Can Modern-Day Slaves Be Paid and Still Be Slaves?

Some stories of human trafficking clearly sound like slavery. Women or children are locked up, forced to work, beaten if they don't comply, and denied even a penny in exchange for their efforts. But many cases are much more complex. These cases often involve people who are forced or coerced into working, but also receive some payment. Where do you draw the line between a crappy, low-wage job and modern-day slavery? Is a slave still a slave if he or she is getting paid?

The short answer is yes. Human trafficking is about freedom, not money. A simple, central question to ask to determine if someone is a modern-day slave: "Is the person free to leave?" In the U.S., the Trafficking Victims Protection Act breaks that question down into three categories: force, fraud, and coercion. If somebody is forced, tricked, or coerced into working, then the U.S. determines that they are not free to leave, and are a victim of human trafficking. Case law from U.S. criminal cases has established that wage payment does not necessarily mean that the labor is voluntary. If a person is compelled to work by force, fraud, or coercion, even nonphysical forms of coercion such emotional or financial abuse, then that person is a human trafficking victim, regardless of any payment received.

While some trafficking victims are indeed paid for their work, these wages are rarely fair and almost never significant. For example, let's say the Mbasi family hires Abbi, a 16-year-old girl to work as a domestic servant. They promise her room and board, $200 a week, and the chance to go to school in the U.S. When she arrives, however, she is forced to work 14-16 hour days cooking and cleaning for the family. She is not permitted to go to school, and paid only $50 per week for over 80 hours of work. When she asks to go to school or to call her parents, Mr. Mbasi refuses and threatens to deport her. Abbi knows that her father took out an enormous loan to send her to the U.S., and she can't afford to be deported.

While the wage Abbi is being paid (and the wage she was promised) is certainly far under minimum wage and unfair for the amount of work she is doing, Abbi is a trafficking victim because she is forced and coerced into working. Her lack of freedom and inability to leave her situation due to Mr. Mbasi's threats of deportation mark her situation as one of modern-day slavery. She isn't locked in a house, but the emotional fear of deportation and the financial power the Mbasis have over her prevent her from leaving. Even if Mbasi was making the $200 per week promised to her, she would still be unable to leave.

Law enforcement, juries, and other players in the legal system have operated under the misconception that payment negates a person's status as a human trafficking victim. This misconception has led to the deportation of victims and the release of traffickers back to the streets. As the next level of public education and awareness of human trafficking is developed, the issue of payment or wages not negating slavery should receive attention.

Photo credit: Materials Aarts