Individual Case (CAS) - Discussion: 1997, Publication: 85th ILC session (1997)

A Government representative acknowledged that it was not the first time that the application of the Convention by Brazil had been before the Committee. The Government remained attentive to the observations of the Committee of Experts and reiterated that it was taking measures to combat and eradicate forced labour in the country.

The Brazilian legislation directly opposed the exploitation of forced labour. The federal law covered crimes against labour and the penal law covered crimes against individual freedom, such as reducing someone to conditions analogous to slavery which was punished with a minimum penalty of one to eight years imprisonment.

The Government, aware that legislation was not enough to eradicate forced labour, had put in place various mechanisms which had the principle objective of abolishing forced labour, especially in rural areas and regions which were difficult to access.

The Government's concern was not restricted to the ambit of the Minister of Labour, but also extended to all levels of the Federal Administration. The effort of the Government was exemplified in the creation of the Executive Group for the Abolition of Forced Labour (GERTRAF), instituted by the President of the Republic through Decree No. 1,538 of June 1995. The GERTRAF was comprised of representatives of the Ministers of: Labour; Environment; Hydraulic Resources and the Amazon Authority; Agriculture and Supply; Land Policy; Prevention and Social Assistance; Justice; and Industry, Trade and Tourism. The GERTRAF had elaborated, put into place and supervised integrated programmes to eliminate forced labour and to promote the necessary labour legislation for the widest implementation. In this area, with the object of completing the relevant legislation, it coordinated the actions of the competent bodies to eliminate forced labour and developed adequate measures with the assistance of the ILO and the Public Ministers of the Union and of the States.

Concerning the coordination with other bodies and entities, in addition to the GERTRAF, the Minister of Labour was now involved in various fields: firstly, in the context of the compromise agreement signed at the end of 1994 by the Attorney General, the Public Minister of Labour, and the Federal Police, government actions taken or which were to be put in effect were discussed, planned, and evaluated together, with the objective of preventing and punishing the practice of forced labour. At the same time, monthly meetings of the National Forum Against Rural Violence were held, which brought together governmental and non-governmental bodies such as the Pastoral Commission on Land and the National Confederation of Agricultural Workers (CONTAG). During these meetings complaints were brought, funding strategies discussed, and other complementary actions were taken.

To reinforce the system of inspection and guarantee the systematic investigation of complaints of forced labour, the Special Mobile Inspection Service has increased its agility. Since March 1996, it has decentralized its operations with the creation of Regional Centres. The Regional Centres of the Special Mobile Inspection Service were linked to a National Centre in Brasilia, under the responsibility of the National Secretary of Labour Inspection, who also coordinated GERTRAF. The Special Mobile Inspection Service consisted of a trained team of labour inspection agents with autonomy to carry out inspections at any location on national territory, independent of jurisdiction.

Of the 83 enterprises inspected in 1995, a total of 26,242 workers were affected; and in 1996, with the intensification of inspection, 239 enterprises were inspected, affecting 82,395 workers. The economic activities which were the subject of complaints and inspections were typically rural, and consisted largely of adult male labourers.

All of the reports of the Inspectors involving complaints of forced labour were directed by the Ministry of Labour to the Attorney General in order to prepare the procedures which occur in the Federal Prosecution of Civil Rights. As soon as the Public Ministry of Labour informed the Ministry of Labour on the development of the processes, this information would be transmitted to the Committee of Experts.

An important instrument in combating the practice of exploitation of forced labour was the application of Ordinance No. 101, of January 1995, of the Minister of Labour, which determined that, in virtue of the social function of ownership, in cases of employers who the Special Mobile Inspection Service verified were repeat offenders in degrading workers, a detailed report should be sent to the National Institute of Settlements and Agrarian Reform (INCRA) for a recommendation dealing with the confiscation of land for agrarian reform.

This past March, coordination was established between the Ministers of Labour, of Environment, and of Hydraulic Resources and the Amazon Authority, and the Public Minister of Labour, with a view to a rapid application of this instrument.

