The 57th Session of the Human Rights Council

9 September – 11 October 2024

Item 3: Promotion and protection of all human rights: civil, political, economic, social and cultural rights, including the right to development

12 September 2024

By Inès Najeh / GICJ

Executive summary

On 12 September 2024, the 8th meeting of the 57th Session of the Human Rights Council considered the report (A/HRC/57/46) of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, more specifically affecting currently and formerly incarcerated people.

The interactive dialogue opened by the Special Rapporteur, Tomoya Obokata, presenting his report which highlighted that while labour during incarceration is permitted under international law, in many cases, it amounts to forced labour due to poor working conditions, inadequate wages, and coercive practices. Incarcerated individuals often receive wages far below the national minimum, insufficient to meet their basic needs or to support their families after release. The Special Rapporteur also emphasised the significant role of state-imposed forced labour, where incarcerated individuals are compelled to work under threat of punishment, violating their fundamental rights.

During the dialogue, several delegations emphasised their national efforts to eliminate forced labour, improve correctional facilities, and implement vocational training programs for prisoners to facilitate reintegration. Many states also stressed the need to address the sexual exploitation of women and ethnic minorities in custody and promote reintegration programs that provide access to education and employment​. 

The Special Rapporteur called for ensuring that incarcerated individuals receive at least the national minimum wage to reduce exploitation and support rehabilitation. Robust mechanisms need to be put into place to prevent sexual violence in prisons and holding perpetrators accountable. In order to do that there is a need to strengthen complaint mechanisms for prisoners. Finally, the Special Rapporteur noted the importance of developing inclusive rehabilitation and reintegration programs to address discrimination, provide access to education, and reduce recidivism.

Geneva International Centre for Justice (GICJ) commends the Special Rapporteur for his report and urges Member States to ensure that incarcerated individuals receive at least the national minimum wage to prevent exploitation and uphold their human rights. Implementing fair wages can also play a crucial role in reducing recidivism and addressing the risk of modern slavery even after their release. Finally, it is crucial to put an end to any state-imposed forced labour during incarceration in accordance with the “Abolition of Forced Labour Convention”. 

Background

Contemporary forms of slavery encompass a wide range of exploitative practices that violate human rights including forced labour, sexual exploitation, and human trafficking. The issue of slavery within prison systems has garnered increasing attention, particularly regarding the labour conditions imposed on incarcerated and formerly incarcerated individuals. 

Although labour during incarceration is permitted under international law, in many cases prisoners are subjected to low wages, poor working conditions, and with little or no consent. These practices can violate fundamental labour rights and are increasingly recognised as modern forms of slavery. This issue expands even to former prisoners reintegrating into society, leaving them vulnerable to further exploitation.

The exploitation of prison labour has roots dating back centuries, with prisoners historically being forced to perform work under harsh conditions. Initially, labour during incarceration was justified as a means of rehabilitation and societal contribution, particularly for public works. However, concerns about the use of prison labour as a form of punishment and control began to arise in the early 20th century. The ILO Forced Labour Convention (1930) allowed prison labour under strict conditions, provided it did not constitute forced labour. 

Addressing contemporary forms of slavery in prisons is crucial for ensuring the dignity, human rights, and rehabilitation of incarcerated individuals. The objective is to prevent exploitation within prisons and provide safe, fair, and voluntary labour conditions that align with international standards. The reintegration of formerly incarcerated people into society is equally important as many face significant barriers in accessing employment, housing, and social services. 

The goal is to protect these individuals from falling into cycles of poverty and exploitation post-incarceration. The International community has set objectives to ensure that prison labour respects human dignity and does not become a form of modern slavery. 

As such a Special Rapporteur was created. The mandate of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, was established in 2007 by the United Nations Human Rights Council in resolution 6/14. This mandate replaced the working group on contemporary forms of slavery. Professor Tomoya Obokata was appointed as Special Rapporteur on contemporary forms of slavery, including its causes and consequences, in March 2020. In his latest report (A/HRC/57/46) the Special rapporteur examines to what extent States make use of compulsory labour for incarcerated individuals and which practices may amount to contemporary forms of slavery and to other human rights violations or abuse.

Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences

The report A/HRC/57/46 by the Special Rapporteur, Tomoya Obokata, presented to the Human Rights Council addresses the issue of contemporary forms of slavery affecting incarcerated and formerly incarcerated individuals. The report highlights concern regarding compulsory labour during incarceration, sexual exploitation within correctional facilities, and challenges faced by individuals after release.

Labour in Prisons

While international standards allow for labour during incarceration, certain practices in correctional settings can lead to exploitation. The report underscores that labour during incarceration is not inherently classified as forced labour under international standards like the ILO Forced Labour Convention (1930). The report explains that many incarcerated individuals are subjected to low wages, poor working conditions, and excessive deductions, making them vulnerable to forced labour. In some cases, tasks are assigned without consideration of skills or personal consent, violating human rights.

The Special Rapporteur noted that incarcerated individuals often receive significantly lower wages compared to the national minimum wages in their respective countries. For instance, in Germany, wages range from €1.59 to €2.65 per hour, while in the United States, they can be as low as $0.13 per hour. These wages are inadequate for covering basic needs or saving for life after release. The report notes that in many states, prisoners are compelled to work under threat of punishment such as solitary confinement, loss of privileges, or extended sentences. This raises concerns that labour in these contexts amounts to forced labour, violating international norms​. 

State-Imposed Forced Labour

The report identifies countries where state-imposed forced labour persists, including during pre-trial and administrative detention. This practice violates international labour standards, especially in contexts where labour is used as a form of political repression or discrimination. Countries such as Belarus, North Korea, China, and Zimbabwe are cited for using labour as a tool of political repression, violating the Abolition of Forced Labour Convention (1957).

Sexual Exploitation

The report sheds light on the issue of sexual violence and exploitation in detention centers and prisons worldwide. Widespread instances of sexual violence in prisons, particularly affecting vulnerable groups such as women, children, and ethnic minorities, are reported. According to the Special Rapporteur, sexual exploitation often remains underreported due to fears of retaliation, with perpetrators including both prison staff and other inmates. The report notes disturbing statistics, such as the fact that two-thirds of federal prisons in the United States reported sexual abuse incidents between 2012 and 2022. The report notes that the underreporting of such actions fosters a “culture of impunity” where perpetrators are rarely held accountable​. 

Reintegration and educational trainings

Formerly incarcerated individuals often face significant barriers in reintegrating into society, including discrimination in employment and housing. This perpetuates a cycle of poverty and exploitation. The report emphasises the need for targeted educational and vocational programs during incarceration to improve post-release prospects.

The special rapporteur noted that despite some positive examples, the quality and availability of educational and vocational programs are lacking in many correctional facilities. Some programs do not equip incarcerated individuals with enough skills or knowledge that would help them secure employment after release. For this reason, the report encourages states to implement individualised, culturally appropriate, and gender-sensitive training programs. The report stresses that increased investment in rehabilitation programs can help reduce recidivism and prevent exploitation after release.

At the end of the report, the Special Rapporteur called for better wages, safe working conditions, and recognition of incarcerated individuals as workers under international labour laws. He urges States to implement robust mechanisms to address and prevent sexual violence in prisons and ensure accountability for perpetrators. There is an urgent need for incarcerated individuals to have access to justice, with independent investigations and remedies in place. Finally, the report recommends that states should develop inclusive reintegration programs that address discrimination and provide access to employment, education, and housing, preventing the risk of exploitation after release.

Interactive dialogue

The Special Rapporteur on contemporary forms of slavery, including its causes and consequences, Mr Tomoya Obokata opened the interactive dialogue by expressing his concerns over the existence of contemporary forms of slavery notably due to armed conflicts, natural disasters, extreme poverty, migrations, etc. During his opening statement the Special Rapporteur thanked Canada and cote d’Ivoire for their cooperation during his visits. 

He noted Canada's solid legal and institutional framework and initiative to combat forms of slavery such as its efforts to prevent slavery in supply chains. Nevertheless, the Rapporteur noted a number of obstacles, such as limited applicability of human rights due diligence in practice, insufficient enforcement powers and resources, the exploitative nature of some work streams under the Temporary Foreign Worker Programme, etc.  There is also the issue of Canada’ colonial legacy which created deeply rooted inequality and dissemination against groups like indigenous peoples, people of African descent or even people with disabilities. The Special Rapporteur considered that this discrimination is limiting “their access to quality education, decent work, adequate and affordable housing and essential public services which in turn put them at a higher risk of being victimised in contemporary forms of slavery”.    

