.shutterstock.com/pic-131822927/stock-photo-girl-with-a-bar-code-on-her-neck-the-protection-personal-data.html?src=jbLn0HFWImNKvIgTv_PtRw-1-1">science photo via Shutterstock</a></span></figcaption></figure><p>Theresa May’s much vaunted <a href="https://theconversation.com/theresa-mays-slavery-bill-wont-help-domestic-workers-20669">Modern Slavery Bill</a> is designed to stamp out what she describes as a “disgusting trade in human beings”, and a <a href="http://www.nationalcrimeagency.gov.uk/news/news-listings/452-nca-human-trafficking-report-reveals-22-rise-in-potential-victims">new report on trafficking from the National Crime Agency</a> (NCA) has supposedly underlined the urgency of that project. </p>
<p>The NCA tells us that 2,744 “potential victims of human trafficking” were encountered by the authorities in the calendar year 2013, an increase of 22% compared to 2012. But what really grabbed the headlines was the report’s note on traffickers marking “potential victims with tattoos, with various symbols signifying ownership or to show that a victim is over 18”. </p>
<p>This lurid detail, and the “surge” in the number of victims, was eagerly picked up by the press, with papers of all stripes falling over themselves to express their outrage. Even the relatively sober-minded Independent was <a href="http://www.independent.co.uk/news/uk/crime/human-traffickers-victims-branded-like-cattle-9763468.html">practically frothing at the mouth</a>: </p>
<blockquote>
<p>The victims have been “branded like cattle” - a practice commonly seen worldwide for women in the sex trade – to show that they were aged over 18, the National Crime Agency (NCA) said.</p>
</blockquote>
<p>The notion of humans being branded this way for the purposes of commerce is certainly troubling and shocking. But it also stretches the bounds of credibility.</p>
<h2>Sense check</h2>
<p>There is a huge and growing <a href="http://economics.uchicago.edu/pdf/Prostitution%205.pdf">body</a> of <a href="https://www.ncjrs.gov/pdffiles1/nij/grants/234472.pdf">empirical</a> <a href="http://ccrweb.ca/en/sex-trafficking-women-canada-results-qualitative-metasynthesis-empirical-research">research</a> on <a href="https://theconversation.com/the-nordic-model-of-prostitution-law-is-a-myth-21351">sex work</a> around the <a href="https://theconversation.com/the-scarlet-isle-the-politics-of-male-sex-work-in-ireland-19404">world</a>, and the tattooing of workers is not one of the practices it systematically documents. Nor does the practice as it’s been reported based on the NCA’s work make much sense outside of sadistic, pornographic fantasy. </p>
<p>If thugs were criminally coercing someone into prostitution, why would they care whether she was 17 or 18 years old? Conversely, if they were supplying women to managers of establishments that would only accept sex workers aged over 18, why would those managers be satisfied by a tattoo, as opposed to identity documents, as evidence of the worker’s age? </p>
<p>Perhaps we’re not really talking about a practice common to the global sex trade in general, but actually about a very marginal phenomenon associated with gangs in specific and limited locations. And if tattooing were actually common practice among those who coerce women into prostitution, <a href="http://aspe.hhs.gov/hsp/07/humantrafficking/IdentVict/ib.htm">victim identification</a> would be a far simpler matter.</p>
<p>In fact, the NCA report speaks only of information that “suggests that victims may be marked,” and admits “the extent to which this is used in the UK is not known”. </p>
<p>Unfortunately, journalists appear to have been so excited by the tattooing story that they neither noted this, nor dug much deeper into other aspects of the report and the hugely complex issues it raises. </p>
<p>Had they done so, they might have observed that the headline figure of 2,744 “encountered” cases is actually whittled down to 1,746 cases considered worthy of being referred into the National Referral Mechanism, and that of those cases, 37% were rejected as not having “reasonable grounds” for a trafficking claim. That leaves 1,095. </p>
<p>How many of those cases will end with official recognition of the person as a Victim of Trafficking is as yet unknown, but in 2012, only 18% of a total of 2,255 “potential victims of trafficking” were positively identified as trafficked. If the same proportion of the report’s headline figure gets through in 2013, we will be talking about just 494 officially acknowledged victims – probably none of whom have been forcibly tattooed.</p>
<h2>In harm’s way</h2>
<p>May has framed her battle against “modern slavery” as a moral campaign to protect the vulnerable from evil, and the NCA report certainly offers us glimpses of how vulnerable certain groups are in contemporary Britain. </p>
