The Judicial Qualification of Labour Exploitation in Law: the Role of Indicators

2021 ◽  
pp. 225-238
Keyword(s):  
Author(s):  
Genevieve LeBaron

This introductory Chapter provides an overview of the political, methodological, and ethical challenges of researching forced labour in the global economy tackled in this Volume. It argues that in spite of these challenges, researchers are pioneering fresh approaches to understanding the business of forced labour that are anchored in strong empirical methods, rather than outdated theoretical propositions or sensationalist newspaper headlines. This burgeoning and interdisciplinary body of research challenges conventional narratives about the nature and role of modern slavery. It reveals that rather than an individualised, randomly occurring human rights issue caused by the moral shortcomings and greed of unscrupulous employers, severe labour exploitation is a coherent and predictable feature of many sectors and regions within the global political economy. The methodological reflections contained within this Volume offer a resource for academics and practitioners seeking to understand forced labour, the factors that shape vulnerability to this phenomenon, and the variegated mechanisms through which businesses systemically profit from labour exploitation.


2020 ◽  
pp. 026101832090431
Author(s):  
Stuart N. Hodkinson ◽  
Hannah Lewis ◽  
Louise Waite ◽  
Peter Dwyer

Abolishing ‘modern slavery’ has now achieved international policy consensus. The most recent UK initiative – the 2015 Modern Slavery Act (MSA) – includes amongst other aspects tougher prison sentencing for perpetrators and the creation of an independent anti-slavery commissioner to oversee its implementation. However, drawing on research into forced labour among people seeking asylum in England, this article argues that when considered alongside the UK government’s deliberate creation of a ‘hostile environment’ towards migrants, not least in the Immigration Acts of 2014 and 2016, state action to outlaw modern slavery is flawed, counter-productive and disingenuous. We show how the MSA focuses only on the immediate act of coercion between ‘victim’ and ‘criminal’, ignoring how the hostile state vulnerabilises migrants in ways that compel their entry into and continued entrapment within severe labour exploitation.


2021 ◽  
pp. 097325862110029
Author(s):  
Mohan J. Dutta

Drawing on a digital ethnography and in-depth interviews conducted with low-wage migrant workers in hyper-precarious working conditions amidst ongoing neoliberal transformations in India and Singapore, this manuscript offers a comparative framework for examining the limits of pandemic communication. Interrogating the ideology of behaviourism that forms the dominant approach, the narratives point to the organizing role of structures as sites of labour exploitation. The exploitative labour conditions constitute the backdrop amidst which the migrant workers negotiate their health and well-being.


2017 ◽  
Vol 27 (4) ◽  
pp. 414-434 ◽  
Author(s):  
Judy Fudge

Treating the United Kingdom’s Modern Slavery Act as its focus, this article examines what the legal characterization of labour unfreedom reveals about the underlying conception of the labour market that informs contemporary approaches to labour law in the United Kingdom. It discusses how unfree labour is conceptualized within two key literatures – Marxist-inspired political economy and liberal approaches to modern slavery – and their underlying assumptions of the labour market and how it operates. As an alternative to these depictions of the labour market, it proposes a legal institutionalist or constitutive account. It develops an approach to legal characterization and jurisdiction that is attentive to modes of governing and the role of political and legal differentiation both in producing labour exploitation and unfree labour and in developing strategies for its elimination. It argues that the problem with the modern slavery approach to unfree labour is that it tends to displace labour law as the principal remedy to the problem of labour abuse and exploitation, while simultaneously reinforcing the idea that flexible labour markets of the type that prevails in the United Kingdom are realms of labour freedom.


Author(s):  
Robert Caruana

Investigating severe forms of labour exploitation presents a series of particular methodological challenges to researchers in the field, including access to respondents, credibility of data, reliability of measures, researcher ethics and the practical and political dimensions of study design. For researchers embarking on qualitative approaches – whether it involves interviews, ethnography and/or documentary forms of analysis – this Chapter seeks to illuminate the potential of a discursive approach to understanding severe forms of labour exploitation. It aims specifically to help understand how severe forms of labour exploitation are variously constructed as an object of knowledge/s, and how this construction is always contingent upon socio-political con/texts. To this end it recommends the investigation of texts as data, proceeding to discuss some interpretive work generated from an early-stage analysis of media, government and civil society discourses surrounding the UK Modern Slavery Act 2015.


Author(s):  
Aleksandra Jovanović ◽  
◽  
Irena Šljivar Milijić ◽  
◽  
◽  
...  

2020 ◽  
pp. 1-19
Author(s):  
Joel Quirk ◽  
Caroline Robinson ◽  
Cameron Thibos

This article introduces a special issue on economic systems and everyday abuses of labour rights. In recent decades, neoliberal policies have transformed both the world economy and the world of work. Hard-won rights and protections have been eroded by deregulation, outsourcing, and subcontracting. New forms of unstable, isolated, and insecure work have emerged. This introduction examines the driving forces behind the increasing prominence of precarious work, the accelerating role of migrant labour within global economic systems, and the political relationship between everyday abuses and forms of severe exploitation which have recently come to be defined as human trafficking and modern slavery. We argue that a singular focus upon individual cases of extreme exploitation is unlikely to be effective, and can also draw attention away from the larger systems, interests, and abuses that are associated with the smooth and regular operations of the global economy. We also suggest that at least some of the energies which have recently been expended debating the contentious category of ‘modern slavery’ could be usefully redirected towards lower profile interventions concerned with worker and migrant rights. There are never going to be simple or straightforward solutions to labour abuses, so it is necessary to take many bumpy paths simultaneously, with small steps forward and some steps backward.


2012 ◽  
Vol 40 (4) ◽  
pp. 447-463 ◽  
Author(s):  
Yongyuth Chalamwong ◽  
Jidapa Meepien ◽  
Khanittha Hongprayoon

Abstract The increase of migrant workers into the Kingdom of Thailand began in the mid-1980s and early 1990s when Thailand was in transition from a low-end labour-intensive economy, to a capital-intensive one. The role of migrant workers became even more evident when Thailand encountered the economic crisis of the mid-1990s. Current statistics indicate that Thailand receives more than a million migrant workers from neighbouring countries, including Myanmar, Lao PDR and Cambodia. This paper traces the five stages of the Royal Thai Government’s (RTG) policies to managing cross-border migration and migrant worker issues in Thailand. It argues that despite the introduction of policies of management of the issue, migrant workers are vulnerable to human trafficking. Furthermore, as more often than not migrant workers are irregular migrants, they are treated as a risk to national security. As such they are vulnerable to labour exploitation. This paper analyses the problems in policy and legal enforcement between countries of origin and the RTG, suggesting ways in which these problems can be overcome to ensure compliance with international norms, and thus the responsibility of the RTG to its ‘foreign workers’.


2014 ◽  
Vol 41 ◽  
pp. 221-248 ◽  
Author(s):  
Lorena Rizzo

AbstractThe paper looks at the population registration and issuing of reference books in the Transkei in the 1950s and 1960s. The dompas became the iconic object of apartheid policing within the logic of urban racial segregation and capitalist labour exploitation. The analysis proposed here investigates population registration through the lens of materiality and visuality. It sketches the visual economies that facilitated the scheme in a rural area and explores the role of photography in one of apartheid’s most notorious administrative schemes. Along the lines of Walter Benjamin’s reflections on technological mediation the paper retraces how the dompas as an image/object oscillated between panoptic surveillance and subaltern contestation.


JAMA ◽  
1966 ◽  
Vol 195 (12) ◽  
pp. 1005-1009 ◽  
Author(s):  
D. J. Fernbach
Keyword(s):  

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