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How Does the Framing of Modern Slavery Limit the Efficacy of Legal and Policy Responses to Human Trafficking and Slavery?

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How Does the Framing of Modern Slavery Limit the Efficacy of Legal and Policy Responses to Human Trafficking and Slavery? EXPLORING MODERN SLAVERY AND THE MODERN SLAVERY ACT 2015: HOW DOES THE FRAMING OF MODERN SLAVERY LIMIT THE EFFICACY OF LEGAL AND POLICY RESPONSES TO HUMAN TRAFFICKING AND SLAVERY? Thesis submitted in accordance with the requirements of the University of Liverpool for the degree of Doctor in Philosophy By Yvonne Eloise Mellon September 2018 ABSTRACT In recent years interest in the issues of slavery and human trafficking has converged with the emergence of the concept of ‘modern slavery’. This thesis seeks to address the complex phenomenon of ‘modern slavery’ and analyse the effect it has on legislative responses to slavery and human trafficking, with a particular focus on the Modern Slavery Act 2015. It begins by locating the problem historically through its foundations in slavery and human trafficking and explores the incomplete nature of the abolition of the practices. These observations provide the context for analysis of the existing international anti-slavery and trafficking legal frameworks, the emergence of the concept of ‘modern slavery’ and the subsequent blurring of the legal boundaries between the practices. The complexity of the concept of ‘modern slavery’ is reflected in the variety of practices included within its scope and the lack of consensus among stakeholders concerning the meaning of the term. This thesis examines the phenomenon of ‘modern slavery’ and the conflation of human trafficking and slavery underneath the umbrella of ‘modern slavery’. It demonstrates that the shortcomings of the existing models of ‘modern slavery’ are themselves evident in the legal and policy responses to slavery and human trafficking. The overall effect of the uncritical use of the concept is a negative impact on potential victims of human trafficking and slavery, but also other exploitative practices. These observations are supported by doctrinal analysis of i) historical anti-slavery and trafficking movements ii) international frameworks and definitions of slavery and trafficking iii) existing academic literature examining the concept of ‘modern slavery’ and iiii) The Modern Slavery Act 2015. This thesis extends the existing literature by investigating how different conceptualisations of slavery impact the efficacy of anti- slavery legislation, specifically the Modern Slavery Act 2015. The thesis explores the disconnect between different sections of the literature of slavery and trafficking. The thesis argues in conclusion that the development of the concept of ‘modern slavery’ and the subsequent collapse of the legal boundaries between human trafficking and slavery has a potential threefold effect, which limits the utility of current anti- slavery/trafficking legal and policy responses. Contents TABLE OF CASES .............................................................................................................. 1 TABLE OF LEGISLATION ............................................................................................. 3 FIGURES AND TABLES ................................................................................................... 6 AKNOWLEDGEMENTS ................................................................................................... 7 PREFACE .............................................................................................................................. 9 Introduction ........................................................................................................................ 10 1. Slavery and Abolition .............................................................................................................10 2. Modern Slavery and Trafficking .........................................................................................12 3. The Modern Slavery Act 2015 ..............................................................................................16 4. ‘Modern Slavery and the Normalisation of Labour Exploitation ...............................18 5. Objectives of the Thesis .........................................................................................................21 Chapter 1: The Road to International Abolition and the 1926 Slavery Convention: ......................................................................................................................... 25 1. Introduction ..............................................................................................................................25 2. The Transatlantic Slave Trade .............................................................................................26 3. Abolition of Trans-Atlantic Slavery: The First Wave of Anti-Slavery ......................31 4. Abolitionism and Colonialism: Antislavery 1807-1890 ..................................................44 5. The League of Nations and Ethiopia ..................................................................................47 6. Past and Present - Connecting Narratives on Abolition ................................................54 7. Lessons of Abolition ................................................................................................................57 Chapter 2: History and Legal Definition of Trafficking .......................................... 59 1. Introduction ..............................................................................................................................59 2. The Historical Emergence of the Anti-Trafficking Movement ....................................59 2.1 White Slavery, Prostitution and Moral Panic........................................................................ 59 2.2. Anti- Trafficking Before Palermo: .......................................................................................... 67 3. Defining Trafficking in Contemporary Legal Instruments ..........................................70 3.1 Human Trafficking and the Palermo Protocol ...................................................................... 70 3.2 Trafficking Outside the Scope of Palermo – Europe and Beyond ................................. 79 3. Conclusion .................................................................................................................................85 Chapter 3: The Legal Definition of Slavery: Ownership and Blurred Lines ...... 87 1. Introduction ..............................................................................................................................87 2. Definitions .................................................................................................................................88 2.1. Slavery Specific Instruments .................................................................................................... 88 2.2. Human Rights Instruments ...................................................................................................... 114 2.3. International Criminal Law ..................................................................................................... 133 3. Conclusion: What is Slavery? ........................................................................................... 143 Chapter 4: Critiquing Modern Slavery ...................................................................... 148 1. Introduction ........................................................................................................................... 148 2. Modern Slavery and Trafficking: Blurred Boundaries .............................................. 151 2.1.Tanedo – How could you Possibly be Trafficked? ........................................................... 151 2.2. Slavery? What about Labour Exploitation - Amazon Fulfillment Centers and Geographies of Containment ........................................................................................................... 155 3. What is Modern Slavery: Defining an Undefined Term ............................................. 162 3.1 The Beginning of Modern Slavery: Globalisation and Disposable People ............... 162 3.2 Modern Slavery and the Trafficking Make Over ............................................................... 167 4. Do Victims Benefit from ‘Modern Slavery’ and does Legal Accuracy Matter? ... 177 5. Modern Slavery: What’s in a name? ............................................................................... 185 Chapter 5 - The Modern Slavery Act 2015: A Case Study .................................... 188 1. Introduction ........................................................................................................................... 188 2. Contemporary Anti-Slavery Initiatives in the UK: The Modern Slavery Act 2015. ....................................................................................................................................................... 191 2.1. The Development of Contemporary Anti-Slavery in the UK: Immigration and Modern Slavery. .................................................................................................................................. 191 2.2 The Impossible Task of balancing immigration policy and anti-slavery: .................. 198 3. The Modern Slavery Act .................................................................................................... 200 3.1. The Modern Slavery Act: Criminal Justice at the expense of Victim Protection ... 201 3.2. Prevention and Disruption: Reversing the Low Risk and High Pay-out Dynamic 209 3.4. Criminal Justice and Modern Slavery Prevention: A Short-Term Assessment ...... 217 4. Victim Protection: Identification
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