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International Law

Stacked Odds: A UN Report on Modern Slavery

photo: UN Women/Ryan Brown

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On the occasion of International Girl Child Day, the United Nations (UN) came up a report ‘Stacked Odds’ based on Modern Slavery. For the term Modern Slavery or contemporary form of slavery, there is no specific universal definition, rather it is used as an umbrella term covering practices such as forced labour, debt bondage, forced marriage, and human trafficking. It is considered as a situation of exploitation that a person cannot refuse or leave because of threats, violence, coercion, deception, and/or use of power as defined by UN.

 According to the Stacked Odds report, one in every 130 females globally is living in modern slavery. It means countries are still nowhere near the rate of change needed to meet the goal of ending slavery by 2030 as highlighted in Sustainable Development Goals (SDGs). The global estimates were studied and reported by Walk Free which is an international human right group focussed on eradication of modern slavery in all its forms and the two UN agencies- the International Labour Organisation (ILO) and the International Organisation for Migration (IOM) which are considered as powerful advocacy tools to deal with slavery.

Among all the victims of modern slavery, women and girls accounts for nearly three quarters (71 per cent). Females outnumber males as victims of modern slavery in four of the five world regions. They account for 73% of victims in the Asia and Pacific, 71% in Africa, 71% in Europe and Central Asia, and 63% in America. The Stacked odds report also highlighted that 99 percent of the victims of forced sexual exploitation are women. And 84 percent of all victims of forced marriage and 58 percent of all victims of forced labour are also women. 

As oppose to men, women are more vulnerable to modern slavery due to various factors:

  • Women are considered as a disadvantaged section of the society and face various socio-economic problems like poverty, lack of access to education and less opportunities in the political field. 
  • In many countries, laws can exacerbate, rather than protecting from modern slavery. They prevent women from inheriting land and assets, conferring citizenship on their children, traveling freely and working without their husband’s permission.
  • Women are underrepresented at all the levels of political leadership. On an average, just 25 percent of people in national parliaments in 2020 are female. 
  • When it comes to workforce, women are paid less than men for the same amount of work and this gender discrimination financially penalises women.
  • Normalisation of gender-based violence also increases female’s vulnerability to modern slavery.

Various factors which are responsible for the modern slavery are as follows:

  • Absence of rule of law: Slavery become prevalent in the society where there is no enforcement of law. It is often abetted by police and other authorities. Without adequate enforcement of laws and strengthening of legal frameworks, human traffickers operate with impunity. 
  • Poverty: About 765 million people worldwide live in extreme poverty, making less than $1.90 per day. Those in destitute conditions have limited means to support their families. In the absence of alternatives, many people take risks which are lured by sham offers of better futures.
  • Marginalized Groups: Certain groups face discrimination which includes, ethnic and religious minorities, women and children, and migrants and refugees are prone to enslavement.
  • War and Conflict: War brings a kind of instability that can expose besieged communities to forced labour networks.
  • Natural Disasters: Extreme weather, as well as resulting pandemics, can ravage a country’s physical infrastructure, displace communities and increase the desperation of already marginalised groups.
  • State-imposed forced labour: It includes citizens recruitment by their state authorities to participate in agricultural or construction work for purposes of economic development, young military conscripts forced to perform work that is not of military nature, or prisoners forced to work against their will.

Modern Slavery in India

According to the Global Slavery Indexed report released by Walk Free, 8 million people are facing modern slavery in India. At the same time 6.10 out of 1000 are estimated proportion of population living in modern slavery and 55.49 people out of 100 are vulnerable to modern slavery.

The National Crime Records Bureau (NCRB) indicate that there were 8,132 reported cases of human trafficking across India. Most of the victims were trafficked for forced labour and prostitution. There have been many cases of contract violations and exploitation of India’s migrants living in the Gulf countries which have led people to become modern slaves. There are also reported cases of abductions and coercion of children by the Left-Wing Extremists to join Bal Dasta units which train children in front-line operations, and as couriers and informants against national security forces. 

