Professional Documents
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nl/ajss
Annuska Derks
Bern University
Abstract
he introduction of this special issue takes up the questions: Why ‘bonded labour’? What do
we mean by it? And, why focus on ‘bonded labour’ now? Answers to these questions require an
efort of deinition, as well as contextualisation, of a phenomenon that, though long expected
to disappear with societal and economic developments, has persisted or re-emerged in the wake
of current processes of transnational migration and globalisation. he introduction briely dis-
cusses longstanding theoretical debates on bondage in past and present Asia, as well as new
insights derived from a Swiss research project focusing on ‘Contemporary Forms of Bonded
Labour in Southeast Asia.’
Keywords
bonded labour, debt bondage, indentured labour, slavery, free labour, labour migration,
Southeast Asia
he title of this special issue raises its own questions of explanation: Why
‘bonded labour’? What do we mean by it? And, why focus on ‘bonded labour’
now? Answers to these questions require an efort of deinition, as well as
contextualisation, of a phenomenon that, though long expected to disappear
with societal and economic developments, has persisted or re-emerged in the
wake of current processes of transnational migration and globalisation.
Within the introduction to this special issue, I intend to briely discuss long-
standing theoretical debates on bondage in past and present Asia, as well as
* An earlier version of this paper was presented at ICAS 6, Deajeon, in August 2008. I am
grateful to Anthony Reid, Nicolas De Genova and the contributors of this issue for their
extremely helpful comments on earlier drafts of this paper.
Coming to Terms
Why focus on ‘bonded labour’ when it is actually more fashionable to speak
of ‘modern’ or ‘new’ forms of ‘slavery,’ ‘traicking’ and ‘forced labour’?
Although referring to diferent practices and to diferent discourses originat-
ing in diferent times and in diferent eforts to combat these practices, the
terms are often used interchangeably. To illustrate, the ILO (2005; 2009)2
considers ‘slavery’ and ‘bonded labour’ as a form of ‘forced labour’ and ‘traf-
icking’ as a practice leading to ‘forced labour’; the U.S. State Department
(2005; 2009)3 calls ‘the enslavement of people for purposes of labour exploi-
tation’ or ‘forced labour,’ as well as ‘bonded labour,’ a form of ‘traicking’;
and Bales (1999) sees ‘chattel slavery,’ ‘debt bondage’ and ‘contract slavery’ in
modern labour relations as forms of ‘new slavery.’ To avoid confusion and to
bring some nuance in the analysis of these phenomena, it is, thus, necessary
to be clear about what one is talking about when using a concept like
‘bonded’ labour.
Probably the easiest way to start doing so is by looking at what is generally
considered to be its opposite: ‘unbound’ or ‘free’ labour. For Marx
(1974[1857−1858]:406), ‘free labourers’ are ‘free’ in two respects, namely
free from means of production (i.e., they are property-less) and free from old
patron-client and bondage obligations. As a result, ‘free labourers’ are forced
to sell their labour power (Arbeitskraft) as if it were a commodity in order to
survive. Although ‘free’ labourers do not belong to one who buys their labour
power and are thus ‘able to enter and withdraw from the labour market at
will’ (Brass, 1999:10), they are dependent on the whole class of buyers
(employers) for their subsistence. Marx (1975[1885]) puts this in contrast to
slave labour: Slaves have been sold, together with their labour power, to one
1
his 3-year research project was funded by the Swiss National Science Foundation and
involved researchers from the Institute for Social Anthropology, University of Berne, and the
Graduate Institute of International and Development Studies, Geneva.
2
he ILO relies on the Forced Labour Convention of 1930 (No. 29) for its deinition of
‘forced labour’ as ‘all work or service which is exacted from any person under the menace of any
penalty and for which the said person has not ofered himself voluntarily.’ his is the interna-
tionally, legally-accepted deinition of ‘forced labour’ and covers such forms as slavery, serfdom
and debt bondage (Lerche, 2007:427).
3
he U.S. State Department annual reports document the scope of ‘traicking’ around the
globe and categorise all countries according to their eforts to combat the practice.
A. Derks / Asian Journal of Social Science 38 (2010) 839–852 841
particular buyer who can resell them to another. Slaves are in and of them-
selves a commodity (Ware), but their labour power is not their commodity.
his does not mean that all non-slave labour should be considered ‘free’
(Engerman, 1999:2). Indeed, as Brass (1999:11) states, to view all forms of
labour relationships that do not entail ownership of persons as ‘free’ would be
to ignore additional forms of ‘unfreedom.’4 hese forms of ‘unfreedom’ occur
in situations where labour power is prevented from entering or withdrawing
from the labour-market under any circumstances, in person, or only with the
consent or at the convenience of someone else than its owner (ibid.). hese
are, according to Brass, exactly the kinds of ‘unfreedom’ which arise in the
case of bonded labour.
Such recognition of diferent kinds of ‘unfreedom’ also urges us to rethink
the conception of ‘slavery’ as the antithesis of ‘freedom’ as is so typical for
dominant Western thought (Patterson, 1991). As anthropologists have
pointed out long ago, to be ‘free’ does in certain African societies not mean
to be ‘unbound,’ but to the contrary to belong to a certain group, which
means having alliances and privileges that a slave, a ‘stranger par excellence,’
lacks (Meillassoux, 1986). his is, albeit in diferent ways, also an argument
that could be made for Southeast Asia. As Reid (1983:21) points out in the
introduction to his volume on Slavery, Bondage and Dependency in Southeast
Asia, the alternative to slavery was some other form of obligation, more or
less burdensome, rather than any clearly deined rights as ‘freeman.’ In other
words, what was for Marx a distinguishing feature of a ‘free labourer,’ i.e., to
be without bonds and obligations (to be ‘loose and unattached,’ as Marx
[1974:408] formulated), has in other settings been deined as characteristic
for slavery.5
hese contradictory understandings of slavery and freedom reveal some of
the conceptual ambiguities relating to theorisation about ‘(un)free labour.’ It
shows that instead of categorical oppositions, the distinctions between ‘free’
and ‘unfree’ should rather be considered as gradual and contextual. his con-
ception of graduations, or degrees, in ‘(un)freedom’ is also helpful in our
analysis of bondage and dependency in contemporary Southeast Asia. Our
focus here is particularly on ‘bonded labour,’ which we understand to include
4
he property aspect is central in most deinitions of slavery (e.g., Nieboer, 1971[1910];
Watson, 1980; League of Nations, 1926). Anthropologists have criticised this emphasis on
property and ownership in most deinitions of slavery, because the nature of property changes
with diferent cultural and socioeconomic contexts (Kopytof, 1982; Condominas 1998). Sev-
eral authors have, therefore, argued that slavery is not so much about being property, but about
being excluded from society and made into an exploitable outsider — to a degree that Patter-
son (1982) has called ‘social death’ (see also Meillassoux, 1986; Testart, 2001).
5
I thank De Genova for pointing this out.
842 A. Derks / Asian Journal of Social Science 38 (2010) 839–852
both debt bondage and indentured labour, because it appears to be least con-
fusing and most appropriate to illustrate linkages between past and present
forms of bondage in Southeast Asia.
Before we look at these linkages, we irst have to ask what it is that binds
bonded labourers? he crucial categories in bonded labour arrangements are
those related to debts and contracts. Historically, debt was, according to Reid
(1983:12) ‘the most important source of bondage’ in Southeast Asia. Debt
bondage originates in the practice of pawning persons, as opposed to prop-
erty, for the discharge of a debt (Bush, 2000:39). his means that debtors
themselves who could not repay their debt or their dependants were trans-
ferred into bondage to the creditor as a guarantee for a debt or a security for
a loan (Testart, 2001:76). Within Southeast Asia, pawning one’s dependants
or oneself, or else entering a very unequal partnership with the creditor who
became the patron or master, was a common means of obtaining capital
(Reid, 1983:11). While debt bondage theoretically presents a temporary form
of bondage, which terminated upon discharge of the debt, it could in prac-
tice last a lifetime and even be heritable when the debt could not be repaid
(under the conditions set by the creditor/employer).
