Example Forced or compulsory labour is an ancient practice akin to slavery that has no place in the modern world. It runs completely counter to all the underlying principles of democracy, which is based on the freedom and equality of all citizens, and of free choice in a market economy. Indeed, it is the very antithesis of the ideal form of employment, namely full, productive and freely chosen employment, as set out in the the ILO’s Employment Policy Convention, 1964 (No. 122).
The issue of forced or compulsory labour has been the subject of universal condemnation, particularly as from the 19th century, with renewed interest at various periods, including in the late 1920s in connection with certain practices in colonial territories and once again in recent years. Attention over the past few years has focused on with the trafficking of persons in relation to compulsory labour in domestic service, agriculture and the sex trade. Its continuing occurrence in the forms of debt bondage and coercive recruitment for agricultural work in some countries hs also met with renewed efforts at eradication. The ILO Global Report, Stopping forced labour1, submitted to the ILO Conference in June 2001, reviews the prevalence of these different forms of forced labour, the measures that are being taken to combat them and the further action that is required.
The Forced Labour Convention, 1930 (No. 29) and the Abolition of Forced Labour Convention, 1957 (No. 105) are the primary ILO instruments aimed at the prohibition and elimination of forced or compulsory labour. The United Nations Slavery Convention, 1927, and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956, also deal with the forms of forced labour that amount to slavery, as well as other forms of forced labour similar to slavery, such as debt bondage, serfdom and the exploitation of child labour.2
According to the ILO Declaration on Fundamental Principles and Rights at Work of 1998, all the ILO’s Members have an obligation, even if they have not ratified the ILO Conventions in question, to respect, promote and realize the principle of the elimination of all forms of forced or compulsory labour. The ILO Declaration of 1998 also places a duty on the ILO to assist member States in their efforts to do so.
The elimination of forced or compulsory labour in countries in which it has been found to occur in one form or another, requires a combination of efforts, including legislative prohibition, the regulation of certain activities that may lend themselves to being used to impose forced labour and measures by governments and civil society to combat the practice.
This Chapter reviews the implications for governments of the obligation to eliminate forced labour pursuant to the ILO Declaration of 1998, both with regards legislation to prohibit forced labour in general, as well as legislation aimed specifically at prohibiting or regulating certain kinds of labour or practices, that often entail, or could lead to forms of forced labour, including:
It also contains guidance on how to ensure that training and apprenticeship programmes do not develop into situations of forced labour, as this may be a risk in some contexts.
It should be noted in this regard that Convention No. 29 defines forced labour in the following terms:
For the purposes of this Convention the term "forced or compulsory labour" shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily (Article 2, paragraph 1).
The Convention nevertheless excludes from this definition several forms of forced labour which were recognized at the time as normal obligations in a variety of countries. These are:
Experience has shown that, in formulating proposals for legislative provisions to eliminate forced or compulsory labour, the following should be considered:
In many countries, forced labour is prohibited by constitutional provisions or principles. In some countries where the constitution is directly enforceable, this may be sufficient protection, particularly if there is no recent tradition of practices resembling forced labour. However, in others it may well be necessary to adopt a legislative prohibition of forced labour. The respective provisions may take the form of a general prohibition with or without a specific definition of forced labour.
Example
In addition to setting out a general prohibition of forced labour, legislation should pay particular attention to forced labour situations involving debt bondage, trafficking and commercial sexual exploitation, as discussed below.
Bonded labourers are trapped in situations in which they are forced to work in order to pay off a debt owed to an employer. Such conditions may arise in situations of economic dependence when landowners or other employers give workers loans or advances for food, lodging, seeds, tools or other purposes, which must be repaid by work or the proceeds of work. In cases in which the worker has no alternative to accepting such loans or advances from the landowner or some other employer, the interest charged for the loan or advance and the low value placed on the worker's labour, service or produce (or the indefinite length of time during which the worker must work to pay of the debt) are such that the worker has great difficulty in paying off the debt, which may be inherited, with the debt bondage therefore extending over generations.3 With income that is too low to pay off their debt, and often too low to provide for their basic subsistence, bonded labourers are often forced to take out further loans from the employer, putting them even further in debt. Some bonded labourers work to pay off debts acquired by previous generations. It is not unusual for parents to bond their children in exchange for loans.4 Bonded labour is found mainly in the agricultural sector, but also in mines, brick kilns, leather, fish processing and carpet factories. Workers who have been trafficked, those involved in the commercial sex industry and domestic workers are also often victims of bonded labour (ILO Global Report: Stopping forced labour, Chapter 6: "Bonded labour and its eradication").
Legislation that is intended to prohibite and eliminate debt bondage should:
Where bonded labour exists, governments should adopt, publicize and enforce effective legislation that abolishes bonded labour systems and discharges all bonded labourers from any obligation and debt. This legislation should be based on a thorough study of the practice of bonded labour in the country, with a view to ensuring that it is formulated in a way allows its effective enforcement. The legislation should:
Example
To enforce the prohibition of bonded labour, legislation should:
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Bonded labour and land distribution
A practical measure that can also be adopted to address the issue of debt bondage involves land distribution. According to Human Rights Watch/Asia (HRW), land redistribution and the reorganization of land rights seems to have an effect on bonded labour systems. HRW gives the example of the Third Land Reform Act of 1977 in Pakistan, which limits individual land holdings. It adds that: "The impact of land reform on bonded labourers is clear. In areas in which land reform has effectively been implemented, agricultural bonded labour is rare. In areas where the land tenure system remains highly inequitable, debt-bondage is pervasive." (Human Rights Watch) |
While trafficking in persons does not in itself amount to forced labour, it often acts as a means of obtaining workers who are to be subject to forced labour or results in forced labour being exacted to pay off debt. It has been defined in one study as including "all acts involving the capture, acquisition, recruitment and transportation [of persons] within and across national borders with the intent to sell, exchange or use [them] for illegal purposes […]".10 Individuals who have been trafficked are often caught up in situations of forced labour, such as debt bondage, domestic work under harsh conditions, and circumstances involving forced sexual exploitation. The ILO Global Report on forced labour states that, "In practical terms traffickers end up using people to generate income from forced labour exacted from them" (Global Report: Stopping forced labour, p. 48).
Trafficking in persons is now covered by an agreed international definition. Under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, opened for signature in December 2000, "trafficking in persons" is defined as:
the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. (Article 3(a)).
ILO Conventions related to the trafficking of labour include Conventions Nos. 29 and 105, the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the Migration for Employment Convention (Revised), 1949 (No. 97), and the Private Employment Agencies Convention, 1997 (No. 181). Other international instruments relating to trafficking, in addition to the Protocol mentioned above, include the United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949,11 and the United Nations Convention on the Protection of All Migrant Workers and their Families, 1990.
In order to combat trafficking of labour, legislation first has to prohibit and penalize trafficking in persons. It also needs to also address certain issues relating to recruitment for work abroad and migration, as migrant workers in general are vulnerable vis-à-vis their employer or recruiter, especially if they have entered or are staying in a country illegally. This vulnerability exposes them to the risk of having to work in abusive conditions, including entrapment in trafficking leading to forced labour situations. The ILO Declaration of 1998, in its Preamble, refers to the need to give special attention to the problems of migrant workers. The ILO’s Committee of Experts on the Appliction of Conventions and Recommendations has also requested certain governments to address issues concerning migrant workers in dealing with labour trafficking.12 The United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others also emphasizes the need to protect migrants when confronting the issue of trafficking.
The Committee of Experts, in its discussions of the protection of migrants for employment, particularly those in abusive situations, such as trafficking, notes that the protection of migrants is an important means of confronting trafficking in labour and protecting the fundamental rights enshrined in the ILO Declaration of 1998.13 The Preamble to Convention No. 143 states that standards are needed to eliminate trafficking. Indeed, Convention No. 143 largely deals with migration in abusive conditions, including trafficking as one of its most serious forms.14
Legislation should address all forms of labour trafficking resulting in forced labour, including trafficking for prostitution, agricultural work, construction and domestic work, where such work results in situations of forced labour. While legislation should deal with all types of labour trafficking, care should also be taken to address the special situation of these workers.
Overall, in aiming to eliminate the trafficking of persons and the exploitation of migrants, legislation should prohibit and penalize trafficking and should combat migration in abusive conditions. Regulation of the activities of recruiters in the country of emigration should be an important part of such legislation. Legislation should also ensure that national laws apply to migrants in the country of immigration and that migrant workers are afforded minimum standards of protection, including respect for their fundamental human rights. As with all legislation aimed at eliminating forced labour, effective enforcement mechanisms are necessary to combat trafficking and the exploitation of migrants.
Clearly, the legislation should prohibit and penalize trafficking in persons.
Example
According to Article 2(1) of Convention No. 143, migration in abusive conditions includes situations in which migrants for employment are subjected during their journey, on arrival, or during their period of residence and employment to conditions prohibited by international instruments or national laws or regulations. Labour trafficking is a major form of migration in abusive conditions and Part I of Convention No. 143 is primarily aimed at traffickers of labour.16
Abusive practices in the field of migration Malpractices exist where the treatment of migrant workers and members of their family is not in accordance with national laws and regulations or ratified international standards, and where such treatment is recurrent and deliberate. Exploitation exists where, for example, such treatment incurs very serious pecuniary or other consequences; migrants are specifically subjected to unacceptably harsh working and living conditions or are faced with dangers to their personal security or life; workers have transfers of earnings imposed on them without their voluntary consent; candidates for migration are enticed into employment under false pretences; workers suffer degrading treatment or women [or children] are abused or forced into prostitution; workers are made to sign employment contracts by go-betweens who know that the contracts will generally not be honoured upon commencement of employment; migrants have their passports or other identity documents confiscated; workers are dismissed or blacklisted when they join or establish workers' organizations; they suffer deductions from wages without their voluntary consent which they can recuperate only if they return to their country of origin; migrants are summarily expelled as a means to deprive them of their rights arising out of past employment, stay or status. (Source: Report of the Tripartite Meeting of Experts on Future ILO Activities in the Field of Migration, Annex III, para. 1(2)). |
In order to combat migration in abusive conditions, legislation should provide for the establishment of mechanisms to detect whether:
Measures for the detection of migration in abusive conditions could include:
It should also provide for the establishment of mechanisms within the jurisdiction of the country in question and in collaboration with other states to prevent or suppress clandestine movements of migrants for employment and the illegal employment of migrants;19
Measures to prevent or suppress clandestine migration for abusive work could include:
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The case of migrant domestic workers
A domestic worker provides remunerated services in a private household
as a child-minder, cook, housekeeper, garden worker, chauffeur, etc.
The great majority of domestic workers are women or children who migrate
from rural and economically less-favoured areas either within the same
country or transnationally. Often they are victims of trafficking and
abusive migration. Many are also trapped in debt bondage, obliged to
repay the costs of migration or cash advances made to other family members.
In these cases, domestic workers are subject to poor living conditions,
low wages (if any at all), long working hours and an overall lack of
respect for their basic rights. Such workers are often unable to leave
the household as a result of violence or threats of violence, being locked
in or having their papers taken away. Under such circumstances, domestic
work is a form of forced labour. Nevertheless, domestic workers are often
excluded from basic labour legislation, in many cases because governments
are wary of extending legislation to private households. However, because
domestic work is frequently a form of forced labour, it should be addressed
by the legislation.
|
To prevent migration from becoming abusive, legislation should provide that recruitment agencies and other organizers of migration for employment (whether public or private):
Example
In order to ensure minimum standards for the protection of migrant workers regardless of immigration status, legislation in the country of immigration should:
To prevent migration from becoming abusive, labour laws should apply without discrimination to immigrants lawfully within a member state's territory and should provide for treatment no less favourable than that which it applies to its own nationals, particularly in matters of:42
Legislation in the country of emigration could:
Example
With a view to the effective enforcement of laws addressing trafficking and the exploitation of migrant workers:
(a) Legislation regarding trafficking and migration in abusive conditions should:
Example
(b) Legislation providing for the application to migrant workers of national labour laws and minimum standards of protection should:
While domestic work per se is not forced labour, domestic workers are very vulnerable as they tend to work in isolation and are frequently excluded from the coverage of labour legislation. Under certain conditions, domestic work can therefore degenerate into forced labour.60
With a view to providing them with more effective protection and thereby endeavouring to prevent the possibility of domestic work degenerating into forced labour, legislation on domestic workers should:
Enforcement mechanisms for legislation regarding domestic work include those adopted to address the trafficking and exploitation of migrant workers (see Trafficking in persons and forced labour: prevention and elimination of trafficking and exploitation of migrants above), forced labour (see Enforcement provisions for legislation on forced labour below) and, in the case of child domestic workers, enforcement provisions dealing with the worst forms of child labour and the elimination of child labour in general (see Chapter VIII).
