A/HRC/36/43
(procedural remedies); resulting in (b) final positive relief (substantive reparations).14 The
nature of the procedural remedies (judicial, administrative or other) should be in accordance
with the substantive rights violated and the effectiveness of the remedy in granting
appropriate relief for such violations. In the case of grave abuses, such as slavery, practices
and institutions similar to slavery and forced labour, remedies need to be judicial. However,
States can also provide other non-judicial remedies to complement reparation procedures. A
right of access to effective remedies entails the availability of such remedies under criminal
or civil law, and States should ensure that victims are provided with information and
assistance that will enable them to secure the reparations to which they are entitled.
18.
The reparations for victims of slavery, practices and institutions similar to slavery,
servitude and forced labour should be accessible, affordable, timely, full and effective,
while respecting the principles of appropriateness and proportionality. The Basic Principles
and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of
International Human Rights Law and Serious Violations of International Humanitarian Law
advise that reparations for victims should include restitution, compensation, rehabilitation,
satisfaction and guarantees of non-repetition.
III. Challenges and obstacles encountered by persons subjected
to contemporary forms of slavery to access justice
A.
Social and cultural barriers
1.
Discrimination and social structures
19.
Persons subjected to contemporary forms of slavery often belong to populations that
are likely to be discriminated against, including women, children, indigenous people,
people of “low” caste status and migrant workers. The societal discrimination that minority
groups suffer denies their right to equal access to justice: often, State officials, including the
police, prosecutors and the judiciary, are inherently prejudiced against people belonging to
such groups. As a result, they experience discrimination at every step in the administration
of justice for their rights violations. This situation is exacerbated when the groups are not
represented within law enforcement authorities. Furthermore, the wide discrimination that
people belonging to such groups suffer results in them having a sense of inferiority, which
often poses challenges in their deciding to claim their rights or report the abuse they have
suffered.
People of “low” caste status, indigenous people and other minority groups
20.
In South Asia, debt bondage and forced labour is reported to be widespread in
countries such as Bangladesh India, Nepal and Pakistan. 15 Those who are trapped in debt
bondage in South Asia are predominantly Dalits, of “low” caste status, indigenous people
or other minority groups. In some countries, a hierarchy of work has been created as a
result of community divisions under which labourers are put at the lower level, particularly
those of “low” caste status or those belonging to ethnic and religious minorities. An
individual’s access to justice, jobs and other rights and privileges are often conditioned by
this social hierarchy. This results in discrimination, domination, inequality and disparity,
primarily through a lack of cultural and social power and access to resources for people
who belong to minority groups. Furthermore, those who opt to defy traditional exploitative,
discriminatory and humiliating roles, often face social boycotts that further restrict any
opportunity to overcome discrimination-related poverty and dependency on employers or
landlords.
14
15
See REDRESS, “Implementing Victim’s Rights: A Handbook on the Basic Principles and Guidelines
on the Right to a Remedy and Reparation” (2006). Available from
www.redress.org/downloads/publications/Reparation%20Principles.pdf.
Submissions to the Special Rapporteur from the organizations READ, DSN-UK and the Nepal
National Dalit Social Welfare Organization. See also A/HRC/33/46.
7
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