A/HRC/23/48
and discrimination. Nevertheless, the Special Rapporteur and her predecessor have noted in
the course of country visits that Government authorities make repeated exceptions, in law
or in practice, creating spaces where employers can violate labour rights with impunity.
64.
To guarantee labour rights, States are required to develop and resource a suitable
body of professional labour-law enforcement officials, generally known as labour
inspectors. States which fail to develop a labour inspectorate with appropriate expertise and
adequate resources to carry out its mandate are in effect condoning abuses of labour rights.
Nevertheless, even a well-resourced labour inspectorate is likely to face challenges in
reaching the numerous places where exploitation of persons occurs.
65.
Evidence collected over the past decade indicates that a substantial proportion of the
workers who are trafficked and subjected to forced labour are contract workers who are not
recruited or employed directly by the business for which they are working (on a work site,
such as a farm or construction site). Instead, they are supplied by an agency or
intermediary. In such circumstances, States should consider regulating the activities of
recruitment agents and agencies. If they decide not to introduce a system of regulation,
States still have a responsibility to ensure that recruitment agents and agencies are not
contributing to human trafficking, both by checking on the effectiveness of any system of
self-regulation practiced by the employment industry and ensuring that suitably trained law
enforcement officials are available to investigate whenever abuses are reported.
3.
Human rights impacts of business activities
66.
According to the Guiding Principles on Business and Human Rights, “the
responsibility to respect human rights requires that business enterprises: (a) avoid causing
or contributing to adverse human rights impacts through their own activities, and address
such impacts when they occur; (b) seek to prevent or mitigate adverse human rights impacts
that are directly linked to their operations, products or services by their business
relationships, even if they have not contributed to those impacts” (guiding principle 13).
67.
Even businesses which invest significant amounts in checking their supply chains
suffer from the fact that there is no internationally recognized standard for the process of
checking whether minimum labour standards and human rights standards are respected in
the workplace. It is challenging for other businesses and individual consumers to assess
whether the cheap cost of a product was due to good business management or due to abuse
in the production process. It is the responsibility of the State (in addition to being the
responsibility of employers, business owners and investors) to ensure that keeping
production costs and wage bills to a minimum is not achieved by illegal or abusive means.
4.
Children’s rights
68.
The principal responsibility of States in such cases is to protect the children
concerned. When there is evidence that the majority of children to be found begging have
been trafficked or are being subjected to either forced labour or a practice similar to
slavery, the relevant Government authority with appropriate child protection expertise
should consider what response is appropriate, notably whether it should involve
discouraging children of a certain age from begging, making it a criminal offence to profit
from a child‟s begging or discouraging the public from donating money to child beggars in
some or all circumstances. When trafficked children are reported to be moved from one
State to a neighbouring State, it would be in the best interests of the children concerned for
the various States involved to harmonize their responses, so that traffickers cannot simply
move on, accompanied by the children they exploit, to take advantage of different laws and
regulations in a neighbouring State.
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