A/HRC/24/43
provided with a “temporary worker card”.28 This carnet only allows them “to perform the
gainful activity for which they were admitted, for the authorized period of time and within
the authorized area”. Migration Law 285-04 stipulates that employers should “repatriate”
workers once their carnets expire, giving employers the authority to deport workers. This
creates a legal restriction on migrant workers’ freedom of movement, links them to a
specific employer and creates an inherent menace of penalty of deportation for leaving their
jobs or workplaces.
B.
Institutional and implementation challenges
37.
There are a number of institutional deficits that may prevent the full enforcement of
laws against contemporary forms of slavery. Although countries may have ratified laws and
international conventions that explicitly prohibit and sanction such exploitation, many
Governments have not taken adequate action to enforce these laws. In some cases, central
Governments’ failure to recognize the existence of contemporary slavery severely limits
their enforcement activities. For example, the Government of the Dominican Republic has
not recognized the existence of forced labour in any economic sector in the country,
including sugar.29 For this reason, there are no plans or programmes designed to combat the
abuse.
38.
In many countries in which slavery occurs, victims are poor, have few political
connections and have little power to voice their grievances. These communities are
normally marginalized and discriminated against as a result of their caste, race, gender
and/or their origin as migrants or indigenous populations. In contrast, perpetrators may be
wealthy, well-connected individuals who are able to influence policy and enforcement. This
can result in corruption and a system in which there is little pressure on authorities to take
action to combat exploitation. In Peru, gold generates tremendous profits and breeds
corruption at every level, making it extremely difficult to combat labour abuses in illegal
gold mining, including significant indicators of slavery. Such corruption facilitates the
continued operation of illegal mines and gold-laundering and frustrates government
enforcement efforts. In many cases, even when authorities have the will to carry out
enforcement, they lack the training and resources to adequately do so.
39.
A lack of resources and low levels of awareness and understanding often manifest
themselves in deficiencies in labour inspectorates and other public enforcement institutions,
severely limiting Governments’ ability to detect victims of contemporary forms of slavery.
For example, one of the biggest factors impeding the ability of the Government of
Guatemala to protect agricultural workers from exploitation is its deficient labour
inspection system. Problems facing the Labour Inspectorate include a lack of staff and
funding, the inability of inspectors to set fines and labour inspectors’ fear of carrying out
inspections in the agricultural sector due to high levels of violence in the country.30
40.
Even in countries in which authorities have the will and resources to combat
contemporary slavery, they face the difficulty of locating victims. Contemporary forms of
slavery often involve hidden populations, some of whom perform illicit work. Slavery often
28
29
30
According to Article 55, the carnet must contain the following information: the name and photograph
of the worker; the type of job they will be carrying out; their country of origin; an identification
number; their date of birth; gender; date and place of entry; length of stay; extension of stay (if
relevant); the area where the worker lives and works; the worker’s signature and fingerprints; and the
employer’s name, address, and economic activity.
Government of the Dominican Republic, Declaraciones del Ministro de Trabajo ante el Comité de
Derechos Económicos Sociales y Culturales, 3 November 2011, Geneva, interview with the Director
of Inspections, Federico Gomera.
See Verité, Research on Indicators of Forced Labor.
11
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