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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