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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.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 53
- Paragraph text
- An example of good practice is the multi-stakeholder public-private platform Project Issara initiated by Anti-Slavery International to tackle modern slavery in South-East Asia, with an initial focus on forced labour in the export-oriented industries of Thailand that affect global supply chains. Another well-known example of a multi-stakeholder private-public initiative is the National Pact for the Eradication of Slave Labour in Brazil, which brings companies together to combat slave labour with the assistance of ILO, non-governmental organizations (including Repórter Brasil and Ethos) and support from the Government. Over 400 companies and trade associations had signed the pact as of May 2014, including large companies such as Walmart Brazil, committing not to do business with people and companies involved with slave labour.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 43
- Paragraph text
- The Guiding Principles on Business and Human Rights provide conceptual and operational clarity for the two human rights principles of the Global Compact Initiative, a broad-based multi-stakeholder initiative addressed to business, launched in 2000. The Global Compact brings together Governments, employers, civil society groups and trade unions, as well as other stakeholders, on the basis of 10 universally accepted principles of human rights, labour, environment and the fight against corruption. The principles are drawn from key United Nations and ILO standards, with contemporary forms of slavery figuring prominently among the categories of human rights and labour rights (principles 1, 2, 4 and 5). Since the Global Compact's launch, more than 12,000 participants, including over 8,000 businesses from 145 countries, have joined. The high number of the initiative's participants is commendable, but the most obvious gap of Global Compact is in terms of a follow-up mechanism for monitoring and implementation, since businesses need only to communicate annually on progress made in implementing the 10 principles.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 42
- Paragraph text
- In order to meet their responsibility to respect human rights, businesses need to, as per principle 16, adopt human rights policy statements, the criteria for which are set out in this principle. The responsibility to respect also requires ongoing human rights due diligence to identify, prevent, mitigate and account for human rights impacts (principles 17-21). The Guiding Principles on Business and Human Rights also state that, where businesses identify that they have caused or contributed to adverse human rights impacts, they should have processes in place to enable remediation (principle 15).
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 50
- Paragraph text
- Another strategy in tackling the risk of contemporary forms of slavery in supply chains relates to transparency and reporting, on the one hand, and traceability, on the other. In both cases, pressure from regulators, civil society actors and investors has pushed companies not only to disclose information about business relationships in supply chains, but to implement measures to track products and materials from finished goods to the commodities level to promote "clean" production at every step of the way. However, opinion remains divided on the effectiveness of these initiatives in improving conditions for workers and, in particular, for addressing contemporary forms of slavery.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 58
- Paragraph text
- As part of its duty to protect against business-related human rights abuses, the State is required to take appropriate steps to ensure that those affected have access to effective remedy when abuses occur within their territory and/or jurisdiction and to reduce barriers that could lead to a denial of this access. In the Guiding Principles on Business and Human Rights, it is indicated that this is to be achieved primarily through State-based judicial mechanisms and non-judicial grievance mechanisms, which are complementary in nature (principles 25-27). States are also encouraged to consider ways to facilitate access to effective non-State based grievance mechanisms that can have the benefit of reduced costs, increased speed of access and transnational reach, where States may be more limited. These may be non-judicial business, industry or multi-stakeholder mechanisms; or they may be regional or international human rights bodies (see principle 28).
