DOCSLIB.ORG

Slavery, Forced Labor, Debt Bondage, And

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Slavery, Forced Labor, Debt Bondage, And ISSUE PAPER 2 • FEBRUARY 2011 SLAVERY, FORCED LABOR, DEBT BONDAGE, AND ISSUE PAPER 1 • OCTOBER 2010 HUMAN TRAFFICKING : FROM CONCEPTIONAL CONFUSION TO TARGETED SOLUTIONS Ann Jordan Program on Human Trafficking and Forced Labor Center for Human Rights & Humanitarian Law INTRODUCTION between forced labor, debt bondage, slavery and human trafficking. The terms are used Human trafficking has grabbed the headlines interchangeably and sometimes they are around the world but what is human trafficking collectively called ‘a new form of slavery.’ This and what is its relationship to forced labor, debt confusion has had negative and sometimes bondage and slavery? Has the focus on human harmful consequences on the ground. trafficking and particularly trafficking into forced prostitution, undermined or Third, the Issue Paper concludes with a call for marginalized efforts to address forced labor, conceptual clarity, verifiable data and targeted debt bondage and slavery? The answer to the responses, domestic legislation and first question is that, although they are enforcement of international standards, better interconnected, they are not the same in labor and immigration laws, use of documented international law or in practice, which has led to successes and responsible consumerism. much confusion and misinformation. The BACKGROUND answer to the second question is yes, global mobilization to counter ‘trafficking’ has diverted The International Labor Organization (ILO) attention away from the great number of claims there are at least 12.3 million people in persons who are in forced labor, debt bondage forced labor, debt bondage and slavery, and slavery but who were not trafficked into including people who have been trafficked into these situations. So, the purpose of this paper is these conditions (ILO 2005, 10). To gain a bit of to provide some conceptual clarity to the perspective on the scope of the problem, 12.3 current confused state and to issue a call for million is about equal to the population of governments and civil society to address the Greece or Senegal (UNDESA, Annex, p. 2). A human rights abuses suffered by victims of all of definitive calculation on the global scope of the these crimes. problem will never be possible, but the ILO number is the best estimate available to date as First, the Paper discusses the international law it is the only estimate that is based on a instruments on forced labor, debt bondage, systematic methodology (however imperfect) slavery and trafficking to demonstrate that 1 that can be checked and replicated. these four abuses are not the same, although they all contain elements of forced labor. 1 Second, the Paper addresses the pervasive lack “[T]he ILO methodology relies on a particular of conceptual clarity about the relationship statistical method described as double sampling of reported cases of forced labour. This sampling SLAVERY, FORCED LABOR, DEBT BONDAGE, AND HUMAN TRAFFICKING ISSUE PAPER 2 • FEBRUARY Yet, surprisingly, the outrage that one would freedoms for days, weeks, or years – until they expect to exist in the face of such a horrific are freed or die. violation of fundamental rights is not present. Forced labor, debt bondage, slavery and human Global outrage is focused almost exclusively on trafficking have an enormous financial cost for 20% of the 12.3 million – on the 2.45 people victims and society. The ILO estimates that who the ILO estimates are trafficked into forced 2 victims lose approximately U.S. $21 billion a labor, debt bondage and perhaps slavery (ILO year in unpaid earnings (ILO 2009(a), 32). It also 2005, 14). The horrors endured by the other estimates that criminals earn $32 billion a year 80% - who were not trafficked - are rarely from the forced labor of trafficked persons mentioned in public debates or political alone (ILO 2005, 55). These lost billions discourse and, surprisingly, not even in contribute to the poverty of the workers, their discussions about trafficking despite the fact families and communities. These are not just that trafficking always involves some form of individual losses; they are collective losses that forced labor, debt bondage and/or slavery. contribute to poverty and the harmful The costs of these abuses to the 12.3 million consequences of poverty. victims are extensive and shocking. As well as LAVERY being forced to work, victims will have S restrictions placed on their freedom of Slavery is the subject of UN conventions and is movement, may be beaten, killed, denied defined as: access to health care, fed a starvation diet, “the status or condition of a person over deprived of an education and/or forced to live whom any or all of the powers attaching in filthy and dangerous conditions. Many also to the right of ownership are exercised” face the possibility of sexual assault. They often (UN Slavery Convention, art. 