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Challenges and lessons in combating 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
- 2013
- Document code
- A/HRC/24/43
Document
Challenges and lessons in combating contemporary forms of slavery 2013, para. 7
- Paragraph text
- The closest figure for the number of individuals subjected to contemporary forms of slavery is that of 21 million victims of forced labour worldwide. This obviously does not include other forms of slavery that the Special Rapporteur has covered such as servile marriage, domestic servitude, child slavery and bonded labour which would show in a much higher number of victims.
- 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
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.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 9
- Paragraph text
- Women are also more often in charge of children, which adds pressure on them to work and provide for their households. Owing to the need to work, women may be financially obliged to remain in undesirable jobs and thus forced to endure less than ideal working conditions. In many countries, women are also at a disadvantage due to cultural traditions. Finally, women and girls are often denied equal access to education, which makes them less attractive in the labour market and fuels the cycle of poverty and vulnerability to slavery.
- 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
- Girls
- Women
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 10
- Paragraph text
- Servile marriage and domestic servitude are two forms of contemporary slavery that disproportionately affect women and girls. In a previous report, the Special Rapporteur defined servile marriage as an arrangement "in which a spouse is reduced to a commodity over whom any or all the powers of ownership are attached" (A/HRC/21/41, summary). Practices such as polygamy and "bride price", especially when coupled with the prevalence of domestic violence, are possible indicators of servile marriage. Women's bodies are directly tied to a family's honour in many cultures, and if a girl refuses to marry, "she can be subject to character assassination or kidnapping by the man or his family to force her into marriage or to rape her" (ibid., para. 71). There is little to no legal protection for women in these situations in many countries. Some countries have gone so far as to enact legislation that acquits perpetrators of rape if they marry their victim. If a woman enters into a servile marriage, she essentially becomes a slave to her husband and his family.
- 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
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 11
- Paragraph text
- Servile marriages are still practised today; for example, in Papua New Guinea. According to a 2012 report by The Projection Project, "women are victims of forced, fraudulent, servile, fraudulently brokered, and temporary marriages. Children may also become victims of exploitative marriage".
- 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
- Children
- Women
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 12
- Paragraph text
- Domestic work is one of the largest service industries in the world, but it is among the least visible due to its location in the private sphere. Many women in domestic work find themselves physically and socially isolated and their right to organize is significantly restricted. Live-in workers are often expected to work 16-17 hours a day, frequently without a day off or vacation time. The work can be extremely taxing, including carrying heavy loads and handling toxic substances. Physical, emotional and sexual abuse occur in situations of domestic servitude. Employers often confiscate domestic workers' passports or identity papers and withhold their wages for "safe keeping", which makes it very difficult for them to leave their employment.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Women
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 13
- Paragraph text
- During her mission to Lebanon, the Special Rapporteur was informed that migrant domestic workers made up 25 per cent of the Lebanese workforce and faced "physical abuse, a category encompassing physical suffering caused by working a minimum of 18 hours per day and physical assault … non-payment of wages, sexual abuse, moral harassment, food deprivation, sexual harassment, forced labour … physical threats, forced prostitution, non-renewal of papers and employment of minors" (A/HRC/21/41/Add.1, para. 9). The Governments of Madagascar, Philippines and Sri Lanka have since prohibited their citizens from working in domestic service in Lebanon due to these extremely poor conditions and the fact that there is virtually no system in place in Lebanon to protect domestic workers. Article 7 of the Lebanese Labour Code of 1946 specifically excludes domestic workers from its provisions (ibid., para. 21).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 14
- Paragraph text
- Children working as domestic servants experienced a variety of abuses, including physical and sexual abuse, long working hours, isolation and little to no access to education. According to the University of Nairobi, "child domestics [experience] significantly more psychological problems than other children (both working and non-working children). Frequent headaches, eating problems, nightmares, tiredness and unhappiness were found to be very common amongst child domestics". These children were found to be extremely vulnerable to becoming victims of slavery.
- 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
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 15
- Paragraph text
- Discrimination based on race, ethnicity and caste also plays a role in increasing vulnerability to contemporary forms of slavery. Bonded labour in Asia, for example, disproportionately affects people with disadvantaged social statuses such as a low caste and the majority of forced labour victims in South America were from indigenous cultures, while strict social hierarchies in West Africa can dictate a person's status as a slave. In many societies, racism is very common and typically the darker the skin, the more abuse that follows.
- 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
- 2013
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".
- 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. 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.
- 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
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.
- 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
Challenges and lessons in combating contemporary forms of slavery 2013, para. 19
- Paragraph text
- In informal artisanal mining, contemporary slavery is prevalent and freedom of movement is severely curtailed. Mines are often located far from population centres and many small, informal mines operate in areas outside the purview of the law. Therefore, it is very difficult for authorities to locate and identify victims of slavery in the sector. There are no labour inspections at many informal mines and violence, crime, and substance abuse are rampant. Working hours are often long, work is extremely dangerous, living conditions are poor and workers are often paid illegally low wages. Debt bondage and child slavery are also common.
- 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
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.
- 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. 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.
- 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
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.
- 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. 23
- Paragraph text
- ILO has reported that 69 per cent of child labour occurs in the agricultural sector, where there is a high incidence of the worst forms of child labour. Because agricultural work is generally low-paid, carried out by temporary and migrant workers and occurs in isolated rural areas subject to little government oversight, both child and adult agricultural workers are vulnerable to contemporary forms of slavery.
- 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
- Persons on the move
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 24
- Paragraph text
- A number of sources have reported that children are subjected to contemporary slavery in Ghanaian fisheries by "fisher-entrepreneurs" or middlemen who take them far from their homes to work in fisheries. Recruiters reportedly deceive families with promises of educational opportunities in exchange for a few hours of work each day. Children are also often promised cash or in-kind payments for their labour, such as a cow for boys or a sewing machine for girls. Parents may be offered an advance for their child's work, thus placing the child in a situation of debt bondage. Lake Volta is a popular destination for child slaves, as fishery resources have been depleted and children are considered cheap sources of labour. Tasks in the fishing sector are gendered: boys paddle canoes, pull in nets and carry fish; girls sort, pack and transport fish; and both boys and girls are often tasked with deep-water diving to clear entangled nets. Children usually work six to seven days a week, at least 12 hours a day, and fishing expeditions can last for many days. These children are exposed to dangerous working conditions, long hours, sexual and physical abuse, and even death due to drowning, snake bites or physical abuse at the hands of boat or equipment owners.
- 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
- Boys
- Children
- Families
- Girls
- 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.
- 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.
- 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).
- 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
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)).
- 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. 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".
- 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
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).
- 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).
- 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. 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.
- 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
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.
- 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.
- 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. 35
- Paragraph text
- Even if prosecutors are able to successfully prosecute cases, penalties and fines are often too low to be dissuasive. For example, in Morocco, employers found guilty of using forced labour are subject to fines of approximately USD 3,000-3,500 for a first offence and double for a subsequent offence, along with a jail sentence of 6-90 days. However, these sanctions are not sufficiently dissuasive.
- 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