International Law on Bonded Labor Applicable in India
In addition to domestic laws, India is a party to numerous international human rights conventions and is thus legally bound by them. An extensive review is presented by the Human Rights Watch report on bonded labor in India.
These laws include
Convention on the Suppression of Slave Trade and Slavery, 1926
This convention requires signatories to "prevent and suppress the slave trade" and "to bring about, progressively and as soon as possible, the complete abolition of slavery in all its forms." It also obligates parties to "take all necessary measures to prevent compulsory or forced labor from developing into conditions analogous to slavery". Convention on the Suppression of Slave Trade and Slavery, signed at Geneva, September 25, 1926; Protocol Amended the Slavery Convention, signed at Geneva, September 25, 1926, with annex, done at, New York, December 7, 1953, entered into force, December 7, 1953. A slave is someone "over whom any or all of the powers attaching to the right of ownership are exercised." Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, done at Geneva, September 7, 1956; entered into force, April 30, 1957 (Supplementary Convention).
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956
The supplementary convention on slavery offers further clarification of prohibited practices and refers specifically to debt bondage and child servitude as institutions similar to slavery.
Forced Labour Convention, 1930
The International Labour Organisation (ILO) Forced Labour Convention requires signatories to "suppress the use of forced or compulsory labour in all its forms in the shortest period possible" [Forced Labour Convention (No. 29), 1930, adopted at Geneva, June 28, 1930, as modified by the Final Articles Revision Convention, adopted at Montreal, October 9, 1946]. In 1957, the ILO explicitly incorporated debt bondage and serfdom within its definition of forced labor [International Labour Organisation, Conventions and Recommendations 1919-1966 (Geneva: ILO, 1966), p. 891. The ILO also passed the Abolition of Forced Labour Convention (No. 105) in 1957; India, however, chose not to sign this convention].
International Covenant on Civil and Political Rights (ICCPR), 1966
Article 8 of the ICCPR prohibits slavery and the slave trade in all their forms, servitude, and forced or compulsory labor. Article 24 entitles all children to "the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State" [International Covenant on Civil and Political Rights, G.A. Res. 2200 (XXI), 21 U.N. GAOR Supp. (No. 16), U.N. Doc. A/6316 (1966) (entered into force March 23, 1976)].
International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966
Article 7 of the ICESCR provides that States Parties shall "recognize the right of everyone to the enjoyment of just and favourable conditions of work." Article 10 requires Parties to protect "children and young persons... from economic and social exploitation" [International Covenant on Economic, Social and Cultural Rights, G.A. Res. 2200 (XXI), 21 U.N. GAOR Supp. (No. 16), U.N. Doc. A/6316 (entered into force January 3, 1976)].
Convention on the Rights of the Child, 1989
Article 32: "States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or... be harmful to the child's health or physical, mental, spiritual, moral or social development" [Convention on the Rights of the Child, G.A. Res. 44/125, U.N. GAOR, 44th Session, Supp. No. 49, U.N. Doc. A/44/736 (1989) (entered into force September 2, 1990)]. States are directed to implement and ensure these protections.
Article 35: "States Parties shall take all appropriate. . . measures to prevent the abduction, the sale of or traffic in children for any purpose or in any form." A significant portion of the bonded child laborers of India are trafficked from one state to another, and some are sold outright [Human Rights Watch/Asia, Rape for Profit: Trafficking of Nepali Girls and Women to India's Brothels (Human Rights Watch: New York, 1995)].
Article 36: "States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare" [Convention on the Rights of the Child, G.A. Res. 44/125, U.N. GAOR, 44th Session, Supp. No. 49, U.N. Doc. A/44/736 (1989) (entered into force September 2, 1990)].
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Posted by collective at March 31, 2005 11:25 AM