Abolition of Slavery, Human Trafficking and Forced Labour Pespectives of International Law and Islamic Law – the Libya of the Post-Gaddafi Regime as a Case Study

Abstract

Slavery, human trafficking and forced labour are anti-human and unacceptable practices that cut across cultures, nationalities, and dogmas, while taking on different dimensions. International law, Islamic law and various national laws have declared these practices illegal within their respective legal frameworks. However, owing to factors associated particularly with internationalism, including weak enforcement mechanisms, these practices have continued unabated around the world. The practices have taken on a new dimension in Libya because of the political turmoil in that country. This has opened doors for the transnational mafia to engage in the practices and has effectively made African youths easy prey. As a Muslim majority country, Libya is a member of the United Nations Organisation and Pan-African, Islamic and Arab organisations. It is therefore bound by the relevant laws of these international organisations aimed at eliminating the menace of slavery, human trafficking and forced labour that had become established practices in the country. If Libya has remained politically unsettled, it is necessary to ask the question: Can these international and Islamic norms be enforced? This article attempts to explore the historical background of slavery in Africa and its abolition through the instruments of both modern international law and Islamic law. It is also an attempt to contextualise Libya within the theoretical frameworks of those principles and their application in a country that is faced with challenges associated with the breakdown of law and order.