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Challenges and lessons in combating contemporary forms of slavery 2013, para. 56
- Paragraph text
- Some countries have also taken action to punish perpetrators of contemporary forms of slavery and compensate their victims. In Argentina, in one notable court case, a judge ordered the owners of a garment factory that was employing Bolivian workers under conditions of forced labour to turn the factory over to the workers. In the Plurinational State of Bolivia, the Government has confiscated land on which individuals were subject to forced labour and turned it over to those who were forced to work on it. In 2013, the state of São Paulo in Brazil passed a law that makes companies liable for contemporary forms of slavery in their production chains (including in the operations of their subcontractors). The law allows the state government to cancel complicit companies' tax registration for 10 years, thereby making it impossible for them to continue operating legally. In May 2013, the Governor of São Paulo signed a decree enacting the above-mentioned Law 14.946, and the Senate of Brazil was considering passing the Proposed Constitutional Amendment (PEC) 57A/1999, which allows for the expropriation of the property of companies that have subjected workers to contemporary forms of slavery.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 55
- Paragraph text
- As mentioned above, the issue of servile marriage in conflict was recently highlighted by the adoption of a landmark judgement by the Special Court for Sierra Leone in Prosecutor v. Brima et al, in which it recognized forced marriage as a crime against humanity under international criminal law for the first time.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 17
- Paragraph text
- The Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29), outlines measures for prevention and elimination of forced labour and emphasizes the need for victim protection and access to appropriate and effective remedies, such as compensation. One of the preventive measures it sets out is "supporting due diligence by both the public and private sectors to prevent and respond to risks of forced or compulsory labour" (art. 2 (e)). The non-binding ILO Recommendation 203, providing practical guidance on the Protocol, while not referring specifically to supply chains, contains a provision on preventive measures, in which States are called on to provide guidance and support to employers and businesses to take effective measures to identify, prevent, mitigate and account for how they address the risks of forced or compulsory labour in their operations or in products, services or operations to which they may be directly linked (section 4 (j)). The Protocol is largely aligned with the Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework (see below), although it is limited because, inter alia, it focuses only on forced labour and not on all human rights violations.
- 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
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Establish and/or update comprehensive national action plans for the eradication of contemporary forms of slavery including debt bondage. The national action plans should outline measures to prevent and eradicate debt bondage, and ensure the protection of persons released from debt bondage.
- 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
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 57
- Paragraph text
- At the regional level, courts have also enforced slavery laws. For example, in 2008, Niger - which had criminalized slavery in 2003 - was brought before the Economic Community of West African States Community Court of Justice, which ruled that Niger was responsible for failing to protect 24-year-old Hadijatou Mani from 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 45
- Paragraph text
- Another challenge in combating contemporary forms of slavery is the failure of Governments in some countries to adequately protect victims, while in other countries punitive actions by the State can exacerbate worker vulnerability, in some cases forcing workers deeper underground and making it harder to detect victims.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 89
- Paragraph text
- Some countries have enacted legislation that provides that a rapist may be acquitted of rape if he marries his victim. These laws do not consider the victim to be a victim and do not take into account her rights as they favour only the perpetrator of the crime. The victim's rights are further violated when she is forced to marry her rapist and enter a servile marriage.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 97
- Paragraph text
- [Domestic workers have made impressive gains in organizing themselves across the globe. More efforts are needed, however, to empower individual workers. The Special Rapporteur recommends:] States should abolish all legal or factual obstacles preventing domestic workers from exercising their human right to freely associate, including in trade unions.
- 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
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 86
- Paragraph text
- Responding to a international campaign led by domestic workers associations, the ILO Governing Body decided to place an item on decent work for domestic workers on the agenda of the ninety-ninth session of the International Labour Conference (June 2010). In a landmark decision, the Conference decided to adopt standards concerning decent work for domestic workers, which are to take the form of a binding convention supplemented by a recommendation.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 43
- Paragraph text
- The State's ability to enforce the law can also be weak in remote and isolated areas. In the Plurinational State of Bolivia, for example, the State had a weak presence in the Chaco region, resulting in a failure to comply with ILO Convention No. 29. In Peru, research indicates that the Government's capacity to enforce labour and criminal law in protected and remote areas is limited by the danger and costliness of entering them. Owing to a fear of heavily armed groups operating illegally, the authorities are not able to enter protected areas unless they are provided with military 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 14
- Paragraph text
- Large-scale mining companies undergo regular inspection and have unionized workers; however, child slavery in the mining and quarrying sector normally occurs in the small-scale (artisanal) mining and quarrying sector. The mining sector includes the extraction of minerals (such as coltan), precious metals (such as gold and silver), precious stones (such as diamonds and rubies) and semi-precious stones (such as tanzanite). Quarrying is extraction from an open pit in order to acquire stone or aggregate (sand, gravel or crushed rock) for the construction industry.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 77
- Paragraph text
- There are positive examples of States adopting specific norms to protect domestic workers and thereby discouraging domestic servitude. South Africa, for instance, has introduced a minimum wage for domestic workers. Labour legislation in Hong Kong, Special Administrative Region of China, foresees a minimum wage, overtime pay, a weekly day of rest, maternity leave and paid annual leave for domestic workers. Austrian law requires that live-in domestic workers have at least a 10-hour period of daily rest, including during the night hours of 9 p.m. to 6 a.m.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 74
- Paragraph text
- Some Governments in countries that produce goods associated with contemporary forms of slavery have taken steps to publicize and punish individuals and companies that produce these goods. For example, Brazil passed a decree in 2003 containing a list, commonly referred to as "the Dirty List" of 52 individuals and entities that use or have used slave labour. The individuals and entities on the biannually updated list are barred from receiving national subsidies or tax exemptions and from engaging in financial arrangements with a number of public financial institutions. The Bank of Brazil denies financing to landowners who employ slave labour and the Ministry of National Integration recommended that private sector lenders also deny them financing. The Ministry of Labour's "dirty list" included 165 employers of slave labourers in 17 states in 2009, 220 employers in 2010 and 294 employers at the end of 2011.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 85
- Paragraph text
- As early as 1965, the ILO passed a resolution calling for normative action to improve the condition of domestic workers. However, this call has yet to be heeded by the international community of States. None of the 188 ILO conventions to date specifically addresses domestic workers. Instead, many key conventions contain "flexibility clauses" that have been used by certain States to specifically exclude domestic workers from the protective ambit of the conventions. Among more recent treaties, the Maternity Protection Convention (No. 183) and the Night Work Convention (No. 171) allow States to exclude "limited categories of workers when the application of the Convention to them would raise special problems of a substantial nature" (common art. 2).
- 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
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 34
- Paragraph text
- The Brazilian Ministry of Labour maintains a record of people and corporations found to be using slave labour, which has been termed the "dirty list", established by ministerial decree of 2003. The database was used by public and private companies that applied commercial and financial sanctions. The list grew to include 52 employers of slave labourers in 2003 to 609 as of July 2014. However, in December 2014, the Supreme Court granted an injunction to an association of construction companies, suspending the "dirty list". To date, attorneys from the Federal Government have not been able to re-establish the database. Another challenge to the list was launched following the Labour Prosecutor's Office finding that Zara Brazil (part of global brand Inditex) had directive power over the supply chain and litigation has ensued which includes a challenge to the constitutionality of the "dirty list". Also in Brazil, the Sao Paulo State Law to Combat Slave Labour, also known as the Bezerra Law, seeks to regulate the disclosure of slave labour.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
15 shown of 15 entities