Strategic litigation is one of the most promising legal mechanisms in the fight to end slavery. It has the potential to drive legal reform, punish perpetrators and compel corporate action. It can also act as a genuine deterrent by increasing the costs – both financial and reputational – to those who profit from slavery.
We provide funding for anti-slavery strategic litigation that seeks to establish important legal precedents to eliminate modern slavery. Our grants have supported ground-breaking legal efforts across the world – from criminal proceedings against European companies implicated in widely publicised abuses of South Asian workers on construction sites in Qatar; to supporting migrant workers and activists in Thailand being sued for criminal defamation by corporations against which they have alleged forced labour practices. In particular, we actively seek out opportunities to support innovative legal strategies that are pushing the frontiers of corporate accountability.
2. STRENGTHENING CRIMINAL JUSTICE APPROACHES TO ENDING SLAVERY
Domestic legislation criminalising trafficking and slavery offences exists in the majority of countries, but enforcement is patchy at best and successful prosecutions are rare. The perpetrators of modern slavery therefore face little or no risk that the human rights violations that they commit will result in criminal penalties.
Across the Freedom Fund’s hotspots, local NGOs are involved in supporting survivors to access justice, training law enforcement officials and advocating for the enforcement of effective legislation criminalising slavery offences. The report Pathways to Justice: How frontline organisations are harnessing the law to tackle modern slavery highlights key lessons learned from our local partners legal interventions.
Our work under the global initiative seeks to amplify these efforts by strengthening criminal justice approaches within and beyond our hotspots – to be shaped by an upcoming multi-country review of legal interventions delivered by our frontline partners – as well as by supporting the development of norms of corporate criminal responsibility.
3. BUILDING NETWORKS AND PARTNERS
Slavery is a crime that crosses borders, sectors and jurisdictions. It requires a global, coordinated response. This means that alongside funding litigation and research, it is equally important to support movement building in this space.
Since 2015 we have partnered with the Human Trafficking Legal Center to build a global anti-slavery strategic litigation network, and we continue to seek out opportunities to support the creation and expansion of coalitions working towards common goals of accountability. Another key element of our movement building role involves collaborating with donors to raise awareness of the role of the law in tackling modern slavery, as well as increase funding for legal work.
LEGAL STRATEGIES REPORTS
Under the Legal Strategies initiative we have supported the following reports:
- Accountability for forced labor in a globalized economy: Lessons and challenges in litigation, with examples from Qatar
- Ending Impunity, Securing Justice: Using strategic litigation to combat modern slavery and human trafficking
- Fighting Impunity, Funding Justice: Investing in strategic litigation to combat modern slavery
- Modern slavery and corruption
- An Exploratory Study on the Role of Corruption in International Labor Migration
- Fighting Modern Slavery: What role for international criminal justice?