Committee: Commission on Crime Prevention and Criminal Justice (CCPCJ)

Issue: Finding Alternatives for Repayment to Prevent Occurence of Debt Bondage

Student Officer: Hana Sadek & Taliah Salem (CCPCJ President & Chair) I. Introduction

Debt bondage is a system in which individuals provide labour in order to pay off . It is most common in East Asia, including and . It is considered typically a violation of human rights, due to the nature of debt bondage; the act is mostly unregistered and involves human rights violations in how the labourers are treated. Debt bondage is an extremely prevalent issue globally, which affects a large percentage of Earth’s population. There aren’t specific statistics of how many people are in debt bondage, however the International Labour Organization (ILO) estimates that, as of 2012, approximately 20.9 million people are a part of , a large part of which is debt bondage.1 56% of these forced labour acts take place in the Asia-Pacific region, making it the highest absolute number of forced labour victims, followed by Africa and Latin America and the Carebbian respectively.2 India is one of the countries signified as a “debt bondage hotspot,” where there are approximately 343,000 in 16 major areas.3 The released a report discussing debt bondage in 2016 called the Report on Special Rapporetuer on contemporary froms of , including its causes and consequences, which defines debt bondage and discusses the factors leading up to it and would be very helpful to read before debate. The International Labor Organization (ILO)has created a convention called the in 1930, which was later updated in 1957 by the creation of the Abolition of Forced Labour Convention. The topic itself is aiming to find alternatives for debt bondage and therefore debt bondage needs to be eradicated and replaced, which should be kept in mind and balanced during resolution writing and debate. There are many alternatives for debt repayment currently being used, such as debt settlement firms and , that can be reenforced or increased, however other solutions can be brought up such as task forces and promoting micro-financing services.

1 Zeldin, and Wendy. “United Nations: Report on Debt Bondage .” Global Legal Monitor, 26 Sept. 2016, ​ ​ www.loc.gov/law/foreign-news/article/united-nations-report-on-debt-bondage/. ​ 2 Ibid. 3Srivastava, Ravi S. “Bonded Labour in India: Its Incidence and Pattern.” Bonded Labour in India: Its Incidence and ​ Pattern, 6 Jan. 2005, www.ilo.org/global/topics/forced-labour/publications/WCMS_081967/lang--en/index.htm ​ ​ 1 of 21

II. Key Vocabulary

Debt bondage: a system in which an individuals provide labour in order to pay off debts4; also kown ​ as bonded labour, debt slavery, and debt peonage. Until such individuals work off their debts, they are forced to work under harsh conditions, and are exposed to , abuse, and discrimination.

Forced labour: Forced labour is any work or service which people are forced to do against their will, ​ under threat of punishment. Almost all slavery practices contain some element of forced labour.5 III. Focused Overview of the Issue

1) Basics of Debt Bondage

Debt bondage is defined as “state of indebtedness to landowners or merchant employers that limits the autonomy of producers (e.g., tenant farmers) and provides the owners of capital with cheap labour.”6 It is also commonly reffered to as debt slavery, debt servitude, or debt peonage. The idea of debt bondage is quite a cyclical process. (see figure 27) It begins with a debt that cannot be paid immediately, then while the individual in debt works to repay their debt, the employer adds on additional expenses. Consequently, the employee only grows his debt while continuing to labor for his debtor, and repayment is impossible.8 Therefore, debt bondage is an issue that needs to be combated by finding other ways for repaying debt, which is exactly what this topic covers. In some cases of debt bondage, the victim’s is devoted mainly to repaying their debt, however in others their wage is devoted entirely to repaying the debt, which means there is no income at all.9 Over 50% of forced labor victims are placed in that situation, due to debt repayment10, making it the most

4“Bonded Labour Definition and Meaning.” Collins English Dictionary, ​ ​ ​ www.collinsdictionary.com/us/dictionary/english/bonded-labour. ​ 5“Forced Labour: What Is Forced Labour?” Anti-Slavery International, www.antislavery.org/slavery-today/forced-labour/. ​ ​ ​ ​ 6 Jaynes, Gerald D. “Debt Slavery.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., ​ ​ ​ www.britannica.com/topic/debt-slavery. ​ 7 “We Can End Modern Slavery in Our Generation.” Walk Free | The Minderoo Foundation, www.minderoo.com.au/walk-free/ ​ ​ ​ ​ 8 “Bonded Labor: Debt Bondage or Peonage.” End Slavery Now, www.endslaverynow.org/learn/slavery-today/bonded-labor. ​ ​ ​ ​ 9 “What Is Bonded Labour?” Anti-Slavery International, www.antislavery.org/slavery-today/bonded-labour/. ​ ​ ​ ​ ​ 10 “25 Million in Forced Labor Globally in 2016.” Solidarity Center, 21 Sept. 2017, ​ ​ ​ www.solidaritycenter.org/25-million-forced-labor-globally-2016/. ​ 2 of 21

prevalent form of forced labor worldwide. However surprisingly, debt bondage is banned in and most domestic jurisdictions.11 Currently, there is no authoritative estimate of the number of people enslaved in debt bondage globally. However, United Nations Special Rapporteur on contemporary forms of slavery, Urmila Bhoola, pointed out an estimate of 21 million in forced labour, according to the International Labour Organization: “This figure provides an indication of the extent of bonded labour...affecting victims of multiple forms of discrimination.”12 The type of labor used to repay debt includes a range of different occupations, almost all of which being manual labor, such as working in agriculture, brick kilns, mills, mines and factories.

