Presentation on theme: "Parosha Chandran Human Rights Barrister 1 Pump Court Chambers, London"— Presentation transcript:
1 Parosha Chandran Human Rights Barrister 1 Pump Court Chambers, London “Modern Slavery: Breaking the Chains” A Rene Cassin Event 22 April 2015 At: Berwin Leighton PaisnerParosha ChandranHuman Rights Barrister1 Pump Court Chambers, London
2 International Framework: A snapshot UN Slavery Convention 1926, Art 1(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.”ILO Forced Labour Convention 1930, Art 2(1) “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”.European Convention on Human Rights 1950, Article 4.“1. No one shall be held in slavery or servitude.2. No one shall be required to perform forced or compulsory labour.”Palermo Protocol 2000 (Trafficking in Persons Protocol)Council of Europe Convention on Action against Trafficking in Human Beings 2005 (“Trafficking Convention”) – 1 April 2009EU Directive 2011/36/EU (“Trafficking Directive”) – 6 April 2013
3 Pre-Modern Slavery Act Criminal Legislation Sexual Offences Act 2003, ss57-59Asylum and Immigration (Treatment of Claimants etc.) Act 2004, s.4Coroners and Justice Act 2009, s.71Amending legislation: Freedom of Protections Act 2012
4 Human Trafficking: the Art Human Trafficking: the Art. 3 Palermo Protocol definition as developed under Art. 2 EU Trafficking DirectiveArt 2.1 EU Directive:“The [act of] recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those 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.” [Emphasis added]
5 EU Directive, Art. 2 cont…“2. A position of vulnerability means a situation in which the person concerned has no real or acceptable alternative but to submit to the abuse involved.3. Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs.4. The consent of a victim of trafficking in human beings to the exploitation, whether intended or actual, shall be irrelevant where any of the means set forth in paragraph 1 has been used.5. When the conduct referred to in paragraph 1 involves a child, it shall be a punishable offence of trafficking in human beings even if none of the means set forth in paragraph 1 has been used.6. For the purpose of this Directive, ‘child’ shall mean any person below 18 years of age.” [Emphasis added]
6 ILO: Indicators of Forced Labour 2012 Abuse of vulnerabilityDeceptionRestriction of movementIsolationPhysical and sexual violenceIntimidation and threatsRetention of identity documentsWithholding of wagesDebt bondageAbusive working and living conditionsExcessive overtime
7 Will the Modern Slavery Act help to end these shameful practices?
8 Section 45: Non-Punishment Defence Defence for slavery or trafficking victims who commit an offence“(1)A person is not guilty of an offence if—(a)the person is aged 18 or over when the person does the act which constitutes the offence,(b)the person does that act because the person is compelled to do it,(c)the compulsion is attributable to slavery or to relevant exploitation, and(d)a reasonable person in the same situation as the person and having the person’s relevant characteristics would have no realistic alternative to doing that act.(2)A person may be compelled to do something by another person or by the person’s circumstances.(3)Compulsion is attributable to slavery or to relevant exploitation only if—(a)it is, or is part of, conduct which constitutes an offence under section 1 or conduct which constitutes relevant exploitation, or(b)it is a direct consequence of a person being, or having been, a victim of slavery or a victim of relevant exploitation.(4)A person is not guilty of an offence if—(a)the person is under the age of 18 when the person does the act which constitutes the offence,(b)the person does that act as a direct consequence of the person being, or having been, a victim of slavery or a victim of relevant exploitation, and(c)a reasonable person in the same situation as the person and having the person’s relevant characteristics would do that act…”
9 Section 54: TISC Clause 54 Transparency in supply chains etc “(1) A commercial organisation within subsection (2) must prepare a slavery and human trafficking statement for each financial year of the organisation.(2) A commercial organisation is within this subsection if it— (a) supplies goods or services, and (b) has a total turnover of not less than an amount prescribed by regulations made by the Secretary of State.(3) For the purposes of subsection (2)(b), an organisation’s total turnover is to be determined in accordance with regulations made by the Secretary of State.(4) A slavery and human trafficking statement for a financial year is—(a) a statement of the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place—(i) in any of its supply chains, and(ii) in any part of its own business, or(b) a statement that the organisation has taken no such steps. ..”
10 (5) An organisation’s slavery and human trafficking statement may include information about— (a) the organisation’s structure, its business and its supply chains;(b) its policies in relation to slavery and human trafficking;(c) its due diligence processes in relation to slavery and human trafficking in its business and supply chains;(d) the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk;(e) its effectiveness in ensuring that slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate;(f) the training about slavery and human trafficking available to its staff.
11 How do we stamp out slavery in our supply chains?
12 How do we lead a drive against this worldwide problem? Internationally recognised formula for combatting human trafficking: “The 4 Ps” -Protection of victims -Prosecution and punishment of traffickers -Prevention strategies and measures -Partnership/Co-operation I propose a 5th P: -Passion