Forms Of Forced Labor 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.

Принудительные работы для иностранных граждан и лиц без гражданства как мера обеспечения производства по делам об административных правонарушениях

The article examines the issues of the enforceability of the procedure for the forced administrative expulsion of foreign citizens from the Russian Federation, analyzes new norms of administrative and tort legislation on the placement of migrants in special institutions. The author proposes the introduction of a new measure to ensure the production of cases of administrative offenses committed by migrants in the form of forced labor.

Роль уголовной политики в деятельности уголовно-исполнительной системы

This article attempts a scientific and theoretical understanding of the modern criminal policy of the Russian Federation and its impact on the penal enforcement system, namely on the state of the regime (law and order) in institutions and bodies executing criminal penalties in the form of imprisonment. The analysis of the work on the prevention of penitentiary crimes forces penitentiary scientists to look for effective, scientifically based ways to counteract them. The humanization of criminal policy expressed in the application of criminal penalties not related to deprivation of liberty, for example, the imposition of punishment in the form of forced labor, has significantly reduced the quantitative index of persons held in correctional institutions, but, unfortunately, this has led to the concentration of particularly dangerous criminals in these institutions, which negatively affected the state of law and order in these institutions and This has led to an unprecedented increase in offenses in modern penitentiary history, committed by convicted persons serving a criminal sentence in the form of imprisonment. Thus, a comprehensive study of the relationship between criminal policy and penal enforcement policy will allow us to develop a number of effective measures aimed at achieving the goals pursued by criminal and penal enforcement law and significantly reduce the level of penitentiary crime.

General Considerations Regarding the Crime of Human Trafficking

Human trafficking is a real social phenomenon with destructive repercussions on the entire society, materialized by serious violations of human rights and freedoms, as well as the dignity or integrity of human beings. This phenomenon has existed since the most remote times, being manifested especially in the form of forced labor, that is, slavery, a form that can still be found even today. Although we live in such a developed society, the facts involving the trafficking of persons, minors, slaves, cells and tissues of human origin are more and more numerous. If we take a simple look at the statistics made by the competent bodies regarding the number of trafficked persons, victims of such a barbaric act, we will find that it is on a continuous rise. In this sense, with the passage of time, the states of the world have been concerned with finding the most suitable, but also effective measures so necessary to prevent and combat the trafficking of live meat, being outlined a series of national and international acts.

The Transition to Free Labour in Puerto Rico: Class, Race and Politics in a Nineteenth-Century Colony

AbstractThis article analyses the abolition of slavery and the transition to free labour in late nineteenth-century Puerto Rico, seeking to understand the terms and timing of Puerto Rican abolition and the nature of society in its wake. Especially important in Puerto Rico, it argues, was the intertwined nature of slavery and other forms of forced labour as well as the predominance of foreign merchants and planters in the island's economy, which created multi-class alliances between working-class Puerto Ricans and creole elites. These class dynamics interacted with events in the metropole to influence the terms of labour on the island.

Уголовно-правовая характеристика и актуальные проблемы принудительных работ как вида наказания

The article analyzes the statistical data of the Supreme Court of the Russian Federation and the Federal Penitentiary Service of the Russian Federation on the application and execution of criminal punishment in the form of forced labor. The proposed study is devoted to the establishment of individual problems of the execution of forced labor and the determination of their place in the system of criminal penalties, an assessment of this type of punishment is given through the analysis of legal signs, their essence and mechanism of application. Purpose. The article aims to study the genesis of this type of criminal punishment, as well as to identify theoretical and practical problems of the appointment and execution of forced labor. Methodology. The goal was achieved using both general and private scientific research methods: formal legal, comparative legal, descriptive, functional and the method of scientific analysis. Results. The analysis of statistical data, theoretical and practical problems of criminal law norms regulating the appointment and execution of forced labor, allowed us to focus on the shortcomings of the criminal legal framework of this punishment. Conclusion. The conducted research allowed the author to draw a number of conclusions and identify possible ways to solve the problems of the use and execution of forced labor.

