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Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, or violence, including death or other forms of extreme hardship to either themselves or members of their families. [note 1]
Unfree labour includes all forms of slavery, penal labour, and the corresponding institutions, such as debt slavery, serfdom, corvée and labour camps.
Many forms of unfree labour are also covered by the term forced labour, which is defined by the International Labour Organization (ILO) as all involuntary work or service exacted under the menace of a penalty. [1]
However, under the ILO Forced Labour Convention of 1930, the term forced or compulsory labour does not include: [2]
If payment occurs, it may be in one or more of the following forms:
Unfree 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, linguistic, or cultural differences from the general population, since they are unable or unlikely to report their conditions to the authorities. [3]
Unfree labour re-emerged as an issue in the debate about rural development during the years following the end of the Second World War, when a political concern of Keynesian theory was not just economic reconstruction (mainly in Europe and Asia) but also planning (in developing "Third World" nations). A crucial aspect of the ensuing discussion concerned the extent to which different relational forms constituted obstacles to capitalist development, and why.
During the 1960s and 1970s, unfree labour was regarded as incompatible with capitalist accumulation, and thus an obstacle to economic growth, an interpretation advanced by exponents of the then-dominant semi-feudal thesis. From the 1980s onwards, however, another and very different Marxist view emerged, arguing that evidence from Latin America and India suggested agribusiness enterprises, commercial farmers and rich peasants reproduced, introduced or reintroduced unfree relations.
However, recent contributions to this debate have attempted to exclude Marxism from the discussion. These contributions maintain that, because Marxist theory failed to understand the centrality of unfreedom to modern capitalism, a new explanation of this link is needed. This claim has been questioned by Tom Brass. [4] He argues that many of these new characteristics are in fact no different from those identified earlier by Marxist theory and that the exclusion of the latter approach from the debate is thus unwarranted.
The International Labour Organization (ILO) estimates that at least 12.3 million people are victims of forced labour worldwide; of these, 9.8 million are exploited by private agents and more than 2.4 million are trafficked. Another 2.5 million are forced to work by the state or by rebel military groups. [5] [6] From an international law perspective, countries that allow forced labour are violating international labour standards as set forth in the Abolition of Forced Labour Convention (C105), one of the fundamental conventions of the ILO. [7]
According to the ILO Special Action Programme to Combat Forced Labour (SAP-FL), global profits from forced trafficked labour exploited by private agents are estimated at US$44.3 billion per year. About 70% of this value (US$31.6 billion) comes from trafficked victims. At least the half of this sum (more than US$15 billion) comes from industrialised countries. [8]
Trafficking is a term to define the recruiting, harbouring, 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. [9]
The archetypal and best-known form of unfree 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. Slavery was common in many ancient societies, including ancient Egypt, Babylon, Persia, ancient Greece, Rome, ancient China, the pre-modern Muslim world, as well as many societies in Africa and the Americas. Being sold into slavery was a common fate of populations that were conquered in wars. Perhaps the most prominent example of chattel slavery was the enslavement of many millions of black people in Africa, as well as their forced transportation to the Americas, Asia, or Europe, where their status as slaves was almost always inherited by their descendants.[ citation needed ]
The term "slavery" is often applied to situations which do not meet the above definitions, but which are other, closely related forms of unfree labour, such as debt slavery or debt-bondage (although not all repayment of debts through labour constitutes unfree labour). Examples are the Repartimiento system in the Spanish Empire, or the work of Indigenous Australians in northern Australia on sheep or cattle stations (ranches), from the mid-19th to the mid-20th century. In the latter case, workers were rarely or never paid, and were restricted by regulations and/or police intervention to regions around their places of work.
In late 16th century Japan, "unfree labour" or slavery was officially banned; but forms of contract and indentured labour persisted alongside the period's penal codes' forced labour. Somewhat later, the Edo period's penal laws prescribed "non-free labour" for the immediate families of executed criminals in Article 17 of the Gotōke reijō (Tokugawa House Laws), but the practice never became common. The 1711 Gotōke reijō was compiled from over 600 statutes that were promulgated between 1597 and 1696. [10]
According to Kevin Bales in Disposable People: New Slavery in the Global Economy (1999), there are now an estimated 27 million slaves in the world. [11] [12]
Blackbirding involves kidnapping or trickery to transport people to another country or far away from home, to work as a slave or low-paid involuntary worker. In some cases, workers were returned home after a period of time.
Serfdom bonds labourers to the land they farm, typically in a feudal society. Serfs typically have no legal right to leave, change employers, or seek paid work, though depending on economic conditions many did so anyway. Unlike chattel slaves, they typically cannot be sold separately from the land, and have rights such as the military protection of the lord.
A truck system, in the specific sense in which the term is used by labour historians, refers to an unpopular or even exploitative form of payment associated with small, isolated and/or rural communities, in which workers or self-employed small producers are paid in either: goods, a form of payment known as truck wages, or tokens, private currency ("scrip") or direct credit, to be used at a company store, owned by their employers. A specific kind of truck system, in which credit advances are made against future work, is known in the U.S. as debt bondage.
Many scholars have suggested that employers use such systems to exploit workers and/or indebt them. This could occur, for example, if employers were able to pay workers with goods which had a market value below the level of subsistence, or by selling items to workers at inflated prices. Others argue that truck wages were a convenient way for isolated communities, such as during the early colonial settlement of North America, to operate when official currency was scarce. [13]
By the early 20th century, truck systems were widely seen, in industrialised countries, as exploitative; perhaps the most well-known example of this view was a 1947 U.S. hit song "Sixteen Tons". Many countries have Truck Act legislation that outlaws truck systems and requires payment in cash.
Though most closely associated with Medieval Europe, governments throughout human history have imposed regular short stints of unpaid labour upon lower social classes. These might be annual obligations of a few weeks or something similarly regular that lasted for the labourer's entire working life. As the system developed in the Philippines and elsewhere, the labourer could pay an appropriate fee and be exempted from the obligation. [14]
A form of forced labour in which peasants and members of lower castes were required to work for free existed in India before independence. This form of labour was known by several names, including veth, vethi, vetti-chakiri and begar . [15] [16]
Another historically significant example of forced labour was that of political prisoners, people from conquered or occupied countries, members of persecuted minorities, and prisoners of war, especially during the 20th century. The best-known example of this are the concentration camp system run by Nazi Germany in Europe during World War II, the Gulag camps [17] run by the Soviet Union, [18] and the forced labour used by the military of the Empire of Japan, especially during the Pacific War (such as the Burma Railway). Roughly 4,000,000 German POWs were used as "reparations labour" by the Allies for several years after the German surrender; this was permitted under the Third Geneva Convention provided they were accorded proper treatment. [19] China's laogai ("labour reform") system and North Korea's kwalliso camps are current examples.
About 12 million forced labourers, most of whom were Poles and Soviet citizens ( Ost-Arbeiter ) were employed in the German war economy inside Nazi Germany. [20] [21] More than 2000 German companies profited from slave labour during the Nazi era, including Daimler, Deutsche Bank, Siemens, Volkswagen, Hoechst, Dresdner Bank, Krupp, Allianz, BASF, Bayer, BMW, and Degussa. [22] [23] In particular, Germany's Jewish population was subject to slave labour prior to their extermination. [24]
In Asia, according to a joint study of historians featuring Zhifen Ju, Mark Peattie, Toru Kubo, and Mitsuyoshi Himeta, more than 10 million Chinese were mobilised by the Japanese army and enslaved by the Kōa-in for slave labour in Manchukuo and north China. [25] The U.S. Library of Congress estimates that in Java, between 4 and 10 million romusha (Japanese: "manual labourer") were forced to work by the Japanese military. About 270,000 of these Javanese labourers were sent to other Japanese-held areas in South East Asia. Only 52,000 were repatriated to Java, meaning that there was a death rate of 80%. [26] Also, 6.87 million Koreans were forcefully put into slave labour from 1939 to 1945 in both Japan and Japanese-occupied Korea. [27]
Kerja rodi (Heerendiensten), was the term for forced labour in Indonesia under Dutch colonial rule.
The Khmer Rouge attempted to turn Cambodia into a classless society by depopulating cities and forcing the urban population ("New People") into agricultural communes. The entire population was forced to become farmers in labour camps.
Convict or prison labour is another classic form of unfree 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.
Three British colonies in Australia – New South Wales, Van Diemen's Land and Western Australia – are examples of the state use of convict labour. Australia received thousands of convict labourers in the eighteenth and nineteenth centuries who were given sentences for crimes ranging from those now considered to be minor misdemeanours to such serious offences as murder, rape and incest. A considerable number of Irish convicts were sentenced to transportation for treason while fighting against British rule in Ireland.[ citation needed ]
More than 165,000 convicts were transported to Australian colonies from 1788 to 1868. [28] Most British or Irish convicts who were sentenced to transportation, however, completed their sentences in British jails and were not transported at all.
It is estimated that in the last 50 years more than 50 million people have been sent to Chinese laogai camps. [29]
A more common form in modern society is indenture, or 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.
While historically unfree labour was frequently sanctioned by law, in the present day most unfree labour now revolves around illegal control rather than legal ownership, as all countries have made slavery illegal. [30]
As mentioned above, there are several exceptions of unfree or forced labour recognised by the International Labour Organization:
Some countries practise forms of civil conscription for different major occupational groups or inhabitants under different denominations like civil conscription, civil mobilization , political mobilisation etc. This obligatory service on the one hand has been implemented due to long-lasting labour strikes, during wartime or economic crisis, to provide basic services like medical care, food supply or supply of the defence industry. On the other hand, this service can be obligatory to provide recurring and inevitable services to the population, like fire services, due to lack of volunteers.
Between December 1943 and March 1948 young men in the United Kingdom, the so-called Bevin Boys, had been conscripted for the work in coal mines. [31] In Belgium in 1964, [32] in Portugal [33] and in Greece from 2010 to 2014 due to the severe economic crisis, [34] [35] a system of civil mobilisation was implemented to provide public services as a national interest.
In Switzerland in most communities for all inhabitants, no matter if they are Swiss or not, it is mandatory to join the so-called Militia Fire Brigades, as well as the obligatory service in Swiss civil defence and protection force. Conscripts in Singapore are providing the personnel of the country's fire service as part of the national service in the Civil Defence Force. In Austria and Germany citizens have to join a compulsory fire brigade if a volunteer fire service can not be provided, due to lack of volunteers. In 2018 this regulation is executed only in a handful of communities in Germany and currently none in Austria. [36] [37] [38]
Beside the conscription for military services, some countries draft citizens for paramilitary or security forces, like internal troops, border guards or police forces. While sometimes paid, conscripts are not free to decline enlistment. Draft dodging or desertion are often met with severe punishment. Even in countries which prohibit other forms of unfree labour, conscription is generally justified as being necessary in the national interest and therefore is one of the five exceptions to the Forced Labour Convention, signed by the most countries in the world. [39]
Community service is a non-paying job performed by one person or a group of people for the benefit of their community or its institutions. Community service is distinct from volunteering, since it is not always performed on a voluntary basis. Although personal benefits may be realised, it may be performed for a variety of reasons including citizenship requirements, a substitution of criminal justice sanctions, requirements of a school or class, and requisites for the receipt of certain benefits.
During the Cold War in some communist countries like Czechoslovakia, the German Democratic Republic or the Soviet Union the originally voluntary work on Saturday for the community called Subbotnik , Voskresnik or Akce Z became de facto obligatory for the members of a community.
In some Austrian and German states it is feasible for communities to draft citizens for public services, called hand and hitch-up services. This mandatory service is still executed to maintain the infrastructure of small communities. [40] [41]
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the first and oldest specialized agencies of the UN. The ILO has 187 member states: 186 out of 193 UN member states plus the Cook Islands. It is headquartered in Geneva, Switzerland, with around 40 field offices around the world, and employs some 3,381 staff across 107 nations, of whom 1,698 work in technical cooperation programmes and projects.
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavement is the placement of a person into slavery, and the person is called a slave or an enslaved person.
Debt bondage, also known as debt slavery, bonded labour, or peonage, is the pledge of a person's services as security for the repayment for a debt or other obligation. Where the terms of the repayment are not clearly or reasonably stated, or where the debt is excessively large the person who holds the debt has thus some control over the laborer, whose freedom depends on the undefined or excessive debt repayment. The services required to repay the debt may be undefined, and the services' duration may be undefined, thus allowing the person supposedly owed the debt to demand services indefinitely. Debt bondage can be passed on from generation to generation.
Child labour is the exploitation of children through any form of work that interferes with their ability to attend regular school, or is mentally, physically, socially and morally harmful. Such exploitation is prohibited by legislation worldwide, although these laws do not consider all work by children as child labour; exceptions include work by child artists, family duties, supervised training, and some forms of work undertaken by Amish children, as well as by Indigenous children in the Americas.
Involuntary servitude or involuntary slavery is a legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While laboring to benefit another occurs also in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount. Prison labor is often referred to as involuntary servitude. Prisoners are forced to work for free or for very little money while they carry out their time in the system.
Wage labour, usually referred to as paid work, paid employment, or paid labour, refers to the socioeconomic relationship between a worker and an employer in which the worker sells their labour power under a formal or informal employment contract. These transactions usually occur in a labour market where wages or salaries are market-determined.
The Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, known in short as the Worst Forms of Child Labour Convention, was adopted by the International Labour Organization (ILO) in 1999 as ILO Convention No 182. It is one of eight ILO fundamental conventions.
Penal labour is a term for various kinds of forced labour that prisoners are required to perform, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence involving penal labour have included involuntary servitude, penal servitude, and imprisonment with hard labour. The term may refer to several related scenarios: labour as a form of punishment, the prison system used as a means to secure labour, and labour as providing occupation for convicts. These scenarios can be applied to those imprisoned for political, religious, war, or other reasons as well as to criminal convicts.
The Forced Labour Convention, the full title of which is the Convention Concerning Forced or Compulsory Labour, 1930 (No.29), is one of eight ILO fundamental conventions of the International Labour Organization. Its object and purpose is to suppress the use of forced labour in all its forms irrespective of the nature of the work or the sector of activity in which it may be performed. The Convention defines forced labour as "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", with few exceptions like compulsory military service.
Forced prostitution, also known as involuntary prostitution or compulsory prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" appear in international and humanitarian conventions, such as the Rome Statute of the International Criminal Court, but have been inconsistently applied. "Forced prostitution" refers to conditions of control over a person who is coerced by another to engage in sexual activity.
The continent of Africa is one of the regions most rife with contemporary slavery. Slavery in Africa has a long history, within Africa since before historical records, but intensifying with the trans-Saharan and Indian Ocean slave trade and again with the trans-Atlantic slave trade; the demand for slaves created an entire series of kingdoms which existed in a state of perpetual warfare in order to generate the prisoners of war necessary for the lucrative export of slaves. These patterns persisted into the colonial period during the late 19th and early 20th century. Although the colonial authorities attempted to suppress slavery from about 1900, this had very limited success, and after decolonization, slavery continues in many parts of Africa despite being technically illegal.
