Australian Criminal Code Against Slavery

Quote

Quotes From: The Commonwealth Criminal Code – Criminal Code Act 1995 (‘the Criminal Code’)

Division 270 — Slavery and slavery-like conditions
Subdivision A–Preliminary
Subdivision B–Slavery

270.1 Definition of slavery
For the purposes of this Division, slavery is the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, including where such a condition results from a debt or contract made by the person.

270.2 Slavery is unlawful
Slavery remains unlawful and its abolition is maintained, despite the repeal by the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 of Imperial Acts relating to slavery.

270.3 Slavery offences
(1) A person who, whether within or outside Australia, intentionally:
(aa) reduces a person to slavery; or
(a) possesses a slave or exercises over a slave any of the other powers attaching to the right of ownership; or
(b) engages in slave trading; or
(c) enters into any commercial transaction involving a slave; or
(d) exercises control or direction over, or provides finance for:
(i) any act of slave trading; or
(ii) any commercial transaction involving a slave;

Commonwealth Consolidated Acts, CRIMINAL CODE ACT 1995 – SCHEDULE The Criminal Code

Australian Legal Framework, Anti-Slavery Australia

US Dept of State 2016 Trafficking In Persons Report

Quote

Today, we continue the long journey toward an America and a world where liberty and equality are not reserved for some, but extended to all. Across the globe, including right here at home, millions of men, women, and children are victims of human trafficking and modern-day slavery. We remain committed to abolishing slavery in all its forms and draw strength from the courage and resolve of generations past.

President Barack Obama

HUMAN TRAFFICKING DEFINED
The TVPA defines “severe forms of trafficking in persons” as:
➤ sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or
➤ the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. A victim need not be physically transported from one location to another for the crime to fall within these definitions.

2016 Trafficking In Persons Report (PDF)(Home Page)

Notes:

Poverty Premium Research (University of Michigan and UC Davis)

Quote

“Because they have to buy small quantities, they have little inventory at home and can’t wait until a sale presents itself to purchase again, making it even harder to take advantage of sales,” says Orhun, professor for marketing. “It’s a double whammy.”

“It’s not about poor people making poor decisions; it’s about them facing liquidity constraints,” she says, “and it matters even for what we’d consider small purchases.

Frugality is Hard to Afford, news release about research completed by Professor Yesim Orhun and PhD student Mike Palazzolo; 02/24/2016

Frugality is Hard to Afford, Working Paper (Revising for invited resubmission at Journal of Marketing Research), Mar 20, 2016, Mike Palazzolo – Paper available for download

Amazon.com

Perhaps this sounds like a subtle discovery about minor household goods. But it supports a larger point about poverty: It’s expensive to be poor. Or, to state the same from another angle: Having more money gives people the luxury of paying less for things.

Why the poor pay more for toilet paper — and just about everything else by Emily Badger, Washington Post, 3/8/2016

Amazon.com

In a recent working paper, the University of Michigan’s A. Yesim Orhun and Mike Palazzolo, point to how two of American shoppers’ (and marketers’) favorite money-saving strategies, the limited-time offer and buying in bulk, come with savings that are more accessible to some consumers than others. Choosing to buy things when they’re on sale or packaged in huge quantities is something lots of shoppers may take for granted as a matter of preference, but for many, these purchases—and the savings that come with them—are out of reach.

The Privilege of Buying 36 Rolls of Toilet Paper at Once, The Atlantic, Joe Pinsker, MAY 12, 2016

Amazon.com

Limited access to supermarkets and discount stores, which contributes to the idea that poor people end up paying more for things or the “poverty penalty,” is one of the biggest problems facing low-income neighborhoods.

But the study suggests that low-income families can’t always afford bulk or sale items in the stores that they do have access to.

Why poor families are paying more for everyday items like toilet paper by Ahiza Garcia, CNN Money, March 25 2016.

