WUNRN
Website of the UN Special Rapporteur on Contemporary Forms of Slavery:
http://www.ohchr.org/EN/Issues/Slavery/SRSlavery/Pages/SRSlaveryIndex.aspx
Collective Statement of the UN Special Rapporteur on Contemporary Forms of Slavery with the Special Rapporteur on Violence Against Women, the Special Rapporteur on Internally Displaced Persons, and the Independent Expert on Human Rights of Older Persons - http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15343&LangID=E
ELIMINATE VIOLENCE AGAINST INTERNALLY DISPLACED WOMEN & GIRLS, SAY UN EXPERTS ON THE INTERNATIONAL DAY FOR ELIMINATION OF VIOLENCE AGAINST WOMEN
Scroll down to Human Rights Council Session 27 Special Rapporteur on Contemporary Forms of Slavery Full Report: http://www.ohchr.org/EN/Issues/Slavery/SRSlavery/Pages/AnnualReports.aspx
MULTIPLE GENDER DIMENSIONS
|
|
United Nations |
A/HRC/27/53 |
|
|
|
General
Assembly |
Distr.: General 22 July 2014 Original: English |
|
Human Rights Council
Twenty-seventh session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on contemporary
forms of slavery, including its causes and consequences,
Urmila Bhoola*
III. Priorities of the Special Rapporteur for the period 2014–2017
1. In accordance with Human Rights Council resolution 24/3, the newly appointed Special Rapporteur on contemporary forms of slavery, including its causes and consequences, will examine and report on all contemporary forms of slavery and slavery-like practices, in particular those defined in the Slavery Convention of 1926 and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956, as well as all other issues covered previously by the Working Group on Contemporary Forms of Slavery. She will also continue to promote the effective implementation of the International Labour Organization (ILO) Forced Labour Convention, 1930 (No. 29) and the 2014 Protocol thereto,[1] as well as ILO Convention No. 189 (2011) and Recommendation No. 201 concerning decent work for domestic workers, which represent a significant advance in the international legal framework protecting the rights of domestic workers, including the right to education for child domestic workers.
2. During her tenure, the Special Rapporteur will continue to address the different forms of contemporary slavery, including subtler forms of slavery that deserve specific attention, such as bonded labour, domestic servitude, early and forced marriage, child slave work, servile marriages and caste-based forms of slavery, which affect the lives of many and are not confined to developing and poor countries. She will also continue to work on the remaining challenges to the eradication of contemporary forms of slavery, as highlighted by her predecessor in her report to the Human Rights Council at its twenty-fourth session (A/HRC/24/43).
3. The Special Rapporteur will continue to investigate, monitor and address, relying on the support of governments, other United Nations agencies and mechanisms, civil society organizations, trade unions, employers and activists, various contemporary manifestations of slavery involving children in agriculture, tobacco tilling, cotton picking, entertainment, construction, mining and quarrying.
4. In particular, the Special Rapporteur views the elimination of domestic servitude as a key priority of the mandate, as that form of slavery continues to exist across both developed and developing countries. Women, low-skilled migrant workers, indigenous people, internally displaced persons and other marginalized groups and groups that are discriminated against are the most vulnerable to exploitation in domestic servitude.[2]
5. In that regard, the Special Rapporteur will follow up on the key recommendations made by her predecessor for the elimination of all forms of domestic servitude. In her report to the Human Rights Council at its fifteenth session (A/HRC/15/20), the previous Special Rapporteur addressed the root causes of domestic servitude and its impact on women and children and made concrete recommendations for the monitoring and enforcement of labour standards. Besides the implementation of existing recommendations, which remains a key challenge, more research, notably qualitative reporting and situational analysis, is required on the often invisible workers in domestic servitude, including their existence in developed economies, which is often obscured.[3]
6. The Special Rapporteur is concerned about the continued high prevalence of children in domestic servitude, bonded labour and other forms of slavery. Children in domestic work present a particular concern globally, in both developed and developing countries. Many child domestic workers are not only subject to exploitation and hazardous work, but often work in circumstances amounting to slavery or bonded labour in order to fulfil debts that they or their parents have incurred to the employer or to recruitment agents. An estimated 15.5 million children below the age of 18 are in paid or unpaid domestic work in the home of a third-party employer, of whom 10.5 million are estimated to be child labourers, either because they are under the legal minimum working age or are working in hazardous conditions or conditions tantamount to slavery.[4] Furthermore, girls outnumber boys and they face specific additional vulnerabilities in the context of migration and are more likely to end up being trafficked for commercial sexual exploitation. The Special Rapporteur is committed to working with the International Labour Organization, non-governmental organizations and other stakeholders towards eliminating every vestige of child slavery in the world. Children should be at school or play, not at work; and the continued violation of their human rights should be an urgent global priority for Member States and the international community.