Some of the factors pushing people and families into this form of slavery include structural and systemic inequality, , discrimination, and precarious labour migration. Weak or non-existent financial and other regulatory frameworks, lack of access to justice, lack of law enforcement and governance as well as corruption are some of the factors that prevent release from bonded labour and rehabilitation of individuals and families trapped in this intergenerational cycle of poverty. Debt bondage is the more modern form of chattel slavery. A chattel slave is an enslaved person who is owned forever and whose children and children's children are automatically enslaved.13 Since it is extremely difficult for debt slaves to repay their debt, it is commonly passed down to their children, similar to chattel slaves or traditional slaves- although both were abolished in the mid-19th century.14

2) Nature of Debt bondage

It is very rare that debt bondage cases are legally registered and organized. Typically, there is no proof or valid record of the original debt or the payments made during their time of labour, which leads to the extended amount of time spent laboring, which is then later moved from generation to generation. In most cases, there isn’t any written contract to begin with, which leads to miscommunication in terms of the basics of the arraignment. One of the factors leading to debt bondage is illiteracy, so not having a written contract only aggravates the issue more. Violence or threats of violence are common to enforce the and ensure the labour gets done, unlike any other common labour agreement. Some employers also use other strategies, such as exclusion from future or limiting basic needs like food and water. As for children, they can either be bonded independently of their families, or later inherit their parents’ debt.

In West Bengal, India, a man took a of $110 from a local landowner and twenty years later he and his entire family are still in debt and working to pay them off.15 He says, “My entire family is still in debt to the landowner. Sarika and I work in the fields, my sons and their wives work

11“Debt Bondage Remains the Most Prevalent Form of Forced Labour Worldwide.” OHCHR, ​ ​ www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20504&LangID=E. ​ 12 Ibid. 13“What Is Slavery?” The Abolition of Slavery Project, www.abolition.e2bn.org/slavery_40.html. ​ ​ ​ ​ 14 Editors, History.com. “Slavery in America.” History.com, A&E Television Networks, 12 Nov. 2009, ​ ​ www.history.com/topics/black-history/slavery. ​ 15 Kara, Siddharth. “A $110 Loan, Then 20 Years of Debt Bondage.” CNN, Cable News Network, 2 June 2011, ​ ​ thecnnfreedomproject.blogs.cnn.com/2011/06/02/a-110-loan-then-20-years-of-debt-bondage/. ​ 3 of 21

at the brick kilns. One day my grandchildren will work for the landowner. There is no way to repay these debts. We will only be free when we die.”16 In order to remain living while working off the bond, he had to take out more from the same landowner to pay for basic sustenance, which leads to his debt increasing more and more as time goes on. Besides that, he was charged every year that exceeded 100%. His family worked 14+ hours-a-day everyday to pay off the bond.17 This is just one case, but it is very similar to what is expected during cases of debt bondage, all of which in similar circumstances.

3) Common alternatives for debt repayment

Debt is quite a common issue globally and therefore many different solutions are implemented in order to tackle it. A very popular one would be micro-financing or microcredit services. Microfinance, also called microcredit, is a type of banking service provided to unemployed or low-income individuals or groups who otherwise would have no other access to financial services.18 This can include large sums of money as investments or minimal amounts for other purposes. Micro Financing in order to pay off debt isn’t very common and only takes up 5% of the global microfinancing portfolio (see figure 319), however if properly implemented this could be a very strong solution to consider.

Microfinancing not only helps the prevention of bondage, but also aids in the rehabilitation of people released from bondage as it helps them reintegrate into society by flourishing to an extent financially. Microfinance has proven successful in decreasing debt bondage in several cases, such as the ILO’s Programme for the Prevention and Elimination of Bonded Labour in (PEBLISA) which was implemented from 2006-2008 in India.20 However, microfinancing does have

16 Ibid. 17 Ibid. 18Kagan, Julia. “Microfinance Definition.” Investopedia, Investopedia, 3 Aug. 2019, ​ ​ www.investopedia.com/terms/m/microfinance.asp. 19 Gaille, Brandon. “26 Microfinance Industry Statistics, Trends & Analysis.” BrandonGaille.com, 22 Aug. 2018, ​ ​ brandongaille.com/26-microfinance-industry-statistics-trends-analysis/. ​ 20 Premchander, Smita, et al. “Prevention and Elimination of Bonded Labour.” Prevention and Elimination of Bonded ​ Labour, 2014, ​ www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_334875.pdf. ​ 4 of 21

its negative aspects, and is quite difficult to start up in areas that are less opposed to the idea of debt bondage in general. Having to start up a microfinancing service requires a large sum of money and investors that are willing to understand that it is an extremely risky business, due to the fact that debt, especially debt that has been built up, is very difficult to pay back and that is why micro financing services have a very high risk factor as well as quite a low success rate.

IV. Involved Countries and Organizations

1) India

Outlawed through ordinance in 1975 then through legislation in 197621, bonded labour remains an alarming issue in India that continues to grow due to poor implementation of laws 22. With the unclear and unofficial nature of bonded labor contracts, the employer is given infinite autonomy, leaving the bonded laborers living under harsh conditions and unable to free themselves due to the fear of being unable to repay their debt23. “We do not stop even if we are ill – what if our debt is increasing? So we don’t dare to stop.”24, a former brick kiln worker in Punjab, India explains why stopping work was not an option for her and her family, the only way to free themselves, was to pay off their debt, which was impossible due to the large amounts of money they owed to the employers. “[Other workers] tried to leave, but two got caught. They locked them up and started beating them. They told the workers, ‘if you want to go from here, you must pay

21 “Bonded Labour in India: Its Incidence and Pattern.” Ilo.org, ​ ​ www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_081967.pdf. ​ 22Rhea, and Mater Dei School. “Indians 4 Social Change.” Indians 4 Social Change, 13 Mar. 2019, ​ ​ indians4sc.org/2019/03/13/bonded-labor-the-horrifying-reality-of-modern-india/#.XUH0SpMzYdU. 23 Ibid 24“What Is Bonded Labour? - Anti-Slavery International.” Anti, ​ ​ www.antislavery.org/slavery-today/bonded-labour/. ​ 5 of 21

60,000, that is your debt’.”25 she explains leaving work to be the only way to obtain their freedom. 26

With the first systematic survey on bonded labour carried out in 1978 by the Gandhi Peace Foundation and the National Labour Institute, it was revealed that the total number of bonded laborers present was over 2.62 million in only 1000 villages in 10 states27, now approximety 18 million citizens are victoms of slavery28and with exports estimated at over US$ 2 billion in the city of Tirupur only, and an industry worth millions29, the mounting pressure to maintain such industry increases the of individuals into the service. Cheap labor through debt bondage keeps the overall costs down, keeping the industry competitive and the issue ever growing.

