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Policy Brief to Focus On South African Efforts to Combat Modern Slavery Using the

Mechanism of Global Governance

Executive Summary

Modern slavery is an issue affecting the world in general. Most victims of modern slavery are

exploited for personal or commercial gain. For instance, some female victims of modern slavery

are taken to foreign countries where they are sexually exploited. International labour

organisation states that in South Africa there is a great number of modern slaves which amounts

to approximately 155,000. Children exploitation also is a fish industry along the shores of the

country. Developing a policy to reduce modern slavery would be essential to ensure a healthy

nation in the future. Most victims of modern slavery in South Africa work in the severe effects

on the health of the victim, which includes also mental health. Being exploited may interfere

with one's emotions leading to distress and other mental illnesses. International collaboration

would help in reducing migrants’ modern slavery as nations will work together to eradicate

exploitation and abuse of foreign employees. Correspondingly, a committee to regulate the

migration of workers would help in reducing the chances of being enslaved in a foreign country.

This policy brief identifies the factors leading to modern slavery and its consequences. It also

provides recommendations on what should be done to end the practice as it is against human

rights.

Introduction
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Modern slavery involves severe exploitation of people for personal or commercial gains. In most

cases, the slaves are paid in terms of food or their wage does not reflect the hardship they endure

from their masters. From the outside, modern slavery looks like a genuine job where people are

well remunerated, however, on careful observation they are highly exploited. According to the

international labour organisation (ILO), in South Africa, there are 155, 000 victims of modern

slavery as of 2018. Modern slavery does not only affect South Africa but also cuts across all

nations in the world (Vellem 3). Global estimates for modern slavery states that there are 40

million people who are victims. The cases which have not been documented are many as there

have been cases all over of slavery which the recent one involving the mistreatment of domestic

workers in Gulf countries. Most of the domestic workers working in the Gulf countries have

reported being treated as slaves and working in unfavourable conditions. Modern slavery has

several negative impacts on the victims which include death and also impact on the dependants

emotionally and psychologically (Davidson 123). Combating modern slavery in South Africa

and the world, in general, requires the effort of different stakeholders who would ensure proper

implementation of policies which are against the practice. Reduction in modern slavery would

promote autonomy, hence protecting the rights of every person. Modern slavery does not only

involve work but also forced marriages which includes young people who have not attained the

age of consent (Trautrims 7). As a result, the policy on modern slavery should also consider

forced marriages as inclusive. Modern slavery is more than an ethical issue as at times the

perpetrators claim to have observed ethics even when they have breached human rights.

Scope of the Problem

Modern slavery takes different forms which include human trafficking, forced labour,

bonded labour, descend based slavery, child labour and forced marriages. In human trafficking
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most victims have been used to carry out prostitution, criminality or organ removal (Vellem 3).

Forced labour involves forcing people against their will to work under the threat of punishment.

Getting people into forced labour is majorly done by enticing them with fake promises where

they end up finding it was not what they thought when it is too late. Most of the people travelling

to Gulf countries for work often find that they were duped into slavery, where they are

threatened and passports confiscated. Anti-slavery international (ISK) based in UK claims that

forced labour is the major modern slavery. Most forced labourers are found in industries,

domestic workers, prostitution and sexual exploitation.

The labour relation act 66 of 1995 promoted the welfare of employees by advocating for

them to take part in the decision making process (South African Government). In this case, the

act did not put emphasis on modern slavery where people are forced to work against their will.

Therefore, this law has failed in ending modern slavery as it focuses more on employees with

official contracts from licensed organisations. In addition, the act does not focus on informal

workers which include domestic and farm workers who are the major victims of modern slavery.

The basic conditions of employment act 75 of 1997 states that south Africa as a member state of

International labour organisation has an obligation to regulate the working condition for their

citizens (South African Government). The act focuses even on the informal sector of

employment, however, the major reason it has not succeeded in reducing modern slavery

because no civic education that has been done to enlighten the potential victims on their rights

based on the act. Also, poverty at times leads people to disregard the law and thus the act is not

widely applied in the informal sector.