In order to secure the fulfilment of the objectives of the National Program on Human Rights, the National Secretary of Human Rights, linked to the Ministry of Justice, was created on 7 April 1997, which will coordinate, administer, and complete the execution of this programme. The principal objective was to give coherence to the sectoral policies of the various governmental areas concerning human and civil rights in a form consistent with civil society. Another objective was to promote the interchange and cooperation of international bodies concerning human rights; and to coordinate the Council for the Defence of Persons and the National Council for the Rights of Women, and with the group to support the National Program on Human Rights. The National Secretary of Human Rights would also promote and stimulate public awareness campaigns to create a culture of human and civil rights.

Furthermore, a Subgroup on Normalization was created, which proposed in July 1996 the establishment of measures to facilitate adoption of Draft Law No. 929/95, which defined as a crime all action leading to or involving the exploitation of forced or degrading labour. This draft law had been widely discussed by all segments of society and currently was before the Committee on Constitution and Justice in the Chamber of Deputies. This Bill contained the necessary means to apply more severe penalties and opened the possibility for the Government to verify that those who benefited directly or indirectly would be punished, in accordance with Article 25 of the Convention.

The speaker stated that a recent meeting of the National Secretary of Human Rights was held, comprised of representatives of governmental and non-governmental bodies, which discussed the proposals formulated by the National Forum Against Rural Violence. The Federal Government, through the National Secretary of Human Rights, had begun to take the necessary steps to facilitate the presentation of the above-mentioned Bill before the National Congress. His Government would, as usual, keep the ILO informed of the presentation of the Bill, as well as of any new measures adopted to give full effect to the principles of the Convention. In conclusion, he pointed out that his Government accorded great importance to the fulfilment of ratified Conventions and emphasized fundamental labour standards; and it was especially dedicated to observing their application in practice.

The Workers' members thanked the Government representative for the information provided. Last year, this Committee noted that there had been a change in the Governments' attitude to the violations of Conventions Nos. 29 and 105 since 1986. As a result of a representation submitted pursuant to Article 24 of the Constitution by the Latin American Central of Workers (CLAT), the tripartite committee set up by the Governing Body had examined the situation and submitted its conclusions. The case was also considered in detail by the present Committee in 1992, 1993, and 1996. During the last discussion, it was noted that the Government participated actively in the examination of the problems in question by submitting a report which demonstrated progress in several areas. The present Committee had insisted, however, in its conclusions that these efforts be pursued and expanded, both as regards the amendment of existing and the adoption of new legislation and the application of effective sanctions on the whole territory of Brazil. With pleasure and interest the Committee could note certain positive developments also this year in the directions urged by the Committee of Experts. It should, however, be emphasized that the efforts undertaken be commensurate with the scope and complexity of the problem of forced labour in all its manifestations, in a country which suffers from significant problems of exploitation and inequality. The serious problem of child labour should also be recalled in this context.

The information provided by the Government indicated that further progress had been made. However, there were shortcomings, as the Committee of Experts had stressed, in the application of Article 25 of the Convention. These existed notably in relation to the subcontracting and use of intermediaries which continued to favour the impunity of those who profited most from forced labour. It should be noted with interest that the ministers, the parliamentary Committees, as well as the national congress were preparing draft legislation with the assistance of GERTRAF. The civil society, notably through the trade unions and the churches, was involved in the preparation of projects which should allow for a more efficient repression of forced labour by imposing sanctions, including prison sentences, on those who use forced labour. In the same vein, the efforts in the areas of inspection and control were welcomed. The relevance of these measures were evidenced by the support it benefited from in the civil society. It was, however, of importance that the Government ensured that in the fight against slavery the essential service of inspection could be carried out with sufficient guarantee for the safety of its agents. It remained to point out that the deplorable and excessive slowness of the judicial procedures risked nullifying, in practice, the strengthening of the legislation.

