A/HRC/12/21
page 8
25. An NGO has sent a letter to the investigating officer asking that the girls be treated as
victims in accordance with the ITP Act, alleging that the police have named these five girls along
with the accused criminals with the intention of undermining the prosecution of the actual
culprits in the case. This is allegedly due to the fact that prostitution in Varanasi is a business
carried out with the blessings of the local police. The police are also said not to have been
serious enough in the investigation. Reportedly, on 3 September 2008, the magistrate rejected the
bail application filed by Mr. M. and Mrs. A., who are awaiting trial.
Observations
26. The Special Rapporteur regrets that she has not received a reply from the Government of
India to her letter of 21 January 2009, and invites the Government to provide her with
information regarding the allegations set out in her letter.
H. Public statements
27. In addition, the Special Rapporteur made various public statements during the year,
separately and in cooperation with other mandate holders. For example on 2 December 2009, for
the International Day for the Abolition of Slavery, she issued a press release stating that despite
significant progress in the fight against slavery, there was still a need to acknowledge the
existence of traditional forms of slavery, increase our understanding of slavery in its modern
forms, and develop innovative strategies to tackle slavery. On 21 March 2009, on the occasion of
the International Day for the Elimination of Racial Discrimination, the Special Rapporteur made
a statement highlighting the link between discrimination and slavery, at a high-level panel
organized by the Office of the High Commissioner for Human Rights.
III. THE PRACTICE OF BONDED LABOUR
28. Although forced labour is a global problem affecting almost every country, today, forced
and specifically bonded labour is not perceived as slavery or a slavery-like practice, and yet it is
the most widely used method of enslaving people. Despite the fact that it is not well known,
bonded labour is one of the most traditional and widespread forms of forced labour.
29 In order to understand the nature of bonded labour, it is important to look at the broader
issue of forced labour before addressing the specificity of bonded labour.
A. Forced labour
30 While slavery and slavery-like practices are complex phenomena and not always easy to
define, a component of forced labour is almost always present.6
6
Anti-Slavery International, Poverty, Development and the Elimination of Slavery, discussion
paper by Mike Kaye and Aidan Mcquade, October 2007.
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