Joy in the Face of Suffering: A Primer on Modern Slavery by Janet Gilbert
As told to the co-lab
Janet Gilbert is a researcher and collaborator in corporate social responsibility and private sector engagement in apparel industry value chains, with a keen focus on modern slavery and other social compliance risks. A lifelong seamstress, she has a strong affinity toward garment workers, and by extension the most vulnerable workers beyond the scope of Tier 1 manufacturing. Currently, she is working on such projects as aiding private sector actors in determining human rights risk resulting from business operations, and organizing and designing a training on social responsibility for suppliers. Janet has been with the Co-Lab since April of 2020.
Happy New Year Co-Lab, and Happy National Slavery and Human Trafficking Prevention Month. Let’s party. Yes I’m being serious- for no amount of feeling ‘good’ for feeling bad will bring dignity into the lives of the estimated 50 million humans living under conditions of modern slavery. And I can say from experience, that there isn’t a single stranger at a social gathering I haven’t made my friend (at least in part) by shedding light on the reality that we the privileged, industrialized folk are subsidized by the exploitation of our fellow human beings- that the worst parts of our ugly past are still here, they are just outsourced (mostly). Moreover, they were here long before the time in history where our own understanding of these crimes against humanity generally begins. Slavery is as old as sex work.
Okay, you’re probably wondering: how is this fodder for cocktail hour? And how are you seriously making friends this way? Not exactly light discussion. Allow me to explain; in the end, whether you are a professional in NYC feeling the pressures of the latest product launch and where to send your kid to school, or you are a garment worker in Pakistan considering selling your 12 year old into the coal mining child sex ring (yes this is really happening) to pay off a debt, you are after all of the same stuff. Wherever you are on the planet, whatever your circumstances are- It isn’t all about survival or material optimization- it’s about joy too. Our ability to experience joy is a gift from the universe that bonds us to all of humanity. I say this not to diminish anyone’s suffering. It’s quite the contrary really. This is to suggest that we appreciate one’s ability for joy in the face of suffering. It is a most human and radical act. This is also to suggest that us do-gooders in the Global North, practice some levity, and have a sense of humor about ourselves. If you’ve been given the gift of perspective- perhaps you’ve experienced a deeply profound loss or seen the edges of your own darkness and come back to tell the tale- then you understand how truly dumb and wasteful it is to take yourself too seriously in this short life.
Now you are probably asking yourself: what kind of Human Rights Advocacy piece is this? Laugh at yourself because your country is the biggest importer of at-risk products of modern slavery of any other? Don’t we feel a certain way about slavery here? This chick is nuts! That may be so, but I have yet to read of or observe anyone solving a big problem through catatonic awareness raising. So when I was asked to contribute to this newsletter an informational piece on the very issue where I have found my purpose, I couldn’t let that thought go.
Now that I have your attention, these are some basic, but important things you need to know:
Modern Slavery is NOT defined by International Law, though it is universally agreed across governments and international institutions that it entails exploitation of a person who cannot refuse or move freely because of “threats, violence, coercion, deception, and/or abuse of power.” It is an umbrella term covering four things, all subject to physical and psychological abuse, and violence.
Forced Labor- work or service that people are forced to do against their will
Debt Bondage- the most prevalent form of modern slavery. Work for no wages or below minimum wage to repay debt or a received advance when value of the work exceeds the value of debt
Forced Marriage- marriage where at least one party does not consent
Human Trafficking- transition of a person into a form of prohibited exploitation (forced labor, debt bondage, forced marriage, child labor). It can involve physical movement, but does not have to, and it can also encompass removal of organs.
In 2016, there were an estimated 40 million people walking the planet under conditions of modern slavery, the most ever in recorded history. At that time, ¼ of those people were kids and 84% women and girls. As of September 2022, there are now an estimated 50 million modern slaves.
Why are the numbers going in the wrong direction? A few things:
Macro Globalization: It’s easier than ever to move from one place to the next, and recruitment agent fees for migrant labor are incredibly lucrative. In addition, there is a global return to ‘feudal’ style gig work in lieu of unionized labor which in turn has the effect of deteriorating any respect for human rights and labor laws. Furthermore, state sanctioned forced labor is quite profitable for governments.
Countries are increasingly more reliant on foreign migrant workforces: Who does the bulk of the agricultural and domestic labor in the United States? Even legal avenues for migrant labor, such as the H-2A Guest Worker Program are fraught with human rights abuses. Other rich nations operate in the same way, importing workers for the jobs natural citizens don’t want to do.
