Human Trafficking: Human Trafficking: Does Slavery Exist Today?Does Slavery Exist Today?

Jean AllainJean Allain

Professor of Public International Professor of Public International LawLaw

Director, Human Rights Centre, Director, Human Rights Centre,

School of LawSchool of Law

““Slavery is the status or Slavery is the status or condition of a person condition of a person over whom any or all of over whom any or all of the powers attaching to the powers attaching to the right of ownership the right of ownership are exercised.”are exercised.”

Deconstructing the DefinitionDeconstructing the Definition

Slavery is a person over whom any or all of the right[s] of ownership are exercised.

Slavery is the status or condition of a person over whom any or all of the right[s] of ownership are exercised.

Slavery is the status or condition of a person over Slavery is the status or condition of a person over whom any or all of whom any or all of the powers attaching tothe powers attaching to the the right of ownership are exercised. right of ownership are exercised.

Contemporary RelevanceContemporary Relevance

Slavery is the status or condition of a person over whom any or all of the right[s] of ownership are exercised.

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The definition goes beyond the application to chattel slavery, The definition goes beyond the application to chattel slavery, it speaks to the contemporary lived experience of slaves: it speaks to the contemporary lived experience of slaves:

““Status is a legal concept. Since the legal status of slavery did not exist in Status is a legal concept. Since the legal status of slavery did not exist in many parts of the world, and since it was intended that it would cease to many parts of the world, and since it was intended that it would cease to exist everywhere, the evident purpose of the reference to ‘condition’ was to exist everywhere, the evident purpose of the reference to ‘condition’ was to cover slavery cover slavery de factode facto as well as as well as de jure de jure ”. ”.

High Court of Australia, High Court of Australia,

The Queen v TangThe Queen v Tang, ,

[2008] HCA 39, 28 August 2008, p. 13.[2008] HCA 39, 28 August 2008, p. 13.

Exercise of PowersExercise of PowersSlavery is the status or condition of a person over Slavery is the status or condition of a person over whom any or all of whom any or all of the powers attaching tothe powers attaching to the right the right of ownership are exercised.of ownership are exercised.

----------------------------------------2012 Bellagio-Harvard Guidelines on the Legal Parameters of 2012 Bellagio-Harvard Guidelines on the Legal Parameters of

Slavery Slavery ::

Guideline 2 – The Exercise of the Powers Attaching to the Right of Guideline 2 – The Exercise of the Powers Attaching to the Right of OwnershipOwnership

In cases of slavery, the exercise of ‘the powers attaching to the In cases of slavery, the exercise of ‘the powers attaching to the right of ownership’ should be understood as constituting control right of ownership’ should be understood as constituting control over a person in such a way as to significantly deprive that person over a person in such a way as to significantly deprive that person of his or her individual liberty, with the intent of exploitation of his or her individual liberty, with the intent of exploitation through the use, management, profit, transfer or disposal of that through the use, management, profit, transfer or disposal of that personperson. Usually this exercise will be supported by and obtained . Usually this exercise will be supported by and obtained through means such as violent force, deception and/or coercion.through means such as violent force, deception and/or coercion.

Contemporary ApplicationContemporary ApplicationSlavery is the status or condition of a person over whom any or all Slavery is the status or condition of a person over whom any or all

of of the powers attaching tothe powers attaching to the right of ownership are the right of ownership are exercised.exercised.

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The slavery definition functions within a property paradigm.The slavery definition functions within a property paradigm.

How so in situations of contemporary slavery, How so in situations of contemporary slavery,

where ownership is illegal?where ownership is illegal?

In the same manner as with ‘ownership’ In the same manner as with ‘ownership’

of illegal things – through control.of illegal things – through control.

Where control over a person is such asWhere control over a person is such as

it would constitute possession of a thing, slavery is present.it would constitute possession of a thing, slavery is present.

  

To Sell a PersonTo Sell a Person

a) Buying, Selling or Transferring a a) Buying, Selling or Transferring a PersonPerson

Buying, selling or otherwise Buying, selling or otherwise transferring a person may transferring a person may provide evidence of slavery.provide evidence of slavery.

Having established control Having established control tantamount to possession; the tantamount to possession; the act of buying, selling or act of buying, selling or transferring that person will be transferring that person will be an act of slavery.an act of slavery.

Evidence of slavery may also be Evidence of slavery may also be found in similar transactions, found in similar transactions, such as bartering, exchanging, such as bartering, exchanging, or giving or receiving a person or giving or receiving a person as a gift, where control as a gift, where control tantamount to tantamount to possession has possession has been established.been established.

“Mancini: My decision to sell Mario” –

Headline of 1 Feb 2013 edition of the Manchester Evening News

To Use a Person To Use a Person

c) Managing the Use of a c) Managing the Use of a PersonPerson

Managing the use of a person Managing the use of a person may provide evidence of may provide evidence of slavery. Having established slavery. Having established control tantamount to control tantamount to possession; the act of possession; the act of managing that person will be managing that person will be an act of slavery.an act of slavery.

Evidence of such management Evidence of such management of the use of a person may of the use of a person may include direct management include direct management such as a brothel owner such as a brothel owner delegating power to a day delegating power to a day manager in a situation of manager in a situation of slavery in the slavery in the context of sex context of sex work. work.