In conclusion, while considerable progress has been noted in several areas, the practical implementation of the envisaged measures remain uncertain. That was why it was important to adopt urgently the draft legislation which provided for a more efficient repression of forced labour. The good intentions of the Government were welcomed, but they should not obscure the fact that the legal proceedings still proceeded with unacceptable slowness and that the profiteers from exploitation of forced labour continued to remain at large.

The Employers' members addressed the different points enumerated by the Committee of Experts in its observation. Last year there had been a detailed examination of this case further to a representation made by the Latin American Central of Workers (CLAT). This representation had been justified because it referred to situations of forced labour in all of its different forms such as debt bondage, physical ill treatment, torture, harassment and sometimes death of thousands of workers. Nonetheless the Government had started taking measures. An example was the establishment of the Executive Group for the Abolition of Forced Labour (GERTRAF) for the purpose of proposing severe sanctions for anyone exacting forced labour. It was not easy to establish who was responsible for the use of forced labour since often those responsible were not the users but the intermediaries.

Regarding the difficulty of imposing penalties due to the fact that the concept of slave labour contained in Section 149 of the Penal Code had not been clearly defined by legislation, the Employers' members stated that this ambiguity should be removed by the Government. As for the Bill being examined by the GERTRAF with a view to defining a whole series of definitions of forced labour, the text of the Bill must be verified to determine whether further specifications needed to be mentioned. Moreover, specific sanctions needed to be applied for specific types of child labour.

Although the activities of the Special Mobile Inspection Service had resulted in greater effectiveness of the inspection system and of the judicial proceedings initiated on the basis of the inspection reports, the Committee needed to know more about the number of prosecutions that had actually taken place. As for the slowness of judicial proceedings, this was often the consequence of the legal guarantees which were inherent in a State which was based on the rule of law, but maximum efforts should be undertaken to resolve this problem. The Government had undoubtedly taken a number of important and correct measures. It was important to coordinate these measures especially in a federal State like Brazil. At the end of the previous year's discussion in this Committee, the Employers' Employers' members had asked the Government to continue intensive efforts to put an end to forced labour. A year later they expressed this hope more urgently and trusted that there would soon be progress and major changes.

The Workers' member of Brazil highlighted the precision with which the Committee of Experts had treated the main questions of the present case. The observations went to the heart of the matter. Many initiatives had been taken to combat the problem of forced labour. The creation of GERTRAF and the coordination of the regional labour inspectorates, in particular the Special Mobile Inspection Service, were steps in the right direction. It had to be observed that the action of the unions, as well as the routine work of the inspection service and complaints, together with the other institutions of civil society, had led to a draft law on the abolition of forced labour.

Nonetheless, the speaker regretted that doubts existed about the definition of forced labour in Brazil and, therefore, the judiciary was afraid to consider forced labour as slavery. Should working for food be considered slavery? Certain social sectors did not recognize that the right to life was linked to the right to work.

The effective abolition of forced labour encountered significant obstacles in Brazilian institutions notably as concerned the powers exercised by the Judiciary and the Government's own administration. This situation permitted forced labour to be used by small enterprises, which acted as the intermediary for producers, thus benefiting in this perverse way many economic groups, including multinational corporations, which should also be subject to penal sanctions.

Immediate changes in the legislation were necessary to bring all violators to justice in a rapid and efficient manner. This was the spirit of Article 25 of Convention No. 29. It was not enough to simply create working groups or to adopt administrative measures. These measures, by their nature, would not affect all of those which were involved. The political will must also exist to leave the imaginary world for the real one.

The speaker asked about the political will to push through the draft legislation. The current Government had a majority which permitted it to complete within four months a constitutional reform to allow the reelection of the President of the Republic, as well as governors and mayors. If the will of the Government existed to eliminate forced labour in the country, it could solicit urgent treatment for the draft laws which provided for sanctions for those that directly or indirectly used forced labour. The Government of Brazil had made clear in the meeting of the WTO in Singapore that the ILO was the appropriate body in which to discuss social issues concerning the world of work. Consequently, the Government should accept the labelling of Brazilian products, certifying that they were made in accordance with international labour standards. This, no doubt, would give great political authority to proposed immediate action by Congress.

The Workers' member of Argentina stated that this case was important for all workers of his country given that they participated with workers' organizations of Brazil in the Network of Central Trade Unions of the Southern Cone and in the working committees and subgroups of MERCOSUR, in particular concerning labour relations, employment and social security. They shared the concern of the Brazilian workers that there be compliance with ILO standards, in particular those regarding fundamental human rights.

The speaker recalled that the case had been discussed by the Committee in 1993 and 1996: forced labour was the most brutal exploitation of humans and should be abolished definitively. There should be no indulgence shown towards those who used forced labour nor tolerance for the governments which allowed it. The Committee of Experts had drawn attention to the lengthy legal procedures and the lack of penal sanctions. The indications given by the Government raised serious doubts: it was not sufficient to create conditions or to present draft legislation; what was missing was the elimination of unacceptable employment recruitment practices by which workers were subjected to inhumane conditions for the benefit and greed of some.

The speaker urged the Government of Brazil to improve the mechanisms for supervision, to guarantee the enforcement of judicial decisions, and to demonstrate a real interest in eradicating the practice of forced labour. The Government should transmit to the Office concrete evidence of the abolition of forced labour, in particular for the most vulnerable workers, such as agricultural workers and indigenous peoples.

The Workers' member of the United Kingdom pointed out that this case was a very difficult one. Although there was a lot of talk about what was going on, she was not clear as to what output or impact there had actually been. The speaker recalled that the 1996 observation of the Committee of Experts detailed cases of appalling abuse in which workers in various sectors of the rural economy were recruited on the basis of false promises, transported from their place of residence to isolated workplaces where they were forced to work long hours in sub-human conditions. These workers were in a situation of complete dependence, in conditions of debt bondage and forcibly prevented from leaving their employment relationship. Attempts to leave risked a violent response of ill treatment, torture, harassment and sometimes death.

In addition, there appeared to be an impasse on the legislative front. The first Bill referred to in paragraph 3 of the observation of the Committee of Experts seemed to be so wide-ranging that it risked obscuring Brazil's main priority which was to deal with slave labour, labour analogous to slavery and forced labour. The Bill covered a wide range of abusive employment relationships, some of which had only a tenuous relationship with forced labour and appeared to stretch the definition beyond what could be considered degrading, let alone forced labour, for example, gambling. Moreover, while the Bill provided for financial penalties, the Convention required that penalties should be adequate and strictly enforced. Thus, the Convention required more than the removal of credit facilities. Such penalties were not an appropriate response to what was a crime against humanity. Penalties needed to be punitive. The second Bill before Congress related to the impunity of enterprises that used a subcontracting system. Its provisions were listed in the observation of the Committee of Experts. They seemed to take the issue forward. But it was not clear what had happened to these proposed Bills. Where were they now? The speaker was of the view, however, that what was required was a unified, focused piece of legislation which laid down national standards to be enforced energetically through adequately resourced local agencies.

On the question of inspection, the Government had provided information on 83 enterprises in 1995. The speaker wondered what rate of coverage this represented and how long it would take for all enterprises to be inspected. Moreover, since the Government had stated that the Special Mobile Inspection Service had resulted in greater effectiveness of the inspection system, it should indicate how it had evaluated the effectiveness of these measures.

The Committee of Experts had also noted the excessive slowness of the judicial proceedings and that numerous trials initiated in 1991, 1993 and 1994 were still in progress. The Committee of Experts had considered that this amounted to a denial of justice. The speaker wondered what the Government had done to speed up the proceedings. Finally, she wanted the Government to provide further information on how many workers had been freed from forced labour since the start of the Government's programme and what support had been provided by the Government to those workers. Moreover, she wished to know what public awareness campaign had been launched at the State and national levels.

