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Since 2003 the Brazilian Government has shown a renewed commitment
to tackling the issue of forced labour, generally referred to as
slave labour in Brazil. However, there are concerns in the last
year that efforts to tackle forced labour are losing momentum.
The Government has taken an active role in recognising the existence
of slavery and promoting discussion of the issue among the general
public, the media and within government departments. This included
an appeal from the President to all farm owners to co-operate with
the state and become allies in combating slavery;1
a recognition at the UN Commission on Human Rights in 2004 that
slave labour continues to exist in Brazil; and a commitment by the
Government to eliminate slave labour by 2006.
As part of this commitment the human rights minister, Nilmário
Miranda, announced that free hotlines would be introduced to report
human rights abuses, including slave labour. The hotlines were to
be tested in Brasilia and, if successful, then extended to the rest
of the country.2 Anti-Slavery International
is not aware of any publicity given to the establishment of these
hotlines and would be interested to know how well they have been
used and what measures have been taken to raise awareness of them.
The Government also set up the National Commission for the Eradication
of Slave Labour (CONATRAE) which is a permanent forum bringing together
different government departments, the federal police and NGOs to
facilitate co-operation between these bodies and to discuss practical
solutions to the problem of slave labour. On 11 March 2003, President
Lula da Silva launched the National Plan for the Eradication
of Slavery. The National Plan has many positive proposals, including:
1. Improving the definition of slavery in Article 149 of the
penal code
On 12 December 2003, legislative amendments to the offence of reducing
someone to conditions analogous to slavery were approved, as proposed
in the National Plan.
These amendments ensure that those responsible for recruiting or
transporting workers into slavery have committed an offence under
the modified law. Penalties for offenders are also increased in
certain circumstances (for example where the crime is perpetrated
against a minor). However, the introduction of generalised terms,
such as "imposing an excessive working period" or "degrading
conditions of work" into the definition of the offence may
have the unintended consequence of making it more difficult to obtain
heavier sentences for those who use slave labour. Furthermore, the
minimum penalty for this offence remains two years in prison. It
had been expected that the minimum sentence would be increased to
five years in prison.
2. Expropriating property of those who use slavery
In February 2004, Brazil's Congress began to debate a constitutional
amendment that would allow the expropriation, without compensation,
of land belonging to those who maintain workers in conditions of
slavery. If approved this would provide a real sanction against
those using slave labour.
It has also been proposed that expropriated land will be used as
part of the Government's agrarian reform programme and thereby benefit
the very people that have been exploited.3
This is extremely important as statistics from the Department for
Labour Inspections show that up to 40 per cent of workers freed
from slave labour in the last eight years have been freed more than
once.4 Providing access to land and an increased
public commitment to social and economic policies which focus on
local development and employment would prevent workers from falling
back into conditions of slave labour.
The Chamber of Deputies has now approved this amendment but in
such a way that it is required to return to the Senate again for
approval before passing back to the Chamber. This has not yet happened
and there is concern at the apparent lack of government effort to
accelerate this procedure. As similar proposals for changes to the
law to allow expropriation have been discussed in Congress since
1995 there is great concern that this initiative may also become
stalled. There are also concerns that senior politicians are attempting
to downplay the problem of slave labour, including the new President
of the Chamber of Deputies, Severino Cavalcanti, who has made negative
comments about the proposed amendment on expropriation of land.
It is vital that senior officials and politicians give their backing
to Brazil's attempts to eradicate slavery.
3. Preventing those who use slave labour from accessing public
funds
The so-called "black list" of individuals and companies
who have used slave labour and who should therefore be prevented
from accessing public grants, credits or other financial supports,
is established and is being updated periodically. There is still
concern that there is no administration system in place to ensure
that individuals and companies that appear on the list do have all
public financial assistance withdrawn immediately and are prevented
from accessing new agricultural credits or other benefits.
Increasing numbers of slave labourers have been freed
Between 2000 and 2003 the number of workers freed by the Special
Mobile Inspection Group increased dramatically, rising from 583
in 2000, to 1,433 in 2001 and reaching 2,306 in 2002. In 2003, a
new record was reached when 4,879 workers were freed, more than
double the number released in 2002.5 However,
in 2004, the number of workers freed fell to 2,745.
