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Slavery and Human Trafficking Presentation by rob bollixed Ashton Meet 10 th Oct 2012.

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Presentation on theme: "Slavery and Human Trafficking Presentation by rob bollixed Ashton Meet 10 th Oct 2012."— Presentation transcript:

1 Slavery and Human Trafficking Presentation by rob bollixed Ashton Meet 10 th Oct 2012

2 "Death is not the greatest loss in life. The greatest loss is what dies inside us while we live." – Norman Cousins

3 Declaration of Abroath 1325 Yet if he should give up what he has begun, and agree to make us or our kingdom subject to the King of England or the English, we should exert ourselves at once to drive him out as our enemy and a subverter of his own rights and ours, and make some other man who was well able to defend us our King; for, as long as but a hundred of us remain alive, never will we on any conditions be brought under English rule. It is in truth not for glory, nor riches, nor honours that we are fighting, but for freedom -- for that alone, which no honest man gives up but with life itself.

4 Introduction Do you feel empowered or disempowered individually by the Law and the financial system and the Government? Do you understand that slavery covers a wide range of practices? Do you understand that there are international Treaties and National Laws prohibiting slavery? Do you know we already had/have our own national slavery Laws?

5 Slavery Colonial Registers of Slaves (UK territories) The Slave Trade Act 1807 (UK) Slavery Abolition Act 1833 (UK) 1926 – The International Labour Organisation (ILO) Slavery Convention 1948 – The UN Universal Declaration of Human Rights 1950 – Original draught of the Council of Europe, European Convention on Human Rights and Fundamental freedoms The UN Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery UN Convention on the Rights of the Child (all children globally to be registered with the State) 1998 – The Human Rights Act (UK) Charter of Fundamental Rights of the European Union Coroners and Justice Act, s71 (UK) 2010 – latest revision of the Council of Europe, European Convention on Human Rights and Fundamental Freedoms, inc protocols 11 and 14 Anti-Slavery Day Act – Protection of Freedoms Act (UK)

6 Colonial Registers Up to Each British colony was required to maintain a register of slaves. Slavery and the slave trade were legal and lawful.

7 The Slave Trade Act 1807 (UK) The Committee for the Abolition of the Slave Trade formed in 1787 was formed by a group of Evangelical English Protestants allied with Quakers to unite in their shared opposition to slavery and the slave trade. The act abolished the slave trade in the British Empire, but not slavery itself Slavery on English soil was unsupported in English law Slavery remained legal in most of the British Empire until the Slavery Abolition Act 1833

8 19 th Century efforts by Britain to force a global ban on slavery The Royal Navy, which then controlled the world's seas, established the West Africa Squadron in 1808 to patrol the coast of West Africa, and between 1808 and 1860 they seized approximately 1,600 slave ships and freed 150,000 Africans who were aboard. The Royal Navy declared that ships transporting slaves were the same as pirates. Action was also taken against African leaders who refused to agree to British treaties to outlaw the trade, for example against "the usurping King of Lagos", deposed in Anti-slavery treaties were signed with over 50 African rulers. In the 1860s, David Livingstone's reports of atrocities within the Arab slave trade in Africa stirred up the interest of the British public, reviving the flagging abolitionist movement. The Royal Navy throughout the 1870s attempted to suppress "this abominable Eastern trade", at Zanzibar in particular. In 1890 Britain handed control of the strategically important island of Heligoland in the North Sea to Germany in return for control of Zanzibar, in part to help enforce the ban on slave trading.

9 Slavery Abolition Act 1833 The Slavery Abolition Act 1833 was an Act of the Parliament of the United Kingdom abolishing slavery throughout the British Empire (with the exceptions "of the Territories in the Possession of the East India Company," the "Island of Ceylon," and "the Island of Saint Helena", which exceptions were eliminated in 1843). The Act was repealed in 1998 as part of a wider rationalisation of English statute law, but later anti-slavery legislation remains in force.

10 The Slavery Convention 1926 (ILO) Article 1 - For the purpose of the present Convention, the following definitions are agreed upon: (1) Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. (2) The slave trade includes all acts involved in the capture, acquisition or disposal of a person with intent to reduce him to slavery; all acts involved in the acquisition of a slave with a view to selling or exchanging him; all acts of disposal by sale or exchange of a slave acquired with a view to being sold or exchanged, and, in general, every act of trade or transport in slaves. Ratified by members of the League of Nations

11 The Universal Declaration of Human Rights This is not and was never intended to be an exhaustive list of your individual and social freedoms and rights. Following the second world war it was intended as a framework for countries who were rebuilding a govt and legal system from scratch. We in the UK had our Customs, Traditions, National Laws, and British Constitution. We didn't need the UDHR1948! Article 1. All human beings are born free and equal in dignity and rights. Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 6. Everyone has the right to recognition everywhere as a person before the law. Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

12 Council of Europe, European Convention on Human Rights and Fundamental Freedoms 1950 Article 4 No-one shall be held in slavery or servitude. This wording remains unchanged in the 2010 revised Convention!

