Combating Modern Slavery: An Examination of Legal Frameworks and Enforcement Mechanisms on Non-State Actors.

It is of particular concern that despite slavery being abolished in international law with a clear international legal framework existing (ILO Conventions, Slavery Convention, Supplementary Convention and Palermo Protocols) which criminalises slave labour and human trafficking and imposes duties on state actors, these practices are condoned by both state and non-state actors. The world of sports for instance, is a lucrative industry generating a significant level of income, which sometimes exceeds states’ GDP. The FIFA world cup is the biggest sporting event that oversees countries bidding to host. The benefits to a host country include tourism, creation of jobs, accommodation and transport infrastructure. Qatar will be hosting the next world cup in 2022 and have come under intense scrutiny and criticism for abusive labour practices. Recording 185 Nepalese deaths in Qatar in 2013 while building world cup infrastructure, an estimation of the death of 4000 migrant workers before the launch of the word cup. FIFA’s mission to build a better future for all through football has been questioned while Qatar officials echoed the outrage stirred by media reports expressing shock at the deplorable conditions migrant workers have been subjected to. In collaboration with the International Labour Organisation (ILO), Qatar has agreed to oversee reform with enforcement mechanisms in place to ensure maximum protection for over 2 million migrant workers, with the ultimate aim of scrapping this exploitative system of sponsored labour. Although Qatar has duties under international law and has to report to the United Nations and the ILO, the question is whether oversight can be exercised over international sports organisations where main actors/stakeholders such as FIFA are captured under this framework. FIFA was prompted to take action on particular issues and to take an active stance against certain abusive labour practices, which prevail in Qatar. This paper is contributing to the ever-increasing debate that in a globalised society, we need to move away from the state-centred focus of international law and move towards creating legal frameworks that capture non-state actors, creating binding obligations on them. This paper provides an insight into practices condoned by states, which create avenues for the perpetration of this transnational crime. With a growing discourse on the emergence of modern slavery and human trafficking on the political and legislative agenda, and with human trafficking estimated to generate billions in illicit proceeds, this discussion re-ignites the debate that activities of state and non-state actors need to fall within the sphere of international law in combatting modern slavery and human trafficking