Trafficking in human beings for for forced labour in domestic and international law: a comparative legal study of the kingdom of Saudi Arabia and the United Kingdom

This thesis examines the effect of combating of human trafficking as a crime. Special emphasis has been placed on forced labour and the rights of trafficked victims and their protection. The study explores various legislations undertaken at regional, national and international levels and considers rights of trafficked victims under international human rights and Islamic rights. The aim of the thesis is to provide a critical and comparative analysis of the legal systems of the Kingdom of Saudi Arabia (KSA) and the United Kingdom (UK) in terms of human trafficking. The thesis consists of eight chapter; each covering a different aspect of the study. It begins by providing background information regarding the issue of human trafficking and proceeds to examine developments of legal frameworks across the two jurisdictions to combat this crime and penalize the criminals. It seeks to examine the legal system pertaining to human trafficking for forced labour and analyse the three distinct platforms, that is, prevention, protection, and punishment, by comparing the legal systems of the KSA and the UK. The examination of both countries aims to identify the strength and weaknesses of the KSA system as compared to the UK system. Thus, it concludes that the KSA can improve its ranking from Tier 2 watch list to Tier 1 if reforms are introduced in the legislation and enforcement domains. The study also demonstrates how the UK and the KSA portray ‘human trafficking’ in their regional laws. A problem often faced during the information-gathering and investigation stages is the lack of available evidence against traffickers, a particular issue in the KSA. The thesis concludes that the transnational aspect of this phenomenon makes it necessary to establish a thorough and comprehensive legal framework to cover all matters pertaining to this crime, including the protection of victims and punishment of criminals in the KSA and the UK, including immigration and ‘kafala’ strategies that may be of value in future researches.

Global citizenship: an education or an identity?

This paper considers the recent focus on citizenship within education by taking curricular reform within Scottish secondary schooling and its linkage with higher education as a case study. In Scotland the Curriculum for Excellence reform places citizenship as one of four main capacities that pupils must work towards as part of their education. Likewise, there has been a move in within the Scottish higher education Enhancement Themes framework to include citizenship as part of graduate attributes that students work towards as they progress through their courses. A unifying theme in these reforms is the need for students to take a global perspective and work across different disciplines by, for example, considering how knowledge relates to wider issues such as in relation to sustainable development, e-democracy or human rights. One feature that unites these disparate areas is that, above all, students must learn to be active through the acquisition of appropriate knowledge and skills. In this model of citizenship education, learners are enabled to develop their sense of citizenship identity in response to a fast-paced world of innovation and change. Citizenship is therefore linked to a futurist agenda, where the learner-citizen is positioned as an ongoing project, as something to be worked at or perhaps worked on. However, this kind of notion of agency is an expression of an ideological construction of the citizen as a flexible resource for society. Such citizens are active in the sense of being adaptive to change through utilizing intellectual skills but without a sense of identity grounded in one’s commitments or reflexive engagement with different forms of understanding. The paper offers a critical assessment of this learner-citizen discourse as focusing on ratiocination rather than relational identity.