Victimological characteristics of victims of human trafficking

The article develops the victimological characteristic of victims of human trafficking on the basis of the analysis of materials of 300 criminal proceedings considered by courts of Ukraine for the period from 2010 to 2019. The author summarizes the data concerning 1167 victims of this encroachment.The analysis showed that 1147 (98,3%) victims of this crime were victims of human trafficking for the purpose of exploitation. Of these, 918 (80%) were victims of trafficking for sexual exploitation, 124 (10,8%) – for exploitation in the form of forced labor, 49 (4,3%) were forcibly involved in begging, 46 (4%) were victims of trafficking for the purpose of exploitation in the porn business, 10 (0,9%) – for the purpose of organ removal. Another 20 (1,7%) were victims of child trafficking committed by their parents for the purpose of their further adoption by other persons.The paper clarifies socio-demographic and other characteristics of victims of human trafficking. In particular, it is found that among 1167 victims of the analyzed encroachment, 1019 (87,3%) were women and 148 (12,7%) were men. The age of victims of human trafficking was distributed as follows: up to 14 years – 2,6%, from 14 to 18 years – 6,1%, from 18 to 30 years – 75,9%, from 30 to 40 years – 13,2%, from 40 to 50 years – 1,5%, from 50 to 60 years – 0,6%, over 60 years – 0,1%.The article establishes that what the vast majority of victims of trafficking have in common is the vulnerable state in which they find themselves. Only a few victims of human trafficking were employed at the time of the crime, but complained to their recruiters that their income level did not allow them to provide even the most basic needs, that they were in debt, had to support minor children, sick parents and so on. The vast majority of studied persons did not have any paid work or had only occasional earnings. Some of the victims of trafficking for sexual exploitation are former prostitutes.The article analyzes peculiarities of victim behavior of victims of human trafficking at different stages of this crime. Among other things, it states that victims of trafficking do not usually look at their job offers through the prism of critical thinking. At the same time, they often demonstrate not just a lack of vigilance, but unjustified (“blind”) trust in a stranger who promises an easy solution to material problems.

Actual problems of applying of the norms of parole and replacing the unserved part of the punishment with a softer form in the context of the explanations of Resolution of the Plenum of the Supreme Court of the Russian Federation on October 28, 2021

The article adresses the problems of applying the institutions of parole and replacing the unserved part of the punishment with a softer form for convicts, for whom the court had previously replaced imprisonment with a milder form of punishment in the form of forced labor in accordance with Art. 80 of the Russian Criminal Code, in the context of the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation on October 28, 2021 No. 32.

Are we ‘leaving no-one behind’? How gaps in modern slavery programmes allow forced labour among adolescent girls in the garment and textile industries

This article will examine the efficacy of current programme services for adolescent girls at risk of forced labour through an analysis of Walk Free’s Promising Practices Database. The Database is a collection of evaluations of anti-slavery and counter-trafficking programmes since 2000, categorised by type of intervention, location of programme, and target population, among other terms. This article identifies what lessons can be learnt, if any, to both prevent and tackle the forced labour of adolescent girls, with a particular focus on the garment and textile industries. We examine a subset of the Promising Practices Database of 81 evaluations, where at least one component in programme design was targeted at adolescent girls. We find that, in line with other critiques of human trafficking research, most evaluations are disproportionately focussed on programmes tackling sex trafficking to the exclusion of other forms of forced labour. Based on two existing evaluations, and related programmes in the garment sector, we determine the importance of community-led, inclusive, rights-based awareness-raising and the need to tailor interventions specifically to the needs and life-stage of the target group.

FORCED LABOR AS A TYPE OF PUNISHMENT: ISSUES OF PREVENTION AND ENFORCEMENT

The article examines the criminal-legal and criminal-executive aspects of punishment in the form of forced labor. The problematic points in the assessment of the place of forced labor in the system of punishments, the punitive content of punishment and the order of its appointment are determined. The contradiction of the order of application of forced labor with the general principles of sentencing is revealed. The article analyzes some issues of execution and serving of forced labor, identifies the problems of legal regulation of the procedure for implementing punishment, in particular, related to the involvement of convicts in labor. The common features of the execution and serving of forced labor with the order of execution and conditions of serving of imprisonment in colonies-settlements are revealed. Some changes in the normative-legal acts of both legislative and subordinate nature are proposed.

Ending Human Trafficking in India- A Much- Awaited Goal

Discussion on the issue of human trafficking in 21st century is definitely quite shameful as the entire worldis transformed into a small place due to globalization. Not only in India, but in almost all the countries ofthe world, this worst form of crime is still existing in some form or other. Through this paper the author hasattempted to analyze the reasons for prevalence of this crime in India even after having concerted effortsby the successive governments to completely eradicate the evil through statutory enactments. Being thesecond largest populous country of the world and having been invaded by a number of foreign invaders, thecountry always suffered in its socio-economic growth. The demographic feature of the country is certainlyanother disadvantage that makes it quite difficult for the governmental schemes to reach the poor peopleliving in the rear ends of the country. Another reason affecting the economy is the refugees coming into thecountry through its porous borders and making it their permanent shelter and expecting their shares from thelimited resources available for the countrymen. It is, in fact, a matter of grave concern that even after havingseveral enactments to deal with human trafficking, still the country is witnessing its prevalence in a largerscale. Prior to the enactment of the Indian Constitution, the Constitution makers too took it very seriouslyfor which traffic in human beings or any forms of forced labour were inserted to be prohibited under Article23. The judiciary has also taken stringent views to eradicate the crime of human trafficking through strictinterpretation of the legislative provisions. But unfortunately it is not being eradicated till today, for which itbecomes imperative for all to introspect the entire system responsible for prevalence of such crime.

