A/HRC/30/35
Protocol is largely aligned with the Guiding Principles on Business and Human Rights:
Implementing the United Nations “Protect, Respect and Remedy” Framework (see below),
although it is limited because, inter alia, it focuses only on forced labour and not on all
human rights violations.
18.
At the regional level, States’ obligation to eradicate contemporary forms of slavery
is enshrined in a number of human rights instruments. Under article 4 of the Council of
Europe Convention for the Protection of Human Rights and Fundamental Freedoms,
slavery, forced labour and servitude are prohibited. In article 5 of the African Charter on
Human and Peoples’ Rights, it is stated that, inter alia, slavery and slave trade shall be
prohibited. The African Charter on the Rights and Welfare of the Child, in its article 15,
enshrines the protection of children from all forms of economic exploitation and from
performing any hazardous work. Slavery, involuntary servitude, slave trade and traffic in
women, as well as forced labour, are prohibited under the American Convention on Human
Rights (art. 6). In article 10 of the Arab Charter on Human Rights all forms of slavery,
servitude and forced labour are prohibited.
B.
Causes and prevalence of contemporary forms of slavery in supply
chains and examples of sectors at risk
19.
Globalization has created unprecedented opportunities for corporations to extend
their operations across national borders, including to developing countries, in order to
source the cheapest products and maximize profit. The demand for cheap labour meets a
ready supply of workers from vulnerable groups: indigenous people, minorities, those
considered to be from the “lowest castes” and migrants, especially those in an irregular
situation. Women workers are particularly vulnerable to exploitation in certain sectors
given the nexus of gender discrimination and inequality.
20.
Global enterprises with supply chains that are long and complex and involve
complicated networks of subsidiaries, franchisees, suppliers, contractors and subcontractors
are more likely to be faced with challenges related to contemporary forms of slavery. While
the first tier of supply chains is less susceptible to the risk of contemporary forms of
slavery, the lower levels have been shown to be at risk of products or raw materials being
sourced from home-based or small workshops in the informal economy and made in
situations of debt bondage, forced labour or the worst forms of child labour.
21.
Although more research into the scope and prevalence of contemporary forms of
slavery is required, various small-scale studies (for example, on the garment, conflict
mineral, seafood, sporting goods, handmade carpet and tea industries) show that products
from the informal sector enter global supply chains and are also part of domestic economies
in the developing world, often in the most labour-intensive sectors. 9 Human rights
violations in the sourcing of conflict minerals, for example, have received much attention,10
but more research is required to identify the scope and prevalence of contemporary forms
of slavery in supply chains of specific commodities and particular sectors. The sectors
9
10
6
See, for example, FairFood International, “Caught in a Trap – the story of poverty behind Asian
shrimp sold in European supermarkets” (2015). Available at www.fairfood.org/wpcontent/uploads/2015/04/Caught-in-a-trap.pdf.
For example, in relation to the sourcing of conflict minerals, where the public furore resulted in the
Organization for Economic Cooperation and Development (OECD) Due Diligence Guidance for
Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (adopted in
May 2011 and amended in July 2012).
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