A/HRC/36/43
2015 regulating the entry, exit and residency of expatriates is aimed at replacing the kafala
system with a contract-based system.
47.
In Argentina, the crime of servitude or other similar conditions is stipulated in article
140 of the Criminal Code and punishable by 3 to 15 years of prison. Moreover, the National
Directorate for the Promotion and Strengthening of Access to Justice was created by Decree
No. 1755/08 to conduct and promote activities related to legal and social programmes and
communitarian support. In Brazil, article 149 of the Penal Code punishes the offence of
“reducing someone to conditions analogous to slavery” with 2 to 8 years’ imprisonment and
a monetary fine.
48.
In the United Kingdom, the Modern Slavery Act 2015 criminalizes (under the
concept of “modern slavery”) slavery, servitude and forced or compulsory labour. Penalties
include life imprisonment for conviction on indictment, or imprisonment for a term not
exceeding 12 months or a fine or both for summary conviction. Section 8 provides that
criminal courts have the ability to make reparation orders in cases where a perpetrator has
been convicted of slavery, servitude or forced labour. Section 47 amended the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 and entitles victims to legal aid for
applications for leave or remain in the United Kingdom, compensation claims under
employment law and claims for damages.
49.
In the Netherlands, the 2011 Act on strengthening the position of victims of crime
allows victims of violent crimes and sexual offences, including victims of trafficking for
purposes of forced labour, to seek an advance payment from the State if the offender was
convicted and ordered to pay damages to the victim as part of a criminal sentence, and
he/she fails to pay those damages within a period of eight months after the sentence has
become final.
50.
In Australia, the Criminal Code Act 1995 criminalizes slavery servitude and forced
labour. Slavery is punishable by up to 25 years’ imprisonment (Division 270). The Fair
Work Ombudsman is responsible for maintaining mechanisms that provide trafficked
people with the opportunity to pursue civil damages, including for unpaid wages and
entitlements.
Measures undertaken in the context of supply chains
51.
In France, Law. No. 2017-399 of 2017 on the duty of care of parent companies and
ordering companies establishes the obligation for parent and subcontracting companies to
be vigilant. The law imposes on large French companies the duty of publishing annual
public vigilance plans linked to their own activities, those of companies under their control
and those suppliers and subcontractors with whom they have established commercial
relationships. The breach of the duty of care may result in liability for the company.
52.
In the United States of America, the Trade Facilitation and Enforcement Act of 2015
prohibits the importation of goods made with forced labour (Sect. 910). The California
Transparency Act of 2010 requires companies headquartered in California or doing
business in the state who have worldwide annual revenues exceeding $100 million to
disclose information regarding their efforts to eradicate slavery and human trafficking in
their supply chains. The Trafficking Victims Protection Reauthorization Act of 2008
created an offence of knowingly benefiting from forced labour and imposes the penalty of a
fine, imprisonment of up to 20 years, or both (Sect. 1589). Furthermore, the Act establishes
extraterritorial jurisdiction over trafficking in persons, forced labour, slavery and
involuntary servitude (Sect. 223).
53.
In the United Kingdom, the 2015 Modern Slavery Act contains a provision on
transparency in supply chains, requiring all United Kingdom businesses with global
turnover in excess of 36 million pounds and trading in the United Kingdom to publish an
annual modern slavery statement disclosing the measures taken to identify, address and
prevent modern slavery in their supply chains.
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents