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Manifestations and causes of domestic servitude 2010, para. 48
- Paragraph text
- Relevant economic factors include advance or deferred payment designed to increase dependency, payment that keeps workers below the poverty level, payment in kind only or prohibitions to freely change employers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Priorities of the new mandate holder 2014, para. 28
- Paragraph text
- Another key area of focus of the mandate of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, is child and forced marriage. The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery obligates Member States to take all "practicable and necessary legislative and other measures to bring about progressively and as soon as possible the complete abolition or abandonment" of, inter alia, any institution or practice which amounts to forced marriage, such as when a woman, without the right to refuse, is promised or given in marriage on payment to her parents, guardians, family or another person or group; when a husband, his family or his clan transfers his wife to another person for value received or for any other reason; or the inheriting by another person of a woman on the death of her husband (see art. 1). Early and forced marriage can, under certain circumstances, constitute servile marriage or result in domestic servitude or other forms of slavery. The previous mandate holder drew links between child marriage and slavery, and pointed out that Member States were obliged to prohibit and eliminate slavery as a non-derogable and fundamental principle of international law. Child marriage is linked to the thematic issues of trafficking for forced labour, commercial sexual exploitation, migration and contemporary forms of slavery, which reinforces the need for cooperation among the respective mandate holders as part of a comprehensive multi-agency and multi-stakeholder effort to eradicate those practices from society, as women and girls in child and forced marriages may experience conditions within the marriage that meet "international legal definitions of slavery and slavery-like practices", including forced labour. Furthermore, "a potentially high proportion of child marriage cases appear to constitute the worst forms of child labour under the 1999 ILO Convention No. 182."
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Women
- Year
- 2014
Paragraph
Priorities of the new mandate holder 2014, para. 29
- Paragraph text
- The mandate calls for a coherent global response, involving evidence-based analysis, together with technical assistance to Member States which are committed to eradicating the scourge of contemporary slavery from their labour markets. It requires strengthening of the global partnership, involving unions, civil society organizations, non-governmental organizations, human rights advocates, the private sector, the legal sector and the judiciary, governments and public-sector institutions, United Nations agencies and mechanisms, academic and research institutions, as well as international foundations committed to research and advocacy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Priorities of the new mandate holder 2014, para. 30
- Paragraph text
- The mandate also requires a multi-faceted approach combining law and policy frameworks which provide for prevention, protection, prosecution and redress at the national and international levels, with consumer and civil society advocacy, rejecting goods produced through forced labour or other forms of slave labour and generating consumer awareness. It also requires that business practices be congruent with human rights, ethical and environmentally sound sustainable development, and durable peace and security for all. It requires a concerted global initiative to eradicate poverty and enforce the basic principles of justice, dignity and human rights for all. At the most basic level, it requires resources, mechanisms and processes for the effective implementation of recommendations made pursuant to fact-finding missions and consultations conducted as part of the mandate.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Priorities of the new mandate holder 2014, para. 31
- Paragraph text
- The Special Rapporteur looks forward to fulfilling the requirements of her mandate, as outlined in Human Rights Council resolution 24/3, and to constructive and fruitful cooperation with diverse stakeholders in all regions towards that end. She particularly emphasizes her desire for constructive engagement with United Nations Member States and encourages Member States to respond positively to her requests for information or for country visits, while emphasizing that the mandate remains available to provide assistance to States and to respond to their requests, including in the area of technical cooperation, to the fullest extent possible. The Special Rapporteur reiterates the importance that she places on the role and views of non-governmental organizations, including in providing information to her and engaging with and assisting her fully as she conducts her work on slavery and slavery-like practices.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 60
- Paragraph text
- Given the gravity of slavery and slavery-like practices as gross human rights violations, judicial remedies are a key form of securing accountability for business-related human rights abuses. Access to justice for victims in this context is, however, often constrained by legal rules limiting the liability of a corporation for human rights violations not directly arising from its business operations. This is a problem in global supply chains whereby the business enterprise sourcing the product is not directly implicated in the exploitation that occurs lower down the supply chain, but is complicit as a result of failing to comply with its human rights due diligence obligations. Also, vicarious liability rules prevent corporate liability for management conduct in many instances which arise in the disarticulation in the supply between the global retailer and the many small subcontractors at the lowest tier.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 34
- Paragraph text
- The Brazilian Ministry of Labour maintains a record of people and corporations found to be using slave labour, which has been termed the "dirty list", established by ministerial decree of 2003. The database was used by public and private companies that applied commercial and financial sanctions. The list grew to include 52 employers of slave labourers in 2003 to 609 as of July 2014. However, in December 2014, the Supreme Court granted an injunction to an association of construction companies, suspending the "dirty list". To date, attorneys from the Federal Government have not been able to re-establish the database. Another challenge to the list was launched following the Labour Prosecutor's Office finding that Zara Brazil (part of global brand Inditex) had directive power over the supply chain and litigation has ensued which includes a challenge to the constitutionality of the "dirty list". Also in Brazil, the Sao Paulo State Law to Combat Slave Labour, also known as the Bezerra Law, seeks to regulate the disclosure of slave labour.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 35
- Paragraph text
- At the United States federal level, under the Trafficking Victims Protection Reauthorization Act of 2005, the Department of Labor's Bureau of International Labour Affairs is mandated to, inter alia, create and maintain a List of Goods Produced with Child Labor or Forced Labor. In addition, a list of products using forced or indentured child labour is also produced by the Bureau of International Labour Affairs and intended to ensure that United States federal agencies do not procure goods made by this labour. Under the Trade and Development Act of 2000, the Secretary of Labor is mandated to issue beneficiary country initiatives to implement their international commitments to eliminate the worst forms of child labour. These transparency initiatives primarily provide information for government procurement but also assist investors and consumers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 37
- Paragraph text
- The United States Tariff Act of 1930 is also relevant to supply chains and goods produced using forced labour. In section 1307 of the Tariff Act, the import of goods produced with prison labour and forced labour is specifically prohibited: "All goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited". The terms forced labour or/and indentured labour include forced or indentured child labour.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 39
- Paragraph text
- Although the assessment of the efficacy of these legislative developments in practice is beyond the scope of the present report, they provide a snapshot of the issues that impact on the challenge of States to regulate the human rights conduct of businesses operating supply chains outside domestic economies. In these cases, risks and violations are often off-shored, resulting in lack of redress under domestic laws, but having significant impact on the human rights situation in developing economies. This results in challenges to effectively address business-related human rights harms in supply chains and requires sustainable and holistic solutions that involve all stakeholders in the supply chain.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 22
- Paragraph text
- According to ILO data from 2012, 5.5 million of the 20.9 million of persons in forced labour are children and an estimated 5-15 per cent of those are working in supply chains, with the figure significantly higher if domestic supply chains are also taken into account. The lowest tiers in the informal economy are particularly at risk of involving the worst forms of child labour. In 2012, the number of children involved in hazardous work that directly endangers their health, safety and moral development, often understood as a proxy for the worst forms of child labour, was said to be 85 million in absolute terms. While reliable data on those sectors most susceptible to using such work are difficult to obtain, cases of the worst forms of child labour were found in sectors that correspond to those with a high risk of contemporary forms of slavery occurring in supply chains, including agriculture (i.e., farming of raw materials such as sugar, cotton, cocoa and tobacco), construction, mining and quarrying, and garments and textiles.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 23
- Paragraph text
- In agriculture, contemporary forms of slavery have reportedly occurred in many countries, involving crops such as sugar cane, cut flowers, fruit and vegetables, tropical nuts and commodities, for example, palm oil, cotton, cocoa, tobacco and beef. Production in the sector often relies on temporary or migrant labour and is characterized by complex contracting and subcontracting chains, as well as smallholder farming in some cases. Much of the work on remote farms and plantations is typified by excessive working hours, lack of compliance with labour laws, weak or non-existent labour inspections and corruption. Competition to produce at the lowest cost enhances the risk of contemporary forms of slavery being involved in agriculture, especially debt bondage in impoverished rural communities and among vulnerable categories of workers, such as indigenous people, minorities, migrants, women and children.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2015
Paragraph
Servile marriage 2012, para. 76
- Paragraph text
- A UNICEF study on early marriage indicates that girls under the age of 15 years are five times more likely to die during delivery as a result of haemorrhage, sepsis, preeclampsia or eclampsia and obstructed labour than women between the ages of 20 and 24 years.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Girls
- Women
- Year
- 2012
Paragraph
Manifestations and causes of domestic servitude 2010, para. 22
- Paragraph text
- The Special Rapporteur is particularly concerned about the high number of children in domestic work (see section 2c). Children are often sought for domestic work as they are seen as cheaper, less demanding and easier to control than adults. There are large numbers of child domestic workers in all continents, with the highest number probably residing in Asia. For example, ILO reports that 175,000 children under 18 are employed in domestic service in Central America, more than 688,000 in Indonesia, 53,942 children under 15 in South Africa and 38,000 children between 5 and 7 in Guatemala. Girls constitute the vast majority of child domestic workers (90 per cent according to some estimates). According to ILO, more girls under 16 years are in domestic service than in any other category of child labour.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Children
- Girls
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 90
- Paragraph text
- At the regional level, the Council of Europe has shown leadership in taking up the issue. In its recommendation 1663 (2004) on domestic slavery, servitude, au pairs and "mail-order brides", the Parliamentary Assembly of the Council of Europe expressed dismay that slavery still exists in Europe, while highlighting that "today's slaves are predominantly female and usually work in private households". Human rights bodies of the African Union and the Organization of American States have addressed concerns relating to domestic workers. From 17 to 18 June 2010, the Special Rapporteur participated in a major conference on trafficking for the purpose of domestic servitude organized by the Organization for Security and Co-operation in Europe.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 92
- Paragraph text
- Although the victims are largely invisible, domestic servitude constitutes a global human rights concern. Every region in the world is affected. Domestic servitude takes many shape and forms, ranging from slavery as understood by the 1926 Slavery Convention to slavery-like practices, such as bonded domestic labour and child domestic labour. Millions of women and girls, pursuing the opportunities that domestic work provides, while providing a valuable contribution to society, are at risk because their rights, equal human dignity and autonomy are not adequately protected.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 64
- Paragraph text
- Feminized poverty pushes women and girls into domestic work and makes them easy to exploit. Women, who often carry the burden of providing for children, suffer disproportionally from cuts to welfare programmes and essential public services in a situation of economic crisis and budget cuts. In many countries, the collapse of entire agricultural sectors, often linked to inequitable terms of trade, has driven also women and girls into rural-urban or international migrations. With the supply of cheap, desperate labour outstripping demand, power relationships are often so grossly unequal that the degree of exploitation endured by domestic workers depends on the employer's will.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 78
- Paragraph text
- Some countries have introduced standard contracts for migrant domestic workers that provide certain minimum standards of employment. In 2007, for example, the United Arab Emirates introduced a standard contract for domestic workers that details entitlements relating to wages, rest breaks, payment of salaries and medical treatment. Lebanon followed suit in 2009. Standard contracts constitute a significant advance, although many still fall short of guaranteeing minimum international standards, including non-discrimination between different types of workers. The introduction of standard contracts can supplement, but not substitute labour legislation. Effective labour laws protect domestic workers by setting out penalties, monitoring systems, accessible complaint mechanisms and effective remedies that go beyond the inherent limits of contract law.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 79
- Paragraph text
- Even where there are laws and contracts that are meant to protect domestic workers, they are often inadequately enforced. Sometimes employers do not even have to register live-in domestic workers. There are no meaningful complaints mechanisms or the authorities fail to adequately follow up complaints. In many countries, the authorities also lack the legal power or human resources to follow up violations taking place in private homes. A positive exception is Uruguay, where the Labour and Social Security Inspectorate can obtain judicial authorization to conduct home inspections in cases of presumed labour law violations; the inspectorate has created a special section to monitor domestic work. Other countries require that employers ensure that live-in domestic workers attend periodic, private interviews with labour inspectors. This breaks their isolation and allows them to report abuse and exploitation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 93
- Paragraph text
- [The criminalization of all forms of slavery and servitude, in line with States' international obligations, is one aspect of an effective response. At the same time, the issue is embedded in the wider challenge to ensure that domestic workers are finally provided with equal protection of their labour rights. Combating domestic servitude and protecting domestic workers' rights are two sides of the same coin. The Special Rapporteur recommends that States:] Curtail practices that reinforce dependency, including by prohibiting employment agencies from charging fees to domestic workers (rather than employers), prohibiting payment in kind and prohibiting advance or deferred payment schemes designed to create dependence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 93
- Paragraph text
- [The criminalization of all forms of slavery and servitude, in line with States' international obligations, is one aspect of an effective response. At the same time, the issue is embedded in the wider challenge to ensure that domestic workers are finally provided with equal protection of their labour rights. Combating domestic servitude and protecting domestic workers' rights are two sides of the same coin. The Special Rapporteur recommends that States:] Extend the equal protection of their labour laws to domestic workers, including migrant domestic workers, and end any discriminatory denial of entitlements regarding working hours, rest days, vacation, health care, maternity leave and protection from unfair dismissal.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 93
- Paragraph text
- [The criminalization of all forms of slavery and servitude, in line with States' international obligations, is one aspect of an effective response. At the same time, the issue is embedded in the wider challenge to ensure that domestic workers are finally provided with equal protection of their labour rights. Combating domestic servitude and protecting domestic workers' rights are two sides of the same coin. The Special Rapporteur recommends that States:] Require that domestic workers receive a written contract in a language they can understand and that wage payments are made into a bank account. States should set a minimum wage for all domestic workers, including migrants, that should be above the poverty line of the country concerned and under no circumstances lower than the World Bank reference line indicating poverty (currently set at US$ 2 per day). Any additional payments in kind should not be counted towards the minimum wage.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 22
- Paragraph text
- The concept of slavery and slavery-like practices cannot be analysed without referral to the development of international human rights instruments, starting with the adoption in 1948 of the Universal Declaration of Human Rights, which establishes the principle of the prohibition of slavery in all its forms. The International Covenant on Civil and Political Rights went on to legally prohibit slavery in all its forms, including servitude and forced labour (art. 8), while the International Covenant on Economic, Social and Cultural Rights recognizes that children should be protected from economic and social exploitation. Additionally "their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be … punishable by law" (art. 10).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 25
- Paragraph text
- In 1999, the ILO member States, conscious of the magnitude of the problem of children being trapped in the worst forms of child labour, adopted Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. This convention is the reflection of a global consensus that immediate and effective measures should be taken to secure the prohibition and elimination of the worst forms of child labour as a matter or urgency. ILO recommendation No. 190 advises ILO members on the implementation of Convention No. 182 and allows for exceptions for children from the age of 16 working in hazardous environments, provided that the health, safety and morals of the children concerned are fully protected and that "the children have received adequate specific instruction or vocational training in the relevant branch of activity".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 111
- Paragraph text
- Governments should establish programmes to create awareness in frontier communities about the health risks they face particularly with regard to handling toxic chemicals such as mercury, cyanide and lead. The communities should undergo testing for contamination and those contaminated should be provided with medical care. Local health workers should be clinically trained on how to prevent, diagnose and treat contamination. These programmes should also extend to ensure that workers are made aware of the less visible and long-term negative impact on the environment (soil, water) which threatens food security and biodiversity.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Servile marriage 2012, para. 10
- Paragraph text
- In its resolution 66/140, the General Assembly reiterated its call for an end to harmful traditional or customary practices, such as early and forced marriage, and called upon States to take appropriate measures to address the root factors of child and forced marriages, including by undertaking educational activities to raise awareness regarding the negative aspects of such practices. It urged all States to enact and strictly enforce laws to ensure that marriage was entered into only with the free and full consent of the intending spouses, and, in addition, to enact and strictly enforce laws concerning the minimum legal age of consent and the minimum age for marriage and raise the minimum age for marriage where necessary, and to develop and implement comprehensive policies, plans of action and programmes for the survival, protection, development and advancement of the girl child in order to promote and protect the full enjoyment of her human rights and to ensure equal opportunities for girls, including by making such plans an integral part of her total development process.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Year
- 2012
Paragraph
Servile marriage 2012, para. 11
- Paragraph text
- The General Assembly also urged States to ensure that efforts to enact and implement legislation to end child and forced marriages engaged all stakeholders and agents of change and to ensure that the information on the legislation against the practice was well known and generated social support for the enforcement of such laws and legislation. States were urged to support community workshops and discussion sessions to enable communities to collectively explore ways to prevent and address child and forced marriages, provide information through stakeholders credible to the community, such as medical personnel and local, community and religious leaders, regarding the harm associated with those marriages, give greater voice to girls and ensure consistence of message throughout the entire community, and encourage the much-needed strong engagement of men and boys.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2012
Paragraph
Servile marriage 2012, para. 12
- Paragraph text
- The General Assembly called upon States to support and implement, including with dedicated resources, multisectoral policies and programmes that ended the practice of child and forced marriages and to ensure the provision of viable alternatives and institutional support, especially educational opportunities for girls, with an emphasis on keeping girls in school through post-primary education, including those who were already married or pregnant, ensuring physical access to education, including by establishing safe residential facilities, increasing financial incentives to families, promoting the empowerment of girls, improving educational quality and ensuring safe and hygienic conditions in schools.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Girls
- Year
- 2012
Paragraph
Servile marriage 2012, para. 14
- Paragraph text
- Servile marriage affects both adults and children. Under international human rights law, a child cannot provide informed consent to a marriage. The marriage is therefore considered forced and falls under the slavery-like practices defined in the Convention. International human rights law, including the Convention, requires that a minimum age for marriage be established, with 18 years the recommended minimum age. The Special Rapporteur acknowledges that, in some countries, the minimum age for marriage is lower than 18 years. She also recognizes that, in some countries, exceptions are made for marriage below the national minimum age. The Special Rapporteur strongly urges that rigorous measures be taken in such situations to ensure that the rights of the child are in no way violated by marriage.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 84
- Paragraph text
- ILO is leading a global programme entitled "Minors out of Mining", which includes at least 15 countries and partners from the mining industry such as the International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM) and the International Council on Mining and Metals (ICMM), along with Communities and Small-Scale Mining (CASM). The aim of the programme is to effectively and efficiently deal with child exploitation in the informal mining and quarrying sector. Projects at the national level are designed to address the root causes and combat child labour in small-scale mining. Governments lead the work with support from workers, donors, employers and communities. ILO has implemented successful projects to stop children working in mines in many countries, such as Mongolia and Philippines, which focused on increasing the educational and vocational training opportunities for children. In Philippines, their project also focused on providing alternative livelihood schemes for the parents of children working in the mines.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Servile marriage 2012, para. 32
- Paragraph text
- On 22 February 2008, in Prosecutor v. Brima et al, the Special Court for Sierra Leone recognized forced marriage as a crime against humanity under international criminal law for the first time. The Court confirmed that forced marriage involved a perpetrator compelling a person by force or threat of force, through words, or conduct of the perpetrator, or anyone associated with him, into a forced conjugal association resulting in great suffering or serious physical or mental injury on the part of the victim. It concluded that forced marriage might also include one or more international crimes such as enslavement, imprisonment, rape, sexual slavery and abduction.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
Servile marriage 2012, para. 34
- Paragraph text
- In 2005, the Parliamentary Assembly of the Council of Europe adopted resolution 1468 on forced marriages and child marriage. The Assembly defined forced marriage as "the union of two persons at least one of whom has not given their full consent to the marriage". It defined child marriage as "the union of two persons at least one of whom is under 18 years of age". Among other things, it urged the national parliaments of the Council of Europe member States to fix at or raise to 18 years the minimum statutory age of marriage for women and men, to make it compulsory for every marriage to be declared and entered by the competent authority in an official register, and to consider the possibility of dealing with acts of forced marriage as an independent criminal offence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Men
- Women
- Year
- 2012
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 91
- Paragraph text
- Governments should also sign and ratify all relevant ILO Conventions. In conformity with ILO Convention No. 182, Governments should adopt legislation that prohibits children from working in mines and quarries for both the formal and informal sector. Governments which have not yet established a list of hazardous work for children in conformity with ILO recommendation No. 190 need to do so urgently and include in such a list the work performed in the mining and quarrying sector as both types of work are by their very nature and the conditions in which they are performed hazardous work as defined in article 3 of ILO recommendation No. 190. Governments that have already established such a list need to ensure that work performed in the mining and quarrying sector is included or revise the list accordingly.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 95
- Paragraph text
- Governments should increase the means for enforcing the law by allocating sufficient resources for labour inspection services. The legislation should provide for regular inspections of mines and quarries, and special training and information on child slavery should be given to inspectors responsible for this sector. The Special Rapporteur encourages Governments to take inspiration from the experience of the Brazilian mobile inspection units that -with protection from the federal police - undertake inspections in remote areas. Where crimes are committed, there should be prompt, effective investigation and prosecution of those exploiting children. The criminal penalties should be commensurate with the crimes committed.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 99
- Paragraph text
- Education is widely considered to be the most effective tool for tackling child labour as it keeps children in school and away from work. The Special Rapporteur believes that this tool can also be used to prevent child slavery in mining and quarrying. Primary education should be made accessible and free or affordable for children and training programmes need to be set up for parents. Governments need to assign resources to build schools in artisanal mining and quarrying areas and adequately train teachers to identify children's problems and needs. The standard of education needs to be improved at all levels and the Government must provide secondary schooling and vocational training which is often absent. Recreational facilities should also be built to occupy children out of school hours, as parents often see mining and quarrying as a way to keep their children busy and out of trouble. The Ministry of Education should be allocated the necessary budget to implement these programmes.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 16
- Paragraph text
- In Nepal, a debt bondage system, the labourers of which are known as Haliyas, can be found in the agricultural sector. Haliya means "one who ploughs". Ploughing land is considered to be dirty and unskilled work that only lower-class citizens should perform, making it the work of "untouchables" or Dalits. Haliyas are either paid very little for their work or paid only in small amounts of food. Debt quickly accrues as workers take out loans for personal expenses, while landowners take advantage of them by charging exorbitant interest rates. According to a Centre for Human Rights and Global Justice report, "such discrimination is intentionally designed to keep alive a system of debt bondage".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 18
- Paragraph text
- Migrant workers are also disproportionately affected by contemporary forms of slavery. Many are especially vulnerable because they are employed far from their homes, lack language skills and familiarity with host country legal systems, may be undocumented, hired through recruitment agencies, are unprotected by laws in host jurisdictions, rarely receive adequate training, lack access to effective grievance mechanisms, are vulnerable to contract substitution, and/or are severely underpaid. Limitations on migrant workers' freedom of movement greatly increase their chances of becoming victims of contemporary slavery. Employers may confiscate their passports or identity papers and migrant workers are often employed in remote locations where they are dependent on their employers even for basic necessities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 68b
- Paragraph text
- [Against this backdrop, the Special Rapporteur wishes to make the following recommendations to States:] States should develop, enact and update a national action plan on business and human rights in accordance with the guidance provided by the Working Group on the issue of human rights and transnational corporations and other business enterprises. Measures outlined in the national action plan should take full advantage of the leverage home States have in order to effectively prevent, address and redress extraterritorial human rights harms of businesses domiciled in their territory and/or jurisdiction;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 77
- Paragraph text
- Of course, companies are ultimately responsible for meeting their legal and moral obligations to prevent contemporary forms of slavery in their supply chains, and NGOs and multi-stakeholder initiatives have emerged to provide practical guidance to companies seeking to meet their obligations under national law, international standards and voluntary principles. The Fair Hiring Toolkit, developed by Verité and launched in 2011, gives companies comprehensive guidance on improving their codes of conduct, strengthening their social audits, and better understanding the complexities and risks of contemporary forms of slavery in their supply chains.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 79
- Paragraph text
- A number of stakeholders have begun to take action to combat slavery in its contemporary forms. However, there are key challenges that prevent the reduction of slavery, including legal and policy challenges and institutional and implementation challenges. Among the legal and policy challenges are the absence of legislation in some countries, deficiencies and loopholes in legal frameworks, insufficiently dissuasive sanctions and laws that increase the vulnerability of workers. Institutional and implementation challenges include corruption, government failure to recognize the existence of contemporary slavery, a lack of political will and/or resources, the difficulty of locating and identifying victims, and a failure to adequately protect affected workers and provide sustained programmes for their effective rehabilitation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 66
- Paragraph text
- Nevertheless, Government-run rehabilitation and reintegration efforts are not always effective. In these cases, other stakeholders can offer assistance. Unions and non-governmental organizations (NGOs) in sending and receiving countries have cooperated in order to facilitate the reintegration of victims when return home. In Nepal, where government reintegration services have been limited, two NGOs rehabilitate and reintegrate returned migrant workers. Pouraki Nepal was initiated by women migrant workers, while Pravasi Nepali Coordination Committee advocates for the rights of male migrants. In-country research in Nepal also indicates that a new foundation to aid migrant workers has been established, with a free training centre in Kathmandu that helps rehabilitate and reintegrate returned migrant workers, including a counselling centre for female returnees.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 70
- Paragraph text
- A large number of NGOs have taken up the fight against contemporary forms of slavery and engaged other stakeholders to successfully do so. For example, Anti-Slavery International has signed a Memorandum of Understanding with ITUC in order to form a Global Trade Union Alliance to Combat Forced Labour and Trafficking. They have agreed to share skills and experience on combating contemporary forms of slavery and integrate their members to reach a common goal. Under this auspice, they have formed a multi-stakeholder group in Europe comprised of unions and NGOs whose goal is to protect women and young people from contemporary forms of slavery. The Brazilian NGOs Repórter Brasil and Ethos have created the National Pact for the Elimination of Slavery, which brings the Government, ILO, NGOs and companies together to combat forced labour. Over 130 companies had signed the pact as of the end of 2010, including large companies such as Wal-Mart Brazil, committing to not buying goods produced with forced labour.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Women
- Youth
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 29
- Paragraph text
- The Supplementary Convention also addresses the practice of servile marriage as a form of slavery, although it does not label it as such. The Convention outlaws practices in which: a woman is "promised or given in marriage on payment"; "the husband of a woman, his family, or his clan, has the right to transfer her to another person"; and "a woman on the death of her husband is liable to be inherited" (art. 1 (c)). States Parties to the Convention are asked to establish suitable minimum ages of marriage. Servile marriage was also alluded to in the Universal Declaration of Human Rights. Article 16 establishes that "marriage shall be entered into only with the free and full consent of the intending spouses".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2013
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 8
- Paragraph text
- The definition of debt bondage in the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery is sufficiently broad to cover the situation of workers trapped in debt bondage in systemic, archaic, feudal systems of slave-labour exploitation, as well as that of migrant workers from developing countries who leave their countries accruing debt to cover the costs associated with recruitment. Debt bondage is closely related to a number of forms of exploitation, including forced labour, the abuse of migrant workers, trafficking, and the worst forms of child labour. It has been observed that debt bondage is an area in which the relationship between trafficking and forced labour practices is particularly strong. Debt is considered to be a key source of vulnerability to trafficking and is one of the mechanisms used to force victims to work in exploitative or abusive conditions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 12
- Paragraph text
- The Democratic Republic of the Congo, Zambia and Zimbabwe have been identified as being home to adults and children who are subjected to debt bondage or trafficking while working in the mining sector. Forced labour in the mining sector has been reported to involve multinational corporations that work on the extraction of precious metals or minerals. In the Kivu provinces in the east of the Democratic Republic of the Congo, debt bondage has been reported as one of the most common forms of contemporary slavery in mines. Workers contract debts to purchase food, supplies and working tools when they start working and continue to accrue debt in order to meet their basic needs. Most of the workers in debt bondage in North Kivu province come from other eastern provinces.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 13
- Paragraph text
- It has also been reported that indigenous peoples in the Democratic Republic of the Congo are subjected to practices similar to slavery, including debt bondage, by the Bantu majority. Indigenous peoples are often trapped in debt bondage by Bantu "masters" who often sell them goods such as clothes, food and medicine at inflated prices and add exorbitant rates of interest if the goods are not paid for on time and who demand their work in return. It is also a common practice for the Bantu to create new debts in order to sustain the exploitation of bonded labourers. For example, it has been reported that they provide food to indigenous children and then add inflated costs to the debts of parents.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Year
- 2016
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 62
- Paragraph text
- Despite notable improvements in recent years, gaps in legal and regulatory protection for the human rights of victims of contemporary forms of slavery exist in a number of countries. This has a significant impact on enforcing corporate legal liability. In many cases, States also lack an integrated approach to criminal, labour and human rights laws, which impedes law enforcement and prevents effective investigation and prosecution of abuses. Where the legislative framework does exist, in some instances this is affected by lengthy legal proceedings and corruption, including bribery, which means that access to remedy is slow and victims are reluctant to come forward as a result.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 7
- Paragraph text
- In situations of debt bondage, the power imbalance between the employer (or creditor) and the worker often increases the worker's vulnerability to further human rights abuses. Employers and creditors are reported to adjust interest rates, to make further deductions arbitrarily as penalties for perceived poor performance, and/or to charge high prices for basic goods or working tools resulting in an increase of the debt and the perpetuation of deeply exploitative situations. Furthermore, bonded labourers are often subjected to physical and psychological abuse, to abusive conditions of work, such as long working hours, to dangerous and unhealthy work, and to severe restrictions on their freedom of movement, including in relation to changing employment. Children in debt bondage can be particularly vulnerable to additional violations of their human rights, as they lack access to education as well as to opportunities to participate in cultural and recreational activities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 32
- Paragraph text
- In South Asia, several countries have provisions in their national constitutions from which further enacted legislation on debt bondage flows directly. For example, article 23 of the Constitution of India prohibits trafficking in human beings, begar (debt bondage) and other similar forms of forced labour, as an enforceable right. Article 11 of the Constitution of Pakistan prohibits slavery and forced labour. Article 29 of the Constitution of Nepal prohibits debt bondage and other forms of forced labour and specifies that an employer contravening the prohibition must pay compensation. In Brazil, article 243 of the Constitution provides for the expropriation of rural or urban property in which the use of slave labour has been identified and its consignment to agrarian reform and social housing.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 72
- Paragraph text
- Some countries have taken proactive efforts to form multi-stakeholder initiatives to ensure more effective efforts to combat contemporary forms of slavery. This includes multi-stakeholder committees responsible for combating contemporary forms of slavery, which include members of civil society. These committees are important in holding Governments accountable for enforcing laws on contemporary forms of slavery. In cases in which the Government fails to carry out its commitments, it is necessary for these stakeholders to engage the media, form alliances and mobilize public support in order to exert pressure on the authorities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 73
- Paragraph text
- Recently, stakeholders have made efforts to influence the sourcing decisions of companies and national and local governments in order to reduce the level of contemporary forms of slavery. It is now generally accepted that Governments are responsible for preventing contemporary forms of slavery and holding companies accountable - whether a product is produced in the country, manufactured by a company based in the country or imported and consumed by its citizens. Additionally, civil society organizations have also taken steps to promote responsible sourcing decisions and have provided guidance to companies on ways to prevent contemporary forms of slavery in their supply chains.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 74
- Paragraph text
- Some Governments in countries that produce goods associated with contemporary forms of slavery have taken steps to publicize and punish individuals and companies that produce these goods. For example, Brazil passed a decree in 2003 containing a list, commonly referred to as "the Dirty List" of 52 individuals and entities that use or have used slave labour. The individuals and entities on the biannually updated list are barred from receiving national subsidies or tax exemptions and from engaging in financial arrangements with a number of public financial institutions. The Bank of Brazil denies financing to landowners who employ slave labour and the Ministry of National Integration recommended that private sector lenders also deny them financing. The Ministry of Labour's "dirty list" included 165 employers of slave labourers in 17 states in 2009, 220 employers in 2010 and 294 employers at the end of 2011.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 75
- Paragraph text
- In other cases, Governments have taken efforts to reward companies that take positive steps to combat contemporary forms of slavery, including by offering access to State contracts. In Argentina, the National Institute for Industrial Technology recently established a comprehensive national certification system for companies operating in the textile industry. The agency offers "certificates of quality" to firms that refrain from using forced labour and provide their employees with decent working conditions. Participating companies granted the certificate are eligible to bid on lucrative State textile contracts. In a similar spirit, the Plurinational State of Bolivia operates a certification programme called the Triple Seal, which is designed to encourage compliance with national labour laws and awarded to companies that prohibit child labour, discrimination and forced labour across their entire supply chains.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Priorities of the new mandate holder 2014, para. 25
- Paragraph text
- While the profit motive drives the demand for forced labour and other contemporary forms of slavery, it is underpinned by "push" factors such as increasing household vulnerability to income shocks, which push more households below the absolute poverty line; lack of education and illiteracy; as well as loss of work and deprivation of land, which force increased informal-sector work, migration and trafficking. The disproportionate impact of those factors on women and girls, who constitute more than half of the victims of forced labour, has been widely documented.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Poverty
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2014
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 55
- Paragraph text
- Investors have also begun to play an increasing role in requiring human rights due diligence. Furthermore, civil society actors have been at the forefront of challenges to contemporary forms of slavery in supply chains and civil society "naming and shaming" of companies has resulted in some businesses responding positively by adopting or adjusting their policies and practices. A welcome initiative in the reporting context is the recently launched United Nations Guiding Principles Reporting Framework, which provides guidance for companies to report on how they respect human rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 19
- Paragraph text
- Globalization has created unprecedented opportunities for corporations to extend their operations across national borders, including to developing countries, in order to source the cheapest products and maximize profit. The demand for cheap labour meets a ready supply of workers from vulnerable groups: indigenous people, minorities, those considered to be from the "lowest castes" and migrants, especially those in an irregular situation. Women workers are particularly vulnerable to exploitation in certain sectors given the nexus of gender discrimination and inequality.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2015
Paragraph
Manifestations and causes of domestic servitude 2010, para. 32
- Paragraph text
- The mechanization of agriculture, rural-urban migration and the development of labour-intensive export industries, coupled with the erosion of workers' rights outside the traditional bonded labour context, have led to the emergence of patterns of "neo-bondage", whereby destitute people commit themselves to working off loans or wage advances obtained from their employer and cannot default on this debt, not least due to a fear of extrajudicial enforcement. In this context, researchers note an increasing feminization of bonded labour and some of the victims end up in bonded domestic servitude.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 70
- Paragraph text
- While this is most obvious with regard to the enduring patterns of domestic slavery, most domestic workers will be confronted one way or another with discrimination. During the course of her missions to Ecuador (A/HRC/15/20/Add.3) and Brazil (A/HRC/15/20/Add.4), the Special Rapporteur noted that girls of Afro-descent were far more likely to end up in domestic servitude than more light-skinned Brazilians. A study found that 69 per cent of children in domestic work in Brazil classified themselves as "black", compared to 31 per cent who considered themselves "white".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 75
- Paragraph text
- Many States do not afford domestic workers the equal protection of labour law, which invites exploitation, leading, in extreme cases, to domestic servitude. In a number of States, domestic work is excluded from the scope of application of relevant labour laws. At best, parallel regimes are set up that provide lesser standards of protection. It is very common to exclude domestic workers from essential social benefits such as health care, compensation in case of invalidity, pensions or maternity leave and labour rights such as paid vacations, rest days or maximum work hours.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2010
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Provide training and sensitize law enforcement and labour officials at the national and local levels on the identification of persons in debt bondage and on the implementation of legislation on debt bondage if it exists and other relevant labour laws to tackle debt bondage. States should ensure the enforcement of legislation on debt bondage and other relevant laws to tackle debt bondage, and should ensure that these apply to all workers and all sectors of the economy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Undertake national and/or regional surveys to identify victims of debt bondage; these should include disaggregated information on those affected, by age, gender, nationality, caste and ethnic group, as well as information about the industries in which debt bondage is prevalent. Such surveys should cover remote areas and informal workplaces. Data collected from such surveys should be used as the basis for the development of effective legislation, policy and programmes.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 85
- Paragraph text
- Governments should introduce or amend, where necessary, laws to effectively combat exploitation; strengthen implementation and enforcement; harmonize legislative and policy approaches to ensure greater coherence, efficiency and efficacy; develop and effectively monitor and implement national plans of action; introduce specialized agencies or institutions with the specific mandate to tackle contemporary forms of slavery; and ensure all such efforts are appropriately resourced and staffed.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Servile marriage 2012, para. 35
- Paragraph text
- In its general recommendation No. 24, the Committee on the Elimination of All Forms of Discrimination against Women specifically recommends that States parties enact and effectively enforce laws that prohibit the marriage of girls. In its general recommendation No. 21, the Committee recognizes that forced marriage may exist as a result of cultural or religious beliefs, but maintains that a woman's right to choose a spouse and enter freely into marriage is central to her life and to her dignity and equality as a human being and that this must be protected and enforced by law.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2012
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 44a
- Paragraph text
- [Despite the efforts of various countries to eradicate and prevent debt bondage, there are still challenges in implementing adequate measures in this regard, including:] The lack of adequate enforcement of legislation on debt bondage and on workers' rights, and of other relevant legislation for the eradication of debt bondage, and in some countries the non-existence of specific legislation on debt bondage;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 44b
- Paragraph text
- [Despite the efforts of various countries to eradicate and prevent debt bondage, there are still challenges in implementing adequate measures in this regard, including:] The lack of implementation or absence of legal measures that could prevent reprisals against victims of debt bondage when the criminal law is being used to punish perpetrators (e.g. a summary procedure in cases of debt bondage), particularly when victims and perpetrators are part of the same community;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 55
- Paragraph text
- A comprehensive, human rights-based approach to tackling debt bondage must have at its centre the compliance of States with their obligations under international law and the empowerment of freed bonded labourers and people vulnerable to debt bondage. Recommendations on the implementation of such an approach are detailed below.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 81
- Paragraph text
- Multi-stakeholder initiatives and recent efforts to encourage responsible sourcing to protect workers also have the potential to strengthen the global fight against slavery.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 62
- Paragraph text
- Despite the progress that has been made in recent years, awareness-raising and prevention have not been fully effective and victims of contemporary forms of slavery still abound. This requires the identification, protection and rehabilitation of victims.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 39
- Paragraph text
- Furthermore, where concessions are granted, they are given only to enable the extraction of minerals or stones. These concessions do not provide for ensuring workers' rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Manifestations and causes of domestic servitude 2010, para. 94
- Paragraph text
- [Children are particularly vulnerable to domestic servitude, especially if they live with their employers and/or migrate on their own to find domestic work:] States should prohibit live-in domestic work for migrant or local children younger than 18 years, since it is typically inherently hazardous. Other domestic work of children who are younger than 15 or still completing their mandatory education should be prohibited to the extent that it interferes with their schooling.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 60
- Paragraph text
- While links with other forms of organized violent crime cannot be excluded, trafficking into domestic servitude usually takes places under the cover of activities that seem legal or enjoy widespread social acceptance. Agents recruiting domestic workers become perpetrators of trafficking, if they deliberately deceive their clients about the conditions of work or engage in illegal practices of control (such as the withholding of passports), while knowing that such practices will result in the exploitation of their recruits.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Year
- 2010