In order to do away with modern slavery, India has criminalized most forms of modern slavery, including trafficking, slavery, forced labour, and child sexual exploitation in its Penal Code. For example- Protection of Children from Sexual Offences Act,2012. But currently, there is no legislation criminalizing use of children in armed conflict. There are various schemes like Ujjawala which is a comprehensive scheme for prevention of trafficking and rescue, rehabilitation and re-integration of victims of Trafficking and Commercial sexual exploitation and Swadhar initiated by the Ministry of Women and Child Development in order to provide shelter and rehabilitation services for rescued women. The Central Sector Scheme for Rehabilitation of Bonded labourers was adopted by India in 2016 to recognise the needs of different groups trapped in bounded labour and provide cash compensation. The Indian Government also ratified two core ILO conventions in 2017, namely No. 138 on Minimum age to Employment and No. 182 on the Worst Forms of Child Labour.

Steps need to be taken to eradicate Modern Slavery at global level:

The report says, ‘At its core, the fight against modern slavery is about ensuring the most basic of human rights- freedom’. In order to ameliorate modern slavery, there is a need to strengthen criminal justice. It should be ensured that no child is born stateless by strengthening legal safeguards and ensuring birth registration. Laws and policies that prevent or make it difficult for workers to leave abusive employers without risk of loss of visa and deportation of security deposits must be addressed. There is a current need to overturn laws and policies that strip women of their rights or exacerbate their vulnerability to sexual violence and exploitation. States should improve coordination and accountability among national agencies by developing evidence-based national action plans and establishing national referral mechanisms involving civil society law enforcement agencies and other groups. Cross-border collaboration and data sharing should be improved to tackle modern slavery. Nation-states should improve support for modern slavery victims and survivors by providing regular, systematic training for all frontline service providers. Government should work with communities and civil society to create avenues for reporting crimes, improving access to protection and support services and changing the social norms around widow cleansing, witchcraft accusations and other harmful practices. 

Whereas, the UN report suggested six points to nation states that should be included in action plan to prevent the exploitation of women and girls:

  • Government should criminalise all forms of modern slavery through bringing reforms in the laws.
  • Girls Education should be on priority list.
  • Steps needs to betaken by the state governments to abolish child labour.
  • Socio-cultural norms such as male preference, restriction on freedom of movement of girls, lack of control over financial assets and other harmful societal practices must be challenged.
  • There is also a need to amend certain laws and policies like inheritance rights, land ownership laws and the Kafala system.
  • The governments should acknowledge the clear link between gender and risk of modern slavery in their gender and development programming and budgets.

In the words of Grace Forrest, the co-founder of the Walk Free anti-slavery organization, ‘there are more people living in slavery today than any other time in human history’. Therefore, the nation-states should take immediate steps to eradicate contemporary forms of slavery to make this world a better place for living.

Institutional Affiliation: Doctoral Research Fellow at Jindal School of International Affairs, O.P Jindal Global University, Sonipat, India. Done Graduation in Political Science from Miranda House, University of Delhi. Research Area: Gender Equality, Women Empowerment and Sustainable Development Goals.

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International Law

Carl Schmitt for the XXI Century

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For decades, the scholars of international relations have confused the term “New World order” in the social, political, or economic spheres. Even today, few scholars confuse the term with the information age, internet, universalism, globalization, and  American imperialism. Unlike the complex categorization of the New World Order, the concept of the Old World Order was purely a juridical phenomenon. However, from standpoint of modernity, the term New World order is a purely ideological and political phenomenon, which embodies various displays such as liberal democracy, financial capitalism, and technological imperialism.

In his Magnus Opus “The concept of the Political”, Carl Schmitt lauded a harsh criticism on liberal ideology and favored competitive decisionism over it. This is why according to Schmitt’s critics; the whole text in “The concept of the political” is filled with authoritarian overtones. Nonetheless, the fact cannot be denied that it was the radical political philosophy of Carl Schmitt that paved the way for the conservative revolution in Europe. Even today, his writings are being regarded as one of the major contributions to the field of political philosophy from the 20th century.

Throughout his major works such as “Nomos of the earth”, “the Crisis of Parliamentary democracy”, “The concept of the Political” and “Dictatorship”, Carl Schmitt frequently employs unadorned terms such as ‘actual’, ‘concrete’, ‘real’, and ‘specific’ to apprize his political ideas. However, he advances most of the core political ideas by using the metaphysical framework. For instance, in the broader political domain, Carl Schmitt anticipated the existential dimension of the ‘actual politics’ in the world today.

