A/HRC/18/30 Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, the Convention on the Rights of the Child, the Covenant on Civil and Political Rights, the Covenant on Economic, Social and Cultural Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. 91. Governments should also sign and ratify all relevant ILO Conventions. In conformity with ILO Convention No. 182, Governments should adopt legislation that prohibits children from working in mines and quarries for both the formal and informal sector. Governments which have not yet established a list of hazardous work for children in conformity with ILO recommendation No. 190 need to do so urgently and include in such a list the work performed in the mining and quarrying sector as both types of work are by their very nature and the conditions in which they are performed hazardous work as defined in article 3 of ILO recommendation No. 190. Governments that have already established such a list need to ensure that work performed in the mining and quarrying sector is included or revise the list accordingly. 92. In addition to the general prohibition of slavery and forced labour in criminal legislation, Governments should also include explicit and broad prohibition in their legislation on children working in all types of mining and in all the operations linked to the mining and quarrying process. 93. Governments should effectively implement all legislation that prohibits child slavery in mines and quarries by ensuring effective investigation, prosecution, and punishment that is commensurate to the crime committed. Governments should also proactively investigate and prosecute other crimes committed around mines and quarries, such as sexual exploitation of children. Compensation and adequate rehabilitation for victims of child slavery should also be provided for in the laws prohibiting child slavery in this sector. 94. Labour legislation also needs to be revised, where necessary, so that it includes an explicit prohibition of the work performed by children in the mining and quarrying sector. All relevant legislation regulating this sector, including the legislation relevant to the artisanal mining and quarrying, must include a clear prohibition on children working in this sector. 95. Governments should increase the means for enforcing the law by allocating sufficient resources for labour inspection services. The legislation should provide for regular inspections of mines and quarries, and special training and information on child slavery should be given to inspectors responsible for this sector. The Special Rapporteur encourages Governments to take inspiration from the experience of the Brazilian mobile inspection units that –with protection from the federal police – undertake inspections in remote areas. Where crimes are committed, there should be prompt, effective investigation and prosecution of those exploiting children. The criminal penalties should be commensurate with the crimes committed. 96. Governments should establish clear and transparent procedures for gaining licences in artisanal mining and quarrying that benefit both the owner and the miners and expressly prohibit children working in this sector. 20

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