A/HRC/36/43
IV. Measures undertaken at the national level aimed at ensuring
access to justice and remedy to persons subjected to
contemporary forms of slavery
41.
The examples of measures undertaken at the national level presented in the present
section were provided by Member States, NGOs and other stakeholders in their responses
to the questionnaire on access to justice and remedy prepared by the Special Rapporteur.
Furthermore, reference is made to examples of measures that have been referenced by the
Special Rapporteur in previous thematic and country visit reports.
National legislation, policies and programmes 38
42.
In Mauritania, Law No. 031/2015 stipulates in its article 2 that slavery constitutes a
crime against humanity and it is imprescriptible. Article 7 imposes a punishment of 10 to
20 years’ imprisonment for subjecting a person to slavery. Articles 22 and 23 grant locus
standi to associations that defend human rights. Article 24 provides that victims of slavery
and slavery-like practices benefit from legal assistance and are exempted from all costs and
legal fees related to the proceedings. Decree No. 2016.002 established special tribunals
against slavery, which are currently set up in Nouakchott, Nema and Nouadhibou and are
officially operational. Furthermore, a public institution has been created to identify, propose
and implement programmes to eradicate poverty and the consequences of slavery.
43.
In the Niger, the Criminal Code (Act No. 61-027 of 15 July 1961) in its article 270.1
defines slavery. Article 270.2 imposes 10 to 30 years of imprisonment for slavery and a fine
of between 1 million and 5 million CFA francs. Article 270.5 grants locus standi to any
association duly registered at least one year before the occurrence of the acts concerned and
mandated by its statutes to fight against slavery or similar practices.
44.
In India, the 1976 Bonded Labour System (Abolition) Act and the 1976 Bonded
Labour (Abolition) Rules outlawed debt bondage and were intended to free all bonded
labourers, cancel their debts, establish economic rehabilitation measures and punish
(through fines and imprisonment) those who employ bonded labourers. They imposed a
penalty on perpetrators of up to 3 years’ imprisonment and a fine of up to 2,000 rupees. The
recently adopted 2016 Central Sector Scheme for Rehabilitation of Bonded Labourers
increased the amount of rehabilitation paid to released bonded labourers. The Legal
Services Authorities Act 1987 established legal services authorities to provide free and
competent legal services to the weaker sections of society.
45.
In Nepal, the Bonded Labour (Prohibition) Act, 2058 (2002) abolished the practice
of bonded labour in the country and provides for penalties and fines for perpetrators. The
2002 Act requires the establishment of freed bonded labourer rehabilitation and monitoring
committees in a number of districts. In Pakistan, the Bonded Labour System (Abolition)
Act 1992 abolished bonded labour throughout the country and provides for 2 to 5 years’
imprisonment for perpetrators and/or the impositions of a fine of 50,000 rupees. The law
mandates provincial governments to set up district vigilance committees for the
implementation of the law and rehabilitation of bonded labourers.
46.
In Lebanon, article 586-2 of the Criminal Code criminalized slavery, with penalties
ranging from 5 to 15 years’ imprisonment and a fee of 100 to 500 times the minimum
wage. Article 586 (8) of the Code of Criminal Procedure provides that the judge may grant
a foreign victim the right to reside in Lebanon until the end of the proceedings if his/her
residence in the country is illegal. In Saudi Arabia, the 1992 Basic Law of Governance
provides in its article 47 that the right to litigation shall be guaranteed equally to citizens
and residents and that the law shall set forth the required procedures to ensure that right.
The Labour Law (issued by Royal Decree No. M/51 and amended by Royal Decree No.
M/46) penalizes the withholding of wages, the confiscation of passports, excessive work
hours and the employment of a worker without a written contract. In Qatar, Law No. 21 of
38
14
Submissions from Argentina, Australia, Lebanon Mauritania, and Saudi Arabia and the organizations
Americans for Democracy and Human Rights in Bahrain, ASI and FLEX.
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