Here debt bondage difers from the related practice of indentured labour
as practised around the turn of the 20th century. While similarly consisting
of ‘a pledge of service for the repayment of a debt’ (Bush, 2000:39), inden-
tured labourers, also called coolies, were bonded to work in a distant land for
a ixed period. hey became indebted due to their inability to pay the fare
and were contractually obliged to repay their debt by providing a speciied
period of labour. he pledge to repay was formulated in a (written) contract,
or indenture, which the labourers supposedly signed voluntarily, but after
which they had no choice of master or of work and were subject to strict
public laws that tied them to their master who was legally entitled to exploit
their labour, or to sell them on, until the contract expired (Engerman,
1986:268−269; Bush, 2000:28).
Although originating from diferent systems, the red line between debt
bondage and indentured labour is, to borrow Maurer’s phrase, extremely thin.
While the former is often associated with a ‘traditional’ credit system and the
latter with a labour system that developed during colonial times, examples
show that there was in reality considerable overlap between the two. In his arti-
cle on Javanese indentured labourers in New Caledonia, Maurer (2010) shows
how indentured workers would, while working of their initial debt that cov-
ered their recruitment and travel expenses, be obliged to contract new debts to
be able to buy subsistence necessities. Being doubly debt-bonded to their
employer, many had no choice but to sign on for another term. Conversely,
A. Derks / Asian Journal of Social Science 38 (2010) 839–852 843
Bondage Today
his brings us back to the question: Why ‘bonded labour’ now? he major
attention for ‘traicking’ for prostitution and ‘slavery-like’ practices in trans-
national contexts suggests that despite the fact that slavery, debt bondage and
the indentured labour system have all been abolished, various kinds of
‘unfree’ labour arrangements continue to be a common phenomenon in Asia.
he ILO (2005:13) estimates that three-quarters of the global number of
‘forced labourers’ (12.3 million) can be found in Asia and the Paciic.6 While
such numbers may call attention to the urgency of the issue, they tell us
nothing about what this bondage consists of, why it takes place now, or how
it relates to practices in the past. In our research project on ‘bonded labour,’
we seek to explore these questions and make such connections, while reveal-
ing gaps and errors in common perceptions of ‘unfree’ labour in contempo-
rary Southeast Asia. he contributions in this volume all take a processual
approach to bonded labour and look at how bondage arrangements develop
over time and space. his has allowed us to challenge some popular narratives
in which bondage is associated with particular sectors, population move-
ments and situations.
Within the dominant narrative about bondage today, ‘modern forms of
slavery’ and ‘traicking’ have been intimately linked to prostitution. While,
as several authors have pointed out, this common association between bond-
age and prostitution shows some clear similarities with the late 19th century
debate about the mobility and trade of women’s labour and bodies (Doezema,
1999; Derks, 2000; Kempadoo, 2005:x), it is questionably to what extent it
relects actual patterns — it may, in fact, hide actual patterns (see also Ander-
son and Rutvica, 2008). he ILO (2005:13−14) estimates that traicking for
‘commercial sexual exploitation’ constitutes less than half of all traicking
cases worldwide and less than ten percent of total ‘forced labour’ in the Asia
and Paciic. In other words, bondage does not necessarily exist where one
would, on the basis of the dominant narrative, expect it the most. his also
the argument of Nguyen and Gironde (2010) in their paper on Vietnamese
sex workers in Cambodia. hey show how important it is to analyse bondage
in prostitution in relation to mobility patterns more generally, as well as in
relation to the ways it builds on, but also may transform dependency rela-
tions in the home situation.