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 10
- Paragraph text
- Children are often treated by their employers as commodities - replaceable cheap labour to be thoroughly exploited. The 1926 Slavery Convention makes illegal any practice whereby "the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised". Some of the children who work in artisanal mining and quarrying are also subjected to forced labour or debt bondage which are slavery-like practices that are expressly prohibited by international law.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Manifestations and causes of domestic servitude 2010, para. 24
- Paragraph text
- The line between domestic work, albeit accompanied by serious violations of fair labour standards, and domestic servitude and slavery is difficult to draw. In practice, there is a wide spectrum ranging from domestic workers engaged in labour relationships that follow applicable labour and human rights standards to victims of domestic servitude and slavery. Owing to the criminal and hence clandestine nature of servitude and slavery, it is impossible to determine what percentage of domestic workers are actually victims thereof.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Priorities of the new mandate holder 2014, para. 17
- Paragraph text
- In accordance with Human Rights Council resolution 24/3, the newly appointed Special Rapporteur on contemporary forms of slavery, including its causes and consequences, will examine and report on all contemporary forms of slavery and slavery-like practices, in particular those defined in the Slavery Convention of 1926 and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956, as well as all other issues covered previously by the Working Group on Contemporary Forms of Slavery. She will also continue to promote the effective implementation of the International Labour Organization (ILO) Forced Labour Convention, 1930 (No. 29) and the 2014 Protocol thereto, as well as ILO Convention No. 189 (2011) and Recommendation No. 201 concerning decent work for domestic workers, which represent a significant advance in the international legal framework protecting the rights of domestic workers, including the right to education for child domestic workers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
Paragraph
Priorities of the new mandate holder 2014, para. 18
- Paragraph text
- During her tenure, the Special Rapporteur will continue to address the different forms of contemporary slavery, including subtler forms of slavery that deserve specific attention, such as bonded labour, domestic servitude, early and forced marriage, child slave work, servile marriages and caste-based forms of slavery, which affect the lives of many and are not confined to developing and poor countries. She will also continue to work on the remaining challenges to the eradication of contemporary forms of slavery, as highlighted by her predecessor in her report to the Human Rights Council at its twenty-fourth session (A/HRC/24/43).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
Priorities of the new mandate holder 2014, para. 21
- Paragraph text
- In that regard, the Special Rapporteur will follow up on the key recommendations made by her predecessor for the elimination of all forms of domestic servitude. In her report to the Human Rights Council at its fifteenth session (A/HRC/15/20), the previous Special Rapporteur addressed the root causes of domestic servitude and its impact on women and children and made concrete recommendations for the monitoring and enforcement of labour standards. Besides the implementation of existing recommendations, which remains a key challenge, more research, notably qualitative reporting and situational analysis, is required on the often invisible workers in domestic servitude, including their existence in developed economies, which is often obscured.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 13
- Paragraph text
- Following egregious violations of health and building safety standards that resulted in fatal accidents, such as the 2013 Rana Plaza factory collapse in Bangladesh leading to death of over 1,100 garment workers, additional attention has been given to increasing State and corporate accountability for violations of human rights, including labour rights, in global value or supply chains. In this context, the recent commitment by leaders of major global economies at the recent Group of Seven (G7) Summit to take action to address human rights in global supply chains is welcome and needs to be followed up by concrete actions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 24
- Paragraph text
- In the garment and textile sectors, reports indicate a significant risk of contemporary forms of slavery occurring in the complex subcontracting that characterizes the industry in many parts of the world, including the sometimes home-based and informal workshops operating on the margins of the formal economy. Subcontractors such as these are often overlooked both by labour inspections and due diligence systems, making workers in these supply chains particularly vulnerable to exploitation given the quick turnaround time to meet orders from global fashion brands and consumer needs. Contemporary forms of slavery have often been cited as occurring in global supply chains of international brands.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 28
- Paragraph text
- States have an obligation under international human rights law to respect, protect and fulfil the human rights of all persons in their territory and/or jurisdiction. This includes the duty to protect individuals and groups against human rights abuses committed by private actors, such as business enterprises. The Human Rights Committee, in paragraph 8 of its general comment No. 31 (2004) on the nature of general legal obligations on States Parties to the Covenant, stipulates the need for States to exercise due diligence to prevent, punish, investigate or redress the harm caused by private persons or entities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 30
- Paragraph text
- In the context of contemporary forms of slavery, this duty to protect could translate into a smart mix of measures to ensure that businesses engage in their responsibility to respect human rights, including through undertaking human rights due diligence throughout their supply chains and remediating the adverse impact of their operations on human rights. At the very minimum, States should ensure that businesses realize the implications of purchasing products or services that have in any way been linked to forced labour or other contemporary forms of slavery. To date, States have adopted diverse approaches to addressing this issue, which include ensuring criminal, civil and tort liability for business-related human rights violations, setting up mechanisms to regulate such compliance in trade and consumer protection and addressing it in government procurement. Disclosure and transparency can also feature as legal obligations rather than being limited to voluntary corporate social responsibility initiatives.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Servile marriage 2012, para. 100
- Paragraph text
- The minimum age cannot be applied if there is no proper birth and marriage registration in the country. Registration of births should be compulsory even if the marriages of the parents are not registered.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Families
- Infants
- Year
- 2012
Paragraph
Manifestations and causes of domestic servitude 2010, para. 38
- Paragraph text
- In many cases, poverty will make parents involuntary accomplices to the exploitation of their own children. In Haiti (see A/HRC/12/21/Add.1), parents from poor families will often send one or more of their children to stay with more affluent families, who may be relatives, family friends or complete strangers. In its idealized form, the practice should ensure that the host family takes care of the child and pays for its schooling, while expecting the child in return to take up a modest set of household chores. In reality, the majority of the estimated 150,000-500,000 so-called restavèk children in Haiti are exploited in domestic servitude. They frequently work extremely long hours without pay, are deprived of schooling, health care and adequate food or shelter and often suffer physical and sexual abuse. The practice is so associated with abuse that the word restavèk (which literally means "to stay with" in Haitian Creole) has become a pejorative term.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 40
- Paragraph text
- Increasingly, parents are implicated in the exploitation of children in the general market for domestic labour. Some parents do so with the belief that their children will be provided with formal education and work. Deceiving the parents, the intermediaries often end up trafficking the children into domestic servitude or other forms of exploitation. In Ecuador (see A/HRC/15/20/Add.3), children are "rented" by their parents or others to third parties who can employ them at their will. Many of the victims are exploited in domestic servitude. Reports of the Council of Europe express concern about the international trafficking of children aged from 8 to 15 years from West Africa to Europe, where they are exploited in domestic labour, usually in the households of compatriots. Underlying such practices is a failure to recognize children as full human beings with equal rights. Instead, children are treated as commodities who can be moved around and exploited for the benefit of adults.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 42
- Paragraph text
- Children find it especially difficult to extract themselves from situations of domestic servitude. The relationship between the employer and child usually starts out seemingly well before exploitation and abuse become obvious. Consequently, the children feel that they are in the wrong and stay for fear of 'failing' their families. Children who have been sexually abused find it difficult to leave because of the shame of 'being spoiled' and when they do leave, are afraid to go back to their families and end up in the streets. Child domestic workers who migrated or were trafficked long distances often face financial, language and cultural barriers preventing their return home.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 43
- Paragraph text
- Forced marriage combines sexual exploitation with domestic servitude. The victims are forced to perform household chores in line with gendered stereotypes, while submitting to their husbands' sexual demands. The link between forced marriages and servitude is explicitly recognized by article 1 (c) of the 1956 Supplementary Convention on Slavery, which considers women to be persons of servile status if they have been subjected to: "Any institution or practice whereby: (i) A woman, without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person or group; or (ii) The husband of a woman, his family, or his clan, has the right to transfer her to another person for value received or otherwise; or (iii) A woman on the death of her husband is liable to be inherited by another person."
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 45
- Paragraph text
- Child marriages, unions that involve at least one partner below the minimum legal age of marriage, constitute a form of forced marriage since the child is not in a position to consent. Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women specifies that "the betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage". The Committee on the Elimination of Discrimination against Women considers that the minimum age for marriage should be 18 years for both man and woman. This age limit, which is in line with the definition of the child provided by the Convention on the Rights of the Child, is also reflected in the African Charter on the Rights and Welfare of the Child (art. 21).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 47
- Paragraph text
- Servitude and other slavery-like practices prohibited by article 8 of the Covenant on Civil and Political Rights extend beyond the specific instances recognized by the 1956 Supplementary Convention on Slavery and includes other cases of economic exploitation in which the victim is so dependent on the perpetrator that s/he cannot leave the situation of exploitation. Dependency in this context can derive from a multiplicity of physical, economic, social, cultural, psychological and legal factors. While each factor may by itself not be strong enough to create the severe dependency characterizing servitude, the factors may reinforce each other creating a net of dependency factors from which the victim cannot extract herself.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 47
- Paragraph text
- The lack of traditional family and social structures in artisanal mining and quarrying communities increases the likelihood of child slavery. This is especially true for migrant and trafficked children working in this sector. They are often undocumented, do not receive any Government support or protection and are vulnerable to exploitation by mine employers. These communities are set up by people who for various reasons leave their traditional way of live and go to work in this sector. The communities are set up in an ad hoc manner with little or no regard to societal norms. These communities often attract those unable or unwilling to sustain traditional lifestyles or occupations (see A/HRC/18/30/Add.1).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 85
- Paragraph text
- Another successful ILO example is the programme for the prevention and progressive elimination of child labour in small-scale traditional gold-mining in Latin America, which had regional, national and local components and was aimed at contributing to the elimination of child labour in small-scale mining in the Plurinational State of Bolivia, Ecuador and Peru. Successful intervention elements identified included: the establishment or improvement of social services, such as education services for children and health services for all the population; improvement of the technology for mining exploitation and health conditions and job security; giving impetus for micro-enterprises for mothers/fathers of children that had been working in mining and creation of income-generating alternatives for women; creation and strengthening of grass-roots organizations, and giving impetus to a local development processes with the participation of various actors.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 78
- Paragraph text
- First, there are legal and enforcement challenges. This is due to the absence of legislation or inadequate legislation, lack of criminalization and the lack of enforcement or adequate enforcement of legislation relating to children working in slavery within the artisanal mining and quarrying sector. Where legislation exists, it is often complex and only favours the owner of the mine or quarry, not the workers - particularly in the case of the children. Additionally, where legislation exists in the form of bans on artisanal mining and quarrying, such activity is driven further underground. This increases the risk of violations of the rights of the children who work, as they are even more isolated and restricted in their movements in order to keep their work secretive.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 79
- Paragraph text
- Second, poverty, in particular rural poverty, is not only a cause but also an obstacle to eradicating slavery in artisanal mining and quarrying. Reports state that a working child incurs huge future income losses due to the negative impact working has on his human capital, health and education. In the case of child slavery in artisanal mining and quarrying, the negative impact is likely to be worse. With the lack of investment in rural livelihoods and alternatives to subsistence farming, mining - particularly gold-mining - is regarded as a quick way of making money. Artisanal miners make one-three times more money from mining than from farming (see E/C.12/MDG/CO/2). However, although better paid than other occupations, it needs to be highlighted that in most of the cases, owing to factors such as debt bondage, inflated prices for basic goods and lack of basic services, wages hardly cover subsistence costs, perpetuating the need for children to work.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Servile marriage 2012, para. 27
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women contains specific provisions in relation to forced marriage (article 16 (1) (b)) and early marriage (article 16 (2)). Child marriages, which are unions that involve at least one partner below the minimum legal age of marriage, constitute a form of forced marriage as the child is not in a position to consent. Article 16 of the Convention specifies that the betrothal and the marriage of a child are to have no legal effect, and all necessary action, including legislation, is to be taken to specify a minimum age for marriage.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 28
- Paragraph text
- Under article 24 (3) of the Convention on the Rights of the Child, States parties are required to take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Servile marriage 2012, para. 30
- Paragraph text
- Article 17 (2) of the American Convention on Human Rights guarantees the right of men and women of marriageable age to marry and to raise a family, and requires that no marriage is to be entered into without the free and full consent of the intending spouses. Under article 17 (3), the States parties are to take appropriate steps to ensure the equality of rights and the adequate balancing of responsibilities of the spouses as to marriage, during marriage, and in the event of its dissolution. Article 3 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women safeguards a woman's right to be free from violence in both the public and private spheres.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 31
- Paragraph text
- Article 21 (2) of the African Charter on the Rights and Welfare of the Child states that child marriage and the betrothal of girls and boys are to be prohibited and effective action, including legislation, is to be taken to specify the minimum age of marriage to be 18 years. Article 6 of the 2003 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa states that no marriage is to take place without the free and full consent of both parties, and requires States to enact appropriate national legislative measures to guarantee that the minimum age of marriage for women is to be 18 years.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2012
Paragraph
Manifestations and causes of domestic servitude 2010, para. 54
- Paragraph text
- Migrant domestic workers commonly have a particularly precarious residence status, making them dependent on their employer and hence easy to exploit. A number of countries in Asia and the Middle East (where the system is known as kafalah) still tie a domestic worker's visa to a particular family. The domestic worker is only allowed to change visa sponsors without the employers' consent in exceptional circumstances that are, in practice, hard to invoke. A live-in worker who is dismissed can find herself from one moment to the next in the street with no income, legal residence status, family support network, return air ticket or right to seek another job.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Servile marriage 2012, para. 45
- Paragraph text
- In some communities, honour is connected with virtue, good works, righteous behaviour and obligations to one's parents, older persons and the community. Honour-related killings have often been associated with religious beliefs. These, however, are traditional or cultural practices. Among some Asian tribes, honour (or izzat) is associated with the female body and therefore women and girls must be guarded, protected and passed on to another member of the tribe. A girl or woman dishonours her family and tribe if her body is violated, even by force, and the shame can be cleansed only through her death.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 46
- Paragraph text
- Family status depends on honour. In patriarchal and patrilineal societies, maintaining the honour of the family is a woman's responsibility. The concept of women as commodities and not as human beings endowed with dignity and rights equal to those of men is deeply embedded in these societies. Women are seen as the property of men and must be obedient and passive, rather than assertive and active. Any assertive behaviour is considered to be an element that would result in an imbalance of power relations within the parameters of the family unit (E/CN.4/2002/83, para. 27). UNICEF reports that in some countries, early marriages are regarded by families as a means of protecting girls from premarital sex that would undermine their honour and that of their families.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Men
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 59
- Paragraph text
- In many countries, there is a widespread belief, which also finds expression in law, that a husband is entitled to sexual intercourse and may insist on this entitlement by force. There is a growing trend by countries to repeal such laws, however. For example, Ghana, after much public debate and consultation with stakeholders, amended its legislation in order to protect women from marital rape and enacted new legislation criminalizing physical, sexual and physiological abuse, intimidation, threats and harassment between spouses, other intimate partners and former partners, among others (A/HRC/7/6/Add. 3, paras. 37 and 74).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 90
- Paragraph text
- The Special Rapporteur recommends that States ratify fully and implement all relevant international legal instruments to prevent child slavery such as the 1926 Slavery Convention, the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, the Convention on the Rights of the Child, the Covenant on Civil and Political Rights, the Covenant on Economic, Social and Cultural Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2011
Paragraph
Servile marriage 2012, para. 102
- Paragraph text
- Education has been recognized as one of the most effective ways to delay early marriage and allow for married women to make more informed choices about their health and that of their families. States should establish more schools, recruit qualified teachers (in particular female teachers) and train teachers in subjects such as gender sensitivity, HIV/AIDS and reproductive and sexual health. They should also offer economic support and incentives for girls and their families, such as fee subsidies, scholarships, school supplies, school uniform and conditional cash transfers. There should be proper monitoring and evaluation of such transfers. States should also adopt all appropriate educational measures to modify the social and cultural patterns of conduct that foster cultural practices among families that lead to servile marriage. Teachers and other educational staff should be trained to recognize vulnerable girls and react appropriately. Continuing formal education and vocational training for married girls and women should be provided.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Health
- Person(s) affected
- Girls
- Women
- Year
- 2012
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 8
- Paragraph text
- Contemporary forms of slavery can be found around the world, but there are certain regions where it is more prevalent. For the 2012 International Labour Organization (ILO) estimate, the number of persons in conditions of forced labour are broken down by region: the Middle East had 600,000 persons in forced labour, "developed economies and the European Union" had 1.5 million, Central and South-Eastern Europe and the Commonwealth of Independent States had 1.6 million, Latin America and the Caribbean had 1.8 million, Africa had 3.7 million, and Asia and the Pacific had 11.7 million. Despite having the second lowest number of victims of forced labour, Central and South-Eastern Europe and the Commonwealth of Independent States registered the highest rate of forced labour, at 420 per 100,000 inhabitants.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2013
Paragraph
Servile marriage 2012, para. 86
- Paragraph text
- Girls and women who seek to leave servile marriage may be victims of acid attacks or honour-related killings. Acid attacks, which involve the use of sulphuric acid to disfigure or kill, have been reported in Asia, Europe and North and Latin America.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 87
- Paragraph text
- The right to non-discrimination on the basis of sex features in numerous international human rights instruments in relation to marriage. For example, articles 1 and 16 of the Convention on the Elimination of All Forms of Discrimination against Women call for the elimination of discrimination against women in all matters related to marriage and family relations. Article 2 of the Convention on the Rights of the Child recognizes the right of children to be free from discrimination, including on the grounds of age and sex. In cases where there is a difference between the minimum age for girls and boys to marry, however, the minimum age for girls is always lower than that for boys.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2012
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 30
- Paragraph text
- The Supplementary Convention also alludes to child slavery. The Convention requires the abolition of "any institution or practice whereby a child or young person under the age of 18 years, is delivered by either or both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the exploitation of the child or young person or his labour" (art. 1 (d)). Article 10, paragraph 3, of the International Covenant on Economic, Social and Cultural Rights states that, "children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law." Drawing on this, ILO Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour defines and prohibits the worst forms of child labour, including child slavery (arts. 1 and 3).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Families
- Youth
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 31
- Paragraph text
- Domestic servitude can be another contemporary form of slavery, although it has not garnered as much attention in the international human rights frameworks of the twentieth century. Domestic servitude is implicitly prohibited in the articles of the Slavery Convention, the Covenants and Declarations that make up the International Bill of Human Rights, ILO Convention No. 105 (1959) concerning the Abolition of Forced Labour and the 1998 ILO Declaration on Fundamental Principles and Rights at Work. The Convention on the Rights of the Child and ILO Convention No. 182 both protect children against conditions akin to domestic servitude. In June 2011, ILO adopted Convention No. 189 concerning decent work for domestic workers, which similarly addresses such issues. The Convention sets out protections against domestic servitude, outlining specific rights for domestic workers, including fair terms of employment, decent working and living conditions, respect for their privacy, and protection against all forms of abuse, harassment, and violence (arts. 5 and 6).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Servile marriage 2012, para. 18
- Paragraph text
- Victims of servile marriage are often unable to escape because their families and/or the societies in which they live will not support them, whether for economic reasons or for traditional, cultural and religious beliefs. Such beliefs and practices cannot, however, be used to justify servile marriage. Under the Supplementary Slavery Convention, States parties are to bring about the complete abolition or abandonment of slavery-like institutions and practices, such as servile marriage. It does not provide for any exceptions in which slavery may continue to exist. Evolving international law has confirmed that slavery is a crime against humanity and, as such, no culture, tradition or religious practice can be used to justify servile marriage.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- All
- Families
- Year
- 2012
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 33
- Paragraph text
- There are a number of legal limitations that present challenges in protecting individuals from becoming the victims of contemporary forms of slavery. First, some countries have failed to ratify the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, including El Salvador, Liberia and Peru. In other cases, many countries that have ratified the Convention have not brought their domestic legislation into line with international standards. Still other countries also fail to explicitly define, prohibit or sanction specific forms of slavery, making it difficult to prosecute such cases. In Colombia, for example, the law does not specify sanctions for forced labour, except in cases involving trafficking in persons, while in Philippines, labour experts have noted that many laws prohibiting contemporary forms of slavery only cover children, victims of trafficking and victims of forced labour subjected to violence or debt bondage.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 34
- Paragraph text
- Legal loopholes that fail to cover certain categories of workers may also allow for their exploitation. This is the case in France and a number of other countries, where labour laws do not cover domestic workers (A/HRC/15/20, para. 74). In Guatemala, the law fails to provide special protections for agricultural workers and instead includes legislation that discriminates against them. It was not until 2011, for example, that the minimum wage for agricultural workers was set at the same level as that for workers in other sectors, while payments in kind, a remnant of peonage in Guatemala, are still permitted in the agricultural sector.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 36
- Paragraph text
- Certain countries also have laws that make migrant workers vulnerable to slavery-like practices. For example, in the Dominican Republic, temporary migrants must be provided with a "temporary worker card". This carnet only allows them "to perform the gainful activity for which they were admitted, for the authorized period of time and within the authorized area". Migration Law 285-04 stipulates that employers should "repatriate" workers once their carnets expire, giving employers the authority to deport workers. This creates a legal restriction on migrant workers' freedom of movement, links them to a specific employer and creates an inherent menace of penalty of deportation for leaving their jobs or workplaces.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 37
- Paragraph text
- There are a number of institutional deficits that may prevent the full enforcement of laws against contemporary forms of slavery. Although countries may have ratified laws and international conventions that explicitly prohibit and sanction such exploitation, many Governments have not taken adequate action to enforce these laws. In some cases, central Governments' failure to recognize the existence of contemporary slavery severely limits their enforcement activities. For example, the Government of the Dominican Republic has not recognized the existence of forced labour in any economic sector in the country, including sugar. For this reason, there are no plans or programmes designed to combat the abuse.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 38
- Paragraph text
- In many countries in which slavery occurs, victims are poor, have few political connections and have little power to voice their grievances. These communities are normally marginalized and discriminated against as a result of their caste, race, gender and/or their origin as migrants or indigenous populations. In contrast, perpetrators may be wealthy, well-connected individuals who are able to influence policy and enforcement. This can result in corruption and a system in which there is little pressure on authorities to take action to combat exploitation. In Peru, gold generates tremendous profits and breeds corruption at every level, making it extremely difficult to combat labour abuses in illegal gold mining, including significant indicators of slavery. Such corruption facilitates the continued operation of illegal mines and gold-laundering and frustrates government enforcement efforts. In many cases, even when authorities have the will to carry out enforcement, they lack the training and resources to adequately do so.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2013
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 69f
- Paragraph text
- [In relation to businesses, the Special Rapporteur recommends the following:] Gaps in national legislation and underdeveloped regulatory infrastructure can pose significant risks for contemporary forms of slavery in supply chains. To address this, businesses, working in partnership with business peers and other stakeholders or though representative industry and employer organizations, should engage public policy actors and regulators to encourage adoption of a relevant legal framework and effective law enforcement. Businesses, together with other stakeholders, also have an important role to play in addressing the root causes of contemporary forms of slavery;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 70a
- Paragraph text
- [The Special Rapporteur would like to make the following recommendations to other stakeholders:] International organizations and the donor community have an important role to play in providing a forum for stakeholder dialogue and partnership to address contemporary forms of slavery in supply chains and to empower communities. They are encouraged to assist the States and other actors, if needed, by providing technical assistance for research, capacity-building, remediation and for addressing root causes through human rights-based development and poverty reduction programmes;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 24
- Paragraph text
- In Peru, debt bondage is reported to occur in the illegal logging and timber extraction industries, with mestizos (individuals of mixed colonial and indigenous descent) and indigenous peoples in the Peruvian Amazon commonly victimized. Two forms of forced labour in logging activities have been identified in the Amazon. The first involves indigenous workers being contracted to perform activities in their own communities, whereas the second sees indigenous and mestizo workers being hired to work in logging camps owned by timber bosses. Enforcement of the arrangements between workers and employers is in some cases ensured through threats and abuse, including physical violence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 25
- Paragraph text
- In the Plurinational State of Bolivia, bonded labour has been reported among the indigenous Guaranis in the Chaco region and among indigenous workers and mestizos on sugar plantations, and in relation to the production of Brazil nuts in the northern Amazon. The indigenous Guaranis in the Chaco region are mainly involved in farming and ranching, in activities such as the production of corn, beans, cassava, plantain and fruits, and fishing and hunting. It is estimated that a large number of indigenous Guarani families in the Bolivian Chaco are subjected to debt bondage and forced labour and are thus referred to as "captive communities". Furthermore, every year during the sugar harvest, tens of thousands of indigenous workers and their families, recruited by intermediaries or contractors through the enganche recruitment system, migrate to Santa Cruz and Tarija.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 16
- Paragraph text
- In traditional forms of debt bondage in South Asia, patronage assumes an important role in the employer-employee relationship, in that the labour and the life of the debtor become collateral for the debt accrued. In some cases, such patronage perpetuates the cycle of debt from one generation to the next. However, this generational debt bondage has decreased over the years and has been replaced by a more individualized temporary and/or seasonal form of bondage that is exclusively economic and lacks the dimension of patronage. This form of debt bondage, also known as "neo-bondage", is considered to involve the seasonal movement of migrant workers within and between countries. Such workers are recruited by intermediaries who usually demand the payment of an advance and the settlement of wages at the end of the contract in exchange for their intermediation. Neo-bondage is similar to traditional forms of bondage, in the sense that the men, women and children vulnerable to such practices mainly belong to marginalized communities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Children
- Men
- Persons on the move
- Women
- Year
- 2016
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 66
- Paragraph text
- Global businesses have the capacity and resources to address, jointly with relevant stakeholders, the root causes of contemporary forms of slavery, particularly structural issues relating to discrimination, poverty and inequality and should use this leverage more prominently. There is also the need for increased dialogue and cooperation among all stakeholders working on the issue of contemporary forms of slavery in supply chains, also within the international community, in order to combine their efforts to ensure its eradication, including in relation to the 2016 International Labour Conference general discussion on the issue of decent work in global supply chains.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 71
- Paragraph text
- There have also been successful cases in which international associations of employers and employment agencies have established agreements with other stakeholders in order to improve efforts to combat contemporary forms of slavery. For example, the International Confederation of Private Employment Agencies signed a Memorandum of Understanding with the Global Union for Skills and Services in 2008. This Memorandum established a global partnership with other stakeholders to combat contemporary forms of slavery, policy advocacy and cooperation with ILO to encourage ratification and application of ILO conventions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 35
- Paragraph text
- In Nepal, the Bonded Labour (Prohibition) Act, 2058 (2002) abolished bonded labour in the country. The 2002 Act makes null and void all the debts contracted by persons in debt bondage and requires the establishment of freed bonded labourer rehabilitation and monitoring committees in a number of districts. The 2002 Act provides for penalties and fines for perpetrators. In 2010, the Ministry of Land Reform and Management presented a haliya system (prohibition) bill, setting out the rights of freed haliya, and establishing a rehabilitation fund, a case litigation and appeal process, and provision for punishment. However, the bill has not yet passed into law. In May 2011, the Government issued the "Freed haliya rehabilitation and monitoring guidelines", which mandated district-level task forces to update the information on freed haliya and to distribute identification cards to them within six months of their being identified.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 38
- Paragraph text
- In Germany, subjecting a person under the age of 21 to debt bondage is penalized under the Criminal Code (section 233 (1)) with a term of imprisonment of between 6 months and 10 years. In Australia, the offence of debt bondage is penalized by 4 years' imprisonment, under section 271.8 of the Criminal Code. Furthermore, the Government of Australia has adopted the National Action Plan to Combat Human Trafficking and Slavery 2015-2019, which includes actions to combat debt bondage. Other measures include the setting up in 2015 of Task Force Cadena to tackle serious incidents of illegal work, visa fraud and worker exploitation, with a focus on industries such as food production and agriculture, and the establishment of the Ministerial Working Group Protecting Vulnerable Visa Holders to consider policy options to protect vulnerable foreign workers in Australia.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 44e
- Paragraph text
- [Despite the efforts of various countries to eradicate and prevent debt bondage, there are still challenges in implementing adequate measures in this regard, including:] The ineffectiveness or non-existence of adequate mechanisms to identify bonded labourers, including the lack of ongoing identification programmes conducted in the formal and informal sectors and the lack of particular methods for identifying bonded labourers. Other challenges in this regard include the insufficient resources allocated for the purposes of identification; the non-proactive attitude by officials to seeking out and finding cases of debt bondage; the lack of data, which could be obtained through surveys to identify the number of persons in debt bondage and the sectors where it is the most prevalent; and the failure by the authorities to recognize new forms of debt bondage, such as seasonal debt bondage;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Manifestations and causes of domestic servitude 2010, para. 17
- Paragraph text
- Their physical and social isolation, which is at times deliberately fostered by unscrupulous employers, interferes with their human right to freely organize and associate. The highly personalized relationship with the employer makes collective bargaining very difficult. Despite these obstacles, domestic workers are increasingly forming organizations. There are now a number of domestic workers associations doing outstanding work and some pioneers have even organized themselves into domestic worker cooperatives. Labour unions also increasingly incorporate domestic workers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 30
- Paragraph text
- Among the instances leading to domestic servitude is debt bondage, also referred to as bonded labour (see for information A/HRC/12/21). Article 1 (a) of the 1956 Supplementary Convention on Slavery defines debt bondage as "the status or condition arising from a pledge by a debtor of his personal services or of those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt or the length and nature of those services are not respectively limited and defined".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 44g
- Paragraph text
- [Despite the efforts of various countries to eradicate and prevent debt bondage, there are still challenges in implementing adequate measures in this regard, including:] The absence of measures to specifically target the factors that cause or facilitate debt bondage, such as poverty, illiteracy, lack of access to decent work, social exclusion and discrimination. Also, the absence of measures to address cultural and economic pressures in some countries (e.g. in relation to marriage) and to ensure access to education, health and social security;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 37
- Paragraph text
- In Mauritania, Act No. 2015-031 of 10 September 2015 criminalizes slavery and punishes slavery-like practices including debt bondage. The Act provides for the possibility of third parties (those who have benefited from legal personality for at least five years) taking legal action and being a party in the proceedings (section 23).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 9
- Paragraph text
- Children working in artisanal mines and quarries are subject to a series of violations of human rights and very often find themselves in conditions that amount to contemporary forms of slavery.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Manifestations and causes of domestic servitude 2010, para. 95
- Paragraph text
- [In the case of live-in domestic workers, the identity of work place and home is deeply problematic as it makes this group dangerously isolated. In order to limit and regulate live-in domestic work, States should:] Require employers to undergo a mandatory awareness raising training before employing live-in workers. Employers should be obliged to register live-in workers and ensure that they present themselves to periodic private interviews with labour inspectors.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Year
- 2010
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 97
- Paragraph text
- Governments should establish effective and accessible information and complaints mechanisms for victims such as an ombudsperson for children and allow for third parties to bring forward cases on behalf of children who have been victims of slavery. Governments should also provide victims of child slavery with adequate and unconditional assistance for their protection, rehabilitation and reintegration, including by funding and/or working with relevant international and NGOs.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 102
- Paragraph text
- Economic alternatives, which provide the same income, need to be offered to working mining and quarrying families. Alongside the provision of economic alternatives, Governments should work with international organizations and CSOs to monitor this sector in order to transform it and ensure better pay and working conditions. This could then provide an income for families based on the labour of adults in a relatively safe working environment.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Families
- Year
- 2011
Paragraph
Servile marriage 2012, para. 103
- Paragraph text
- States should also increase and improve access to reproductive health services and information, in particular for girls and women, including access to family planning. Health information tailored to young mothers about proper nutrition and care for their health and the health of their babies should be made available. Access to reproductive health care for women and girls in urban and rural areas needs to be increased and improved by ensuring that adequate resources and health-care experts are available.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Infants
- Women
- Youth
- Year
- 2012
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Ratify all relevant international instruments prohibiting slavery and slavery-like practices and other relevant international instruments pertaining to the eradication of debt bondage, including the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29). States should align their national legislation with these international standards, in order to adequately criminalize debt bondage and provide adequate penalties for violations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 46
- Paragraph text
- There has been a series of improvements to legal frameworks on both an international and national level that represent best practice in combating contemporary forms of slavery. At the national level, a wide range of countries have passed comprehensive legislation prohibiting and sanctioning contemporary forms of slavery. For example, in 2007 Mauritania passed a law criminalizing slavery. Additionally, in Brazil, article 149 of the Penal Code establishes a sentence of between two and eight years' imprisonment for subjecting a person to forced labour, arduous or degrading working conditions or holding workers at workplaces through surveillance, debt bondage, restriction of movement and retention of personal identification documents or property. The sentence is increased by 50 per cent for cases involving children or discrimination based on religion, gender or race. Brazilian law also prohibits and penalizes other activities related to forced labour, including debt bondage. Nevertheless, owing to the variety of mechanisms used to subject individuals to slavery, many countries have also necessarily looked beyond traditional laws on forced labour and human trafficking. For example, some have established mechanisms to combat exploitative recruitment and hiring practices which increase the risk of contemporary forms of slavery. The Contract Act in Bangladesh, for example, establishes that all employment contracts must be made with the free consent of all parties without coercion, undue influence, fraud or misrepresentation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 40
- Paragraph text
- People in debt bondage tend to have experienced a low level of access to education, which frequently results in illiteracy and innumeracy. This leads to a lack of alternative employment options and makes them vulnerable to exploitation from their employers. Illiteracy and innumeracy allow employers or recruiters to manipulate loans, interest rates and wages. Poor remuneration in previous employment is considered to be a major cause of debt bondage, as workers are forced to take loans or advances to cover basic subsistence needs.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Poverty
- Person(s) affected
- All
- Year
- 2016
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 18
- Paragraph text
- The Special Rapporteur acknowledges that not all children who work are exploited. Indeed, the Special Rapporteur acknowledges that in some situations working can enrich the development of the child, family and community. Child exploitation occurs when the work that a child carries out is hazardous or interferes with the child's education, or is harmful to the child's health or physical, mental, spiritual, moral or social development (art. 32, para. 1, of the Convention on the Rights of the Child).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 21
- Paragraph text
- The core international law against slavery comprises the 1926 Slavery Convention and the 1956 Supplementary Convention. While the 1926 Convention defines the concept of slavery (art. 1) and introduces forced labour as being analogous to slavery (art. 5), the 1956 Convention broadens the concept so as to encompass other slavery-like practices. The ILO Convention No. 29 (1930) concerning Forced or Compulsory Labour offers a definition of forced labour and lays down a number of exceptions from its general prohibition.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 28
- Paragraph text
- In 1993, the Committee on the Rights of the Child devoted its second day of annual discussion to the economic exploitation of children (see CRC/C/20, para. 186-196). On this occasion, the indivisibility and interrelatedness of the rights of the child stipulated in the Convention on the Rights of the Child were highlighted, as was the fact that they are all inherent to the human dignity of the child. Therefore, a holistic approach should be taken when looking at the implementation of the right enshrined in article 32.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Servile marriage 2012, para. 47
- Paragraph text
- Honour-related killings are practised by some communities in their countries of origin or in the countries to which they have immigrated. Honour-related killings occur in Asia, the Middle East and Europe, where first-generation immigrants have passed the practice on to their children and grandchildren. Among some Asian communities, to guard the honour of a clan, marriages take place within the biradari system, a social caste system that divides people into separate communities and combines caste and honour with notions of total loyalty to the clan.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Servile marriage 2012, para. 60
- Paragraph text
- As a result of cultural beliefs, girls and women with dual nationality are sometimes abducted by their families from one country and forced to marry men from their parents' country of origin. This has happened in the United Kingdom to women from Asian diaspora communities. The Governments involved have worked through consular assistance and judicial proceedings to provide victims with effective remedies. In 2005, the United Kingdom set up a forced marriage unit under the Foreign and Commonwealth Office and the Home Office to tackle the issue.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 77
- Paragraph text
- The younger the bride, the more likely it is that she will face serious health complications owing to the physical immaturity of her body at the time of childbirth. A girl with underdeveloped physiology risks incurring an obstetric fistula, a rupture of the vagina, bladder and/or rectum during childbirth that causes persistent leakage of urine and faeces. Girls face a greater risk of health problems associated with repeated pregnancies and childbirth. They also have limited access to information concerning their reproductive health and health care.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Year
- 2012
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 21
- Paragraph text
- In addition to domestic work and mining, contemporary forms of slavery can be found in many other industries. According to the ILO 2012 estimate, 90 per cent of the 20.9 million victims of forced labour were employed in the private economy. Slavery can also be found in fishing, domestic work, quarrying, brick kilns and illegal activities. Forced labour is prominent in agriculture, logging, mining, apparel and electronics manufacturing, personal-care services, construction and food processing.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 15
- Paragraph text
- In the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956, the protection of the right is extended to include "institutions and practices similar to slavery", i.e. debt bondage, serfdom, servile marriage and delivering a child for exploitation. Child economic exploitation and child hazardous labour are further prohibited in the International Covenant on Economic, Social and Cultural Rights (art. 10 (3)) and the Convention on the Rights of the Child (art. 32). In the International Labour Organization (ILO) Worst Forms of Child Labour Convention, 1999 (No. 182), the elimination of the worst forms of child labour is called for, which are defined as including all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage, serfdom and forced or compulsory labour as well as hazardous work (art. 3).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Servile marriage 2012, para. 64
- Paragraph text
- Described below are forms of servile marriage that women and girls experience.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Girls
- Women
- Year
- 2012
Paragraph
Manifestations and causes of domestic servitude 2010, para. 23
- Paragraph text
- Owing to the indicated vulnerabilities, domestic workers are often subject to unfair and exploitative labour practices. Some are paid way below minimum wage standards or not at all, while others are confronted with the arbitrary deduction or withholding of wages. Many domestic workers are expected to live with their employers, yet are only offered sub-standard or degrading living conditions. Live-in workers might be expected to work 16-18 hours a day, be always on call and forego regular rest days and vacations. They frequently face restrictions on their freedom of communication and movement. Physical, emotional and sexual abuse is also common.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 25
- Paragraph text
- Slavery and servitude have in common that the victim is economically exploited, totally dependent on other individuals and cannot end the relationship at his or her own volition. In cases of slavery, as classically defined by the Slavery, Servitude, Forced Labour and Similar Institutions and Practices Convention of 1926, the perpetrator puts forward a claim to "own" the victim that is sustained by custom, social practice or domestic law, even though it violates international law. In servitude and slavery like practices, no such claim to formal ownership exists. This does not mean that servitude is the lesser human rights violation: the humiliation, exploitation and suffering can be equally or more intense depending on the nature of the individual case.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 34
- Paragraph text
- Domestic bonded labour can be linked to gender-discriminatory cultural practices. Among certain ethnic groups in Ghana and neighbouring countries, for instance, girls as young as 6-10 years old are forced into bonded labour, serving as so-called trokosi or vudusi in the household of priests at local fetish shrines. They are given by their parents to the shrine to pay the shrine for erasing a moral failing or curse attached to the parents. In addition to performing domestic chores and ritual duties at the shrine, a trokosi is usually also expected to work long hours on farmland belonging to the shrine. From puberty, she is expected to endure sexual relations with the fetish priest. Although the Government of Ghana has criminalized the practice, it has not yet been eradicated.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Youth
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 98
- Paragraph text
- [Normative action at the international level reflects has long been a reflection of the indolence of many States to provide effective protection against domestic servitude at the national level. The Special Rapporteur therefore welcomes the fact that the ILO finally resolved to adopt a convention on decent standards for domestic work and hopes that recommendations contained in this report will be reflected in the Convention. The Special Rapporteur recommends that:] The Human Rights Council and other appropriate inter-governmental forums should address domestic servitude through appropriate mechanisms. Universal periodic review recommendations should address domestic servitude and related shortcomings in the protection of domestic workers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 93
- Paragraph text
- [The criminalization of all forms of slavery and servitude, in line with States' international obligations, is one aspect of an effective response. At the same time, the issue is embedded in the wider challenge to ensure that domestic workers are finally provided with equal protection of their labour rights. Combating domestic servitude and protecting domestic workers' rights are two sides of the same coin. The Special Rapporteur recommends that States:] Strictly prohibit and take action against anyone who unduly restricts the freedom of movement and communication of domestic workers, including by prohibiting them to leave the house outside work hours or by withholding passports, other identification documents or air tickets.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 61
- Paragraph text
- Children endure physically demanding work where they have to carry heavy loads and stand, dive or squat for long hours. The physical demands have an effect on children's osteo-muscular development. A survey of children working in artisanal gold-mining in Mongolia reported that majority of them reported suffering from aches in the limbs and backbone. Another survey reported that they suffered from kidney and urinary diseases and exhaustion. During a mission to Ecuador, the Special Rapporteur witnessed children stunted in growth as a result of poor nutrition and working in mining (A/HRC/15/20/Add.3).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 67
- Paragraph text
- Some children try to combine working in the mines or quarries and going to school, as many of them need to work in order to assume the costs related to their education. However, these children are often tired, physically and mentally, and hence are often absent from class or lack the time to do their homework, rest in an adequate way or participate in recreational activities. This combination of factors results in their repeating classes, either a semester or a whole year. The school dropout rates increase drastically at 10 years old and is more pronounced at the secondary level of education, the majority of mining communities lacking secondary schools.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 69
- Paragraph text
- Both boys and girls are found working in artisanal mining and quarrying, but, as they grow up, they are attributed different tasks.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Girls
- Year
- 2011
Paragraph
Manifestations and causes of domestic servitude 2010, para. 94
- Paragraph text
- [Children are particularly vulnerable to domestic servitude, especially if they live with their employers and/or migrate on their own to find domestic work:] States should help marginalized families whose children are at risk of domestic servitude (e.g. through conditional cash transfer programmes), while reinforcing efforts to provide viable alternatives for children on their own, including street children, abandoned children and orphans. States should expand efforts to work with teachers, religious leaders and community organizations to end child domestic labour.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 96
- Paragraph text
- [Migrant domestic workers are vulnerable to subjugation to servitude, since they often have a precarious migration status and face prejudices. The Special Rapporteur recommends that States:] Diligently investigate credible allegations of abuse or exploitation committed by their diplomats and prosecute perpetrators. If no criminal action is taken by the sending State, host States should demand that diplomatic immunity is lifted or, failing that, declare the alleged perpetrator in serious cases persona non grata, while granting independent resident rights to the victim.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 81
- Paragraph text
- Fourth, the lack of public awareness about the slavery conditions experienced by children working in this sector is another challenge. The lack of general understanding of what constitutes child slavery and the illegal and informal nature of some artisanal mining and quarrying contribute to the difficulty in collecting data and information on where and how many children are involved in this work. This lack of knowledge makes it difficult to prevent, address and regulate child slavery. Knowledge would allow decision-makers at all levels to make better choices in tackling child slavery in this sector.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Servile marriage 2012, para. 15
- Paragraph text
- The violations that occur within servile marriage cannot be viewed only as acts of violence against women and girls because, although the overwhelming majority of those in servile marriage are girls and women, boys and men are also victims. Owing to gender prejudices, it is often easier for boys and men to leave forced marriages, live as divorcees, remarry and regain control of their lives, in particular because they are usually more educated and can be financially independent. Girls and women are more vulnerable and more likely to be sexually and physically abused. The Special Rapporteur focuses herein on girls and women in servile marriage for those reasons and also because, whether by design, error or omission, there is scant information available about the impact of servile marriage on boys and men.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 75
- Paragraph text
- Sexual slavery is a situation in which absolute control over one person is imposed on another, either by the use or threat of force. Servile marriage results in sexual slavery. As mentioned previously, girls in ritual slavery are forced to have sex with the priest who consummates the marriage between the girl and the deity. A ritually enslaved girl may also be forced to have sex with multiple sexual partners who believe that they become cleansed by having sex with her. The girls are also rendered physically weak by the pregnancies, births and, on occasion, abortions that they undergo. As a result of having multiple sexual partners the girls suffer from reproductive tract infections and sexually transmitted diseases. Unable to leave or seek help, they are often socially marginalized, with few support systems. This contributes to a lack of confidence and low self-esteem, perpetuating subordination.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Girls
- Year
- 2012
Paragraph
Servile marriage 2012, para. 96
- Paragraph text
- Legislation should allow for marriages concluded under force to be made void, annulled or dissolved without undue burden placed on the victims of such marriages.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2012
Paragraph
Servile marriage 2012, para. 98
- Paragraph text
- Violations relating to servile marriage such as domestic servitude and sexual slavery should be criminalized. Governments should also denounce and strengthen laws regarding crimes committed in the name of honour. Victims or survivors of honour crimes should not be placed in protective custody but instead provided with long-term safe housing. Psychosocial services should be provided for victims, such as community-based support mechanisms and services, including mobilizing the community and raising its awareness of the consequences of the crimes, to help to prevent future crimes and to assist with the reintegration of victims.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Social & Cultural Rights
- Violence
- Year
- 2012
Paragraph
Servile marriage 2012, para. 39
- Paragraph text
- The special procedures mandate holders, in particular the Special Rapporteur on violence against women, its causes and consequences, have focused on forced and early marriages, in addition to other issues relating to servile marriage, including honour-related killings and sexual slavery. In her report on her mission to Somalia, the Special Rapporteur on violence against women concluded that although servile marriages occurred, especially in rural areas, the lack of data made it impossible to ascertain the extent of the practice of rape and early and/or forced marriages (A/HRC/20/16/Add.3, para. 24).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 17
- Paragraph text
- Other slavery-like practices take place during servile marriage as the spouse usually ends up in domestic servitude (see A/HRC/15/20) and sexual slavery (whereby she is sexually exploited through the use or threat of force). Although commonly understood to take place during times of conflict, sexual slavery can occur at any time and violates the International Bill of Human Rights. National courts have acknowledged this concept. For example, in United States of America v. Sanga, a man forced a woman to work as a domestic maid for more than two years and to have sex with him. The United States Court of Appeals for the Ninth Circuit unanimously held that she was a virtual slave, contrary to the provision of the Thirteenth Amendment to the United States Constitution, under which slavery and involuntary servitude were prohibited. Girls and women in servile marriage have no choice but to perform the tasks expected of them, such as domestic chores, shop or farm work and engaging in sexual intercourse with their husbands. If they refuse to do so, or if their performance is unsatisfactory, they face physical, psychological and sexual abuse.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2012
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 32
- Paragraph text
- Slavery and compulsory or forced labour are separate practices that are addressed independently in most international human rights documents. The Slavery Convention establishes that States should "take all necessary measures to prevent compulsory or forced labour from developing into conditions analogous to slavery" (art. 5). ILO Convention No. 29 (1930) concerning Forced or Compulsory Labour defines 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 offered himself voluntarily" (art. 2). The Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, ILO Convention No. 182 and the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) all address forced labour.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Servile marriage 2012, para. 20
- Paragraph text
- It is important to note the distinction between servile marriage and arranged marriage. The Working Group on Contemporary Forms of Slavery was established by the Economic and Social Council in its decision 16 (LVI) to monitor the existence of slavery and the slave trade in all their practices and manifestations, including slavery-like practices such as servile marriage. The Working Group believed that it was important to highlight the distinction between forced marriage and arranged marriage. Arranged marriages, which exist in many parts of the world, are based on the consent of both parties, whereas forced marriages do not involve the consent of the parties or, at any rate, both of the parties. Any duress in a marriage is a violation of internationally recognized human rights standards and cannot be justified on religious or cultural grounds. The Working Group asserted that the perpetuation of forced and early marriages was a result of gender inequality and lack of both a culture of education for girls and of self-esteem.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Social & Cultural Rights
- Person(s) affected
- Girls
- Year
- 2012
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 44
- Paragraph text
- Lack of prosecutions and convictions for contemporary forms of slavery can also be a significant problem. One reason for this is poor integration and cooperation among government institutions. The Special Rapporteur noted that, during some of her missions, there was lack of integration between the criminal, labour and civil law specifically addressing forced labour, which impeded enforcement efforts. This lack results in inadequate investigations and sanctioning of slavery-like practices. The Special Rapporteur has noted that multi-sectoral commissions must have representation from relevant concerned government offices in order for them to effectively combat slavery.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 47
- Paragraph text
- Other countries have also stepped up efforts to regulate private employment agencies, as required by ILO Convention No. 181 (1997) concerning Private Employment Agencies. In 2011, the Government of Malaysia amended its Employment Act of 1955, defining the term "labour contractor" and requiring that wages paid to domestic workers be deposited into a bank account, that labour contractors register employees with the Director General of Labour and that the termination of foreign workers' employment be reported to the Director General of Labour. This amendment created a new type of legal labour relationship between third-party contractors and employees. In the Czech Republic, the Employment Act was amended in January 2011 to require the regulation of employment agencies. Such agencies must now be insured, pass a criminal record check and report statistics on the number and nationality of workers placed in employment.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 64
- Paragraph text
- Government measures to ensure that victims receive full protection and support when they are identified are also important. Such measures guarantee that perpetrators do not retaliate against victims for reporting abuses and help those victims to feel safe whenever they do report. Victims and their family members may be provided with safe houses, protection services and legal assistance. To this end, some countries have established specific protections for workers. For example, in Guatemala, article 10 of the Labour Code prohibits any form of reprisals against workers that are intended to completely or partially restrict them from exercising their legal rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 68e
- Paragraph text
- [Against this backdrop, the Special Rapporteur wishes to make the following recommendations to States:] States must ensure that those affected by business-related human rights abuse, including victims of forced labour and other contemporary forms of slavery, have the right to an effective remedy by taking appropriate steps to ensure the effectiveness of judicial mechanisms, providing effective and appropriate non-judicial grievance mechanisms, facilitating access to effective non-State-based grievance mechanisms and reducing barriers that could deny access to remedy for victims;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 68j
- Paragraph text
- [Against this backdrop, the Special Rapporteur wishes to make the following recommendations to States:] States should consider different strategies to promote voluntary initiatives, especially multi-stakeholder public-private partnership platforms, which include Governments at all levels, civil society actors, including trade unions, business representatives and other stakeholders. These are crucial to effectively and holistically address contemporary forms of slavery in supply chains and can, inter alia, foster dialogue on policies to best tackle its root causes, provide an institutional framework to develop and implement supply chain strategies, grievance mechanisms and remediation, advocacy on legal and public policy reform, as well as to promote certification and independent investigation. Community- and area-based approaches, which do not target a single crop or commodity, are a key form of a partnership.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 28
- Paragraph text
- Since 1926, a number of other international instruments have been drafted in order to address the varied forms of modern-day slavery that occur in the ever-changing social, political and economic environment. The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, adopted in 1956, highlights debt bondage and serfdom as specific forms of slavery. The Convention defines debt bondage as "the status or condition arising from a pledge by a debtor of his personal services or of those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt of the length and nature of those services are not respectively limited and defined" (art. 1 (a)). Serfdom is defined as "the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person, whether for reward or not, and is not free to change his status" (art. 1 (b)).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 40
- Paragraph text
- Even in countries in which authorities have the will and resources to combat contemporary slavery, they face the difficulty of locating victims. Contemporary forms of slavery often involve hidden populations, some of whom perform illicit work. Slavery often occurs in isolated areas and access can be challenged or compromised when workers are involved in illegal activities, when they are geographically isolated, or when they work in violent or politically unstable countries or regions. The challenge of accessing women and children can increase in countries with cultural norms that restrict them from having contact with outsiders or strangers, or their general freedom of movement. For example, the Special Rapporteur has reported that it is difficult to access forced child labourers working in mines and quarries located in remote areas (see A/HRC/18/30).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 54
- Paragraph text
- Under the due diligence standard, States have an obligation to exercise a measure of care in preventing and responding to the acts of private individuals. More specifically, they have a duty to protect people in debt bondage by means of adequate procedures to identify them, to provide short-term and long-term rehabilitation that prevents revictimizations, to enact legislation on debt bondage and to ensure that victims have access to justice and remedies. Furthermore, States have an obligation to prevent debt bondage through prevention of discrimination, regulation of wages, enforcement of labour law and regulation of recruitment practices, and by protecting persons in debt bondage against violations in the context of business activities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 26
- Paragraph text
- In Paraguay, debt bondage has reportedly been observed among members of various indigenous ethnic groups on traditional low-technology cattle farms located in remote areas of the Chaco region. Casual workers are hired for changa work - short-term work clearing fields or bringing in the harvest, and receive very low pay or no pay for their work after employers have deducted amounts from their wages corresponding to the items purchased on credit at the estate shop. Permanent workers are employed as playeros (ranch hands) to perform a variety of tasks, such as cutting wood or milking the cows, and in some cases due to the debts they have contracted are directly or indirectly held against their will. ILO estimated in 2005 that a total of 8,000 indigenous workers could be victims of debt bondage in Paraguay.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 27
- Paragraph text
- In Brazil, the highest incidence of what is commonly referred to as "slave labour", which includes the practice of debt bondage, is found in industries associated with the production of commodities such as live cattle, soybean, cotton, sugar and coffee. Other products identified with slave labour include vegetable charcoal and ethanol. Some of the regions reported to have a high incidence of slave labour include the states of Pará, Mato Grosso, Maranhão, Tocantins and Bahia, which also have been identified as states with a high incidence of violence and deforestation for cattle ranching. Labour intermediaries known as gatos usually recruit workers by offering them advance payments and free transport to the work site. Once they have arrived, the labourers, most of whom are males aged between 18 and 34, become indebted, as a result of items they buy on credit at the canteens run by the employer, and the charges for working tools, accommodation and transport.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 28
- Paragraph text
- Debt bondage in the context of labour migration and trafficking is a trend that can be seen across a number of countries and sectors. Migrant workers often become trapped in situations of bondage by borrowing money at exorbitant interest rates to pay recruitment fees or by taking an advance payment from intermediaries to secure work in the country of destination. Once migrants arrive in the country of destination they are often forced to work in harsh conditions to pay back debt they have accrued. Furthermore, workers are commonly subjected to threats and physical abuse, and in some cases face severe restrictions to their freedom of movement. The vast majority of people trafficked to countries in North America, Europe and the Middle East and to other developed countries are migrant workers who are trafficked into a variety of jobs including domestic work, agricultural work, prostitution and factory work and are often controlled through debt bondage and other mechanisms.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 29
- Paragraph text
- In the Middle East, migrant workers represent a significant portion of the labour force in the Gulf Cooperation Council countries of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates, particularly in the private sector. The individual sponsorship system, known as the kafalah system, which ties the employment and residency of a worker to a specific employer, is considered to be an arrangement that creates dependency of the worker on the employer and encourages abuses, including debt bondage. The fees charged by recruitment agencies for travel arrangements, labour contracts and other services trap migrant workers into bondage in their home countries. Consequently, migrant workers are often indebted upon arrival in the country of destination. Furthermore, practices such as the confiscation of passports, the non-payment, underpayment or delayed payment of wages, and contract substitution are considered to contribute to debt bondage. Those who are most susceptible to debt bondage in these countries are Asians who work as migrant labourers and domestic servants.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 41
- Paragraph text
- Bonded labourers commonly belong to minority groups vulnerable to discrimination, such as certain racial groups, women, indigenous people, people of "low" caste and migrant workers. The discrimination suffered by these groups frequently prevents them from accessing education, health care, clean water and credit. Furthermore, demands from bonded labourers for fair treatment, or their resistance to exploitation, often cause them to face social sanctions and boycotts that further restrict their possibility of overcoming discrimination or of leaving the situation of bondage. The discrimination faced by bonded labourers comes in some cases not only from society at large but also from other members of the same minority groups.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 42
- Paragraph text
- Gender inequalities and discrimination make women vulnerable to bondage, as they are often excluded from the labour market and consequently are involved in unskilled and poorly paid jobs. Furthermore, discrimination against children belonging to minority groups is a factor that limits their full access to education and thus increases their vulnerability to exploitation. Many bonded labourers, including women and children, face multiple and intersecting forms of discrimination, which significantly increases their vulnerability to debt bondage and at the same time limits their opportunities for escaping such abuse.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 43
- Paragraph text
- Precarious labour migration has been identified as a driver of debt bondage. Migrant workers are also often vulnerable to exploitation because of barriers they face in accessing the protections provided to nationals of the country to which they have migrated and because of generalized social hostility towards foreigners. The choices made by migrants about securing employment abroad are often based on misinformation and false promises concerning conditions of employment in destination countries. A lack of financial literacy can lead to a poor understanding of the loans taken out to pay fees, and a lack of alternatives in their home countries can incentivize migrants to take out loans on which extortionate rates of interest are charged. Furthermore, a lack of effective regulation of the recruitment sector, unethical practices by unscrupulous recruiters, late payment or the withholding of payment by employers, and exorbitant charges for services can worsen situations of debt bondage.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Manifestations and causes of domestic servitude 2010, para. 95
- Paragraph text
- [In the case of live-in domestic workers, the identity of work place and home is deeply problematic as it makes this group dangerously isolated. In order to limit and regulate live-in domestic work, States should:] Provide the labour authorities with the necessary legal powers, expertise and resources to carry out on-site inspections, based on a judicial order, in cases of credible allegations of serious violations of labour standards. The police should prioritize investigations of reported crimes affecting live-in domestic workers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 96
- Paragraph text
- [Migrant domestic workers are vulnerable to subjugation to servitude, since they often have a precarious migration status and face prejudices. The Special Rapporteur recommends that States:] Foster their multilateral and bilateral cooperation to accredit and regulate recruitment and placement agencies. Bilateral agreements on migrant domestic work should be binding, based on international standards; guarantee non-discrimination compared to local workers and provide for effective mechanisms to ensure compliance.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 97
- Paragraph text
- [Domestic workers have made impressive gains in organizing themselves across the globe. More efforts are needed, however, to empower individual workers. The Special Rapporteur recommends:] National authorities, cooperating with domestic workers associations, unions and national human rights institutions, should launch campaigns to inform prospective and current domestic workers what rights they have and how they can enforce them. Information has to be provided in places and languages accessible to all domestic workers, including migrants.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 15
- Paragraph text
- The practice of debt bondage in South Asia is reported to be widespread, particularly in India, Pakistan, Bangladesh and Nepal. The existence of debt bondage has also been reported in Afghanistan and Sri Lanka. However the majority of those in debt bondage are reported to be in India, Pakistan, Bangladesh and Nepal, despite the specific prohibition on such practices within the legal frameworks of these countries. Those who are trapped in debt bondage in South Asia are reportedly predominantly Dalits, persons of "low" caste, indigenous peoples or members of other minority groups.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 100
- Paragraph text
- Adult literacy or vocational training should also be provided for parents working within the mines so as to increase their access to better paid alternative livelihoods. Increased wages will also enable them to send their children to school.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 44d
