Modern slavery is a global problem that affects millions of people around the world. The UK is no exception, with an estimated 10,000 victims of modern slavery living in the country. In response to this crisis, the UK government passed the Modern Slavery Act 2015, a groundbreaking law that has made the UK a global leader in the fight against modern slavery.

The Act consolidates existing laws related to slavery and trafficking, making it easier to prosecute those involved in modern slavery offenses. It also provides improved protection and support for victims of modern slavery, including provisions for compensation and assistance. Additionally, the Act requires certain businesses and organizations to publish annual statements detailing the steps they have taken to ensure their supply chains are free from slavery and human trafficking.

The Modern Slavery Act 2015 is a powerful tool in the fight against modern slavery. It has helped to raise awareness of the issue, improve the protection of victims, and hold perpetrators accountable. The Act is a model for other countries that are working to combat modern slavery, and other nations like the US are also catching up with laws like the Uyghur Forced Labor Prevention Act (UFLPA).

The Modern Slavery Act 2015: A Groundbreaking Law to Protect Victims and Hold Perpetrators Accountable

One of the most important pieces of legislation that the UK Parliament has passed to address and battle the urgent problem of modern slavery within its borders is the Modern Slavery Act 2015. Although the Act primarily affects England and Wales, it also has an impact on several parts in Scotland and Northern Ireland, including cross-border pursuit and modern slavery statements. Under the leadership of James Brokenshire, the Parliamentary Under Secretary for Crime and Security, the bill was first introduced to the House of Commons in draft form in October 2013, marking the beginning of its development and legislative journey. The Home Office, under the leadership of Lord Bates and Theresa May, was a key proponent of the measure.

The Modern Slavery Act 2015 was formally enacted into law on March 26, 2015, when it was granted Royal Assent. This action demonstrated the UK government's resolve to combat modern slavery and uphold the rights and dignity of everyone impacted by this abhorrent crime.

Modern Slavery Act 2015: What Are the Offences?

1. Slavery, Servitude, and Forced or Compulsory Labor: This offense covers the act of holding another person in slavery or servitude, or requiring them to perform forced or compulsory labour without their consent.
2. Human Trafficking: The Act criminalizes the recruitment, transportation, transfer, harboring, or receipt of persons through threat, use of force, deception, or other forms of coercion for the purpose of exploitation, such as forced labour or sexual exploitation.
3. Organizing or Facilitating Slavery or Human Trafficking: This offense targets those who organize, manage, or facilitate activities related to slavery or human trafficking, such as recruiting victims or arranging their transportation.
4. Committing Offenses Abroad: The Act extends jurisdiction to offenses committed abroad by UK nationals or residents, ensuring that perpetrators can be prosecuted even if the offense occurs outside the country's borders.
5. Slavery and Trafficking Offenses by Corporations: The Act includes provisions to hold corporations liable for offenses committed under their umbrella if they fail to prevent modern slavery within their supply chains.
6. Failure to Comply with Reporting Requirements: Certain businesses are required to publish annual statements detailing the actions they have taken to ensure their supply chains are free from slavery and human trafficking. Failure to comply with these reporting requirements can result in sanctions.
7. Section 45 Défense: This provision offers a statutory Défense for victims of slavery or human trafficking who are compelled to commit criminal offenses as a direct result of their exploitation.
8. Section 46 Special Measures: This section extends special measures to protect witnesses who have been victims of modern slavery in criminal trials, ensuring their safety and facilitating their testimony.

The UK Modern Slavery Act contains a number of provisions:

• Consolidation of existing slavery and trafficking offences
• Introduction of two new civil orders to restrict convicted individuals or those involved in modern slavery offences not yet convicted
• Establishment of an independent Anti-Slavery Commissioner to promote prevention of modern slavery offences and victim identification (Part IV of the Act), with the first commissioner being Kevin Hyland
• Mechanisms for seizing traffickers' assets and directing some of that money toward compensation for victims
• Creation of a new statutory defence for slavery or trafficking victims compelled to commit criminal offences (section 45)
• Extension of special measures for witnesses who have been victims of modern slavery in criminal trials (section 46)
• Provision of child trafficking advocates (section 48)

Amendments to the UK Modern Slavery Act bill

a. Supply Chain

The UK's Modern Slavery Act 2015 initially lacked provisions on slave labour in supply chains due to potential commercial costs. However, lobbying efforts led to a supply chain clause requiring large businesses to publicly disclose their efforts to combat slave labour. As of October 29, 2015, businesses above a certain turnover threshold must submit annual declarations on their actions to prevent slavery and human trafficking in supply chains. Though non-compliance has no legal consequences, most businesses comply voluntarily due to ethical obligations. The Transparency in Supply Chains (TISC) Report, launched in March 2016, enables businesses to post statements on a searchable registry. Over 10,000 businesses registered by January 2017, making it the world's largest register of its kind. The UK government also released its Modern Slavery Statement on March 26, 2020 and last updated it on 25 November 2021.

b. Prostitution

In November 2014, Fiona Mactaggart MP proposed an amendment to the bill, aiming to criminalize the purchase of sex as part of efforts to address prostitution. During the House of Commons debate, John McDonnell MP argued against the amendment, pointing out the lack of evidence supporting the effectiveness of such measures and their potential to cause harm. The amendment was later dropped from the bill.

c. Tied Visas

In March 2015, an amendment was proposed in the House of Lords regarding migrant workers with "tied visas" brought to the UK by their employers. These workers, often foreign domestic workers, are restricted from leaving their jobs and seeking employment elsewhere. The tied visa system, similar to the kafala system in some Middle Eastern countries, was introduced in 2012. The amendment sought to grant these workers the right to change employers but was ultimately rejected by the House of Commons.

Purpose of UK Modern Slavery Act

• Prevention: The Act seeks to prevent modern slavery offenses from occurring by introducing measures to raise awareness, support victims, and hold perpetrators accountable.
• Protection of Victims: It provides improved protection and support for victims of modern slavery, including provisions for compensation and assistance.
• Prosecution: The Act consolidates existing laws related to slavery and trafficking, making it easier to prosecute those involved in modern slavery offenses.
• Transparency: It requires certain businesses and organizations to publish annual statements detailing the steps they have taken to ensure their supply chains are free from slavery and human trafficking.
• Establishment of Anti-Slavery Commissioner: The Act establishes an independent Anti-Slavery Commissioner to advocate for the prevention of modern slavery and support the identification of victims.

The Modern Slavery Act 2015 is important for several reasons:

• Combating Modern Slavery: Modern slavery is a grave violation of human rights, and the Act provides a comprehensive legal framework to address this issue, sending a strong message that the UK is committed to eradicating this abhorrent practice.
• Protecting Victims: The Act improves support and protection for victims of modern slavery, recognizing their vulnerability and ensuring they have access to necessary assistance, services, and compensation.
• Enhancing Prosecution: By consolidating and strengthening existing laws related to slavery and trafficking, the Act makes it easier to prosecute and convict those involved in modern slavery offenses, holding perpetrators accountable for their actions.
• Preventing Modern Slavery: The Act emphasizes prevention through increased awareness, supply chain transparency, and measures to identify and address vulnerabilities that may lead to exploitation.
• Establishing an Independent Commissioner: The appointment of an independent Anti-Slavery Commissioner fosters coordination and cooperation among different agencies, ensuring a more effective response to modern slavery.
• Addressing Global Concerns: Modern slavery is a transnational issue, and the Act contributes to the global effort to combat human trafficking and forced labour, setting an example for other countries to follow.
• Corporate Responsibility: The Act introduces measures requiring certain businesses to disclose their actions to prevent slavery in their supply chains, promoting responsible business practices.
• Protecting the Most Vulnerable: Modern slavery disproportionately affects the most vulnerable members of society, and the Act provides special measures for child trafficking victims and witnesses to ensure their safety and well-being.

Take Away

Modern Slavery Act 2015 is a crucial step towards building a society free from the scourge of modern slavery, protecting the rights and dignity of the most vulnerable individuals, and reaffirming the UK's commitment to combatting this grave human rights violation. However, continuous efforts and collaboration across sectors remain essential to fully realize the Act's objectives and create a future where modern slavery is truly eradicated.