ASEAN Plan of Action Against Trafficking in Persons (ACTIP)

Quote

Quotes From: ASEAN Plan of Action Against Trafficking in Persons, Especially Women and Children

C. Law Enforcement and Prosecution of Crimes of Trafficking in Persons
b. Develop pro-active investigation methods and where appropriate, to conduct surveillance and other pro-active measures to gather evidence to establish a case to prosecute trafficking in persons cases even without the testimony of victims;
c. Enhance efforts to investigate alleged cases of trafficking in persons, strengthen the means to combat trafficking, prosecute the perpetrators, including through more systematic use of freezing assets for the purpose of eventual confiscation in accordance with the provisions of Article 17 of the ACTIP, and ensure that penalties are proportionate to the gravity of the crime;
e. Prosecute crimes of trafficking in persons that encompass all forms of exploitation and enact, enforce and strengthen legislation that criminalises all forms of trafficking in persons, especially women and children;
f. Combat and prosecute organised criminal groups engaged in trafficking in persons, in accordance with domestic laws;
g. Investigate, prosecute and punish corrupt public officials who engage in or facilitate trafficking in persons and promote a zero-tolerance policy against those corrupt officials consistent with the United Nations Convention against Corruption and the United Nations Convention against Transnational Organised Crime;

ASEAN Convention Against Trafficking in Persons, Especially Women and Children, (ACTIP) of 2015, Association of Southeast Asian Nations (ASEAN)

Poverty Premium Research (University of Bristol)

Quote

For the purposes of this report, we can understand the poverty premium to occur for one or more of three key reasons:

  • Additional costs directly resulting from having a low income, for example because this reduces the flexibility of payment methods;

  • Additional costs associated with a low income even though not directly resulting from it, for example the additional chance that someone on low-income lives in a high-crime area where insurance premiums are high; and

  • Additional costs that can be experienced by people across income groups, but are more likely to be experienced by lower-income households, such as not “shopping around” for utility tariffs, and which place a disproportionately high burden on low-income households’ resources.

The Poverty Premium – When low-income households pay more for essential goods and services by Sara Davies, Andrea Finney and Yvette Hartfree; University of Bristol, School of Geographical Sciences , November 2016

Notes from the Introduction:

The notion of the poverty premium was first conceived by American sociologist David Caplovitz in 1963. The term is used to describe how poor people pay more for essential goods and services compared to those not in poverty. In the UK the poverty premium has been highlighted as an important social policy concern by charities and organisations working with low-income families. In 2010 Save the Children illustrated the nominal cost of the poverty premium at £1,300 per year and showed how those on low-incomes paid more for fuel, telecommunications, insurance, accessing cash and accessing credit.

This study makes a significant contribution to moving forward our knowledge of the poverty premium in the UK. It takes a fresh look at understanding why the poverty premium arises and analyses new consumer data to show how the poverty premium is actually experienced.

Victims of Trafficking and Violence Protection Act of 2000

Quote

A complete list of laws can be found here: U.S. Laws on Trafficking in Persons

Quotes From: Victims of Trafficking and Violence Protection Act of 2000

SEC. 102. PURPOSES AND FINDINGS.

    a) PURPOSES- The purposes of this division are to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims.
    (b) FINDINGS- Congress finds that:
      (13) Involuntary servitude statutes are intended to reach cases in which persons are held in a condition of servitude through nonviolent coercion. In United States v. Kozminski, 487 U.S. 931 (1988), the Supreme Court found that section 1584 of title 18, United States Code, should be narrowly interpreted, absent a definition of involuntary servitude by Congress. As a result, that section was interpreted to criminalize only servitude that is brought about through use or threatened use of physical or legal coercion, and to exclude other conduct that can have the same purpose and effect.
      (14) Existing legislation and law enforcement in the United States and other countries are inadequate to deter trafficking and bring traffickers to justice, failing to reflect the gravity of the offenses involved. No comprehensive law exists in the United States that penalizes the range of offenses involved in the trafficking scheme. Instead, even the most brutal instances of trafficking in the sex industry are often punished under laws that also apply to lesser offenses, so that traffickers typically escape deserved punishment.
      (15) In the United States, the seriousness of this crime and its components is not reflected in current sentencing guidelines, resulting in weak penalties for convicted traffickers.
      (16) In some countries, enforcement against traffickers is also hindered by official indifference, by corruption, and sometimes even by official participation in trafficking.