6
It has to be added here that the major part of the cases relate to debt-bonded labourers in
South Asia.
A. Derks / Asian Journal of Social Science 38 (2010) 839–852 845
In Search of (Dis)continuities
While the above discussion gives a clear idea about how bondage works
today, we have so far few answers to the question as to why it is — still or
again — used today. he question, as such, is, however, inherently linked
to the assumption that bonded forms of labour had or should have ceased
to exist.
his assumption has a long tradition. Both Marx (1957[1867]) and Weber
(1972[1921]) saw ‘free’ wage labour as conditional for the development of
capitalism.7 he idea was that capitalist development would make reliance on
slavery and bonded forms of labour unnecessary, as the process of proletarisa-
tion and a growing number of landless labourers would make ‘wage labour a
cheaper and more eicient system of exploitation’ (Reid, 1983:33). Even if
the issue of irrationality and ineiciency of ‘unfree’ labour may have been
questioned since the appearance Time on the Cross (Fogel and Engerman,
1989[1974]), the moral and humanitarian arguments leading to the formal
abolishment of slavery and other forms of bondage seem to have been uni-
versally accepted today. his has led to the conviction that with the formal
abolishment of these practices, the state would provide protection against any
form of force, coercion or bondage in labour relations by means of legislative
sanctions.
Research on bonded labour in South Asia has shown, however, that these
assumptions are not correct. In India, where the system of bonded labour
and its persistence has been much more extensively studied than in Southeast
Asia, it became evident that bonded labour did not disappear with legislation
banning the practice in 1976 and with the advancement of capitalism in the
Indian rural economy, but has, in fact, continued to exist and taken on new
forms — which Breman called ‘neo-bondage’ (Breman, 1970, 1996; Breman
et al., 2009; cf. Brass, 1999). his has led to a long-standing theoretical debate
on the relation between ‘unfree’ labour and capitalism, with disagreeing posi-
tions as to whether freely-entered contractual relations should really be con-
sidered ‘unfree,’ whether ‘unfree’ labour relations are the result of the
persistence of semi-feudal structures, or whether ‘unfree’ labour relations are,
in fact, perfectly compatible with capitalism (Lerche, 2007; cf. Rao, 1999;
Brass, 1999).
7
It has to be noted here that, for Marx, ‘free’ (wage) labour is basically another form of
labour subordination, consisting of ‘free, unprotected and rightless proletarians’ who have been
dispossessed of their means of subsistence and are compelled to sell their vital energies to earn
the money necessary for their survival (De Genova, 2010:56−57).
848 A. Derks / Asian Journal of Social Science 38 (2010) 839–852
8
According to Nieboer (1971[1910]), who explored the conditions necessary for the success
of slavery as an industrial system, open access resources that make subsistence easy to acquire
further the growth of slavery. Under conditions of open access resources, everybody is able to
provide for himself. Free labourers will not ofer themselves, at least not for employment in the
common drudgery, the rudest and most despised work and therefore have to be compelled
(ibid.:421).
A. Derks / Asian Journal of Social Science 38 (2010) 839–852 849
parental (and state) concerns regarding the safety and sexual morality of their
migrant daughters. And, while labour and migration regimes contribute to
severe constraints in the freedom of movement and a total control over the
labour power and earnings of Vietnamese and Cambodian migrants abroad,
they also create the conditions for employers to capitalise on their role as pro-
tector and as guardian of migrants’ take-home pay.
hese examples suggest that we should go beyond a view of bondage as a
purely economic relationship. Any analysis of bonded labour arrangements
needs to be embedded in a broader social, cultural, political, economic and
legal context and to take into account the ways in which bonded labour
arrangements are ambiguously characterised by exploitation and mutual obli-
gation. And it may be exactly due to these kinds of ambiguities that the exist-
ence of ever-renewing forms of bonded labour arrangements remains possible
into the 21st century.
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