Slavery in Angola existed since the late 15th century when Portugal established contacts with the peoples living in what is the Northwest of the present country, and founded several trade posts on the coast. A number of those peoples, like the Imbangala and the Mbundu, were active slave traders for centuries. In the late 16th century, Kingdom of Portugal's explorers founded the fortified settlement of Luanda, and later on minor trade posts and forts on the Cuanza River as well as on the Atlantic coast southwards until Benguela. The main component of their trading activities consisted in a heavy involvement in the Atlantic slave trade. Slave trafficking was abolished in 1836 by the Portuguese authorities.
The use of slave and forced labour in Nazi Germany and throughout German-occupied Europe during World War II took place on an unprecedented scale. It was a vital part of the German economic exploitation of conquered territories. It also contributed to the mass extermination of populations in occupied Europe. The Germans abducted approximately 12 million people from almost twenty European countries; about two thirds came from Central Europe and Eastern Europe. Many workers died as a result of their living conditions – extreme mistreatment, severe malnutrition and abuse were the main causes of death. Many more became civilian casualties from enemy (Allied) bombing and shelling of their workplaces throughout the war. At the peak of the program, the forced labourers constituted 20% of the German work force. Counting deaths and turnover, about 15 million men and women were forced labourers at one point during the war.
Contemporary slavery, also sometimes known as modern slavery or neo-slavery, refers to institutional slavery that continues to occur in present-day society. Estimates of the number of enslaved people today range from around 38 million to 49.6 million, depending on the method used to form the estimate and the definition of slavery being used. The estimated number of enslaved people is debated, as there is no universally agreed definition of modern slavery; those in slavery are often difficult to identify, and adequate statistics are often not available.
Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation.
Civil conscription is the obligation of civilians to perform mandatory labour for the government. This kind of work has to correspond with the exceptions in international agreements, otherwise it could fall under the category of unfree labour. There are two basic kinds of civil conscriptions. On the one hand, a compulsory service can be ordered on a temporary basis during wartimes and other times of emergency, like severe economic crisis or extraordinary natural events to provide basic services to the population. These include, but are not limited to, medical care, food supplies, defense industry supplies or cleanup efforts, following a severe weather or environmental disaster for the duration of the emergency. Therefore, it generally makes striking illegal for the duration of the civil mobilization. On the other hand, a revolving mandatory service may be required for a longer period of time, for example, to ensure community fire protection or to carry out infrastructure work at a local or community level.
Child labour in Bangladesh is significant, with 4.7 million children aged 5 to 14 in the work force in 2002-03. Out of the child labourers engaged in the work force, 83% are employed in rural areas and 17% are employed in urban areas. Child labour can be found in agriculture, poultry breeding, fish processing, the garment sector and the leather industry, as well as in shoe production. Children are involved in jute processing, the production of candles, soap and furniture. They work in the salt industry, the production of asbestos, bitumen, tiles and ship breaking.
Serfdom in Poland existed on the territory of the Kingdom of Poland during the rule of the Piast dynasty in the Middle Ages. It continued to exist in various forms until late in the 14th century when it was supplanted by the institution of serfdom, which has often been considered a form of modified slavery.
Slavery in Haiti began after the arrival of Christopher Columbus on the island in 1492 with the European colonists that followed from Portugal, Spain and France. The practice was devastating to the native population. Following the indigenous Tainos' near decimation from forced labor, disease and war, the Spanish, under initial advisement of the Catholic priest Bartolomé de las Casas and with the blessing of the Catholic church, began engaging in earnest during the 17th century in the forced labor of enslaved Africans. During the French colonial period, beginning in 1625, the economy of Saint-Domingue, was based on slavery; conditions on Saint-Domingue became notoriously bad even compared to chattel slavery conditions elsewhere.
The history of forced labor in the United States encompasses to all forms of unfree labor which have occurred within the present day borders of the United States through the modern era. "Unfree labor" is a generic or collective term for those work relations, in which people are employed against their will by the threat of destitution, detention, violence, lawful compulsion, or other extreme hardship to themselves or to members of their families.
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