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What is Modern Slavery and Human Trafficking?

Modern Slavery is complex, but in its simplest form, it is a situation whereby someone is forced to do something, and another person gains from this. It is the removal of someone’s liberty and a violation of their dignity.

The term ‘Modern Slavery’ is an umbrella term, encompassing the following offences:

Human Trafficking

The definition is:

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."

(Art. 4, European Convention against Trafficking)

The three elements are:

  1. Act
  2. Means*
  3. Purpose

Slavery, Servitude, Forced or Compulsory Labour

The definition 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."

(Art. 2, UN Convention concerning Forced or Compulsory Labour)

Servitude is where the situation seems permanent.

Slavery is where there is the concept of ownership.

The two elements are:

  1. Means*
  2. Purpose

*For both offences where they involve children, no Means is required.

Constitutive Elements of Modern Slavery

The Act (what)

  • recruiting
  • transportation
  • transfer
  • harbouring, or
  • receipt of persons

The Means (how)

  • force
  • fraud
  • coercion
  • deception
  • debt bondage
  • abuse of power
  • threats, or
  • abuse of vulnerability

Note: If the suspected victim is a child, no means is required.

The Purpose (why)

  • sexual exploitation
  • forced labour
  • domestic servitude
  • slavery
  • financial exploitation
  • illegal adoption
  • criminal exploitation
  • benefit fraud
  • sham marriage
  • removal of organs etc

The Act

The Act means ‘what’ happens with regards to some form of movement.

This can include, but is not limited to, recruitment, transportation, transferring, harbouring, or receipt of persons. ‘Harbouring’ suggests this is a very wide definition. 
‘Transportation’ need not be across borders; trafficking can occur within a country or even city (such as the movement of victims of sexual exploitation between brothels), it can be merely from one property in Bexley to another.

The Means

The Means relates to ‘how’ it happens - the means of control.

This can include physical coercion, such as threat of or use of force, or taking of documents.

This can also include psychological means. For example, rituals/juju practices, fear of danger to themselves or someone else if they report exploitation, threats to report them to the authorities, threats of rejection or feelings of shame or dishonour. ‘Means’ also includes ‘abuse of vulnerability’, which is also very broad, including things such as exploitation of a learning disability.

Important: No ‘Means’ necessary for cases involving children. This is because children cannot legally consent to do exploitative work.

The Purpose

The types of exploitation that someone is forced into, including:

  • Forced Labour - Being made to work for little or no money
  • Sexual Exploitation - Being coerced or forced into selling sex
  • Domestic Servitude - Being made to work within a home environment for little or no pay
  • Criminal Exploitation - Being forced to break the law for someone else (e.g., stealing, selling drugs, weapons)
  • Organ Harvesting - Bodily organs being removed for financial gain
     

This list is, however, non-exhaustive; someone may be a victim of modern slavery for other purposes, such as forced begging, forced marriage, and forced adoption.

Important: In cases of criminal exploitation, a victim may have a legal defence to criminal offences committed as part of their exploitation under Section 45 of the Modern Slavery Act. Limitations to this defence are noted in Schedule 4 of the Act.