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Dissertations / Theses on the topic 'Forced labour'
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1
Klang, Lina, and Fredrika Wolff. "Trafficking for Forced Labour : A Study Exploring the Collaboration between Agencies Working against Trafficking for Forced Labour in Gävleborg." Thesis, Högskolan i Gävle, Avdelningen för socialt arbete och psykologi, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-21079.
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The aim of this study is to explore how agencies in Gävleborg operate and collaborate in cases concerned with trafficking for forced labour. The study also aims to investigate the agencies employees’ perception of how the collaboration affect the result of their work. The collaboration in Gävleborg is an interdisciplinary collaboration which the social services is a part of. Since the authors of this study are students of the social work program, the social worker’s role has naturally been reflected and slightly more focused on. The theories used in this study are team typology and influencing factors. The theories provides an explanation of how different professions work together and what factors influence their work. By doing semi-structured interviews with five employees from different collaborating agencies the authors have found out more about the collaborative work done in Gävleborg and the perception the employees have of the collaboration. The result shows an overall positive attitude towards the collaboration and that the interdisciplinary collaboration contributes to a developed work process that benefit the victims of trafficking for forced labour.
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Mcgrath, Siobhán. "The political economy of forced labour in Brazil : examining labour dynamics of production networks in two cases of 'slave labour'." Thesis, University of Manchester, 2011. https://www.research.manchester.ac.uk/portal/en/theses/the-political-economy-of-forced-labour-in-brazil-examining-labour-dynamics-of-production-networks-in-two-cases-of-slave-labour(4d8faf90-95af-4d40-b842-e1c088ca7873).html.
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The problems of forced labour and degrading work persist within modern sectors of contemporary economies. This presents both a practical and a theoretical challenge, as reflected in the literature on new slavery and on unfree labour. Analysis of the production networks within which forced labour and degrading work are found, however, has yet to form a central theme within these bodies of literature. This thesis contributes to filling the above-mentioned gap in the literature by exploring the role of the labour dynamics of production networks in two cases of 'slave labour' in Brazil. The first case involves internal migrant workers in sugar cane while the second case involves cross-border migrants in garment workshops. The thesis addresses the question of whether, and how, the labour dynamics of production networks contribute to 'slave labour' and degrading work in the Brazilian sugar cane and garment sectors. The analysis is a cross-disciplinary one, rooted in development studies but also drawing on economic geography, sociology and economics. A case study method is used, relying principally on archival sources, a focus group and semi-stuctured interviews. Drawing on and developing the Global Production Network (GPN) framework, dynamics of production networks are conceived of as sets of power relations which structure the constraints and opportunities for the various actors who negotiate within them. These interlocking sets of relations include, among others: relations between workers, producers, suppliers, buyers, market intermediaries, civil society groups and the state. The labour dynamics of production networks are the subset of these dynamics involving or impacting relations between workers and employers and thereby structuring conditions of employment. Conditions of employment for migrant workers are examined in each case to show how these constitute 'slave labour.' Degrading conditions and restricted freedoms are found to exist to different degrees and along a number of dimensions. At the extreme, these conditions are labelled 'slave labour' in Brazil. It is argued that 'slave labour' in these cases is therefore a symptom of a wider problem of degrading work. The labour dynamics of production networks are analysed to reveal how producers at labour-intensive stages of production in both cases face increased levels of competition, and their strategies in response to these pressures intersect with the strategies of migrant workers and labour market intermediaries to produce outcomes of 'slave labour' and degrading work. Race, gender and migration status play a complex role in creating categories of workers vulnerable to degrading work and 'slave labour,' drawing attention to the way that production is necessarily embedded in particular socio-economic contexts. The analysis highlights the importance of accounting for and intervening in production networks within efforts to address 'slave labour' and degrading work.
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Strachan, Gareth J. "Surviving the Holocaust : experiences of emigration, deportation and forced labour." Thesis, University of St Andrews, 2001. http://hdl.handle.net/10023/13438.
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This is a study of survival and the 'Final Solution', taking its perspective from over One hundred-and-fifty eyewitness Jewish testimonies from the Wiener Library Archive. The importance of the victims' perspective is clear in that the majority of historiography uses a Nazi perspective in its analysis, leaving the Jews to tell of their experiences in separate autobiographies. In this way, the archive has largely been ignored by historians, yet provides some challenging insights into the three central aspects of the Holocaust of emigration, deportation, and forced labour. These aspects serve as the framework for analysis and focus on four key themes of survival. Firstly, the awareness of Jews as to the true nature of the Nazi regime. Secondly, how these Jews were treated by European non-Jews who have often been criticized in secondary literature for being anti-Semitic. Thirdly, how the various German regions were inconsistent in dealing with European Jews; sometimes indifferent to the low status of Jews in the Nazi hierarchy and other times imposing extensive and vicious procedures to further the policy of making Germany Judenfrei. Fourthly, the extent of pure luck in saving many Jews from the death centres. Ultimately, this study sets out both to analyse these four key themes individually and to discover how they influenced survival in combination. This will demonstrate the complexity of everyday existence in the Holocaust and how adapting to it often required more than just a single moment of adjustment to its severity.
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Raimundo, de Lima Wenderson. "Forced Labour in Brazil : A Study of the Global and Local Forces that Influence Rural Coercive Work in Brazil." Thesis, Stockholms universitet, Institutionen för spanska, portugisiska och latinamerikastudier, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-72169.
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The following thesis is an investigation of the actors, the forces and the conditions contributing to the phenomenon of forced labor in the Brazilian countryside. The paper begins by providing a relevant historical background to the problem of coercive labor, starting with the colonial legacy of slavery, dating back to the 16th century and leading up to the present. The aim is to explore the role of local actors, in particular landowners, gatos and the ‘enslaved’ (or workers coerced into forced labor) in constituting and re-constituting this phenomenon. At the same time the influence of local actors is contextualized in light of broader transnational processes, such as the spread of capitalism and neo-liberal globalization.
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Joyce, Christopher Sebastian. "The Gulag, 1930-1960 : Karelia and the Soviet system of forced labour." Thesis, University of Birmingham, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.396067.
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Barrera, Sofia Isabel R. "Unearthing the Foundations of Exploitation: The Varieties of Capitalism and Forced Labour." Thesis, Department of Government and International Relations, 2022. https://hdl.handle.net/2123/27365.
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This thesis sought to answer how different forms of capitalism address unfree labour conditions through an analysis of a crucial case, Nestlé S.A. The thesis employed the use of the Varieties of Capitalism theory to explore the forms of capitalism utilised in the global economy, a liberal market economy (LME) and Switzerland, a coordinated liberal market economy (CLME), the two systems Nestlé S.A. is embedded in.
A computer-assisted content analysis with a discursive analytic framework was then used to identify which of the two systems Nestlé S.A. used more in its structure and rhetoric, and finally determined its prioritisation of LME traits within the Swiss CLME system. This prioritisation is found in the firm’s attempts to address forced labour, as its efforts are hindered by vague definitions of the problem and identifying farmer productivity as the core cause of forced labour in global supply chains.
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Harrison, Sharon Maree. "Belgian labour in Nazi Germany : a social history." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/17582.
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The Nazis' deployment of foreigners (Ausländereinsatz) between 1939 and 1945 established one of the largest forced labour programs since the abolition of slavery during the nineteenth century. Foreign civilians from across Europe were deployed in Germany's war economy. Between 350,000 and 400,000 Belgian civilians were deployed in Germany during the Second World War- roughly half of these workers went to Germany voluntarily, but under a degree of pressure due to the Military Administration's economic policies in occupied Belgium. This thesis examines the implementation of the Nazi forced labour program through the analysis of the lives of Belgians who worked in Germany in the period 1940-1945 and by using a variety of original sources, including the records of the German Military Administration in Belgium and German and Belgian labour officials and the accounts of those who lived and worked in Germany. This thesis proposes a social history of the Nazi foreign labour program with a strong focus on the history of everyday life, drawing extensively on records such as letters, diaries, photographs and personal accounts of Belgians who worked in Germany during the Second World War, as well as hospital, police and judicial records. The employment patterns and experiences of Belgians deployed in Germany are examined through detailed case studies of Berlin and Düsseldorf, industrialised cities where Belgians were deployed in significant numbers. The Nazi regime divided Belgium's population along linguistic lines: Belgians were officially subject to differentiated treatment based on whether they were Flemings or Walloons. Examining the treatment of Belgians by the Nazi regime and comparing Nazi racial policies and practice, this thesis emphasises the key role played by local authorities, employers and individual Germans in shaping the experiences of foreign workers. It is argued that an important distinction must be made in relation to the material advantages western European workers enjoyed due to their elevated position in the Nazi racial hierarchy and the benefits individual foreign workers were able to secure by virtue of their employment skills, linguistic skills and greater confidence. The experiences of Belgian workers are also compared and contrasted with those of other national groups and are related to the broader history of foreign labour in Nazi Germany. This study also examines the experiences of Belgian women. While Belgian women represented close to 15 percent of Belgians deployed in Germany, studies of Belgian labour in Germany have largely overlooked their experiences. Utilising the limited available sources, this thesis contributes to an understanding of women's experiences. By focussing on the social history of the Ausländereinsatz and the stories of individual Belgians, this thesis maps the varied experiences of Belgians in Germany during the Second World War, illustrating convergence and divergence from Nazi racial policy and the fundamental role ordinary Germans played. More importantly, however, this thesis shows that Belgian civilian workers were not just passive victims of the German occupation. The decision to go to Germany to work was a personal one for many Belgian volunteers, based on individual circumstances. In difficult economic times and with no end to the war in sight, Belgians sought to navigate the best course for themselves and their families. While conscripts were by definition not free, as western Europeans Belgians were afforded greater rights and legal protections, which ensured they had room for manoeuvre and were able to exercise a significant degree of control over their own destinies.