Factors Contributing to Modern Slavery


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One of the contributing factors to modern slavery is poverty. According to World Bank data,

approximately 30 million people in South Africa are living below the poverty line and a total of

13.8 million are experiencing food poverty. Poor education and poor societal structures are the

leading causes of poverty in most countries. Where there is poverty, modern slavery is likely to

thrive where the rich exploit the poor for their self-gain. Most countries especially in Africa have

a wider social class gap between the rich and the poor due to exploitation (Silverman 691). The

rich continue to get rich and the poor poorer. Education plays an essential role in eradicating

poverty and also promotes personal knowledge on human rights. People who have a great

understanding of human rights are less likely to be victims of modern slavery. Education also

improves the social status of a person as it increases their chances of getting a well-paying job in

their country or immigrating to those countries with better opportunities (Trautrims 7).

Therefore, poverty is a major cause of slavery in most countries and not only South Africa.

Source: (Mende and Drubel 325)

Migration has also contributed greatly to modern slavery. Some people migrate to other

countries where they are made slaves. In most cases, these victims are given fake promises only
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to realise that the terms they were given before moving are very different. For instance, some

victims of modern slavery are promised professional jobs only to end up working as domestic

workers or sexually exploited (Silverman 692). According to IOM, migrants are vulnerable to

human trafficking and forced labour especially in countries where they do not understand their

laws. Most migrants enter into slavery for the fear of being arrested since most of them who

migrate without an official job do so illegally.

Lack of enough knowledge in human rights can also make one a victim of modern

slavery. Bonded labour which is a type of modern slavery impacts mostly on the people who do

not have an understanding of their rights. A person with less knowledge on human rights

becomes a target of exploiters where they threaten them with severe consequences if they do not

adhere to their rules (Silverman 692). Sometimes victims of bonded labour often work for more

than what they were supposed to pay since they are blackmailed by the oppressor. Children are

also vulnerable to bonded labour as they can fall easily to threats hence choose to work as a form

of compensation for what they may have been purported to have destroyed by the oppressor.

Educating people on human rights would be of great importance in combating modern slavery

across the globe.

The history of the slave trade forms a major basis for modern slavery. Previously before

the slave trade, people did not know how to exploit others for their gain. However, colonisation

contributed to the start of the slave trade where most people started learning that they can exploit

others for their own gain (Ras and Gregoriou 100). South Africa began the trade with exchanging

of slaves between colonies until 1834 when Britain banned slave trade between colonies. Some

of the South African slaves used to work under forced labour by the colonialists and others were

sold by their masters. What changed to what is called modern slavery is that currently it is being
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done by the rich but due to the recognition of human rights, most tend to hide it through fake

promises to the victims and also it is not done openly like it used to be during the colonial period.

The idea of slavery therefore begun from the colonial period which has greatly contributed to the

modern slavery which is also against human rights.

Impact of Modern Slavery

The negative impacts of modern slavery cut across all parties involved. In the case of the

organisations that engage in slavery, they are like to ruin their reputations which may also hurt

their brand. People are likely to stop purchasing brands whose companies have been associated

with the slave trade which may lead to a decrease in sales hence such business may close with

time (Kotiswaran 63). Considering that rebranding takes a lot of resources, the consequences of

slavery to a company are very severe and thus organisations should be careful not to be

implicated in such inhuman vices.

Modern slavery impacts the health of the victims. One of the major activities that take

place within modern slavery includes sexual exploitations which may lead to the transmission of

diseases. Sex slaves do not have the right to how they should be treated and therefore most of

their oppressors may fail to use protection or infect them with STIs and HIV knowingly. With

modern slavery in form of sexual exploitation, the incidence rate of HIV is likely to raise and

thus increasing the economic burden of the country (Wood 6). For instance, South Africa is one

of the countries with higher HIV prevalence rates, if sexual exploitation continues to increase,

the number of people infected and that depend on the government for medical provisions is

likely to increase. Also, modern slavery impacts negatively on the mental health of the victim

(Wood 10). The trauma they experience due to the unethical acts they endure would impact on

their psychology where some end up with bipolar disorders among others (David 56). In
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addition, those working in industries may not be given the right protective gear which can lead to

their exposure to harmful substances which lead to health complications. For example, prolonged

asbestos exposure can lead to cancer, therefore, slaves tasked to work in factories dealing with

the chemical have a higher risk of getting cancer.

