A Comparative Study of Slavery or Practices Similar to Slavery in Saudi Law of Human

Trafficking 1

A Comparative Study of Slavery or Practices Similar to Slavery in Saudi Law of Human

Trafficking
By (Name)
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A Comparative Study of Slavery or Practices Similar to Slavery in Saudi Law of Human

Trafficking 2
ABSTRACT
Slavery is defined by the League of Nations Slavery Convention of 25 September
1926 as the status or condition of a person over whom any or all of the powers attaching to
the right of ownership are exercised (Scarpa 2014). The Convention also agreed that forced
labor may only be exacted for public purposes and requiring States parties to prevent
compulsory or forced labor from developing into conditions analogous to slavery (Scarpa
2014).That is, whenever humans are forced or lured into exploitation- regardless of whether
the movement of the victims is concerned -it is considered human trafficking. There are,
though there is considerable overlap with the exploitation of mutual consent, namely when
the economic vulnerabilities of the victims forced to accept exploitative working
arrangements. Consensual exploitation is mostly addressed through social and labor law,
while non-consensual exploitation is mainly addressed through criminal law. Both ways of
exploitation have adverse effects on equity, efficiency and are therefore obstacles to
development. Governments could consider the strengthening its efforts on non-consensual
exploitation, in particular in the area of access to justice for the poor and empowering
vulnerable groups to seek justice and good governance. In addition, there is a need to
strengthen knowledge about the prevalence, causes, and consequences of the exploitation of
non-consensual. In doing so, the governments should seek partnerships to complement
existing initiatives and experiences, however should also consider providing leadership in the
fight against exploitation and forced labor.

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Table of Contents
ABSTRACT.............................................................................................................. 2
INTRODUCTION....................................................................................................... 4
LITERATURE REVIEW............................................................................................... 4
HYPOTHESIS........................................................................................................... 5
PROJECT SIGNIFICANCE........................................................................................... 7
RESEARCH QUESTIONS............................................................................................ 7
PROJECT AIMS......................................................................................................... 8
METHODOLOGY...................................................................................................... 8
RESEARCH TIMETEABLE.......................................................................................... 9
ETHICAL CONSIDERATION..................................................................................... 10
REFERENCE LIST................................................................................................... 10

List of tables
Table 1 Research Timetable............................................................................................ 8

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INTRODUCTION
Slavery has existed since ancient times. It is as old as human civilization. All of the
worlds great founding cultures, including those in Mesopotamia, China, Egypt and India,
accepted slavery as a fact of life (Thomas 1996). It was also a common practice in subSaharan Africa and the Europe. As indicated by the United Nations, slave trade was a source
of high income, and the main trading countries (Spain, Portugal, the Netherlands, England,
and France) were able to achieve significant profits. Many industrial and agricultural
European cities have been built and sustained on the backs of African slaves. For this
concern, governments worldwide have tried to reduce the numbers of these crimes in their
countries. In fact, they have initiated new laws and sought some useful strategies to limit
these kinds of crimes. One of these governments is the Saudi government, which recently has
established a new law for human trafficking. This law was approved by the Council of
Ministers, held in Medina, Resolution Number (244) and the date of 02/07/1430 H, issued by
the Council of Ministers No. (30497 / 7) dated 22/07/1430 (Allain 2015). This includes
article two on the number of Crimes and slavery or Practices similar to slavery. And in the
light of the above question this may determine the next president to study the problem of how
to have practices similar to slavery, a crime of crimes of trafficking in persons in Saudi
Arabia compared to the British law.

LITERATURE REVIEW
According to Andreopoulo (2015), the US State department issued a report in 2011
about the efforts of States in combating trafficking in persons. The report detailed a number
of states whose governments did not fully comply with the minimum standards and were not
making significant efforts to do so. One of these countries is Saudi Arabia, which is a
destination for child labor, forced the employment of forced labor. This research deals with
the specific crime of human trafficking law that is called Practices similar to slave. It is an act

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designed to transfer, or attempt of transfer, or an attempt to move slaves from one state to
another by any means of transport. As well as any operations including trying to distort or
marking of the slaves or, that are poor status, both to signify the status or punishment, or any
other cause or help to do so (Green 2008).
My research work is a comparative study of both the British and Saudi legal system, I want to
know, how practices similar to slavery forms eradicated from Britain society were practiced
in the past. What those institutions, practices, techniques, idea or slogans they adopted are, so
as to better realize the values of both of the countries legal systems and to apply these positive
things to improve our own legal system. Secondly, my primary interests lie in the field of
Human Rights and criminology. I wish to focus on the future nature of slavery, its ideas and
its effects on our Saudi society.
Because for many long years researchers have accused the Saudi law of not only turning a
blind eye to human trafficking and foreign abduction, but also not preventing people being
used in practices similar to slavery and worse. "While the Saudi's officially abolished slavery
in Saudi Arabia back in the 1960's, the practice from citizens continues unabated (Henckaerts
et al. 2005). Saudi Arabia is one of the emirate nations that had many laws to guide
relationships between people. Based on Sharia law, the country has managed to maintain a
fairly consistent political climate that has social-political implications to foreigners.
Regardless, many foreigners have been unable to fit in the countrys rather strict religious
setting.

HYPOTHESIS
My comparison is also based on the root causes of trafficking in Saudi Arabia, British or any
other country being the same, which are:
Poverty
Lack of access to education
Lack of access to employment

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Lack of a chance to make a life
Responsibility for family members
Excitement at the prospect of travel
Family circumstances - violence, assault, male dominated family structures
I would also have to ask what, if anything, is specific about this subject. It has been forcefully
pointed out that all social science is concerned with is explaining variation and difference.
Many would say that comparison is the essence of all social enquiries or even of logical
inquiry in general. In principle, then, no line can or needs to be drawn between slavery and
practices similar to slavery in Saudi law of human trafficking.
As a student of Law and human rights, I am very hopeful that we can eradicate the evil of
ignorance from my society and bring peace and happiness to the faces of people. In so to
work on possibilities: to what extent can our Saudi government make changes in Kafeel
( sponsor system) and labor laws, and how can we take benefits from the British Government
Action Plan To Eradicate Trafficking in Person. In such circumstances, I need support and
give encouragement to help my country and the community in my society. I do not want to
speculate that the issue of human trafficking is a serious challenge in Saudi Arabia. However,
if such is this country, it needs to stop and all efforts to clean up the name of the state need to
be given prominence. It is crucial that this happens since many people have mixed opinions
about the Arabic world. Seeing projects to ensure human rights are safeguarded.

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PROJECT SIGNIFICANCE
This title has been investigated based on the newness of the law on human trafficking in
Saudi, and based primarily on the importance of this law, and the freedom of humanity.
According to the US State human trafficking is the third largest criminal enterprise worldwide,
generating an estimated $9.5 billion in annual revenue. According to the absence of
implementing regulations, which show the meaning of it, and the lack of the previous studies
concerned with this field, it appears to study such a subject, in order to clarify the law and to
explain and comment, so as a researcher investigate the subject.
The project will be a great factor to illuminate the situation in the nation and the possible
changes that can be made to the law to make it better. There have been many loopholes about
the ability of an employer to exercise rights over an employee as well as the ability to keep
slaves. Many people in the country often take advantage of these loopholes and end up misusing
their rights as employers. It is crucial that Saudi Arabia presents the right picture to society
about their treatment of foreign workers as well as the governments intolerance to slavery and
forced labor. This project will provide the relevant authorities with the right blueprint to seal
these loopholes.
RESEARCH QUESTIONS
First: What is the crime of practices similar to slavery and the differences between this crime in
Saudi law and British law?
Second: What is the size of this crime and the causes and effects?
Third: What is the punishment for the crime of practices similar to slavery and who is
responsible for investigating and the competent judicial authority given in this crime?
Fourth: hat is the best way to address the crime of practices similar to slavery?

