Workfare and Anti-Slavery Legislation

Left-wing bloggers against workfare, like Johnny Void, have repeatedly pointed out that workfare constitutes a form of slavery. Under the government’s welfare to work reforms, benefit claimants can be forced to work for companies for no pay, if they wish to receive their benefits. This applies even if the claimant has been sanctioned, so that they receive no benefit payments whatsoever, and are forced to use their savings or go to a food bank. Even if this does not constitute slavery, it certainly constitutes forced labour, which is almost the same and just as offensive under international law.

Yesterday I put the oath medieval slaves took in seventh century France, when poverty forced them to give up their freedom and become a lord’s slave. I pointed out how close this was to current workfare and in particular the use of workfare labour when the claimant has been sanctioned.

Sasson commented on the piece that it was ironic that the Tories were boasting about the efforts they were making to combat modern slavery, while bringing it back with their wretched welfare reforms. That’s exactly right, and I doubt if the point’s been lost on other left-wing commenters and bloggers either.

Mike over at Benefitbloodbath and other bloggers have pointed out that slavery is illegal under article 4 of the UN code of Human Rights. It is also illegal under British national and imperial law.

Slavery was formally abolished in the British Empire with the passage of Edward Stanley’s slavery abolition bill at midnight on the 31st July 1833. It received royal assent nearly a month later on the 28th August. Under its provisions, all slaves were automatically freed from the 1st August of that year. Even before this government decided to ban slavery formally, it had legally ceased to exist in the British Empire under the terms of Act 3 & 4 Will. IV c.73.

It could be argued that rather than being the property of private individuals, like the slaves freed under the above Slavery Abolition Act, those placed on workfare are most similar to the slaves owned by the British crown. These were slaves owned by the British state, some of whom it appears were apprenticed or indentured to private masters. Crown slaves in the Bahamas, Barbados, Dominica, Grenada, Jamaica, Mauritius and Trinidad were given their freedom under the orders of British government c. 1831. See the House of Commons Papers 1831: Slave Emancipation: Crown Slaves.

Liberated Africans, which was the term used by the British government to describe the slaves liberated from slave ships captured by the Royal Navy, were also freed by the British government. They were placed under the custody of the Crown, and apprenticed to individual private masters, who were supposed to teach them how they could support themselves as self-reliant, independent citizens. When they were given their freedom, the British government order a general muster of the Black and coloured population in the West Indies. Those, who had served their apprenticeships were to be given a certificate declaring them to be free. Those still serving their apprenticeships were to have them cancelled. They were then allowed to remain in the colony with the same rights as the rest of the free Black population. See the government paper House of Commons Papers 1831: Africans Captured: Apprenticed Africans.

Slavery was also declared to be non-existent under British law over fifty years earlier, with the Mansfield judgement on the Somerset case in 1772. James Somerset was a slave belonging to James Steuart. Steuart wished to take him from Britain to America to sell him. Somerset refused to go, and ran away. He was aided by British abolitionist campaigners, who pleaded habeas corpus in his defence, so that he could remain in the country during the trial. Habeas Corpus is, of course, one of the provisions in that document, Magna Carta, which David Cameron confessed to not knowing what it was on Letterman. The case was brought by the British anti-slavery campaigner Thomas Clarkson, who used it as a test case to see if slavery existed under British law. Lord Mansfield, reviewing the law, declared that it didn’t.

This meant that slavery was unenforceable in Britain. The owners of slaves, who ran away, could not use the law to reclaim their property.

Mansfield also made some stinging criticisms of slavery itself. In his ruling, he declared

‘The state of slavery is of such a nature that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons, occasions and time itself from whence it was created, is erased from the memory. It is so odious that nothing can be suffered to support it, but positive law.’

Which pretty much applies to workfare, as it has been introduced by law. It is so odious that, as Johnny Void has reported, the government has refused to disclose the identities of the companies, that have signed up for it for fear that public pressure will force the same companies to abandon it once their support is known. This is tacit admission that Mansfield is right, even today.

Furthermore, the enslaved themselves were aware of Mansfield’s judgement in America and the Caribbean, and made use of it to demand their freedom. In the early 19th century several slaves came forward to claim their freedom after returning to the Caribbean from England, or British territory, considering that they had effectively been given their freedom through residence there. They were Grace James, ‘Robert’, and ‘Rachael’ and ‘John Smith’. Grace James had been taken to England in 1822 by her mistress, Ann Allan. She returned to Antigua with her mistress the following year, 1823. Two years later she presented herself to the Collector of Customs, claiming that she had been illegally held in slavery and demanding her freedom under the terms of the 1824 Consolidation of Slavery Act. Robert had also been taken to England in 1815 by his master, William Burnthorne. They returned to Antigua in 1818. Like Grace James, Robert claimed his freedom through his residence in England, whose law did not recognise slavery.

