A/HRC/45/8
pension payments for senior citizens.116 In Asia, the Philippines has established a COVID19 package, which includes financial support for those held in quarantine, 117 and Japan has
made one-off payments to both domestic and migrant workers who have become
unemployed. 118 In the Middle East, Qatar and Saudi Arabia are providing free medical
testing and quarantine services for their citizens and for migrant workers. 119
79.
These and other measures should be widely recognized, as they can mitigate
people’s level of precariousness and hence their vulnerability to contemporary forms of
slavery. However, the appropriateness and effectiveness of such measures in addressing the
impacts of COVID-19 and protecting workers remain to be seen. The Special Rapporteur
will therefore continue to analyse State responses to the pandemic during his tenure with a
view to identifying best practices and providing guidance, as may be helpful.
80.
While States are primarily responsible for ensuring that businesses comply with
international standards, the private sector should abide by the Guiding Principles on
Business and Human Rights: Implementing the United Nations “Protect, Respect and
Remedy” Framework. This is particularly the case when ensuring human rights due
diligence and ensuring that contemporary forms of slavery are not part of their supply
chains and recruitment practices.120
81.
A number of companies have endorsed the ILO Call to Action in the garment
industry.121 Some companies have supported suppliers to access finance, providing early
payments to vulnerable small and medium-sized suppliers to help with financial liquidity
and offering cash flow relief.122 It is also worth noting that some workers, through workers
union associations, have successfully negotiated protection schemes directly with
businesses. For example, the IndustriALL Global Union affiliate, the Southern African
Clothing and Textile Workers’ Union, reached an agreement with employers to guarantee
six weeks of full pay for 80,000 workers as the country was preparing for lockdown. 123
While these and other initiatives by businesses and employers are to be welcomed, their
appropriateness and effectiveness must be carefully analysed.
3.
International solidarity and cooperation
82.
The erga omnes nature of protection from slavery 124 enhances the obligation to
cooperate, which is stipulated, particularly in article 2 of the International Covenant on
Economic, Social and Cultural Rights. In addition to direct financial assistance, technical
and medical assistance, such as provision of medicines and vaccines, ventilators and
personal protection equipment can free up resources to support businesses and workers
domestically.
83.
It is also desirable that economic sanctions and other coercive measures imposed on
some States are temporarily relaxed during the pandemic. Such measures often have
negative impacts on the protection and promotion of human rights,125 including the right to
116
117
118
119
120
121
122
123
124
125
Maximo Torero Cullen, “COVID-19 and the risk to food supply chains: how to respond?”, Food and
Agricultural Organization of the United Nations, 29 March 2020.
ILO, “Social protection responses to the COVID-19 pandemic in developing countries”, p. 4.
ILO, “Social protection responses to the COVID-19 crisis: country responses and policy
considerations”, Social Protection Spotlight, 23 April 2020, p. 4.
ILO, “Social protection for migrant workers: a necessary response to the COVID-19 crisis”, Social
Protection Spotlight, 23 June 2020, p. 5.
For further discussion, see A/HRC/30/35 and A/HRC/35/37.
See www.ilo.org/global/topics/coronavirus/sectoral/WCMS_744285/lang--en/index.htm.
Submission from Anti-Slavery International, p. 11.
IndustriALL Global Union, “South African textile union wins full pay guarantee during coronavirus
lockdown”, press release, 26 March 2020.
Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain), Judgment, I.C.J Reports
1970, p. 3 (paras. 33–34).
Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of
human rights, COVID-19 human rights guidance note (May 2020). Available at
www.ohchr.org/Documents/Issues/UCM/UCMCOVID19GuidanceNote.pdf.
17
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