7. In addition to children in domestic servitude and other forms of slavery, the Special Rapporteur is concerned about the uneven implementation, and in some areas retrogression, of the human rights of women as guaranteed under international law, including the Convention on the Elimination of All Forms of Discrimination against Women. Women are disproportionately affected by forced labour. Of the estimated 21 million people in situations of forced labour, 11.4 million (55 per cent) are women and girls.[5]
8. Another area of focus for the Special Rapporteur is the role of business, in particular transnational corporations, in promoting and using forced labour in global supply chains.[6] Recent estimates suggest that the total profits obtained from the use of forced labour in the private economy worldwide amount to US$ 150 billion per year.[7] Victims of forced labour exploitation, including in domestic work, agriculture and other economic activities, such as construction, manufacturing, mining or utilities, generate an estimated US$ 51 billion in profits per year.
9. While the profit motive drives the demand for forced labour and other contemporary forms of slavery, it is underpinned by “push” factors such as increasing household vulnerability to income shocks, which push more households below the absolute poverty line; lack of education and illiteracy; as well as loss of work and deprivation of land, which force increased informal-sector work, migration and trafficking. The disproportionate impact of those factors on women and girls, who constitute more than half of the victims of forced labour, has been widely documented.
10. There is thus a need to address the structural and systemic causes of poverty and inequality, which render the poor and marginalized most vulnerable to slavery and labour exploitation. The proposed post-2015 sustainable development goals provide a comprehensive framework for addressing those issues and setting clear targets and indicators for both developed and developing countries to eliminate labour exploitation and manifestations of contemporary forms of slavery once and for all.
11. 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.
12. Another key area of focus of the mandate of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, is child and forced marriage. The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery obligates Member States to take all “practicable and necessary legislative and other measures to bring about progressively and as soon as possible the complete abolition or abandonment” of, inter alia, any institution or practice which amounts to forced marriage, such as when a woman, without the right to refuse, is promised or given in marriage on payment to her parents, guardians, family or another person or group; when a husband, his family or his clan transfers his wife to another person for value received or for any other reason; or the inheriting by another person of a woman on the death of her husband (see art. 1). Early and forced marriage can, under certain circumstances, constitute servile marriage or result in domestic servitude or other forms of slavery. The previous mandate holder drew links between child marriage and slavery, and pointed out that Member States were obliged to prohibit and eliminate slavery as a non-derogable and fundamental principle of international law.[8] Child marriage is linked to the thematic issues of trafficking for forced labour, commercial sexual exploitation, migration and contemporary forms of slavery, which reinforces the need for cooperation among the respective mandate holders as part of a comprehensive multi-agency and multi-stakeholder effort to eradicate those practices from society, as women and girls in child and forced marriages may experience conditions within the marriage that meet “international legal definitions of slavery and slavery-like practices”, including forced labour. Furthermore, “a potentially high proportion of child marriage cases appear to constitute the worst forms of child labour under the 1999 ILO Convention No. 182.”[9]
13. 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.
14. 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.
IV. Conclusion
15. 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.