A/HRC/15/20*
master’s children, fetching water, gathering firewood, pounding millet, moving heavy tents
and performing other domestic tasks. Besides exploitative living and working conditions
and frequent physical and sexual abuse, the specific nature of slavery manifests itself by the
fact that the victim and her children are considered to be their master’s property and can be
rented out, loaned or given as gifts to others.
29.
The Special Rapporteur also notes a 2008 judgment of the Economic Community of
West African States Court of Justice ordering the Government of Niger to pay
compensation to a former domestic “slave” sold to her “master” at the age of 12 and made
to work for almost ten years.8 Although slavery in Niger is criminalized, national courts did
not recognize the plaintiff’s right to be free from her “master” and marry another man.
2.
Domestic servitude resulting from debt bondage
30.
Among the instances leading to domestic servitude is debt bondage, also referred to
as bonded labour (see for information A/HRC/12/21). Article 1 (a) of the 1956
Supplementary Convention on Slavery defines debt bondage as “the status or condition
arising from a pledge by a debtor of his personal services or of 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”.
31.
Bonded labour, which has been historically associated with agricultural production
and the landless poor (see A/HRC/12/21), can touch entire families. In addition to the
agricultural work performed by men, bondage arrangements sometimes extend to women
who are forced to serve in the household of the creditor. In some cases, parents are forced
to give away one or more of their children to the creditor who often subjects them to
domestic servitude.9
32.
The mechanization of agriculture, rural-urban migration and the development of
labour-intensive export industries, coupled with the erosion of workers’ rights outside the
traditional bonded labour context, have led to the emergence of patterns of “neo-bondage”,
whereby destitute people commit themselves to working off loans or wage advances
obtained from their employer and cannot default on this debt, not least due to a fear of
extrajudicial enforcement. In this context, researchers note an increasing feminization of
bonded labour and some of the victims end up in bonded domestic servitude.10
33.
“Neo-bondage” may also emerge in the context of migration for domestic work.
Migrant domestic workers will often assume a considerable debt towards the employer or
the agency organizing her recruitment and transport to cover the cost of the air ticket and
recruitment fees. The domestic worker is then expected to work off this debt. In many
countries, migrant domestic workers are not able to change employers as the validity of
their visa depends on the initial employer’s sponsorship (see section 2f). In addition, they
might be blocked from returning to their home country, because employers or recruitment
agencies withhold passports or return air tickets. They cannot leave their position before
they have worked off their recruitment debt. With salaries being often as low as US$ 100–
300 per month, this means that migrant domestic workers become bonded for long periods
to a single employer, making them easily exploitable.
8
9
10
GE.10-15169
Economic Community of West African States, Community Court of Justice, Hadijatou Mani Koraou
v. The Republic of Niger, application No. ECW/CCJ/APP/08/08; Judgement No.
ECW/CCJ/JUD/06/08 of 27 October 2008.
See Anti-Slavery International, “Forced and Bonded Labour in Nepal: Briefing Note” (July 2009).
See e.g. Krishna Prasad Upadhyaya, “Poverty, Discrimination and Slavery: The reality of bonded
labour in India, Nepal and Pakistan” (Anti-Slavery International, 2008).
7
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