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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. 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. 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. 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. 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. 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.
- 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. 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.
- 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
Challenges and lessons in combating contemporary forms of slavery 2013, para. 42
- Paragraph text
- Yet, even when inspectors are trained to identify victims of slavery, many victims may be afraid to talk because of threats made against them. This is especially true with migrant workers, many of whom are afraid that authorities may harass, detain or deport them. In the United States of America, for example, some migrant workers have reported that they are afraid to talk to neighbours or unable to do so owing to language barriers. In some cases, their employers have threatened to report them to immigration authorities if they try to leave.
- 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. 48
- Paragraph text
- A number of countries have also established specific protections for migrant workers, many of whom are extremely vulnerable to contemporary forms of slavery. In 2011, the Czech Republic made several legislative changes to improve protections for migrants and reduce their vulnerability to exploitation. The Act on Residence of Foreign Nationals was amended to require that employers cover the costs of repatriation when foreign nationals exit the country before the expiration of their work permit. Taiwanese law requires government oversight of the agencies through which migrant workers are recruited in order to ensure that they are not charged excessive service fees. In the United Arab Emirates, Ministerial Resolution No. 1186 of 2010 allows migrant workers to transfer from one employer to another after their contracts expire. In 2007, the Mexican National Migration Institute improved labour protections for migrant agricultural workers with the intent of regularizing and reducing abuses of migrant workers.
- 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. 49
- Paragraph text
- Some countries of origin of migrant workers have also taken important steps. They have established protections for their citizens to reduce the risk of contemporary forms of slavery when migrating overseas for employment. The Nepalese Foreign Employment Act of 2007 delineates the role of the Government in the management of overseas employment through the regulation of licences for recruitment agencies. It also defines the process of recruitment for overseas employment; sets minimum wage, labour contract and insurance requirements; requires pre-departure training; and sets procedures for filing complaints. However, it failed to cover employment of Nepali migrants in India. In May 2012, the Government of Nepal announced a policy of mandatory verification of migrant workers' documents by Nepali missions abroad and that it was working with receiving-country Governments to establish a minimum salary for Nepali migrant workers in Malaysia, Qatar, Saudi Arabia and the United Arab Emirates, which are amongst the largest employers of Nepali workers.
- 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. 52
- Paragraph text
- In order to do so, some sending and receiving countries of migrant workers have signed bilateral agreements or memoranda of understanding. Argentina and Peru, for example, recently established a Memorandum of Understanding on migrant domestic workers (see A/HRC/15/20, para. 82), while a new one for the employment of Indonesian maids was signed between the Governments of Indonesia and Malaysia in 2011 to update a 2006 agreement. This agreement requires an employment contract, sets recruitment fees, provides for a weekly day of rest, allows maids to keep their passports and requires the month-long training of Indonesian maids prior to entering Malaysia as workers. The agreement lifted a two-year ban that Indonesia had imposed on migration to Malaysia for domestic work.
- 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. 54
- Paragraph text
- One of the most important steps in ensuring the successful implementation of laws on contemporary forms of slavery is the provision of training to authorities, including law enforcement officers, labour inspectors, judges and immigration officials. Training should cover relevant law, victim protection mechanisms and techniques for identifying victims.
- 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
- Persons on the move
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 59
- Paragraph text
- There have also been recent awareness-raising campaigns on an international level that focus on awareness among global companies. Business for Social Responsibility (BSR) has laid out a series of good practice examples on global migration to which businesses should adhere. BSR establishes specific standards regarding the legal status of migrant workers, worker rights, recruitment, orientation and training, wages and benefits, withholding of documents, living conditions, leave, grievance mechanisms, and termination and repatriation. ILO has also developed a handbook for employers and business on forced labour, which seeks to raise their awareness and understanding of the issue.
- 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. 60
- Paragraph text
- Unions have also become increasingly involved in global initiatives to raise awareness of contemporary forms of slavery. For example, the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations has recently published a tool for its affiliates on migrant workers' vulnerability. The Italian General Confederation of Labour (CGIL) has carried out a mass media campaign to raise awareness about slave-like conditions under which workers are employed in the Italian agricultural sector. The Trade Union Congress of the Philippines has also set up information desks at airports, bus and train stations; shown videos on public transportation; and established community education programmes and a website to educate potential victims on risks of contemporary forms of slavery.
- 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. 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.
- 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
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.
- 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
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.
- 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. 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).
- 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. 48
- Paragraph text
- HIV/AIDS has had a huge impact on all of society, not least those subject to child slavery in mining and quarrying. In central and southern Africa the scourge of AIDS has left many orphans. This situation - coupled with the fact that there is already a lot of pressure on the disintegrating traditional extended family support system - means that many orphans end up working unaccompanied in this sector.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Health
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
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.
- 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
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.
- 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. 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.
- 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
Debt bondage as a key form of contemporary slavery 2016, para. 10
- Paragraph text
- ILO estimated in 2012 that 20.9 million people worldwide were victims of forced labour. These figures refer to all forms of forced labour, however given the close interrelationship with debt bondage, the figures offer some insight into debt bondage prevalence trends globally. The Asia-Pacific region accounts for the highest absolute number of victims of forced labour: 11.7 million, or 56 per cent of the global total. The second-highest number is in Africa, with 3.7 million (18 per cent), followed by Latin America and the Caribbean, with 1.8 million (9 per cent). Developed economies and the European Union account for 1.5 million victims of forced labour (7 per cent), while the non-EU countries of Central, South-East and Eastern Europe and the countries of the Commonwealth of Independent States have 1.6 million (7 per cent). In the Middle East, there are an estimated 600,000 victims (3 per cent). ILO has noted that the average period of time that victims spend in forced labour is approximately 18 months, with significant variation according to the forms of forced labour and across regions. The ILO data also illustrates that forced labour affects international migrants, internally displaced persons and people in their home countries. ILO estimates that there are 9.1 million victims (44 per cent) who have moved either internally or internationally, and 11.8 million (56 per cent) who are subjected to forced labour in their place of origin or residence.
- 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
- 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.
- 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
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.
- 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.
- 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. 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.
- 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
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.
- 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. 36
- Paragraph text
- In Pakistan, the Bonded Labour System (Abolition) Act, 1992 abolished bonded labour throughout the country. The Act prohibits any loan or advance under the bonded labour system, or compelling a person to render any form of forced labour. It also extinguishes all obligations to repay any bonded debt and provides for 2 to 5 years' imprisonment for perpetrators and/or the imposition of a fine of PRs. 50,000. The law mandates provincial governments to set up district vigilance committees, for implementation of the law and the rehabilitation of bonded labourers. The Bonded Labour System (Abolition) Rules, 1995 established the responsibility of various implementing agencies and mandated the setting up of a fund for the rehabilitation of freed bonded labourers. In 2001, the Government developed the National Policy and Plan of Action for the Abolition of Bonded Labour, in which the Government committed itself to eradicating bonded labour and developing the rehabilitation fund.
- 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
- Persons on the move
- Year
- 2016
Paragraph