Human trafficking and forced labour

Abstract

Purpose -During the last ten years, the International Labour Organisation (ILO), and some other international organizations, have increasingly addressed human trafficking from a "forced labour" perspective. The purpose of this paper is to clarify the terminology in relation to human trafficking and forced labour, to highlight the links between them, and to provide a critique of the ILO approach. It also aims to make the case for the implementation of a specific international instrument to address the link between trafficking and forced labour. Design/methodology/approach -This paper compares the definitions of human trafficking and forced labour, the link between them in the United Nations, European and ILO instruments. Findings -Although human trafficking is a criminal activity, the ILO identifies it as a form of forced labour. The paper concludes that, no matter what role the trafficking victims have in participating in the criminal activities, they should be viewed as victims and witnesses. They should not be viewed as "workers" or "labourers". Any minor under the age of 18 years, in accordance with the European and international instruments, has no legal capacity to give consent to being exploited. Originality/value -This paper argues that the international and European instruments do not specifically address the link between trafficking and forced labour. There is a need for a specific international instrument prescribing the link between trafficking and forced labour. In the absence of such an international instrument, there is a piece meal approach by international bodies and countries toward the regulation of trafficking and forced labour.

Corporate liability for modern slavery

“…Human trafficking (Bakirci, 2009) is a multifaceted and complex issue. International instruments first dealt with the slave trade starting from 1904.…”

New Zealand's turbulent waters: the use of forced labour in the fishing industry

“…The context of the © 2015 The Author(s) industry is an important consideration. Trafficking tends to occur where demand for labour is high and regulatory frameworks governing labour are weak (Crane 2013); it is most often associated with labour-intensive industries such as agriculture, construction, manufacturing and fisheries (Bakirci 2009;Belser 2005;Kara 2011;UNODC 2011), particularly industries incorporated into GPNs (Phillips and Mieres 2015). Crane (2013: 54) notes that 'primary industries that have become uncompetitive because of low market prices and high costs with existing technologies might perceive the necessity of coerced labor brought as close as possible to zero cost to survive'.…”

International Migration and Human Trafficking in Malaysia: A Study on Illegal Immigrants

“…25;2015 situation of the employee, exploitation and law status (Richard, 2004). In addition, victims of trafficking labour consists of cheap labour working in several sectors such as agriculture, construction, domestic service, food service, manufacturing and entertainment where they are hired illegally without any health and security insurance (Bakirci, 2009). Even then, the concept of labour trafficking in Malaysia can be associated with the existence of two elements, that is exploitation and involuntary.…”

“…This is considered as the most profitable trafficking activity and with the high technology communication systems in this era, this issue has become even more complex. Sex trafficking victims are often forced to engage in sexual activities such as prostitution, pornography, strip dance and adult massage parlours (Bakirci, 2009). The United States Department of State (2008) justified sex trafficking victims as those constantly facing threat if the trafficker's demands are not fulfilled.…”

“…This is because involuntary element and the nature of the job where the victim is constantly under threats and this is the basis for exploitation elements which leads to human trafficking. Therefore, Bakirci (2009) says that women that become human trafficking victims are considered victims of crime and not forced labour.…”