On the contrary, in his famous work “The Concept of the Political” readers most encounter the interplay between the abstract and ideal and, the concrete and real aspects of politics. Perhaps, understanding of Schmitt’s discursive distinctions is necessary when it comes to the deconstruction of the liberal promoted intellectual discourse. However, the point should be kept in mind that for Schmitt the concept of the political does not necessarily refer to any concrete subject matter such as “state” or “sovereignty”. In this respect, his concept of the political simply refers to the friend-enemy dialectics or distinction. To be more precise, the categorization of the term “Political” defines the degree of intensity of an association and dissociation.

In addition, the famous friend-enemy dialectics is also the central theme of his famous book “The Concept of the Political”. Likewise, the famous friend-enemy distinction in Schmitt’s famous work has both concrete and existential meaning. Here, the word “enemy” refers to the fight against ‘human totality”, which depends upon the circumstances. In this respect, throughout his work, one of the major focuses of Carl Schmitt was on the subject of  “real Politics”. According to Schmitt, friend, enemy, and battle have real meaning. This is why, throughout his several works; Carl Schmitt remained much concerned with the theory of state and sovereignty. As Schmitt writes;

I do not say the general theory of the state; for the category, the general theory of the state…is a typical concern of the liberal nineteenth century. This category arises from the normative effort to dissolve the concrete state and the concrete Volk in generalities (general education, general theory of the law, and finally general theory of the knowledge; and in this way to destroy their political order”.[1]

As a matter of the fact, for Schmitt, the real politics ends up in battle, as he says, “The normal proves nothing, but the exception proves everything”. Here, Schmitt uses the concept of “exceptionality” to overcome the pragmatism of Liberalism. Although, in his later writings, Carl Schmitt attempted to dissociate the concept of “Political” from the controlling and the limiting spheres but he deliberately failed. One of the major reasons behind Schmitt’s isolation of the concept of the political is that he wanted to limit the categorization of friend-enemy distinction. Another major purpose of Schmitt was to purify the concept of the “Political” was by dissociating it from the subject-object duality. According to Schmitt, the concept of the political was not a subject matter and has no limit at all. Perhaps, this is why Schmitt advocated looking beyond the ordinary conception and definition of politics in textbooks.

For Schmitt, it was Liberalism, which introduced the absolutist conception of politics by destroying its actual meaning. In this respect, he developed his very idea of the “Political” against the backdrop of the “human totality” (Gesamtheit Von Menschen). Today’s Europe should remember the bloody revolutionary year of 1848 because the so-called economic prosperity, technological progress, and the self-assured positivism of the last century have come together to produce long and deep amnesia. Nonetheless, the fact cannot be denied that the revolutionary events of1848 had brought deep anxiety and fear for the ordinary Europeans. For instance, the famous sentence from the year 1848 reads;

For this reason, fear grabs hold of the genius at a different time than it does normal people. the latter recognizes the danger at the time of danger; up to that, they are not secure, and if the danger has passed, then they are secure. The genius is the strongest precisely at the time of danger”.

Unfortunately, it was the intellectual predicament at the European stage in the year 1848 that caused revolutionary anxiety and distress among ordinary Europeans. Today, ordinary Europeans face similar situations in the social, political, and ideological spheres. The growing anxieties of the European public consciousness cannot be grasped without taking into account Carl Schmitt’s critique of liberal democracy. A century and a half ago, by embracing liberal democracy under the auspices of free-market capitalism, the Europeans played a pivotal role in the self-destruction of the European spirit.

The vicious technological drive under liberal capitalism led the European civilization towards crony centralism, industrialism, mechanization, and above all singularity. Today, neoliberal capitalism has transformed the world into a consumer-hyped mechanized factory in which humanity appears as the by-product of its own artificial creation. The unstructured mechanization of humanity in the last century has brought human civilization to technological crossroads. Hence, the technological drive under liberal democratic capitalism is presenting a huge threat to human civilizational identity.


[1] Wolin, Richard, Carl Schmitt, Political Existentialism, and the Total State, Theory and Society, volume no. 19, no. 4, 1990 (pp. 389-416). Schmitt deemed the friend-enemy dialectics as the cornerstone of his critique on liberalism and universalism.