13 The United Nations 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery Article 1 Each of the States Parties to this Convention shall take all practicable and necessary legislative and other measures to bring about progressively and as soon as possible the complete abolition or abandonment of the following institutions and practices, where they still exist and whether or not they are covered by the definition of slavery contained in article 1 of the Slavery Convention signed at Geneva on 25 September 1926: ( a ) Debt bondage, that is to say, the status or condition arising from a pledge by a debtor of his personal services or of those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt or the length and nature of those services are not respectively limited and defined; ( b ) Serfdom, that is to say, the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person, whether for reward or not, and is not free to change his status; Article 4 Any slave who takes refuge on board any vessel of a State Party to this Convention shall ipso facto be free. ??!! Article 5 In a country where the abolition or abandonment of slavery, or of the institutions or practices mentioned in article 1 of this Convention, is not yet complete, the act of mutilating, branding or otherwise marking a slave or a person of servile status in order to indicate his status, or as a punishment, or for any other reason, or of being accessory thereto, shall be a criminal offence under the laws of the States Parties to this Convention and persons convicted thereof shall be liable to punishment.

14 The United Nations 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery Article 6 1. The act of enslaving another person or of inducing another person to give himself or a person dependent upon him into slavery, or of attempting these acts, or being accessory thereto, or being a party to a conspiracy to accomplish any such acts, shall be a criminal offence under the laws of the States Parties to this Convention and persons convicted thereof shall be liable to punishment. 2. Subject to the provisions of the introductory paragraph of article 1 of this Convention, the provisions of paragraph 1 of the present article shall also apply to the act of inducing another person to place himself or a person dependent upon him into the servile status resulting from any of the institutions or practices mentioned in article 1, to any attempt to perform such acts, to being accessory thereto, and to being a party to a conspiracy to accomplish any such acts. Article 7 For the purposes of the present Convention: ( a ) "Slavery" means, as defined in the Slavery Convention of 1926, the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, and "slave" means a person in such condition or status; ( b ) "A person of servile status" means a person in the condition or status resulting from any of the institutions or practices mentioned in article 1 of this Convention; debt servitude ( c ) "Slave trade" means and includes all acts involved in the capture, acquisition or disposal of a person with intent to reduce him to slavery; all acts involved in the acquisition of a slave with a view to selling or exchanging him; all acts of disposal by sale or exchange of a person acquired with a view to being sold or exchanged; and, in general, every act of trade or transport in slaves by whatever means of conveyance.

15 UN Convention on the Rights of the Child Preamble: Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth" Article 7 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless. Article 8 1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. 2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re- establishing speedily his or her identity.

16 Human Rights Act 1998 ARTICLE 4 PROHIBITION OF SLAVERY AND FORCED LABOUR 1 No one shall be held in slavery or servitude.

17 Charter of Fundamental Rights of the European Union 2000 Article 1 Human dignity is inviolable. It must be respected and protected. Article 5 Prohibition of slavery and forced labour 1. No one shall be held in slavery or servitude. 2. No one shall be required to perform forced or compulsory labour. 3. Trafficking in human beings is prohibited.

18 Charter of Fundamental Rights of the European Union 2000 Entitled Freedoms Right to liberty and security Respect for private and family life Protection of personal data Right to marry and right to found a family Freedom of thought, conscience and religion Freedom of expression and information Freedom of assembly and of association Freedom of the arts and sciences Right to education Freedom to choose an occupation and right to engage in work Freedom to conduct a business Right to property Right to asylum Protection in the event of removal, expulsion or extradition

19 Coroners and Justice Act 2009 Section 71- Slavery, servitude and forced or compulsory labour (1) A person (D) commits an offence if— (a) D holds another person in slavery or servitude and the circumstances are such that D knows or ought to know that the person is so held, or (b) D requires another person to perform forced or compulsory labour and the circumstances are such that D knows or ought to know that the person is being required to perform such 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 (which prohibits a person from being held in slavery or servitude or being required to perform forced or compulsory labour). (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine, or both. (4) In this section— “Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950; “the relevant period” means— (a) in relation to England and Wales, 12 months; (b) in relation to Northern Ireland, 6 months.

20 QUESTION Why, if we had protection against slavery since William Wilberforce's time and the 19 th anti- slavery Acts did we need slavery to be made illegal in 2009? Any ideas from the audience???

21 Anti-Slavery Day Act 2010 Anti-Slavery Day (1)The Secretary of State shall by order made by statutory instrument specify a date which shall be observed each year as Anti- Slavery Day. (2)The purpose of Anti-Slavery Day shall be to— (a)acknowledge that millions of men, women and children continue to be victims of slavery, depriving them of basic human dignity and freedom; (b)raise awareness amongst young people and others of the dangers and consequences of slavery, human trafficking and exploitation and encourage them to be proactive in the fight against it; (c)draw attention to— (I) the progress made by government and those working to combat all forms of slavery, human trafficking and exploitation, and (ii) what more needs to be done. (3)In this Act “slavery” includes— (a)trafficking for sexual exploitation, (b)child trafficking, (c)trafficking for forced labour, and (d)domestic servitude.

22 Human Trafficking as a form of Slavery and the Slave Trade

23 What is Human Trafficking?

24 2005 Council of Europe Convention on Action against Trafficking in Human Beings Preamble Considering that trafficking in human beings constitutes a violation of human rights and an offence to the dignity and the integrity of the human being; Considering that trafficking in human beings may result in slavery for victims; Considering that respect for victims ’ rights, protection of victims and action to combat trafficking in human beings must be the paramount objectives; Article 2 – Scope This Convention shall apply to all forms of trafficking in human beings, whether national or transnational, whether or not connected with organised crime. Article 3 – Non-discrimination principle The implementation of the provisions of this Convention by Parties, in particular the enjoyment of measures to protect and promote the rights of victims, shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

25 2005 Council of Europe Convention on Action against Trafficking in Human Beings Article 4 – Definitions For the purposes of this Convention: A "Trafficking in human beings" 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 human beings” 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 human beings" even if this does not involve any of the means set forth in subparagraph (a) of this article; D "Child" shall mean any person under eighteen years of age; E “Victim” shall mean any natural person who is subject to trafficking in human beings as defined in this article.

26 1998 UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms Article 9 1. In the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the present Declaration, everyone has the right, individually and in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights. 2. To this end, everyone whose rights or freedoms are allegedly violated has the right, either in person or through legally authorized representation, to complain to and have that complaint promptly reviewed in a public hearing before an independent, impartial and competent judicial or other authority established by law and to obtain from such an authority a decision, in accordance with law, providing redress, including any compensation due, where there has been a violation of that person's rights or freedoms, as well as enforcement of the eventual decision and award, all without undue delay. 3. To the same end, everyone has the right, individually and in association with others, inter alia : ( a ) To complain about the policies and actions of individual officials and governmental bodies with regard to violations of human rights and fundamental freedoms, by petition or other appropriate means, to competent domestic judicial, administrative or legislative authorities or any other competent authority provided for by the legal system of the State, which should render their decision on the complaint without undue delay; ( b ) To attend public hearings, proceedings and trials so as to form an opinion on their compliance with national law and applicable international obligations and commitments; ( c ) To offer and provide professionally qualified legal assistance or other relevant advice and assistance indefending human rights and fundamental freedoms. 4. To the same end, and in accordance with applicable international instruments and procedures, everyone has the right, individually and in association with others, to unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms. 5. The State shall conduct a prompt and impartial investigation or ensure that an inquiry takes place whenever there is reasonable ground to believe that a violation of human rights and fundamental freedoms has occurred in any territory under its jurisdiction.

27 1998 UN Declaration... Article 10 No one shall participate, by act or by failure to act where required, in violating human rights and fundamental freedoms and no one shall be subjected to punishment or adverse action of any kind for refusing to do so. Article 11 Everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession. Everyone who, as a result of his or her profession, can affect the human dignity, human rights and fundamental freedoms of others should respect those rights and freedoms and comply with relevant national and international standards of occupational and professional conduct or ethics.

28 1998 UN Declaration... Article Everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms. 2. The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration. 3. In this connection, everyone is entitled, individually and in association with others, to be protected effectively under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States that result in violations of human rights and fundamental freedoms, as well as acts of violence perpetrated by groups or individuals that affect the enjoyment of human rights and fundamental freedoms.

29 1998 UN Declaration... Article 17 In the exercise of the rights and freedoms referred to in the present Declaration, everyone, acting individually and in association with others, shall be subject only to such limitations as are in accordance with applicable international obligations and are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.Article 19 Nothing in the present Declaration shall be interpreted as implying for any individual, group or organ of society or any State the right to engage in any activity or to perform any act aimed at the destruction of the rights and freedoms referred to in the present Declaration. Article 20 Nothing in the present Declaration shall be interpreted as permitting States to support and promote activities of individuals, groups of individuals, institutions or non-governmental organizations contrary to the provisions of the Charter of the United Nations.

30 To Finish

31 Freedom makes a huge requirement of every human being. With freedom comes responsibility. For the person who is unwilling to grow up, the person who does not want to carry his own weight, this is a frightening prospect. - Eleanor Roosevelt

32 It does not take a majority to prevail... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men. Samuel Adams

33 If to be feelingly alive to the sufferings of my fellow-creatures is to be a fanatic, I am one of the most incurable fanatics ever permitted to be at large. - William Wilberforce

34 THANK YOU!


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