For the purposes of the present text, commercial sexual exploitation involves the use, procuring or offering of a person for prostitution or the production of pornography through the use of force or coercion and/or for financial or material gain. While some adults can be said to freely choose to work as a prostitute or as the subject of pornography, others are coerced or forced into such work through deception, violence and/or debt bondage.69 This discussion draws extensively from the study by Lin Lean Lim. Although the study is limited to prostitution in parts of South East Asia, many of its findings and recommendations can be applied to all forms of sexual exploitation in any country. Frequently, those involved are the victims of trafficking and are forced to work in slave-like conditions, virtually owned by their employers and without any choice over their customers, the numbers served, acts performed or hours worked. Working conditions in such cases are clearly exploitative and the victims are subject to various forms of physical and psychological abuse. The guidance provided focuses on these forms of sexual exploitation, rather than voluntary forms of prostitution and pornography.
Child prostitution and pornography is always considered to constitute forced labour and a modern form of slavery,70 and is one of the worst forms of child labour71 (see Chapter VIII). Children are not considered to be capable of making a voluntary decision to engage in such work. Because of their immaturity and relative helplessness compared to adults, they are often the targets of trafficking, force and coercion. In some cases, it is even the parents even sell their children into sexual slavery. The working conditions of child sex workers are also known to be even more abusive than those of adults engaged in the same work. Furthermore, children in such situations are more susceptible to disease, psychological trauma and stunted development.72 Consequently, the commercial sexual exploitation of children is both a form of forced labour and one of the worst forms of child labour and should be specifically addressed by national legislation.
Commercial sexual exploitation has been found to be an outgrowth of poverty, underdevelopment and other economic factors, as well as the social mores that dictate gender relations and relations between parents and children.73 As a result, the exploitation of such labour must not only be prohibited and punished but the need also has to be recognized of establishing social and economic programmes to prevent commercial sexual exploitation in the future and to rehabilitate the victims of such abusive work.
Legislation addressing the commercial sexual exploitation of adults and children should:
Enforcement measures might also include:84
Additional enforcement measures include those relating to forced labour in general (see Enforcement provisions for legislation on forced labour below).
Example
Legislation should provide children with special protections against commercial sexual exploitation. Above all, it should criminalize all forms of child prostitution and pornography.85
Legislation could also:
Other means of protecting children against commercial sexual exploitation include measures to address the worst forms of child labour (see Chapter VIII).
Example
The adoption and enforcement of legislation needs to be supplemented by social and economic programmes to prevent commercial sexual exploitation and rehabilitate adult and child victims of such exploitation. Such programmes should reflect a multi-pronged approach to the elimination of commercial sexual exploitation, involving, inter alia, measures promoting economic development, health services, education and legal aid.93
Legislation should support social and economic programmes and policies such as:
Experience shows that effective programmes often provide for close cooperation and coordination among government agencies, NGO's, women, youth and child groups, former sex workers, the media and other groups concerned with the elimination of commercial sexual exploitation.100
Examples of social and economic programmes addressing commercial sexual exploitation can be found in Lin Lean Lim, The Sex Sector: The economic and social bases of prostitution in Southeast Asia. See pp. 61-65 for programmes implemented in Indonesia, pp. 93-98 for Malaysia, pp. 124-128 for the Philippines and pp. 165-169 for Thailand.
For social and economic programmes geared more specifically towards the elimination of the commercial sexual exploitation of children and other worst forms of child labour, see the section on child labour (see Chapter VIII).
One of the first requirements in relation to enforcement provisions for legislation on forced labour is the need to ensure that forced or compulsory labour is punishable as a penal offence.101
Example
In addition, enforcement mechanisms common to all forms of forced labour should include:
These mechanisms should be established in addition to those indicated under the specific types of forced labour, namely debt bondage, the trafficking and exploitation of migrants and commercial sexual exploitation.
Legislation on the abolition of forced or compulsory labour should support the extension of the duties of any existing labour inspectorate to cover activities for the detection and elimination of forced or compulsory labour.102 Thise provisions adopted in this respect should be in conformity with the requirements of the Labour Inspection Convention, 1947 (No. 81), and should therefore:
Example
The respective legislation should support the organization of a system of supervision of the activities of the authorities responsible for ensuring the application of the legislation on forced labour. This system should:
It is of particular importance for the legislation to ensure that victims of forced labour are able to submit complaints to the authorities and that such complaints are examined.113
The legislation on forced labour should support the organization of public information campaigns in conjunction with workers' representatives, the media, NGOs, human rights organizations, religious organizations and community groups to inform workers of their rights and to raise public awareness of forced labour.114
Information Campaign Against Trafficking in Women from Ukraine
1. Stopping forced labour, Global Report under the Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, International Labour Conference, 89th Session 2001, Report I(B), (ILO, Geneva, 2001).