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International Law

Democratic Backsliding: A Framework for Understanding and Combatting it

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Democracy is suffering setbacks around the world. Over the past decade, the number of liberal democracies has shrunk from 41 to 32. Today, 34 percent of the global population lives in 25 countries moving in the direction of autocracy. By contrast, only 16 countries are undergoing a process of democratization, representing just 4 percent of the global population. Reflecting these troubling trends, USAID Administrator Samantha Power, during her confirmation hearing, highlighted democratic backsliding – along with climate change, conflict and state collapse, and COVID-19 – as among the “four interconnected and gargantuan challenges” that will guide the Biden Administration’s development priorities.

However, defining “democratic backsliding” is far from straightforward. Practitioners and policymakers too often refer to “democratic backsliding” broadly, but there is a high degree of variation in how backsliding manifests in different contexts. This imprecise approach is problematic because it can lead to an inaccurate analysis of events in a country and thereby inappropriate or ineffective solutions.

To prevent or mitigate democratic backsliding, policymakers need a definition of the concept that captures its multi-dimensional nature. It must include the actors responsible for the democratic erosion, the groups imperiled by it, as well as the allies who can help reverse the worst effects of backsliding. 

To address this gap, the International Republican Institute developed a conceptual framework to help practitioners and policymakers more precisely define and analyze how democratic backsliding (or “closing democratic space”) is transpiring and then devise foreign assistance programs to combat it.  Shifting away from broad generalizations that a country is moving forward or backward vis-à-vis democracy—which makes it difficult, if not impossible, to derive specific solutions—the framework breaks closing democratic space into six distinct, and sometimes interrelated, subsectors or “spaces.”

Political/Electoral: Encompasses the arena for political competition and the ability of citizens to hold their government accountable through elections. Examples of closing political or electoral space range from fraudulent election processes and the arrest or harassment of political leaders to burdensome administrative barriers to political party registration or campaigning.

Economic: Refers to the relationship between a country’s economic market structure, including access and regulation, and political competition. Examples of closing economic space include selective or politically motivated audits or distribution of government licenses, contracts, or tax benefits.

Civic/Associational: Describes the space where citizens meet to discuss and/or advocate for issues, needs, and priorities outside the purview of the government. Examples of closing civic or associational space include harassment or co-optation of civic actors or civil society organizations and administrative barriers designed to hamper civil society organizations’ goals including limiting or making it arduous to access resources.

Informational: Captures the venues that afford citizens the opportunity to learn about government performance or hold elected leaders to account, including the media environment and the digital realm. h. Examples of closing informational space consist of laws criminalizing online speech or activity, restrictions on accessing the internet or applications, censorship (including self-censorship), and editorial pressure or harassment of journalists.  

Individual: Encapsulates the space where individuals, including public intellectuals, academics, artists, and cultural leaders– including those traditionally marginalized based on religious, ethnicity, language, or sexual orientation–can exercise basic freedoms related to speech, property, movement, and equality under the law. Common tactics of closing individual space include formal and informal restrictions on basic rights to assemble, protest, or otherwise exercise free speech; censorship, surveillance, or harassment of cultural figures or those critical of government actions; and scapegoating or harassing identity groups.

Governing: Comprises the role of state institutions, at all levels, within political processes. Typical instances of closing the governing space include partisan control of government entities such as courts, election commissions, security services, regulatory bodies; informal control of such governing bodies through nepotism or patronage networks; and legal changes that weaken the balance of powers in favor of the executive branch.

Examining democratic backsliding through this framework forces practitioners and policymakers to more precisely identify how and where democratic space is closing and who is affected. This enhanced understanding enables officials to craft more targeted interventions.

For example, analysts were quick to note Myanmar’s swift about-face toward autocracy.  This might be true, but how does this high-level generalization help craft an effective policy and foreign aid response, beyond emphasizing a need to target funds on strengthening democracy to reverse the trend? In short, it does not.  If practitioners and policymakers had dissected Myanmar’s backsliding using the six-part framework, it would have highlighted specific opportunities for intervention.  This systematic analysis reveals the regime has closed civic space, via forbidding large gatherings, as well as the information space, by outlawing online exchanges and unsanctioned news, even suspending most television broadcasts.  One could easily populate the other four spaces with recent examples, as well. 