1(1)). suffer from diseases that could have been prevented with adequate nutrition, sleep and Slavery is much more than forced labor. All access to health care. For some victims, the slavery involves forced labor but not all forced suffering amounts to inhuman and degrading labor involves slavery. The international treatment and torture. In sum, victims are prohibition on slavery is absolute; there are no deprived of all of their basic human rights and exceptions (as there are for forced labor). Slavery is an institution in which the slave master’s exercise of the rights of ownership destroys the human personality - the person as procedure, called “capture–recapture” in the a bearer of rights - and reduces the slave to statistical literature, was originally designed for chattel, without rights. estimating the abundance of wildlife, but is now also being applied to many types of elusive human Slavery is a complete system of ownership. It is populations, including numbers of victims of war a social institution in which the community crimes. In its simplest form, the method consists of recognizes slaves as a separate category of drawing two independent lists (capture and recapture), each representing a random sample of the beings without rights and as legally inferior to population to be estimated. The number of persons in non-slaves. Slaves are born as slaves; they do each of the two lists is then counted, as well as the not become slaves because the status of slavery number of persons found in both lists. The resulting is inherited at birth. Slaves have no expectation three numbers provide the basis for estimating the of freedom, although this is changing as local size of the target population as a whole” (ILO 2005, NGOs become more active in raising awareness 11). 2 There is no information available on cases of of the illegality of slavery and the fact that all trafficking people into slavery, as defined in human beings are born with inalienable human international law. rights. 2 SLAVERY, FORCED LABOR, DEBT BONDAGE, AND HUMAN TRAFFICKING ISSUE PAPER 2 • FEBRUARY Slavery is a permanent situation. The slave illiteracy, limited information, combined with master has complete control over all aspects of the separation of families, and methods of the life of the slave including who a slave control used by masters that include the use of marries, what the slave eats and wears, when religion have resulted in a deep–rooted the slave sleeps, whether the slave is educated acceptance of their inherited slavery status. In or provided medical treatment, and whether addition, there is resistance from masters to the slave can practice religion. Traditionally, a change this way of life. Consequently, de facto slave master can sell, exchange or lend child or slavery in Mauritania continues to be a slow, adult slaves to anyone with impunity. Notions invisible process which results in the “social of ownership are complete. Thus, slavery death” of many thousands of women and men” involves much more than simple control over (UN Special Rapporteur, 1-2). In January 2011, another person. human rights activists were prosecuted for demonstrating in Mauritania over the failure of Slavery is now prohibited around the world, authorities to investigate and prosecute except in Mali. Nonetheless, the practice – allegations of the enslavement and exploitation though illegal – of slavery continues to exist in of two young girls (ASI 2011). several countries where governments choose to ignore its presence. For example, although Only Mali has failed to enact a law forbidding Sudan outlawed slavery, it persists (Human slavery. Anti-Slavery International relates the Rights Watch 2002). recent case of Iddar who "[l]ike his parents before him, … was born a slave, a status It persists also in Niger, which abolished slavery ascribed to him at birth, and grew up under the in 1960 and made it a crime until 2003; Anti- total control of a master who exacted labour Slavery International estimates that at least from him for no remuneration" (IRIN 2008). The 43,000 people remain enslaved (The Guardian article goes on to observe that “[i]t is not clear 2008). Hadijatou Mani Koraou was born into an what the state could do in cases such as Iddar's, established slave class and was inherited, sold, as Mali has no law formally forbidding slavery. made to work without pay and was sexually Although Mali's constitution states all people abused. This lasted for nine years. The 24-year- are equal, and the country has signed up to the old former slave sued the government and won. major international conventions banning In 2008, the Community Court of Justice of the slavery, including the UN supplementary Economic Community of West Africa convention on abolishing slavery (1956)…” (IRIN (Community Court) found Niger in breach of its 2008). own laws and international obligations to protect citizens from slavery and awarded Other practices may evolve to something similar damages to Koraou (Hadijatou Mani Koraou to slavery.
Load more

Recommended publications
  • Indigenous Peoples' Access to Decent Work and Social
    INTER-AGENCY SUPPORT GROUP ON INDIGENOUS PEOPLES’ ISSUES THEMATIC PAPER towards the preparation of the 2014 World Conference on Indigenous Peoples INDIGENOUS PEOPLES’ ACCESS TO DECENT WORK AND SOCIAL PROTECTION JUNE 2014 Thematic Paper on Indigenous Peoples’ Access to Decent Work and Social Protection The United Nations Inter-Agency Support Group (IASG) on Indigenous Issues aims to strengthen cooperation and coordination among UN agencies, funds, entities and programmes on indigenous peoples’ issues and to support the UN Permanent Forum on Indigenous Issues. It also seeks to promote the effective participation of indigenous peoples in relevant international processes. At its annual meeting held in October 2013, the IASG decided to develop a set of collaborative thematic papers to serve as background information and analysis on key issues to contribute to the process and preparations for the World Conference on Indigenous Peoples. The preparation of each paper was led by one or more agencies with inputs from other IASG members. The papers do not present or represent formal, official UN policy positions. Rather, they reflect the collective efforts of the Inter-Agency Support Group to highlight selected key issues and to provide substantive materials to inform the Conference, with a view to contributing to the realization of the rights of indigenous peoples. *The chair of the IASG rotates annually amongst the participating agencies. The Support Group has been chaired by the United Nations Children’s Fund (UNICEF) until the end of the 13th session of the Permanent Forum on Indigenous Issues in May 2014. The Office of the High Commissioner for Human Rights (OHCHR) is currently holding the chair of the Group.
    [Show full text]
  • The Politics of Ambiguity Conditional Manumission, Labor Contracts, and Slave Emancipation in Brazil (1850S–1888)*
    Sidney Chalhoub The Politics of Ambiguity Conditional Manumission, Labor Contracts, and Slave Emancipation in Brazil (1850s–1888)* Introduction The historical process that made liberalism, old and new, the guiding ideology of Western societies brought with it the invention of new forms of unfree labor. Lib- eralism and free labor, ancien regime and serfdom and/or slavery are no longer unproblematic pairs of historical intelligibility. The first half of the nineteenth century did not see the weakening of slavery in the Americas at all, but just the partial relocation of it. The institution of slavery gradually disappeared in the British and French Caribbean while it became stronger in Brazil, Cuba, and the US South.1 In the second half of the nineteenth century, as the nightmare of an international order based on slavery was finally defeated in the American Civil War,2 there emerged extremely aggressive racist ideologies that justified Western imperial expansion and the persistence of forced labor in Africa and elsewhere. Actually, it boggles the mind to think that for so long it seemed possible to con- ceive of the nineteenth century as a time of transition from slavery to freedom, from bondage to contractual and/or free labor. In fact, contract labor, however diverse in its forms, was often thought of as a form of coerced labor, with workers * This article was first published under the same title in International Review of Social History, Vol. 60 (2015), pp. 161–191 doi:10.1017/S0020859015000176 © 2015 Internationaal Instituut voor Sociale Geschiedenis, published by Cambridge University Press, reproduced with permission.
    [Show full text]
  • Contract Between the Licking Valley Local School
    08-30-2018 2653-01 18-MED-02-0128 K37107 CONTRACT BETWEEN THE LICKING VALLEY LOCAL SCHOOL DISTRICT BOARD OF EDUCATION and the LICKING VALLEY EDUCATION ASSOCIATION July 1, 2018 through June 30, 2021 5307702v5 TABLE OF CONTENTS ARTICLE 1 - RECOGNITION ......................................................................................... 1 ARTICLE 2 - NEGOTIATIONS PROCEDURE ............................................................... 1 ARTICLE 3 - PROVISIONS CONTRARY TO LAW ........................................................ 2 ARTICLE 4 - GRIEVANCE PROCEDURE ..................................................................... 2 ARTICLE 5 - ASSOCIATION RIGHTS ........................................................................... 5 ARTICLE 6 - INDIVIDUAL RIGHTS ................................................................................ 6 ARTICLE 7 - CONTRACTS ............................................................................................ 7 ARTICLE 8 - VACANCIES, TRANSFERS, PROMOTIONS ........................................... 8 ARTICLE 9 - REDUCTION IN FORCE ........................................................................... 9 ARTICLE 10 - WORKING CONDITIONS ..................................................................... 10 ARTICLE 11 - EVALUATION ....................................................................................... 14 ARTICLE 12 - SICK LEAVE ......................................................................................... 15 ARTICLE 13 - SEVERANCE PAY ...............................................................................
