A/HRC/45/8
result, the victims might be left isolated and unable to leave the exploitative and abusive
situations in which they find themselves.96
65.
In summary, although the situation is still evolving, the multifaceted impacts of the
COVID-19 pandemic on contemporary forms of slavery are clear. There is an urgent need
to take action to mitigate these impacts by identifying those who are in slavery situations,
reaching out to those at risk and providing the survivors with access to justice and
remedies.
C.
International standards and emerging good practices
1.
Access to justice and remedies
66.
Access to justice and remedies is a basic right of victims and survivors of
contemporary forms of slavery. The responsibilities of States in this regard are outlined in
the 2017 thematic report of the Special Rapporteur, along with detailed recommendations
(A/HRC/36/43). In light of the increasing risks caused by COVID-19 outlined in the
present report, it is essential that States strengthen their efforts to fulfil their international
obligations and commitments to ensure that survivors of contemporary forms of slavery can
seek justice and effectively obtain remedies.
67.
States must continue to investigate, prosecute and punish perpetrators of
contemporary forms of slavery with due diligence,97 including during states of emergency
imposed as a result of the COVID-19 pandemic,98 owing to the non-derogable nature of the
prohibition of these practices. 99 In practical terms, States must secure and maintain
sufficient financial and human resources to implement their anti-slavery efforts during the
pandemic so that the relevant law enforcement and other public authorities are able to bring
perpetrators to justice.
68.
In this regard, the Special Rapporteur is of a view that financial investigations and
criminal asset recovery should be an integral part of the overall law enforcement responses
to contemporary forms of slavery. It has been estimated that the total illegal profits from
forced labour amount to $150 billion every year.100 As noted by other special procedure
mandate holders, that money should be channelled effectively by States to progressively
realize economic, social and cultural rights (A/HRC/26/28 and Corr.1, para. 27, and
A/HRC/28/60 and Corr.1, para. 22). Moreover, the confiscated proceeds can be used to
enhance access to justice and remedies for victims of contemporary forms of slavery, to
take immediate measures to mitigate the impacts of COVID-19, and to implement wider
prevention measures such as awareness-raising among the general public and businesses
and tackling impunity.
69.
The obligation to ensure protection from contemporary forms of slavery can be
established from the duty to secure, ensure or restore rights and to provide remedies. 101
Importantly, the Human Rights Committee noted in its general comment No. 29 (2001) on
derogations from provisions of the International Covenant on Civil and Political Rights
96
97
98
99
100
101
14
Submission from ECPAT UK, p. 6.
European Court of Human Rights, Siliadin v. France, application No. 73316/01, judgment of 26 July
2005, paras. 89 and 112; Rantsev v. Cyprus and Russia, application No. 25965/04, judgment of 7
January 2010, paras. 285 and 288; J. and others v. Austria, application No. 58216/12, judgment of 17
January 2017, para. 107; Inter-American Court of Human Rights, Hacienda Brasil Verde Workers v.
Brazil, judgment of 20 October 2016, Ser. C, No. 318, para. 319; A/70/260, para. 29; and
A/HRC/36/43, para 15.
CCPR/C/128/2.
International Covenant on Civil and Political Rights, art. 4. See also Convention for the Protection of
Human Rights and Fundamental Freedoms (European Convention on Human Rights), art. 15; and
American Convention on Human Rights, art. 27.
ILO, Profits and poverty: the economics of forced labour (Geneva, ILO, 2014), p. 13.
International Covenant on Civil and Political Rights, art. 2 (3) (a); Convention on the Rights of the
Child, arts. 2–3; European Convention on Human Rights, art. 1 and 13; American Convention on
Human Rights, arts. 1–2; and African Charter on Human and Peoples’ Rights, art. 1.
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