During his visit to cote d’Ivoire, the Special Rapporteur noted the country’s progress on eliminating forms of modern slavery. Indeed, Cote d’Ivoire has been working on stopping child labour in various sectors such as mining or cocoa production. It is important to note that these efforts are made in collaboration with civil society, international actors and other stakeholders. However, the Special Rapporteur urged the country to continue its efforts as child labour is still very much present in domestic work, agriculture, artisanal gold mining, etc. He recommended that inspections are put in place in order to hold perpetrators and people benefiting from these forms of slavery accountable.

Mr. Tomoya Obokata continued his statement summarising his thematic report A/HRC/57/46 on contemporary forms of slavery affecting currently and formerly incarcerated individuals. He reminded the audience that even if incarceration is not a violation of international human rights standards, it is important that the imposition of labour is not used as a means for coercion or punishment. The report shows concern over the lack of decent work framework for incarcerated people, including lack of work opportunities and insufficient pay; leaving them unable to afford basic necessities, support their families, or even save money for after their release. Furthermore, the rapporteur explains that incarcerated people are working long hours without break, with inadequate access to health and safety measures and are often victims of sexual exploitation, harassment, etc. 

The special rapporteur emphasised the need to implement educational training in order to promote “successful rehabilitation and reintegration after incarceration”. He recommended member states to acknowledge incarcerated individuals as workers and ensure their labour rights are equally protected. Furthermore, labour and sexual exploitation must be tackled through better training, oversight, accountability, and access to justice for victims.

The delegation of Canada thanked the Special Rapporteur for the report and highlighted Canada’s efforts to better support victims of forms of slavery. For example, they createdseveral measures to ensure that employers provide their employees with health insurance and proper wages proportional to their minimum wage. Regarding the issue of human rights due diligence, the delegate noted Canada’s commitment to eradicate forced labour in supply chains and ensure that even Canadian businesses operating abroad are not contributing to any human rights abuses. Additionally, the Canadian delegation recognised that the government historically denied the rights of “first nations Inuit” and this has created consequences still existing today. As such the delegate noted the collaboration with indigenous people to address over-representation of indigenous children and youth in the welfare system. Finally, the delegation noted the government’s goal to provide incarcerated people with vocational training that reflect the needs of Canadian markets, in order to ensure a safe and moresuccessful return to society.

The delegation of Cote d’Ivoire welcomed the Special Rapporteur for his report but thedelegation provided clarifications, refuting some of the report's observations. They stressed that the National Human Rights Plan addresses the issue of child labour, and that efforts are being made to regulate mining activities. Moreover, labour inspectors are authorised to investigate private homes, contrary to what the report mentions. The Ivorian delegation stressed that cases of physical abuse, including sexual abuse, and other forms of violence in domestic work, when brought to the attention of the authorities, are investigated and prosecuted. With regard to early and forced marriage, it specified that such cases, when reported, are also investigated and prosecuted. The delegation emphasised the Government's efforts to combat these practices and considered it regrettable that the report could imply that the authorities were not interested in them. Finally, the delegation reiterated its commitment to collaborate with human rights mechanisms.

The delegation of Australia thanked the Special Rapporteur for his report and reiterated their commitment to tacked forced labour. The delegate noted that a new anti-slavery commissioner has been established in Australia in order to respond to modern slavery and help victims and survivors of such acts. The delegation noted that Australia is working to ensure that all incarcerated individuals are protected and have access to “employment, training, education programs and culturally-appropriate support”, in order for them to reintegrate society effectively while reducing risks of recidivism.

The Colombian delegation agreed that prisons should provide dignified conditions for inmates within a legal framework that ensures access to justice, legal resources, and reintegration. The government has acknowledged the deep crisis in its penitentiary system. According to the National Penitentiary and Prison Institute (INPEC), over 102,000 individuals are incarcerated across 132 facilities, with overcrowding exceeding 25%. In response, the Colombian government provides minimum wage, regulates working hours, rest periods, and vacation time for prisoners. The delegate noted that Colombia remains committed to implementing prison humanization laws to reduce overcrowding and transform prisons into places of rehabilitation with a focus on social reintegration. 

The delegation of the European Union expressed their gratitude to the Special Rapporteur and reaffirmed their strong support for his mandate. The delegation noted their concern about reports of sexual exploitation and forms of discrimination. They noted the “European Prison Rules” set by the Council of Europe which notes the need for prison labour to be seen as a positive part of rehabilitation and not as a form of punishment. The delegation noted that the EU is developing a Regulation on Forced Labour which prohibits all products made by using forms for forced labour, which includes prison labour, from entering the Union’s market. 

The Sudanese delegation noted that slavery is prohibited in Sudan’s national legislation, as well as human trafficking and forced labour. The delegation then emphasised on the country’s efforts to improve correctional institutions and enhance their environments. This allows inmates to become productive members of society, acquire skills in different areas such as agriculture. 

The delegation of India noted that regarding prison administration India’s policies are guided by Gandhi who once said “crime is the outcome of a diseased mind and jail must have an environment of hospital for treatment and care”. According to the delegate, detention should not increase suffering already inherent in the process of incarceration. Moreover, India’s prison laws and manuals provide the legal and procedural framework to safeguard prisoners' rights, ensuring that prison conditions are neither degrading nor harmful to their health. Finally, the delegate highlighted that authorities are supporting their inmates by offering vocational training in order to increase their skills and ensure reintegration. 

The delegation of Mali emphasised that since the establishment of democracy in 1991, Mali has removed forced labour as a criminal penalty from its Penal Code and labour laws strictly prohibit forced labour. Instead, community service is used as an alternative to imprisonment. This measure helps reduce prison overcrowding by requiring unpaid work for public institutions or services. The delegation highlighted that vocational training and socio-economic support for prisoners, as outlined in the Justice Sector Programming Act, are key elements for post-prison rehabilitation. These efforts, along with community service, significantly reduce recidivism and aid in reintegration. The delegation emphasised that education and vocational programs must be tailored to meet the specific needs and interests of each prisoner.

The delegation of the United Kingdom (UK), noted their significant concern regarding the prevalence of sexual exploitation and abuse experienced by those in custody, withwomen and ethnic minorities being particularly vulnerable. The delegation stressed the need to eliminate discriminatory laws and practices that foster a culture of impunity, ensuring that victims have access to justice and that perpetrators are held accountable. The delegation welcomed the recommendations regarding reintegration measures that facilitate access to education, decent employment, adequate housing, and financial inclusion. Finally, the delegate declared that the UK changed its legislation to allow sentenced individuals with a minimum of four years to no longer disclose their criminal record in order to increase reintegration after detention. 

The delegation of Malaysia emphasised that the country is committed to treat incarcerated individuals with dignity and respect. The delegate noted that the labour system is in line with efforts for rehabilitation and reintegration into society. A number of community rehabilitation programs have been introduced, including the implementation of parole in 2008 and the Community Reintegration Programme, aimed at offering inmates a second chance. These collaborative initiatives facilitate connections between former inmates and prospective employers while supporting their reintegration through technical and vocational education and training. Such efforts demonstrate Malaysia's dedication to decreasing recidivism by providing valuable employment opportunities.

The Delegation of the United States of America (USA) voiced concerns about forced labour and the unequal access to justice and reintegration opportunities for formerly incarcerated individuals. The delegation noted the importance of leveraging technology to combat modern slavery. They welcomed the Rapporteur's engagement with civil society organisations, trade unions, and migrant worker coalitions during his unofficial visit to the USA and his participation in the 2024 Commission on the Status of Women. Additionally, the delegation acknowledged Canada’s willingness to have their foreign worker programs reviewed and expressed hope that this dialogue would inspire other nations to ensure that their migrant worker programs uphold the rights and dignity of workers.

The delegation of Qatar, on behalf of the Cooperation Council for the Arab States of the Gulf, took note of the report and reaffirmed their strong commitment to eliminating contemporary forms of slavery, in accordance with international texts. The delegation also acknowledged that forced or compulsory labour may amount to contemporary slavery. The delegate emphasised that for an effective implementation of these international principles there is a need to take into account the specific legal, economic, and cultural contexts of each country. Finally, the delegation reaffirmed their full commitment to protecting the rights of all individuals, including those in detention, and continued to enhance national legal frameworks to reflect this commitment. 

Non-Governmental Organisations Statements

The NGOs expressed their gratitude for the Special Rapporteur's report and focused on different violations of human rights, regarding slavery and forced labour, in different areas of the world. The alarming issue of slavery and forced labour in Pakistan was mentioned where workers, including women and children, face severe exploitation despite legal prohibitions. Where many individuals are trapped in debt bondage, subjected to long hours in unsafe conditions, with limited access to education and healthcare, perpetuating a cycle of poverty. The grave situation of the Uygur in China continues as the community remains a victim to forced labour since 2017. The organisations urged the human rights council to adopt resolutions to investigate the crimes committed to them. 

There was a recognition of the urgent need for better protection of vulnerable migrants in North Africa facing abuse. The organisation emphasised the importance of adhering to international humanitarian law and implementing employment contracts for prisoners. Finally, the necessity of educational and rehabilitation initiatives for detainees was underscored, with the assertion that such programs can mitigate social isolation and exploitation. Advocating for alternative measures to imprisonment emerged as a crucial step toward protecting the rights and dignity of all individuals affected by contemporary forms of slavery. 

Concluding remarks

The Special Rapporteur thanked all member states for their contributions and all civil society organisations. In regards to the reintegration of formerly incarcerated individuals, the Special Rapporteur emphasised the necessity of establishing stronger partnerships with businesses and other relevant actors. These collaborations are vital for providing meaningful employment and training opportunities which are crucial for successful reintegration into society. Additionally, he noted that ensuring financial inclusion is essential to support these individuals as they transition back into the community.

Moreover, Mr. Obokata considered that the principle of the "Right to be Forgotten," which involves the expungement of criminal records, deserves serious consideration. He noted that implementing such a measure would enable formerly incarcerated individuals to rebuild their lives without the burden of a criminal past.

On the issue of building stronger partnerships, the Special Rapporteur noted the need for a commitment to supporting civil society, educational institutions, and other organisations that are well-positioned to deliver culturally appropriate and gender-sensitive services, tailored to the needs of formerly incarcerated individuals. These partnerships are critical to providing comprehensive support and facilitating successful reintegration.

Lastly, he called on member states to recognise incarcerated individuals as workers and to extend equal labour and social security protections to them. It is imperative that they receive fair wages and meaningful vocational training. By doing so, they would be able to appreciate the value of their training and education, enhancing their prospects for successful reintegration into society.

Geneva International Centre for Justice (GICJ)

Geneva International Centre for Justice (GICJ) commends the Special Rapporteur for his report on Contemporary forms of slavery affecting currently and formerly incarcerated people. Modern slavery is still present in our society, especially in the form of forced labour for incarcerated individuals, which violates their human rights. Thousands of incarcerated men and women are subjected to conditions that strip them of their dignity, turning their labour into a tool of exploitation.  As highlighted in the report, prisoners often work long hours without fair pay, with state-owned facilities paying them less than a dollar per hour. This leaves them unable to afford basic necessities, support their families, or save money for their eventual release. 

Furthermore, regarding the visits conducted by the Special Rapporteur, GICJ acknowledged Côte d'Ivoire's continued efforts to combat the exploitation of both children and adults, particularly in critical sectors such as cocoa production and mining. However, it is crucial to recognise that poverty remains a fundamental root cause and consequence of contemporary forms of slavery across various countries. 

GICJ commends the Special Rapporteur for his report and urges Member States to ensure that incarcerated individuals receive at least the national minimum wage to prevent exploitation and uphold their human rights. Implementing fair wages can also play a crucial role in reducing recidivism and addressing the risk of modern slavery even after their release. Finally, it is crucial to put an end to any state-imposed forced labour during incarceration in accordance with the “Abolition of Forced Labour Convention”. 

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