    [Show full text]
  • How Inequality Defines Women's Work in Asia
    OXFAM ISSUE BRIEFING JUNE 2016 Factory workers step out of their shuttle bus as their shift ends. Hlaing Thar Yar Industrial Zone, Yangon, November 2015. Photo: Kaung Htet/Oxfam UNDERPAID AND UNDERVALUED: HOW INEQUALITY DEFINES WOMEN’S WORK IN ASIA Rising economic inequality across Asia is threatening poverty reduction and slowing down the fight against gender inequality. Although the region has experienced economic growth, the bottom 70 percent have seen their income share fall while the share for the top 10 percent has increased rapidly. Low wages and a lack of rights at work, particularly for women, are at the heart of this scandal. At the same time, women are subsidizing the economy with a disproportionate responsibility for unpaid care work. Achieving living wages and recognizing, redistributing and reducing unpaid care work could support both economic and gender equality in Asia and should be prioritized by both governments and businesses. www.oxfam.org 1 INTRODUCTION For women across Asia, access to decent work and a living wage represents a fundamental pathway out of poverty, and one of the best ways to counter the dangerous tide of growing economic inequality. Yet in recent decades, working people, in rich and poor countries alike, have received a smaller and smaller slice of the economic pie, while those who own capital have seen their assets grow disproportionately. Low wages for the majority of people, and particularly for women, are at the heart of this scandal. At the same time, women continue to carry out the majority of unpaid care and domestic work, which is essential to keep economies functioning but is unrecognized and undermined in policy making.
    [Show full text]
  • Natural Persons, Juridical Persons and Legal Personhood
    Esta revista forma parte del acervo de la Biblioteca Jurídica Virtual del Instituto de Investigaciones Jurídicas de la UNAM www.juridicas.unam.mx http://biblio.juridicas.unam.mx exican M Review aw L New Series V O L U M E VIII Number 1 NATURAL PERSONS, JURIDICAL PERSONS AND LEGAL PERSONHOOD Elvia Arcelia QUINTANA ADRIANO* ABSTRACT. The study of commercial law can be divided into four basic ca- tegories: (a) individuals (natural persons); (b) objects of commerce; (c) legal instruments and (d) administrative and legal procedures. Business relations bet- ween individuals and business entities requires significant legal documentation, including atypical or nonstandard business contracts. A central feature of all business transactions is the “legal entity”, used by organizations worldwide to conduct business. In order for many businesses to carry out routine activities, they must have many of the same legal rights and responsibilities as natural persons. In a word, these entities require “legal personhood”. Which leads us to the question of Legitimation. The most widely used legal instruments are nons- tandardized business contracts. In essense, this is the delineation of contracting parties as entities with well-defined rights and obligations. This authority de- pends, in turn, on the legitimacy of the “personhood” of the contracting parties, which is often a point of dispute in business relations. Regardless of whether one accepts the use of terms “legal entity” and “legal personhood”, they often give rise to immeasurable and diverse conflicts domestically, regional and at global level. This had led to efforts to improve the rules of the International Chamber of Commerce and improve legal models that provide guidance to di- verse nations.
    [Show full text]
  • Human Trafficking in America's Schools
    Human Trafficking in AMERICA’S SCHOOLS 2015 JANUARY Human Trafficking in AMERICA’S SCHOOLS i This report was written under U.S. Department of Education Grant Number Q184L070139 by Jeneé Littrell of the Grossmont Union High School District. Eve Birge served as the grant monitor. This report was designed for the U.S. Department of Education under Contract Number EDESE12O0035 with American Institutes for Research, Inc. Rita Foy Moss served as the contracting officer’s representative for the National Center on Safe Supportive Learning Environments technical assistance center (NCSSLE). The views expressed herein do not necessarily represent the positions or policies of the Department of Education. No official endorsement by the Department of any product, commodity, service or enterprise mentioned in this publication is intended or should be inferred. For the reader’s convenience, this publication contains information about and from outside organizations, including hyperlinks and URLs. Inclusion of such information does not constitute the Department’s endorsement. Office of Safe and Healthy Students David Esquith Director January 2015 This report is in the public domain. Authorization to reproduce it in whole or in part is granted. While permission to reprint this publication is not necessary, the citation should be U.S. Department of Education, Office of Safe and Healthy Students, Human Trafficking in America’s Schools, Washington, D.C., 2015. This report is available for free at http://safesupportivelearning.ed.gov/human-trafficking-americas-schools. Availability of Alternate Formats Requests for documents in alternate formats such as Braille or large print should be submitted to the Alternate Format Center by calling 202.260.0852 or by contacting the 504 coordinator via email at [email protected].
