A/HRC/33/46
documents such as identity cards and birth certificates, which will also enable them to
access social security and other government-run services. Children who are identified as
being in debt bondage must be ensured access to education in order to support their full
rehabilitation.
51.
Interventions to support the empowerment of adults who are in debt bondage or who
are vulnerable to debt bondage are necessary, both for the individuals concerned and for
subsequent generations. Initiatives that ensure that bonded labourers have access to land,
such as land reform in rural areas, and fairer leasing arrangements; full, free and productive
employment and skill training; and affordable credit could promote the empowerment of
bonded labourers and prevent debt bondage. Furthermore, the implementation of projects
that facilitate access to regulated credit schemes, both for entrepreneurial purposes and for
personal needs, could prevent workers from becoming trapped in debt bondage.
52.
In regard to migrant workers who are in debt bondage as a result of abusive
recruitment practices, a comprehensive programme of initiatives needs to be implemented
by States. This should include awareness-raising, training on safe migration, and capacitybuilding, for prospective migrants, officials from local and central government, and civil
society organizations; the effective regulation of recruitment agencies and intermediaries;
and regional and international cooperation on the issue.
VII. Conclusions and recommendations
A.
Conclusions
53.
The practice of debt bondage is prevalent worldwide in numerous sectors of the
economy and particularly affects people belonging to minority groups, including
women, children, indigenous people, people of “low” caste and migrant workers.
Poverty, the lack of economic alternatives, illiteracy and the discrimination that
people from minority groups suffer leave them with no other option than to take a
loan or advance from employers or recruiters to meet basic needs, in exchange for
their work or the work of their families. People in debt bondage end up working for
no wages or wages below the minimum in order to repay the debts contracted or
advances received, even though the value of the work they carry out exceeds the
amount of their debts. Furthermore, bonded labourers are often subjected to different
forms of abuse, including long working hours, physical and psychological abuse, and
violence. Debt bondage is prevalent in many countries, due to a failure by many
Governments to implement effective legislation on debt bondage, including
deficiencies in the areas of identification, release, rehabilitation, and the prosecution
of offenders, and due to a lack of data on the prevalence of debt bondage, weak rule of
law, social exclusion and discrimination.
54.
Under the due diligence standard, States have an obligation to exercise a
measure of care in preventing and responding to the acts of private individuals. More
specifically, they have a duty to protect people in debt bondage by means of adequate
procedures to identify them, to provide short-term and long-term rehabilitation that
prevents revictimizations, to enact legislation on debt bondage and to ensure that
victims have access to justice and remedies. Furthermore, States have an obligation to
prevent debt bondage through prevention of discrimination, regulation of wages,
enforcement of labour law and regulation of recruitment practices, and by protecting
persons in debt bondage against violations in the context of business activities.
55.
A comprehensive, human rights-based approach to tackling debt bondage must
have at its centre the compliance of States with their obligations under international
18
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