The Workers' member of Colombia indicated that the observations submitted by workers' organizations and the comments of the Committee of Experts were evidence that a violation of the Convention persisted. The Government should work more effectively to end this practice which constituted a serious offence against human dignity. The neo-liberal model imposed on workers not only the scourge of unemployment, but left them also in conditions of servitude. It was curious how tribunals functioned in these cases, to the detriment of an effective defense of the rights of workers. The information provided by the Government indicated that results had not been heartening. New laws were not necessary, only their fulfilment, along with a commitment from the Government to take measures to ensure that the situation of forced labour was eliminated in the country. Labour inspection should be reinforced and sanctions put in place to punish those criminals who profited from forced labour.

The Workers' member of Greece noted that upon a reading of the report of the Committee of Experts, Brazil did not stand out as the main culprit when it came to forced labour and slavery in all its forms. It was a source of pleasure to note the efforts the Government had agreed to undertake in order to halt these practices. But in order to evaluate the real impact of these efforts the Government representative should state in detail how many enterprises or individuals were condemned for such practices and the sanctions imposed.

The Workers' member of the United States stated that what was at the heart of this debate was simply equal justice and equal protection under the law. He recognized that efforts appeared to have been made by some Brazilian legislators to come to grips with the forced or compulsory labour problem, including the drafting of a Bill which was being examined by the GERTRAF (Executive Group for the Abolition of Forced Labour), a governmental agency instituted by President Fernando Henrique Cardoso. As the observation of the Committee of Experts made clear, this proposed Bill attempted to define a larger classification called degrading labour, including what would be identified as forced, compulsory and slave labour, with some efforts at providing for administrative sanctions. Moreover, the observation pointed out that the Government had reported that its Ministerial Decree MTb 369 of 29 March 1996 had conferred greater flexibility and efficiency to the inspection service on its efforts to identify slave labour, even though a mere 83 enterprises had been inspected in 1995 and 239 in 1996.

Nevertheless, his group was still awaiting a number of concrete results after one year, results which were not at all clear after hearing the Government's representation. In its report of last year, the Government had attempted to justify the difficulty of effective compliance with Article 25 of the Convention by saying that Brazilian legislation had not yet succeeded in defining the concept of slave labour under section 149 of the Brazilian Penal Code. Yet, Bill No. 929 of 1995, which was supported by many private and governmental organizations, including the National Confederation of Agricultural Workers (CONTAG), the Pastoral Commission on Land (CPT) and the Secretariat of the Ministry of Labour Inspectorate, just to name a few, provided for measures for the establishment of enforcement mechanisms and penal sanctions in order to ensure compliance with Article 25 of the Convention. To date, unfortunately, no real progress was known in respect of such a legislative initiative. Moreover, the Committee of Experts had noted in its observation that there were a number of cases concerning forced labour still pending in the Brazilian judicial system, including trials initiated in 1994, 1993 and 1991.

The speaker also pointed out that the decentralization of the inspection service, which the Government claimed had produced more flexibility and efficiency in the struggle against slave labour, certainly had not increased the security of inspection personnel responsible for the inspection function. To the contrary, many more of them had received threats to their physical integrity, as the Committee of Experts had observed. The Government representative had not mentioned any rectification of this very grave problem.

The speaker referred to the change in the legislation pushed through by the Government in the public sector to introduce temporary contracts, flexible work patterns, and deregulatory measures. He indicated several cases of repression against agricultural workers, the arrest of leaders of "The Landless Peoples' Movement", massacres of workers, such as at Eldorado de Carajas, sanctions against trade union members for participating in economic strikes, for example, the strike against the National Petroleum Federation two years ago. He insisted that the Brazilian Government punish those who violate the Convention by subjecting workers to forced labour, and that it show the same commitment as when it imposed sanctions to protect land, capital and private property. He considered that, in spite of certain measures taken, these were unfortunately insufficient.

