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Debt bondage as a key form of contemporary slavery 2016, para. 54
- Paragraph text
- Under the due diligence standard, States have an obligation to exercise a measure of care in preventing and responding to the acts of private individuals. More specifically, they have a duty to protect people in debt bondage by means of adequate procedures to identify them, to provide short-term and long-term rehabilitation that prevents revictimizations, to enact legislation on debt bondage and to ensure that victims have access to justice and remedies. Furthermore, States have an obligation to prevent debt bondage through prevention of discrimination, regulation of wages, enforcement of labour law and regulation of recruitment practices, and by protecting persons in debt bondage against violations in the context of business activities.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 46
- Paragraph text
- The enactment of laws that prohibit debt bondage and adequately punish perpetrators is essential as a first step towards the eradication and prevention of this phenomenon. Such laws need to be actively enforced, along with those that are relevant to the prevention and eradication of debt bondage, including those related to regulation of recruitment agencies, the right to organize and the payment of wages. The necessary resources must be allocated to assure full implementation of the laws at all levels of government. Effective administrative institutional structures and processes must be in place to implement legislation on debt bondage. As part of such implementation efforts, enforcement officials and other State officials should be sensitized and trained in regard to relevant laws on debt bondage and the rights of victims.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Ensure that penal and administrative sanctions are applied to all those involved in perpetrating debt bondage and that all victims are able to access redress for harm suffered, including adequate compensation.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 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. 34
- Paragraph text
- Also in India, the Centrally Sponsored Scheme for Rehabilitation of Bonded Labourers, introduced in 1978, establishes that the cost of rehabilitation grants is to be assumed on an equal basis by the central Government and the states, and provides Rs. 20,000 in compensation per labourer.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Take all necessary effective measures to ensure appropriate and effective remedies for victims of debt bondage, as established under the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 5
- Paragraph text
- The practice of debt bondage, also known as bonded labour, is one of the four practices similar to slavery or forms of servitude that are addressed in the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, of 1956. Although servitude in international law has not been defined by an international instrument and the distinction between servitude and slavery has not been fully established, it has been considered that "servitude should be understood as human exploitation falling short of slavery. That is to say, such exploitation which does not manifest powers which would normally be associated with ownership, whether de jure or de facto". Debt bondage is a type of servitude but can also be characterized as slavery if characteristics denoting ownership are present. Furthermore, debt bondage can also be classified as forced labour under the International Labour Organization (ILO) Forced Labour Convention, 1930 (No. 29). That Convention establishes debt bondage as "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". Although debt bondage is not included in the definition of forced labour, there is a general consensus that the two practices overlap.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 48
- Paragraph text
- The labour inspection system must be resourced and trained in order to ensure effective monitoring of the compliance with laws on debt bondage, as well as with other relevant labour laws, for example those on forced labour, child labour, social security, wages, working conditions, health and safety, unionization, collective bargaining and equality. To that purpose, the labour inspection system should be provided with the necessary resources to monitor both the formal and informal sectors. Regulation of the labour market should also ensure that the rights to freedom of association and of peaceful assembly, as well as the right to collective bargaining, are universally upheld.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 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
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Victims of debt bondage should be ensured equal access to justice and access to effective remedies. States should ensure that persons in debt bondage who seek to access the judicial system do not encounter discriminatory attitudes and/or policies which impede access to their rights under law.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Implement human rights-based training on the prevention and elimination of all forms of discrimination across State institutions.