Home of 1,600 spinning mills, the Indian state of employs around 400,000 workers30, 60% of which are females aging from 14-20 that are lured through the misleading advertisements that glorify work in such factories31, unaware of the harsh working conditions awaiting them where workers are only allowed to visit their homes every six months of employment, and once a year for migrants from the north32. Possession of phones is not allowed, workers work in abusive environments where sanitation and health is mediocre. Such young workers experience nearly no mobility, sexual harrassement, inadequate leave, and discrimination33. After a 17-year-old girl worker requested a higher wage in a mill in Sulur, Coimbatore district34, on September 28, 2013, the 17-year-old was found hanging in a mill. The mill owners claimed she had committed suicide, however the suspisious timing that came right after the request for the higher wage got various Indian newspapers suspisiouc about the supposed coincidence.

Efforts from the Indian government have been put to try and control and hopefully contain the issue however, failure to implement the laws put to abolish the issue leaves it unsolved. The indian constitution criminalizes all forms of forced labour, including bonded labour35. It is the state governments responsibility to implement the 1976 Act that prohibits any system of debt bondage whether by agreement, custom or contract. Failure of such implementation has been documented numerous times by the National Human Rights

25 Ibid 26 Ibid 27 “Bonded Labour in India: Its Incidence and Pattern.” Ilo.org, ​ ​ www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_081967.pdf. ​

28Rhea, and Mater Dei School. “Indians 4 Social Change.” Indians 4 Social Change, 13 Mar. 2019, ​ ​ indians4sc.org/2019/03/13/bonded-labor-the-horrifying-reality-of-modern-india/#.XUH0SpMzYdU. 29 “FWF Guidance for Members: The Sumangali Scheme and India's Bonded Labour System.” Fairwear, ​ ​ www.fairwear.org/wp-content/uploads/2011/12/Sumangali_update_2015_2017-changes.pdf. ​ 30 Ibid 31 Ibid 32 Ibid 33 Ibid 34 Ibid 35Rhea, and Mater Dei School. “Indians 4 Social Change.” Indians 4 Social Change, 13 Mar. 2019, ​ ​ indians4sc.org/2019/03/13/bonded-labor-the-horrifying-reality-of-modern-india/#.XUH0SpMzYdU. 6 of 21

Commission and according to Anti- Slavery International, large numbers of Vigilance Committees have been set up in attempt to support bonded laborers however, they have been generally inactive and ineffective36, leaving the issue unresolved. Now, Indian workers have started to take matters into their own hands due to the failure of the government to contribute

to the solving of the issue, and have joined associations such as the Released Bonded Labourers Association (RBLA) which aims to rescue more than 18 million people by 2030 through entering facilities where bonded labour is present, pretending to look for work till they find evidence and inform the police. Varalakshmi Gopal, a former 45-year-old bonded laborer that spent 5 years trapped in a rice mill near the town of Thiruthani, explains how she now contributes to the issue after being rescued in 2004 37. "I often enter these facilities pretending to be a person looking for work, or sometimes a brick kiln owner searching for labourers who have escaped from my facility," said Gopal. Goal has been part of at least 10 rescues and explains why she does such risky act by saying "I know it is dangerous but I feel compelled to do it.”38. Now, members of four RBLA’s are spread across the state in search of any forms of forced labor, including bonded labour, and rescued indian workers form slavery have dedicated themselves to help others and solve the issue due to the governments inability to do so.

2) Pakistan

A Human Rights Watch/ Asia researcher conducted a long-term investigation in 1993, one 39year after the Bonded Labour System (Abolition) Act in Pakistan that abolished any form of forced labour throughout the country40. Over 150 adult and child bonded labourers were interviewed using substituted names on the outskirts of Lahore, Kasur, Peshawar, Faisalabad, and Hyderabad, and the treatment of bonded laborers were examined41. The first interview was with Christian Punjabi man who worked as a bonded laborer, along with his family, for 15 years. After being exposed to many years of intolerable work conditions, in 1991 “Gul” attempted to collect other workers and collectively

36 Ibid 37Thomson Reuters Foundation. “Rescued from Slavery, Indian Workers Unite to Stop Bonded Labour.” News.trust.org, news.trust.org/item/20180419081044-udua0/. ​ 38 Ibid 39United Nations. “Contemporary Forms of Slavery in Pakistan.” Refworld, ​ ​ www.refworld.org/docid/3ae6a7d58.html. ​ 40“FWF Guidance for Members: The Sumangali Scheme and India's Bonded Labour System.” Fairwear, ​ ​ www.fairwear.org/wp-content/uploads/2011/12/Sumangali_update_2015_2017-changes.pdf. ​ 41United Nations. “Contemporary Forms of Slavery in Pakistan.” Refworld, ​ ​ www.refworld.org/docid/3ae6a7d58.html. ​ 7 of 21

address such harsh conditions however the result was brutal

beating of the kiln owner, and when “Gul” attempted to escape from the kiln, he was caught by the local police who then held him under a false charge of theft for three weeks. During the absence of “Gul”, his wife was sexaully harassed by the contractor. He eventually returned to the brick-kiln however could not leave until he clears his debt to the contractor of Rs.10,000 [$300] debt. “Gul” insisted that his debt was no more than 2,500 [$75] however due to the nature of the service, no official documentation was present challenging the contractors claim of Rs.10,000, and so “Gul” was unable to free himself, nor his family, and his request for humane working conditions was met with violence and harsh beating42. Another interview with a woman named “Reema” was reported. In 1990, Reema was summoned by her landlord (the one she is in debt to), and upon her arrival to his house she was raped and unable to file a case against him as she was under bonded labour, and so, the landlord would not be arrested and she could be charged with adultery. Later that year “Reema” and her husband “Ali” attempted to escape due to the unbearable working conditions they lived under however, they were caught and jailed by the local police for one month in Mir Pur Kha under false charges. After returning to the landlord they were sold to another contractor in 1992 where they were subjected to long work hours, limited freedom of movement, and vicious beatings, one in which “Ali”’s leg was broken43. These were only samples of the disturbing stories of bonded laborers, however, they all consist of a pattern of cruel, inhumane, and degrading treatment where they are sexually harassed, abused, and violently beaten up during their service44. 45

After the Bonded Labour System (Abolition) Act was taken in 1992, the issue was expected to start minimizing however according to a study conducted in 2001 by the The International Labour Organisation (ILO), it was estimated that a total of 8.6 million individuals were held under debt bondage in Pakistan 46, and over 1.8 million sharecroppers part of the bonded labour force in the agriculture sector47. Debt bondage has been reported in industries including the brick kilns, agriculture, fisheries, mining, carpet weaving and glass bangle production, and

42 Ibid 43 Ibid 44 Ibid 45“Bonded Labour in Pakistan.” CROWDVOICE, crowdvoice.org/bonded-labour-in-pakistan--2?all=true. ​ ​ ​ 46“Breaking the Bondage .” Library.fes, library.fes.de/pdf-files/bueros/pakistan/10382.pdf. ​ ​ ​ 47 Ibid 8 of 21

many others concentrated in the provinces of Sindh and Punjab48. Debt bondage is mainly found among minorities such as Hindus and Christians who have converted from Hinduism49. Workers told the Human Rights Watch/ Asia that the common punishment in brick-kilns for failure to produce enough bricks or disobedience or attempts to organize revolts with other workers is through physical abuse including being beaten with sticks and whips50. One interview with a Muslim Punjabi man in his twenties confirmed the occurrence of physical abuse after telling the Human Rights Watch/ Asia researcher that after making a number of mistakes in a brick-kiln near Lahore, “Sharif" was beaten up in September 1993 by his contractor and the beating resulted in a broken arm. As his arm was broken he couldn't work and so was not paid however continued to be abused by the contractor saying he slapped and pushed him around constantly51. 52

The government of Pakistan has contributed to the issue in a negative manner where it has failed to implement legislation which bans bonded labor. Although the Pakistani Constitution prohibits slavery and all forms of forced labour in article 1153, including bonded labour, the police has not arrested employers or contractors while bonded laborers have been arrested when caught trying to escape54. The government has sanctioned legislation and denied equal treatment before the law for religious minorities and women, and it has failed to enforce laws seeking rights for them55. Although Pakistan has ratified 36 conventions including the two fundamental Conventions on Forced Labour56, the implementation of the content of such conventions and that of article 11 in the constitution is what stands in the way of resolving this alarming and prevalent issue.

3) The International Labor Organization (ILO)

Established in 1919, The International Labour Organization (ILO) has been one of the many organizations that have exerted much efforts into attempting to abolish bonded labour. As the organization quoted, their vision is "that no person, of any age, race, origin or religion, anywhere, spends a day of his or her life working under duress and suffering degrading or

48“FWF Guidance for Members: The Sumangali Scheme and India's Bonded Labour System.” Fairwear, ​ ​ www.fairwear.org/wp-content/uploads/2011/12/Sumangali_update_2015_2017-changes.pdf. ​ 49 Ibid 50United Nations. “Contemporary Forms of Slavery in Pakistan.” Refworld, ​ ​ www.refworld.org/docid/3ae6a7d58.html. ​ 51 Ibid 52Whiteman, Hilary. “Millions Donated to Free Pakistan's Bonded Laborers.” CNN, Cable News Network, 19 Aug. ​ ​ 2015, www.cnn.com/2015/08/19/asia/pakistan-humans-new--bonded-labor/index.html. ​ ​ 53“FWF Guidance for Members: The Sumangali Scheme and India's Bonded Labour System.” Fairwear, ​ ​ www.fairwear.org/wp-content/uploads/2011/12/Sumangali_update_2015_2017-changes.pdf. ​ 54United Nations. “Contemporary Forms of Slavery in Pakistan.” Refworld, ​ ​ www.refworld.org/docid/3ae6a7d58.html. ​ 55 Ibid 56Netherlands, Government of. “Promoting the Elimination of Bonded Labour in Pakistan (PEBLIP).” Promoting the ​ Elimination of Bonded Labour in Pakistan (PEBLIP), 1 Mar. 2007, ​ www.ilo.org/islamabad/whatwedo/projects/WCMS_125694/lang--en/index.htm. ​ 9 of 21

inhuman treatment.”57 , and such a goal cannot be reached without combating the prevalent issue that is bonded labour. The ILO is devoted to promoting social justice and internationally recognized human and labour rights. They believe it promoting such rights is essential to universal and lasting piece58. The ILO sets labour standards and devises programs promoting decent work for all women, men, and minorities through bringing together governments, employers, workers, and representatives of 187 member states59. The ILO has worked to reach its goal through many projects and since the early 2000’s, it has implemented over 60 filed based projects against forced labour targeting single countries or entire regions60.The ILO have adopted 189 conventions that are considered legally binding international treaties and 202 Recommendations and have set out standards to guide actions by member states61.They have also addressed bonded labour in South Asia, Latin America, and West Africa, and because the issue is one that stands as a great obstacle standing in the way of reaching the Organization's vision, the organization has created projects such as the Bridge project to combat this obstacle.