СПЕЦИФИКА УГОЛОВНО-ПРАВОВОГО РЕАГИРОВАНИЯ НА ПРАВОНАРУШАЮЩЕЕ ПОВЕДЕНИЕ ЛИЦ, ОТБЫВАЮЩИХ НАКАЗАНИЕ В ВИДЕ ПРИНУДИТЕЛЬНЫХ РАБОТ

The article is devoted to the consideration of the specifics of the criminal-legal response to the offending behavior of persons serving sentences in the form of forced labor. The authors analyze the state of discipline and law and order in correctional centers and sections of correctional institutions functioning as correctional centers, legal regulation of coercive measures applied to convicts who commit crimes and other offenses during the period of serving their sentence. As a result of the study, it is concluded that the current regulatory framework for the criminal-legal response to the offending behavior of persons serving sentences in the form of forced labor and the practice of its application, allow for an individualized and differentiated approach to the responsibility of such persons, which does not exclude the need for further research of this type of punishment in order to improve it.

Принудительные работы как вид наказания

Abstract. The purpose of the article is to identify, on the basis of analysis of law enforcement practice and opinions of personnel of the penal system, practical problems arising in the execution of punishment in the form of forced labor, and ways to solve them for the purpose of improvement of the criminal and penal legislation in this area. The expediency of introducing some amendments to the legislation aimed at improving the procedure for the execution of forced labor is substantiated. Key words: penal law, punishment, forced labor, execution of punishment, correctional center.

Cocinando en altamar. Diferentes formas de trabajo en la era de la Segunda Esclavitud

This paper deals with various forms of labor in the 19th century. Although Brazil officially banned the slave trade, the first half of the 19th century did no t bring a decline of this business. Rather, until at least 1851, large numbers of slaves were brought to Brazil. The structure of the slave trade was based on the labor needed to carry out the abduction of several million people. Slave ship cooks were resp onsible for feeding the people during their voyages, thus contributing to the infrastructure and reproduction of the slave trade. By using a micro - historical approach to examine the example of slave ship cooks, different forms of forced labor can be shown

Особенности организации исполнения наказания в виде принудительных работ

The article analyzes and discusses the features of the organization of the execution of punishment in the form of forced labor. As a result, priority areas of the service’s activities are determined, including the development of scientific support for this issue.

Forced Labor: Reality and Prospects

The article analyzes the criminal legislation in terms of regulating the imposition of punishment in the form of forced labor as an alternative to imprisonment for a certain period. A brief historical overview is presented, illustrating the initial ambiguity of the legislative approach to the introduction of this punishment. The article considers the imperfect procedure for assigning forced labor, which deprives it of independence and presentability and hinders its practical application. In view of the current trends in liberalizing sentencing, that do not involve isolation from society, forced labor needs to be clarified in order to expand its use. In addition, the text introduces problems associated with the re-profiling of correctional institutions that function as correctional centers, located near correctional colonies where convicts serve their sentences. The authors suppose this situation may cause the emergence of criminal groups, and it will not fully contribute to the goals of correction. The paper reveals formal approach of the legislator to the reform of the penal system in terms of introducing alternative punishments to imprisonment, which does not meet modern realities and expectations of the society.

LEGAL PROTECTION FOR INDONESIAN MIGRANT WORKERS

The purpose of this study is to determine and analyze the legal protection of Indonesian citizens working abroad from the perspective of domestic law and international law. The research method used is descriptive research methods and qualitative analysis techniques. The results obtained from this study indicates that human trafficking is a growing human rights problem in the international community, with a focus on prostitution involving women and children. Over time, changing times and increasing demand, human trafficking is no longer only in the field of prostitution, but also used in the form of forced labor, slavery, and the sale of organs. To regulate the protection of migrant workers, the United Nations General Assembly passed Case No. 45/158 in New York on December 18, 1990 which became the legal umbrella by issuing it. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The problem of migrant workers working abroad is currently a special concern of the Indonesian government as a guarantee that the state's goal is to protect the entire nation carried out. Protection in the form of a legal norm from Indonesia and legal entities abroad is an important factor to support the protection of migrant workers. With the direction of international and national law, Indonesian goverments puts out every effort to carry out legal protection optimally.

ПРИМЕНЕНИЕ НАКАЗАНИЯ В ВИДЕ ПРИНУДИТЕЛЬНЫХ РАБОТ НА СОВРЕМЕННОМ ЭТАПЕ

In this article, through an analysis of scientific literature over the past three years, attention is drawn to the most discussed problematic aspects of the designation and execution of sentences in the form of forced labor at the present stage, which determined the relevance of the chosen topic. It is substantiated that the possibility of a court appointing forced labor as an independent form of punishment is fixed at the legislative level. It has been rightly noted that endowing persons convicted of forced labor with signs of a person who is competitive in the labor market will increase the chances of his positive employment. Thus, the effective serving of forced labor by convicts will ensure the realization of the right of victims to compensation for harm caused by a crime to them. The article clearly formulated proposals aimed at improving the institution of forced labor as a form of criminal punishment. The mechanisms that can be implemented as part of the execution of this type of criminal punishment are justified. The conclusion is drawn about the need for a criminal and criminal executive policy to improve remedies and the procedure for their practical application, taking into account previous domestic experience in the execution of other types of punishment.

Deserters from the Labor Front: The Limits of Coercion in the Soviet War Economy

Deserters from the Labor FrontThe Limits of Coercion in the Soviet War Economy Oleg V. Khlevniuk (bio) Translated by Aaron Hale-Dorrell During World War II, a special system of crisis management took shape in the USSR. Its defining characteristics included a high degree of mobilization of human and material resources to meet the demands of the front, as well as a related centralization of management and employment of repression. Detailed study of the basic parameters and mechanisms of how the system functioned at the front and in the rear unavoidably leads to a new series of questions.1 How effective was the Soviet model of military mobilization? To what degree were the extreme centralization and severe repression in their fullest form able to achieve the required results? What contribution did other, nonrepressive methods make? In addressing such questions, historians are examining many phenomena and processes that corrected for the negative consequences of the extreme centralization and harsh coercion and therefore improved the operation of the system of crisis management. These include changes in Soviet ideology, especially the concessions by the Stalinist government to religious traditions as a whole and the Russian Orthodox Church in particular; the introduction of one-person command and the heightening of the authority of the Soviet corps of officers and generals; the partially spontaneous localization [End Page 481] of management, the relative rise in producers' economic self-reliance, and more.2 Taken as a whole, these works show that it is important to examine the Soviet military mobilization system together with its harshly repressive and "soft" corrective components. This article applies this approach to study the actual practices for implementing the extraordinary wartime laws in the realm of labor. Here we are speaking, above all, about the decree of 26 December 1941, on deserters from war industries, which was one of the basic mechanisms of coerced labor during wartime.3 The widespread employment of various forms of forced labor, as well as the centralized distribution of the labor force, were characteristics of the Soviet economy from the moment it emerged. The ideal of Soviet socialism was the principle that each should labor where and as much as the state deemed necessary. The harshly regulated distribution of labor resources was caused not so much by inadequate quantity as by low quality: that is, insufficient labor productivity and a high rate of turnover. Crash industrialization was forced via a rapid decline in living standards, as well as the collapse of agriculture and the social sector. This significantly weakened both wages and attractive living conditions as methods for incentivizing labor. To a considerable degree, compulsory labor was to compensate for the limited opportunities to employ economic incentives.4 The system of coerced labor functioned in its fullest form in the Gulag economy. On 1 January 1941, there were 1,500,000 prisoners in People's Commissariat of Internal Affairs (NKVD) corrective labor camps, almost [End Page 482] 429,000 prisoners in labor colonies, and about 488,000 in prisons.5 At that time, laboring internal exiles numbered an additional 930,000.6 As researchers have noted, mass repressions not only provided labor power for the forced-labor economy but also served as an important means of disciplining workers in the Soviet economy as a whole.7 However, for the threat of repression to actually function as a labor incentive, it was necessary to criminalize labor, transforming into a crime any violation of discipline or the independent choice of a job. After the outbreak of World War II, the Stalinist state solved this problem by publishing a decree by the Presidium of the USSR Supreme Soviet on 26 June 1940. It stipulated harsh punishments: for late arrival to work, up to six months corrective labor with a portion of wages garnished by the state; for unauthorized leave from a workplace—up to four months of prison. Enterprise managers who responded to violations of discipline with insufficient alacrity could similarly find themselves in court. Because of this growing pressure from above, the campaign for labor discipline attained enormous proportions. As Table 1 demonstrates, in the period of less than a year preceding the beginning of the war with Germany...

Modern Trafficking, Slavery, and Other Forms of Servitude

The claim that there has been a remarkable revival of slavery, other forms of forced labor, and human trafficking in our times has inspired widespread activism and a vast body of popular and academic works. Although the conflation of terms, exaggerated empirical claims, and a shortage of evidence-based work have prompted legitimate scholarly skepticism, modern trafficking and forms of servitude do present urgent problems for researchers, lawmakers and reformers. We first clarify the most basic terms in the field—servitude, forced labor, slavery, trafficking, and smuggling—then examine all forms of servitude and evaluate the degree to which they properly amount to slavery or result from trafficking. This is followed by an examination of methodological problems in the measurement of types of servitude and a brief analysis of the factors accounting for its contemporary revival. We aim to encourage more scholarly enquiries from sociologists who are uniquely qualified to explore this problem.