Abolition Of Forced Labour Research Articles

Forced Labour, Global Supply Chain and TNCs: Recent Trends and Practices

The abolition of forced labour is a fundamental element of contemporary international human rights law, but the idea has undergone a protracted and complex history, and the scope of the various international mechanisms that handle different aspects of it is not always precisely defined. Slavery, forced labour, and related practices are strictly prohibited under international law. Forced labour is a longstanding and complex obstacle in global supply chains, frequently associated with the desire for inexpensive products and the outsourcing of manufacturing processes to nations with lax labour regulations. The growing power of transnational corporations (TNCs) poses significant challenges to workers at the bottom of supply chains. However, disagreements have made it unclear how to deal with new forms of forced labour, or modern forms of slavery. This confusion highlights the need for a comprehensive approach to combating these issues. Efforts to stop or restrict forced labour will be made easier with a clear legal definition at both the national and international levels, particularly with an emphasis on the human rights perspective.

Abolition Of Forced Labour: Case Of Uzbekistan

The article analyzes the legal problems in the implementation of international labour standards on the abolition of forced labour in the national legislation of the Republic of Uzbekistan. Fundamental documents of the International Labour Organization on the abolition of forced labour – the legal nature of the Forced Labour Convention No.29, 1930 and the the Abolition of Forced Labour Convention No.105, 1957, the content of national legislation on this issue. The practice of assimilation of the provisions of international agreements on labor issues, which are legally binding for Uzbekistan, into national legislation, the compliance of some issues regulated by the legislation of the Republic of Uzbekistan on labor relations with the norms of international documents has been studied. As a result of the study, conclusions were made on improving the legislation on labor, criminal and administrative liability, as well as amendments to Article 7 of the Labor Code, Article 1482 of the Criminal Code and Article 51 of the Code of Administrative Liability, the Law of the Republic of Uzbekistan "On Employment" and were some suggestions on the appropriateness of making additions. Recommendations were made to amend the national legislation to abolition of forced and compulsory labour in order to bring it in line with international standards. The formation of institutional mechanisms for countering forced labour in Uzbekistan was studied in three periods, the specifics of each period, the functions of the established mechanisms, and the effectiveness of their activities were analyzed. In particular, the tasks of the National Commission for combating human trafficking and forced labour, created by the Decree of the President of the Republic of Uzbekistan No. PD-5775 dated July 30, 2019, and the Institute of the National Rapporteur are set out.

ABOLITION OF FORCED LABOUR: CASE OF UZBEKISTAN

The article analyzes the legal problems in the implementation of international labour standards on the abolition of forced labour in the national legislation of the Republic of Uzbekistan. Fundamental documents of the International Labour Organization on the abolition of forced labour – the legal nature of the Forced Labour Convention No.29, 1930 and the the Abolition of Forced Labour Convention No.105, 1957, the content of national legislation on this issue. The practice of assimilation of the provisions of international agreements on labor issues, which are legally binding for Uzbekistan, into national legislation, the compliance of some issues regulated by the legislation of the Republic of Uzbekistan on labor relations with the norms of international documents has been studied. As a result of the study, conclusions were made on improving the legislation on labor, criminal and administrative liability, as well as amendments to Article 7 of the Labor Code, Article 1482 of the Criminal Code and Article 51 of the Code of Administrative Liability, the Law of the Republic of Uzbekistan "On Employment" and were some suggestions on the appropriateness of making additions. Recommendations were made to amend the national legislation to abolition of forced and compulsory labour in order to bring it in line with international standards. The formation of institutional mechanisms for countering forced labour in Uzbekistan was studied in three periods, the specifics of each period, the functions of the established mechanisms, and the effectiveness of their activities were analyzed. In particular, the tasks of the National Commission for combating human trafficking and forced labour, created by the Decree of the President of the Republic of Uzbekistan No. PD-5775 dated July 30, 2019, and the Institute of the National Rapporteur are set out.

The Future of Work is a ‘Work in Progress’