Rachael and John Smith had come to Antigua from Barbados. They had gone with their master, Major Watts, to Gibraltar, a British territory, before returning to Barbados in 1819. Their claim to freedom is slightly different to the others, as they alleged that they had been given certificates of freedom in Gibraltar, but had given this to a resident of the island to register after they returned, when they were seized by Watts’ mother under power of attorney. The Antiguan solicitor-general, Musgrave, concurred with the slaves, declaring that they were now free and citing the precedents under English medieval law. See the government pamphlet Slaves in the Colonies: A Copy of Any Information.

It seems to me that these cases show how dubious workfare is legally, especially when it is applied to benefit claimants, who have been sanctioned. I think the Mansfield judgement, and the cases of Grace James, Robert, Rachael and John Smith could be cited to show that in such a case, even if workfare did not constitute slavery per se, it should be unenforceable.

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10 Responses to “Workfare and Anti-Slavery Legislation”

  1. Jeffery Davies Says:

    Charities who take a slave say they dont sanction them but uf said slave doesnt turn up ring ring hello this is the jcp whot is it you want charity our slave has turned up ops sanctioned has of that call charities have now become the new slave masters jeff3

  2. sasson1 Says:

    I always think as well of the poor white – whether young or old – who were treated as badly as the slaves, yet it’s not spoken about as much.

    Newly freed slaves back then were still in the same position as poor white people, and faced the cruelty of the Richs’ whims.

    And since the decline of manufacturing in the western world, and the following lower wages, many of those ‘lucky’ enough to have a job and work in places like warehouses, are physically ill due to the psychological and physical aspects of the job they ‘can’t afford to lose’. It’s not just Amazon either, it’s the same at many warehouses and it’s been going on for years now: wage slaves indeed.

  3. chriswaynepoetry Says:

    I feel that workfare and slavery have two things in common. Firstly, how the victims of each are perceived as ‘less than human’ by not only those ideas slavery and workfare are, but by a large percentage of the population. Secondly (and this is a wider point about society), about how people in general are sadly seen as mostly economic units, whose main contribution in life is seen as purely financial. It saddens me deeply.

  4. sasson1 Says:

    http://www.motherjones.com/politics/2012/02/mac-mcclelland-free-online-shipping-warehouses-labor

    And by the way, even if you stop shopping at Amazon, your package will arrive at a warehouse that has exactly the same policy, and delivery staff who are similarly stressed to the bone. I have considered what to do personally, but I have no choice as I’m almost always housebound now, and it pains me that I’m contributing to the system.

    Oh, and of course, the supermarkets using workfare are abusing just the same, only the (40%, in some supermarkets, of) ‘staff’ get paid their JSA, and in some cases, absolutely nothing since some are only signing for their national insurance stamp and receive no additional ‘benefits’.

  5. julieanneda Says:

    Reblogged this on Thoughts of a Wolf in Sheep's Clothing.

  6. stilloaks Says:

    Reblogged this on DWPExamination..

  7. brightonredhot Says:

    Reblogged this on Brightonredhot’s Weblog.

  8. Ilíon Says:

    BR,
    I’ll take your opposition to slavery seriously when you stop trying to enslave your fellow subjects in the name of “compassion”.

  9. A6er Says:

    Reblogged this on Britain Isn't Eating.

  10. Blissex Says:

    Well the discussion about poor relief in the UK has moved in cycles for a several hundred years between two models: the Speehamland one and the 1834 workhouse one. The current government wants to turn the poor relief system back to workhouses.

    But it is not because they are elitist aristos who despise the poor, but because the middle classes despise the poor, and so it is a big vote winner.

    The UK middle classes, especially retired, are full of spite for the poor, and also they want less expensive and more deferential hired help,
    and they see unemployment benefit as keeping wages too high.

    They look approvingly at millions of desperate immigrants living 4 to 8 in a bedroom or in tents in rubbish dumps while working for low low black economy wages and are outraged that the unemployed demand more.

    They see those millions of immigrants as proof that there are plenty of low low paid jobs and native unemployed people as whiny and greedy lazy ninnies who are not willing to live in the style they deserve and work hard for low low pay. The workhouse or workfare-for-nothing are seen not as slavery but as a fitting punishment, but also as a way to help keep wages low for everybody else.

    What the middle classes, especially retired, want is romanian cleaners, bulgarian gardeners, syrian carers, working for 2-3 pounds an hour, and are simply resentful that they pay taxes to keep the native unemployed in what they perceive as a luxurious lifestyle described endlessly by the government and the press as mansions with many spare bedrooms and benefits well above average earnings.

    What the middle class, especially retired, want is not just bigger tax-free effort-free capital gains for themselves, but also the race to the bottom for everybody else.

    What the government is doing is also nothing new; J Hutton the notorious blairite summarized the vote-winning story very well a few years ago as:

    http://www.yorkshirepost.co.uk/news/main-topics/local-stories/crackdown-on-benefits-scroungers-1-2412296
    «He said that benefit claimants needed to compete for jobs with migrant workers, many from Eastern Europe. He went on: “We cannot reasonably ask hard-working families to pay for the unwillingness of some to take responsibility to engage in the labour market.”»

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