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.