This essay focuses on Modern Slavery which covers human trafficking, slavery, forced labour and domestic slavery. It will concentrate on forced labour within the Modern Slavery Act 2015. It will outline what force labour means, review statistics that evidence the extent of the problem, and then make some recommendations to stop forced labour.
According
to International Labour Organisation (ILO) (2017) forced labour refers to the
act of coercing or deceiving someone into working against their will. Victims
of forced labour are often controlled by their ‘employers’ through various
means such as threats, physical harm, confiscation of identity documents and
the withholding of wages. Indirect force may be used such as retaining the documentation
of the foreign nations to prevent them from returning to their native country. They
go on to say that forced labour and human trafficking are modern forms of slavery
and require attention. They are not identical within the legal system. Most
situations of slavery and human trafficking are covered by their definition of
forced labour.
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Children.gov.on.ca commented in a ‘Review
of the Roots of Youth Violence’ paper that rational choice theory is based on
the original opinions of classical criminology, which enables people to freely
choose their behaviour and is motivated by the avoidance of pain and to search
for pleasure. In terms of
offending, rational choice suggests that offenders weigh the potential benefits
and consequences associated with committing an offence. Rational choice
focuses on the opportunity to commit crime and on how criminal choices are
structured by the social environment and situational variables.
The
ILO reported in 2017, that there is an estimation of 40.3 million people in
modern slavery. This includes 24.9 million in forced labour and 15.4 million who
are in forced marriages. This means there are 5.4 victims of modern slavery to
1,000 people in the world. Roughly 10 million children are victims of modern
slavery. Of the 24.9 million people who are trapped in forced labour, 16
million people are exploited as domestic work, construction or agriculture by
the private sector, 4.8 million people are exploited within the sex world and 4
million people are forced labour by the state authorities.
Below
the charts in figure 1 and figure 2 shows the ILO’s Global estimates of modern
slavery: including forced labour and forced marriage.
The Modern Slavery Act 2015 protects
people held for slavery or servitude and if they are forced into it or
compulsory labour beyond their will. Also, human trafficking is covered by The
Act, by making it an offence if anyone arranges and enables another person to
travel, who is going to be exploited. This person can be either an adult or
child. The Modern Slavery Act 2015 consolidates existing offences of human trafficking
and slavery and encompasses trafficking for all forms of exploitation. This Act
replaces offences of human trafficking arising under section 59A Sexual
Offences Act 2003 and section 4 Asylum and Immigration Act 2004. The Act also
replaces the offence of holding another person in slavery or servitude or
requiring another person to perform forced or compulsory labour arising under
section 71 Coroners and Justice Act 2009 (cps.gov.uk). This consolidation of
existing regulations into a single statue is an important development in the UK
because hopefully to improve the conviction rates current criminal offences in
relation to slavery and trafficking and by increasing the maximum penalty to
deter potential offenders. Tilley (2009) notes the general value of specific
deterrence within a Direct Criminal Justice System (CJS) Approach points out
that offenders are deterred from committing future crimes by the unpleasantness
of punishment, by having harsher penalties and these seeing others being
punished and will other individuals from committing crimes.
The Independent
Anti-Slavery Commissioner Strategic Plan 2015–2017, was produced by the
government in line with the Modern Slavery Act 2015. The Strategic Plan
acknowledges the scale of the problem of modern slavery and makes practical
recommendations to try to address the issues. Within the document the Home
Office estimates in UK that there were between 10,000 – 13,000 potential
victims of modern slavery in 2014. There is some improvement to identify
possible victims, so they can be removed from exploitation and protect them
from further harm and enable them to receive the right help they need. Those
victims often suffer from varied physical and psychological health issues. Some
are classed as serious problems from the direct results of exploitation they
may have suffered. It is important to make the victims feel safe and secure and
protect them from harm by getting them the support and care once they are
removed from those who have been exploiting them. This is so they can be empowered
to increase their long-term healing, strength, and regain into inclusive society
and to rebuild their lives. The way forward for this to be achieved is to work
with the Home Office, border control and health agencies across UK. Appropriate
awareness raising, and training should be put in place and promoted regularly.
