Modern Slavery in a nutshell

MODERN SLAVERY

Modern Slavery (also called Contemporary Slavery) is an umbrella term covering a series of crimes against human beings, in violation of human rights, in which an individual is controlled, deceived, or coerced by others for profit or personal gain. Individuals who live in conditions of slavery experience an imbalance of power between themselves and the perpetrator. The victim is unable to refuse or leave the abusive situation imposed by the oppressor, resulting in physical, psychological, and interpersonal trauma. The crime of slavery, more than any other, harms human dignity.

Slavery is one of the oldest institutions in human history. The first clear written records of slavery come from ancient Mesopotamia (modern-day Iraq), in the Sumerian civilisation, dating back to 3500–3000 BC. Historical records show that it appeared independently in virtually every ancient civilisation, such as Egypt, China, the Indus Valley, Greece, Rome, and the pre-Columbian Americas, persisting until the very recent past. Indeed, the term “Modern,” added before the word “Slavery,” is used to mark the distinction from the historical, legal slavery that ended with the abolition of the Atlantic Slave Trade (which ran from the 16th to the 19th century) and the legislation introduced after the mid-1800s, which declared the condition of slavery and the possession of slaves illegal.

Nowadays, modern slavery is present in every nation state (including wealthy nations), deliberately concealed and passively accepted. Because it is a hidden phenomenon, it is hard to identify victims and perpetrators, creating a “grey zone” of unknown data. However, according to the Walk Free organisation, approximately 50 million people worldwide live in modern slavery today.

PUSH FACTOR

The push factors that drive Modern Slavery can be summarised in macro-categories such as economic inequality, social and governance insecurity, forced displacement, climate change, and demographic factors.

OPPORTUNITY FOR CRIME

The push factors of Modern Slavery, regardless of the country or place in the world where they occur, generate a series of interconnected and multi-levelled opportunities for crime.

Perpetrator stakeholders who operate to exploit human beings can be identified as follows:

• Transnational organised crime
• Terrorist organisations
• Non-state actors
• State actors
• Organised crime
• Gangs
• Private sector
• Lone individuals

Each category operates in a different space and for a different purpose. Sometimes different perpetrator stakeholders collaborate with one another; at other times, they act alone to commit crimes of human exploitation.

Contexts in which we can find the exploitation of human beings:

• Conflict zones and areas of political instability
• Maritime spaces
• Cybercrime
• Migration and forced displacement
• Global labour supply chains
• Unregulated economies
• …our own neighbourhoods (such as nail salons, hospitality, car washes, manufacturing, agriculture, fishing, construction, etc.)

TYPE OF EXPLOITATION OF HUMAN BEINGS

Human Trafficking

The internationally accepted definition of human trafficking comes from Article 3 of the UN Palermo Protocol, in Annex II, “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children”:

“(a) Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

(b)The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;

(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article; “Child” shall mean any person under eighteen years of age.”

Three elements are needed to define human trafficking:

• The act: recruitment, transportation, transfer, harbouring or receipt of persons.
• The means: the threat or use of force, coercion, abduction, fraud, deception, abuse of power, abuse of a position of vulnerability, or the giving or receiving of payments to obtain control over another person.
• The purpose: exploitation.

In the case of adults, the three elements must be established cumulatively. Where the victim is under 18, the “means” element is dispensed with: the act combined with the purpose of exploitation is sufficient to constitute trafficking, as a child is legally incapable of consenting to their own exploitation.

Human trafficking involves the movement and exploitation of a person with the aim of profiting from their vulnerability, and it can occur either within the victim’s country of origin or in another state. It should not be confused with “smuggling”, a term used especially in the migration context, which refers to a situation in which a person voluntarily agrees to enter a foreign country illegally by paying a third party to facilitate their clandestine entry.

Human trafficking in numbers (*):

• 202,478 victims detected in total between 2020-2023.
• 38% children, 62% adults
• Purpose of trafficking: 42% forced labour, 36% sexual exploitation, 22% other
• 70% of convicted traffickers are men

*Sources:

-UN Palermo Protocol, in the Annex II, “Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children “

-UNODC, “Global Report on Trafficking in Persons 2024”, United Nations publication.

Forced labour or labour exploitation

According to the ILO Forced Labour Convention, 1930 (No. 29), forced or compulsory labour is “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.”

Three elements are central to this definition:

• Work or service: any type of labour, in any sector, whether legal or illegal.
• Menace of a penalty: a threat that can take many forms, including physical violence, financial penalties, confiscation of documents, denunciation to the authorities, or loss of rights.
• Involuntariness: the absence of free and informed consent to take the job, or of the freedom to leave it at any time.

Forced labour in numbers (*):

• 27.6 million people worldwide
• 17.3 million exploited in the private economy
• 6.3 million in forced commercial sexual exploitation
• 3.9 million in state-imposed forms of forced labour
• 39.4% are women and girls (4.9 million in forced commercial sexual exploitation and 6 million in other economic sectors)
• 12% are children, equivalent to 3.3 million. More than half of these children are in commercial sexual exploitation
• The Asia and the Pacific region has the highest number of people in forced labour (15.1 million), while the Arab States have the highest prevalence (5.3 per thousand people)
• Migrant workers are three times more likely to be in forced labour

Forced labour generates an estimated US$236 billion in illegal profits each year.

*Sources:

-International Labour Organization (ILO), Walk Free, and International Organization for Migration (IOM), (2022) “Global Estimates of Modern Slavery: Forced Labour and Forced Marriage”, ILO Publications.

-ILO: https://www.ilo.org/topics-and-sectors/forced-labour-modern-slavery-and-trafficking-persons/data-and-research-forced-labour and https://webapps.ilo.org/flodashboard/

Debt bondage / bonded labour

Debt bondage, also called bonded labour, is a form of forced labour in which a person is compelled to work to repay a debt or loan, losing control over their working conditions and, often, their freedom.

Debt bondage in numbers (*):

• 3.4 million of the 17.3 million people in forced labour in the private sector, are exploited in debt bondage.

*Sources:

-International Labour Organization (ILO), Walk Free, and International Organization for Migration (IOM), (2022) “Global Estimates of Modern Slavery: Forced Labour and Forced Marriage”, ILO Publications.

Domestic servitude

Domestic servitude is a form of forced labour in which a person is compelled to work in a private household, performing tasks such as cleaning, cooking, childcare and caring for the elderly, while being exploited and prevented from leaving.

Domestic servitude in numbers (*):

• 1.4 million of the 17.3 million people in forced labour in the private economy are exploited in domestic work

*Sources:

-International Labour Organization (ILO), Walk Free, and International Organization for Migration (IOM), (2022) “Global Estimates of Modern Slavery: Forced Labour and Forced Marriage”, ILO Publications

Sexual exploitation

Sexual exploitation in modern slavery refers to the coercion or forcing of a person into commercial sexual activity against their will, for the profit or benefit of another. It is a crime that cuts across both human trafficking and forced labour. It is one of the most widespread forms of modern slavery, with women and children representing the vast majority of victims.

Sexual exploitation in numbers (*):

• 6.3 million people are victims of forced commercial sexual exploitation globally
• 36% of all human trafficking is for the purpose of sexual exploitation
• 64% of victims are women and 28% are girls
• 300 million children a year are victims of technology-facilitated sexual exploitation and abuse

*Sources:

-UNODC, Global Report on Trafficking in Persons (2024)

-Childlight – Global Child Safety Institute. Into the Light Index on Child Sexual Exploitation and Abuse Globally: 2024 Report. Edinburgh: Childlight, 2024.

Child slavery

Child slavery refers to the exploitation of children, meaning anyone under 18 years of age. Children are particularly vulnerable because of their age, their dependence on adults, their limited ability to protect themselves and their inability to give meaningful consent. Child slavery occurs when a child is controlled, coerced or forced into work or services against their will, or is placed in a situation they cannot leave.

