COVID-19 is an unprecedented stress test on our institutions. It has laid bare deeply entrenched problems and blind spots within our societies. One such problem is the extent to which modern slavery is practiced in the UK. It is predicted that up to 10,000 people working in garment and food factories in Leicester are victims of modern slavery, some of whom reportedly earn as little as £3 an hour - well below the national minimum wage of £8.72. Additionally, a report by the Centre for Social Justice estimates that there are a minimum of 100,000 victims of modern slavery in the UK. 

These practices existed long before COVID-19, however the effects thereof have been exacerbated by the virus. Poorly paid workers are being coerced into working with no protective equipment. These working conditions are not localised to Leicester, they are practiced across the UK.  

THE PERSISTANCE OF MODERN SLAVERY

The main reason modern slavery exists is to ensure profit by keeping costs low. However, there remain questions as to how it can persist, especially in the supply chains of big corporations. Parosha Chandran, a leading anti-slavery barrister, suggests that the reason for this is that the UK Modern Slavery Act 2015 (MSA) focuses on criminalising the acts of individuals, rather than companies.  

The problem lies in section 54 of the MSA, which deals with the transparency of company supply chains. It requires companies with a minimum annual turnover of £36 million to publish a “slavery and human trafficking statement for each financial year.” This provision has been criticised for not having much weight. There are no requirements for companies to take steps to prevent or investigate modern slavery in their supply chains. The statement may simply state that no steps to investigate the human rights impact of the supply chain have been taken. As evidenced by recent allegations against Boohoo, it is difficult to take enforcement action against a company who may turn a blind eye to abuse. 

THE PUBLIC HEALTH ELEMENT  

Currently, modern slavery is not considered a public health issue universally. There are, however, suggestions that a public health focus could be useful in the prevention of modern slavery. 

There is also an argument that, coupled with the current pandemic, modern slavery is a public health concern. Workers are being forced to operate without protective equipment in small buildings which lack ventilation. These conditions make it almost impossible to practice social distancing and may have contributed to the spike in COVID-19 cases in Leicester. It is not only the workers who are at risk - their families are also vulnerable. This is what leads to modern slavery developing into a health crisis. 

PREVENTION

In April 2020, the European Commissioner for Justice announced that legislation for mandatory human rights due diligences for companies will come into force in 2021. This will place investigatory obligations on companies to ensure modern slavery has not manifested in their supply chain. 

As the UK is bowing out of the EU, British companies will not be subject to the law. However, Britain will want to maintain its status as a leading force in protecting modern slavery victims. For the UK to maintain a level playing field with the EU, section 54 MSA will require strengthening. It has also been suggested that an essential element of prevention will be the separation of reporting modern slavery from immigration controls. As most slavery victims in the UK are migrant workers, the fear of abuse may be dwarfed by the fear of being deported, which may lead to underreporting.  

COVID-19 has highlighted the pervasive problem of modern slavery in the UK. Targeted action should now be taken to identify and prevent this scourge.

Mahin is a final year LLB student at the University of Exeter. He is an aspiring human rights lawyer who is interested in bringing attention to human rights abuses. He is looking to practice in public law, international human rights and civil liberties.

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