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A story of modern slavery
In our Penal Code, slaves and slavery related provisions are described but no specific definition of slavery exists in our legal system.
Buying or disposing of any person as a slave - Section 370
Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Buying or disposing of any person as a slave - Section 371
Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with [imprisonment] for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Unlawful compulsory labour- section-374
Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
(2) Whoever compels a prisoner of war or a protected person to serve in the armed forces of Bangladesh shall be punished with imprisonment of either description for a term which may extend to one year.**
THE Special Rapporteur on contemporary forms of slavery, its causes and consequences, Gulnara Shahinian, in her latest report to the Human Rights Council, has called for comprehensive global action to eliminate the practice of bonded labour which she describes as a form of slavery. Quoting data from the International Labour Organisation, the Special Rapporteur says at a minimum, more than 12 million people are living as forced labourers. The causes are many poverty, demand for cheap labour, unemployment, national or global crises.
"Time and realities may have changed,” Shahinian says, “but the core essence of slavery persists in modern economies. In its modern forms, we find forced labour in agriculture, domestic servitude, the garment industry, the construction industry and prostitution and in the supply chains of mainstream companies.”
Bonded labour occurs when a person offers their services in exchange for the repayment of a debt and, as part of the arrangement, loses control over work conditions and the length of die agreement. Usually there are no safeguards attached to the agreement that would normally be found with a regular loan• such as reasonable conditions of repayment or agreed interest rates. Often the employer uses the debt to force individuals to work in exploitative conditions: bonded labourers commonly work very long hours, for very low wages and with no days off.
Technically, bonded labourers can end their state of servitude once the debt is repaid but as the report points out, this seldom happens. Debtors are often illiterate, lack basic maths skills and are easy prey for money lenders.
In building a profile of this form of forced labour the Special Rapporteur has found poverty first and foremost plays a crucial role: the vast majority of bonded labourers arc chronically poor. Consequently, they often have little or no education, thev are mostly from socially excluded groups, including indigenous people, minorities and migrants and they are more vulnerable because in many cases they have limited access to land where they might otherwise earn a living.
The Special Rapporteur is concerned that in the eyes of many, human trafficking and bonded labour are one and the same. Shahinian says seeing forced labour only through the prism of trafficking means that the magnitude of the problem is seriously underestimated. “Forced labour which may occur In the informal sector, in supply chains and export processing zones, within indigo nous or minority populations and in rural areas - the overwhelming majority - is not addressed," she says.
International efforts to sign, ratify, enforce and monitor the slavery conventions "pale in comparison" to those for trafficking, she says. Given the gravity of the human rights violations associated with bonded labour and the millions of people affected by such practices in every part of the world, it is important, the Special Rapporteur says that slavery be given its due prominence and attention.
Shahinian acknowledges that many countries have ratified the slavery con ventions and the relevant conventions of the International luibour Organization. However, where laws on forced labour exist, their enforcement is limited and Shahinian says there arc very few policies and programmes specifically directed at bonded labour. "Comprehensive action to eliminate this phenomenon," she says, "requires strong political will and the coordinated actions of many Governments to enforce international law and protect the rights of all."
Source Office of the High Commissioner for Human Rights