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Muivah, Yaruipam. "Aspects of Labour Servitude in North-East India : colonialism and the Questions of Slavery and Forced Labour, c. 1870-1930." Thesis, Paris, EHESS, 2020. http://www.theses.fr/2020EHES0084.
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Cette thèse tente d’écrire l'histoire de la servitude - l'esclavage, la dépendance et le travail forcé dans le nord-est de l'Inde du point de vue de l'histoire globale, sous des formes d'enchevêtrements et de connexions et ce, entre le début du dix-neuvième siècle et du vingtième siècle. Elle cherche à savoir pourquoi certains types de récits sur l'esclavage sont devenus dominants dans la région (dont la délimitation forme une frontière) en raison des dites connexions alors que, dans un même temps, l’utilisation certains des apports les moins connus remet en question ces positions. La thèse essaie également de déterminer comment le travail sous la forme de travail forcé dans la région est devenu une forme prédominante mise à l’œuvre et utilisée par le gouvernement colonial dans ses efforts pour ouvrir la région et la mettre en contact avec différentes parties de l'empire. Cela passe également par le débat et le processus par lesquels le gouvernement colonial a résolu et normalisé la relation entre l'esclavage et le travail forcé face à de nouvelles critiques de missionnaires et de citoyens locaux et soutient que l'utilisation d'un langage juridique était cruciale dans ce discours. La thèse traite également de la question étroitement liée de la manière dont les gens ont résisté à ce processus de normalisation et de changements, et enfin questionne la manière dont cette normalisation a affecté certains groupes de personnes et de tribus - en particulier les femmes et les enfants<br>The thesis is an attempt to write the history of servitude – slavery, dependency, and forced labour in the North-East India from the global history perspective in the forms of entanglements and connections between the early nineteenth and early twentieth century. It addresses the questions of why certain kinds of narratives on slavery became dominant in the region (being demarcated as a frontier) as a result of these connections, and at the same time using some of the less known accounts challenges these positions. It also tries to locate how labour in the form of forced labour in the region became the predominant form that was extracted and used by the colonial government in its effort to open up the region and connect it with different parts of the empire. It also goes through the debate and the process through which the colonial government resolved and normalized the relation of slavery and forced labour in the face of an emerging critics from missionaries and public back home and argues that the use of legal language was crucial to this discourse. The thesis also deals with the closely related question of how people resisted to this process of normalization and changes, and finally the question of how these normalization affected certain groups of people and tribes – especially women and children
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Harre, Thomas David Andrew. "Human Trafficking For Forced Labour At Sea: An Assessment Of New Zealand's Response." Thesis, University of Canterbury. Law, 2013. http://hdl.handle.net/10092/8377.
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The fishing industry is worth approximately $1.4 billion annually to the New Zealand economy, making seafood New Zealand's fifth largest export earner, and giving the industry as a whole a position of high importance to New Zealand. All is not well however. Recent events have exposed a sordid underside to this industry involving the abuse of labour of foreign fishermen at the hands of Korean boat owners, chartered by New Zealand companies to fish New Zealand waters.
Since the introduction of the quota management system in the 1980s, the New Zealand fishing industry has had problems relating to the exploitation of migrant workers. In some instances, this exploitation appears to be manifested in the form of human trafficking. Adopting a socio-legal methodology, this thesis examines the facts that support claims of human trafficking of economically vulnerable fishers from countries such as Indonesia and the Philippines into New Zealand, where they are required to work in exploitative conditions upon foreign charter vessels in New Zealand's exclusive economic zone.
Having established the argument for the existence of human trafficking in New Zealand's territory (a claim which has been consistently downplayed or denied by government officials) this thesis then examines the evolving nature of the legal obligations that have been placed upon the New Zealand government by international law.
Combining these international obligations with standards of best practice that have been derived from an examination of three other jurisdictions - Australia, the United Kingdom and the United States of America - into a set of benchmark criteria, this thesis concludes with a critical assessment of the New Zealand anti-trafficking framework by these standards.
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Kamwimbi, Kasongo Theodore. "Forced child labour a critical analysis of the Democratic Republic of Congo' s." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4706.
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Pellegrino, Giorgia <1996>. "The EU-China Comprehensive Agreement on Investment and the issue of forced labour." Master's Degree Thesis, Università Ca' Foscari Venezia, 2022. http://hdl.handle.net/10579/20868.
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This thesis focuses on the bilateral investment agreement concluded between the European Union and China. In particular, it analyzes the section on sustainable development which contains regulations on the issue of forced labour. It also provides an alysis of the same issue in the Chinese context.
The thesis is divided in two chapters. The first one gives an explanation of the Comprehensive Agreement on Investment (CAI), illustrating its origins, objectives and structure. Furthermore it illustrates the path of negotiations that has led to the closing of the agreement. Finally, in the last sub-chapter, the sustainable development section is examined with a focus on the forced labour directives and their shortcomings.
The second chapter gives an overview of the issue of forced labour in China. It elucidades on the problems linked to the protection of Chinese workes and three elements linked to the issue: collective bargaining, sindicates and NGOs. Lastly, it describes the International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work and the fundamental ILO Conventions on forced labour, and the status of their ratification and implementation in China.
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Sobers-Khan, Nur Anna Helene. "Slaves without shackles : forced labour and manumission in the Galata court registers, 1560-1572." Thesis, University of Cambridge, 2013. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608134.
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Jovanović, Marija. "Human trafficking, human rights and the right to be free from slavery, servitude and forced labour." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:438dfa89-492c-4882-b882-8f21a0f60e9e.
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The thesis engages with a dynamic discourse on the human rights approach to human trafficking. Building on the traditional doctrine of human rights, the thesis demonstrates that human trafficking is not a human rights violation, save for a state involvement in it, either directly or through a failure to observe its positive obligations imposed by the existent human rights. In situations that do engage human rights law, the thesis defends an argument that conceptually, human trafficking falls within a domain of the right to be free from slavery, servitude and forced labour. This argument is grounded in both a doctrinal and a conceptual analysis. In particular, the thesis conducts a unique conceptual and legal analysis of Article 4 of the European Convention of Human Rights offering an original interpretation of the concept of exploitation in the context of practices associated with trafficking and 'modern slavery'. This type of inquiry is missing in the existent scholarship. The thesis also conducts a detailed analysis of the jurisprudence of the European Court of Human Rights on positive obligations to protect vulnerable individuals arising out of 'absolute' rights. In addition to providing a complete analysis and classification of these positive obligations, the thesis draws attention to the important difference between the scope of the right and the scope of state responsibility in situations of private infringements of 'absolute' rights. Accordingly, the thesis demonstrates that whereas the prohibition contained in these rights is absolute for the state, positive obligations in situations of their infringements by private individuals are of a limited scope. The analysis of the jurisprudence of the Strasbourg Court is supplemented by a comprehensive discussion of the obligations established in the trafficking-specific instruments. The thesis explains how victim protection provisions contained in these instruments may inform human rights obligations, yet, it demonstrates that these do not represent such obligations on their own. This analysis provides a roadmap for practitioners and activists when arguing cases before the Strasbourg Court and domestically. In addition to this practical dimension, the thesis intends to provide an important contribution to the scholarship on human rights law, and on human trafficking specifically.