They also need to regularly review the associated material is fit for purpose about
helping the potential victims to access appropriate support and assistance.
More
work is necessary within the immigration, border control, trading standards,
police, courts and prosecution. Additionally, training is required to highlight
the potential signs of victims whether they are UK citizens or foreign
citizens. If police and the community should be vigilant and aware that a
property has barred windows or curtains are permanently drawn, this may be
because victims of modern slavery are possibly being held there. This is done
to prevent them from climbing out. Other indications could be if the letterbox
sealed up, so it cannot be used and is there any sign of electricity attached
to neighbouring properties or directly from power lines. If businesses are
using people for forced labour then they may be wearing inappropriate clothing
required for the job, have poor hygiene, be fearful or unwilling to engage with
the public or other colleagues.
The
report outlines that modern slavery in the UK is a high profit and low risk
crime. The reason for modern slavery is a high profit and low risk crime
because human trafficking is one of the fastest
growing criminal enterprises. Criminal organizations are increasingly attracted
to human trafficking because, unlike drugs, humans can be sold repeatedly.
Human trafficking not only involves sex and labour, but people are also
trafficked for organ harvesting. So criminal organisations can distance
themselves easily from the victims by selling them on regularly. In 2014
the Home Office estimated that approximately 11,500 potential victims of modern
slavery across UK. They also report there were just 2,340 potential victims
reported to the National Referral Mechanism. The National
Referral Mechanism (NRM) is a framework for identifying victims of human
trafficking or modern slavery and ensuring they receive the appropriate
support. Very few modern slavery crimes come the attention of the police and
criminal justice agencies and even fewer offenders are caught and convicted. The
report estimates that 187 prosecutions involving human trafficking offences were
flagged up by the Crown Prosecution Service in 2014-15 and 130 of those cases
resulted in a successful conviction. However, data from Ministry of Justice showed
only 39 convictions in 2014 from slavery and human trafficking offences as a
principal offence. The discrepancy arguably indicates that the Crown
Prosecution Service and Ministry of Justice are not working together
effectively.
The anti-slavery organisation highlights how the UK can challenge modern slavery. They state there are three areas to focus on. Firstly, in policing. Although modern slavery has become more visual it has been rising considerably over the past few years. Some cases are still turned away by the police because they are not believed, and those who has been forced into crime have been treated as criminals. Secondly, is identification. The referral system in use often only looks at victims of forced labour through their immigration status. This means people from outside the European Union are up to four times less likely to be recognised as victims of trafficking and are often deported rather than protected. Also, visa rules also prevent overseas domestic workers from leaving abusive employers and seeking out new ones. This often leads them to suffer abuse in silence. Lastly, is protection. Protection and support for victims of trafficking is inconsistent, especially after all the government cuts and cost-efficiency savings. The victims of forced labour who have survived and been rescued, have been in a safe house to recover but that is only for a limited time and they do not get long-term support even if they need it, so they can fully recover and get their lives back on track. They also state that the protection of children is also of great concern. A Child Guardianship scheme has been included in the Modern Slavery Act, but the full implementation of it is not scheduled until mid-2019.
To
help to prevent and reduce modern slavery, it would help to have a multi-agency
team, which should include the police, health and social services, local
authority, immigration, border control and trading standards. This is to be
able to prevent other crimes committed within the modern slavery (forced
labour) and crimes being committed by the victims of forced labour when trying
to escape captivity.
Organisations
like health and social services, local authority, housing departments,
voluntary organisations are available to support the police with supporting
victims of modern slavery. Some voluntary organisations which are available
includes refuge, shelter, NSPCC, Women’s Aid and translation organisations. These
agencies can help victims to trust authorities that they are there to help and
will not deport them back to their original country. Deportation will not be
done for up to 90 days as the victims have access to ‘move-on’ support, such as ongoing
accommodation, counselling, expert advice and advocacy before the final
decision is made (Newton, gov.uk). They can then hopefully set up a peer group
to be able to support others with their experiences with agreement to have a
councillor on hand if people need to talk through things as and when needed.
