Despite the passage of Act No. 9777 in December 1998, the number of forced labourers (generally referred to as "slave labour" in Brazil) identified and released during 2001 has increased dramatically.

Figures from the Brazilian Government show that between January and October 2001 the Special Group for Mobile Inspection released 960 workers from conditions of slavery. This is by far the largest number of releases in a single year since inspections started in 1995. During the whole of 2000 only 588 workers were rescued from slave labour. The Pastoral Land Commission (CPT) reported that between January and November 2001 some 2,215 people were identified as working in slavery like conditions.1

While the Special Group has released a record number of forced labourers during 2001, there is little doubt that its work is being hampered by a lack of resources, insufficient powers to prosecute and the high level of impunity which exists for those who use forced labour.

According to the CPT, the delay between reporting an incident of forced labour to the Special Group and the inspection actually taking place has increased considerably during the last year. CPT state that it regularly takes between 15 to 45 days for an inspection to take place whereas in the past the delay was usually only four to five days.2

Delays in carrying out an inspection give those using forced labour time to move workers, thereby seriously undermining the chances of releasing the workers or securing prosecutions. The Special Group must be given the resources (staff, vehicles, etc) and support from the regional authorities (including police back-up) to carry out its operations quickly and efficiently. If there are delays in organising the inspection, then the operation is likely to end in failure.

Impunity and inadequate sanctions

Over 2,000 people have been released from slave labour between 1999 and 2001. However, the Government of Brazil's report to the International Labour Organization (ILO) Committee of Experts only refers to a single trial being held in 2001 and does not indicate that any penal sanctions have been imposed for the use of forced labour.3

Impunity and the lack of effective administrative sanctions are major factors in explaining the increasing incidence of slave labourer in Brazil. This is illustrated by the fact that six out of the 15 farms where forced labour was reported in south and southeast of Pará state, between January and September 2001, had been repeatedly accused of using slave labour in the last 10 years.4

The Ministry of Labour's recent decision which reduces the fines that can be imposed on those using forced labour in the rural sector, which is generally where it takes place, will only exacerbate the problem.

A further negative development took place on the 9 April 2001, when three landowners from the south of Pará state, including one who has been denounced for using slave labour, signed an agreement (Termo de compromisso) with the Labour Prosecution Service and the Regional Labour Delegation of Pará. The agreement means that the federal police no longer have the authority to investigate cases of slave labour in this region.

Federal police participation in inspections is vital for security, but also because it is up to the Federal Police or the Federal Procurator's Office to investigate a case and decide whether criminal proceedings can be brought. Ministry of Labour officials can only bring administrative sanctions which, as indicated above, are not an effective deterrent.

Conclusion and recommendations

Anti-Slavery is very concerned by the increasing number of cases of forced labour which have been reported in Brazil in the last year. The Special Group has released more people during 2001 than in any previous year, but still appears to be lacking adequate resources, support and powers to stop the rise in the use of slave labour.

The lack of prosecutions and successful convictions, along with the inadequacy of administrative sanctions is allowing those who use forced labour to do so with virtual impunity.

The Ministry of Labour decision which reduces the fines that can be imposed in the rural sector and the agreement reached with landowners in Pará state which prevents federal police from investigating cases of slave labour in this region are both extremely negative developments. These decisions will further undermine the work of the Special Group and send a signal that combating forced labour is not a priority for the Government.

In view of the above, Anti-Slavery urges the Brazilian Government to take urgent action to:

1. Provide the Special Group with the necessary material resources and institutional support to allow it to carry out its work effectively.

2. Secure successful prosecutions and apply effective sanctions against all those using forced labour.

3. Make information publicly available regarding the number of prosecutions initiated, convictions secured and punishments given under Act No.9777 and section 149 of the Penal Code, along with details of the number of fines imposed and collected for the use of forced labour.