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Hastie, Bethany. "By any means necessary: towards a comprehensive definition of coercion to address forced labour in human trafficking legislation." Thesis, McGill University, 2012. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=106622.
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With the substantial rise in global migration in recent years, human trafficking and forced labour are becoming increasingly important international and domestic legal issues. A decade since the inception of the Palermo Protocol, States continue to grapple with the legal definitions associated with human trafficking. This is particularly evident with respect to the concept of coercion, and its prevalence in the realm of forced labour. This thesis explores the meaning of coercion as it applies to human trafficking, and particularly to forced labour, in an effort to address the complexity of this concept from both an international perspective, and specifically in its application to Canadian law against human trafficking. This thesis posits that coercion is non-physical in nature and is employed through threats and penalties which target particular vulnerabilities of victims. This thesis develops a legal conceptual framework to define coercion which can inform domestic and international law in improving the criminal justice response to human trafficking and applies this framework to the current Canadian Criminal Code offence against human trafficking to demonstrate existing gaps, and to propose legislative reform which can improve the investigation and prosecution rates of forced labour cases in Canada.<br>La traite des êtres humains et le travail forcé présentent des enjeux juridiques nationaux et internationaux de plus en plus importants. Une décennie après la mise en œuvre du Protocole de Palerme, les Etats continuent à débattre des définitions juridiques associées à la traite humaine. Cela est particulièrement évident concernant le concept de contrainte, et sa prévalence dans le domaine du travail forcé. Ce mémoire explore la signification de la contrainte telle qu'elle s'applique à la traite des êtres humains, et plus particulièrement au travail forcé, afin d'adresser cette question complexe par une double perspective internationale et canadienne, en la confrontant à la loi domestique contre la traite des êtres humains. Ce mémoire postule que la contrainte est de nature non-physique et qu'elle est utilisée efficacement par des menaces et sanctions qui ciblent les vulnérabilités particulières des victimes. Ce mémoire développe un cadre juridique pour définir le concept de contrainte, afin d'informer les lois nationales et internationales dans un but d'améliorer la réponse pénale à la traite des êtres humains. Ce cadre juridique est ensuite opposé à la lettre de l'infraction portant sur la traite des êtres humains, telle que présentement comprise dans le Code criminel du Canada, afin de démontrer les lacunes existantes, et de proposer des réformes législatives qui pourront améliorer le taux de réussite des enquêtes et des poursuites portant sur le travail forcé au Canada.
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Davis, Tina. "Exploitation And Forced Labour Practices Of Working Holiday-Makers In The Australian Fresh Food Supply Chain: A Structural Approach." Thesis, The University of Sydney, 2016. http://hdl.handle.net/2123/17850.
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This thesis examines the dynamics and processes that drive exploitation and forced labour of temporary migrant workers in the Australian fresh food supply chain. The thesis argues that forced labour needs to be understood as a broader paradigm to capture the multiple factors and root causes that make supply chains in the Global North a site for exploitation. Through a study of working holiday-makers in the horticulture sector, this thesis explores the roles labour contractors, farmers, supermarkets and the state play in shaping a labour market that is conducive to the emergence of exploitation. Each of these actors, as part of the production network, affect the level of precariousness that working holiday-makers experience in horticulture. The study is thus motivated by the question of what produces and drives exploitation and forced labour at the intersection of the fresh food supply chain with the labour supply chain in Australia. This thesis integrates the theoretical concepts of forced labour and precarious employment into a “continuum of exploitation” research framework, which is then applied to examine the specific sector of horticulture. The qualitative methodological approach is two-fold. Firstly, secondary data were collected and evaluated. Second, expert interviews were conducted and evaluated through thematic analysis. This dual methodological approach addresses the factors and dynamics that drive and shape exploitation. In sum, the exploitation of temporary migrant workers in supply chains emerges as a product of precarious employment that is driven by structural factors. Therefore, this thesis concludes that exploitation and forced labour in supply chains in the Global North will not decrease unless it is addressed from a systemic perspective where response strategies are extended from an individual perpetrator approach to also include structural factors.
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Benneyworth, Garth Conan. "Traces of forced labour – a history of black civilians in British concentration camps during the South African War, 1899-1902." University of the Western Cape, 2016. http://hdl.handle.net/11394/5466.
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Philosophiae Doctor - PhD<br>During the South African War of 1899-1902 captured civilians were directed by the British army into military controlled zones and into refugee camps which became known as concentration camps. Established near towns, mines and railway sidings these camps were separated along racial lines. The British forced black men, women and children through the violence of war into agricultural and military labour as a war resource, interning over 110,000 black civilians in concentration camps. Unlike Boer civilians who were not compelled to labour, the British forced black civilians into military labour through a policy of no work no food. According to recent scholarly work based only on the written archive, at least 20,000 black civilians died in these camps. This project uses these written archives together with archaeological surveys, excavations, and oral histories to uncover a history of seven such forced labour camps. This approach demonstrates that in constructing an understanding and a history of what happened in the forced labour camps, the written archive alone is limited. Through the work of archaeology which uncovers material evidence on the terrain and the remains of graves one can begin to envisage the scale an extent of the violence that characterized the experience of forced laborers in the 'black concentration camps' in the South African War.
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Terry, N. "The German army group centre and the Soviet civilian population, 1942-1944 : Forced labour, hunger and population displacement on the Eastern front." Thesis, King's College London (University of London), 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.429122.
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This thesis examines the impact of war on the Soviet civilian population in the territory of central Russia and Belorussia occupied by the German Army Group Centre between the years of 1942 and 1944. It focuses specifically on three interrelated policy complexes, namely the exploitation of civilian labour; agricultural requisitioning and civilian rationing; and finally practices of evacuation and population displacement. It investigates not only German planning and implementation, but also the Soviet civilian response as well as the German counter-response to civilian reactions. The thesis is based on primary sources drawn from the records of German military and civil authorities as well as postwar Soviet war crimes investigations. Manpower shortages created by strategic overstretch as well as the heavy casualties suffered on the Eastern Front led the German Army to practice not only the recruitment or forcible conscription of civilian workers for labour on the German home front as so-called 'Eastern Workers', but also to use civilian labour extensively at the front itself. Just as the German Army relied on civilian labour to fill out its ranks, so, too, did it apply the practice of "living off the land", drawing as much of its requirements for food and fodder from local resources as was possible, with destructive consequences for the food supply for the civilian population in the towns and in the combat zone immediately behind the frontline. Rations were therefore channelled to the working population, leaving dependants with little or no food. Food shortages led to many deaths from starvation as a result. To relieve the troops of the unwanted burden of feeding civilians regarded as unfit for work, but also to round up labourers, the German Army used forcible evacuation as its preferred solution to the problems of shortages of food and labour. This resulted in the displacement of hundreds of thousands of civilians from their homes, creating a chronic refugee crisis. This thesis concludes that by waging war on and with the civilian population, the German Army was able to prolong the war on the Eastern Front.
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Anjani, Astari. "Impediments to Accessing Effective Remedies for Cross-Border Business-Related Human Rights Violations: Indonesia’s Benjina Forced Labour and Montara Oil Spill Case Studies." Thesis, The University of Sydney, 2021. https://hdl.handle.net/2123/26918.
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Victims of business-related human rights violations often met various impediments in pursuing effective remedies. Such obstacles tend to be exacerbated in cross-border business & human rights (BHR) cases, & distinct challenges were encountered in efforts to obtain remedies through public law enforcement or private law claims. These impediments were displayed in two recent cross-border BHR cases involving Indonesia: the Benjina Forced Labour case & the Montara Oil Spill case.
In the Benjina case, uncovered in 2015, thousands of Southeast Asian fisherfolk were trafficked to Benjina Island in eastern Indonesia & subjected to forced labour in Indonesian waters to supply Thail&’s seafood industry. These forced labour practices were perpetrated by PT Pusaka Benjina Resources, an Indonesian joint venture company controlled by a Thai-owned, British Virgin Island-based parent company. Meanwhile, the Montara case pertains to transboundary pollution from an offshore oil rig explosion in Australia’s Montara oilfield in 2009. The oil spill harmed the environment of Indonesia’s Rote Island & affected the local residents’ livelihood & health. The oil rig was run by PTTEP Australasia, an Australian subsidiary of Thai-based petroleum company, PTT Exploration & Production Public Company Limited.
This thesis specifies the legal & practical barriers that impeded effective access to remedies in the two case studies. In particular, the thesis analyses the gaps & weaknesses in existing regulations & enforcement capacity that may have contributed to the impediments encountered in the cases. The ‘reality check’ presented in this research can provide a useful reference for ongoing law reform efforts to facilitate more attainable access to remedies in future cross-border BHR cases.
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Knutsson, Douglas. "To Regulate or not to Regulate? : Evaluating the Relationship between Prostitution Laws and Trafficking Flows." Thesis, Uppsala universitet, Nationalekonomiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-390155.
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Yearly, hundreds of thousands of people are trafficked across borders, most often against their will or without their knowledge. Albeit having been a part of our history, our present and, sadly, probably our future, this form of modern slavery remains rather unexplored in quantitative research due to the lack of reliable data. By using a gravity model, this study investigates how trafficking is affected by prostitution laws. The strength of this paper lies in being able to disentangle the effect of prostitution laws on different types of trafficking and to look at both total trafficking flows as well as only cross-border flows. The results point towards there being a mostly negative correlation between legal prostitution and trafficking inflows, however, most results become insignificant when adding rule of law (a proxy for legal enforcement) to the specification. Allowing for third party involvement and solicitation might be correlated an increase in the inflow of victims exploited for sexual services, this is, however, statistically insignicant. For victims of forced labour, results are more equivocal, illustrating the potentially misleading conclusions that might be drawn in studies looking only at the effects of prostitution laws on total trafficking flows.
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Mirei, Omar. "Trafficking in human beings for forced labour in domestic and international law : a comparative legal study of the Kingdom of Saudi Arabia and the United Kingdom." Thesis, Abertay University, 2016. https://rke.abertay.ac.uk/en/studentTheses/2ec52521-f713-4ad7-ae1e-7edcd606afae.
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This thesis examines the effect of combating of human trafficking as a crime. Special emphasis has been placed on forced labour and the rights of trafficked victims and their protection. The study explores various legislations undertaken at regional, national and international levels and considers rights of trafficked victims under international human rights and Islamic rights. The aim of the thesis is to provide a critical and comparative analysis of the legal systems of the Kingdom of Saudi Arabia (KSA) and the United Kingdom (UK) in terms of human trafficking. The thesis consists of eight chapter; each covering a different aspect of the study. It begins by providing background information regarding the issue of human trafficking and proceeds to examine developments of legal frameworks across the two jurisdictions to combat this crime and penalize the criminals. It seeks to examine the legal system pertaining to human trafficking for forced labour and analyse the three distinct platforms, that is, prevention, protection, and punishment, by comparing the legal systems of the KSA and the UK. The examination of both countries aims to identify the strength and weaknesses of the KSA system as compared to the UK system. Thus, it concludes that the KSA can improve its ranking from Tier 2 watch list to Tier 1 if reforms are introduced in the legislation and enforcement domains. The study also demonstrates how the UK and the KSA portray ‘human trafficking’ in their regional laws. A problem often faced during the information-gathering and investigation stages is the lack of available evidence against traffickers, a particular issue in the KSA. The thesis concludes that the transnational aspect of this phenomenon makes it necessary to establish a thorough and comprehensive legal framework to cover all matters pertaining to this crime, including the protection of victims and punishment of criminals in the KSA and the UK, including immigration and ‘kafala’ strategies that may be of value in future researches.
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Martins, Renata Duval. "Servidão doméstica : uma análise do caso Siwa-Akofa Siliadin à luz das normas da organização internacional do trabalho." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2017. http://hdl.handle.net/10183/165132.
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O presente estudo tem por escopo analisar o caso da jovem Siwa-Akofa Siliadin, aliciada no Togo, em 1994, para prestar serviços na França como doméstica. Ao chegar no país foi submetida à servidão, impedida de completar os seus estudos e sem receber qualquer remuneração pelos serviços prestados, tampouco direitos laborais mínimos como o limite da jornada de trabalho diária, o descanso semanal remunerado e a habitação adequada lhe foram fornecidos. Trata-se de um leading case que aborda as práticas de tráfico humano, de trabalho forçado e de servidão doméstica. A escravidão contemporânea ocorre através do trabalho forçado, este se dividindo em espécies dentre as quais estão o trabalho escravo, a servidão e a servidão por dívida. Com quaisquer destas práticas pode ocorrer simultaneamente o tráfico de pessoas. A prática da escravidão doméstica, também chamada de servidão doméstica, inclui-se no rol de trabalhos forçados, verificando-se no caso concreto a qual das espécies de servidão pertence. Ocorre tanto em países ricos quanto em países emergentes e tem como grupo de pessoas mais vulnerável aos aliciadores as mulheres, os menores de idade, os migrantes, os pobres, os de baixa escolaridade. Normas internacionais laborais proíbem a escravidão contemporânea em todas as suas formas e obrigam os Estados a legislar a fim de coibir tenazmente em seu território tais condutas. Quando um Estado falha em prestar a necessária proteção ao trabalhador, não sendo possível a este se socorrer sequer no Poder Judiciário, pode a vítima pleitear alguma reparação nas Cortes Internacionais de Direitos Humanos. No caso ora analisado, as decisões das cortes nacionais francesas poderiam ter sido proferidas com base em normas da Organização Internacional do Trabalho internalizadas pela França, bem como normas não ratificadas poderiam ter sido utilizadas em caráter interpretativo da vaga e escassa legislação pátria. Em âmbito internacional, o Tribunal Europeu de Direitos Humanos não é o único órgão dotado de capacidade punitiva, a própria Organização Internacional do Trabalho pode ser acionada por meio de reclamação ou queixa contra Estados Membros que ratificam normas e as descumprem ou negligenciam sua efetividade, podendo esta punição ser aplicada concomitantemente à proferida pela supracitada Corte. O estudo é dividido em três partes: a primeira aborda as especificidades do caso Siliadin, conceitos pertinentes aos fatos narrados, estudo do processo judicial em âmbito francês e análise da decisão do Tribunal Europeu de Direitos Humanos; a segunda analisa as normas da Organização Internacional do Trabalho como normas de jus cogens laboral e núcleo duro de direito laboral, ressaltando como consequências à violação das referidas normas as reclamações e as queixas à Organização Internacional do Trabalho; a terceira analisa a incorporação e aplicação do direito internacional no âmbito interno dos Estados, frisando a possibilidade do emprego de normas da Organização Internacional do Trabalho na solução do litígio entre Siliadin e os empregadores.O método utilizado no presente trabalho é o indutivo, bem como se valeu da análise de caso com base em normas específicas da Organização Internacional do Trabalho sobre trabalho forçado (nº 29 e nº 105), discriminação (nº 100 e nº 111), trabalho doméstico (nº 189), trabalho infantojuvenil (nº 138 e nº 182) e trabalho do migrante (nº 143). Por fim, conclui-se pela necessária aplicação do direito internacional laboral na esfera processual interna dos Estados e a maior ingerência dos organismos internacionais trabalhistas a fim de garantir a efetividade das normas internacionais laborais.<br>This study aims to analyze the case of Siwa-Akofa Siliadin, a teenager enticed in the Togo, in 1994, into providing services as a domestic servant in France. Upon arriving in the country she was subjected to bondage, could not go to school and received neither payment for her services nor the minimum labor rights, such as limit to daily working hours, weekly paid rest and an adequate housing. It is a leading case which deals with human trafficking practices, forced labor and domestic servitude. Contemporary slavery takes place through forced labor, comprised into species among which are slave labor, servitude and debt bondage. With any of these practices trafficking of persons can occur simultaneously. The practice of domestic slavery, also called domestic servitude, is included in the list of forced labor, verifying to which species of bondage each case belongs. It occurs both in rich countries and emerging countries and the most vulnerable persons are women, minors, migrants, the poor, and the less educated. International labor standards prohibit contemporary slavery in all its forms and require states to legislate to curb such conduct tenaciously in their territory. When a state fails to provide the necessary protection to workers, not making possible for them even to seek help from the judiciary power, the victim can claim some compensation in the international human rights courts. In the case under analysis, the decisions of the French national courts could have been rendered based on standards of the International Labour Organization internalized by France, and unratified standards could have been used to interpret vague and scarce national legislation. Internationally, the European Court of Human Rights is not the only body with punitive capacity, the International Labour Organization itself can be activated by means of complaint or claim against member states that ratify standards and then violate or neglect their effectiveness, and this punishment may be applied simultaneously to that decided by the above cited court. The study is divided into three parts: the first one dealing with the specificities of the Siliadin case, concepts related to the facts narrated, the study of the judicial process in French courts and analysis of the decision of the European Court of Human Rights; the second examining the norms of the International Labor Organization as labor jus cogens and labor law hard core, highlighting as consequences to the violation of these rules complaints and claims to the International Labor Organization; the third analyzing the incorporation and application of international law in the domestic sphere of the States, emphasizing the possibility of the use of International Labor Organization rules in resolving the dispute between Siliadin and the employers. The method used in this work is the inductive, and also the case analysis based on specific standards of the International Labour Organization on forced labor (no. 29 and no. 105), discrimination (no. 100 and no. 111), domestic service (no. 189), child labor (no. 138 and no. 182) and migrant labor (no. 143). Finally, it is concluded by the necessary application of international labor law in the domestic procedures of the States and the greater interference of international labor organizations in order to ensure the effectiveness of international labor standards.
