A/HRC/33/46
recruitment sector, unethical practices by unscrupulous recruiters, late payment or the
withholding of payment by employers, and exorbitant charges for services can worsen
situations of debt bondage.
B.
Main challenges in eradicating debt bondage
44.
Despite the efforts of various countries to eradicate and prevent debt bondage, there
are still challenges in implementing adequate measures in this regard, including:
(a)
The lack of adequate enforcement of legislation on debt bondage and on
workers’ rights, and of other relevant legislation for the eradication of debt bondage, and in
some countries the non-existence of specific legislation on debt bondage;
(b)
The lack of implementation or absence of legal measures that could prevent
reprisals against victims of debt bondage when the criminal law is being used to punish
perpetrators (e.g. a summary procedure in cases of debt bondage), particularly when victims
and perpetrators are part of the same community;
(c)
The lack of regulatory frameworks and oversight in respect of recruitment
agencies or brokers that impose excessive recruitment fees or provide advances to migrant
workers leaving them indebted;
(d)
The limited access to justice and to effective remedies, which is often linked
to the discrimination that bonded labourers suffer. Members of minority groups frequently
continue to encounter discrimination, harassment and violence when seeking to access the
justice system;
(e)
The ineffectiveness or non-existence of adequate mechanisms to identify
bonded labourers, including the lack of ongoing identification programmes conducted in
the formal and informal sectors and the lack of particular methods for identifying bonded
labourers. Other challenges in this regard include the insufficient resources allocated for the
purposes of identification; the non-proactive attitude by officials to seeking out and finding
cases of debt bondage; the lack of data, which could be obtained through surveys to identify
the number of persons in debt bondage and the sectors where it is the most prevalent; and
the failure by the authorities to recognize new forms of debt bondage, such as seasonal debt
bondage;
(f)
Deficiencies in providing protection and assistance to promote the recovery
and reintegration of bonded labourers, particularly as regards ensuring that bonded
labourers get an alternative means of earning a living under decent working conditions that
will prevent them from relapsing into bondage. Furthermore, challenges remain regarding
their access to recovery and reintegration programmes, particularly due to the fact that
persons in debt bondage often do not have legal documents and due to the lack of adequate
measures to ensure that such documents are obtained promptly;
(g)
The absence of measures to specifically target the factors that cause or
facilitate debt bondage, such as poverty, illiteracy, lack of access to decent work, social
exclusion and discrimination. Also, the absence of measures to address cultural and
economic pressures in some countries (e.g. in relation to marriage) and to ensure access to
education, health and social security;
(h)
Corruption, which has reduced the effectiveness of the identification, release
and recovery of bonded labourers in some countries where debt bondage is prevalent. In
some cases, the authorities are influenced by pressure from employers who occupy
powerful positions in the community or belong to social elites. In that context, when
employers are prosecuted they may be charged with infringing more lenient laws rather
than the laws on debt bondage.
16
GE.16-11363
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