A/HRC/18/30
working in artisanal small-scale mining alone.2 Although estimates of the number of
children working in this sector may vary, what is clear is that the numbers are likely to
increase as a result of higher prices and demand for minerals from the Organization for
Economic Cooperation and Development countries and emerging economies.3
17.
In the past, the Working Group on Contemporary Forms of Slavery considered
the issue of child economic exploitation.4 The Special Rapporteur has given due
consideration to the discussions of the Working Group in the elaboration of her present
report.
18.
The Special Rapporteur acknowledges that not all children who work are
exploited. Indeed, the Special Rapporteur acknowledges that in some situations working
can enrich the development of the child, family and community.5 Child exploitation
occurs when the work that a child carries out is hazardous or interferes with the child’s
education, or is harmful to the child’s health or physical, mental, spiritual, moral or social
development (art. 32, para. 1, of the Convention on the Rights of the Child).
19.
This report will demonstrate that the work carried out by children in the mining
and quarrying sector, by its very nature and the conditions in which it is performed,
qualifies as a contemporary form of slavery due to the debt bondage, forced labour and
economic exploitation of the child and particularly so with regard to unaccompanied
children working in artisanal mining and quarries. For instance, employers yield complete
physical and psychological power and control over the children, they are completely and
severely dependent on their employer for their basic needs, unable to leave their place of
work due to fear of reprisals against themselves or their families and work in physically
and socially isolated and remote areas where they are not able to report abuses or access
justice.
IV.
Relevant international legal framework for combating child
slavery
20.
Different international instruments, ranging from the core international law
against slavery to international human rights law and international labour law are relevant
when defining the concept of child slavery.
21.
The core international law against slavery comprises the 1926 Slavery
Convention and the 1956 Supplementary Convention. While the 1926 Convention defines
the concept of slavery (art. 1) and introduces forced labour as being analogous to slavery
(art. 5), the 1956 Convention broadens the concept so as to encompass other slavery-like
practices. The ILO Convention No. 29 (1930) concerning Forced or Compulsory Labour
offers a definition of forced labour and lays down a number of exceptions from its general
prohibition.
2
3
4
5
6
UNEP, Squeezing Gold from a Stone (2010), p. 5.
World Bank, “Communities, Artisanal and Small Scale Mining (CASM), Issue Brief: CASM’s
holistic approach to small-scale mining aims to transform this activity from a source of conflict and
poverty into a catalyst for economic growth and sustainable development”, updated September 2008.
See for example report of the Working Group on Contemporary Forms of Slavery on its thirtieth
session, E/CN.4/Sub.2/2005/34, para. 10, and report of the Working Group on Contemporary Forms
of Slavery on its twenty-ninth session, E/CN.4/Sub.2/2004/36, para. 28 (f).
Alston, Philip, “The Implementing Children’s Rights: The case of child labour”, Nordic Journal of
International Law, vol. 58, No. 1, (1989), pp. 35–53.
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