The Workers' member of Pakistan pointed out that unfortunately the situation of forced labour prevailed in many parts of the world. This situation was an affront to human dignity. Since Brazil was a major country of Latin America, it had a special responsibility to deal with this problem. However, those responsible were not being punished as was indicated in the observation of the Committee of Experts. This was obvious from the fact that numerous trials initiated in 1994, 1993 and 1991 were still pending on this matter. The Government representative should have pointed out how many of those responsible for the exaction of forced labour had been taken to the courts. It was important that the legislation be enforced and that the Bills mentioned by the Committee of Experts be adopted. However, the most important factor was that the socio-economic problems leading to a situation of forced labour be removed by the Government.

The Government representative stated that he had listened attentively to the recommendations formulated by the Workers' and Employers' Vice-Chairpersons, declarations which had encouraged the Government to continue taking measures to combat forced labour. It was necessary to point out difficulties and a frank dialogue should be maintained between the social partners. The Government believed that the creation of the GERTRAF was the most productive way to combat forced labour within the context of a policy of human rights. Also, the speaker noted the comments of the Workers' members, and the information requested would be included in the Government's next report. It was important to emphasize that the number of enterprises inspected, mentioned in the Government's opening statement, were undertaken by the Special Mobile Inspection Service in its efforts to combat forced labour. The other labour inspection services also intervened in this area.

The Committee took note of the detailed explanations presented by the Government representative and the discussion which followed. The Committee also noted the information presented by the Committee of Experts which demonstrated that the Government was not indifferent to the gravity of the situation. The Committee noted the inspections made and considered that these inspections should be increased, continued, and intensified. The Committee expressed its disquiet that a large number of measures had yet to be adopted, specifically those which referred to the definition of slavery or forced or degrading labour, as well as the administrative sanctions envisioned, none of which had been applied. It hoped that information would shortly be provided on this question, in particular in respect of agricultural workers. The Committee expressed its concern over the slowness of proceedings to sanction cases of forced labour as well as the frequent evasion of responsibility by those who benefited from forced labour, which could constitute, in practice, a denial of justice. Finally, the Committee urged the Government to intensify its efforts to give full effect to the provisions of the Convention to eliminate definitively all forms of forced labour. The Committee hoped that in the near future the Government would be able to show substantial efforts toward realizing the full application of this fundamental Convention.

Individual Case (CAS) - Discussion: 1996, Publication: 83rd ILC session (1996)

The Government supplied the following information:

The Government, mindful of the comments of the Committee of Experts, is working towards the formulation with the different government sectors and society in general of a joint action programme in the context of the fight against forced labour, which is the subject of the representation brought by the Latin American Central of Workers (CLAT). Within the federal structure of the administration, the Ministry of Labour is an executive organ of government. It does not have the power to establish penalties; this belongs exclusively to the legislature. The role of the Ministry of Labour is linked to the constitutional separation of powers, i.e. the Ministry's competence is limited to the administrative sphere. The Labour Ministry establishes the existence of an unlawful situation and applies legal sanctions as provided by law. In cases of penal infractions, the evidence is forwarded to the federal public prosecutor in order to determine whether or not the accused are to be criminally charged.

Notwithstanding the difficulty of imposing more rigorous sanctions, given that labour legislation does not always provide precise parameters to combat labour exploitation - such as is contained in the Penal Code, article 149 "to reduce someone to a condition analogous to that of a slave" - there are initiatives to provide exemplary punishments for those who resort to such labour.

In his message to the nation on 27 June 1995 concerning slave labour in Brazil, the President of the Republic announced the creation of an Executive Group on the Repression of Slave Labour (GERTRAF), stating that "the first task will be to define the genuinely severe penalties against those individuals who enslave Brazilian citizens ...". While stressing the importance of effective penalties, in the framework of the executive, he underscored that "the Government will not grant loans, subsidies or debt relief to these unscrupulous farmers and enterprises, nor will it allow them to submit bids on public tenders".

The President signed Decree No. 1538/95, creating the GERTRAF, whose role is to coordinate and implement, within the framework of the federal executive, the necessary measures to eliminate forced labour by:

(1) elaborating, implementing and supervising an integrated programme for the elimination of forced labour;

(2) coordinating the activity of the competent organs for the elimination of forced labour, by indicating the applicable measures;

(3) coordinating with the ILO and the public ministries of the Union and the states in order to apply the relevant legislation;

(4) proposing standards for the implementation of the integrated programme on the elimination of forced labour.

