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The impression given by much of the information presented to the
Working Group about bonded labour by Anti-Slavery International
over the past 25 years is that we are an organisation which monitors
violations of international standards on this form of slavery, referred
to by international organisations variously as debt slavery, servile
status, or a form of forced labour. Consequently we give the impression
of being preoccupied primarily with abuses and with cases where
States are failing to prevent abuse and to implement their own standards
and laws.
In practice, however, much of our own time is spent in pursuit of
solutions, looking at what works or has worked in helping victims
of debt bondage free themselves and in suppressing the practice
of bonded labour. So we would like to share some of our observations
with you in order to assist the Working Group in formulating the
most useful and appropriate Recommendation this year in its final
report, in the knowledge that some of the Working Group's detailed
and extensive proposals in the past, such as those presented as
"programmes of action", have subsequently been transmitted by the
Sub-Commission to the Commission on Human Rights and endorsed by
the governments represented there.
Our experience tells us that having clear law and procedures for
implementing the law on debt bondage is an important first step,
but it is only a first step. Undoubtedly, one of the reasons why
debt bondage is so extensive among migrant communities around the
world today, and has been noted in the past year in countries such
as the United Kingdom and the United States, is that such countries
made the incorrect assumption that bonded labour was only something
which happened on the other side of the world, and did not require
specific legislation in their jurisdiction. The law enforcement
agencies of such countries tend to know how to measure conditions
at work, and how to detect individuals whom they regard as illegal
immigrants, but to regard it as far more difficult to identify forced
labour or debt bondage.
In the principle countries where debt bondage is reported today,
however, there are invariably major problems in implementing laws
against debt bondage, generally on account of the strong links at
local level between the employers or controllers of bonded labour
and the State officials responsible for implementing the law.
Several countries have sought ways around this complicity by establishing
a single central police unit, at federal or national level, to carry
out inspections or raids, on places where bonded labour is reported,
without local officials having a chance to inform employers beforehand.
This is evidently expensive, but has proved relatively successful
in a country such as Brazil, which has had a Special Group for Mobile
Inspection (Grupo Especial de Fiscalização Móvel) to free
slave labourers since 1995.
There are other techniques, however, which start at grass roots
level rather than being imposed from above, and which deserve attention
in any exercise of identifying "best practice" to end bonded labour.
Of course, there is the context of poverty and inequality which
create the conditions for debt bondage and which require combating,
but on the whole I think this Working Group can focus most usefully
on more mundane or pragmatic ways forward.
It has been mentioned repeatedly in this session that combating
debt bondage means mobilising or organising the victims, particularly
as the exploiters of bonded labour often form a quite cohesive group
themselves. There have been many different experiences of doing
this and of providing the moral support, practical assistance and
training which is necessary, and there are experts with substantial
experience attending this session of the Working Group. Ironically,
in a year when the international community has been giving particular
attention to the issue of freedom of association at the International
Labour Conference, individuals and organisations providing this
sort of assistance to bonded labourers tend to be regarded by many
funders with suspicion, so they have difficulty in getting the financial
support needed. It is as if they were regarded as "proto-revolutionaries",
and as if changing the social order which allows slavery or servitude
to continue were not a legitimate and praise-worthy activity.
Mobilising bonded labourers to oppose collectively their exploitation
and to insist on their basic human rights being respected, implies
a significant injection of education, both general education to
allow bonded labourers to be informed of the alternatives to their
predicament, and specific human rights education to allow them to
see in which ways they are being abused and what rights they have
and can hope to secure.
And education in its broadest sense is evidently needed throughout
a society in which debt bondage is occurring, education about the
practice and about the reasons why it is wrong. And education is
often needed by very educated people who believe so strongly in
the law of contract that they assume that debt bondage is an acceptable
practice. Such education is sometimes referred to as "awareness
raising" and governments sometimes object to it on the grounds that
informing people about a problem such as bonded labour is tantamount
to admitting that debt bondage or debt slavery exists within their
jurisdiction, and invariably they would prefer to pretend that this
is not the case.
Mobilisation and education have proved crucial steps in the campaigns
against debt bondage. But of course there is also the issue of providing
economic alternatives so that poor people who need employment and
need credit are not left in complete destitution and obliged to
return to bondage as a result of a lack of economic alternatives.
Successful rehabilitation of bonded labourers in India, for example,
has almost always been accompanied by schemes to give them control
over some resources, either through the provision of micro-credit,
or by the State giving them land or other productive resources,
such as livestock (along with any training necessary to take advantage
of these properly). At international level, there have been sporadic
attempts to support and learn from such initiatives, in order to
find out which economic alternatives succeed, and which ones simply
land former bonded labourers back in much the same predicament as
before.
At the end of the day, what seems to be needed is a mix of psychological
liberation, convincing an individual bonded labourer that he or
she can be free, and economic support, allowing those either freed
with the support of others, or who make their own decision to be
free, to maintain their liberty and personal independence.
Within all these alternatives, there is clearly room for the Working
Group to promote studies on "best practice". Some important steps
have already been taken, however, even though they sometimes seem
to be forgotten.
Responding, it seems, to an invitation contained in this Working
Group's recommendation on bonded labour adopted in 1990 (E/CN.4/Sub.2/1990/44,
paragraph 122), the International Labour Organization held a seminar
in Islamabad (Pakistan), in 1992 on the issue of child bonded labour,
and the resulting "Programme of Action against Child Bondage" prepared
by the ILO in collaboration with the UN Centre for Human Rights
(ISBN 92-2-1080730) mentions most of the areas of activity which
are required to end bonded labour, whether it affects children specifically,
or adult women or men, or, as so often, entire families. It specifies
a range of measures which States can take against bonded labour,
including action to develop government policy, legislation, law
enforcement, education, training, rehabilitation, community mobilisation
and raising public awareness about the unacceptability of bonded
labour.
With the huge expansion in activities to deal with child labour,
which the world has seen since 1992, it seems that this Programme
of Action has been forgotten. It would form an excellent basis for
relaunching work against bonded labour, and it would be helpful
for the Working Group to ensure that governments are made aware
of it, or even that it is revised to be made explicitly applicable
to all forms of debt bondage, and not just to under-18s.
This Programme of Action appears to have its origins in a recommendation
made by this Working Group in 1990, inviting the ILO "to consider
the possibility of envisaging a seminar or workshop on bonded labour",
and ten years later it seems timely for the Working Group to return
to this idea, and to invite the ILO and others to hold a seminar
or workshop to assess more formally what the most effective techniques
have been for eradicating debt bondage, in particular to assess
what forms of international support are most appropriate for community
mobilisation and to enable bonded labourers to make use of their
rights to freedom of association, and what techniques have proved
most effective in facilitating the rehabilitation and reintegration
of victims of debt bondage.
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