    [Show full text]
  • Faqs About Retirement Plans and ERISA
    FAQs about Retirement Plans and ERISA U.S. Department of Labor Employee Benefits Security Administration What is ERISA? The Employee Retirement Income Security Act of 1974, or ERISA, protects the assets of millions of Americans so that funds placed in retirement plans during their working lives will be there when they retire. ERISA is a federal law that sets minimum standards for retirement plans in private industry. For example, if your employer maintains a retirement plan, ERISA specifies when you must be allowed to become a participant, how long you have to work before you have a non-forfeitable interest in your benefit, how long you can be away from your job before it might affect your benefit, and whether your spouse has a right to part of your benefit in the event of your death. Most of the provisions of ERISA are effective for plan years beginning on or after January 1, 1975. ERISA does not require any employer to establish a retirement plan. It only requires that those who establish plans must meet certain minimum standards. The law generally does not specify how much money a participant must be paid as a benefit. ERISA does the following: Requires plans to provide participants with information about the plan including important information about plan features and funding. The plan must furnish some information regularly and automatically. Some is available free of charge, some is not. Sets minimum standards for participation, vesting, benefit accrual and funding. The law defines how long a person may be required to work before becoming eligible to participate in a plan, to accumulate benefits, and to have a non-forfeitable right to those benefits.
    [Show full text]
  • The Determinants of Child Labor: Theory and Evidence
    RESEARCH SEMINAR IN INTERNATIONAL ECONOMICS School of Public Policy The University of Michigan Ann Arbor, Michigan 48109-1220 Discussion Paper No. 486 The Determinants of Child Labor: Theory and Evidence Drusilla K. Brown Tufts University Alan V. Deardorff and Robert M. Stern University of Michigan September, 2002 Recent RSIE Discussion Papers are available on the World Wide Web at: http://www.spp.umich.edu/rsie/workingpapers/wp.html 2 THE DETERMINANTS OF CHILD LABOR: THEORY AND EVIDENCE By Drusilla K. Brown Tufts University Alan V. Deardorff University of Michigan and Robert M. Stern University of Michigan September 2002 I. Introduction The specter of small children toiling long hours under dehumanizing conditions has precipitated an intense debate concerning child labor over the past decade and a half. As during the midst of the 19th century industrial revolution, policymakers and the public have attempted to come to grips with the causes and consequences of child labor. Coordinating a policy response has revealed the complexity and moral ambiguity of the phenomenon of working children. Although child labor has been the norm throughout history, the fact of children working and the difficult conditions under which children work occasionally become more evident. In the midst of the 19th century, child labor became more visible because children were drawn into an industrial setting. Currently, child labor has become more visible because of the increase in the number of children producing goods for export. Our purpose here is not to provide a definitive diagnosis of the causes and consequences of child labor, but rather to review the existing theoretical, empirical, and historical literature as to why and when children work.
    [Show full text]
  • Migrant Smuggling in Asia
    Migrant Smuggling in Asia An Annotated Bibliography August 2012 2 Knowledge Product: !"#$%&'()!*##+"&#("&(%)"% An Annotated Bibliography Printed: Bangkok, August 2012 Authorship: United Nations O!ce on Drugs and Crime (UNODC) Copyright © 2012, UNODC e-ISBN: 978-974-680-330-4 "is publication may be reproduced in whole or in part and in any form for educational or non-pro#t purposes without special permission from the copyright holder, provided acknowledgement of the source is made. UNODC would appreciate receiving a copy of any publication that uses this publication as a source. No use of this publication may be made for resale or any other commercial purpose whatsoever without prior permission in writing from the United Nations O!ce on Drugs and Crime. Applications for such permission, with a statement of purpose and intent of the reproduction, should be addressed to UNODC, Regional Centre for East Asia and the Paci#c. Cover photo: Courtesy of OCRIEST Product Feedback: Comments on the report are welcome and can be sent to: Coordination and Analysis Unit (CAU) Regional Centre for East Asia and the Paci#c United Nations Building, 3 rd Floor Rajdamnern Nok Avenue Bangkok 10200, "ailand Fax: +66 2 281 2129 E-mail: [email protected] Website: www.unodc.org/eastasiaandpaci#c/ UNODC gratefully acknowledges the #nancial contribution of the Government of Australia that enabled the research for and the production of this publication. Disclaimers: "is report has not been formally edited. "e contents of this publication do not necessarily re$ect the views or policies of UNODC and neither do they imply any endorsement.
    [Show full text]
  • The Ilo's Shifts in Child Labour Policy: Regulation and Abolition
    Chapter 7 The ilo’s Shifts in Child Labour Policy: Regulation and Abolition Edward van Daalen and Karl Hanson Abstract After wwii the International Labour Organization (ilo) slowly but surely developed a ‘two plank’ approach to child labour, aimed at harmonising the need to protect chil- dren who do work, with the long-term goal of abolishing all forms of child labour. Dur- ing the 1990s the ‘two plank’ approach, which included the regulation and humanisa- tion of children’s work, gradually evolved into a more singular approach aimed only at the full eradication of all child labour, starting with the ‘worst forms’. Based on an anal- ysis of the relevant legal and policy documents produced by the ilo and other inter- national Organizations, completed with in-depth interviews with key informants, we examine the internal and external developments that made the ‘abolitionist’ approach now the only perspective that shapes the ilo’s child labour policies. We conclude that, after a century of ilo child labour policy, the intermediate objective of improving chil- dren’s working conditions is now just as relevant as it was before the turn away from the ‘two plank’ approach. For the ilo to shift its position at this time, it needs to reach out to the research community, international development actors as well as local gov- ernments and social movements to develop locally relevant, evidence-based policies for dealing with the diversity of children’s work in the world’s fast changing formal and informal economies. 1 Introduction The abolition of child labour has been one of the principle objectives of the International Labour Organization (ilo) ever since its inception in 1919.
    [Show full text]
  • Chapter 02 Who Am I?
    January 8, 2013 at 10:30 AM 452_chapter_02.docx page 1 of 52 CHAPTER 02 WHO AM I? I. WHO AM I? ...................................................................................................................................... 3 A. THREE COMPONENTS OF THE EMPIRICAL SELF (OR ME) ............................................................................. 4 B. EXTENSIONS AND REFINEMENTS OF JAMES’S THEORY ................................................................................ 9 II. SELF-FEELING, SELF-SEEKING, AND SELF-PRESERVATION ............................................................... 14 A. SELF-FEELINGS AS BASIC EMOTIONS ..................................................................................................... 15 B. SELF-CONSCIOUS EMOTIONS .............................................................................................................. 15 C. SELF-FEELINGS AND SELF-STANDARDS .................................................................................................. 17 D. SELF-FEELINGS AND SOCIAL RELATIONSHIPS ........................................................................................... 20 E. SUMMARY AND SYNTHESIS ................................................................................................................. 21 III. GROUP DIFFERENCES IN THE SELF-CONCEPT .................................................................................. 21 A. CULTURAL DIFFERENCES IN THE SELF-CONCEPT .....................................................................................
    [Show full text]
  • FBI Independence As a Threat to Civil Liberties: an Analogy to Civilian Control of the Military
    \\jciprod01\productn\G\GWN\86-4\GWN403.txt unknown Seq: 1 30-AUG-18 9:12 FBI Independence as a Threat to Civil Liberties: An Analogy to Civilian Control of the Military Justin Walker* ABSTRACT At a time when the President is under investigation, and in the wake of a controversial dismissal of the FBI Director, the need for an “independent” FBI has appeared to many to be more important than ever. Indeed, the Senate would not have confirmed the new FBI Director, Christopher Wray, if he had not promised to be independent of the President and the Attorney General. This Article argues that calls for an independent FBI are misguided and dan- gerous. The Article analogizes presidential control of the FBI to civilian con- trol of the military by demonstrating that, contrary to conventional wisdom, the FBI and the military share the same purpose. It then explores in depth how the FBI has often infringed on civil liberties in the same way that the framers worried an out-of-control military might do so, and it explains why the inde- pendence that the FBI has often enjoyed was a cause of those violations. Fi- nally, it concludes that if it is necessary to preserve the FBI’s investigative independence, the solution is to split the FBI to reflect the model of many western democracies—creating an independent agency to investigate crime (like Britain’s New Scotland Yard) and a separate agency to continue the FBI’s national security functions (like Britain’s MI5). TABLE OF CONTENTS INTRODUCTION ................................................. 1012 R I.
    [Show full text]