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.
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