- Paragraph text
- [Despite the efforts of various countries to eradicate and prevent debt bondage, there are still challenges in implementing adequate measures in this regard, including:] The limited access to justice and to effective remedies, which is often linked to the discrimination that bonded labourers suffer. Members of minority groups frequently continue to encounter discrimination, harassment and violence when seeking to access the justice system;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 32
- Paragraph text
- Poverty is one of the main reasons for children working in mines and quarries sector. In such cases, parents are unable to provide for their basic needs and require children to work in this sector in order to support the family income. Very often children work with their parents.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 54
- Paragraph text
- Poor living and working conditions have an impact on the health and safety of children. As a result of unsanitary living conditions, children often suffer from diseases such as tuberculosis and diarrhoea.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 52
- Paragraph text
- Given the complexity and span of supply chains, identifying and eradicating contemporary forms of slavery can be successful only if sustainable and effective multi-stakeholder partnerships and initiatives involving the authorities, businesses, trade unions, consumers and other stakeholders, each acting from their own areas of expertise to enforce mutually agreed goals, are formed. Such initiatives are frequently international in scope, given the breadth of transnational operations. Some focus on a single sector, industry or commodity, while others are cross-sectoral. Others focus on a single issue like child or forced labour, while many typically address a cross-section of labour and human rights issues alongside the environment and general principles of ethical business.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 53
- Paragraph text
- An example of good practice is the multi-stakeholder public-private platform Project Issara initiated by Anti-Slavery International to tackle modern slavery in South-East Asia, with an initial focus on forced labour in the export-oriented industries of Thailand that affect global supply chains. Another well-known example of a multi-stakeholder private-public initiative is the National Pact for the Eradication of Slave Labour in Brazil, which brings companies together to combat slave labour with the assistance of ILO, non-governmental organizations (including Repórter Brasil and Ethos) and support from the Government. Over 400 companies and trade associations had signed the pact as of May 2014, including large companies such as Walmart Brazil, committing not to do business with people and companies involved with slave labour.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 54
- Paragraph text
- Multi-stakeholder initiatives help to address questions of credibility and effectiveness that have surrounded business-only and corporate social responsibility strategies. They offer a more inclusive model as they involve various stakeholders and thus provide a long-term solution to addressing risks to contemporary forms of slavery in supply chains. Those multi-stakeholder platforms that are genuinely premised on social partnership and involve trade unions have the additional benefit that they can ensure collaboration across a number of initiatives including public-policy advocacy and grievance resolution.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 14
- Paragraph text
- The right to be free from slavery is a peremptory norm of international law from which no derogation is permitted and creates an erga omnes obligation on all States to protect this right. It is entrenched in the Slavery Convention of 1926 and has been incorporated into the Universal Declaration of Human Rights (art. 4), the International Covenant on Civil and Political Rights (art. 8 (1)) and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (art. 11 (1)).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Manifestations and causes of domestic servitude 2010, para. 37
- Paragraph text
- Children in domestic work will very often drop out of school because of their circumstances or the demands of their employer. This adds to their vulnerability to exploitation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 55
- Paragraph text
- Reporting on domestic slavery, the Council of Europe has highlighted the structurally similar case of women in arranged transnational marriages, also referred to as "mail-order brides". Faced with an unfamiliar partner and sociocultural context, such women can easily find themselves in situation of abuse, exploitation, and, in extreme cases, domestic and sexual servitude. Their visa status typically depends on the continuation of the arranged marriage for at least a certain number of years. In order to lessen dependencies, some countries have created a special legal residence status for divorced or separated migrant women who can prove that they were severely abused or exploited by their partner.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 36
- Paragraph text
- Domestic work is particularly hazardous for children, as the nature of the work typically requires long work hours, including night-time work. Children in domestic service are often expected to carry heavy loads or handle dangerous and toxic substances such as insecticides or bleach. Owing to their physical and social isolation, children engaged in live-in domestic work are at a particularly great risk of physical or sexual abuse or humiliating and degrading treatment. In most contexts, domestic work outside the family, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, and falls within the ambit of the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO Convention No. 182). No child, regardless of the child's age or "consent", must be engaged in one of the worst forms of child labour. 3
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 59
- Paragraph text
- Trafficking is one path into domestic servitude. International law defines trafficking as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Slavery, practices similar to slavery and servitude are among the worst forms of exploitation that can result from trafficking; the victim's "consent" to such exploitation is immaterial.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 98
- Paragraph text
- [Normative action at the international level reflects has long been a reflection of the indolence of many States to provide effective protection against domestic servitude at the national level. The Special Rapporteur therefore welcomes the fact that the ILO finally resolved to adopt a convention on decent standards for domestic work and hopes that recommendations contained in this report will be reflected in the Convention. The Special Rapporteur recommends that:] States cooperate within the ILO to ensure that the future convention on decent standards domestic work is based on the major human rights treaties and entails specific commitments to regulate all aspects of recruitment, placement and work, including with regard to migrant domestic work.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 65
- Paragraph text
- Gender discrimination marks the trajectory into domestic servitude. Families will often give preference to boys to continue their education, while girls are forced to drop out of school to help earn money for the family. Such patterns are reinforced where States fail to respect their obligation under the Convention on the Rights of the Child (art. 28) to provide free and compulsory primary education to girls and boys, while making secondary and higher education available and accessible. In some cultural contexts, there is a widespread belief that domestic work provides better training for becoming a wife and mother than formal education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Social & Cultural Rights
- Person(s) affected
- Boys
- Children
- Families
- Girls
- Year
- 2010
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 30
- Paragraph text
- The Committee on Economic Social and Cultural Rights has also considered children working in mines and quarries in countries such as China (E/C.12/1/Add.107, para. 23) and Zambia (E/C.12/1/Add.106, para. 25). Most recently, it considered mining in Madagascar. The Committee recommended that the State party: reinforce the legal framework to combat child labour and adopt all the necessary legal and judicial measures to eradicate this phenomenon; support and reinforce the role of the family as an essential element for the protection of children and combat against child labour; and take all necessary measures to implement effectively all policies against child labour, including through awareness-raising campaigns for the public on protection of children, strengthen preventive measures, and prosecute and punish those who are responsible (see E/C.12/MDG/CO/2).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 38
- Paragraph text
- The informality in which the artisanal mining and quarrying is performed makes it difficult for the authorities to control this sector, which allows for the use of children. Many existing laws on mining were established to regulate large-scale mining operations. These laws are inappropriate for small-scale and artisanal mining and quarrying whose owners have very little understanding of health, labour and safety regulations by which they are to abide. The mines and quarries are often in remote ungoverned areas of the country and have unskilled and non-unionized workers with little knowledge of their rights: this situation, compounded by the poverty in these remote areas, facilitates child slavery in this sector.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Manifestations and causes of domestic servitude 2010, para. 81
- Paragraph text
- The migrant domestic sector is particularly underregulated. Many countries have left the organization of this sector entirely to transnational recruitment agencies who are often more concerned with satisfying employers' needs than protecting the human rights of the human beings they recruit. In some cases, the authorities have not even put in place basic measures, such as a registration system that records which recruitment agency is bringing in which domestic worker and who that person ends up working for. Problems are often handled by immigration authorities, which lack the technical expertise to appropriately address them.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 82
- Paragraph text
- In recent years, sending and receiving countries have intensified their cooperation in concluding bilateral agreements or memoranda of understanding to regulate migrant domestic work and protect migrant. A bilateral agreement between Argentina and Peru, for instance, guarantees that migrant domestic workers receive the same treatment as nationals under labour law with respect to wages, working conditions and social security. Other agreements, however, are less progressive and fail to enshrine fundamental protections like guaranteed rest days or prohibition of arbitrary wage deductions. Moreover, there are often problems in the implementation of the undertakings made under these bilateral agreements.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 46
- Paragraph text
- Many children who work also come from groups that have been discriminated against and/or marginalized, for example, indigenous peoples, migrants or those given a certain social status such as caste. For example, countries may have a highly stratified society which in many communities dictates the kind of work one does. This means that a family from a particular stratum can only perform certain jobs. The lower you are in this stratified society the lower paid the jobs that one can perform. Consequently, one finds that many children who work are those from the lower strata. This makes them doubly vulnerable to abuses.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Persons on the move
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 71
- Paragraph text
- The overall majority of children who work in artisanal mining and quarrying are boys. However, the number of boys and girls working in mines varies from country to country. In countries like Philippines and the United Republic of Tanzania, the majority of children working in the mines are boys. Furthermore, in countries like the Plurinational State of Bolivia, Ecuador and Peru, as a result of cultural beliefs, girls are normally not allowed to enter mines or work outside the mines processing the ore and sifting the mineral from the slag (see E/C.12/MDG/CO/2). However, in Mongolia, the majority of children who work under the age of 13 are girls.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 73
- Paragraph text
- Girls, especially unaccompanied girls, working in and around the mines and quarries are vulnerable to rape and sexual exploitation. Sexual exploitation can start from the age of 9 but many of the girls involved are aged between 13 and 17 years. In some mining communities like those in Burkina Faso and Niger, it is believed that male child miners will have greater luck in the mining pits if they have sexual intercourse with a virgin or have unprotected sexual intercourse and do not wash before going underground (see E/C.12/MDG/CO/2). Child prostitution also occurs in the mining communities. For example, in Ghana, girls as young as 12 living in gold-mining communities are found in prostitution (ibid.). A United Nations Children's Fund (UNICEF) study on sexual exploitation of children around mines and quarries found four main types of exploitation: prostitution on a regular basis, occasional prostitution, companionship or temporary unions, and forced prostitution.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 77
- Paragraph text
- The Special Rapporteur highlights the following five challenges in eradicating child slavery in artisanal mining and quarrying.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 52
- Paragraph text
- Children working in the mines and quarries are vulnerable to physical, sexual, moral and social harm. Artisanal mining and quarrying is inherently informal and illegal -as either it costs too much to get the legal permit to mine or there is no need to get a permit as the law is not enforced. These "frontier communities" are riddled with violence, crime, trafficking in young girls and women for sexual exploitation, prostitution, drug and alcohol use (ibid.). There have been reports that children are given drugs so that they are able to fearlessly extract minerals underground or underwater. Children also take drugs and alcohol in the belief that it makes them stronger and as a result of peer pressure. The drug abuse (particularly amphetamines and marijuana) and alcohol (commercial and/or local brew) destroy their health and keep them in the vicious circle of poverty. Children who arrive alone to work in this sector are even more vulnerable to abuses (see A/HRC/18/30/Add.2).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Poverty
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Youth
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 86
- Paragraph text
- In order to influence market forces and encourage ethical demand of minerals, initiatives such as the Fairtrade and Fairmined Standard for Gold from Artisanal and Small-Scale Mining, including Associated Precious Metals have been started. This initiative is led by the Alliance for Responsible Mining and the world renown, Fairtrade Labelling Organisations International. This standard aims to promote, among other things, human rights, the elimination of children working in this sector, the formalization of artisanal and small-scale mining and traceability of the mineral produced. The standard is currently being used by artisanal and small-scale mining communities in Latin America and scoping studies are being done to check the feasibility of using the standard in Africa and Asia.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 88
- Paragraph text
- A multistakeholder approach at all levels is required to combat child slavery in the mining and quarrying sector. States, under the leadership of a high-ranking Government official, should establish a multistakeholder team, with Government officials from different ministries dealing with child slavery, representatives from civil society organizations (CSOs) and experts who can develop, coordinate, deliver and monitor well-resourced plans to eradicate child slavery in this sector. Such a multistakeholder approach should focus on the following: the enactment and enforcement of legislation prohibiting children working in the mining and quarrying sector; the establishment of policies and programmes to implement the law; compulsory primary education; poverty reduction programmes that include social protection programmes and alternative employment opportunities; and measures to address the overall welfare of the child.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Servile marriage 2012, para. 94
- Paragraph text
- Many communities believe that girls should marry and can never divorce because of cultural, religious and financial factors, among others. Consequently, families and communities resist change. In addition, there is an overwhelming belief that events within a family are private and should not be subject to outside interference. A wife who runs away is not permitted to return to her family and, if she does, she will be stigmatized for having left her husband, no matter how abusive the marriage. In some societies, it is believed that the husband has every right to discipline his wife and that there should be no interference in marital matters. The female spouse is often made to feel as thought she is at fault and must learn to be a better wife (i.e. more subservient).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Year
- 2012
Paragraph
Servile marriage 2012, para. 16
- Paragraph text
- From an early age, girls are brought up and viewed as commodities to be used to solidify family links and preserve honour, in addition to financial assets that can improve the family's economic status. Discriminatory attitudes within the family are reinforced in the community and throughout the girl's life. Complicity by other women in the family and the community strengthens the concept of women as property and embeds the perception that violence against female family members is to be tolerated and remedied privately within the family environment. From the beginning of the marriage, a spouse is treated not as an individual but as a commodity, given that his or her consent to the marriage is not required.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 41
- Paragraph text
- The Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially in women and children, concluded that there was a clear recognition in United Nations and regional agreements, as well as in national legislation, that many women and girls around the world lived under conditions where, owing to harmful patriarchal, traditional, customary and/or religious practices, they could not fully exercise their human rights to marry or refuse marriage; to full sexual autonomy; to refuse childbearing; to leave partners, including abusive partners, while retaining custody of their children, and to do so safely and without legal, economic, social, political and cultural repercussions (A/HRC/4/23, para. 38).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 88
- Paragraph text
- Women in servile marriage lack adequate protection in the light of their specific vulnerabilities arising from their gender, low social status and their age (if they are girls). Many countries lack laws criminalizing forced marriage or slavery-like practices that arise from servile marriage such as domestic servitude or marital rape, mainly because some abuses that occur in a marriage are often seen as domestic matters and outside interference is often frowned upon because it would be interference in the privacy of the home. Consequently, there is a tendency to deal with this form of slavery privately, outside the courts.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 90
- Paragraph text
- Some countries have abolished such legislation. For example, by Act No. 14 of 1999, Egypt abolished the pardon formerly granted to a perpetrator who married a kidnapped victim. In 2005, Brazil amended its Penal Code along the same lines.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 41
- Paragraph text
- It can also be difficult to identify victims of contemporary forms of slavery. Unlike child labour or dangerous working conditions, in which inspectors may identify victims by sight, it is difficult to identify victims of slavery without conducting extensive assessments. As most victims may not show visible signs of entrapment, authorities must ascertain whether they are being forced to work against their will. They must assess whether workers are employed under conditions to which they originally consented and whether there is the menace of penalty for leaving their employment. In some cases, a victim of slavery may be labouring alongside a freely employed worker. This requires authorities to have a much higher level of training, time and resources at their disposal.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 61
- Paragraph text
- Consumer-based initiatives and public awareness campaigns have also begun to focus on contemporary forms of slavery. The International Organization for Migration "Buy Responsibly" campaign looks at consumer products like cocoa, coffee, sugar and shrimp, and identifies how each of these can be linked to forced labour in global supply chains. The Slavery Footprint campaign personalizes modern-day slavery by asking consumers "how many slaves work for you?" It raises awareness about the effects of each person's consumption, including products such as electronics, food, apparel and other household items. Finally, the Free2Work application for mobile phones provides consumers with information about specific products and how they relate to modern-day slavery. It rates companies based on their anti-slavery commitments, assigning them a letter grade from "A" to "F" to inform consumers and promote ethical consumerism.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 63
- Paragraph text
- The identification of victims is greatly aided by strengthening the capacity of labour inspectorates and other public institutions, such as police and immigration authorities, and by raising the awareness of authorities regarding laws on contemporary forms of slavery and techniques for identifying victims. The creation of specialized units to identify victims is also crucial. In the Czech Republic, a special police department aimed at uncovering forced labour was established in April 2006. Brazil also offers an important and highly successful example of specialized training, with its mobile inspections unit comprised of representatives from across government enforcement agencies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 68d
- Paragraph text
- [Against this backdrop, the Special Rapporteur wishes to make the following recommendations to States:] In addition to adoption and effective enforcement of human rights and labour laws, such as those ensuring the right to freedom of peaceful assembly and association and providing for minimum labour standards, States bear a fundamental duty to address the preventive aspect of contemporary forms of slavery through tackling its root causes, including poverty, discrimination, stigmatization, inequality and social exclusion of groups most vulnerable to slavery and slavery-like practices, by adopting a human-rights based approach and incorporating a gender perspective;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 80
- Paragraph text
- Nevertheless, a series of good practices at international, regional, and country levels provide us with examples of the way forward. Among these are improvements to legislation, enforcement efforts, awareness-raising and prevention activities, and the identification, protection and rehabilitation of victims. The Special Rapporteur held follow up workshops in Brazil, Ecuador, Mauritania and Peru which resulted in action plans to implement her recommendations. Her recommendations included the need to include and strengthen these good practices and show the commitment and will of Governments to tackle slavery.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 82
- Paragraph text
- Slavery and slavery-like practices are often clandestine. The majority of those affected are from the poorest, most vulnerable and marginalized social groups in society such as indigenous and caste-based groups. In order to effectively eradicate such exploitation in all its forms, Governments and other stakeholders must address the root causes of poverty, social exclusion and all forms of discrimination. At the heart of these campaigns, poverty reduction, the promotion of the Millennium Development Goals, the protection of human dignity and the establishment of robust protections against human and labour rights abuses, including effective access to remedy, should guide national and international strategies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 69e
- Paragraph text
- [In relation to businesses, the Special Rapporteur recommends the following:] Businesses should provide for or cooperate in remediation by establishing or participating in an operational-level grievance mechanism, in accordance with the Guiding Principles on Business and Human Rights, and cooperate with State-based judicial and non-judicial grievance mechanisms. The approach adopted by businesses in providing for a timely and effective remedy should be community-based and inclusive of, for example, public and/or non-governmental service providers with expertise in working with victims of contemporary forms of slavery;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 39
- Paragraph text
- A lack of resources and low levels of awareness and understanding often manifest themselves in deficiencies in labour inspectorates and other public enforcement institutions, severely limiting Governments' ability to detect victims of contemporary forms of slavery. For example, one of the biggest factors impeding the ability of the Government of Guatemala to protect agricultural workers from exploitation is its deficient labour inspection system. Problems facing the Labour Inspectorate include a lack of staff and funding, the inability of inspectors to set fines and labour inspectors' fear of carrying out inspections in the agricultural sector due to high levels of violence in the country.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 22
- Paragraph text
- In Latin America, debt bondage mainly affects marginalized communities, including those impacted by poverty, indigenous peoples, those living in rural areas and persons of African descent. Victims of debt bondage are often recruited to work within their own locality or transported to areas where there are new commercial developments. They work in a range of industries, including production of charcoal and pig iron, timber processing and agriculture. Debt bondage has been reported in countries such as the Plurinational State of Bolivia, Guatemala and Peru, where there are high proportions of indigenous peoples.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 23
- Paragraph text
- Most of the bonded labour documented in these countries is of short duration and thus resembles the "neo-bondage" described above. Workers are usually bonded for a season; only in a few cases do they remain bonded for a longer period. The recruitment of workers is generally carried out through labour contractors or intermediaries who give workers advances and promise them decent remuneration and favourable labour conditions. Furthermore, the initial debts incurred by workers through the advances provided at the time of recruitment often continue to increase due to unexplained wage deductions or to credit used at stores run by employers to buy subsistence goods that are frequently sold at inflated prices. In some cases, the geographical isolation of labour sites and the fact that employers prevent any exchanges between workers and outside traders leaves workers with no alternatives. Children and women reportedly help their male family members in the performance of tasks or provide free domestic services to the landlord.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 44f