<p>It mentions temporary migrant workers placed in squalid and overpriced accommodation by exploitative employers. It flags up the sex sector as a site in which some workers are exploited and abused. It shows that the homeless and unemployed are sometimes recruited outside job centres or soup kitchens for exploitation in tarmacking and paving work, or offered accommodation and food in exchange for participation in criminal activities.</p>
<p>It also offers yet another reminder that various groups of children, particularly those in local authority care, and unaccompanied asylum seekers, are at critical risk of sexual and other forms of exploitation.</p>
<p>But these very real and serious vulnerabilities do not exist in a vacuum. Workers become vulnerable when they are not unionised, when they’re tied to unscrupulous employers by visas such as those our government issues to domestic workers, or when their workplaces are not properly monitored. </p>
<p>The austerity era has made many of these problems worse: the <a href="http://www.gla.gov.uk/">Gangmasters Licensing Authority</a>, tasked with monitoring gangmaster-controlled work worth £1.34bn to the UK economy, has had its budget cut by 17% between 2011 and 2014, and now <a href="http://www.theguardian.com/commentisfree/2014/feb/03/morecambe-bay-cockle-pickers-tragedy">employs just 37 investigators to cover all of Britain</a>. Sex workers, meanwhile, become particularly vulnerable when laws surrounding sex work drive them underground (a problem not helped by the highly politicised production of <a href="https://theconversation.com/campaigners-for-sex-workers-face-bullying-and-bad-data-21549">shoddy evidence</a>). </p>
<p>Above all, the vulnerability of the 2,744 people listed in the NCA report, and many thousands more besides, is a product of precisely the kind of draconian immigration and welfare policy that May favours – and a real effort to protect them would require taking an axe to many of the government’s most populist and tough-sounding policies.</p>
<p>But of course, that wouldn’t make for very titillating news.</p><img src="https://counter.theconversation.com/content/32479/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Julia O'Connell Davidson currently holds a Leverhulme Major Research Fellowship on "Modern slavery and the margins of freedom".</span></em></p>Theresa May’s much vaunted Modern Slavery Bill is designed to stamp out what she describes as a “disgusting trade in human beings”, and a new report on trafficking from the National Crime Agency (NCA…Julia O'Connell Davidson, Professor of Sociology, University of NottinghamLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/281232014-06-18T11:13:05Z2014-06-18T11:13:05ZBusiness-friendly Slavery Bill puts profit before human rights<p>After years of campaigning and lobbying, several evidence reviews, a draft government Bill (last September), and pre-legislative scrutiny from a joint select committee of peers and MPs, the UK government finally published its <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/318771/CM8889DraftModernSlaveryBill.pdf">Modern Slavery Bill</a> on June 10. It aims to have the Bill pass into law before the general election is called next year.</p>
<p>The government’s commitment to legislating in this area is welcome, given the <a href="http://www.jrf.org.uk/publications/forced-labour-uk">increasing body of evidence</a> which suggests that child and adult victims of trafficking for sexual or labour exploitation, those subject to forced labour, exploited domestic workers and those who have had their organs trafficked may number possibly tens of thousands within the UK alone. This is without counting those who work in slavery conditions, producing goods and services such as clothing and foodstuffs in other countries which are then sold on through supply chains to high-street stores in the UK. </p>
<p>However, although the government has clearly taken note of some of the issues raised by charities, activists and researchers working in this area, for example retaining the prominence of forced labour as a separate offence, the Bill now before parliament raises some serious questions about the depth of the government’s commitment to the issue. It’s also clear from the Bill that the government lacks understanding of some key problems and the need to confront the question of why and how slavery occurs in the first place. Put simply, the draft legislation continues to place private profit before human rights.</p>
<h2>Modern slave trade</h2>
<p>Perhaps the most contentious area relates to the question of supply chains. It is quite clear that many – possibly most – of the major retailers in the UK that source their goods from abroad (or indeed within this country) profit from slavery-like practises occurring within their supply chains. This may be inadvertent in many cases, but most companies tend to look the other way or claim it is the responsibility of subcontractors further down the line. The result of this indifference can be seen in, for example, the deaths of hundreds of clothing workers in Bangladesh, workers who were supplying goods to companies such as Primark. Despite lobbying for a regulatory framework from some of the more responsible companies, the government <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/300265/bis-14-651-good-for-business-and-society-government-response-to-call-for-views-on-corporate-responsibility.pdf">insists a voluntary approach is preferable</a> and has removed all references to supply chains from its Bill.</p>
<p>The government has agreed to the establishment of the post of an <a href="http://www.antislavery.org/includes/documents/cm_docs/2014/a/atmg_briefing_antislavery_commissioner_march_2014.pdf">anti-slavery commissioner</a> with a defined budget, staff and some powers to oversee the battle against modern slavery. However, the independence of this post – protected in other countries such as <a href="http://www.ecpat.org.uk/content/dutch-national-rapporteur">the Netherlands and Finland</a> where similar appointments have been made – is compromised by the fact that it is seen by government as essentially a civil service post, supported by seconded civil servants from the Home Office. The home secretary has reserved powers to scrutinise reports and redact them where necessary. What is required is a truly independent post with the authority to report directly to parliament and not to government, leaving the anti-slavery commissioner to be frank in his or her critiques of how well the fight against modern slavery is working.</p>
<p>One welcome addition to the Bill has been the recognition that many victims of slavery – for example young men forced into the large-scale <a href="http://www.theguardian.com/law/2013/apr/07/human-traffic-victims-drug-factories">farming of cannabis</a> in warehouses and private homes – have been convicted of criminal offences and jailed instead of being treated as victims. There will now be a statutory defence for these people enabling them to avoid criminalisation. It is hoped that many more victims will then come forward, always assuming they are able to escape their enslaved context. </p>
<p>Child victims of sexual or labour exploitation may also enjoy greater support if the government (now trialling the idea) finally agrees to establish a system of independent advocates for children.</p>
<h2>Flawed mechanism</h2>
<p>However the major problem remains that most victims of slavery in the UK fail to be identified by the agencies responsible for doing so. The government has finally agreed to review the <a href="http://www.ecpat.org.uk/content/national-referral-mechanism">National Referral Mechanism</a>, the system through which alleged victims of trafficking are formally identified as such. This mechanism is seriously flawed. Many organisations tasked to make use of it are unaware of it and too many of those processed within it end up being labelled as illegal immigrants. </p>
<p>The link between trafficking and immigration has to be clearly broken in policy, practice and in political statements so that victims feel confident that their cases will be heard fairly.</p>
<p>The government has moved the <a href="http://www.gla.gov.uk/">Gangmasters’ Licencing Authority</a> out of the Department for Environment, Food and Rural Affairs, where it was located after the Morecambe Bay tragedy, and into the Home Office, to bring it closer to policing systems but its remit (which is very narrow) and resources (which were <a href="http://www.theguardian.com/law/2012/mar/05/gangmasters-watchdog-defra-licensing-authority">recently cut</a> by more than 20%, despite widespread support for its work), remain an area of immense concern.</p>
<p>At present, an illegal gangmaster pursued by the GLA can simply shut down an operation and re-open a business in an area not regulated by the GLA. The government has refused to reverse its earlier decision on domestic workers, which leaves them <a href="http://www.huffingtonpost.co.uk/2014/03/31/uk-domestic-servant_n_5061990.html">particularly prone to suffer physical and sexual slavery</a>. </p>
<p>The government claimed in the Queen’s Speech that it would offer a business-friendly legislative programme. We can now see what this means in the context of modern slavery, where the needs of businesses and employers will be put before the protection of thousands of workers who are at risk of profound and appalling levels of exploitation.</p><img src="https://counter.theconversation.com/content/28123/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Gary Craig is convenor of the Forced Labour Monitoring Group: <a href="http://www.forcedlabour.org">www.forcedlabour.org</a></span></em></p>After years of campaigning and lobbying, several evidence reviews, a draft government Bill (last September), and pre-legislative scrutiny from a joint select committee of peers and MPs, the UK government…Gary Craig, Professor of Community Development and Social Justice, Durham UniversityLicensed as Creative Commons – attribution, no derivatives.