What is modern slavery?

The traditional definition of slavery — known as chattel slavery — is the state in which one person (the slave) is legally owned by another person (the slave-owner). Slavery in this form has existed as a practice since antiquity. Starting in the 18th century, the slave trade was abolished throughout much of Europe and later the Americas, as well as their associated territories. In the 20th century, slavery was also banned at international law with the implementation of series of conventions, covenants and other instruments, first under the auspices League of Nations, then later under the United Nations and the International Labour Organisation. In Australia, slavery and related practices are criminalised at the federal and state levels.

Recently, the private sector has started to take a more active role in combating slavery. Private organisations are examining their operations and supply chains, both locally and internationally, to identify slavery risks. This begun with voluntary and/ or industry specific measures such as the Fairtrade Foundation, and has become a mandatory exercise for certain organisations under the?Modern Slavery Act 2018?(Cth) and the yet to be commenced?Modern Slavery Act 2018?(NSW).

Despite slavery being outlawed worldwide, the practice remains commonplace. Indeed, there are more slaves today than at any other time in history. But the nature of slavery has evolved. Chattel slavery, while it still does exist, has been overtaken by a broad range of exploitative practices which are regarded as contemporary forms of slavery. Broadly speaking, modern slavery involves practices where a person is:

• forced to work, by means of violence, coercion or threat;
• trapped and controlled by an ’employer’ through abuse, physical and/ or psychological violence, or the threat of such abuse or violence;
• dehumanised, and treated as a commodity rather than a person; or
• restricted in their freedom of movement.

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