2. The United Nations Slavery Convention, 1926, defines slavery as "The status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised." (Article 1(1)). While slavery is a type of forced labour, the term forced labour is broad enough to cover other forms of forced or coerced labour in which the exercise of ownership over the worker is not present and which do not necessarily amount to slavery or practices similar to slavery.
3. See United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, Article 1(a).
4. Anti-Slavery International, This menace of bonded labour; Debt bondage in Pakistan (London, 1996), p. 14.
5. The Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), addresses forms of wage payment that may result in indebtedness. It requires the payment of wages at regular intervals and states that payment should normally be in legal tender. See also the Protection of Wages Convention (No. 95) and Recommendation (No. 85), 1949.
6. See the Minimum Wage Fixing Convention, 1970 (No. 131).
7. Committee of Experts on the Application of Conventions and Recommendation, 1993 (India) and (Pakistan). See also a programme presented by Anti-Slavery International, Slavery in Brazil, A link in the chain of modernisation (London, 1994), p. 145.
8. A. Bequele and W. Myers, First things first in child labour: Eliminating work detrimental to children (United Nations Childrens Fund and ILO, Geneva, 1995), p.109.
9. Ibid.
10. Lin Lean Lim, The sex sector: The economic and social bases of prostitution in Southeast Asia (ILO, Geneva, 1998), p. 179. For other attempts at defining trafficking, see the Global Alliance Against Traffic in Women, Human Rights Standards for the Treatment of Trafficked Persons, 1999 and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, 2001. The growing trend is to recognize that trafficking can be internal as well as transnational and that it does not require the consent of the would-be migrant.
11. This Convention has been criticized for being limited to trafficking for the purposes of sexual exploitation.
12. See, e.g., individual observation concerning Convention No. 105, Dominican Republic, Committee of Experts on the Application of Conventions and Recommendations, 1991; individual observation concerning Convention No. 29, Thailand, Committee of Experts on the Application of Conventions and Recommendations, 1990.
13. See General Survey on Migrant Workers, Report III (Part 4B), ILC, 66th Session, Geneva, 1999, Chapter 4.
14. Ibid., para. 289.
15. The examples concerning penal legislation are not meant to be interpreted as the promotion of good criminal legislation, but rather should be viewed as examples of how some governments have decided to address the need to enforce prohibitions relating to forced labour.
16. General Survey, op. cit., para. 187.
17. Convention No. 143, Article 2, paragraph 1.
18. General Survey, op. cit., para. 324.
19. Convention No. 143, Article 3(a).
20. General Survey, op. cit., paras. 325-326.
21. Ibid., para. 328.
22. Conventions Nos. 181 and 97. For a more detailed discussion of public and private recruitment bodies, see General Survey, op. cit., paras. 161-189.
23. Convention No. 181, Article 9.
24. Convention No. 97, Articles 2 and 3.
25. W.-R. Böhning, Workshop on Overseas Employment Institutions (Preparatory text), 1998.
26. Convention No. 97, Annex I, Article 5, and Annex II, Article 6.
27. Convention No. 181, Article 7; Convention No. 97, Article 7, Annex I, Article 4, and Annex II, Article 4.
28. Convention No. 97, Annex I, Article 6, and Annex II, Article 7.
29. Convention No. 97, Article 7, and Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1995 (No. 100), Part II, Paragraph 15(2)(b).
30. W.-R. Böhning, op. cit., 1998.
31. This refers to the fundamental human rights contained in international instruments adopted by the United Nations, including the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the International Covenant of Economic, Social and Cultural Rights (1966) and the rights enshrined in the ILO Declaration on Fundamental Principles and Rights at Work, 1998. See also, General Survey, op. cit., para. 296.
32. Convention No. 143, Article 1. See also General Survey, op. cit., paras. 295-297, and the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 1990. The Constitutions of some countries guarantee respect for the basic freedoms and human rights of all persons within their territory. See e.g., the Constitution of the United Kingdom (Gibraltar).
33. Convention No. 143, Article 9, paragraph 1.
34. Ibid., Article 9, paragraph 2.
35. Ibid., Article 9, paragraph 3. See also General Survey, op. cit., para. 310, which states that in cases where the migrant is in an illegal situation for reasons which cannot be attributed to him or her, the costs of return to the country of origin should not be borne by the worker. However, in cases where the worker is in an illegal situation for reasons attributable to her/him, only the costs of expulsion may not fall on the migrant.