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PROJECT AIMS
The main aim of his research is to identify instances of the crime of slavery-like practices in the
Kingdom of Saudi Arabia and the British Kingdom. The research will also try to find out the
size of this crime and its causes and its effects on communities, as well as how the best way to
address it, in order to provide recommendation, reservations, lawful and practical mechanism.
Finding out about the cases of modern slavery in the nation will shed light onto a matter that has
often been ignored by many. This will set in place a mechanism to investigate more of such
instances and handle them effectively. With the government drawing attention to the matter, this
project will have achieved its aim.

METHODOLOGY
Literatures will be reviewed along the study; this will enable the researcher to focus
meaningfully further more on certain aspects found to be important, even if these will be not
surfaced during the earlier stages. Design of data collection method will be almost started at the
middle of the second year and expect to be held for five months. Then, the process of collecting
data will probably be continued for three months and it may be extended as needed. The
analysis and interpretation of the gathered data will be done during the first five months in the
third year of the study. Extracting the conclusions and implications of the study will take about
four months and at the same time the researcher will make comparisons with results of other
studies.
The researcher in this study will use the analytical documentary inductive method which is
based upon reviewing all relevant books, systems, regulations, decisions, agreements, studies,
researches, reports and websites. As will the researcher will benefit from the experiences of the
countries and analyzing the fact in the Kingdom of Saudi Arabia and Britain. The researcher
depends also on the statements of many previous experts, jurists and scientists. The research

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will use what the rules, and the systems that the legislators and organizers have set up and
tradition that all syndicates, bodies, and professional association follow in this field.
RESEARCH TIMETEABLE
Table (1) provides information about an estimated time table. This table indicates the sequence
of research phases and the time that will be probably needed for each phase, taking into
account that it's an estimated time and maybe need to be extended.

Activity

Year1

Year2

Literature
Review
Method
Design
Data
Gathering
Data
Analysis
Conclusions
&
Implications
Writing
Thesis

Table 1 Research Timetable

Year3

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ETHICAL CONSIDERATION
At the first stage of the study, quantitative data will be collected through interviews. The
approval of conducting these interviews will be formalized through a written agreement
identifying the limits and extents of the permission to interview individuals. Furthermore,
throughout the interview process, complete confidentiality of the respondent would be given
a great importance. Participants will be informed if the researcher uses any recording devices.
The project will also take into consideration the respondents social need to be anonymous.
Being that the sensitive topic of slaves will be discussed, it will be important to ensure that
there is ample privacy for the interviews as well as maximum discretion in the responses
given. It will also be crucial that the interviews avoid certain questions regarding identity and
status of persons that will take part in the study.

Reference List

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Allain, J. 2015, the law and slavery: Prohibiting human exploitation. Brill Nijhoff.
Andreopoulo, G. 2015, Policing across borders: Law enforcement networks and the
challenges of. Place of publication not identified: Springer.
Gallagher, A. 2001, Human Right and the New UN Protocols on Trafficking and Migrant
Smuggling, a Preliminary Analysis.
Genovese, E. D. 2014, the political economy of slavery: Studies in the economy and society
of the slave South (6th ed.). New York: Vintage Books.
Green, D. 2008, from poverty to power: How active citizens and effective states can change
the world. Oxford: Oxfam International.
Henckaerts, J., Doswald-Beck, L., & Alvermann, C. 2005, customary international
humanitarian law. Cambridge: Cambridge University Press.
Scarpa, S. 2014, BOOK REVIEW: The legal understanding of slavery: From the historical to
the contemporary. Leiden Journal of International Law, 27(2), 551-556.
Thomas, H. 1996, World history: The story of mankind from prehistory to the present. New
York: HarperCollins.