- 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
- 2016
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 62
- Paragraph text
- Despite notable improvements in recent years, gaps in legal and regulatory protection for the human rights of victims of contemporary forms of slavery exist in a number of countries. This has a significant impact on enforcing corporate legal liability. In many cases, States also lack an integrated approach to criminal, labour and human rights laws, which impedes law enforcement and prevents effective investigation and prosecution of abuses. Where the legislative framework does exist, in some instances this is affected by lengthy legal proceedings and corruption, including bribery, which means that access to remedy is slow and victims are reluctant to come forward as a result.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 28
- Paragraph text
- States have an obligation under international human rights law to respect, protect and fulfil the human rights of all persons in their territory and/or jurisdiction. This includes the duty to protect individuals and groups against human rights abuses committed by private actors, such as business enterprises. The Human Rights Committee, in paragraph 8 of its general comment No. 31 (2004) on the nature of general legal obligations on States Parties to the Covenant, stipulates the need for States to exercise due diligence to prevent, punish, investigate or redress the harm caused by private persons or entities.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 69e
- Paragraph text
- [In relation to businesses, the Special Rapporteur recommends the following:] Businesses should provide for or cooperate in remediation by establishing or participating in an operational-level grievance mechanism, in accordance with the Guiding Principles on Business and Human Rights, and cooperate with State-based judicial and non-judicial grievance mechanisms. The approach adopted by businesses in providing for a timely and effective remedy should be community-based and inclusive of, for example, public and/or non-governmental service providers with expertise in working with victims of contemporary forms of slavery;
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 56
- Paragraph text
- States have a duty under international human rights law to ensure the right to a remedy, including equal and effective access to justice and adequate, effective and prompt reparations for human rights violations. For victims of gross violations of international human rights law, such as slavery and slavery-like practices, full and effective reparation may take the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. In the third pillar of the Guiding Principles on Business and Human Rights, clear guidance is set out on "access to remedy", delineating respective roles for both States and business.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 40
- Paragraph text
- In the Universal Declaration of Human Rights, every individual and every organ of society is required to strive to contribute to the universal and effective recognition and observance of human rights for all. While it is commonly accepted that under international human rights law businesses have a responsibility to respect human rights, there is as yet no international legal duty for them to protect human rights. Human rights due diligence, i.e. a continuous process of identifying and addressing the human rights impact of a company across its operations and products, and throughout its supplier and business partner networks, is therefore the primary standard used to assess business compliance with its human rights responsibilities.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 65
- Paragraph text
- A key gap is the lack of research and data in identifying the exact scope and prevalence of contemporary forms of slavery in specific supply chains and related to particular commodities, as well as its prevalence in the informal sector, which could enable strengthened and targeted policy and normative response and practical strategies. More research and data is also needed on domestic supply chains.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 36
- Paragraph text
- Executive Order 13627 on strengthening protections against trafficking in persons in federal contracts, issued in September 2012, targets contemporary forms of slavery in government procurement. Under the Executive Order, federal contractors, sub-contractors, and their employees are prohibited from engaging in misleading or fraudulent recruitment practices; charging employees recruitment fees; and destroying, concealing, confiscating or otherwise denying an employee access to their identity documents, such as passports or drivers' licences (section 2 (1)(A)(i)-(iii)). Under the Order, contractors and subcontractors are further required to agree to fully cooperate, by contractual agreement, in providing reasonable access to enforcement agencies to conduct audits, investigations and other actions to assess compliance with the Trafficking Victims Protection Act of 2000 (section 2 (1)(B)). The Federal Acquisition Regulation that needed to be updated following the Executive Order and related requirements in the Ending Trafficking in Government Contracting Act (set forth in the National Defense Authorization Act for 2013) entered into force in March 2015, hence it is difficult to comment on its impact in practice.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 67
- Paragraph text
- The present report provides an indication of some of the challenges in enforcing accountability of States and businesses for preventing, mitigating and redressing contemporary forms of slavery in supply chains. The framework emerging from the United Nations system has provided greater clarity on how to operationalize the responsibility of business to respect human rights, including through conducting human rights due diligence, and the obligations of States to address business-related human rights abuses. The passing of national laws, which reflect an increasing global concern with transparency, reporting and human rights due diligence obligations that add to the accountability tool belt, is to be applauded. So are the businesses' human rights policy commitments, although loopholes exist in terms of their enforcement, and the important role played in the combat against contemporary forms of slavery in supply chains by other stakeholders, including civil society actors, such as non-governmental organisations, trade unions, foundations and consumers, as well as international organizations and the media. While these developments are notable, important gaps still exist in terms of effective access to justice and adequate and prompt remediation for victims of contemporary forms of slavery in supply chains.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Priorities of the new mandate holder 2014, para. 30