Other
recommendations that possibly need to be in place are to have more border
agency staff at ports and air ports to be able to check all vehicles arriving
to stop illegal immigrants being brought in against their will or have paid the
drivers to do so for a better life. More checks are needed on foreign national
coming in with little money to support themselves. To disrupt criminal activity
Tilley (2009) says there should be intelligence led policing to monitor and
trace criminal organisations, and learn more about the offenders’ behaviour
patterns. Also, when taken to court those drivers caught should be imposed with more severe fines because
the fines are only £2,000 per migrant (express, 2017). For people who employ
illegal immigrants’ penalties should be more severe than they are. At the
present the sentences are imprisonment for 5 years
and pay a fine of up to £20,000 for each illegal worker (gov.uk). Lastly, it is
recommended that literature is published and advertised in different languages
to help people what they need to do if they are victims or know someone who is
possibly a victim of modern slavery (forced labour).
In conclusion this
essay focused on modern slavery and mainly forced labour. It has highlighted
that people are still victims of modern slavery (forced labour) since the
Modern Slavery Act 2015 came into force. Modern Slavery Act 2015 and the
Strategic plan are positive steps, but more is needed to be done to address
modern slavery, given the extent and complexity of the issue. For example,
importantly more public awareness need to be advertised to know what modern
slavery and forced labour is about and what signs to look out for and how to
report their fears. Also, the sentencing for people convicted needs to be more
severe, and more convictions are needed to highlight the crime and raise
awareness for the public and make them aware something to there to prevent it.
References
Adu, A. 2017. Lorry drivers receive
record number of fines for bringing illegal immigrants into Britain. Available:
www.express.co.uk/news/uk/821265/migrant-crisis-lorry-drivers-fined-immigrants-sneak-UK-vehicles.
Last accessed 26 November 2017.
antislavery. 2017. What is modern slavery? Available:
https://www.antislavery.org/slavery-today/modern-slavery/. Last accessed 4
December 2017.
CPS. 2017. Human Trafficking,
Smuggling and Slavery. Available:
http://www.cps.gov.uk/legal/h_to_k/human_trafficking_and_smuggling/. Last
accessed 19 December 2017.
gov.uk. 2016. Penalties for employing
illegal workers. Available:
https://www.gov.uk/penalties-for-employing-illegal-workers. Last accessed 26
November 2017
Hyland, K. 2015. Independent Anti-Slavery Commissioner
Strategic Plan 2015–2017. Available: http://www.antislaverycommissioner.co.uk/media/1075/iasc_strategicplan_2015.pdf.
Last accessed 29 November 2017.
Hyland, K. 2017. Independent
Anti-Slavery Commissioner: Annual Report 2016 – 2017. Available: http://www.antislaverycommissioner.co.uk/media/1164/iasc_annual-report-16-17-web.pdf.
Last accessed 4 December 2017.
International Labour Organisation and
Walk Free Foundation. 2017. Global estimates of modern slavery: forced
labour and forced marriage. Available: http://www.ilo.org/wcmsp5/groups/public/@dgreports/@dcomm/documents/publication/wcms_575479.pdf.
Last accessed 16 December 2017.
International Labour Organization
(ILO). 2014. The meanings of Forced Labour. Available:
http://www.ilo.org/global/topics/forced-labour/news/WCMS_237569/lang–en/index.htm.
Last accessed 2 December 2017.
Myers, N. 2016. Review of the Roots of Youth Violence:
Literature Reviews Volume 5, Chapter 3: Available:
http://www.children.gov.on.ca/htdocs/English/professionals/oyap/roots/volume5/chapter03_rational_choice.aspx.
Last accessed 6 January 2018.
Newton, S. 2016. Modern slavery
victims to receive longer period of. Available: https://www.gov.uk/government/news/modern-slavery-victims-to-receive-longer-period-of-support.
Last accessed 28 December 2017
The Modern Slavery Act 2015
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