Environmental factors like climate change, or political factors like war and authoritarianism are creating desperate circumstances for people, driving them abroad, and making them more likely to seek risky employment.
COVID driven poverty resulting from cut orders and draconian policy measures that don’t account for household microeconomics, causing increased precarity for workers.
The global economic order is opaque and complex. The winners are incentivized to exploit, and the rest of us have no choice but to participate and reap the benefits for our own survival. It’s in our nature to eat or be eaten.
Sucks huh? I bet you want to do something about it. I sure do! A couple ways I want you to consider thinking about these things (and please do apply this to environmental sustainability as well):
It’s unfair to put the onus of responsibility on yourself. You do not have the time to do graduate level research to responsibly buy a pair of socks or invest in a perfectly ethical company. Furthermore, transparency only goes so far as the brand wants it to go, and because the structure of the supply chain is so opaque and atomized, brands often don’t even know the extent to which exploitation is happening.
Materialism makes perfect evolutionary sense. Let’s put aside all of the marketing we’re bombarded with on a daily basis, and consider this: we’re most enticed by salty fatty food because we don’t find it in nature. It’s special. Now think about how difficult and intensive it is to make stuff. We fought an entire civil war over just the Tier 4 agriculture part of the textile supply chain. (Good time to mention that much of our cotton is still cultivated by slaves). Of course we want to keep buying and hoarding. Our lizard brains are telling us we should.
Okay, so self flagellation is out. What is in?
Here’s a start: know what’s up, and consider supporting Human Rights Due Diligence (HRDD) policy (whereby the private sector is on the hook for the social impact of their business operations). France, Norway, Germany, and the Netherlands have passed legislation for mandatory Human Rights Due Diligence, and France and Germany are the only two whose HRDD laws are currently in effect. The US does not currently have an HRDD law on the books. What we do have:
-California Transparency in Supply Chains Act- (effective 2012) Retailers and manufacturers doing business in CA with annual gross revenue exceeding $100,000 must disclose risk but are not mandated to ensure that their product supply chains are slave free.
-Sec 307 of the Tariff Act 1930- In 1995, a pesky “consumptive demand” clause was removed allowing for CBP to issue withhold release orders (WROs) on imports “reasonably but not conclusively” produced by slaves, effectively barring entry into the US.
-Uyghur Forced Labor Prevention Act (effective 2022)- anything produced in Xinjiang is assumed to be the product of forced labor unless proven otherwise by “clear and convincing evidence,” and therefore barred from entry under Section 307 of the aforementioned Tariff Act.
-Annual DOL Report: Findings on the Worst Forms of Child Labor
-DOL maintained: List of Goods Produced by Child Labor or Forced Labor
-Proposed New York Fashion Act (state law) which would require large brands (over $100 million in revenue) to have a HRDD policy
International Best Practices Frameworks:
-United Nations Guiding Principles on Business and Human Rights
-OECD Due Diligence Guidance for Responsible Business Conduct
-IFC Performance Standards on Environmental and Social Responsibility
What else can you do?
Many of you work for fashion and beauty brands with CSR departments. Check in on those. Anything of note happening or not happening in terms of the “social” part of “corporate social responsibility?” Find out, maybe ruffle some feathers, but certainly support your CSR department in all of their endeavors for fair labor.
Do you have a stake in any companies? Guess what. As a shareholder, you have the most sway and power over how a company conducts itself. If you find something out you don’t like, my advice is not to divest. Don’t lose your power, but use your power!
Finally- please lead with kindness, for that’s really all anyone owes anyone else. Center your fellow human beings. Empathy doesn’t mean you vote for the same guy, arrive at the same conclusions, or that one is smarter or better than the other. The loudest, most obnoxious ones in the room are truly the tiniest sliver of the population so don’t allow them to break your heart! It’s all too common these days to love humanity in the abstract while at the same time failing to love one’s neighbor in the here and now. My point here again is that we are all after the same stuff. Life is very hard, so short, and we have so many challenges to contend with big and small. We all ought to have an appreciation for the strength and resilience of humankind, for the gift of joy in circumstances unimaginable to most of us with access to this newsletter, and frankly have a laugh at our own expense for how far away we presume to be from those unimaginable circumstances.
Further Resources
-Universal Declaration of Human Rights
-Business and Human Rights Resource Center