Child slavery in numbers (*):

• 12 million children are living in conditions of modern slavery
• 38% of all trafficking victims are children
• 3.3 million children are exploited in forced labour
• 9 million children are in forced or early marriage
• 105,000 child soldiers (verified cases, 2005 to 2022)
• 300 million children a year are victims of technology-facilitated sexual exploitation and abuse

*Sources:

– Walk Free website: https://www.walkfree.org/reports/global-estimates-of-modern-slavery-2022/

– Antislavery International website: https://www.antislavery.org/slavery-today/child-slavery/

– International Labour Organization (ILO), Walk Free, and International Organization for Migration (IOM), (2022) “Global Estimates of Modern Slavery: Forced Labour and Forced Marriage”, ILO Publications.

– ILO and UNICEF, Child Labour: Global Estimates 2020, Trends and the Road Forward, June 2021.

– UNICEF: https://www.unicef.org/protection/children-recruited-by-armed-forces

– UNODC, Global Report on Trafficking in Persons (2024)

– Childlight – Global Child Safety Institute. Into the Light Index on Child Sexual Exploitation and Abuse Globally: 2024 Report. Edinburgh: Childlight, 2024.

Forced and early marriage

Forced and early marriage refers to marriages entered into without the full, free and informed consent of one or both parties, or involving a child, where the marriage results in exploitation, servitude or the removal of a person’s freedom. Where coercion and exploitation are present, such marriages are recognised as a form of modern slavery.

Forced and early marriage in numbers (*):

• 22 million people are living in forced marriage
• 14.9 million of them are women and girls
• 9 million are children, both boys and girls

*Sources:

– Antislavery International website: https://www.antislavery.org/slavery-today/child-slavery/

– International Labour Organization (ILO), Walk Free, and International Organization for Migration (IOM), (2022) “Global Estimates of Modern Slavery: Forced Labour and Forced Marriage”, ILO Publications.

Organ trafficking

Organ trafficking is the illegal trade in human organs, tissues or cells for transplantation. Also known as “trafficking in persons for the purpose of organ removal”, it involves exploiting an individual in order to extract their organs, usually for unlawful transplantation that benefits or enriches others. Traffickers, typically operating within sophisticated criminal networks, profit by selling these organs to recipients who cannot or will not wait for a legal transplant. Though it remains one of the least visible forms of exploitation, it is also among the gravest recognised under modern slavery frameworks.

Organ trafficking in numbers (*):

• An estimated 5–10% of all transplants worldwide involve organs obtained on the black market
• An estimated 12,000 illicit transplant surgeries take place each year
• The trade is thought to generate between US$840 million and US$1.7 billion a year

*Sources:

• UNODC, “Explainer: Understanding Human Trafficking for Organ Removal”: https://www.unodc.org/unodc/en/frontpage/2024/June/explainer_-understanding-human-trafficking-for-organ-removal.html
• Global Financial Integrity, “Transnational Crime and the Developing World”, 2017.

Forced criminality

Forced criminality refers to the coercion of a person into committing crimes or engaging in illegal activities for the benefit of another, against their will. Victims are exploited as tools to generate profit or reduce risk for their exploiters, while often being the ones who face arrest and prosecution. It is sometimes called “criminal exploitation”.

Descent-based slavery

Descent-based slavery is a form of slavery in which a person’s status as a slave is inherited at birth, passed down through generations along family lines.

BUSINESS AND HUMAN RIGHTS

Business activity is the engine of the economy: it drives economic and social development through the creation of jobs and the provision of goods and services. At times, however, business can also have a negative impact on human rights.

The Universal Declaration of Human Rights, adopted in 1948, is the founding milestone of the modern concept of human rights. In 2011, the United Nations established a global standard for ensuring that business respects human rights: the United Nations Guiding Principles on Business and Human Rights (UNGPs), endorsed unanimously by the UN Human Rights Council. The UNGPs provide an operational framework for protecting and respecting human rights in the context of business activity, and for remedying the adverse human rights impacts that may arise. They set out the obligations of States with respect to human rights in economic activity, and recognise that business enterprises have a responsibility to respect human rights regardless of their size, sector, operational context, ownership or structure. The UNGPs rest on three pillars and comprise 31 principles:

1. State Duty to Protect. Governments must enact laws and policies to prevent human rights abuses by businesses operating within their jurisdiction.
2. Corporate Responsibility to Respect. Businesses must avoid infringing on human rights, regardless of where they operate. This requires conducting regular Human Rights Due Diligence (HRDD) to identify, prevent, and mitigate risks across their entire value chain.
3. Access to Remedy. Both states and companies must ensure that victims of corporate-related human rights abuses have access to effective judicial and non-judicial grievance mechanisms.

These principles recognise that State action alone cannot ensure respect for human rights at a global scale. Businesses should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved. Forced labour, child labour, trafficking for labour exploitation and other forms of modern slavery must not only be addressed: businesses must also ensure that they do not cause or contribute to such abuses.

Respect for human rights is not only an ethical and moral issue; it can also protect business reputation and open up new commercial opportunities. Business and human rights frameworks should deliver tangible results for individuals and communities, thereby contributing to a more socially sustainable form of globalisation.

Human rights particularly relevant to business include:

• right to non-discrimination
• right to a safe work environment
• right to equal pay for equal work
• right to rest and leisure
• right to just and favourable remuneration
• right to freedom of association
• right to organise and take part in collective bargaining
• right to a clean and healthy environment
• right to work
• right to family life

There are other human rights that impact people’s lives and can be affected by the way a business runs its operations such as: • right to life, liberty and security of the person • right of peaceful assembly • right to an adequate standard of living (including food, clothing, and housing) • freedom from torture or cruel, inhuman or degrading treatment • right to marry and form a family • right to physical and mental health; access to medical services • equal recognition and protection under the law • freedom of thought, conscience and religion • right to education • right to a fair trial • right to hold opinions, freedom of information and expression • right to participate in cultural life, the benefits of scientific progress, and protection of authorial interests • right to self-determination • right to political life • right to social security • freedom of movement • right to privacy (reference: “A Guide to Business and Human Rights”, Equality and Human Rights Commission, 2014).

Alongside the UNGPs, other international and regional instruments have been adopted to protect human rights in the context of business, including:

• The OECD Guidelines (1976, updated in 2011) include a chapter on Human Rights aligned with the UNGPs.
• The ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (ILO MNE Declaration) was updated in 2017 to include new labour standards, as well as references to the UNGPs and the 2030 Agenda for Sustainable Development.
• The Council of Europe adopted a “Recommendation on business and human rights” in 2016.
• The European Union’s Corporate Sustainability Due Diligence Directive entered into force in 2024.

Alongside legislative tools to protect human rights in business, investors increasingly require companies and entrepreneurs to meet environmental, social and governance standards. Over the past two decades, financial institutions have increasingly aligned their investment practices with human rights and ESG (environmental, social and governance) considerations. ESG investing prioritises companies according to environmental, social and governance factors and is sometimes referred to as responsible or impact investing. Respecting ESG principles can support business resilience while benefiting communities and the environment. In relation to modern slavery, the social (S) dimension is particularly relevant.

Reference:

https://www.undp.org/sites/g/files/zskgke326/files/2024-11/undp_bhr_hrdde_practical_tool_for_business_2024.pdf

https://www.equalityhumanrights.com/sites/default/files/a_guide_to_business_and_human_rights_1_1.pdf

https://www.ohchr.org/en/business-and-human-rights

https://e-justice.europa.eu/topics/your-rights/fundamental-rights/business-and-human-rights_en

https://commission.europa.eu/topics/business-and-industry/company-law-and-corporate-governance/corporate-sustainability-due-diligence_en