A/HRC/42/44
corporate leverage – to promote the right to be free from slavery and to remedy harm. There
is a growing effort to use strategic litigation to this effect. 94 Such creative approaches will
be increasingly important in contexts where the reach of the State and the rule of law is
weak, which is likely to include numerous conflict-affected and climate-change-affected
areas in coming years.
41.
At the same time, the central role of States in addressing impunity must not be
overlooked. A relevant initiative in this regard is the appointment by Alliance 8.7 of
Pathfinder countries that have committed to work more intensely to achieve target 8.7.95
With technical and financial support from the Alliance, those States are expected to
advance their efforts to tackle contemporary forms of slavery. This initiative offers an
important opportunity to accelerate progress towards target 8.7, but it will also be important
to ensure that States volunteering to be Pathfinders use the resources to which they gain
access effectively.
42.
It will require greater efforts by States to hold each other accountable for violations
of the right to be free from slavery and servitude, especially in the most egregious cases
where forced labour or other prohibited conduct results from public policy. 96 According to
Global Estimates of Modern Slavery, 4.1 million people were in forced labour imposed by
State authorities. 97 The scale of such violations, if demonstrated, should cause serious
concern and generate far more frequent and rigorous efforts by States to hold each other to
account. Recent research has pointed to a variety of ways in which State responsibility may
be activated, from the actions of corrupt border officials participating in slavery networks 98
to diplomats enslaving domestic workers 99 to States providing export credit for companies
that rely on enslaved workers.100
Data
43.
While there have been important recent developments, including the adoption of
standardized survey methodologies by the International Conference of Labour Statisticians,
baseline data on prevalence of slavery need further strengthening. 101 Data collection and
analysis is hampered by the clandestine nature of contemporary forms of slavery, by limited
resources, by the lack of shared typologies and collection methodologies and by necessary
restrictions on data sharing.102 Existing prevalence estimation approaches are blunt, as they
operate at a high level of generality and may overlook significant differences in
vulnerability at the subnational level. 103 Some regions are not well covered by existing
estimates. 104 Cost and replicability are also major concerns. Standard methodological
94
95
96
97
98
99
100
101
102
103
104
“Turning outrage into action: using strategic litigation to combat modern slavery”, Freedom Fund, 15
December 2015.
See www.alliance87.org/pathfinder-countries/.
Philippa Webb and Rosana Garciandia, “State responsibility for modern slavery: uncovering and
bridging the gap”, International and Comparative Law Quarterly, vol. 68, Issue 3 (July 2019). See
also Monash Trafficking and Slavery Research Group submission, p. 2.
ILO, Walk Free Foundation and IOM, Global Estimates of Modern Slavery, p. 10.
See, e.g., “Fact-finding mission on Myanmar: concrete and overwhelming information points to
international crimes”, Human Rights Council News, 12 March 2018. See also Webb and Garciandia,
“State responsibility for modern slavery”.
Supreme Court of the United Kingdom, Benkharbouche (Respondent) v. Secretary of State for
Foreign and Commonwealth Affairs (Appellant) and Secretary of State for Foreign and
Commonwealth Affairs and Libya (Appellants) v. Janah (Respondent), Judgment of 18 October 2017;
and Reyes (Appellant/Cross-Respondent) v. Al-Malki and another (Respondents/Cross-Appellants),
Judgment of 18 October 2017.
Webb and Garciandia, “State responsibility for modern slavery”.
See UNU-CS submission and Government of Poland submission, p. 2. See also R. Weitzer, “New
directions in research on human trafficking”, The Annals of the American Academy of Political and
Social Science, vol. 653, No. 1, pp. 6–24 (May 2014).
Rights Lab, Global Fund to End Modern Slavery, UNU-CS, Tech Against Trafficking and Monash
Trafficking and Slavery Research Group submissions.
National Survivor Network submission.
Walk Free submission, p. 1.
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