A/HRC/24/43
occurs in isolated areas and access can be challenged or compromised when workers are
involved in illegal activities, when they are geographically isolated, or when they work in
violent or politically unstable countries or regions. The challenge of accessing women and
children can increase in countries with cultural norms that restrict them from having contact
with outsiders or strangers, or their general freedom of movement. For example, the Special
Rapporteur has reported that it is difficult to access forced child labourers working in mines
and quarries located in remote areas (see A/HRC/18/30).
41.
It can also be difficult to identify victims of contemporary forms of slavery. Unlike
child labour or dangerous working conditions, in which inspectors may identify victims by
sight, it is difficult to identify victims of slavery without conducting extensive assessments.
As most victims may not show visible signs of entrapment, authorities must ascertain
whether they are being forced to work against their will. They must assess whether workers
are employed under conditions to which they originally consented and whether there is the
menace of penalty for leaving their employment. In some cases, a victim of slavery may be
labouring alongside a freely employed worker. This requires authorities to have a much
higher level of training, time and resources at their disposal.
42.
Yet, even when inspectors are trained to identify victims of slavery, many victims
may be afraid to talk because of threats made against them. This is especially true with
migrant workers, many of whom are afraid that authorities may harass, detain or deport
them. In the United States of America, for example, some migrant workers have reported
that they are afraid to talk to neighbours or unable to do so owing to language barriers. In
some cases, their employers have threatened to report them to immigration authorities if
they try to leave.31
43.
The State’s ability to enforce the law can also be weak in remote and isolated areas.
In the Plurinational State of Bolivia, for example, the State had a weak presence in the
Chaco region, resulting in a failure to comply with ILO Convention No. 29.32 In Peru,
research indicates that the Government’s capacity to enforce labour and criminal law in
protected and remote areas is limited by the danger and costliness of entering them. Owing
to a fear of heavily armed groups operating illegally, the authorities are not able to enter
protected areas unless they are provided with military support.
44.
Lack of prosecutions and convictions for contemporary forms of slavery can also be
a significant problem. One reason for this is poor integration and cooperation among
government institutions. The Special Rapporteur noted that, during some of her missions,
there was lack of integration between the criminal, labour and civil law specifically
addressing forced labour, which impeded enforcement efforts. This lack results in
inadequate investigations and sanctioning of slavery-like practices. The Special Rapporteur
has noted that multi-sectoral commissions must have representation from relevant
concerned government offices in order for them to effectively combat slavery.
45.
Another challenge in combating contemporary forms of slavery is the failure of
Governments in some countries to adequately protect victims, while in other countries
punitive actions by the State can exacerbate worker vulnerability, in some cases forcing
workers deeper underground and making it harder to detect victims.
31
32
12
See Verité, Regional Report – Immigrant Workers in US Agriculture: The Role of Labor Brokers in
Vulnerability to Forced Labor, Help Wanted: Hiring, Human Trafficking and Modern-Day Slavery in
the Global Economy series (2010).
José Antonio Arze Aguirre, “Documento de trabajo en materia de legislación comparada de Bolivia y
Estados Unidos de América, en materia de trabajo forzoso”, unpublished paper prepared by the
consultant as part of this study (2010).
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