36. Migrant Workers' Recommendation, 1975 (No. 151).
37. Convention No. 97, Annex II, Articles 9 and 10.
38. Recommendation No. 151.
39. Ibid.
40. W.-R. Böhning, op. cit., 1998.
41. See, e.g., the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, 2000.
42. Unless otherwise indicated, these recommendations are taken from Convention No. 97, Article 6. See also Convention No. 143, Part II; Recommendation No. 151, Part I, Paragraph 2; Recommendation No. 100, Part IV, Paragraphs 20–56. See also the United Nations International Convention on the Protection of the Rights of All Migrant Workers and their Families, 1990.
43. Recommendation No. 100, Part IV, Paragraphs 33 and 34.
44. Convention No. 143, Articles 3(b) and 6(1), and the United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, Article 1.
45. General Survey, op. cit., para 342.
46. Convention No. 143, Article 5.
47. Global Alliance Against Traffic in Women, Human Rights Standards for the Treatment of Trafficked Persons.
48. See, e.g., the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, 2000.
49. See, e.g., ibid.
50. Convention No. 143, Articles 2, 4, and 7.
51. Ibid., Article 4.
52. General Survey, op. cit., para. 160.
53. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, Art. 17(1).
54. Ibid., Article 17(2).
55. Ibid., Article 17(3). This provision relates specifically to trafficking for purposes of prostitution. However, it can be applied to all types of trafficking.
56. Ibid., Article 17(4).
56. Convention No. 143, Part II, Article 12(c).
58. Recommendation No. 151, Paragraph 4(b).
59. Ibid., Paragraph 22(3).
60. Global Report, op. cit., Chapter 5, and A. Blackett, Making domestic work visible: The case for specific regulation, Labour Law and Labour Relations Branch (ILO, Geneva, 1998), p.5.
61. Forty-Hour Week Convention, 1935 (No. 47), Article 1.
62. Reduction of Hours of Work Recommendation, 1962 (No. 116), Part II, Paragraph 11.
63. A. Blackett, op. cit., p. 18.
64. Ibid.
65. Ibid. In her text, the author shows three examples of good legislation on this matter.
66. Minimum Wages Fixing Convention, 1970 (No. 131); Recommendation No. 135.
67. Termination of Employment Convention, 1982 (No. 158), Article 4.
68. Ibid., Article 11.
69. Lin Lean Lim, op. cit., p. 3. Some have argued that all forms of prostitution involve coercion and that there is never a free choice to enter this type of work. See, e.g., Lim, p. 173.
70. Ibid., p. 170, citing the World Congress against the Commercial Exploitation of Children, Draft Declaration and agenda for action, 1996, Stockholm.
71. Convention No. 182, Article 3(b).
72. For a more detailed discussion on how the sexual exploitation of children differs from that of adults, see Lim, op. cit., pp. 173-8.
73. Ibid., pp. 12-3.
74. United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, Article 1(1).
75. Ibid., Article 1(2).
76. Ibid., Article 2(1).
77. Ibid., Article 2(2).
78. Ibid., Article 3.
79. Ibid., Article 4.
80. Lin Lean Lim, op. cit., p. 215.
81. Ibid., p. 215.
82. United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, Article 8.
83. Convention on the Rights of the Child, Article 35.
84. These suggestions draw on recommendations proposed by Lin Lean Lim, op. cit., pp. 216-7.
85. Worst Forms of Child Labour Recommendation, 1999 (No. 190), Paragraph 12.
86. Lin Lean Lim, op. cit., p. 216.
87. Id.
88. Id.
89. Id.
90. Id.
91. Ibid., p. 193.
92. Ibid, p. 217.
93. Ibid., pp. 23-5, 211-4, 218-22.
94. Ibid., p. 218.
95. Id.
96. Id.
97. Ibid., p. 220. The Convention on the Rights of the Child, Article 39, requires States parties to promote the physical and psychological recovery of child victims of exploitation.
98. Lin Lean Lim, op. cit., p. 221.
99. Id.
100. Ibid., p. 219.
101. Convention No. 29, Art. 25.
102. Ibid., Article 24.
103. Ibid., Article 6.
104. Ibid., Article 15.
105. Ibid., Article 7.
106. Ibid., Article 10.
107. Ibid., Article 11.
108. Ibid., Article 12.
109. Ibid., Article 13.
110. Ibid., Article 19.
111. Human Rights Watch/Asia (1995), p. 68.
112. Ibid., p. 4.
113. Convention No. 29, Article 23.
114. Anti-slavery international (1994), Brazil, p. 145.