Human trafficking and forced labour. A criticism of the International Labour Organisation
| Published date | 08 May 2009 |
| DOI | https://doi.org/10.1108/13590790910951830 |
| Pages | 160-165 |
| Date | 08 May 2009 |
| Author | Kadriye Bakirci |
| Subject Matter | Accounting & finance |
Human trafficking and
forced labour
A criticism of the International
Labour Organisation
Kadriye Bakirci
Law Division, Management Faculty, Istanbul Technical University,
Istanbul, Turkey
Abstract
Purpose – During the last ten years, the International Labour Organisation (ILO), and some other
international organizations, have increasingly addressed human trafficking from a “forced labour”
perspective. The purpose of this paper is to clarify the terminology in relation to human trafficking
and forced labour, to highlight the links between them, and to provide a critique of the ILO approach.
It also aims to make the case for the implementation of a specific international instrument to address
the link between trafficking and forced labour.
Design/methodology/approach – This paper compares the definitions of human trafficking and
forced labour, the link between them in the United Nations, European and ILO instruments.
Findings – Although human trafficking is a criminal activity, the ILO identifies it as a form of forced
labour. The paper concludes that, no matter what role the trafficking victims have in participating in
the criminal activities, they should be viewed as victims and witnesses. They should not be viewed as
“workers” or “labourers”. Any minor under the age of 18 years, in accordance with the European and
international instruments, has no legal capacity to give consent to being exploited.
Originality/value – This paper argues that the international and European instruments do not
specifically address the link between trafficking and forced labour. There is a need for a specific
international instrument prescribing the link between trafficking and forced labour. In the absence of
such an international instrument, there is a piece meal approach by international bodies and countries
toward the regulation of trafficking and forced labour.
Keywords Labour, Humanrights, Crimes, Laws and legislation
Paper type Viewpoint
1. Introduction
Human smuggling and trafficking have become a world-wide industry that
“employs” millions of people and has an annual turnover of billions of dollars
(Va
¨yrynen, 2003).
Modern trafficking and modern forms of bondage are linked through indebtedness,
which makes trafficking a form of forced labour. Forced labour as such has not really
caught the world’s attention. It takes different forms and their common features might
seem abstract at first glance. However, forced or compulsory labour makes headline s
almost daily in stories of trafficking in persons, imprisonment in sweatshops and the
slavery-like conditions on some plantations and even in private homes (Anti-Slavery
International – ASI, 2003).
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/1359-0790.htm
JFC
16,2
160
Journal of Financial Crime
Vol. 16 No. 2, 2009
pp. 160-165
qEmerald Group Publishing Limited
1359-0790
DOI 10.1108/13590790910951830
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