Modern slavery: the concepts and their practical implications
This paper takes a historical approach examining important differences between individual and systemic cases of coercion which necessitate distinct legal and policy responses.
The prohibition of slavery, forced labour, institutions and practices similar to slavery and trafficking in persons are enshrined in international law, however debates about the relationship between these concepts – and how they should be translated into domestic law – have at times led to confusion about how best to tackle the enormous challenges posed by contemporary forms of forced labour or what is often called “modern forms of slavery”.
Roger Plant emphasises the importance of a pragmatic approach to these questions. In his paper, he lays out the important differences between individual and systemic cases of coercion – both historically and today – which necessitate distinct legal and policy responses. He concludes that rather than seeking an exact consensus over definitions, the focus should be on identifying the most appropriate forms of action, taking into account these differences, against the various forms of coercion and exploitation.
This Working Paper was commissioned by SAP-FL in the context of ILO’s recent standard setting process on forced labour. In March 2013, the Governing Body placed a standard-setting item on the agenda of the 103rd Session (2014) of the ILC, with a view to supplementing the Forced Labour Convention, 1930 (No. 29) and emphasizing prevention, protection and compensation measures. In June 2014, the ILC adopted a new legally binding Protocol to the Forced Labour Convention, 1930, supported by a Recommendation on Supplementary Measures for the Effective Suppression of Forced Labour (No. 203), to strengthen global efforts to eliminate forced labour. The new instruments bring the ILO’s standards against forced labour into the twenty-first century to address effectively all forms of modern-day forced labour, including human trafficking. They complement existing international standards and aim to achieve greater policy coherence at national, regional and global levels.
Roger Plant emphasises the importance of a pragmatic approach to these questions. In his paper, he lays out the important differences between individual and systemic cases of coercion – both historically and today – which necessitate distinct legal and policy responses. He concludes that rather than seeking an exact consensus over definitions, the focus should be on identifying the most appropriate forms of action, taking into account these differences, against the various forms of coercion and exploitation.
This Working Paper was commissioned by SAP-FL in the context of ILO’s recent standard setting process on forced labour. In March 2013, the Governing Body placed a standard-setting item on the agenda of the 103rd Session (2014) of the ILC, with a view to supplementing the Forced Labour Convention, 1930 (No. 29) and emphasizing prevention, protection and compensation measures. In June 2014, the ILC adopted a new legally binding Protocol to the Forced Labour Convention, 1930, supported by a Recommendation on Supplementary Measures for the Effective Suppression of Forced Labour (No. 203), to strengthen global efforts to eliminate forced labour. The new instruments bring the ILO’s standards against forced labour into the twenty-first century to address effectively all forms of modern-day forced labour, including human trafficking. They complement existing international standards and aim to achieve greater policy coherence at national, regional and global levels.
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Author(s)
- Roger Plant