Immediately, we see how this exercise leads to more targeted interventions—support to keep news outlets operating, for example, via software the government cannot hack—that, collectively, can help slow backsliding.  Using the framework also compels practitioners and policymakers to consider where there might be spillover—closing in one space that might bleed into another space—and what should be done to mitigate further closing.

Finally, using this framework to examine the strength of Myanmar’s democratic institutions and norms prior to the February coup d’etat may have revealed shortcomings that, if addressed, could have slowed or lessened the impact of the sudden democratic decline. For example, the high-profile arrest of journalists Wa Lone and Kyaw Soe Oo in December 2017 was a significant signal that Myanmar’s information space was closing. Laws or actions to increase protections for journalists and media outlets, could have strengthened the media environment prior to the coup, making it more difficult for the military to close the information space.

A more precise diagnosis of the problem of democratic backsliding is the first step in crafting more effective and efficient solutions. This framework provides practitioners and policymakers a practical way to more thoroughly examine closing space situations and design holistic policies and interventions that address both the immediate challenge and longer-term issue of maintaining and growing democratic gains globally.

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International Law

Authentic Justice Thus Everlasting Peace: Because We Are One

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The ceasefire in the Israeli-Palestine conflict is a good thing. We thank God for it. Be it between two individuals or institutions or nations or the internal colonial and colonized, war does not do anything except cause more immediate or future mass misery and human destruction. Our continued memories of our interpersonal and international and internal colonial and civil wars and the memorials we erect to remember them recall and record wounds and pains we never get over. 

So it becomes a bothersome puzzle as to why we human beings still just don’t get that war like oppression leads to nowhere except to more human devastation. And we should have learned by now but have not that peacemaking like ceasefires mean nothing without justice.

 It is the reason why I constantly find myself correcting those who stress Peace and Justice.No Justice No Peace is more than a cliche.It is real politic emotionally, economically, socially, and spiritually.

Our American inner cities like those in every continent where culturally different and similar people live cramped impoverished lives and nations and colonial enclaves with such unequal wealth remind us of their continued explosive potentialities when peace is once again declared but with no justice.Everyone deserves a decent quality of life which not only includes material necessities but more importantly emotional and spiritual freedoms and other liberations.Not just the victors who conquer and rule and not just the rich and otherwise privileged.

 And until such  justices are  assured to everyone peacemaking is merely a bandaid on cancerous societal or International conflictual soars which come to only benefit those who profit from wars which are bound to come around again when there is no justice and thus peace such as  family destroying divorce lawyers, blood hungry media to sell more subscriptions , arms dealers to sell more murderous technologies, politicians needing  votes so start and prolong wars, and military men and women seeking promotion while practicing their killing capacities.

So if those of us who devoutly practice our  faiths or our golden moral principles,  let us say always and pray and advocate justice and peace always  as a vital public good  and  do justice then lasting peace in our personal lives and insist that national leaders, our own and others do the same in their conduct of international affairs and affairs with those who are stateless in this global world. 

All such pleading is essential since we are all brothers and sisters in the eyes of God who created all of us  in God’s image as one humanity  out of  everlasting divine love for all of us so we should love each other as God loves all of us  leading to desiring justice and thus lasting peace for each and every one of us.

This is difficult for those in international affairs to understand who take more conventional secular approaches to historical and contemporary justice and peace challenges as if our universal spiritual connectivennes  ( not to be confused with the vast diversity of organized religions)as human beings which makes us all brothers and sisters has no relevance. But if we are going to find true enduring peace we have no alternative but to turn our backs on increasingly useless secular methods which go either way, stressing peace then justice or justice then peace and understand how much we must begin to explore and implement approaches which we look at each other as spiritually connected brothers and sisters in which it is the expectation that peace only comes and lasts when  through the equal enjoyment of justices for every human being, we restore our universal kindred rooted in the everlasting love of God and thus for each other, no matter the different ways in which we define God or positive moral principles which originate in understandings that we human beings in all our diversities are one and thus brothers and sisters.

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