SEC. 103. DEFINITIONS.

      (2) COERCION- The term `coercion’ means–
        (A) threats of serious harm to or physical restraint against any person;
        (B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
        (C) the abuse or threatened abuse of the legal process.
      (3) COMMERCIAL SEX ACT- The term `commercial sex act’ means any sex act on account of which anything of value is given to or received by any person.
      (4) DEBT BONDAGE- The term `debt bondage’ means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.
      (5) INVOLUNTARY SERVITUDE- The term `involuntary servitude’ includes a condition of servitude induced by means of–
        (A) any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or
        (B) the abuse or threatened abuse of the legal process.

SEC. 108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

        (a) MINIMUM STANDARDS- For purposes of this division, the minimum standards for the elimination of trafficking applicable to the government of a country of origin, transit, or destination for a significant number of victims of severe forms of trafficking are the following:
          (1) The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking.
          (2) For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault.
          (3) For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense.
          (4) The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.

Victims of Trafficking and Violence Protection Act of 2000

UK Modern Slavery Act of 2015

Quote

Slavery, servitude and forced or compulsory labour

(1)A person commits an offence if—
(a)the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or
(b)the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.

(2)In subsection (1) the references to holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention.

(3)In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard may be had to all the circumstances.

(4)For example, regard may be had—
(a)to any of the person’s personal circumstances (such as the person being a child, the person’s family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons;
(b)to any work or services provided by the person, including work or services provided in circumstances which constitute exploitation within section 3(3) to (6).

(5)The consent of a person (whether an adult or a child) to any of the acts alleged to constitute holding the person in slavery or servitude, or requiring the person to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery or servitude, or required to perform forced or compulsory labour.

Human trafficking

(1)A person commits an offence if the person arranges or facilitates the travel of another person (“V”) with a view to V being exploited.

(2)It is irrelevant whether V consents to the travel (whether V is an adult or a child).

UK Modern Slavery Act of 2015

The issue of protection for overseas domestic workers was a frustrating one. The draft Bill was silent on the plight of hundreds of workers enslaved in households in the UK. But, following sustained pressure and hands-on advocacy in which Anti-Slavery supported Kalayaan and others, a historic vote was taken in the House of Lords which brought back domestic workers’ right to leave an abusive employer. Unfortunately, the government remained deaf to our arguments and passed its own amendment requiring domestic workers to receive a positive decision from the National Referral Mechanism confirming they have been trafficked before allowing them to change employers. It is a bad decision that will deter domestic workers who face abuse and exploitation from coming forward to the authorities. On the other hand, it is a major achievement in itself that the Act now contains a specific provision on overseas domestic workers which is a gateway to getting better protection for this vulnerable group of workers in future. The fight on that issue continues.

Another momentous shift in the Government’s position was the introduction of the requirement for large companies to annually report on efforts to identify and address modern slavery in their supply chains. We worked with a coalition of NGOs, business and investors to persuade the Government that mandatory, rather than voluntary, disclosure in relation to company supply chains is the way forward.

It is a shame then that a loophole has been identified which allows companies hide their supply chains overseas as long as the goods they produce don’t end up in Britain. This, for example, means letting off the hook companies building sites for the FIFA World Cup in Qatar.

Finally, a major shortcoming in the Act is the lack of an extraterritoriality of slavery offence. This means that a British citizen could abuse someone overseas and not be held to account back in UK.

