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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
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.
- 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. 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.
- 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. 50
- Paragraph text
- As business has become increasingly global, the international community has also responded by adopting non-binding global frameworks that are addressed to business. For example, the Guiding Principles on Business and Human Rights offer companies guidance on key labour and human rights issues relevant to contemporary forms of slavery. These principles, which were endorsed by the Human Rights Council in June 2011, cover all aspects of human rights, including reference to ILO core labour standards; and provide a common, authoritative standard and reference point for mitigating the risk of negative human rights impacts.
- 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. 51
- Paragraph text
- Alongside the development of new laws, many countries have also taken steps to ensure that laws are effectively enforced. This is often more difficult, resource-intensive and time-consuming than getting laws passed. However, a number of countries have taken efforts to overcome challenges to successfully combat contemporary forms of slavery.
- 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. 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.
- 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. 67
- Paragraph text
- In cases in where Governments are unwilling or unable to take action to combat contemporary forms of slavery or where complex problems require the coordinated action of multiple stakeholders, new initiatives have been formed to tackle these issues. While national authorities are the primary entities responsible for combating slavery, other stakeholders have recently emerged to aid their efforts, including intergovernmental organizations, unions, NGOs and companies.
- 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
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 68
- Paragraph text
- ILO followed this up in October 2008 with the publication of its handbook for employers on Combating Forced Labour, which sought to "encourage a broad partnership approach to the fight against forced labour and trafficking through the active engagement of business actors in global action" (p. 7).
- 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
- 2013
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.
- 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. 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.
- 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. 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.
- 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. 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.
- 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.
- 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. 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.
- 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. 83
- Paragraph text
- To strengthen global efforts, the following recommendations are made to Governments, international organizations and businesses.
- 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
- N.A.
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 84
- Paragraph text
- To successfully combat contemporary forms of slavery, Governments should consider the good practices identified above and the recommendations presented below.
- 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
- All
- N.A.
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 90
- Paragraph text
- Supporting the engagement of national Governments should be a priority for the international community and donor agencies.
- 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
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 92
- Paragraph text
- International agencies can assist Governments to develop strong legal and regulatory frameworks or revise existing frameworks, and promote the mainstreaming of policies against contemporary slavery, including across ministries and mandates such as poverty reduction, education, labour, social protection, health, trade, immigration and internal affairs.
- 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
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 95
- Paragraph text
- Businesses must also take action both inside and outside of their supply chains. They need to find creative and effective ways to work with business peers and partners, NGOs, trade unions, Governments and international organizations.
- 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. 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.
- 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
Child slavery in the artisanal mining and quarrying sector 2011, para. 21
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- 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.
- 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. 33
- Paragraph text
- With the growth in rural poverty and lack of investment in rural livelihoods, communities are drawn to work in this sector as they know that they can gain immediate benefits from selling gold as opposed to cultivating land.
- 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
- N.A.
- Year
- 2011
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.
- 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
Child slavery in the artisanal mining and quarrying sector 2011, para. 45
- Paragraph text
- The discovery of new mineral reserves tends to result in rushes for gold and diamonds. This has been the case for gold in Brazil, Ecuador and Papua New Guinea. Madagascar has also experienced a "sapphire rush". On her recent mission to Peru, the Special Rapporteur was able to see the effects of the gold rush in Madre Dios, Peru (see A/HRC/18/30/Add.2).
- 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
- N.A.
- Year
- 2011
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 59
- Paragraph text
- Toxic chemicals like mercury are able to seep into the soil and water supply thereby affecting food and water. These artisanal communities often lack basic services such as potable drinking water, electricity and medical services. Continued exposure to a polluted environment and contaminated water can manifest itself in acute respiratory problems and skin ailments if not immediately then in adulthood (see A/HRC/18/30/Add.2).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Water & Sanitation
- Person(s) affected
- N.A.
- 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.
- 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. 107
- Paragraph text
- Companies should comply with all applicable laws and respect human rights standards, particularly those on child labour and slavery-like practices. Businesses are required to comply with international agreements ratified by the country in which they operate and when they operate internationally. As proposed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, companies, when conducting business with State or non-State entities and entities in its value chain, should either by action or omission: avoid causing or exacerbating adverse human rights impacts through their own activities, and address such impacts when they occur; and seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts (see report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, A/HRC/17/31, para 13 ff.).
- 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
- N.A.
- 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.
- 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
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
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