Modern Slavery: The Concepts and Their Practical Implications

MODERN SLAVERY: THE CONCEPTS
AND THEIR PRACTICAL IMPLICATION

Table of Contents
Introduction................................................................................................................................3
Modern Slavery and Sri Lankan Labour Law Framework........................................................5
Critical analysis of loop holes in legal framework.....................................................................6
Assessment of existing status of labour inspection or licensing monitoring of labour brokers
and recruiters..............................................................................................................................8
Conclusion................................................................................................................................10
Bibliography.............................................................................................................................12

Introduction
A major intensification of global action has been assessed against the issues relating to
coercion which is also referred as slavery, forced labour or other practices which is similar to
human trafficking and slavery in past few years1. Modern slavery is a new term which is
applied as an umbrella to confine specified forms of coercion. The term forced labour,
slavery, human trafficking, coercion are defined in international legal instruments and do
have significant ramifications; however, the term ‘modern slavery’ is not available
appropriately in any international law. The fact cannot be denied that the acts relating to
‘modern slavery’ have not remained away from Sri Lanka. A few examples which can be
considered as specified act are conducts at constructions sites, fishing and factories. The fact
has been revealed with the analysis that approximately 45000 people have been trapped in
this category. Further, human trafficking is a significant part of modern slavery does exist in
Sri Lank for around thirty years when the core principals of were not known by any
individual relating to modern slavery2. The intensity of the acts is proof of the existence of
loopholes in the legal framework available for inspection and licensing of labour brokers and
recruiters.
Core issues of Modern Slavery
Slavery is believed as one of the biggest black marks in human history. It is believed that
over 400 years, approximately fifteen million men, women and children were victims of the
slave trade and due to the same reason, it is believed as one of the darkest chapters in the
history of mankind. The main issue related to slavery is that it would be native to have a
thought that slavery is dead and gone. As it is still alive and does exist in a modern form
1 Orlando Patterson, and Zhuo Xiaolin. "Modern trafficking, slavery, and other forms of
servitude." (Annual review of sociology 44 2018) Pp 407-439.
2 Marie-José Tayah , and Gallotti Maria. "From Domestic Work to Care Work: Governance
Challenges." (the rightS of aSian migrant workerS from home to the workplace 2017)Pp 33.

which is known as Modern slavery3. It is also referred to as a hidden crime because the
perpetrators operate the conducts behind the veil of secrecy. It is believed as a profitable
business which generates revenue of more than US $ 150 billion worldwide for globally
organized crime rings. The various forms of modern slavery are forced labour, an illegal
immigrant, sex trade labour, human trafficking etc.
The most vulnerable part is to be faced by women and children as they are often subject to
physical and sexual abuse in a significant manner4. Another significant issue to differentiate
between individual and systemic cases of coercion. As on the one hand, it is required to
assess and punish the individual offender or groups of the offender in order to deliver
appropriate assistance to one victim or group of victims5. On the other hand, the main
objective is to eradicate the employment provisions and recruitment policies which are
abusive in nature but accepted due to the high degree of cultural acceptance. This change in
modern slavery conducts reveal the fact that these conduct could never be absolute until and
unless the legal provisions relating to the same are appropriately associated with market
changes which have indulged with contemporary globalization.
The main concern is eradicating coercion system or employment practices which are
considered legal but do have the character of slavery or forced labour6. It is a fact that all part
of instruments of criminal justice these acts which can be related to modern slavery were
identified as a serious crime7. But the penal sections available relating to same requires
3 Ann Brooks,. Gendered work in Asian cities: The new economy and changing labour
markets. (Routledge, 2016).
4 Roger Plant. Modern slavery: The concepts and their practical implications. (International
Labour Organization. Working Paper , 2014)
5 Michael Gillan,. "Employment regulation and industrial relations in South
Asia." (Routledge Handbook of Human Resource Management in Asia , 2017)Pp 128-146.
6 Roger Plant. Modern slavery: The concepts and their practical implications. (International
Labour Organization. Working Paper , 2014)
7 Employment and Labour Law 2018