A/HRC/12/21
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sexual exploitation and 5 per cent is mixed undetermined forms of forced labour. Analysis
conducted by ILO on trends in forced labour demonstrates two important themes: that forced
labour is present in all regions of the world, and that most contemporary forms of forced labour
are extracted by private agents.10
39. In the next section, the Special Rapporteur will describe the reality of bonded labour before
looking at its links with trafficking.
B. Bonded labour
Definition
40. Debt bondage, or bonded labour, is defined in article 1 (a) of the Supplementary
Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar
to Slavery as “the status or condition arising from a pledge by a debtor of his personal services or
those of a person under his control as security for a debt, if the value of those services as
reasonably assessed is not applied towards the liquidation of the debt or the length and nature of
those services are not respectively limited and defined”. Bonded labour is within the category of
practices likely to result in a “servile status” and under the Supplementary Convention
Governments are obliged to pass laws to abolish it.
41. Bonded labour occurs when a person offers his/her labour services in exchange for the
repayment of a debt. However, in order for this sort of arrangement to be considered bonded
labour, some supplementary conditions must apply. The person has to lose control over his/her
work conditions, the length of the arrangement, and the equivalent in terms of labour of the
amount of money owed.11 Unlike in cases of a regular loan, safeguards such as reasonable
conditions of repayment or agreed interest rates do not exist. Research has demonstrated that the
employer uses the debt to coerce individuals into working in exploitative conditions with long
working hours, low wages, no days off, etc.12
42. There are two distinct forms of bonded labour: firstly, when the debtor, his life and his
family’s lives become “collateral” for the debt; and secondly, when the work of the debtor is
allegedly applied to the debt repayment. The first form, where the very nature of the agreement
transforms labour into collateral, in reality rejects any condition under which the trapped person
can repay the debt. The second form is a violation of the debt agreement, as the value of the
services as reasonably assessed is not in fact applied towards the liquidation of the debt,
entrapping the debtor.13
10
Ibid.
11
See Kevin Bales, Understanding Global Slavery, University of California Press
(1st edition), 2005.
12
Kaye and Mcquade , op. cit., p. 3.
13
Ibid.
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