A/HRC/33/46
VI. Developing an integrated, human rights-based approach to
eradicating and preventing debt bondage
45.
Debt bondage is a complex and multidimensional form of contemporary slavery that
impacts on individuals across the world. In order to be effective in eradicating and
preventing debt bondage, Governments must develop comprehensive and integrated
programmes of action based upon international human rights standards, as well as on the
views of those affected. Such approaches must be multifaceted and include legislative and
policy measures that are effective in eradicating debt bondage and preventing such abuse,
by decreasing individual vulnerability and further developing the legal and institutional
framework. The vision of the Special Rapporteur for such an integrated, human rightsbased approach is outlined below.
46.
The enactment of laws that prohibit debt bondage and adequately punish
perpetrators is essential as a first step towards the eradication and prevention of this
phenomenon. Such laws need to be actively enforced, along with those that are relevant to
the prevention and eradication of debt bondage, including those related to regulation of
recruitment agencies, the right to organize and the payment of wages. The necessary
resources must be allocated to assure full implementation of the laws at all levels of
government. Effective administrative institutional structures and processes must be in place
to implement legislation on debt bondage. As part of such implementation efforts,
enforcement officials and other State officials should be sensitized and trained in regard to
relevant laws on debt bondage and the rights of victims.
47.
Alongside such legislation, Governments should take all possible steps to prevent
and address discrimination, as a key preventative strategy against debt bondage. Antidiscrimination legislation should be in place, and programmes that reduce vulnerability to
exploitation should be targeted to populations commonly affected by debt bondage. Within
such efforts, specific attention should be paid to removing barriers to access to education
among children from vulnerable groups. In addition, addressing gender inequalities in
society at large will help to reduce the number of women in debt bondage. Ensuring that
women are given the same opportunities as men and that they enjoy equal rights at work is
a key step in preventing them from becoming trapped in situations of debt bondage.
48.
The labour inspection system must be resourced and trained in order to ensure
effective monitoring of the compliance with laws on debt bondage, as well as with other
relevant labour laws, for example those on forced labour, child labour, social security,
wages, working conditions, health and safety, unionization, collective bargaining and
equality. To that purpose, the labour inspection system should be provided with the
necessary resources to monitor both the formal and informal sectors. Regulation of the
labour market should also ensure that the rights to freedom of association and of peaceful
assembly, as well as the right to collective bargaining, are universally upheld.
49.
Comprehensive national and/or regional surveys should be undertaken to identify
those in bonded labour, and should include disaggregated information on those affected, by
age, gender, nationality, caste or ethnic group, and to identify the industries in which debt
bondage is prevalent. The existence of detailed data is a necessary step for the development
of effective policies, systems and practices.
50.
There should be no time gap between identification of persons in debt bondage and
their release on the one hand, and the start of the rehabilitation measures on the other.
Effective rehabilitation and reintegration measures need to be in place to prevent relapse
into debt bondage and need to be designed in consultation with released bonded labourers.
Rehabilitation measures need to ensure a sustainable livelihood for freed bonded labourers,
and access to rehabilitation needs to be provided. This requires the issuance of legal
GE.16-11363
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