This article is a phenomenological interpretation of the myriad processes that influence the transient nature of ‘work’ and measures to retrieve the dignity it deserves. Vasu is an emerging organisational futurist whose passion is to develop management educational approaches that ensure a positive outlook of the uncertain future ahead. The differences between Eastern and Western history, especially Indian history is ingrained with a unique resilience to catastrophic events, invasions and embedded diversity. Leaning more in defence of human dignity at work according to Pablo Gilbert, Victor Frankl, World Happiness Report 2012 and the contemporary theory of autopoiesis, he conjectures a ‘FUTOPIA’ rising in the horizon, where humanistic valuing of work becomes culture. The corporate world is realizing the shifting paradigms—from end goals of profit-centric strategies and exploitation of human futures to partnerships with associates and ‘working resources’ that optimize creative contribution from work environments. At a meta level, the nation-building agenda of development is talking the language of equal opportunity for and treatment of women at work, with equitable wage parity and abolition of forced labour in the United States. Recent bills in the Indian Parliament on education and farmers’ rights and tailoring of the archaic labour laws will strengthen the negotiation for equitable fund allocation. The spirit of enterprise will boost small and medium sectors, especially farming and food product preservation, innovation and research and development (R&D), and rapid skill development will for sure retrieve the dignity tag for academics, farm labourers and those in the service sector, such as paramedics, the police, etc. According to thought leaders, corporate founders and contemporary authors, the future of work can be seen as a promising work in progress towards a new work ethic. This article risks suggesting radical steps needed in challenging traditional leadership styles and human resource (HR) practices of a growth economy that draws on patriarchal alpha-male prominence. What will replace traditional leadership styles is compassionate servant leadership, with leaders who will become designers of future ‘work’ environments.

L’OIT, les normes et l’histoire

Cette contribution retrace l’histoire de l’Organisation internationale du Travail (OIT), aujourd’hui une agence spécialisée de l’ONU, à travers son activité principale : l’élaboration, l’adoption et l’application des normes internationales du travail. L’OIT est une organisation tripartite où les normes internationales du travail sont négociées entre les représentants des gouvernements, des travailleurs et des employeurs. L’article analyse les débuts d’une législation internationale du travail au XIX e siècle, le contexte spécifique de la création de l’OIT comme institution tripartite en 1919 et l’impact qu’ont eu sur son action normative le paradigme des droits de l’homme, la guerre froide, la décolonisation et, finalement, la mondialisation sous les auspices du néo-libéralisme. Les conséquences sociales, économiques et politiques de cette dernière ont contribué à déclencher une crise profonde de l’action normative qui se traduit notamment par une difficulté croissante des constituants de l’OIT à négocier des compromis.

Status of International Labour Standards in Brick Kiln Industry of Pakistan

This research article attempts to investigate "State of Implementation of International Labour Organization (ILO) Labour Standards in Brick Kiln Industry of Pakistan". Based on qualitative methods, this research/investigation has tried to understand different processes and mechanisms through which the government of Pakistan is fulfilling its international obligation i.e., provision of Core Labour Rights to the workers of brick kiln industry in the country. From all its Conventions, ILO has picked 8 Conventions and grouped them under four most basic human rights as which include Conventions 87 and 98 as "The right to organize and engage in collective bargaining", Conventions 100 and 111 as "The right to equality at work", Conventions 138 and 182 as "The abolition of child labour" and Conventions 29 and 105 as "The abolition of forced labour". To investigate the state of implementation of ILO Labour Standards, six districts were chosen from four provinces of Pakistan. Through focused group discussions and in-depth interviews, data was collected from brick kin workers, brick owners, labour activists, trade unionists, labour lawyers and officials of the labour departments.

Precarious Employment Trend: Features of its Development in Labor Legislation and the Problems of Other Norms of Industry Affiliation Influence on the World of Work, Taking into Account International Labor Standards

The paper notes that the conceptualization of the basic concepts related to precarious employment and the adoption of norms and legal acts adequate to these relations in the system of labor legislation of the states of the Eurasian Economic Union (EAEU) are at the preparatory stages. In the paper, the features of the manifestation of precarious employment in the labor legislation of the EAEU countries are analyzed by the example of norms on a fixed-term labor contract taking into account international labor standards. The labor legislation of the EAEU countries shows a tendency to expand the scope of fixed-term employment contracts, including towards lowering the level of legal guarantees for workers (Article 41 of the Labor Code of Belarus, Article 30 of the Labor Code of Kazakhstan, Article 82 of the Labor Code of Kyrgyzstan, Article 348.12 of the Labor Code of Russia), which contradicts the rules of ILO Recommendation No. 166 on the termination of labor relations on the initiative of the employer (Article 3) and the fundamental Convention No. 105 on the abolition of forced labor (Article 1), ratified by all states of the Eurasian Economic Union. In the paper, in the context of the development of precarious employment, the problems of the influence of norms of a different sectoral affiliation on the world of work are analyzed (by the example of Kyrgyzstan). It is noted, in particular, that the practice of applying the patent system to regulate the world of work does not contribute to resolving the issues of legalization of labor relations, and the tax authorities are not motivated to prove the existence of labor rather than civil law relations, even when they meet the criteria set forth in the ILO Recommendation No. 198 on labor relations and in Art. 13 of the Labor Code of Kyrgyzstan. The conclusion is formulated in relation to the restrictions of the labor inspectorates established by the Law of the Kyrgyz Republic dated May 25, 2007 No. 72 and by the Decree of the Government of the Kyrgyz Republic dated December 17, 2018 No. 586 as contrary to the ILO priority Convention No. 81 on labor inspection in industry and trade (Part 1 of Article 12) ratified by Kyrgyzstan. Serious inconsistencies of measures to deregulate administrative responsibility to the tasks of the labor legislation of Kyrgyzstan to counteract precarious employment are identified.