Modern slavery leads to increased poverty among the victims. For instance, children

taken as slaves are more likely not to go to school. Education's open doors to better jobs for most

the people as the labour market for skilled labourers is growing (Kotiswaran 50). It's only

through education that one may be able to gain enough skills to guarantee them a better standard

of living in the future. Modern slavery is, therefore, contributes to the unemployed as the number

of people without skills continue to increase since they did not get the opportunity to go to

school when young (Blitz and Simic 27). Therefore, modern slavery involving children is likely

to impact the economy of the country in future where it's likely that there will be limited skilled

labour if the vice continues. Measures should be put in place to combat any form of modern

slavery that threatens the future of the country and the world in general.

Policy Recommendations

Migrant workers are a major target for modern slavery. In combating this vice, the government

and other relevant organisations such as the UN and international labour organisations should set

strict rules on labour exportations. Many migrant workers have been duped by slavery agents

only to end up doing forced labour and sexual exploitation in foreign countries (Broad and

Turnbull 119). The government should set up a committee that will ensure they properly check

every contract of migrant workers to ensure that they do not end up in slavery. The committee

should ensure that they contact each organisation that is offering a job opportunity to each

subject. Also, most companies are known for exploiting their employees by allowing them to
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work in unhealthy conditions (David 54). A background check should be done for every

company that is offering employment to migrant workers to ensure that it is free from cases of

modern slavery. Companies that have a history of employee’s exploitation should be barred from

hiring migrant workers from the country. In addition, the hiring organisations should be educated

on how to do due diligence for the companies they offer their service to ensure they do not

export people to slavery. Also, the committee should consider the wage offered by the host

company which should follow the minimum wage policies of the country. Migrant workers

whose contract states poor pay should have their visas cancelled to protect them from modern

slavery which can be in form of exploitation. In the job contracts for migrants, there should be a

demonstration of respect for a person's autonomy. The job being offered should not endanger the

life or the health of the employee as this would also amount to modern slavery.

Improvement in international collaboration against modern slavery would greatly help in

combating the vice in the world. Collaboration across different countries will ensure the

provision of better working conditions for migrant workers and also protection of the locals from

exploitation (Broad and Turnbull 120). Leaders from different countries need to come up with a

strategy to combat modern slavery since it is a problem that affects most of them. For instance,

human trafficking has been one of the major concerns in the international community. Since

most of the countries have an understanding of modern slavery coming up with rules and

regulations would help migrant workers from becoming slaves in foreign countries. The leaders

should come up with an agreement on protecting migrant workers from modern slavery by

drafting rules that govern their wages and also working conditions.

Child labour is also a common form of modern slavery. It is the responsibility of the

government to ensure the rights of children are protected and those who go against them face the
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law of the land. Children below the consent age should be in school. Most countries have the

policy of ensuring that children get a formal education, however, those in interior parts are likely

to be victims of exploitation especially if they come from poor families (Kotiswaran 76). A

frequent survey to ensure that children are in school and not being exploited should be done. The

government can appoint a task force that would ensure that all children's rights are respected

including ensuring that they receive education and also that they are not exploited by people

close to them. Relatives sometimes become the masters of slavery for their children where they

require them to go and work somewhere or beg to bring them the earnings (Blitz and Simic 12).

This form of exploitation should not be allowed and children born to such parents need to be

rescued and taken to school. In addition, companies that have a history of exploiting children

should have their licenses revoked and closed from operating. Taking strict actions against the

perpetrators of modern slavery would ensure that everyone is protected.