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 32
- Paragraph text
- In the context of transparency, the most often cited legislation is the California Transparency in Supply Chains Act of 2010, which came into effect on 1 January 2012. Under the Act, all retailers and manufacturers with annual global revenues of over US$100 million doing business in California, whether or not they have their headquarters there, are required to disclose their efforts to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale. While an important development, the law is judged to be insufficient because it only requires companies to report on what, if anything, they are doing to address contemporary forms of slavery, using five specific categories: verification, auditing, certification, internal accountability and training, and no specific preventive actions need to be taken nor does it call to improve conditions for those vulnerable to abuse in the supply chain.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 39
- Paragraph text
- Although the assessment of the efficacy of these legislative developments in practice is beyond the scope of the present report, they provide a snapshot of the issues that impact on the challenge of States to regulate the human rights conduct of businesses operating supply chains outside domestic economies. In these cases, risks and violations are often off-shored, resulting in lack of redress under domestic laws, but having significant impact on the human rights situation in developing economies. This results in challenges to effectively address business-related human rights harms in supply chains and requires sustainable and holistic solutions that involve all stakeholders in the supply chain.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Priorities of the new mandate holder 2014, para. 29
- Paragraph text
- The mandate calls for a coherent global response, involving evidence-based analysis, together with technical assistance to Member States which are committed to eradicating the scourge of contemporary slavery from their labour markets. It requires strengthening of the global partnership, involving unions, civil society organizations, non-governmental organizations, human rights advocates, the private sector, the legal sector and the judiciary, governments and public-sector institutions, United Nations agencies and mechanisms, academic and research institutions, as well as international foundations committed to research and advocacy.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 30
- Paragraph text
- In the context of contemporary forms of slavery, this duty to protect could translate into a smart mix of measures to ensure that businesses engage in their responsibility to respect human rights, including through undertaking human rights due diligence throughout their supply chains and remediating the adverse impact of their operations on human rights. At the very minimum, States should ensure that businesses realize the implications of purchasing products or services that have in any way been linked to forced labour or other contemporary forms of slavery. To date, States have adopted diverse approaches to addressing this issue, which include ensuring criminal, civil and tort liability for business-related human rights violations, setting up mechanisms to regulate such compliance in trade and consumer protection and addressing it in government procurement. Disclosure and transparency can also feature as legal obligations rather than being limited to voluntary corporate social responsibility initiatives.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
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.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 54
- Paragraph text
- Multi-stakeholder initiatives help to address questions of credibility and effectiveness that have surrounded business-only and corporate social responsibility strategies. They offer a more inclusive model as they involve various stakeholders and thus provide a long-term solution to addressing risks to contemporary forms of slavery in supply chains. Those multi-stakeholder platforms that are genuinely premised on social partnership and involve trade unions have the additional benefit that they can ensure collaboration across a number of initiatives including public-policy advocacy and grievance resolution.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 61
- Paragraph text
- In the context of supply chains, a lack of extraterritorial jurisdiction affects access to remedies for contemporary forms of slavery and other human rights violations, which are committed outside the territory in which a business is domiciled. In this context, the United States Supreme Court held, for example, in Kiobel v. Royal Dutch Petroleum, Co., that the presumption against the extraterritorial application of United States law applies to the Alien Tort Statute, and this can only be overcome if the claim "touches and concerns" the territory of the United States "with sufficient force" to displace the presumption against extraterritorial application.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Priorities of the new mandate holder 2014, para. 31
- Paragraph text
- The Special Rapporteur looks forward to fulfilling the requirements of her mandate, as outlined in Human Rights Council resolution 24/3, and to constructive and fruitful cooperation with diverse stakeholders in all regions towards that end. She particularly emphasizes her desire for constructive engagement with United Nations Member States and encourages Member States to respond positively to her requests for information or for country visits, while emphasizing that the mandate remains available to provide assistance to States and to respond to their requests, including in the area of technical cooperation, to the fullest extent possible. The Special Rapporteur reiterates the importance that she places on the role and views of non-governmental organizations, including in providing information to her and engaging with and assisting her fully as she conducts her work on slavery and slavery-like practices.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 60
- Paragraph text