Mexico’s Ratification of ILO Convention Number 98 and the Future of Protection Contracts

This note reviews and analyzes the impacts of Mexico’s September 2018 ratification of International Labour Organization (ILO) Convention 98 on the right to organize and collective bargaining. Specifically, it focuses on what Mexico’s ratification of the instrument means for the future of the pro-tection contract system in terms of international law. Mexico’s ratification of Convention 98 closes the doctrinal gap on protection contracts which was left by Convention 87, on freedom of association. Although Convention 98 does not cover the armed forces, the police, and public servants employed in state administration, according to international law, its ratification should invalidate much of the Mexican protection contract regime. Convention 98 is not self-enforcing, but ratification of the instrument subjects Mexico to the full scrutiny of the ILO’s supervisory system regarding compliance with norms. Moreover, Mexico’s domestic jurisprudence governing compliance with ratified international human rights treaties bodes well for effective judicial enforcement of the convention. With the ratification of Conventions 87 and 98, international law mandates the implementation of an authentically democratic labor relations system in Mexico. With the additional ratifications of Convention 29 on forced labor, Convention 100 on equal remuneration, Convention 105 on the abolition of forced labor, Convention 111 on discrimination in employment and occupation, Convention 138 on the minimum age for work, and Convention 182 on the worst forms of child labor, Mexico is bound by international law to comply with all globally recognized core labor standards.

From Unfree Work to Working for Free: Labor, Aid, and Gender in the Nigerien Sahel, 1930–2000

AbstractThis article focuses on the consequences of twentieth-century developmentalism for labor practices in the Nigerien Sahel under French rule and in the postindependence period. It examines labor regime transformations at the desert's edge; the ways in which state-led developmentalism influenced labor relations; and gender disparities in the history of emancipation from slavery. Following the abolition of forced labor in 1946, the rhetoric of human investment was used to promote the “voluntary” participation of workers in colonial development initiatives. This continued under Niger's independent governments. Seyni Kountché’s dictatorship relabeled Niger “Development Society” and mobilized Nigeriens’ “voluntary” work in development projects. Concurrently, drought in the Sahel attracted unprecedented levels of international funding. In the Ader region this led to the establishment of a major antidesertification project that paid local labor on a food-for-work basis. Since most men migrated seasonally to West African cities, the majority of workers in the project's worksites were women who welcomed “project work” to avoid destitution. In the name of development, it continued to be possible to mobilize workers without remuneration beyond the cost of a meal.

Labor coercion and the accumulation of human capital

This paper examines the effect of labor coercion on human capital accumulation. We use micro data from Puerto Rico, where unskilled laborers were forced to work for landowners during 1849–1874. Using variation in municipality-level suitability for coffee cultivation and international coffee prices, we estimate the response of schooling to exogenous increases in relative demand for unskilled labor in regimes with and without forced labor. During the coercive regime, increased coffee prices had no effect on individuals' literacy rates in coffee growing regions. Following the abolition of forced labor in 1874, similar changes in coffee prices reduced literacy rates by 12%, consistent with a diminished skill premium in the free labor market regime relative to the coercive period.

The Forced Labor Issue between Human and Social Rights, 1947-1957

This article considers the question of forced labor in the framework of human and social rights, as unfolding in the early Cold War period. A precise analysis of the discussion surrounding the convention on the abolition of forced labor within the International Labour Organization (ILO) between 1947 and 1957 forms a basis for my observations. The conflict between the two blocs, like the decolonization process, demarcated a favorable period for defining the juncture between human and social rights. The alliance between officials from southern and communist countries could have a catalyzing effect. Having had the intent of denouncing the Soviet labor camps at its inception, the convention in its final form reintroduced social rights as a condition of freedom of labor.

Forced Labor of Public Employees in the United States

In this essay, the writer discusses an unusual development at the International Labor Organization: The ILO supervisory committees have found the U.S. government to be in noncompliance with conventions it has ratified, including Convention 105 on the abolition of forced labor. In light of the government's defiant position, the ILO committees will have difficulty assessing the scope of the problem that may exist under U.S. law and practice, unless they receive direct help from U.S. workers and their unions or associations.