Statement by the Special Rapporteur on contemporary forms of slavery, including its causes and consequences at the 30th session of the United Nations Human Rights Council

14 September 2015

Mr. President, Excellencies, Distinguished Delegates, Ladies and Gentlemen,

It is a great honour to present my thematic report, which focuses on one of the priority areas identified in my first report to the Human Rights Council (A/HRC/27/53): the duty of States, responsibility of businesses and the role of other stakeholders in eliminating contemporary forms of slavery from supply chains.

This topic has attracted much public attention recently, mainly due to civil society activism and media exposure of situations of slavery in supply chains of global businesses. Global businesses with supply chains that involve complicated networks of subsidiaries, franchisees, suppliers, contractors and subcontractors are more likely to encounter contemporary forms of slavery, especially beyond the first tier of their supply chains. The lowest tiers of supply chains often occur in labour-intensive sectors in developing economies that encourage global businesses operations, and where the rule of law may be limited. Global brands may thus knowingly or unknowingly source products from home-based or small workshops in the informal or domestic economy, and made in situations of slavery and slavery-like practices. This is also where the greatest risk occurs of using children in the worst forms of child labour.

Contemporary forms of slavery such as forced labour and debt bondage have been reported to occur in numerous industries and sectors, including agriculture, garments and textiles manufacture, food processing and packaging, as well as in electronic goods production, mining, construction and forestry. Despite the publication of various reports, however, there is still limited specific data on the scope and prevalence of contemporary forms of slavery in the supply chains of specific commodities and sectors, and particularly in the informal economy and domestic production for global brands. One of the recommendations made in the thematic report therefore is that increased sector and commodity specific research is conducted and I would urge research institutions and funders to support such initiatives.

The Guiding Principles on Business and Human Rights validate the duty of States to protect, prevent, investigate and redress business-related human rights harms, inter alia, through effective policies, legislation, regulation and adjudication. State duties include setting out clearly the expectation that business enterprises domiciled in their territory and/or in their jurisdiction respect human rights throughout their operations and business relationships. In terms of legal frameworks for ensuring businesses are accountable for eradicating contemporary forms of slavery from supply chains, various notable developments have occurred at national and sub-national levels, which I present in my report, the most recent being the UK’s Modern Slavery Act. In this context I would encourage more States to adopt effective legislation requiring transparency in supply chains, human rights due diligence throughout supply chains, public reporting and disclosure by business, as well as measures relating to procurement practices.

Passing laws is, however, not enough, and effective law enforcement is required to guarantee compliance by States with their duty to protect human rights and abolish slavery and slavery-like practices in supply chains. States should also ensure effective regulation of recruitment practices in order to eradicate those fraudulent and abusive practices that trap vulnerable workers in situations of contemporary forms of slavery such as debt bondage. The private sector has an important role to play, in partnership with other stakeholders or through representative industry and employer organizations, in engaging public policy actors and regulators to encourage adoption of relevant legal frameworks to combat slavery and slavery-like practices in supply chains.

What is of crucial importance, however, is for States to put more emphasis on the preventive aspect through tackling the root causes, including poverty, discrimination, stigmatization, inequality and social exclusion of groups most vulnerable to contemporary forms of slavery in supply chains, by adopting a human-rights based approach. Global business also has the capacity and resources to address, jointly with relevant stakeholders, these root causes and should leverage more prominently its global influence in preventing, mitigating and remediating the adverse impact of operations and business relationships on human rights.

Global brands and other transnational corporations operating complex supply chains have increasingly adopted voluntary codes of conduct, which prohibit the use of forced labour, child labour and other slavery-like practices from their operations. Other measures undertaken as part of human rights due diligence have included social audits, grievance mechanisms, and public reporting. More comprehensive and robust measures are however needed, including operational level grievance mechanisms, proactive independent investigations, random assessments and robust independent verifications, which incorporate consultations with workers with due regard to confidentiality. Transparency measures are increasingly giving way to traceability, which requires businesses, due to pressure from consumers, regulators, non-governmental organisations and investors, to prove that products are produced in “clean production” at every step and are free of slavery or slavery-like practices. Certification is an increasing trend in certain sectors or products that have been reported to be tainted by contemporary forms of slavery, and is largely a result of increased civil society (especially consumer) awareness. Stakeholders such as international and regional organisations, the donor community, investors, consumers, faith-based groups, trade unions, foundations, academia and the media are key to facilitating business and State accountability in this context. Multi-stakeholder social partnerships and public-private platforms are emerging as good practice in tackling contemporary forms of slavery in supply chains, and have reported success in addressing it in a number of industries discussed in my thematic report.