- Given the gravity of slavery and slavery-like practices as gross human rights violations, judicial remedies are a key form of securing accountability for business-related human rights abuses. Access to justice for victims in this context is, however, often constrained by legal rules limiting the liability of a corporation for human rights violations not directly arising from its business operations. This is a problem in global supply chains whereby the business enterprise sourcing the product is not directly implicated in the exploitation that occurs lower down the supply chain, but is complicit as a result of failing to comply with its human rights due diligence obligations. Also, vicarious liability rules prevent corporate liability for management conduct in many instances which arise in the disarticulation in the supply between the global retailer and the many small subcontractors at the lowest tier.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 48
- Paragraph text
- While businesses continue to rely on social audits as a key element of their human rights due diligence programmes and to assess their own facilities and those of their business partners, many believe that auditing has had a limited impact on identifying and eliminating contemporary forms of slavery from supply chains. New strategies are therefore required that move beyond auditing and include proactive independent investigations and robust independent verification, which incorporate consultations with workers with due regard to confidentiality and privacy. Consumer and trade union advocacy can play an important role in ensuring the involvement of workers and their representatives in such processes. Largely as a result of stakeholder criticism, some companies have already piloted new protocols that prioritize the confidential testimony of workers and attempted to develop more robust investigative techniques, sometimes in partnership with civil society.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
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.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
Debt bondage as a key form of contemporary slavery 2016, para. 44e
- Paragraph text
- [Despite the efforts of various countries to eradicate and prevent debt bondage, there are still challenges in implementing adequate measures in this regard, including:] The ineffectiveness or non-existence of adequate mechanisms to identify bonded labourers, including the lack of ongoing identification programmes conducted in the formal and informal sectors and the lack of particular methods for identifying bonded labourers. Other challenges in this regard include the insufficient resources allocated for the purposes of identification; the non-proactive attitude by officials to seeking out and finding cases of debt bondage; the lack of data, which could be obtained through surveys to identify the number of persons in debt bondage and the sectors where it is the most prevalent; and the failure by the authorities to recognize new forms of debt bondage, such as seasonal debt bondage;
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2016
Párrafo
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.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
Manifestations and causes of domestic servitude 2010, para. 32
- Paragraph text
- The mechanization of agriculture, rural-urban migration and the development of labour-intensive export industries, coupled with the erosion of workers' rights outside the traditional bonded labour context, have led to the emergence of patterns of "neo-bondage", whereby destitute people commit themselves to working off loans or wage advances obtained from their employer and cannot default on this debt, not least due to a fear of extrajudicial enforcement. In this context, researchers note an increasing feminization of bonded labour and some of the victims end up in bonded domestic servitude.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Movement
- Violence
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
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.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Humanitarian
- Violence
- Personas afectadas
- N.A.
- Año
- 2011
Párrafo
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.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Personas afectadas
- N.A.
- Año
- 2011
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 49
- Paragraph text
- Company-level grievance mechanisms, which range from complaints boxes to telephone hotlines, are being created to identify human rights violations and other forms of abuse. Their effectiveness is often dependent on information exchange between business peers and companies often rely on multi-stakeholder initiatives to develop efficient systems.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 64
- Paragraph text
- It also remains a challenge for transnational businesses with complex supply chains to conduct human rights due diligence on all levels of their supply chains, particularly where they have no direct business relationship with subcontractors. The same applies for labour supply chains, the informal economy and the production, harvesting or extraction that occurs at the commodities level of the global economy.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
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.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Within the design of such surveys, provisions should be included to provide immediate assistance to identified bonded labourers. The steps taken must ensure the safety of labourers and protect them from any threats or reprisals from employers.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Personas afectadas
- N.A.
- Año
- 2016
Párrafo
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.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2013
Párrafo
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Ensure that robust anti-discrimination legislation is in place to protect groups that can become vulnerable to debt bondage because of multiple and intersecting forms of discrimination.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Personas afectadas
- N.A.
- Año
- 2016
Párrafo
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Undertake public-awareness-raising campaigns to challenge stigma and prejudices towards groups vulnerable to debt bondage, and sensitize populations to the rights of such people.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Personas afectadas
- N.A.
- Año
- 2016
Párrafo
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] In addition, ensure that the relevant legislative provisions declare null and void all debt contracted during any period during which a person was held in debt bondage.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2016
Párrafo