The issue of human trafficking in supply chains 2012, para. 18
Paragraph- Paragraph text
- Labour laws are a powerful tool to prevent and combat trafficking in supply chains, given that matters regulated thereunder, such as recruitment and employment of workers, wages and working conditions, may serve as operational indicators of trafficking. For example, deception about the nature of the job, location or employer may strongly indicate that the worker in question has been trafficked. Victims of trafficking in persons are often recruited and promised prosperous employment opportunities by unscrupulous recruitment agencies or labour brokers, only to end up in situations of exploitation after recruitment. Excessive working hours and debt bondage are other strong indicators of trafficking in persons and the Special Rapporteur has documented numerous cases in which trafficked persons were forced to work for more than 12 hours a day with very little pay in various sectors, typically including agriculture, food processing and garments and textile (see, for example, A/HRC/20/18/Add.2, paras. 9-12). Many States have in place, recently adopted or amended labour laws, requiring the registration of recruitment agencies and labour brokers, setting a minimum wage, placing a cap on the number of working hours, providing for breaks and holiday periods and prescribing occupational health and safety standards. While it is beyond the scope of the present report to scrutinize States' labour laws, the weak enforcement of those laws, rather than their provisions, often gives rise to risks of trafficking in many States. The Special Rapporteur has observed during past official visits that labour inspectors are often not well-equipped in terms of resources and capacity to conduct inspections to detect violations of labour laws, including in cases of trafficking for the purpose of labour exploitation (see, for example, A/HRC/14/32/Add.4, A/HRC/17/35/Add.2 and A/HRC/20/18/Add.2). There are encouraging signs, however, that some States are progressively strengthening the capacity of labour inspectors to prevent labour exploitation. For example, in Argentina, the authorities reportedly launched a more rigorous labour inspection programme in January 2011 and increased the number of labour inspectors to 400 throughout the country, targeting rural areas in particular. The Special Rapporteur commends this positive development, given that it was reported at the time of her official visit to Argentina that the labour inspection programme was ineffective and investigations into forced labour cases rarely carried out (see A/HRC/17/35/Add.4, para. 18). In Brazil, mobile inspection teams, comprising labour inspectors, labour prosecutors and federal police officers, investigate complaints of slave labour, rescue victims and impose fines on employers in breach of labour laws. Since 1995, more than 39,000 workers have reportedly been rescued.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Other
- Paragraph number
- 18
sorted by
Date added
60 relationships, 60 entities