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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.
- 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. 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;
- 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;
- 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.
- 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. 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;
- 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. 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).
- 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. 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.
- 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
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;
- 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.
- 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.
- 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. B.
- Paragraph text
- [Recommendations to Member States:] Ensure basic social security guarantees in order to reduce vulnerability to debt bondage.
- 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
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Invest in the capacity and knowledge of the labour inspectorate in order to detect and tackle cases of debt bondage. Ensure that the inspectorate covers all sectors impacted by debt bondage, including those within the informal 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
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Ensure that legislation is in place that regulates the payment of wages, and that such provisions are in alignment with obligations under the ILO Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117).
- 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. 11
- Paragraph text
- In Africa, debt bondage has been reported in sectors such as mining and agriculture, particularly in countries that are members of the Southern African Development Community, such as the Democratic Republic of the Congo, Malawi, Zambia and Zimbabwe.
- 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. 31
- Paragraph text
- A number of different countries have taken measures, including the development of legislation, policies and programmes, to eradicate and prevent debt bondage and related forms of servitude. Examples of these are discussed below, and additional material is included in the annex.
- 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. B.
- Paragraph text
- [Recommendations to Member States:] Within the design of such surveys, provisions should be included to provide immediate assistance to identified bonded labourers. The steps taken must ensure the safety of labourers and protect them from any threats or reprisals from employers.
- 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
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Ensure effective regulation of private sector organizations in line with the Guiding Principles on Business and Human Rights.
- 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
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Invest in programmes that facilitate people's access to decent work opportunities, in order to ensure that they have economic alternatives to debt bondage.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- 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:] Take all possible steps to establish effective rule of law, in particular by building the capacity of the judiciary to ensure that relevant laws are properly and consistently enforced.
- 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
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] In the context of implementation of the Sustainable Development Goals, continue and expand targeted poverty reduction programmes that reduce the vulnerability of the individual to debt bondage.
- 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
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Integrate provisions designed to prevent stigma and prejudice against populations vulnerable to debt bondage, within all educational curricula.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Education
- 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:] In addition, ensure that the relevant legislative provisions declare null and void all debt contracted during any period during which a person was held in 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
- 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:] Sensitize the competent authorities on the effective identification of victims of debt bondage, including by developing specific guidelines and procedures and implementing human rights-based training.
- 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:] Ensure that robust anti-discrimination legislation is in place to protect groups that can become vulnerable to debt bondage because of multiple and intersecting forms of discrimination.
- 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
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Ensure that debt bondage is prohibited as a specific crime within national legal frameworks with adequate penalties for violations. Debt bondage should be included as a stand-alone violation that is treated separately from related phenomena such as forced labour or trafficking.
- 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. B.
- Paragraph text
- [Recommendations to Member States:] Train members of the judiciary on legal provisions relating to debt bondage and the rights of victims, in order to ensure the effective enforcement of legislation.
- 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. 6
- Paragraph text
- People enter the status or condition of debt bondage when their labour, or the labour of a third party under their control, is demanded as repayment of a loan or of money given in advance, and the value of their labour is not applied towards the liquidation of the debt or the length of the service is not limited and/or the nature of the service is not defined. Consequently, bonded labourers are often trapped into working for very little remuneration, or in some cases none, to repay the loan or advance, even though the value of their labour exceeds that sum of money.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] As stated above, ensure that legislation is in place to protect from discrimination those who are vulnerable to bonded labour in order to prevent situations of exploitation.
- 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
- All
- N.A.
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Ensure that bonded labourers are fully consulted about the development of assistance and rehabilitation programmes.
- 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:] As part of such efforts, issue identity cards to former bonded labourers to ensure that they can access social security assistance and Government services.
- 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
- N.A.
- Year
- 2016
Paragraph