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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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Persons on the move
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. 32
- Paragraph text
- In South Asia, several countries have provisions in their national constitutions from which further enacted legislation on debt bondage flows directly. For example, article 23 of the Constitution of India prohibits trafficking in human beings, begar (debt bondage) and other similar forms of forced labour, as an enforceable right. Article 11 of the Constitution of Pakistan prohibits slavery and forced labour. Article 29 of the Constitution of Nepal prohibits debt bondage and other forms of forced labour and specifies that an employer contravening the prohibition must pay compensation. In Brazil, article 243 of the Constitution provides for the expropriation of rural or urban property in which the use of slave labour has been identified and its consignment to agrarian reform and social housing.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. 44g
- 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 absence of measures to specifically target the factors that cause or facilitate debt bondage, such as poverty, illiteracy, lack of access to decent work, social exclusion and discrimination. Also, the absence of measures to address cultural and economic pressures in some countries (e.g. in relation to marriage) and to ensure access to education, health and social security;
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. 40
- Paragraph text
- People in debt bondage tend to have experienced a low level of access to education, which frequently results in illiteracy and innumeracy. This leads to a lack of alternative employment options and makes them vulnerable to exploitation from their employers. Illiteracy and innumeracy allow employers or recruiters to manipulate loans, interest rates and wages. Poor remuneration in previous employment is considered to be a major cause of debt bondage, as workers are forced to take loans or advances to cover basic subsistence needs.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Education
- Poverty
- Personnes concernées
- All
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] As stated above, ensure that legislation is in place to protect from discrimination those who are vulnerable to bonded labour in order to prevent situations of exploitation.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Put in place comprehensive programmes that allow identified bonded labourers to be able to access the support that they need to fulfil their right to rehabilitation.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Personnes concernées
- All
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
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).
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Ensure full respect of the rights to freedom of association and of peaceful assembly, as well as the right to collective bargaining, to support decent work and the ability of bonded labourers to advocate for their rights.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Economic Rights
- Personnes concernées
- All
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Eradicating contemporary forms of slavery from supply chains 2015, para. 21
- Paragraph text
- Although more research into the scope and prevalence of contemporary forms of slavery is required, various small-scale studies (for example, on the garment, conflict mineral, seafood, sporting goods, handmade carpet and tea industries) show that products from the informal sector enter global supply chains and are also part of domestic economies in the developing world, often in the most labour-intensive sectors. Human rights violations in the sourcing of conflict minerals, for example, have received much attention, but more research is required to identify the scope and prevalence of contemporary forms of slavery in supply chains of specific commodities and particular sectors. The sectors mentioned in the present report are therefore not meant to be a comprehensive list, but an indication of where contemporary forms of slavery have been reported to occur.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2015
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe
Eradicating contemporary forms of slavery from supply chains 2015, para. 68e
- Paragraph text
- [Against this backdrop, the Special Rapporteur wishes to make the following recommendations to States:] States must ensure that those affected by business-related human rights abuse, including victims of forced labour and other contemporary forms of slavery, have the right to an effective remedy by taking appropriate steps to ensure the effectiveness of judicial mechanisms, providing effective and appropriate non-judicial grievance mechanisms, facilitating access to effective non-State-based grievance mechanisms and reducing barriers that could deny access to remedy for victims;
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Violence
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Eradicating contemporary forms of slavery from supply chains 2015, para. 24
- Paragraph text
- In the garment and textile sectors, reports indicate a significant risk of contemporary forms of slavery occurring in the complex subcontracting that characterizes the industry in many parts of the world, including the sometimes home-based and informal workshops operating on the margins of the formal economy. Subcontractors such as these are often overlooked both by labour inspections and due diligence systems, making workers in these supply chains particularly vulnerable to exploitation given the quick turnaround time to meet orders from global fashion brands and consumer needs. Contemporary forms of slavery have often been cited as occurring in global supply chains of international brands.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2015
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe
Eradicating contemporary forms of slavery from supply chains 2015, para. 59
- Paragraph text
- For victims of contemporary forms of slavery, including those in supply chains, remedies may include compensation, medical and psychological care, free legal aid and social services, effective measures aimed at the cessation of continuing violations and alternative livelihood support measures. However, the right to an effective remedy for many workers, in particular the most vulnerable in supply chains, remains largely elusive and redress for corporate human rights violations is hampered by many barriers, including the high costs of litigation and a lack of a free legal aid. Moreover, the victims, especially if not members of trade unions, may not be aware that their rights have been violated. In extreme instances, workers may be enslaved and physically unable to enforce their rights.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2015
Paragraphe
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;
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2015
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe