Saturday 2 February 2013

forced labour



1: Definition
Form Macmillan dictionary: “Hard physical work that someone is forced to do”
From Google:
1: “Work which one is compelled to perform against one's will, especially in a condition of

involuntary servitude as a prisoner or slave”
2: “The use of labor that is compelled to work, subject to physical punishment if it does not”
From Dictionary by FARLEX:
“Un-free labour is a generic or collective term for those work relations, especially in modern or early modern history, in which people are employed against their will by the threat of destitution, detention, violence (including death), or other extreme hardship to themselves, or to members of their families. Many of these forms of work may be covered by the term forced labour, although the latter term tends to imply forms based on violence.”
{Un-free labour includes all forms of slavery, and related institutions}
From Longman dictionary:
“When prisoners or slaves are forced to do very hard physical work”
2: Payment for un-free labour:
If payment occurs, it may be in one or more of the following forms:
a)      The payment does not exceed subsistence or barely exceeds it;
b)      The payment is in goods which are not desirable or cannot be exchanged or are difficult to exchange; or
c)      The payment wholly or mostly consists of cancellation of a debt or liability that was itself coerced, or belongs to someone else.
Forced labour is often more easily instituted and enforced on migrant workers, who have travelled far from their homelands and who are easily identified because of their physical, ethnic, or cultural differences from the general population, since they are unable or unlikely to report their conditions to the authorities.
According to the labour theory of value, under capitalism, workers never keep all of the wealth they create, as some of it goes to the profit of capitalists.
3: Examples of un-free or forced labour
Slavery:
The best-known form of un-free or forced labour is chattel slavery,
In which individual workers are legally owned throughout their lives, and may be bought, sold or otherwise exchanged by owners, while never or rarely receiving any personal benefit from their labour.
The term slavery is often applied to situations, which are closely-related forms of un-free labour, such as debt slavery or debt-bondage etc.
In late 16th century Japan, "un-free labour" or slavery was officially banned.
Bonded labour:
A more common form in modern society is bonded labour,
Under which workers sign contracts to work for a specific period of time, for which they are paid only with accommodation and sustenance, or these essentials in addition to limited benefits such as cancellation of a debt, or transportation to a desired country etc.
Penal labour:
Convict or prison labour is another classic form of un-free labour.
The forced labour of convicts has often been regarded with lack of sympathy, because of the social stigma attached to people regarded as "common criminals".
Trafficking:
Trafficking is a term to define the recruiting, obtaining and transportation of a person by use of force, fraud, or coercion for the purpose of subjecting them to involuntary acts, such as acts related to commercial sexual exploitation (including forced prostitution) or involuntary labour etc.
Child labour:
The term "child labour" is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.
It refers to work that:
a)      is mentally, physically, socially or morally dangerous and harmful to children; and
b)      interferes with their schooling by:
c)      depriving them of the opportunity to attend school;
d)     obliging them to leave school prematurely; or
e)      requiring them to attempt to combine school attendance with excessively long and heavy work
4: The present situation, because of forced labour
The International Labour Organization estimates that:
a)      At least 12.3 million people are victims of forced labour
b)      More than 2.4 million have been trafficked
c)      9.8 million are exploited by private agents
d)     2.5 million are forced to work by the state or by rebel military groups
5: Worst Forms of Child Labour Data in Pakistan
Total Child Labour
For the year 2000, the ILO projects that there will be 2,993,000 economically active children, 1,158,000 girls and 1,835,000 boys between the ages of 10-14, representing 15.39% of this age group.
2,065,000 children between 10-14 years and 4,319,000 between 15-19 years are economically active.
There are estimated to be 15 million child labourers in Pakistan.
The number of child workers under 15 years, are estimated to be not less than 8 million.
Child Slavery
Of 20 million bonded labourers, 7.5 million are children.
The ILO report on Pakistan indicates approximately 50,000 children working as bonded labourers in the carpet sector.
Child Trafficking
Over the last decade, 200,000 Bangladeshi girls were lured under false circumstances and sold into the sex industry in nations including Pakistan, India and the Middle East.
Lawyers for Human Rights and Legal Aid (LHRLA) of Pakistan have reported that more than 19,000 boys from the region, ranging in age from two to 11 years old, have been trafficked as camel jockeys to the Middle East- a trade that can cost them their lives.
Children in Crime
There are a total of 4,000 children in jails.
6: Forced labour in Africa
The ILO estimate of the number of victims of forced labour in sub-Saharan Africa is 660,000. In this region, the figure reflects the stubborn survival of traditional forms of servitude, but also relates to extreme poverty, a high incidence of child labour, and a context of severe political violence. Where armed conflicts and ethnic tensions have flared, nations have been confronted with the forced recruitment of child soldiers, abductions, and enslavement of whole segments of their population.
7: For the prohibition of forced labour many acts, conventions, laws are passed, like as follows:
(1) Article 11of constitution for Slavery, forced labour, etc., prohibited
Article 11:
Slavery, forced labour, etc., prohibited.
(1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.
(2) All forms of forced labour and traffic in human beings are prohibited.
(3) No child below the age of Fourteen years shall be engaged in any factory or mine or any other hazardous employment.
(4) Nothing in this Article shall be deemed to affect compulsory service.
(a) By any person undergoing punishment for an offence against any law, or
(b) Required by any law for public purpose.
Provided that no compulsory service shall be of a cruel nature, or incompatible with human dignity
(2) Forced Labour Convention 1930
The Convention concerning Forced or Compulsory Labour was adopted in Geneva on 28 June 1930 and came into force on 1st May 1932.
It is administered by the International Organization of Labour. {ILO}

ILO Convention 29
Forced Labour Convention, 1930
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fourteenth Session on 10 June 1930, and
Having decided upon the adoption of certain proposals with regard to forced or compulsory labour, which is included in the first item on the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
Adopts this twenty-eighth day of June of the year one thousand nine hundred and thirty the following Convention, which may be cited as the Forced Labour Convention, 1930, for ratification by the Members of the International Labour Organization in accordance with the provisions of the Constitution of the International Labour Organization;
Some of articles are as follows:
Article 1:
1. (1) Each Member of the International Labour Organization which ratifies this Convention undertakes to suppress the use of forced or compulsory labour in all its forms within the shortest possible period.
1. (2) With a view to this complete suppression, recourse to forced or compulsory labour may be had, during the transitional period, for public purposes only and as an exceptional measure, subject to the conditions and guarantees hereinafter provided.
Article 2:
1. For the purposes of this Convention the term forced or compulsory labour shall mean 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.
Article 3:
3. For the purposes of this Convention the term competent authority shall mean either an authority of the metropolitan country or the highest central authority in the territory concerned.
Article 32:
(3) Nevertheless, this Convention shall remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising convention.
(3) The Human Rights Act 1998:
The Human Rights Act protects your human right not to be held in slavery or servitude.
The prohibition on holding a person in slavery or servitude is absolute and can never be justified.
The prohibition on requiring a person to perform forced or compulsory labour does not include lawful work required of prisoners or military service; work required during an emergency or other work or service that forms part of normal civil obligations (for example, jury service).
“A person is subjected to forced labour when the person does not voluntarily consent to perform work but does so because of threats made, either physical or psychological”.
For example in Article 4:
Prohibition on Slavery and Forced Labour,
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
THERE ARE MANY MORE ACTS OR CONVICTIONS ARE PRESENT FOR THE PROHIBITION OF FORCED LABOUR.
AND IN MY POINT OF VIEW,
IT SHOULD BE PROHIBTIED, BECAUSE IT IS TOTALLY AGAINST THE HUMAN RIGHTS.
Thanks

No comments:

Post a Comment