A/HRC/12/21
page 19
B. National instruments
83. Based on the questionnaire responses, many countries have adopted national legislative
measures to prohibit labour exploitation and forced labour. National legislation is targeted at
forced labour and not specifically bonded labour. However, the approaches in doing so have
been different. Based on the replies received from Member States to the questionnaire, the
Special Rapporteur has made the following observations.
84. Many countries, in defining forced labour, used labour coercion as a determining factor
and did not include labour conditions. Exploitation as such is not clearly defined in international
law and different approaches can be taken to defining it. Exploitation can be understood as a
series of labour conditions that alone or together can be considered “exploitative”. These
conditions can affect the number of hours worked during a day, the wages, the duration of the
contract, etc. Under this definition, the concept of exploitation can vary from one context to
another and depend strongly on economic and social factors. However, the responses to the
questionnaire would indicate that most countries seem to have based their definition of
exploitation not on the conditions of work, but on whether an element of coercion exists,
coercion being understood as fear for the safety of oneself or the safety of others. Therefore, if
there is no coercion, it can be implied that there is no labour exploitation, the working conditions
notwithstanding.
85. In addition to adopting legislation, States have taken concrete policy measures to prevent
forced labour, predominantly within the context of trafficking. Training courses are increasingly
being provided to law enforcement officials and immigration officers in order that they may be
able to identify circumstances of labour exploitation and forced labour. Some Governments have
funded awareness-raising campaigns which target the general public and law enforcement
agencies. Often programmes addressing these issues have been integrated into bigger policies on
related areas such as violence against women and child labour rights. Some Governments have
also decentralized the implementation of the policies by working with organizations such as
labour recruitment agencies.
86. When it comes to implementation of the legislative framework, however, most States noted
that it is hard to obtain exact data as often offences related to forced labour, trafficking or bonded
labour are criminalized under the general penal or criminal code. Offences can therefore be
prosecuted under various charges, which makes it harder to extract precise data.
87. With regard to policies aiming at the rehabilitation of victims, some States have created
victims’ services such as shelters and drop-in centres. It is worth noting that many of these
services specifically address the needs of women and children. However, the services are not
aimed specifically at victims of forced labour.
88. Finally, many States identified globalization and its impact on the liberalization of markets
and the privatization of various sectors of the economy as key factors putting additional pressure
on the labour markets and therefore hindering efforts to eradicate forced labour.
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