Given the gravity of slavery and slavery-like practices as gross human rights violations, States should take appropriate steps to ensure effective judicial remedies and reduce barriers that could deny access to remedy for victims, including those of business-related human rights abuses in supply chains. As per the Guiding Principles on Business and Human Rights, businesses also have an important role to play in providing for timely and effective remedies for any negative human rights impact they cause or contribute to. Unfortunately, the right to an effective remedy remains elusive, particularly for the most vulnerable workers in supply chains, who do not benefit from compensation, medical and psychological care, social services or alternative livelihood support measures. Workers who are not members of trade unions may not be aware that their rights have been violated. In extreme instances, they may be enslaved and physically unable to enforce their rights. Furthermore, access to justice for victims in the context of supply chains is often constrained by the high costs of litigation, lack of free legal aid, and legal rules limiting corporate liability.

My thematic report is only one building block in the composite of endeavours that are emerging and are fundamentally necessary to end the scourge of contemporary forms of slavery in supply chains. Given the number of different initiatives and stakeholders working on the issue, I call for increased dialogue, coordination and cooperation, and intensified efforts to ensure that the most vulnerable workers are not exploited as slaves in their efforts to simply earn a living, feed their families and put a roof over their heads. I am pleased in this vein that the discussion on the practical steps, good practices and emerging strategies to eliminate contemporary forms of slavery from supply chains will continue in the margins of this Human Rights Council session, at the side event organized by Anti-Slavery International and the Office of the High Commissioner for Human Rights on Wednesday 16 September from 12h00 to 14h00.

Mr. President, Excellencies, Distinguished Delegates, Ladies and Gentlemen,

Since my first interactive dialogue with the Council, I have conducted two official country visits - to the Niger and Belgium. I would like to express my gratitude to the Governments of the Niger and Belgium for their invitation, constructive dialogue and excellent cooperation extended, allowing me to gain an in-depth understanding of the issues pertaining to my mandate.

In my report on the Niger, I welcome the efforts undertaken in combatting slavery and slavery-like practices, but note the need for a more comprehensive approach. In this regard, I recommend conducting a comprehensive nationwide study on the prevalence of slavery and slavery-like practices, its causes and consequences and the protection and assistance required by victims. The results of the study should serve as a basis for devising a national strategy and an action plan aimed at eradicating all forms of slavery, slavery-like practices and descent-based discrimination through a broad, inclusive and participatory approach. There is a need for improved coordination among stakeholders working on the issues relevant for the mandate and the anti-slavery activities could be streamlined by creating an adequately funded high-level multi-stakeholder coordination mechanism. My other recommendations pertain to the necessity of certain legislative amendments and more effective law enforcement; to ensuring effective access to justice and right to an effective remedy, including by expediting the passing of the decree establishing the special compensation fund for victims and guaranteeing its adequate resourcing; and the necessity for concrete measures aimed at rehabilitation of victims, former slaves and descendants of slaves through socioeconomic empowerment and alternative livelihoods support policies and programmes. I am pleased to mention that after my visit, the Niger became the first and so far the only country to ratify the Protocol of 2014 to the International Labour Organisation (ILO) Forced Labour Convention, 1930 (No. 29).

In relation to my country visit to Belgium, I wish to highlight the comprehensive multidisciplinary cooperation mechanism it has put in place to combat contemporary forms of slavery, which involves various stakeholders at the federal, regional and community levels, and is commendable. My recommendations refer mainly to the need for strengthened victim detection and identification, including through continued trainings for all front-line actors, and the necessity of further capacity building of front-line officials on prompt and effective investigation, on the referral system in place for victims, and on victim assistance and protection. It is also important that all actors forming part of this multidisciplinary approach are provided with sufficient and sustainable human and financial resources in order to be able to carry out their functions and victims need to be ensured access to an effective and appropriate remedy, including compensation. Priority attention should be given to the vulnerability of children, especially those unaccompanied, to contemporary forms of slavery, including forced child begging, taking their best interests as a primary consideration. I am encouraged that following my visit certain processes have already been initiated in terms of the follow-up to my recommendations and Belgium also ratified the ILO Domestic Workers Convention, 2011 (No. 189).

Let me finish by looking ahead. 2016 will mark two important anniversaries from the mandate’s perspective - the 90th anniversary of the Slavery Convention and the 60th of the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery. These events can serve as an opportunity for all of us to commit ourselves to practical and action-oriented measures to intensify global efforts to eradicate contemporary forms of slavery from our societies, and to strengthen efforts to implement target 8.7 of the proposed Sustainable Development Goals on eradicating forced labour and modern slavery.

I thank you for your attention and look forward to constructive and fruitful continued engagement with your Governments and other stakeholders.