The figures up to 2003 clearly show that the Special Mobile Inspection
Group had increased its effectiveness. This has been assisted by
the co-operation of several regional labour departments, which carried
out approximately 20 per cent of all inspections.
The use of mobile courts to accompany the Special Mobile Inspection
Group has given the Group more authority in the regions as the mobile
courts can impose immediate fines, freeze bank accounts and seize
assets. This means that farm owners can no longer refuse to co-operate
and it is easier to get workers paid the money they are owed.
The increase in the number of people being identified as working
in conditions of slave labour does not necessarily mean that the
use of slave labour is rising in Brazil. The increase in numbers
could also be attributed to more effective government intervention
against this problem, successful awareness raising campaigns and
greater confidence in the system leading more people to make complaints
to the authorities and to organisations like the Pastoral Land Commission
(CPT).
However, the fact that some 5,000 individuals were identified and
released in 2003, and nearly 3,000 in 2004, demonstrates that the
problem remains grave and more will have to be done if the Government
is to meet its target of eliminating slave labour by 2006.
Providing appropriate resources
The International Labour Organization Committee of Experts (2005)
notes that 16 four-wheel drive vehicles and extra personnel have
been provided to the Special Group. This is very welcome but despite
this, the number of workers rescued from slavery in 2004 fell to
2,745. The number of workers rescued in the period from January
to April fell from 1,467 in 2003 (37 inspections) to some 500 in
2004 (23 inspections) and was down even further to 271 workers in
2005 (15 inspections). The decrease in the numbers released needs
to be explained. It is clear that this decrease coincides with a
fall in numbers of inspections carried out. And during 2004, CPT
received 236 reports of slave labour in Brazil, indicating that
some 6,075 workers had been enslaved, so it would not appear that
the decrease is due to significantly fewer people being in slavery.
There is therefore concern that the work of the Special Group is
still hampered by a lack of resources, intimidation and the high
level of impunity that continues to exist for those who use forced
labour.
It is also of concern that, according to CPT, the average delay
between a case being reported to the Special Group and the inspection
being carried out remains lengthy, sometimes up to 40 days, with
inspections frequently not being carried out at all. One reason
for this is that the federal police have been on strike intermittently
in 2004 and 2005 making it impossible for many inspections to be
carried out. 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.
Securing more staff and appropriate transport, for example helicopters,
would facilitate faster reaction times and more visits to inaccessible
areas, such as the Iriri region. The Special Group must also have
adequate funds to cover witness expenses, including accommodation,
food and transport. These expenses are currently covered by CPT.
It is very important that federal police officers accompany the
Special Group on its operations. This helps to ensure the security
of the labour inspectors, who may not be able to enter an estate
without police support, and should also facilitate charges being
brought against those using slave labour as labour inspectors cannot
bring criminal charges. The federal police may require additional
resources in order to participate in Special Group operations.
Increasing intimidation and violence
Greater attention to the problem of slave labour in Brazil has been
accompanied by a rise in the use of violence and intimidation against
those working to stop slave labour, especially in the states of
Pará and Tocantins. CPT members from the Araguaina office
in Tocantins state had to leave the area after receiving repeated
threats.
State officials have also been targeted. In October 2003, the labour
judge Dr Jorge Antônio Ramos Vieira had to leave Parauapebas
after receiving repeated death threats and on 11 February 2004,
his deputy was killed in a collision with a lorry while travelling
from Maraba to Parauapebas. In Tocantins state, the prosecutor Dr
Mario Lúcio de Avelar had to leave Palmas after receiving
threats. On 28 January 2004, three officials from the labour ministry
and their driver were murdered while carrying out investigations
of farms in Minas Gerais.
Clearly, all those working to combat slave labour must receive
adequate protection to allow them to carry out their work and those
using violence and intimidation must be prosecuted and face appropriate
penalties.
Ending impunity and imposing appropriate sanctions
The Special Group and mobile courts have been effective in releasing
individuals from slave labour conditions and negotiating the payment
of outstanding wages to workers.
Successful claims for compensation rose from 1.9 million reais (US$654,270)
in 2002 to 5.7 million reais (US$1,962,810) in 2003.6
However, the continuing use of forced labour, as evidenced by the
numbers freed, indicates that the fines (paid directly to the state)
and criminal sanctions are not proving a sufficient deterrent.