Conclusion

Modern slavery does not have a great difference from that of the colonial period since they all go

against human rights. There have been different forms of modern slavery that impact both adults

and children. Human trafficking has been also a major part of modern slavery especially for

sexual exploitation and organ harvesting. South Africa has had a large number of victims of

modern slavery which is approximated at 155, 000. Other countries around the world also

complain of enslaving their migrant workers who get exploited in foreign countries. For instance,

there have been cases of migrant domestic workers’ mistreatment and even killing in the Gulf

countries. International organisations such as ILO and UN have tried to intervene but still, there

are a large number of complaints in cases of exploitation. Developing policies that include

international collaboration would play an essential role in ending modern slavery. Also, having a
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committee that looks into the welfare of migrant workers before they leave the country would

also help in reducing the chances of exploitation in foreign countries.


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Works Cited

Blitz, B., and A. Simic. "The Modern Slavery Regime: A Critical Evaluation." Journal of the

British Academy, vol. 7, Supp. 1, 2019, pp. 1-34.

Broad, Rose, and Nick Turnbull. "From Human Trafficking to Modern Slavery: The

Development of Anti-Trafficking Policy in the UK." European Journal on Criminal

Policy and Research, vol. 25, no. 2, 2019, pp. 119-133.

David, Fiona. "Modern Slavery—From Statistics to Prevention." Chance, vol. 30, no. 3, 2017,

pp. 54-60.

Davidson Julia O'Connell. Modern slavery: The margins of freedom. Springer, 2015.

International Labour organisation. 155 000 victims of modern slavery in SA, 2020. Retrieved

from: https://www.iol.co.za/news/south-africa/western-cape/155-000-victims-of-modern-

slavery-in-sa-a4cfc7bb-e44d-431c-91a9-316cbf44b15d

Kotiswaran, Prabha, ed. Revisiting the law and governance of trafficking, forced labor and

modern slavery. Cambridge University Press, 2017.

Ras, Ilse A., and Christiana Gregoriou. "The Quest to End Modern Slavery: Metaphors in

Corporate Modern Slavery Statements." Anti-Trafficking Review, vol. 13, 2019, pp. 100-

118.

Silverman, Bernard W. "Multiple‐Systems Analysis for The Quantification of Modern Slavery:

Classical and Bayesian Approaches." Journal of the Royal Statistical Society: Series A

(Statistics in Society), vol. 183, no. 3, 2020, pp. 691-736.

South African Government, Labour Relations Act 66 of 1995. Retrieved from:

https://www.gov.za/documents/labour-relations-act
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South African Government. Basic Conditions of employment Act 75 of 1997. Retrieved from:

https://static.pmg.org.za/161109Basic.pdf

Trautrims, Alexander. "Modern Slavery Responses Need International Business Scholarship."

AIB Insights, vol. 20, no. 2, 2020.

Vellem, Vuyani S. "Modern Slavery in The Post-1994 South Africa? A Critical Ethical Analysis

of the National Development Plan Promises for Unemployment in South Africa." Koers:

Bulletin for Christian Scholarship= Koers: Bulletin vir Christelike Wetenskap, vol. 79,

no. 2, 2014, pp. 1-8.

Wood, Laura CN. "Child Modern Slavery, Trafficking and Health: A Practical Review of

Factors Contributing to Children’s Vulnerability and The Potential Impacts of Severe

Exploitation On Health." BMJ Paediatrics Open, vol. 4, no. 1, 2020.

Mende, Janne, and Julia Drubel. "At the Junction: Two Models of Business Responsibility for

Modern Slavery." Human Rights Review 21 (2020): 313-335.

World Bank.Poverty and Equity Brief, Sub-Saharan Africa, South Africa. 2020.

https://databank.worldbank.org/data/download/poverty/33EF03BB-9722-4AE2-ABC7-

AA2972D68AFE/Global_POVEQ_ZAF.pdf

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