Labour exploitation of migrants is a serious problem worldwide, also in Europe and in the Netherlands. Since the entry into force of the Palermo Protocol (2000), labour exploitation has been... Show moreLabour exploitation of migrants is a serious problem worldwide, also in Europe and in the Netherlands. Since the entry into force of the Palermo Protocol (2000), labour exploitation has been regarded as a form of the criminal offense of human trafficking. This means that the approach is largely aimed at the most serious forms of exploitation and at criminal prosecution of the perpetrators. The legal position of the victims is subordinate to the criminal proceedings. This study focuses on the rights of migrants to protection against labour exploitation; in the EU and in the Netherlands in particular. Labour exploitation is herein defined as a violation of labour standards laid down in different jurisdictions. Based on an analysis of human rights, criminal law, the right to free movement of persons and migration law for third country nationals, how protection is offered to migrants against labour exploitation. The research identifies the rights that migrants can derive from these four jurisdictions and analyses how access to these rights are facilitated by the state. Due to this combination of aspects, this study contributes to increasing insight into migrant's rights to protection against labour exploitation by the state. Show less
In the Netherlands, labour trafficking was criminalised as human trafficking in 2005.1 Since then, criminal investigations into labour trafficking have slowly taken off. Building on a content... Show moreIn the Netherlands, labour trafficking was criminalised as human trafficking in 2005.1 Since then, criminal investigations into labour trafficking have slowly taken off. Building on a content analysis of files and reports from the labour inspectorate, this paper contributes to the currently limited body of knowledge on the nature of labour trafficking. It does so by focussing on scholarly debates about the nature of the crime and its relation to labour migration. Based on the analysis, it is argued that the bulk of labour trafficking should be understood as a by-product of labour migration, and that labour trafficking often arises from the economic opportunistic motives of businesses and only occasionally occurs in criminal environments. In addition, the paper adds to our understanding of the prosecution of human trafficking by analysing why so many labour trafficking cases in the Netherlands have not resulted in a conviction. Building on a qualitative analysis of case law, it is shown that a major problem in getting suspects convicted is that the human rights threshold against which cases of labour trafficking are tested is often not surpassed, as the abuses in the labour market are often deemed not excessive enough to qualify as human trafficking. Show less
This thesis examines in comparative perspective the Dutch and the Portuguese Atlantic empires in the 17th century, using West Africa as a case study. The book is divided into two parts. In Part I,... Show moreThis thesis examines in comparative perspective the Dutch and the Portuguese Atlantic empires in the 17th century, using West Africa as a case study. The book is divided into two parts. In Part I, we study how the conditions in the home countries influenced the building of the empires. Here we examine the goals of the Dutch and the Portuguese States and of the mercantile elites and their strategies for the building of their empires. In order to do so, we analyse the transfer of institutions, the labour migration and the formation of colonial societies. Part II deals mainly with the economic strategies of the Dutch and the Portuguese in their Atlantic Empires. Here, we examine the way these two European sea powers and their private entrepreneurs organized the trade on both an international and local level, as well as the way in which they structured their commercial and business networks, our final goal being a discussion of their struggle for the control of the supply and the consumption markets in the Atlantic. Further, we debate the role of the States, the State-sponsored companies and of the private traders on the building of the Dutch and the Portuguese Atlantic economies. Show less