This may be because many of the fines are not being paid. There
do not appear to be any publicly available figures regarding the
number of fines levied and paid. Fines below a certain amount are
often not followed up because it is considered to be too administratively
costly. Clearly where fines are not imposed, or are imposed but
not collected, then a situation of impunity exists and the abuses
are likely to continue.
In 2003, some 75 people were charged with the offence of putting
someone in a situation analogous to slavery. This is an important
step forward as prior to this very few people were indicted for
this crime. The 2005 ILO Committee of Experts' report notes that
the Attorney-General of the Republic initiated 633 administrative
proceedings to verify allegations of slave labour between February
2003 and May 2004. However, concerns remain about whether the existing
legislation will deliver effective punishments for those using slave
labour.
Part of the problem is that there is still a lack of clarity as
to whether cases analogous to slavery fall under local or federal
jurisdiction. While the question of responsibility remains unresolved
cases can get lost in the system or end up in local (i.e. state)
jurisdiction, where individuals are more likely to be intimidated
and/or co-opted by powerful landowners.
Even if successfully prosecuted, the sentences handed down under
the existing system are unlikely to act as a deterrent. In Brazil,
if someone is convicted and sentenced to a prison term of less than
four years, this can then be converted into social services (e.g.
making food donations to the poor). Furthermore, first time offenders
who are sentenced to more than four years in prison can serve their
sentence under house arrest, which in practice allows them to live
at home.
It therefore does not appear that the penal sanctions provided
for by law "are really adequate and are strictly enforced"
as required under Article 25 of International Labour Convention
No. 29. This impunity, which individuals who use forced labour enjoy,
appears to be a major factor in explaining the continuing high incidence
of forced labour in Brazil.
Conclusions and recommendations
The Special Group has improved its effectiveness and identified
and released just under 10,000 slave labourers in the last three
years. The Government made a clear commitment to tackle slave labour,
as outlined in the National Plan and its stated aim of eliminating
slave labour in Brazil by 2006.
Despite these positive steps, thousands of Brazilians continue
to work in conditions of forced labour. And in the last year efforts
to tackle slave labour appear to have weakened, with fewer inspections,
fewer slaves released and little legal progress.
In view of the above, Anti-Slavery International urges the Brazilian
Government to prioritise action to:
- Provide the Special Group with the necessary material resources
(particularly in terms of appropriate transport such as helicopters)
and institutional support (especially support from the federal
police and prosecutors during raids) to allow it to carry out
its work effectively.
- Give priority to implementing proposals that would:
(a) Bring slave labour offences clearly under federal jurisdiction
and give labour prosecutors the necessary competence to bring
criminal cases against persons who subject others to forced labour
practices.
(b) Expropriate properties from those who use slave labour and
use the land for agrarian reform.
(c) Ensure that individuals and enterprises using slave labour
are immediately prohibited from accessing all government financial
incentives. Existing credits or incentives should be immediately
withdrawn and/or repaid.
- Make information publicly available regarding the number of
prosecutions initiated, convictions secured and punishment given
for crimes relating to reducing someone to a condition analogous
to slavery. Also make available the number of fines imposed and
collected for the use of slave labour.
- Implement plans, particularly focusing on land reform and social
programmes, to prevent workers being entrapped in slave labour
situations in the most affected regions, such as Maranhao, Piauí,
Pará and Tocantins.
1 Um apelo aos bons fazendeiros, Correio
Braziliense, 10 February 2004.
2 Vannildo Mendes and Luciana Vasconcelos, Agência Brasil,
21 February 2004.
3 Stephen Temple, Brazilian Congress Debates Land Expropriation
as Punishment for Slave Labour, 12 February 2004, WMRC Daily Analysis.
4 De volta ao trabalho escravo, Correio Brasiliense, 1 February
2004.
5 While more than half those released in 2003 were in Pará
and Bahia, the statistics also recorded slave labour in areas which
previously had not been documented (e.g. Rio de Janeiro).
6 Dobra número de pessoas tiradas da escravidão,
Geralda Doca, O Globo, 23 January 2004. In the case of the firm
Lima Araújo Ltda., which is still pending in the Marabá
Labour Court, labour prosecutors have demanded compensation equal
to 40 per cent of the total assets of the farm.
7 Information given by Dra Raquel Dodge, sub-procuradora federal
dos direitos do cidadãos -- PFDC at CONATRAE meeting, 22
March 2004.
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