- Paragraph text
- [Despite the efforts of various countries to eradicate and prevent debt bondage, there are still challenges in implementing adequate measures in this regard, including:] Deficiencies in providing protection and assistance to promote the recovery and reintegration of bonded labourers, particularly as regards ensuring that bonded labourers get an alternative means of earning a living under decent working conditions that will prevent them from relapsing into bondage. Furthermore, challenges remain regarding their access to recovery and reintegration programmes, particularly due to the fact that persons in debt bondage often do not have legal documents and due to the lack of adequate measures to ensure that such documents are obtained promptly;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 44h
- Paragraph text
- [Despite the efforts of various countries to eradicate and prevent debt bondage, there are still challenges in implementing adequate measures in this regard, including:] Corruption, which has reduced the effectiveness of the identification, release and recovery of bonded labourers in some countries where debt bondage is prevalent. In some cases, the authorities are influenced by pressure from employers who occupy powerful positions in the community or belong to social elites. In that context, when employers are prosecuted they may be charged with infringing more lenient laws rather than the laws on debt bondage.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 45
- Paragraph text
- Debt bondage is a complex and multidimensional form of contemporary slavery that impacts on individuals across the world. In order to be effective in eradicating and preventing debt bondage, Governments must develop comprehensive and integrated programmes of action based upon international human rights standards, as well as on the views of those affected. Such approaches must be multifaceted and include legislative and policy measures that are effective in eradicating debt bondage and preventing such abuse, by decreasing individual vulnerability and further developing the legal and institutional framework. The vision of the Special Rapporteur for such an integrated, human rights-based approach is outlined below.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 46
- Paragraph text
- The enactment of laws that prohibit debt bondage and adequately punish perpetrators is essential as a first step towards the eradication and prevention of this phenomenon. Such laws need to be actively enforced, along with those that are relevant to the prevention and eradication of debt bondage, including those related to regulation of recruitment agencies, the right to organize and the payment of wages. The necessary resources must be allocated to assure full implementation of the laws at all levels of government. Effective administrative institutional structures and processes must be in place to implement legislation on debt bondage. As part of such implementation efforts, enforcement officials and other State officials should be sensitized and trained in regard to relevant laws on debt bondage and the rights of victims.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 47
- Paragraph text
- Alongside such legislation, Governments should take all possible steps to prevent and address discrimination, as a key preventative strategy against debt bondage. Anti-discrimination legislation should be in place, and programmes that reduce vulnerability to exploitation should be targeted to populations commonly affected by debt bondage. Within such efforts, specific attention should be paid to removing barriers to access to education among children from vulnerable groups. In addition, addressing gender inequalities in society at large will help to reduce the number of women in debt bondage. Ensuring that women are given the same opportunities as men and that they enjoy equal rights at work is a key step in preventing them from becoming trapped in situations of debt bondage.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Men
- Women
- Year
- 2016
Paragraph
Priorities of the new mandate holder 2014, para. 24
- Paragraph text
- Another area of focus for the Special Rapporteur is the role of business, in particular transnational corporations, in promoting and using forced labour in global supply chains. Recent estimates suggest that the total profits obtained from the use of forced labour in the private economy worldwide amount to US$ 150 billion per year. Victims of forced labour exploitation, including in domestic work, agriculture and other economic activities, such as construction, manufacturing, mining or utilities, generate an estimated US$ 51 billion in profits per year.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 62
- Paragraph text
- To mine underwater, children dive into open muddy wells, which are normally 2 metres wide and 7 metres deep. Wearing crude eye masks which inhibit their vision and with the aid of oxygen from a compressor, the children extract soil in the hope that it contains gold. The children work for 3-5 hours underwater in a squatting position anchoring themselves with their elbows or knees. They face the risk of asphyxiation and suffocation underwater. This type of mining has been reported in places like Philippines (see E/C.12/MDG/CO/2).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 80
- Paragraph text
- Third, geographical challenges also contribute to the lack of proper enforcement of the law and Government programmes. Mines and quarries are usually found in remote, hard-to-access areas of the country. Those who live in remote areas establish "frontier communities". In some instances, Governments refer to difficulties in accessing these areas owing to internal armed conflict, organized crime or poor transport infrastructure. Remoteness also contributes to lawlessness in these communities, as perpetrators of violence and exploitation know that they are not within the reach of the law.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 82
- Paragraph text
- Lastly, unregulated artisanal mines and quarries pose serious medium- and long-term risks to food security and the environment. They are the cause of rapid deforestation, destruction of landscape, soil erosion and loss of biodiversity. Water, soil and air contamination occur as a result of: cyanide and mercury poisoning; direct dumping of tailings and effluents into rivers; river siltation; and river damage in alluvial areas. Children drinking, cooking and washing in contaminated water face immediate and long-term risks to their health.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Water & Sanitation
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 43
- Paragraph text
- The State's ability to enforce the law can also be weak in remote and isolated areas. In the Plurinational State of Bolivia, for example, the State had a weak presence in the Chaco region, resulting in a failure to comply with ILO Convention No. 29. In Peru, research indicates that the Government's capacity to enforce labour and criminal law in protected and remote areas is limited by the danger and costliness of entering them. Owing to a fear of heavily armed groups operating illegally, the authorities are not able to enter protected areas unless they are provided with military support.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 53
- Paragraph text
- Some countries have developed national strategies or action plans against contemporary forms of slavery. These initiatives can take various forms, including high-level interministerial commissions or new departments within existing government agencies. During her missions, the Special Rapporteur has encouraged countries to develop national action plans that incorporate country-level efforts into wider regional and international initiatives, which should be adapted to each country's context, and incorporate all relevant stakeholders. In-country research in Peru indicates that the Ministry of Labour's new National Plan to Combat Forced Labour for 2013-2017 includes many of these elements, as well as a number of other advances. This new plan includes improved definitions of forced labour; explicit acknowledgement of forced labour in the country; a baseline study to address a lack of statistics; pilot interventions to combat forced labour; and strategic, progressive and measurable goals. In Brazil, the National Commission for the Eradication of Slave Labour was established in 2003 to bring representatives of the legislative, executive and judiciary branches of the Government of Brazil together with representatives of the United Nations and civil society to combat contemporary forms of slavery. This well-funded, permanent Commission, which is responsible for developing national plans to combat slavery and carrying out national awareness-raising campaigns, has been considered a leading example of successful efforts to combat slavery.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Servile marriage 2012, para. 13
- Paragraph text
- Under the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, all forms of forced marriage are defined as practices similar to slavery, which reduce a spouse to a person over whom any or all of the powers attaching to the right of ownership are exercised. International law has further reiterated and reinforced the provisions within the Convention that prohibit forced and early marriages. Over the years, however, the idea that forced and early marriages are forms of slavery and, therefore, servile marriage has been lost.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2012
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 9
- Paragraph text
- Debt bondage occurs worldwide and is not confined to any one country or region and it occurs across various sectors of the economy. A global trend can be seen whereby vulnerable people, including those belonging to minority groups, indigenous people, women, children, people determined as being of low caste, and migrant workers, are disproportionately impacted by debt bondage. As will be discussed below, many victims of debt bondage face multiple and intersecting sources of discrimination which make them vulnerable to exploitation and abuse.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2016
Paragraph
Servile marriage 2012, para. 51
- Paragraph text
- In some cases, the parents force a bride into a servile marriage to improve their economic situation or to pay off the family's debts. A poor, rural family is more likely to force a female member into marriage for financial reasons rather than for cultural and religious reasons. The payment may be made in cash or in kind to the woman's family, guardian or any other person or group. In such instances, the bride's family forces her to remain in a servile marriage because returning to her home would mean that her family would have to repay the bride price to her husband or her husband's family.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 84
- Paragraph text
- The Committee on the Elimination of Discrimination against Women, in its general recommendation No. 19 recognizes forced marriages as a form of violence against women. In addition, the Convention on the Rights of the Child call for States parties to protect children from physical, mental and sexual abuse and exploitation through legislation and other social and educational measures. The obligation to protect children from violence includes protection from parents and caregivers. Article 34 of the Convention requires that States parties protect children from sexual exploitation and abuse.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Families
- Women
- Year
- 2012
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 30
- Paragraph text
- Exploitation of migrant workers via debt bondage has also reportedly been seen in South-East Asia. In Thailand, migrant workers, primarily from neighbouring countries including Cambodia, the Lao People's Democratic Republic and Myanmar, are reported to have been subjected to deceptive recruitment practices that can lead to cases of debt bondage. Workers are often lured to work on fishing boats free of charge and once they start working are charged for the costs of recruitment and the travel expenses, with high interest rates.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 57
- Paragraph text
- Prior to that, principle 22 in the second pillar states that where businesses identify that they have caused or contributed to adverse human rights impacts, they should provide for or cooperate in their remediation through legitimate processes. Where businesses have not caused or contributed to harm but it is directly linked to their operations, products or services by a business relationship, they are encouraged to take a role in providing remediation. In terms of operational principles under the third pillar, the Guiding Principles on Business and Human Rights, call on companies to establish or to participate in effective operational-level grievance mechanisms for those adversely impacted by them, so that grievances can be addressed early and remediated directly (principle 29). Such mechanisms are typically administered by enterprises, alone or in collaboration with other relevant stakeholders. They can be important complements to wider stakeholder engagement and collective bargaining processes, but cannot substitute for either, and can also make it possible to prevent harm from compounding or escalating. To ensure their effectiveness, the Guiding Principles on Business and Human Rights state that the operational-level grievance mechanisms should be legitimate, accessible, predictable, equitable, transparent, rights-compatible, a source of continuous learning, and based on engagement and dialogue (principle 31). There are already some good practice examples of operational-level grievance mechanisms.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 25
- Paragraph text
- Despite the various measures taken to eradicate the worst forms of child labour from the carpet industry, these forms were reported to continue to exist in handmade carpet production units in South Asia, in which carpets are produced for export mainly to the United States of America. Various studies have reported the existence of contemporary forms of slavery and labour exploitation in the construction industry and forced labour in the manufacturing of electronic goods has also been the subject of recent research.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Violence
- Year
- 2015
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 35
- Paragraph text
- Although international law requires that primary education is free and compulsory, very often parents still have to pay for school equipment such as uniforms, books and stationery. Such additional costs make it unaffordable for parents to send their children to school. Additionally, mechanisms are often not in place to enforce the compulsory primary education requirements. Due to lack of childcare facilities or schools in the area of the mines and quarries, parents, often mothers, end up taking their children to work.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/72/139
Document
Impact of the coronavirus disease pandemic on contemporary forms of slavery and slavery-like practices
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/HRC/45/8
Document
Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/73/139
Document
Role of organized criminal groups with regard to contemporary forms of slavery
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/76/170
Document
Nexus between displacement and contemporary forms of slavery
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/48/52
Document
Contemporary forms of slavery in the informal economy
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/77/163
Document
Contemporary forms of slavery, including its causes and consequences
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/75/166
Document
Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/36/43
Document
The use of technology in facilitating and preventing contemporary forms of slavery
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2023
- Document code
- A/78/161
Document
Child slavery
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/74/179
Document
Thematic report on current and emerging forms of slavery
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/42/44
Document
Impact of slavery and servitude on marginalized migrant women workers in the global domestic economy
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/HRC/39/52
Document
Contemporary forms of slavery affecting persons belonging to ethnic, religious and linguistic minority communities
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/HRC/51/26
Document
Homelessness as a cause and consequence of contemporary forms of slavery
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2023
- Document code
- A/HRC/54/30
Document
Challenges and lessons in combating contemporary forms of slavery 2013, para. 96
- Paragraph text
- Companies should engage with other actors across their industries and sectors; advocate for global action on contemporary forms of slavery both unilaterally and through membership or multi-stakeholder organizations; adopt codes of conduct and other corporate policies that explicitly prohibit forced labour and contemporary slavery; ensure that these policies are integrated throughout the company's management and performance systems; train all relevant staff, suppliers and other business partners on contemporary forms of slavery, and ensure that actions are taken beyond the first tier of the supply chain, where risks are greatest; and carry out risks assessments, audits and other forms of due diligence to determine, identify and root out any potential risk of exploitation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Priorities of the new mandate holder 2014, para. 27
- Paragraph text
- It is essential to ensure standardized disaggregated data collection (with due regard to individuals' rights to privacy and data protection) and the strengthening of national legislative frameworks to ensure that violations of human and labour rights resulting in slavery are effectively monitored and swiftly eradicated through strict legal, judicial and institutional enforcement of measures, with appropriate rehabilitation and remedies. In addition, the early identification and prevention of forced labour through the cooperation of multiple stakeholders, including governments, civil society organizations, the private sector, trade unions and consumers, are critical.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 56
- Paragraph text
- States have a duty under international human rights law to ensure the right to a remedy, including equal and effective access to justice and adequate, effective and prompt reparations for human rights violations. For victims of gross violations of international human rights law, such as slavery and slavery-like practices, full and effective reparation may take the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. In the third pillar of the Guiding Principles on Business and Human Rights, clear guidance is set out on "access to remedy", delineating respective roles for both States and business.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 58
- Paragraph text
- As part of its duty to protect against business-related human rights abuses, the State is required to take appropriate steps to ensure that those affected have access to effective remedy when abuses occur within their territory and/or jurisdiction and to reduce barriers that could lead to a denial of this access. In the Guiding Principles on Business and Human Rights, it is indicated that this is to be achieved primarily through State-based judicial mechanisms and non-judicial grievance mechanisms, which are complementary in nature (principles 25-27). States are also encouraged to consider ways to facilitate access to effective non-State based grievance mechanisms that can have the benefit of reduced costs, increased speed of access and transnational reach, where States may be more limited. These may be non-judicial business, industry or multi-stakeholder mechanisms; or they may be regional or international human rights bodies (see principle 28).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 32
- Paragraph text
- In the context of transparency, the most often cited legislation is the California Transparency in Supply Chains Act of 2010, which came into effect on 1 January 2012. Under the Act, all retailers and manufacturers with annual global revenues of over US$100 million doing business in California, whether or not they have their headquarters there, are required to disclose their efforts to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale. While an important development, the law is judged to be insufficient because it only requires companies to report on what, if anything, they are doing to address contemporary forms of slavery, using five specific categories: verification, auditing, certification, internal accountability and training, and no specific preventive actions need to be taken nor does it call to improve conditions for those vulnerable to abuse in the supply chain.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 33
- Paragraph text
- In 2014, the draft Business Supply Chain Transparency on Trafficking and Slavery Act of 2014 was introduced into the United States Congress. The Act, not yet adopted, contains, inter alia, reporting requirements for businesses relating to the disclosure of conditions amounting to forced labour, slavery, human trafficking and the worst forms of child labour in supply chains. At the time of writing the present report, a draft law on business human rights due diligence in supply chains was pending before the Senate in France, after having been adopted by the National Assembly in the first reading in March 2015.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 16
- Paragraph text
- While in the Slavery Convention reference is made to forced labour and States are called on to take all necessary measures to prevent compulsory or forced labour from developing into conditions analogous to slavery (art. 5), forced labour was not defined until the ILO Forced Labour Convention, 1930 (No. 29). The right not to be subjected to forced labour is now enshrined in a number of other international instruments, including in the ILO Abolition of Forced Labour Convention, 1957 (No. 105), the International Covenant on Civil and Political Rights (art. 8 (3)) and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (art. 11 (1)). In the ILO Declaration on Fundamental Principles and Rights at Work (1998), the elimination of all forms of forced or compulsory labour and the effective abolition of child labour is required.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 18
- Paragraph text
- At the regional level, States' obligation to eradicate contemporary forms of slavery is enshrined in a number of human rights instruments. Under article 4 of the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, slavery, forced labour and servitude are prohibited. In article 5 of the African Charter on Human and Peoples' Rights, it is stated that, inter alia, slavery and slave trade shall be prohibited. The African Charter on the Rights and Welfare of the Child, in its article 15, enshrines the protection of children from all forms of economic exploitation and from performing any hazardous work. Slavery, involuntary servitude, slave trade and traffic in women, as well as forced labour, are prohibited under the American Convention on Human Rights (art. 6). In article 10 of the Arab Charter on Human Rights all forms of slavery, servitude and forced labour are prohibited.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 21
- Paragraph text
- Although more research into the scope and prevalence of contemporary forms of slavery is required, various small-scale studies (for example, on the garment, conflict mineral, seafood, sporting goods, handmade carpet and tea industries) show that products from the informal sector enter global supply chains and are also part of domestic economies in the developing world, often in the most labour-intensive sectors. Human rights violations in the sourcing of conflict minerals, for example, have received much attention, but more research is required to identify the scope and prevalence of contemporary forms of slavery in supply chains of specific commodities and particular sectors. The sectors mentioned in the present report are therefore not meant to be a comprehensive list, but an indication of where contemporary forms of slavery have been reported to occur.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 40
- Paragraph text
- In the Universal Declaration of Human Rights, every individual and every organ of society is required to strive to contribute to the universal and effective recognition and observance of human rights for all. While it is commonly accepted that under international human rights law businesses have a responsibility to respect human rights, there is as yet no international legal duty for them to protect human rights. Human rights due diligence, i.e. a continuous process of identifying and addressing the human rights impact of a company across its operations and products, and throughout its supplier and business partner networks, is therefore the primary standard used to assess business compliance with its human rights responsibilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 42
- Paragraph text
- In order to meet their responsibility to respect human rights, businesses need to, as per principle 16, adopt human rights policy statements, the criteria for which are set out in this principle. The responsibility to respect also requires ongoing human rights due diligence to identify, prevent, mitigate and account for human rights impacts (principles 17-21). The Guiding Principles on Business and Human Rights also state that, where businesses identify that they have caused or contributed to adverse human rights impacts, they should have processes in place to enable remediation (principle 15).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 43
- Paragraph text
- The Guiding Principles on Business and Human Rights provide conceptual and operational clarity for the two human rights principles of the Global Compact Initiative, a broad-based multi-stakeholder initiative addressed to business, launched in 2000. The Global Compact brings together Governments, employers, civil society groups and trade unions, as well as other stakeholders, on the basis of 10 universally accepted principles of human rights, labour, environment and the fight against corruption. The principles are drawn from key United Nations and ILO standards, with contemporary forms of slavery figuring prominently among the categories of human rights and labour rights (principles 1, 2, 4 and 5). Since the Global Compact's launch, more than 12,000 participants, including over 8,000 businesses from 145 countries, have joined. The high number of the initiative's participants is commendable, but the most obvious gap of Global Compact is in terms of a follow-up mechanism for monitoring and implementation, since businesses need only to communicate annually on progress made in implementing the 10 principles.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 51
- Paragraph text
- Certification has arisen as another key approach from increased consumer, trade union and other civil society awareness. The most well-known is the Fairtrade Mark, which can be found on a wide range of products - over 27,000 - and certifies that those products meet internationally agreed Fairtrade Standards, including those relating to child labour and labour rights. In another example, the GoodWeave certification label provides assurance that no child labour was used in the manufacture of rugs.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Priorities of the new mandate holder 2014, para. 23
- Paragraph text
