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Note on the twenty-fifth
session of the Working Group on
Contemporary Forms of Slavery of the Sub-Commission
on the Promotion and
Protection of Human Rights
(14 -23 June 2000)
The Working Group on Contemporary Forms of Slavery held its twenty-fifth session from 14 to 23 June 2000 at Geneva. As decided in 1998, the WG devoted a priority attention to the question of bonded labour and debt bondage.
Other items on the agenda included: Election of the Chairperson and adoption of the agenda; Review of the implementation of and follow-up to the conventions on slavery; Review of developments in the field of contemporary forms of slavery and measures to prevent and repress all contemporary forms of slavery, including the consideration of corruption and international debt as promoting factors of contemporary forms of slavery; Economic exploitation (Child labour, migrant and domestic workers); Sexual exploitation (traffic in persons, sexual exploitation of children); Other forms of exploitation; and activities of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery.
The Working Group on Contemporary Forms of Slavery is an inter-sessional working group of the Sub-Commission on the Promotion and Protection of Human Rights composed of five of its members. Its members are designated by the Sub-Commission.
Ms. H. Warzazi (Morocco) was re-elected Chairperson of the Working Group. The other members of the WG were: Mr. R. Goonesekere (Sri Lanka), Mr. M. Alfonso Martinez (Cuba), Ms. A. Motoc (Romania), Mr. D. Weissbrodt (United States of America).
Bonded labour and debt bondage
At the beginning of
the 21st century, bonded labour and debt bondage are still a practice that
keeps millions of men, women and children throughout the world in servitude.
Thus, it was an important point of discussion for the Working Group, which
heard on this issue a large number
of Statements from States and non-governmental
organizations, as well as testimonies of individuals. The Voluntary Trust
Fund of Contemporary Slavery provided financial assistance to about 20
non-governmental organizations, enabling their representatives to participate
in
the deliberations of the WG.
The WG recommended that
the issue of bonded labour should be regarded as a priority issue by the
governments of States concerned by the issue and called upon them to clear
away all obstacles to abolish bonded labour and debt bondage. The members
of the WG strongly
recommended to States to introduce laws
explicitly prohibiting debt bondage or bonded labour, and to ensure the
effectiveness and application of these laws. The WG further recommended
that States set up monitoring committees to investigate reports of debt
bondage and to generate the number of victims. The WG was convinced that
primary education was a key element to enable bonded labourers to escape
from servitude and to prevent the perpetuation of this practice.
Economic Exploitation - Child labour, migrant and domestic workers
Migrant workers are frequently subject to discriminatory rules and regulations which undermine their human dignity. They are sometimes unpaid and deprived of all their rights, being often forced to live separately from their spouses and their minor children. The WG condemned the unequal treatment of migrant workers. It urged governments to ensure protective regulations and to provide for safe working conditions, with a view to ensure their development and participation in their community.
During the meeting,
a former "Restavec" (children who reportedly are used as house servants
by well-to-do families, and who receive no pay and are kept out of school)
named Robert Cadet, gave testimony about his life in servitude and the
exploitation of children in Haiti. He
further explained that their situation
was a result of the economic situation of the country.
Zenabu, a girl from
Niger, gave testimony of her sufferings as a child domestic worker. The
WG was concerned about the abusive treatment of girls and women as domestic
workers and was convinced that compulsory and free primary education was
an essential tool to combat
child labour. It therefore urged States
to enact and implement laws to ensure free and compulsory primary education.
The WG noted with concern
the gender discrimination prevailing in situation of exploitation. As a
matter of example, girls are more vulnerable as domestic workers and potentially
more exposed to sexual abuse. The States were therefore urged by the WG
to eliminate child labour
and all discrimination against girls in
education, skills development and training.
Internet and sexual exploitation
The Internet is a valuable medium of communication, but also promotes various new and traditional forms of sexual exploitation. The WG was alarmed that the Internet was used for prostitution, pornography, live sex shows, as well as paedophilia, rape videos, mail order brides and other forms of sexual exploitation.The WG suggested to governments to prevent the misuse of the Internet by legal means and called for stronger cooperation of governments and national law enforcement bodies. The WG invited the States to set up of a mechanism for a better legal control of the Internet.
Sale of children, child prostitution and child pornography
The members of the WG
were very concerned about the sale of children and the growing number of
children subjected to prostitution and pornography. Being aware of this
situation the WG decided to consider the issue of exploitation of children
as a priority at its 27th session
in 2002. It further requested the Secretary-General
to invite all States to inform the WG about the measures taken to implement
all relevant conventions, declarations and programs of action.
The WG noted the recent adoption of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC), as well as the concern expressed by various participants, concerning the protocol's potential to weaken protection for children in comparison with the provisions of the CRC.
In that regard, the WG invited States to consider the establishment of a Voluntary Trust Fund aiming at assisting the Committee on the Rights of the Child in a strengthened implementation of the optional protocol, in harmony with the provisions of the CRC.
Poverty and Corruption
Many NGOs and members
of the WG stressed the role of corruption, and poverty at the national
level, as main causes for the continuation of slavery and slavery-like
practices. Even though adequate legal framework may exist, corruption at
different levels, can pervert the rule
of law and stop any law from producing
positive results. The WG therefore urged governments to take adequate steps
to eradicate corruption and encouraged international agreements to improve
training and professionalism of law enforcement personnel.
Trafficking in persons
An important part of the debate was devoted to trafficking in persons. The WG was alarmed at the rapid expansion of the global sex industry and recognized that women and children, as well as minorities, refugees, migrants and indigenous people were especially vulnerable to trafficking and related forms of exploitation, especially sexual exploitation. Concern was expressed in view of new types of trans-border trafficking and of the connection between globalization, national immigration policies and trafficking.
In this context, the WG urged Governments to ratify all relevant conventions and to introduce plans of action and it also encouraged them to ensure that victims of sex trafficking and sexual exploitation are not subjected to criminal proceedings. In view of the main causes of trafficking, namely poverty and corruption, the WG strongly recommended that States ensure the effectiveness of the rule of law and prosecute criminals involved in these acts.
The WG further recommended
that States provide victims of trafficking with social services, including
medical care, shelter, legal services, education, job training and employment,
as well as safe return to their country, if they so wish. Community-based
prevention programmes,
were considered by the members of the
WG, as valuable instruments to educate people and thus reduce the risks
of trafficking and sexual exploitation. The WG called also for an exchange
of information between national enforcement agencies to prevent actions
of traffickers. It also
called for the implementation of the 1949
Convention on the Suppression of the Traffic in Persons and the Exploitation
of the Prostitution of Others.
Some NGOs and some of
the members of the WG expressed their concern about the proposed definition
of "trafficking" in the present version of the draft Protocol to the new
Convention Against Transnational Organized Crime addressing Trafficking
in Person, especially women
and children. This definition, if kept
as it is, would move the burden of proof to the victim of trafficking,
which would have to prove that he/she did not give his/her consent.
In view of the importance
of the issue and ongoing initiatives at the national and international
levels, the WG decided to consider the question of trafficking in persons
as a priority issue at its next session in 2001. In its report, the WG
invited all interested governments, NGOs,
specialized agencies and others, to contribute
to the next session and to participate in the debate.
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