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Helgesson, Alf. "Church, State and People in Mozambique : An Historical Study with Special Emphasis on Methodist Developments in the Inhambane Region." Doctoral thesis, Uppsala : Uppsala univ, 1994. http://catalogue.bnf.fr/ark:/12148/cb36677511d.
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Tena, Sophie. "L'interdiction de l'esclavage moderne en droit international et européen : la modernisation nécessaire des cadres juridiques contemporains." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10070.
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Tragédie humaine et crime que l'on préfère croire d'un autre temps, l'esclavage n'a jamais été aussi prospère que depuis la proclamation officielle de son abolition. Dès lors, son éradication se heurte à un manque flagrant de juridictionnalisation et à l'absence de mise en oeuvre de politiques publiques concrètes. Dans le même temps, l'intervention vigoureuse des forces de l'ordre est entravée, ce qui permet aux trafiquants de jouir d'une relative impunité. De prime abord, il peut paraître simple de définir ce qu'est l'esclavage tant la notion semble entendue et le sujet d'actualité. Mais au-delà de cette image d'Epinal véhiculée par la traite transatlantique négrière, l'esclavage perdure et ses avatars modernes se superposent à ses formes anciennes. La nature transnationale de ce crime, l'anonymat de ces auteurs facilité par l'évolution des technologies et la difficulté d'en identifier ses victimes amènent à se demander si la sphère internationale n'est finalement pas la plus à même de lutter contre les pratiques esclavagistes. De plus, faire respecter l'interdiction des pratiques esclavagistes passe aujourd'hui par une approche multidisciplinaire du phénomène qui doit être réalisée à l'échelle internationale de manière à saisir pleinement l'envergure de ce qu'est réellement l'esclavage, mais implique toutefois une coopération des Etats. En effet, bien plus qu'une simple problématique juridique, fut-elle d'envergure internationale, la lutte contre l'esclavage contemporain implique également une prise de conscience de la sphère politique et un engagement de la société civile sans lesquelles aucunes mesures ne pourraient être efficacement appliquées<br>Human tragedy and crime that we prefer to think of another time, slavery has never been so prosperous since the official announcement of its abolition. Therefore, its eradication is facing a serious lack of jurisdictionalisation and a lack of enforcement of specific public policies. At the same time, the vigorous intervention of the authorities is obstructed that which allow a relative impunity to the traffickers.Prima facie it may seem easy to define slavery as the concept seems to heard and the current topic. But beyond this idyllic picture conveyed by the transatlantic slave trade, slavery persists and its modern avatars overlap with its ancient forms. The transnational nature of this crime, the anonymity of the authors facilitated by technological developments and the difficulty of identifying his victims, lead us to wonder if the international sphere is not actually the best able to fight against slavery. Furthermore, enforcing the prohibition of slavery going on today by a multidisciplinary approach to the phenomenon which must be done internationally in order to fully grasp the scale of what slavery really is, but involves, however, cooperation of States. Indeed more than a simple legal question, even with an international scope, the fight against contemporary slavery also involves an awareness of the political sphere and a commitment of the civil society without which no measures could be effectively applied
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Sikka, Annuradha. "Trafficking in Persons in Canada: Looking for a "Victim"." Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31786.
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This dissertation looks at the concept of “trafficking in persons” and how it has been created, interpreted and utilized in the international sphere and in Canada. Using the approach of Critical Legal Pluralism (CLP), it examines the legal regulation of trafficking as being created through a bi-directional constitutive process, with paradigmatic conceptions of trafficking having a hand in creating regulation as well as being influenced by it. Through a review of data retrieved using a variety of qualitative methods as well as classic legal analysis, this dissertation explores the operation of various social actors and their effect on the determination of what trafficking is, and who is worthy of protection from it.
In Part One the international framework is outlined through a discussion of the creation of the dominant paradigm of trafficking and implementations of it. Chapter One traces the history of the anti-trafficking movement by looking at the development of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, and by examining the creation of dominant discourses around trafficking. Chapter 2 uses CLP to examine the influences of a variety of actors on the creation of these discourses and the repercussions the discourses have had on the implementation of anti-trafficking policies.
Part Two then turns to the Canadian context. In Chapter Three, classical legal methodologies are employed to discuss Canada’s obligations under international law with respect to trafficking, as well as the creation of definitions of trafficking in the Canadian legal regulatory context. Chapter Four then reviews data from Canada to discuss the ways in which various actors have been involved in the creation and operation of the dominant paradigm and how it in turn affects the operation of trafficking-related legal constructs. Ultimately, it is found that due to the influence of the dominant paradigm and the motivations that aid in its operation, programs and policies framed under the rubric of “trafficking” necessarily fail to achieve meaningful redress for the groups they purport to benefit.
On this basis, an alternative approach is suggested to address phenomena currently being dealt with through anti-trafficking frameworks. A move is suggested away from a focus on “trafficking” to a sectoral approach, accounting for the complexities and histories of individuals subject to exploitative circumstances.
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Ozbek, Aysegul. "New Actors Of New Poverty: The "." Master's thesis, METU, 2007. http://etd.lib.metu.edu.tr/upload/12608389/index.pdf.
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This study aims to analyze the socio-economic characteristics, living and working conditions, educational profiles and the future expectations of the child workers, who have been living in tents for many years and working as agricultural workers at Karagö<br>ç<br>er and Kapikö<br>y areas of Tuzla Municipality (KarataS District) of Adana Province since the early 90s after having been forced to vacate their villages in Sirnak. Thesis tries to expose the poverty, deprivation and social exclusion experienced by families and children presently living in tents in Karagö<br>ç<br>er and Kapikö<br>y. It is also aimed at exposing the ways in which these people are deprived of their social and political rights as citizens.
The main research question of the study is the motives behind the child labour observed in Karagö<br>ç<br>er and Kapikö<br>y. The study has found that the phenomenon of child labour in this area is the direct consequence of poverty, deprivation, social exclusion and denial of citizenship rights that these families had to face as a result of forced migration early in the 90s. Therefore, the study underlines, in conceptual terms, how their unfavourable circumstances lead to deep child poverty and consequently child labour and thesis also tries to bring attention to the children&<br>#8217<br>s situation by referring to their families&<br>#8217<br>poverty, deprivation, social exclusion and lack of citizenship rights. In this respect, the theory section of the thesis focuses on the relation of child labour and child poverty within the conceptualization of new poverty, internal displacement (forced migration), social exclusion and citizenship rights.
One of the main argument of this thesis is that children from Sirnak who work in fields in Tuzla constitutes a different category of child labour. Even though they are paid child workers working in the agricultural sector and they live like migrant seasonal agricultural workers, they are not, since they are settled in the region for a long time. Another important argument of the study is that families of these children after the evacuation of their village did not migrate to urban areas like most of the internally displaced people did but moved to rural areas. In this sense, they are also in disadvantaged condition compared to other internally displaced people since they can not benefit from many social services, which is easy to reach in urban settings. Therefore, this study makes clear that the children and their families examined in this study are the part of the worst form of poverty in Turkey.
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Boroumand, Armin. "L'exploitation des enfants par le travail en droit international, européen et iranien : étude normative comparée." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA001.
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D’après la Convention n° 182 de l’OIT, toutes les formes d’esclavage ou pratiques analogues, telles que la servitude pour dettes et le servage, la traite, le travail forcé, ainsi que le recrutement obligatoire des enfants dans les conflits armés figurent parmi les pires formes de travail des enfants. Ledit instrument regroupe l’ensemble de ces notions dans une seule et même catégorie pouvant donner lieu à une possible ambiguïté. Le but de ce travail est de faire toute la lumière sur les nuances qui distinguent chacune de ces notions en droit international, européen (en particulier, le droit du Conseil de l’Europe) et iranien. Cette thèse se compose de deux parties. La première partie traite de l’évolution du cadre juridique international, européen et iranien dans la lutte contre le travail des enfants dans son ensemble. La deuxième partie, quant à elle, se penche sur les formes particulièrement graves de travail des enfants, d’ordre économique, qui nécessitent de ce fait un régime juridique spécifique<br>Child Labour and Child Exploitation in International, European and Iranian law (a Comparative Legal Study): According to the ILO’s Convention No. 182, all forms of slavery or similar practices, such as debt bondage and serfdom, trafficking, forced labour and compulsory recruitment of children for use in armed conflicts appear among the worst forms of child labour. The aforementioned Convention classifies all these concepts into a singlecategory which may give rise to a possible ambiguity. The aim of this thesis is to shed light on the nuances of each of these notions in international, European (in particular, Council of Europe) and Iranian law. This thesis consists of two parts. The first part deals with theevolution of the international, European and Iranian Legal framework in the fight against child labour in general. The second part particularly focuses on grave forms of child labour of economic nature which require a specific legal regime
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CAVANNA, PAOLA. "Lavoro forzato e altre forme di sfruttamento nel settore agro-alimentare: una strategia preventiva." Doctoral thesis, Università Cattolica del Sacro Cuore, 2017. http://hdl.handle.net/10280/19075.
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La tesi si concentra sulla prevenzione dello sfruttamento lavorativo nel settore agro-alimentare. L’Italia è tenuta costantemente al centro delle riflessioni per offrire esempi puntuali, costantemente ‘situati’ all’interno di una visione globale, al crocevia tra il mercato del lavoro e le politiche migratorie. Lo studio criminologico del fenomeno è stato il punto di partenza per testare la capacità di prevenzione e contrasto dell’attuale sistema giuridico, analizzato secondo una logica stadiale. Facendo tesoro delle indicazioni provenienti dalla letteratura sociologica e dalla moderna vittimologia, la parte conclusiva è interamente dedicata alla proposta di una strategia di prevenzione/regolazione ispirata al dinamismo politico criminale introdotto dalla responsive regulation di John Braithwaite. Mettendo a sistema risposte innovative e buone pratiche, la tesi elabora specifiche raccomandazioni di policy, servendosi anche dei rami non penalistici dell’ordinamento giuridico. Una tale politica criminale multi-livello dovrebbe, prima di tutto, rafforzare il rifiuto sociale di qualsiasi forma di sfruttamento, sapientemente e gradualmente impiegando un variegato strumentario sanzionatorio al fine di costruire la conformità mediante il consenso ai precetti (auto-regolazione imposta, sanzioni amministrative con ‘messa alla prova’ e sanzioni penali come extrema ratio). L’analisi comparata delle legislazioni più innovative ha svolto un ruolo cruciale per l’elaborazione di una tale proposta.<br>The thesis focuses on the prevention of labour exploitation, specifically targeting the agri-food sector. Italy is at the centre of the reflection to provide for tangible examples within a global perspective, at the intersection of labour market and migration policies. A better knowledge of the phenomenon and its complexities has been the starting point for examining the ability of the current (intertwined) legal framework to deal with employers who breach the rules, from low-level non-compliance to serious criminality (i.e. slavery and trafficking). Accordingly, a preventive strategy has been designed bringing the theoretical framework of responsive regulation (Ayres-Braithwaite 1992) into the research on labour exploitation, in turn conceptualised as a form of corporate crime. Building further on existing ‘good’ laws and practices, specific policy recommendations have been provided utilizing all fields of law. Such a hybrid criminal policy should start by strengthening society’s rejection to any form of labour exploitation, strategically rising to more punitive remedies for the purpose of building compliance (i.e. mandated self-regulation, administrative sanctions with ‘corporate probation’ and criminal law as last resort). In doing so, a main contribution has come from comparative analysis.
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CAVANNA, PAOLA. "Lavoro forzato e altre forme di sfruttamento nel settore agro-alimentare: una strategia preventiva." Doctoral thesis, Università Cattolica del Sacro Cuore, 2017. http://hdl.handle.net/10280/19075.
Full textAbstract:
La tesi si concentra sulla prevenzione dello sfruttamento lavorativo nel settore agro-alimentare. L’Italia è tenuta costantemente al centro delle riflessioni per offrire esempi puntuali, costantemente ‘situati’ all’interno di una visione globale, al crocevia tra il mercato del lavoro e le politiche migratorie. Lo studio criminologico del fenomeno è stato il punto di partenza per testare la capacità di prevenzione e contrasto dell’attuale sistema giuridico, analizzato secondo una logica stadiale. Facendo tesoro delle indicazioni provenienti dalla letteratura sociologica e dalla moderna vittimologia, la parte conclusiva è interamente dedicata alla proposta di una strategia di prevenzione/regolazione ispirata al dinamismo politico criminale introdotto dalla responsive regulation di John Braithwaite. Mettendo a sistema risposte innovative e buone pratiche, la tesi elabora specifiche raccomandazioni di policy, servendosi anche dei rami non penalistici dell’ordinamento giuridico. Una tale politica criminale multi-livello dovrebbe, prima di tutto, rafforzare il rifiuto sociale di qualsiasi forma di sfruttamento, sapientemente e gradualmente impiegando un variegato strumentario sanzionatorio al fine di costruire la conformità mediante il consenso ai precetti (auto-regolazione imposta, sanzioni amministrative con ‘messa alla prova’ e sanzioni penali come extrema ratio). L’analisi comparata delle legislazioni più innovative ha svolto un ruolo cruciale per l’elaborazione di una tale proposta.<br>The thesis focuses on the prevention of labour exploitation, specifically targeting the agri-food sector. Italy is at the centre of the reflection to provide for tangible examples within a global perspective, at the intersection of labour market and migration policies. A better knowledge of the phenomenon and its complexities has been the starting point for examining the ability of the current (intertwined) legal framework to deal with employers who breach the rules, from low-level non-compliance to serious criminality (i.e. slavery and trafficking). Accordingly, a preventive strategy has been designed bringing the theoretical framework of responsive regulation (Ayres-Braithwaite 1992) into the research on labour exploitation, in turn conceptualised as a form of corporate crime. Building further on existing ‘good’ laws and practices, specific policy recommendations have been provided utilizing all fields of law. Such a hybrid criminal policy should start by strengthening society’s rejection to any form of labour exploitation, strategically rising to more punitive remedies for the purpose of building compliance (i.e. mandated self-regulation, administrative sanctions with ‘corporate probation’ and criminal law as last resort). In doing so, a main contribution has come from comparative analysis.
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Erpelding, Michel. "Le droit international antiesclavagiste des "nations civilisées" (1815-1945)." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D011.
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L'interdiction de l'esclavage constitue une norme fondamentale du droit international contemporain: figurant dans les principaux instruments de protection des droits de l'homme, elle est souvent citée comme l'exemple-type d'une obligation dont le respect intéresse la communauté internationale dans son ensemble et revêt un caractère impératif. La présente étude s'intéresse aux origines de cette interdiction, telle que reflétée par la pratique étatique et discutée par la doctrine, avant l'émergence d'un droit international des droits de l'homme à la suite de la Seconde Guerre mondiale. Elle soutient qu'au XIXe siècle et pendant la première moitié du XXe siècle, l'affirmation d'un droit international antiesclavagiste et la définition du cadre conceptuel dans lequel celui-ci s'effectuait était étroitement dépendante de la capacité des États occidentaux de se définir eux-mêmes, par rapport au reste du monde, comme des« nations civilisées ». Nos recherches démontrent qu'une question récurrente à cette époque fut de savoir si une« nation civilisée» ayant formellement aboli l'institution esclavagiste pouvait être accusée, en tolérant ou en imposant certaines formes de travail forcé non fondées sur la reconnaissance formelle d'un droit de propriété sur des êtres humains, de s'être livrée à des actes illicites au regard du droit international antiesclavagiste. Or ce n'est finalement qu'en 1945, au terme d'une remise en cause sans précédent de la notion même de« civilisation », que les signataires du Statut de Nuremberg adoptèrent le premier instrument conventionnel y apportant une réponse positive<br>The prohibition of slavery is a fundamental rule of contemporary international law. It has been incorporated into all major international human rights conventions. The International Court of Justice cited it as an international obligation in whose protection all states have a legal interest. Most international law scholars refer to it as the very example of a peremptory norm. The present study examines the origins of the international prohibition of slavery, as reflected by state practice and scholarly writings. It focuses on the period prior to the emergence of international human rights law in the aftermath of the Second World War. Its main argument is that during the 19th century and the first half of the 20th century, the emergence of international anti-slavery law and the definition of its conceptual framework was closely dependent on the capacity of Western states to define themselves, when compared to the rest of the world, as “civilized nations.” My research shows that a recurring question during that period was whether a “civilized nation” which had formally abolished slavery could still be accused of breaching international anti-slavery law by tolerating or exacting certain forms of forced labour not based on the recognition of property rights over human beings. It is only in 1945, after a period during which the very notion of “civilization” had largely fallen into disrepute, that the signatories of the Nuremberg Charter adopted the first treaty positively recognizing that this could indeed be the case
30
Kuner, Janosch O. A. "The war crimes trial against German Industrialist Friedrich Flick et al - a legal analysis and critical evaluation." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1823_1363782732.
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<p>This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The <br>proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can be drawn from the Flick case in respect of the substance of present-day international criminal law. <br />
 <br></p>
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Daba, Genet. "Rural labour force in Ethiopia." Thesis, Canberra, ACT : The Australian National University, 1987. http://hdl.handle.net/1885/123101.
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This study is based on males and females aged 10+ in the 1981/82
Rural Labour Force Survey. It analyzes the results of the usual and
current status approach which were used in the survey. The usual status
approach showed higher participation rates than the current status
approach for all age groups.
Unemployment and underemployment in rural Ethiopia are also
examined and it is found that underemployment as measured by hours
worked is more prominent than open unemployment. One reason for low
open unemployment is suspected to be the conventional definition of
unemployment which in most cases does not represent the rural situation
and secondly open unemployment appears to be truly rare in rural
Ethiopia.
The levels and patterns of male and female labour force
participation are discussed. Males at all ages have higher
participation rates than females. The gross years of active life of
males is high compared to that of females. Male participation is low in
the entry ages, rises to its maximum in the prime ages and again
decrease in the retirement ages. Female labour force participation
exhibits the central peak pattern.
The relationship between some demographic and social variables and
male and female participation are discussed. Marital status affects
male labour force participation, with married men having higher rates
while migration does not seem to affect male participation rates.
Demographic variables such as migration, marital status, and
relationship with head of household have significant effect on female
participation rates.
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Thompson, Adrian. "Labour-force participation and disability in the UK labour-market." Thesis, Keele University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.339778.
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Wadsworth, Jonathan. "Labour mobility in Britain : evidence from the Labour Force Survey." Thesis, London School of Economics and Political Science (University of London), 1990. http://etheses.lse.ac.uk/2810/.
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Labour mobility is a means by which to allocate human resources efficiently. The movement of labour into areas or states where it can increase individual worth, benefits the aggregate economy. This thesis is an empirical investigation of five aspects of labour mobility in Britain. A recurring theme of this study is the interaction between unemployment and mobility. We utilise information from the British Labour Force Surveys as the basis for our study. Specifically we examine: 1) The impact of unemployment on the inter-regional mobility of labour. We find that unemployment experience, and not regional differentials, increase the likelihood of migration. Further the regional allocation process functions less effectively at higher levels of aggregate unemployment. 2) The job search behaviour of employed workers. We show how worker satisfaction, as principally captured by length of job tenure, plays the largest role in the decision to seek work. The type of search strategy undertaken is partly dependent on the level of local labour demand. 3) The influence of unemployment benefit on job search effort. We demonstrate how benefit receipients search more extensively than others. Benefit claimants have a higher probability of locating a job offer. 4) Labour market transitions. Utilising a specially constructed dataset, we estimate annual probabilities of movement between employment, unemployment and inactivity. Worker heterogeneity is shown to explain the majority of these transitions, 5) Inter-firm mobility. Job-shopping by workers is an essential pre-requisite for eventual long-term, productive job matches. High levels of unemployment are shown to impede the job-shopping process.
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McDonald, Sarah. "Quantification of forces exerted through labour." Thesis, The University of Sydney, 2018. http://hdl.handle.net/2123/20814.
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This thesis is about applying a multidisciplinary approach in order to better understand the labour process. To do this the author, a mechatronic engineer, had to understand what is medically known about labour and become familiar with the clinical process. This thesis explores literature related to pregnancy and labour, as well as the literature covering clinical assessments and the related supporting technology. This literary understanding was enhanced through experiences in the clinical environment. This work then combines literature and clinical learnings to best apply an engineering approach to the development of initial models and simulations. Normal labour progression was modelled by deriving formulas that focused on quantifying the forces required to dilate the cervix. These were tested using measurements from the literature and showed promise for use with clinical data. Describing the process used to develop monitoring technology, this thesis steps through the process of developing a technology that would allow women in labour to be monitored without impact to their comfort or interfering with the birthing process itself. In addition, methods used to collect clinical data from 81 women in labour are described. The thesis then combines the learnings discussed, to describe the developed methods for automatic contraction identification and models to better quantify the forces presented in labour to achieve cervical dilatation. This work provides value for both medical and engineering disciplines. It contributes to the understanding of normal labour progression and the forces exerted in labour. It shows how a multidiscipline approach can be used to better understand and solve long standing medical problems. Most importantly, this work will improve outcomes for mother and baby as it is developed with further research and commercial applications in mind.
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Kropiunigg, Rafael Milan. "The lives and afterlives of the Mauthausen subcamp communities." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/263563.
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Concentration camp scholarship has been impacted by an ‘island syndrome’: most research limits itself to one site, focuses either on its life or afterlife, and overlooks interactions among functionaries, inmates, and local people. Central themes connected to the camps thus remain shrouded in popular misconceptions. This study breaks with historiographical orthodoxies and addresses common confusions through a new framework. Drawing on Ebensee and the Loiblpass, two forced labour outposts of the Mauthausen complex, it presents the first integrated account of the divergent factors that shaped the legacies of these sites and the fates of their subjects. A focus on Ebensee shows how gravely the local bureaucracy, relief workers, and US Army impacted on the early postwar lives of former camp inmates. Victim groups were marginalised by local and Allied actors precisely because of a broad awareness and continued survivor presence. The Loiblpass figured less prominently in the postwar lives of its surrounding communities. At the core of postwar views lay pre-1945 experiences. Living in an epicentre of territorial struggles, Loibl Valley inhabitants did not externalise a strong political agenda and instead communicated a binary ‘selective association process’. The memory of the camp prompted a positive association in socioeconomic terms; political allusions provoked a relativizing of brutality and a claim to personal victimhood. The local context and postwar dimension constitute a missing link in our understanding of these sites, their neighbouring communities, and the early postwar period more broadly. While the causal relationship between a social reintegration of Nazis and a re-marginalisation of genuine victims has thus far been viewed chiefly through the lens of federal politics, this development was already long under way—aided by all local actors—when amnesty laws encouraging the rehabilitation of former National Socialists came into effect; national and Allied policy decisions in the wake of the burgeoning Cold War only further catalysed this development from 1947 onwards.
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Watana, Paranee. "Female labour force participation in Thailand." Thesis, Canberra, ACT : The Australian National University, 1986. http://hdl.handle.net/1885/130346.
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In Thailand, female labour force participation rates are quite high
by international standards. Women work for various purposes without any
constraints. In this study, many socio-economic factors are investigated
in order to find their relationship with female labour force
participation. Data from the 1980 Population Census are used.
The relationship between female labour force participation and
socio-economic factors is positive. Many factors show a close
association such as education and number of children living in the
household. As education increases , so does the proportion of women in
the labour force. The existence of children in the household has a
different effect on ever married women. A higher percentage of Widows
and divorcees with children work than currently married women with
children. As anticipated, ever married women with no children have the
highest participation rates.
The investigation of marital status, age at marriage and religion
shows little effect on female labour force participation, Whatever their
marital status, age at marriage or religion, a large proportion of Thai
women participate in the labour force.
When the fertility levels of working women and housewives are
examined, many variables including age, education age at marriage and
the practice of contraception are considered. Working women have a lower
fertility level than housewives. However, those working women who
practice contraception have a larger number of children ever born than
do housewives. This is because birth control has only recently become
widespread in Thailand. Among working women, agricultural workers have
the highest fertility level.
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Lee, Chi-yung, and 李志勇. "Female labour force participation in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B31976578.
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Sukarno, Makmuri. "Education and labour force in Central Java." Thesis, Canberra, ACT : The Australian National University, 1988. http://hdl.handle.net/1885/133343.
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This study deals with education and the labour force
in the province of Central Java, Indonesia. The
relationship between education and the labour force
includes several issues, such as education as investment
in human
capital
to prepare qualified skills, the economic capacity
to absorb educated people and the manpower policy to
adjust demand for and supply of manpower.
In this study, the relationship between education
and the labour force has been viewed in this light. The
primary source of data on education and the labour force
was the 1980 census. The 1971 census, the 1976 Labour
Force Survey, the 1985 Intercensal Population Survey and
Jawa Tengah Dalam Angka (Central Java Year Books) were
selected as the complements. The manpower policy data
were obtained from the Repelita (Five Year Development
Plans).
The educational policy in Central Java, in terms of
the quantity, has been succesful during the period 1971
to 1985, and resulted in rapid growth of educated labour
force. Meanwhile, the economic policy on economic growth
has also been succesful, but it has offered only limited
employment growth and consequently resulted in
unemployment. The unemployment rate among educated people
(secondary and tertiary graduates) was higher than among
the less educated people (primary graduates and below). The educational policy is producing graduates to
achieve the desirable labour force pyramid, while the
current economic difficulties will narrow employment
growth in the future. According to employment
projections, the increasing unemployment rate among
secondary graduates, which began during 1980-1985, is
likely to continue in the future. The government has
established pre-employment training for the period 1984-
1989, which is excessive compared with the additional
employment opportunities for that period, while the
number of pre-employment training programs for secondary
graduates is inadequate. Educated people who are
unemployed are likely to move to lower occupations and
consequently improve the quality of labour force in lower
occupations.
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Hotton, Tina Lynn. "Labour force participation and women's criminal victimization risk." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ36038.pdf.
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Seijas-Rodriguez, Fleix Leonardo. "Labour force estimation for small areas in Venezuela." Thesis, University of Southampton, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395965.
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Ibrahim, Abdussalam O. "The labour force in Libya : problems and prospects." Thesis, Durham University, 1987. http://etheses.dur.ac.uk/1500/.
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Ye, Junjia. "Reproducing class In the global labour force : the case of Singapore's division of labour." Thesis, University of British Columbia, 2011. http://hdl.handle.net/2429/37743.
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This thesis analyzes the reproduction of inequalities within the realm of production within Singapore’s division of labour that relies strategically on migrants for different tasks in the global city. I examine the mechanisms that reproduce class differences within and across labour divisions to illustrate the politics of cosmopolitanism in Singapore. Specifically, I look at workers from different positions within the hierarchical labour force: Bangladeshi migrants who had been working in either construction or marine industries until employment disputes rendered them effectively jobless and homeless; Johorean commuters who cross the international border between Singapore and Malaysia daily to work in low-paid service sector work; and finally, middle-class financial workers who are often seen as the skilled, cosmopolitan faces of Singapore’s economy.
I use the extended case method to integrate Marx and Bourdieu’s notions of class to illustrate how inequality is reproduced through social reproduction vis-à-vis people’s access to economic resources. It is about how class is also lived through other constructions– in particular, “the self” and how certain constructions of personhood intersect with and constitute class. Rooted in the division of labour, class is reproduced through processes by which some individuals are denied access to economic and cultural resources because they are not recognized as being worthy recipients. These processes are constituted through both material and symbolic struggles and violence. I aim to unpack the ambiguities and precarities produced through this struggle of classed bodies – desires, hopes, choices alongside hyper-exploitative work conditions and symbolic violence – and through which, identities are formed in the larger social world. I would argue that no matter how ambivalent it appears, class and its reproduction are never free from power-laden processes. I argue that it is through theoretically-informed empirical analyses of processes of class formation that the notion of cosmopolitanism can retain its purchase of understanding work lives in a diverse division of labour.
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Ordine, Patrizia. "Insider forces and outsider ineffectiveness in Italian labour market." Thesis, University of Oxford, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.321626.
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Hancock, Jim. "The performance of migrants in the Australian labour force /." Title page, contents and introduction only, 1985. http://web4.library.adelaide.edu.au/theses/09EC/09ech234.pdf.
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Lee, Rebecca Anne. "When work empowers : women in Mexico's City's labour force." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=85183.
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The sudden and steady increase in the involvement of women in the Mexican labour force beginning in the 1980s, signifies a major shift in gender roles and activities. It is a little studied outcome of Mexico's combination of economic crisis (which served to increase the supply of female labour) and subsequent adoption of neoliberal economic policies (which stimulated the demand for female labour). In fact, what is not known, are the implications of this employment for the Mexican women themselves. The dissertation moves beyond the existing literature on the gendered consequences of employment and economic development, by bringing in the citizenship literature to help define women's status. Specifically, the dissertation proposes a way of determining these consequences by examining three dimensions of women's status, two of which refer to women's roles and capabilities in the public sphere---political and economic---and one which refers to women's status in the private sphere---the household. By disaggregating the status variable, the dissertation highlights the significant improvements in women's status while identifying the remaining obstacles to gender equality. The dissertation develops a number of measures of women's multidimensional status, and assesses the differences between employed and non-employed women using data obtained from a survey of women in Mexico City. In the economic sphere, the findings indicate that employment improves women's status by enhancing women's independence. Employment provides women with the economic resources that enable them to lessen their dependence on men. At the same time, women continue to face inequality in the labour market, signifying the continuing subordination of women. In terms of women's household status, the findings show that women retain the primary responsibility for childcare, and for the maintenance of the home. This inequality is significant, and serves to limit further improvements in
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Sasso, Alessandro. "Labour force participation and occupational outcomes among Italian women." Thesis, University of Sheffield, 2018. http://etheses.whiterose.ac.uk/22882/.
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This thesis is made of three related yet independent empirical studies, exploring the determinants of different labour market outcomes among women, using Italian data. The first study investigates the determinants of the reservation wage gap between unemployed women and men, using data drawn from the Italian Labour Force Survey (LFS). The results indicate that a large part of the gender reservation wage gap is explained by different job preferences between males and females, and by unobserved factors which may be associated with occupational discrimination. These factors shed light on the different employment rates between males and females. The second study uses the Italian Sample Survey on Births to investigate the effect of housework and childcare on female labour force participation, and the relationship between child care and occupational attainment. The findings show that those mothers who receive help with housework and childcare are more likely to be employed three years after the birth of the child. In addition, the use of paid childcare options (nursery or baby-sitters) is positively associated with being employed in managerial positions, but negatively related to non-standard forms of employment such as temporary and part-time employment. In a country characterized by a lack of family-friendly policies, motherhood appears still to be a limiting factor for the career of women. The third study uses the Italian LFS to investigate the determinants of self-employment and different types of self-employment among women. It also examines the determinants of hours worked and satisfaction with respect to hours worked of self-employed females. Our findings show little evidence of gender differences in the determinants of self-employment. However, women are less likely to work in self-employment categories that involve management of other employees. The determinants of hours worked differ between self-employed men and self-employed women. For example, the number of children is inversely associated with the hours worked by self-employed women but positively related to the hours supplied by self-employed men. This is consistent with the traditional division of household work in Italian families. Finally, mothers working as employees are less satisfied with hours when they work long hours compared to those without children, whereas the opposite is found among self-employed women. Self-employment may offer the flexibility that helps Italian women to reconcile career with childcare responsibilities.
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Kim, Bonnie (Bonnie Won Hee) Carleton University Dissertation International Affairs. "Factors affecting the labour force participation of Korean women." Ottawa, 1991.
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Rohan, Rory Delaney. "Power and forced labor| A geneology of labor and migration in the United States." Thesis, American University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1572493.
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<p> Recently, federal agents across the US have uncovered an unprecedented number of forced labor operations, many involving non-citizens who are forced to perform farm work under threat of violence and deportation. Contemporary scholarship explains this phenomenon as the effect of liberalized economic relations, industrialized agriculture, and consumer demand for cheap products. While instructive, such explanations leave open questions of how historical factors sanction the coercive farm labor relations seen today. Using the genealogical method, this paper examines the history of labor practices in Florida, a state in which forced labor not only flourished before the Civil War, but also in which forced labor remains common today. </p><p> After highlighting how Florida's ante-bellum and post-bellum labor practices and discourses imbued employment with normative valuations, this paper argues that such discourses and practices have since been taken up by state and federal institutions, eventually influencing laws and policies concerning labor, prisoners, and immigrants. These historically embedded practices and discourses, moreover, function to discipline the lives and govern the status of non-citizens in and through employment.</p>
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Choi, Seulki Mouw Ted. "Women's fertility and labor force dynamics." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2009. http://dc.lib.unc.edu/u?/etd,2618.
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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2009.<br>Title from electronic title page (viewed Oct. 5, 2009). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Sociology." Discipline: Sociology; Department/School: Sociology.
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Heaton, Richard Charles. "Factors affecting the uterine force production." Thesis, University of Liverpool, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.283042.
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