International Instruments

Prohibiting Modern Slavery

The Universal Declaration of Human Rights
1948

Article 4: Prohibition of slavery and forced labour

1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this Article the term ‘forced or compulsory labour’ shall not include:
 any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of
this Convention or during conditional release from such detention
 any service of a military character or, in case of conscientious
 objectors in countries where they are recognised, service exacted instead of compulsory military service
 any service exacted in case of an emergency or calamity threatening the life or well-being of the community, or
 any work or service which forms part of normal civic obligations.
 The International Covenant on Economic,
Social and Cultural Rights 1966 (ICESCR)
Article 6 (1) - The States Parties to the present Covenant recognize the right to work,
which includes the right of everyone to the opportunity to gain his living by work
which he freely chooses or accepts, and will take appropriate steps to safeguard this
right.
recognizes the right to work “which includes the right of everyone to the
opportunity to gain his living by work which he freely chooses or accepts” .
It includes the right of every human being to decide freely to accept or choose
work.
Work must be decent work.- work that respects the fundamental rights of the
human person as well as the rights of workers in terms of conditions of work
safety and remuneration.
 The International Covenant on Economic,
Social and Cultural Rights 1966 (ICESCR)
Art 7 - The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of just and favourable conditions of work which ensure, in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular
women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal
work;
(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher
level, subject to no considerations other than those of seniority and competence;
(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as
well as remuneration for public holidays
The International Covenant on Civil and
Political Rights

• Art 8
• contains a prohibition against slavery and servitude in similar to that
contained in the Universal Declaration.
• contains a provision which prohibits the use of forced or compulsory
labour subject to certain limited exceptions
• Art 4(2)
• the importance accorded by the Covenant to the slavery provision is
emphasized by its status as a non-derogable right under .
Rome Statute of the International Criminal
Court

‘sexual slavery’, both as a crime against humanity and as a war crime.

‘enslavement’ is deemed a crime against humanity under Article 7(1)(c) of
the Rome Statute and defined at Article 7(2)(c) as: “Enslavement” means the
exercise of any or all of the powers attaching to the right of ownership over a
person and includes the exercise of such power in the course of trafficking in
persons, in particular women and children.
Rome Statute of the International
Criminal Court

The crime of enslavement is elaborated upon at its corresponding Article 7(1)(c):

• 1. The perpetrator exercised any or all of the powers attaching to the right of ownership
over one or more persons, such as by purchasing, selling, lending or bartering such a
person or persons, or by imposing on them a similar deprivation of liberty.
• 2. The conduct was committed as part of a widespread or systematic attack directed
against a civilian population.
• 3. The perpetrator knew that the conduct was part of or intended the conduct to be part
of a widespread or systematic attack directed against a civilian population.
The Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children (Trafficking Protocol)

The most recent reference to slavery in an international instrument.

Supplementing the United Nations Convention against
Transnational Organized Crime
Criminalizes trafficking in persons “for the purpose of exploitation”
including, “at a minimum, the exploitation of the prostitution of others, or
other forms of sexual exploitation, forced labour or services, slavery or
practices similar to slavery, servitude or the removal of organs”.
Regional Instruments
ASEAN Declaration Against Trafficking in
Persons Particularly Women and Children 2004

3.ASEAN DECLARATION AGAINST

Document of commitment to human development and security, and the

improvement of the quality of life of the peoples of ASEAN.
 Criminal Justice Responses to Trafficking in Persons: Ending
Impunity for Traffickers and Securing Justice for Victims in 2007
(“ASEAN Practitioner Guidelines”)

Document to assist the criminal justice agencies of ASEAN Member

Countries in their goal of securing justice for victims and ending the impunity
of traffickers.
Provides procedures for evidential matters, management of witness and trial
issues.
Establishment of legal networking to combat TIP
• criminal_justice_responses_to_trafficking_in_persons.pdf (weebly.com)
ASEAN Leaders’ Joint Statement in Enhancing Cooperation
against Trafficking in Persons in Southeast Asia 2011

• To promote a victim-centered approach by distinguishing victims of

trafficking in persons from the perpetrators, and identifying the
countries of origin and nationalities of such victims;
• To ensure that such victims are treated humanely and provided with
such essential medical and other forms of assistance deemed
appropriate by the respective receiving/recipient country, including
prompt repatriation to their respective countries of origin;
ASEAN Human Rights Declaration 2012

• ASEAN Human Rights Declaration - ASEAN Main Portal

Art 1 - All persons are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of humanity.
Art 13 - No person shall be held in servitude or slavery in any of its forms, or be
subject to human smuggling or trafficking in persons, including for the purpose of
trafficking in human organs
ASEAN Convention Against
Trafficking in Persons
Particularly Women and
Children 2015

• ACTIP.pdf (asean.org)
• Art 2 – Define TIP
ASEAN Plan of Action in
Combating Transnational Crime (2016-2025)

Microsoft Word - ASEAN Plan of Action in Combating TC_endorsed by 16th SOMTC on 24May16 (2)[
3].doc
 Encourage ASEAN Members to have National Strategies/Action Plans.
 Establish specialist units/task forces within the law enforcement agencies to effectively prevent
and combat transnational crimes
 Utilise existing international/regional database to facilitate and analyse critical intelligence
information, such as wanted and arrested persons, modus operandi-organised criminal groups,
and maritime offences.
 The commitment to combating transnational crimes under the frameworks of ASEAN Ministerial
Meeting on Transnational Crime (AMMTC) and Senior Officials’ Meeting on Transnational Crime
(SOMTC).
ASEAN Plan of Action Against Trafficking in
Persons, Especially Women and Children 2021

• Microsoft Word - APA - FINAL as of 27th ASEAN Summit.docx

 Strengthen the rule of law and border control among ASEAN Member
States.
 Intensify efforts to prosecute trafficking in persons cases.
 Strengthen regional cooperation based on shared responsibilities to
effectively address demand and supply that fosters all forms of trafficking
in persons, especially women and children, that leads to trafficking.