A/HRC/24/43 VI. Good practices A. Legislation 46. There has been a series of improvements to legal frameworks on both an international and national level that represent best practice in combating contemporary forms of slavery. At the national level, a wide range of countries have passed comprehensive legislation prohibiting and sanctioning contemporary forms of slavery. For example, in 2007 Mauritania passed a law criminalizing slavery. Additionally, in Brazil, article 149 of the Penal Code establishes a sentence of between two and eight years’ imprisonment for subjecting a person to forced labour, arduous or degrading working conditions or holding workers at workplaces through surveillance, debt bondage, restriction of movement and retention of personal identification documents or property. The sentence is increased by 50 per cent for cases involving children or discrimination based on religion, gender or race. Brazilian law also prohibits and penalizes other activities related to forced labour, including debt bondage. Nevertheless, owing to the variety of mechanisms used to subject individuals to slavery, many countries have also necessarily looked beyond traditional laws on forced labour and human trafficking. For example, some have established mechanisms to combat exploitative recruitment and hiring practices which increase the risk of contemporary forms of slavery. The Contract Act in Bangladesh, for example, establishes that all employment contracts must be made with the free consent of all parties without coercion, undue influence, fraud or misrepresentation. 47. Other countries have also stepped up efforts to regulate private employment agencies, as required by ILO Convention No. 181 (1997) concerning Private Employment Agencies. In 2011, the Government of Malaysia amended its Employment Act of 1955, defining the term “labour contractor” and requiring that wages paid to domestic workers be deposited into a bank account, that labour contractors register employees with the Director General of Labour and that the termination of foreign workers’ employment be reported to the Director General of Labour. This amendment created a new type of legal labour relationship between third-party contractors and employees. In the Czech Republic, the Employment Act was amended in January 2011 to require the regulation of employment agencies. Such agencies must now be insured, pass a criminal record check and report statistics on the number and nationality of workers placed in employment. 48. A number of countries have also established specific protections for migrant workers, many of whom are extremely vulnerable to contemporary forms of slavery. In 2011, the Czech Republic made several legislative changes to improve protections for migrants and reduce their vulnerability to exploitation. The Act on Residence of Foreign Nationals was amended to require that employers cover the costs of repatriation when foreign nationals exit the country before the expiration of their work permit. Taiwanese law requires government oversight of the agencies through which migrant workers are recruited in order to ensure that they are not charged excessive service fees. 33 In the United Arab Emirates, Ministerial Resolution No. 1186 of 2010 allows migrant workers to transfer from one employer to another after their contracts expire. In 2007, the Mexican National Migration Institute improved labour protections for migrant agricultural workers with the intent of regularizing and reducing abuses of migrant workers. 49. Some countries of origin of migrant workers have also taken important steps. They have established protections for their citizens to reduce the risk of contemporary forms of slavery when migrating overseas for employment. The Nepalese Foreign Employment Act 33 See Government of China (Taiwan Province of China), Council of Labour Affairs, Council of Labour Affairs Newsletter, vol. 69 (September 2004). 13

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