- Paragraph text
- The mandate also requires a multi-faceted approach combining law and policy frameworks which provide for prevention, protection, prosecution and redress at the national and international levels, with consumer and civil society advocacy, rejecting goods produced through forced labour or other forms of slave labour and generating consumer awareness. It also requires that business practices be congruent with human rights, ethical and environmentally sound sustainable development, and durable peace and security for all. It requires a concerted global initiative to eradicate poverty and enforce the basic principles of justice, dignity and human rights for all. At the most basic level, it requires resources, mechanisms and processes for the effective implementation of recommendations made pursuant to fact-finding missions and consultations conducted as part of the mandate.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Priorities of the new mandate holder 2014, para. 27
- Paragraph text
- It is essential to ensure standardized disaggregated data collection (with due regard to individuals' rights to privacy and data protection) and the strengthening of national legislative frameworks to ensure that violations of human and labour rights resulting in slavery are effectively monitored and swiftly eradicated through strict legal, judicial and institutional enforcement of measures, with appropriate rehabilitation and remedies. In addition, the early identification and prevention of forced labour through the cooperation of multiple stakeholders, including governments, civil society organizations, the private sector, trade unions and consumers, are critical.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
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. 73
- Paragraph text
- Recently, stakeholders have made efforts to influence the sourcing decisions of companies and national and local governments in order to reduce the level of contemporary forms of slavery. It is now generally accepted that Governments are responsible for preventing contemporary forms of slavery and holding companies accountable - whether a product is produced in the country, manufactured by a company based in the country or imported and consumed by its citizens. Additionally, civil society organizations have also taken steps to promote responsible sourcing decisions and have provided guidance to companies on ways to prevent contemporary forms of slavery in their supply chains.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 75
- Paragraph text
- In other cases, Governments have taken efforts to reward companies that take positive steps to combat contemporary forms of slavery, including by offering access to State contracts. In Argentina, the National Institute for Industrial Technology recently established a comprehensive national certification system for companies operating in the textile industry. The agency offers "certificates of quality" to firms that refrain from using forced labour and provide their employees with decent working conditions. Participating companies granted the certificate are eligible to bid on lucrative State textile contracts. In a similar spirit, the Plurinational State of Bolivia operates a certification programme called the Triple Seal, which is designed to encourage compliance with national labour laws and awarded to companies that prohibit child labour, discrimination and forced labour across their entire supply chains.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 85
- Paragraph text
- Governments should introduce or amend, where necessary, laws to effectively combat exploitation; strengthen implementation and enforcement; harmonize legislative and policy approaches to ensure greater coherence, efficiency and efficacy; develop and effectively monitor and implement national plans of action; introduce specialized agencies or institutions with the specific mandate to tackle contemporary forms of slavery; and ensure all such efforts are appropriately resourced and staffed.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 44
- Paragraph text
- Lack of prosecutions and convictions for contemporary forms of slavery can also be a significant problem. One reason for this is poor integration and cooperation among government institutions. The Special Rapporteur noted that, during some of her missions, there was lack of integration between the criminal, labour and civil law specifically addressing forced labour, which impeded enforcement efforts. This lack results in inadequate investigations and sanctioning of slavery-like practices. The Special Rapporteur has noted that multi-sectoral commissions must have representation from relevant concerned government offices in order for them to effectively combat slavery.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 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. 39
- Paragraph text
- A lack of resources and low levels of awareness and understanding often manifest themselves in deficiencies in labour inspectorates and other public enforcement institutions, severely limiting Governments' ability to detect victims of contemporary forms of slavery. For example, one of the biggest factors impeding the ability of the Government of Guatemala to protect agricultural workers from exploitation is its deficient labour inspection system. Problems facing the Labour Inspectorate include a lack of staff and funding, the inability of inspectors to set fines and labour inspectors' fear of carrying out inspections in the agricultural sector due to high levels of violence in the country.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 89
- Paragraph text
- Governments must create long-term and nationwide awareness campaigns to disseminate information about relevant laws and risks of slavery, and mechanisms to detect, report and combat it must be widely disseminated to all stakeholders, not just to 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
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 93
- Paragraph text
- International organizations should also support government efforts to build law enforcement capacity within public institutions; raise awareness of relevant stakeholders; build broad-based support for policies to eliminate contemporary slavery; develop and implement measures to assist victims of exploitation and prosecute perpetrators; and lead mobilization efforts for further financing and support.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph