This factsheet examines how we distinguish between human trafficking trafficking, forced labour, slavery and substandard working conditions.
Human trafficking may result in exploitation of migrant workers through forced labour, debt bondage or slavery.
What is the difference between exploitation and slavery?
This was the challenge faced by the High Court in the Queen v Tang [2008] HCA 39 where the Court said a distinction must be drawn between ‘powers of control’ exercised over an enslaved person and powers that ‘are no more than an incident of harsh employment’.
The High Court recognised that in ‘borderline cases’ drawing these distinctions is more complex that asking whether a person is completely controlled by another. Instead, it may be necessary to examine factors that involve ‘questions of degree’. Factors indicating a condition of slavery include the ‘a capacity to deal with a complainant as a commodity, an object of sale and purchase’ and ‘the exercise of powers of control over movement which extend well beyond powers exercised even in the most exploitative of employment circumstances, and absence or extreme inadequacy of payment for services’.
What is the difference between exploitation and slavery?
Trafficking, forced labour and slavery are not mutually exclusive. While many victims of trafficking end up in situations of forced labour or slavery, not all victims of slavery and forced labour are trafficked.
Human Trafficking has three elements:
- The act of moving a person through recruitment, transportation, transfer, harbouring or receipt of a person
- Through means such as threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or the giving of payments or benefits to a person in control
- For the purpose of exploitation.
Forced labour is one such form of exploitation. However, not every person who is exploited through forced labour has been trafficked. Forced labour, slavery and practices similar to slavery are all separately defined under different instruments.
More information…
For more about forced marriage, see the full ANTI-SLAVERY PROJECT FACT SHEET 11.