- In addition to children in domestic servitude and other forms of slavery, the Special Rapporteur is concerned about the uneven implementation, and in some areas retrogression, of the human rights of women as guaranteed under international law, including the Convention on the Elimination of All Forms of Discrimination against Women. Women are disproportionately affected by forced labour. Of the estimated 21 million people in situations of forced labour, 11.4 million (55 per cent) are women and girls.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
Paragraph
Manifestations and causes of domestic servitude 2010, para. 62
- Paragraph text
- Domestic servitude does not emerge in a vacuum but is linked to wider patterns of social and economic exclusion, discrimination and, most importantly, a lack of State protection.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 93
- Paragraph text
- [The criminalization of all forms of slavery and servitude, in line with States' international obligations, is one aspect of an effective response. At the same time, the issue is embedded in the wider challenge to ensure that domestic workers are finally provided with equal protection of their labour rights. Combating domestic servitude and protecting domestic workers' rights are two sides of the same coin. The Special Rapporteur recommends that States:] Adopt specific provisions to criminalize servitude in all its forms and manifestations, including bonded labour, child and forced marriages and other so-called "cultural" practices; prosecute and punish perpetrators with due diligence and ensure that victims can obtain reparation for material and immaterial loss from perpetrators.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 93
- Paragraph text
- [The criminalization of all forms of slavery and servitude, in line with States' international obligations, is one aspect of an effective response. At the same time, the issue is embedded in the wider challenge to ensure that domestic workers are finally provided with equal protection of their labour rights. Combating domestic servitude and protecting domestic workers' rights are two sides of the same coin. The Special Rapporteur recommends that States:] Put in place effective and accessible information and complaints mechanisms for victims of domestic servitude, domestic workers and other community members (e.g. telephone hotlines with operators speaking relevant languages). Instruct immigration and other relevant authorities to refer cases of suspected domestic servitude to the police and the labour authorities. Provide all victims of domestic servitude with adequate and unconditional assistance to protect, rehabilitate and reintegrate them, including by funding relevant non-governmental organizations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 80
- Paragraph text
- The implementation and enforcement of applicable laws and contracts is often undermined because domestic workers are not adequately informed of their rights and obligations. By the same token, many employers are not sensitized thereon and it is left to their individual moral judgement to determine what constitutes fair treatment. Unions may find it difficult to organize domestic workers since they are dispersed and often hard to access if they live with their employers. In some cases, domestic workers are even prohibited from forming or joining trade unions, which constitutes a violation of the right to freedom of association and the prohibition of discrimination. These obstacles notwithstanding, non-governmental organizations and domestic worker self-help groups have taken up tasks that are the responsibility of the Government: setting up points of information in places where domestic workers are accessible (e.g. shopping malls or water-drawing points) or providing shelter for workers fleeing abuse or exploitation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 98
- Paragraph text
- [Normative action at the international level reflects has long been a reflection of the indolence of many States to provide effective protection against domestic servitude at the national level. The Special Rapporteur therefore welcomes the fact that the ILO finally resolved to adopt a convention on decent standards for domestic work and hopes that recommendations contained in this report will be reflected in the Convention. The Special Rapporteur recommends that:] States should consider ratifying ILO Convention on the Worst Forms of Child Labour (No. 182) and the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and withdraw reservations excluding domestic workers from the scope of application of conventions to which they are a state party.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 98
- Paragraph text
- [Normative action at the international level reflects has long been a reflection of the indolence of many States to provide effective protection against domestic servitude at the national level. The Special Rapporteur therefore welcomes the fact that the ILO finally resolved to adopt a convention on decent standards for domestic work and hopes that recommendations contained in this report will be reflected in the Convention. The Special Rapporteur recommends that:] Treaty bodies should attribute particular attention to all forms of domestic servitude when considering state party reports.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 11
- Paragraph text
- Children working in this sector face particular, and in some cases a combination of, physical, psychological, economic and sexual exploitation not found in other areas where children work. This is prohibited by article 1 (d) of the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery which forbids "any institution or practice whereby a child or young person under the age of 18 years, is delivered by either or both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the exploitation of the child or young person or of his labour". The impact of these forms of abuses is not only immediate but has long-term harmful repercussions on the children.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 16
- Paragraph text
- Small-scale mining and quarrying occurs in Africa, Asia, Latin America and Europe. As a result of the remoteness of mines and quarries and their informal and illegal nature, it is hard to provide exact statistics on the number of children working in this sector. Additionally, as in many other instances of contemporary forms of slavery, the victims are not visible. The International Labour Organization (ILO) estimates that there are at least 1 million children working in mining and quarrying whereas, the United Nations Environment Programme (UNEP) estimates that there are 1-2 million children working in artisanal small-scale mining alone. Although estimates of the number of children working in this sector may vary, what is clear is that the numbers are likely to increase as a result of higher prices and demand for minerals from the Organization for Economic Cooperation and Development countries and emerging economies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 19
- Paragraph text
- This report will demonstrate that the work carried out by children in the mining and quarrying sector, by its very nature and the conditions in which it is performed, qualifies as a contemporary form of slavery due to the debt bondage, forced labour and economic exploitation of the child and particularly so with regard to unaccompanied children working in artisanal mining and quarries. For instance, employers yield complete physical and psychological power and control over the children, they are completely and severely dependent on their employer for their basic needs, unable to leave their place of work due to fear of reprisals against themselves or their families and work in physically and socially isolated and remote areas where they are not able to report abuses or access justice.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Manifestations and causes of domestic servitude 2010, para. 51
- Paragraph text
- Physical and psychological abuses reinforce dependency and, in extreme cases, become the very cause of domestic servitude (rather than a mere consequence). A domestic worker may, for instance, be subjected to abuse so severe that a psychological dependency on the perpetrator ensues (a phenomenon known as the "battered women syndrome" in the domestic violence context). The victim may be systematically beaten, insulted, humiliated and belittled to force her to submit to excessive working hours, unpaid overtime on rest days, etc.. Such abuse can reinforce other patterns of learned submission based on caste, ethnic or gender discrimination. Sexual violence, ranging from sexual harassment to repeated rape or the threat of trafficking into forced prostitution, is also employed as a tool of subjugation. The Special Rapporteur also received numerous reports of domestic workers being threatened with denunciation for crimes they did not commit if they complained about exploitative working conditions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 53
- Paragraph text
- Working in "frontier communities" or in remote mines, children are often subject to moral turpitude. They are continuously exposed to physical violence from adult miners and their employers. Children are also at risk of sexual violence such as rape and other forms of sexual abuse. In some cases, children are also forced into prostitution. This has a huge impact on the child's mental well-being and exposes the child to HIV and sexually transmitted infections (STIs). Without any proper guardianship, unaccompanied children fall easily prey to alcohol and drug addictions, which further perpetuate their poverty (ibid.).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 55
- Paragraph text
- Children working in mines are physically and economically exploited, as they are required to spend long hours in poorly lit and ventilated underground mines for little or no payment. When they are paid, children performing the same tasks as adults are paid less than adults. These makeshift mines may run to over 80 metres underground and, in some instances, can only accommodate the width of children who crawl to excavate the ore. Children also set explosives to blast rock underground and carry heavy loads of ore to the surface. Children who do not work inside a mine may be found digging for long hours in rivers beds, shifting through sand or silt and then carrying heavy loads of mud on their heads or backs for further processing. The long hours working outside, without proper clothing or shelter results in exposure to extreme heat, cold, dryness and moisture.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 58
- Paragraph text
- Children work without any training, safety equipment or protection. They are exposed to heat, noise, toxic metals and hazardous chemicals such as mercury and cyanide. Mercury is used in the extraction of gold in artisanal mining areas. As children are sometimes regarded as less suitable to labour intensive work, they are often given work in mercury amalgamation. As children do not wear any protective equipment, they absorb mercury through their hands and inhale it when it burns. The mercury impacts on: the nervous system of the child resulting in uncontrollable tremors - particularly in the face; their emotional well-being as they become prone to mood swings and irritability; their neuromuscular system leading to muscle atrophy, twitching, headaches and changes in nerve responses; and their cognitive functions are impaired. If exposed to higher levels of mercury, this affects the kidneys and can result in respiratory failure and death. Mercury has been found in the bodies of children working in artisanal gold mines in the Plurinational State of Bolivia, Ecuador, Indonesia, Peru, the United Republic of Tanzania and Zimbabwe.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Servile marriage 2012, para. 92
- Paragraph text
- In some cases, although laws may be in place to protect women and girls from servile marriage, the authorities fail to prosecute the perpetrators. Consequently, victims do not seek help from the police or judiciary as they fear further abuse from Government authorities or being forcibly returned to their husbands. According to a 2008 report by the United Nations Development Fund for Women, between 70 and 80 per cent of Afghan marriages are forced, and 57 per cent are child marriages where one of the spouses is under the age of 16 years. In 2009, Afghanistan enacted legislation on the elimination of violence against women, in order to criminalize servile marriage and ensure that perpetrators were brought to justice. The law does not, however, address how authorities should treat a woman who runs away to escape the offences criminalized under the law. Consequently, girls and women who flee servile marriage are arrested and often convicted of intent to have sex outside marriage.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 61
- Paragraph text
- There are several practices in which girls are forced into marriage under the guise of religious rites. For example, the Committee on the Elimination of Racial Discrimination has noted the existence in India of devadasi, whereby a girl, usually a Dalit, is forced to marry a deity and forced to have sex with members of the temple (CERD/C/IND/CO/19, para. 18). The Committee on the Rights of the Child and the Committee on the Elimination of Racial Discrimination have addressed the deuki system in Nepal, under which girls may be offered to deities by their families or by wealthy people who buy girls from their parents to be granted wishes or heavenly favours. The girl is then called a deuki and engages in prostitution (CRC/C/15/Add.261, para. 67, and CEDAW/C/NPL/CO/4-5, para. 17).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Girls
- Year
- 2012
Paragraph
Servile marriage 2012, para. 62
- Paragraph text
- Other forms of ritual slavery in which a girl is given to a shrine and married to the gods are practised in parts of West Africa. The girl is enslaved to atone for the real or alleged sins of a male relative. There is a belief that gods often punish a person's sin by causing the deaths of family members until the sin is pardoned. Until the early eighteenth century, livestock or other gifts were given to the priests in atonement. As girls could be used as domestic help and as sexual partners, priests began taking young virgins as reparation instead. A girl is expected to serve a priest for a certain period, depending upon the severity of the crime and the policy of the shrine. The girl's family can redeem her after that period, but the priest demands a high price. If the priest dies, the girl becomes the property of his successor. If the girl dies without her family redeeming her, her family is obligated to replace her with another virgin, meaning that the cycle can continue for generations. Enslaved girls and women are forced to live in inhumane conditions. They are expected to work in the fields and the local market and also provide sexual services to the priests. They are beaten into submission if they resist (E/CN.4/2002/83, para. 42).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 63
- Paragraph text
- As with domestic violence, it is difficult to obtain accurate figures of the numbers of girls and women in servile marriage. Statistics for early marriage, however, can be used as an indication. According to UNICEF, adolescent marriages (where one or both spouses are below the age of 19 years) commonly occur in South Asia and sub-Saharan Africa. In those regions, most marriages take place between the ages of 15 and 18 years. UNICEF suggests that early marriages are often considered to be a way to protect girls, and even sometimes boys, from sexual predation, promiscuity and social ostracism. In some communities, parents perceive girls as wealth.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Adolescents
- Boys
- Girls
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 85
- Paragraph text
- Domestic violence includes physical and sexual violence, and may be committed by the wife's spouse, in-laws or other family members. According to UNICEF, women and girls who marry while aged under 18 years are less educated, more likely to experience domestic violence and believe that their husbands are fully justified in beating them than their peers who marry later. In Kenya, 36 per cent of girls who married while aged under 18 years believed that a man was sometimes justified in beating his wife, compared to 20 per cent of married women. Girls are also less likely to participate in discussions concerning family planning.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 66
- Paragraph text
- The sale of wives, a practice by which a woman is forced to marry several times so that her family acquires money or property, has been reported in Europe, Asia and Latin America (E/CN.4/2002/83, para. 59).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- Families
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 68
- Paragraph text
- Upon the recommendation of the Commission on Human Rights, a report on abolishing slavery and its contemporary forms was published in 2002 by the Office of the United Nations High Commissioner for Human Rights. In the report, it is stated that women who leave their families to marry a man in a foreign country that they have not previously visited are vulnerable to a wide range of forms of exploitation prohibited by existing international standards. The involvement of commercial agents in organizing marriages does not in itself appear to be unacceptable, but if the agent makes payments to the bride's parents or others, the arrangement would come close to infringing the prohibition on the sale of women for marriage in the Supplementary Slavery Convention. As brides in a foreign country, the women's vulnerability is increased by the fact that they have no family or friends to support them if they require assistance. In addition, in some countries obtaining the right to residency as a spouse is a long, drawn-out process that may take years. A wife who leaves her husband is unable to seek assistance for fear of deportation or imprisonment.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 17
- Paragraph text
- In September 2008, the Government of Nepal officially liberated all Haliyas and pardoned their debts to landowners. However, in 2010, the Asia Human Rights Commission reported that most Haliyas were still working for their landlords, despite formal liberation. It is very difficult for former Haliyas to integrate into the labour force as they have little to no education or technical skills and 97 per cent do not own land. Approximately 150,000 people were estimated to be affected by the Haliya system in 2010. All Haliyas are male because females are not allowed to plough and cannot get loans to own land of their own. However, women still assist their husbands' landlords by collecting food for the animals or carrying manure to the farms. Children of Haliyas are often involved in the work as cattle herders, and therefore miss out on educational opportunities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 110
- Paragraph text
- Governments should provide employers with information about affordable and alternative methods by which to reduce the adverse environmental impact on water, soil and air. This would benefit the health of the children living around the mines and quarries. Governments should also provide incentives for employers who meet environmental safety standards and work with United Nations agencies such as UNEP and the Global Mercury Project which was set up by the United Nations Development Programme (UNDP), the United Nations Industrial Development Organization (UNIDO) and the Global Environment Facility, which already have experience in mitigating the environmental impact of gold-mining.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 76
- Paragraph text
- Consumer countries and countries in which companies are headquartered have also taken action to prevent contemporary forms of slavery. In the United States, the California Transparency in Supply Chains Act, which took effect on 1 January 2012, states that human trafficking and forced labour are state, federal and international crimes. The Act requires that all retailers and manufacturers with annual worldwide revenues in excess of USD 100 million disclose information about their efforts to eradicate contemporary forms of slavery from their supply chains so that consumers' purchasing decisions can be better informed. These disclosures must be posted on the companies' websites and include information about efforts to eradicate slavery from their supply chains, including verification, supplier audits, certifications, accountability standards and training. Failure to disclose this information by 30 November 2012 could allow for legal actions brought by the Attorney General of California.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 20
- Paragraph text
- Another vulnerable group of workers are Pallaris, women who work outside the mines separating out minerals from piles of dirt. Interviews with in-country labour experts indicate that Pallaris generally lack formal work contracts, are paid at piece rates set by mineral brokers and must obtain authorization from the mine owners or administrators to work outside the mines. This authorization can be rescinded at any time, which makes Pallaris extremely vulnerable. Sometimes Pallaris are forced to provide sexual favours or do additional work to obtain or maintain their authorization. Children often work alongside their mothers or in the gold mines themselves. Children as young as 8 have been known to work underground with their fathers, small children are often sent down small mine shafts, and children are made to carry extremely heavy loads and exposed to toxic chemicals in gold extraction and processing.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 22
- Paragraph text
- Malaysia is currently the world's second largest producer of palm oil. According to a recent report, in order for Malaysia to "meet the growing global demand for cheaply produced palm oil, some producers are relying on forced labor and other forms of modern slavery". Agricultural work is not an attractive form of employment for the majority of Malaysians. Therefore, men, women, and children - primarily from Indonesia and Philippines - migrate to Malaysia in order to work on these plantations. Many of these workers are undocumented, poor and isolated, making them extremely vulnerable to contemporary forms of slavery. The Secretary General of Indonesia's Commission for Child Protection reported that tens of thousands of Indonesian migrant workers and their children had been "systematically enslaved" on Malaysian plantations. The number of Indonesian children in forced labour in Sabah, Malaysia, is estimated to be as high as 72,000. Children born at the plantations are not issued birth certificates, preventing them from attending school and forcing them to stay at the plantations and work.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Men
- Persons on the move
- Women
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 25
- Paragraph text
- According to recent reports, migrant workers in the United Kingdom of Great Britain and Northern Ireland are subject to contemporary forms of slavery in the construction sector. By nature, work in this sector is seasonal, time-sensitive and temporary, qualities that can lead to poor working conditions. Construction companies also use subcontracted labour, which can be exploited more easily. A 2003 survey estimated that 88,000 non-British workers were employed in construction. Migrant workers are attractive to construction companies because they are often seen as cheap, disposable labour. It is not possible for migrant workers to obtain a work permit for construction work, so they must enter the United Kingdom on a self-employed visa, which adds to their vulnerability and invisibility.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 26
- Paragraph text
- Children as young as 3 years old were reportedly working in mines and quarries in Sierra Leone in 2012, with children as young as 10 subjected to contemporary forms of slavery in diamond mines. Children break apart, shovel and wash gravel all day, six days a week, for little to no compensation, with wages ranging from USD 0.15-0.60 per day. They are vulnerable to disease, injury and death due to collapsing mine pits. Children working in mines are denied educational opportunities, preventing them from escaping the cycle of poverty and enslavement. Families often cannot afford to send their children to school because they need their labour to supplement family earnings, as 60 per cent of the population lives in poverty, according to the United Nations Development Programme. The civil war in the country exacerbated children's vulnerability to slavery, as numerous child soldiers abducted by armed factions were subsequently forced to work in mining, many children lost their parents and schooling for most children was interrupted.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 27
- Paragraph text
- Article 1 of the 1926 Slavery Convention defines slavery as the "the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised". The Convention calls for the "complete abolition of slavery in all its forms", including the "capture, acquisition, sale or exchange, and disposal" of persons (art. 2, in conjunction with art. 1). Since the drafting of the Convention, most international legal frameworks have included articles concerning the prohibition of slavery, including article 4 of the Universal Declaration of Human Rights (1948), article 8, paragraph 1, of the International Covenant on Civil and Political Rights (1966) and, more recently, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 44
- Paragraph text
- The first initiatives at the international level to address conduct of businesses emerged in the 1970s. In 1977, ILO adopted the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (subsequently amended in 2000 and 2006). It commits Governments, employers' and workers' organizations and multinational enterprises to respecting the Universal Declaration of Human Rights and the International Covenants adopted by the General Assembly. In 2014, the ILO Governing Body adopted an implementation strategy for a new follow-up mechanism to the Declaration (which is not yet aligned with the Guiding Principles on Business and Human Rights) envisaging public-private initiatives and technical cooperation, as well as awareness-raising, capacity-building, country-level support, research and information-gathering.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 46
- Paragraph text
- Global brands and other transnational corporations operating complex supply chains that span multiple jurisdictions have increasingly adopted voluntary codes of conduct to address contemporary forms of slavery in their operations, as well as those of their suppliers, prompted mainly by reputational risk. The voluntary codes cover a wide variety of issues, from social and environmental to human rights and anti-corruption. Policies that clearly prohibit forced labour are now commonplace in codes across companies of different sizes and operating in different regions and sectors. A key recent innovation is the development of policies that address recruitment and hiring in labour supply chains by banning private employment or recruitment agencies supplying workers to facilities in their supply chains from charging recruitment fees to those workers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 47
- Paragraph text
- Despite their important role in complementing the normative framework, voluntary codes of conduct are often bald statements without any independent monitoring mechanisms and leave numerous gaps in protection if they do not apply to all entities, especially informal sector and home-based suppliers and subcontractors. However, an increasing number of steps are being taken to implement voluntary codes, involving a diverse set of strategies, typically starting with some form of compliance assessment conducted at workplace level in businesses' supply chains. These are commonly called "social audits" and frequently address other standards in addition to human rights issues, depending on the codes upon which they are based.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Ensure basic social security guarantees in order to reduce vulnerability to debt bondage.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph