Methods for Identifying Slavery

"Slavery may exist even without torture. Slaves may be well fed, well clothed, and comfortably housed, but they are still slaves if without lawful process they are deprived of their freedom by forceful restraint." (Nuernberg Military Tribunal 3-Nov-1947, Opinion and Judgment on Case 4. United State vs. Pohl)

Slavery Updates: Friends, I had uploaded few more resources in relation to slavery, especially the Australian High Court landmark judgment on Case of Wei Tang (Queen vs Tang, 2008) and few related discussion made by Prof. Jean Allain, world's renown expert on slavery laws. Whilst the 1926 legal definition of slavery still standing in today's world of contemporary forms of slavery, to my observation, there are three (3) differing approaches in identifying the slavery:

(i) An approach taken by ICTY -- the International Criminal Tribunal on former Yugoslavia -- on the case of Kunarac (2002). In this case, the indicating factors (Factor Indicia) that arising out from perpetrators criminal action upon the enslaved, were used to identify the case of slavery. This said to be more broader approach to enslavement issues.

(ii) The approach taken by High Court of Australia on case of Wei Tang (2008). In this case, the HCA had used strict legal definition of 1926 Slavery Convention, analysing on the forms of powers exercised by the accused, to reach its verdict (Para 1-59 Queen vs. Tang [#1], Gleeson Chief Justice). This said to be more orthodox approach to slavery.

(iii) Another approach by Justice Hayne, that had been taken in case of Wei Tang (2008). In this approach, the slavery is to be understood from the view point of victim whose freedom and liberty were severely deprived off, rather than focusing on the criminality of the accused (Para 132+, Queen vs. Tang [#1], Justice Hayne).

Friends, it may be more instructive to look at the case of Wei Tang on the second approach. I do see the similarities of situation: i.e. "Club 417 and exploitation of prostitutes" and "LNP Cohorts and exploitation of offshore asylum-seekers". By following closely to HCA considerations, we might be able to apply directly on our cases of offshore slavery. Please have a look in the section "legal resources" on noted reports.

Since the time I had communicated this matters to Hon. Andrew Wilkie MP in 13th May 2017, I am now even more convinced that there has been an undeniable case, contestable in a court of law, of LNP government perpetrating crime against humanity of enslavement (slavery). I earnestly invite our friends to look into the details of Queen vs. Tang, making efforts to decipher the contents of HCA judgment.

-- Regards, U Ne Oo, NetIPR.

http://www.aus4iccwitness.org/node/46 (Letter to Andrew Wilkie MP)

http://www.aus4iccwitness.org/node/64 (Slavery resource page )

[#1] The Queen vs Tang (2008), the High Court of Australia landmark judgement on slavery (PDF).
[#2] Case Note on Queen vs Tang by Prof. Jean Allain of QUB (2009) (PDF)
[#3] Contemporary slavery and its definition in law by Prof. Jean Allain (2016) (PDF)
[#4] Guest Lecture Series of the Office of the Prosecutor ICC by Jean Allain (2007) (PDF)