The Bridge project aims to support global and national efforts to combat forced labour under the 2014 ILO Protocol and Recommendations on Forced Labour and to effectively eliminate traditional imposed forced labour systems. The organization plans to reach their vision and goals through increasing knowledge and awareness, implementing the 2014 ILO Protocol and Recommendation which consists of 12 articles presenting how to abolish forced and bonded labour62, enhancing efforts to collect reliable national statistics in order to carry out research and share knowledge regarding the issue on an international level, strengthening workers’ organization to support the fight against forced labour, and to strengthen awareness to prevent forced labour and provide victims with access to remedies63. The organization has also exerted much effort in collecting reliable data to be able to deal with the issue at its true size. The organization believes eliminating bonded labour is crucial to achieve the Millennium Development goals64 and so, along with many other projects, the Bridge Project is set to heavily contribute to the abolishment of bonded labour.

57“Stopping Forced Labour and Slavery-like Practices The ILO Strategy.” Ilo.org, ​ ​ www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_203447.pdf. ​ 58“Mission and Impact of the ILO.” Mission and Impact of The, ​ ​ www.ilo.org/global/about-the-ilo/mission-and-objectives/lang--en/index.htm. ​ 59 Ibid 60 “Stopping Forced Labour and Slavery-like Practices The ILO Strategy.” Ilo.org, ​ ​ www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_203447.pdf. ​ 61 “Standard Setting on Forced Labour at the 103rd Session of the International Labour Conferencen.” Ilo.org, ​ ​ ​ www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/briefingnote/wcms_243395.pdf. ​ 62“P029 - Protocol of 2014 to the Forced Labour Convention, 1930.” Protocol P029 - Protocol of 2014 to the Forced ​ Labour Convention, 1930, ​ www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB%3A12100%3A0%3A%3ANO%3A%3AP12100_ILO_CODE%3A P029. ​ 63“The Bridge Project - from Protocol to Practices: a Bridge to Global Action on Forced Labour.” The Bridge Project - ​ from Protocol to Practices: a Bridge to Global Action on Forced Labour, 15 Jan. 2019, ​ www.ilo.org/asia/publications/WCMS_662337/lang--en/index.htm. ​ 64“Stopping Forced Labour and Slavery-like Practices The ILO Strategy.” Ilo.org, ​ ​ www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_203447.pdf. ​ 10 of 21

V. Important Events & Chronology

Date Event (Day/Month/Year) The League of Nations adopted the Slavery Convention in Geneva, Switzerland (entry to force in March 9, 1927) defining 25 September, 1926 the term “slavery” and serving as the foundation for the prevention of slave trade65 The C029- Forced Labour Convention was entered into force by ​ ​ 1 May, 1932 the International Labour Organization (ILO) discussing all forms of forced labour including debt bondage.66

Supplementary Convention was entered into force place in 1957 ​ 30 April, 1957 in accordance to article 13 in Geneva, Switzerland further refining the definition of “slavery”67 The International Labour Conference took place establishing and dopting international labour standards and categorizes bonded 1-17 June, 1999 labour as one of the worst forms of in article 3. It also adopts the Organization(ILO)’s budget and elects the Governing Body68.

HR/PUB/02/4- Abolishing Slavery and its Contemporary Forms was published by the Office of the United Nations High ​ 2002 Commissioner for Human Rights (OHCHR) discussing factors that led to the creation of the prevalent issue and finding alternatives for debt bondage69

International Trade Union Conference on Combating Forced 21 - 23 November, Labour and took place in Athens, Greece 2008 took place aiming to draw public attention to forced labour including bonded labour70

65“Slavery Convention.” OHCHR, www.ohchr.org/EN/ProfessionalInterest/Pages/SlaveryConvention.aspx. ​ ​ ​ ​ 66 “C029 - Forced Labour Convention, 1930 (No. 29).” Convention C029 - Forced Labour Convention, 1930 (No. 29), ​ ​ www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB%3A12100%3A0%3A%3ANO%3A%3AP12100_ILO_CODE%3A C029. ​ 67“UN, United Nations, UN Treaties, Treaties.” United Nations, United Nations, ​ ​ treaties.un.org/Pages/ViewDetailsIII.aspx?src=TREATY&mtdsg_no=XVIII-4&chapter=18&Temp=mtdsg3&clang=_e n. 68 https://www.ilo.org/global/about-the-ilo/how-the-ilo-works/international-labour-conference/lang--en/index.ht m 69 “Abolishing Slavery and Its Contemporary Forms - United Nations and the Rule of Law.” United Nations, United ​ ​ Nations, www.un.org/ruleoflaw/blog/document/abolishing-slavery-and-its-contemporary-forms/. ​ ​ 70“International Trade Union Conference on Combating Forced Labour and Human Trafficking.” International Trade ​ Union Conference on Combating Forced Labour and Human Trafficking, 27 Nov. 2008, ​ www.ilo.org/global/topics/forced-labour/events/WCMS_100817/lang--en/index.htm. ​ 11 of 21

VI. Past Resolutions and Treaties

● Protocol of 2014 to the Forced Labour Convention, 1930

The Protocol of 2014 to the Forced Labour Convention, 1930 was adopted by the International Labour Organization (ILO) in 2014 is a key addition to the Forced Labour Convention of 193071, one that was urgent to be adopted as the issue grew and the trends and forms of abuse advanced. The convention presents many measures combating the issue including protection measures, prevention measures, remedies, and enforcement measures. It defines forced or compulsory labour as "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”, and its addresses the gaps in the implementation of the Forced Labour Convention. It reaffirms the definition of forced labor established by the 1930 convention however, responds to current trends and forms of abuse bonded laborers lice through and recognizes the need to update measures in view of changes to the global context. The protocol requires ratifying governments to implement a number of measures including educating and informing people who are considered to be at risk to forced labour, developing a national policy and plan of action to eliminate forced labour, ensuring that laws relevant to preventing forced labour being applied to all works and economic sectors, and improving labour inspections to assure labour laws are being enforced. It also requires governments to protect individuals including migrant workers from exploitative and fraudulent practices during the recruitment and placement process, ensure authorities do not impose penalties on people who have been subjected to forced labour for participating in unlawful activities and to establish measure to effectively identify and provide assistance to individuals that have been subjected to forced labour and to help with their recovery and rehabilitation. The protocol contributes to the issue in many ways where it holds governments responsible for properly inspecting areas where forced labour might be present, facilitating rehabilitation for individuals that have been subjected to forced labour, and ensuring established labour laws are being implemented.

VII. Failed Solution Attempts

Bonded labour, as a form of contemporary slavery, has been abolished worldwide since 1981 with Murutainia bieng the last country to abolish the act72, which violates articles 1, 2, 3, 4, 5, 13, 20, 24, 25, and 26 of the Universal Declaration of Human Rights (UDHR) ​ adopted by the General Assembly of the United Nations on 10 December 194873. Although many conventions were entered into force such as the Forced Labour Convention of 1932, the Supplementary Convention of 1957, and the International Trade Union Conference on

71 “P029 - Protocol of 2014 to the Forced Labour Convention, 1930.” Protocol P029 - Protocol of 2014 to the Forced Labour Convention, 1930, www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB%3A12100%3A0%3A%3ANO%3A%3AP12100_ILO_CODE%3A P029. ​ 72 Project, Borgen. “Top 7 Facts About Modern Day Slavery.” The Borgen Project, Borgen Project ​ ​ Https://Borgenproject.org/Wp-Content/Uploads/The_Borgen_Project_Logo_small.Jpg, 17 July 2019, borgenproject.org/seven-facts-modern-day-slavery/. 73“What Is the Universal Declaration of Human Rights?: Australian Human Rights Commission.” The Australian ​ Human Rights Commission, www.humanrights.gov.au/our-work/what-universal-declaration-human-rights. ​ ​ ​ 12 of 21

Combating Forced Lavour and Human Trafficking of 2008, the issue remains unsolved. Based on a recent ILO study, forced labour generates an annual profit of over $150 billion74, and although the act is abolished, a recent report in 2016 by the ILO revealed that over 40 million people around the world were victims of modern day slavery.

Governments have done as much as making public commitments to eradicating modern day slavery, which debt bondage falls under, however, no further action has been taken by governments to further reach a solution to this rampant issue. In 2018, over 160 countries made these public commitments to eradicate the action however, only 122 criminilized human trafficking in line with the UN Trafficking Protocol75 and so, the issue has been addressed verbally however very little action has been taken to eradicate it. Statists show that the number of identified victicms of modern slavery increased 40% from 2012- 201676, ​ showing how due to the failure of governments taking action against the issue, it is one that continues to grow and so, the abolishing acts done by governments counts as failed attempts as due to Government's failure to implement legislation which bans bonded labor the issue is ​ expected to only grow as it did from 2012 to 2016. VIII. Guiding Questions

● Does your country have any laws and/or policies regarding debt bondage and/or slavery in general? ● Has there been any cases of debt bondage in your country? How were they handled? ● To what extent does debt bondage and slavery affect your country on a social, political, and economic level? ● What is the more common alternative to debt bondage that is used in your country? ● Has your country signed any resolution(s) or treaty(s) attempting to reduce/eradicate debt bondage and/or slavery ● Is debt regarded as a large issue affecting your country’s financial status? IX. Possible Solutions

Some possible solutions include: ● Promoting counseling agencies ● Promoting debt consolidation ● Promoting debt settlement firms ● Regularize the reportation of any and all debt slavery incidents globally to help monitorization ● Utilization of a task force in areas that are populous or are highly active in debt and/or debt bondage ● New ways to encore already present laws regarding debt bondage ● Placement of strict restrictions on how debt worldwide is reported and handled politically

74“ILO Says Forced Labour Generates Annual Profits of US$ 150 Billion.” Economics of Forced Labour: ILO Says ​ Forced Labour Generates Annual Profits of US$ 150 Billion, 20 May 2014, ​ www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_243201/lang--en/index.htm. ​ 75Hodal, Kate. “One in 200 People Is a Slave. Why?” The Guardian, Guardian News and Media, 25 Feb. 2019, ​ ​ www.theguardian.com/news/2019/feb/25/modern-slavery-trafficking-persons-one-in-200. ​ 76 ibid 13 of 21

X. Useful Links

For information about the causes of debt bondage and how to prevent its occurrence: “The Prevention of Debt Bondage with Microfinance-Led Services .” Microfinancegateway, ​ ​ www.microfinancegateway.org/sites/default/files/mfg-en-paper-the-prevention-of-de bt-bondage-with-microfinance-led-services-2003_0.pdf. ​

For information based on interviews done by bonded labourers regarding the nature of the service, the working conditions, United Nations. “Contemporary Forms of Slavery in Pakistan.” Refworld, ​ ​ www.refworld.org/docid/3ae6a7d58.html. ​ For information on the working conditions individuals are forced to work under, obstacles standing in the way of eradicating the issue, and the actions being taken by NGO’s such as the International Labour Organization (ILO):

“Report of the Special Rapporteur on Contemporary Forms of Slavery, Including Its Causes and Consequences, Gulnara Shahinian .” Https://Www.ohchr.org, ​ ​ www.ohchr.org/Documents/Issues/Slavery/SR/A-HRC-18-30_en.pdf. ​ For information on the many factors that lead to debt bondage, how children generally become bonded laborers, the difference between the Slavery Convention and the Supplementary Convention which includes an explicit prohibition of debt bondage regarding both adults and children:

“Abolishing Slavery and Its Contemporary Forms.” Office of the United Nations High ​ Commissioner for Human Rights, ​ www.ohchr.org/documents/publications/slaveryen.pdf. ​ XI. Works Cited

“25 Million in Forced Labor Globally in 2016.” Solidarity Center, 21 Sept. 2017, ​ ​ www.solidaritycenter.org/25-million-forced-labor-globally-2016/.

“Bonded Labor: Debt Bondage or Peonage.” End Slavery Now, ​ ​ www.endslaverynow.org/learn/slavery-today/bonded-labor.

“Bonded Labour Definition and Meaning.” Collins English Dictionary, ​ ​ www.collinsdictionary.com/us/dictionary/english/bonded-labour.

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Daru, Patrick, et al. “The Prevention of Debt Bondage with Microfinance-Led

Services.” The European Journal of Development Research, vol. 17, no. 1, 2005, pp. ​ ​ 132–154., doi:10.1080/09578810500066704.

“Debt Bondage Remains the Most Prevalent Form of Forced Labour Worldwide.” OHCHR, ​ ​ www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20504&LangID=E.

Editors, History.com. “Slavery in America.” History.com, A&E Television Networks, 12 Nov. 2009, ​ ​ www.history.com/topics/black-history/slavery.

“Forced Labour: What Is Forced Labour?” Anti-Slavery International, ​ ​ www.antislavery.org/slavery-today/forced-labour/.

Jaynes, Gerald D. “Debt Slavery.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., ​ ​ www.britannica.com/topic/debt-slavery.

Premchander, Smita, et al. “Prevention and Elimination of Bonded Labour.” Prevention and ​ Elimination of Bonded Labour, 2014, ​ www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_

334875.pdf.

Srivastava, Ravi S. “Bonded Labour in India: Its Incidence and Pattern.” Bonded Labour in India: Its ​ Incidence and Pattern, 6 Jan. 2005, ​ www.ilo.org/global/topics/forced-labour/publications/WCMS_081967/lang--en/index.htm.

“What Is Bonded Labour?” Anti-Slavery International, ​ ​ www.antislavery.org/slavery-today/bonded-labour/.

“What Is Slavery?” The Abolition of Slavery Project, abolition.e2bn.org/slavery_40.html. ​ ​ Zeldin, and Wendy. “United Nations: Report on Debt Bondage .” Global Legal Monitor, 26 Sept. ​ ​ 2016, www.loc.gov/law/foreign-news/article/united-nations-report-on-debt-bondage/. ​ ​

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“Abolishing Slavery and Its Contemporary Forms - United Nations and the Rule of Law.” United ​ Nations, United Nations, ​ www.un.org/ruleoflaw/blog/document/abolishing-slavery-and-its-contemporary-forms/. ​ “Abolishing Slavery and Its Contemporary Forms.” Ohchr,

www.ohchr.org/documents/publications/slaveryen.pdf. ​ “Bonded Labour in India: Its Incidence and Pattern.” Ilo.org, ​ ​ www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_

081967.pdf. ​ “Bonded Labour in Pakistan.” CROWDVOICE, ​ ​ crowdvoice.org/bonded-labour-in-pakistan--2?all=true.

“Breaking the Bondage .” Library.fes, library.fes.de/pdf-files/bueros/pakistan/10382.pdf. ​ ​ ​ “The Bridge Project - from Protocol to Practices: a Bridge to Global Action on Forced Labour.” The ​ Bridge Project - from Protocol to Practices: a Bridge to Global Action on Forced Labour, 15 ​ Jan. 2019, www.ilo.org/asia/publications/WCMS_662337/lang--en/index.htm. ​ ​ “C029 - Forced Labour Convention, 1930 (No. 29).” Convention C029 - Forced Labour Convention, ​ 1930 (No. 29), ​ www.ilo.org/dyn/normlex/en/f?p=1000%3A12100%3A0%3A%3ANO%3A%3AP12100_ILO

_CODE%3AC029. ​ “Debt Bondage as a Key Form of Contemporary Slavery: Girls' Rights Platform.” Debt Bondage as a ​ Key Form of Contemporary Slavery | Girls' Rights Platform, ​ www.girlsrightsplatform.org/node/1217. ​

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“FWF Guidance for Members: The Sumangali Scheme and India's Bonded Labour

System.” Fairwear, ​ ​ www.fairwear.org/wp-content/uploads/2011/12/Sumangali_update_2015_2017-changes.pdf. ​ Hodal, Kate. “One in 200 People Is a Slave. Why?” The Guardian, Guardian News and Media, 25 ​ ​ Feb. 2019,

www.theguardian.com/news/2019/feb/25/modern-slavery-trafficking-persons-one-in-200. ​ Human Rights Documents, ap.ohchr.org/documents/alldocs.aspx?doc_id=18920. ​ ​ “ILO Says Forced Labour Generates Annual Profits of US$ 150 Billion.” Economics of Forced ​ Labour: ILO Says Forced Labour Generates Annual Profits of US$ 150 Billion, 20 May 2014, ​ www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_243201/lang--en/index.htm. ​ “India: .” India | Global Slavery Index, ​ ​ www.globalslaveryindex.org/2018/findings/country-studies/india/. ​ “International Trade Union Conference on Combating Forced Labour and Human Trafficking.”

International Trade Union Conference on Combating Forced Labour and Human Trafficking, ​ 27 Nov. 2008,

www.ilo.org/global/topics/forced-labour/events/WCMS_100817/lang--en/index.htm. ​ “Labour Exploitation Accountability Hub.” Human Trafficking, Forced Labour & Slavery Corporate ​ Accountability Database, ​ accountabilityhub.org/provision/bonded-labour-system-abolition-act-section-2/.

Malik, Nadeem. “Bonded Labour in Pakistan.” Advances in Anthropology, Scientific Research ​ ​ Publishing, 29 Nov. 2016, m.scirp.org/papers/72311.

“Mission and Impact of the ILO.” Mission and Impact of The, ​ ​ www.ilo.org/global/about-the-ilo/mission-and-objectives/lang--en/index.htm. ​

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“Modern .” Franciscansinternational, ​ ​ franciscansinternational.org/fileadmin/media/2017/Asia_Pacific/Publications/Modern_Slavery

_in_India___Bonded_Labour_Cases_FINAL_17_Sept_2012.pdf.

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Promoting the Elimination of Bonded Labour in Pakistan (PEBLIP), 1 Mar. 2007, ​ www.ilo.org/islamabad/whatwedo/projects/WCMS_125694/lang--en/index.htm. ​ “New Report Reveals ‘Appalling’ Levels of Slavery in India's Brick Kiln Industry.” Anti, 24 June ​ ​ 2019, www.antislavery.org/report-slavery-india-brick-kilns/. ​ ​ “P029 - Protocol of 2014 to the Forced Labour Convention, 1930.” Protocol P029 - Protocol of 2014 ​ to the Forced Labour Convention, 1930, ​ www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB%3A12100%3A0%3A%3ANO%3A%3A

P12100_ILO_CODE%3AP029. ​ “The Prevention of Debt Bondage with Microfinance-Led Services .” Microfinancegateway, ​ ​ www.microfinancegateway.org/sites/default/files/mfg-en-paper-the-prevention-of-debt-bonda

ge-with-microfinance-led-services-2003_0.pdf. ​ Project, Borgen. “Top 7 Facts About Modern Day Slavery.” The Borgen Project, Borgen Project ​ ​ Https://Borgenproject.org/Wp-Content/Uploads/The_Borgen_Project_Logo_small.Jpg, 17

July 2019, borgenproject.org/seven-facts-modern-day-slavery/.

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Consequences, Gulnara Shahinian .” Ohchr, ​ ​ www.ohchr.org/Documents/Issues/Slavery/SR/A-HRC-18-30_en.pdf. ​

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Rhea, and Mater Dei School. “Indians 4 Social Change.” Indians 4 Social Change, 13 ​ ​ Mar. 2019,

indians4sc.org/2019/03/13/bonded-labor-the-horrifying-reality-of-modern-india/#.XUH0SpM

zYdU.

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CONCEPTIONAL CONFUSION TO TARGETED SOLUTIONS.” Issuelab, ​ ​ www.issuelab.org/resources/15356/15356.pdf. ​ “The Schuster Institutefor Investigative Journalism.” Human Trafficking & Modern-Day Slavery | ​ Political & Social Justice Project | Schuster Institute | Brandeis University, ​ www.brandeis.edu/investigate/slavery/articles/pakistan-indentured-slaves.html. ​ “Slavery Convention.” OHCHR, ​ ​ www.ohchr.org/EN/ProfessionalInterest/Pages/SlaveryConvention.aspx. ​ SRD.03, HOME-JUST. “ - Together Against Trafficking in Human Beings

European Commission.” Together Against Trafficking in Human Beings - European ​ Commission, 11 Sept. 2014, ​ ec.europa.eu/anti-trafficking/legislation-and-case-law-international-legislation-united-nations/

1926-slavery-convention_en.

“Standard Setting on Forced Labour at the 103rd Session of the International Labour Conferencen.”

Ilo.org, ​ www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/briefingnote/wcms

_243395.pdf. ​

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“Stopping Forced Labour and Slavery-like Practices The ILO Strategy.” Ilo.org, ​ ​ www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_

203447.pdf. ​ Thomson Reuters Foundation. “Rescued from Slavery, Indian Workers Unite to Stop Bonded

Labour.” News.trust.org, news.trust.org/item/20180419081044-udua0/. ​ ​ ​ “UN, United Nations, UN Treaties, Treaties.” United Nations, United Nations, ​ ​ treaties.un.org/Pages/ViewDetailsIII.aspx?src=TREATY&mtdsg_no=XVIII-4&chapter=18&

Temp=mtdsg3&clang=_en.

“Unfree Labour in Pakistan: Work, Debt and Bondage in Brick Kilns.” InFocus Programme on ​ Promoting the Declaration on Fundamental Principles and Rights at Work, ​ idsn.org/wp-content/uploads/user_folder/pdf/New_files/Key_Issues/Bonded_Labour/2004_W

P24_Unfree_labour_in_Pakistan.pdf.

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(Bridge Project).” Forced Labour: From Protocol to Practice: A Bridge to Global Action on ​ Forced Labour (Bridge Project), 25 Jan. 2016, ​ www.ilo.org/global/topics/forced-labour/projects/WCMS_445527/lang--en/index.htm. ​ “What Is Bonded Labour? - Anti-Slavery International.” Anti, ​ ​ www.antislavery.org/slavery-today/bonded-labour/. ​ “What Is the Universal Declaration of Human Rights?: Australian Human Rights Commission.” The ​ Australian Human Rights Commission, ​ www.humanrights.gov.au/our-work/what-universal-declaration-human-rights. ​

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Whiteman, Hilary. “Millions Donated to Free Pakistan's Bonded Laborers.” CNN, Cable ​ ​ News Network, 19 Aug. 2015, www.cnn.com/2015/08/19/asia/pakistan-humans-new-york-bonded-labor/index.html. ​

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