Big step in the right direction but deficiencies leave us – and victims of modern slavery – wholly unsatisfied“, AntiSlavery.org, by Klara Skrivankova

Freedom Dividend

The freedom Dividend is an extremely important concept. When people are freed from slavery – or extreme poverty – the entire community is transformed for the better.

Kevin Bales, an internationally recognized expert on modern slavery and freeing people from slavery explains the concept here:

A longer explanation is provided by Michael Shelton on FreeTheSlaves.net (PDF) which includes the following:

In helping to build sustainable freedom for survivors of slavery, we see that in addition to personal liberation, there is a significant Freedom Dividend – a range of social and economic improvements that occur with the removal of individuals and groups from slavery. This freedom dividend is seen in a number of dimensions, including:

  • educational participation in girls and boys,
  • increased family incomes and payment of wages,
  • initiation of family asset formation
  • improved access to health services,
  • improved status and greater safety from violence of women and girls
  • increased political participation,
  • reduced corruption at the local level in terms of access to legal justice and in delivery of social and development services (such as access to water).

In addition, because former slaves are able to participate alongside other citizens in using public services and in local economic activity, there are improvements in social integration.

These benefits are most directly experienced by the former slaves, and they also directly affect the families of returning trafficking survivors. It is also believed (though not so far rigorously tested) that increased incomes and more efficient work practices of people coming out of slavery lead to a general upward spiral in local economic activity (including the incomes of those families who were NOT held in slavery). Also, to the extent that groups of people coming out of slavery achieve changes in government behavior, improvements in rule of law, and reduction of violence against women, this benefits a wider group of citizens.

Space Satellites Are Not Afraid Of YOU

The use of satellite imagery in the fight against human rights violations is both important and fascinating. Amnesty International explains the power of technology like this:

Importantly for efforts to secure justice and accountability for the gravest of crimes under international law, remote sensing is replicable, and offers evidentiary value as we move closer toward a system of international justice that minimizes impunity for these grave crimes. These relatively new data – such as remote sensing data and corresponding analysis – cannot be intimidated or threatened, and enjoy permanence that allows for even retrospective documentation.

Remote Sensing for Human Rights, Amnesty International

This technology was used to examine political prison labor camps in North Korea and produced hard evidence that the camps are not being shut down, as promised by the North Korean government. In fact, they appear to be growing in size.

The report contains copies of images and detailed analysis of those images. It also presents information from survivors, including the following:

According to testimonies from former inmates in kwanliso 15, all inmates were subject to forced labour for between 10 to 12 hours daily in dangerous conditions in the production facilities, mines, logging and farming. Failure to meet the work quotas could lead to reduction or discontinuation of food rations. According to a couple, Kim and Lee (full names withheld), who were detained in kwanliso 15 between 1999 and 2001,

“We worked in the farms (at kwanliso 15) from 7am to 8pm. We cultivated corn. We were divided to work in units comprising 10-15 people each. We were given a daily production target that we had to meet. If the unit did not meet the daily target, the unit-members were punished collectively. During the course of our three-year detention, often we did not meet our targets because we were always hungry and weak. We were punished with beatings and also reductions in our food quota. In addition to that, in the Ideology Struggle Sessions that were held after work, those who did not meet the target were severely criticized and beaten by other inmates.”

According to prison official Mr. Lee who worked in kwanliso 16, inmates used to spend most of their time working in dangerous conditions, were overworked and had very little time to rest. In most cases, they had to work until they fulfilled their work quotas. After their work, they had to attend self-criticism meetings. Only after these meetings were they allowed to rest; mostly between 12 midnight and 4am. He had witnessed accidents in the work place, many of which were fatal.

North Korea, New satellite images show continued investment in the infrastructure of repressionAmnesty International, October 2013

The same imagery was combined with Tomnod crowd sourcing to identify locations of illegal fishing on Lake Malta, known for rampant human rights violations, including a disturbingly large number of of child slaves.

Visit Tomnod to participate in currently running crowd sourced projects or review the results of past campaigns.