The GERTRAF under the auspices of the Social Policy Chamber of the Government Council, is composed of representatives of five ministries, including the Ministry of Labour, which ensures the coordination of the Executive Group.

The special mobile inspection group which supports the GERTRAF, created within the Ministry of Labour by Decree No. MTb/550 of 14 June 1995, with full territorial jurisdiction, was designed to give maximum flexibility and efficiency to the inspection activities and the fight against slavery and degrading labour. This Group has recently had good results in the context of its activity under Decree No. MTb/369 of 29 March 1996. Mobile inspection under the direction of a national inspection secretariat has been decentralized through the creation of six regional coordinations linked to the national coordination.

In conceptual terms, it is difficult to identify the limit between slave labour and degrading labour and the different forms they may take. The solution to this legal problem is foreseen in draft legislation that the Ministry of Labour has sent to GERTRAF for comment. This proposal envisages administrative penalties for persons who resort to degrading work, without prejudice to applicable criminal sanctions already foreseen by Bill No. 929/95.

In this regard, on 14 May 1996, the Ministry of Labour, with the assistance of the ILO, organized a technical meeting on degrading forms of work in order to better understand the scope of forced labour to help the GERTRAF in their mission.

The text of the Bill under discussion with GERTRAF seeks to define what is degrading work while imposing the following administrative sanctions on those who submit workers to this kind of exploitation on their land by:

(1) denying requests to official credit institutions and organs of the public administration, directly or indirectly, for loans, financing, cancellation of interest payments, rescheduling of debts, or any other advantage;

(2) refusing to conclude contracts or agreements with any organ of the public administration, directly or indirectly, and exclusion from tendering in the public sector;

(3) refusing to grant subsidies or advantages from the public administration or its intermediaries, directly or indirectly.

The Ministry of Labour sent to the GERTRAF a proposed constitutional amendment to article 243 of the federal Constitution allowing confiscation of land belonging to persons who resort to degrading work: "The dispositions of the present Article apply to plots where workers in a degrading situation have been found, in accordance with the law."

The draft Law No. 929/95, prepared by the National Forum against Rural Violence, brings together representatives of rural workers, organizations in defence of human rights and the public authority. The working group which prepared this Bill was composed of representatives of the following institutions: the National Confederation of Agricultural Workers (CONTAG); the Pastoral Commission on Land (CPT); the Secretariat for Inspection of the Ministry of Labour; the Attorney-General; the prosecutor of the Ministry of Labour; the Commissions of Human Rights and of Agriculture; the Subcommissions on Slave Labour of the Chamber of Deputies.

It must be noted that the justification for the Bill, under article 149 of the Penal Code, is intended to remedy certain imperfections leading to a restrictive interpretation of the legislation, thus making the imposition of sanctions extremely difficult, i.e. the requirement of wilful misrepresentation by the landowner. Thus landowners frequently resort to subcontracting to free themselves from criminal liability. The Bill attempts to extend the content of the above-mentioned article of the Penal Code while seeking to better define the liability of agents as provided in article 9: "are considered as purchasers of services, the landowner and the farm owner, their representatives, administrator, manager, contractor, subcontractor in charge of the establishment". The Bill concludes with the question of the farmer's liability by leaving it to the federal jurisdiction to settle the problem of article 10: "on farms, it is the responsibility of the landowner to oversee whether the tenant practises or tolerates forced or slave labour on his premises or in his buildings, and to report such practices to the competent authorities".

Moreover, the Bill defines the organization of a regime of forced or slave labour as a felony, punishable by a prison sentence from one to eight years with a fine.

The recruitment of forced or slave labour is regarded as an aggravated felony when it involves minors of less than 18 years, pregnant women, indigenous peoples, or the mentally retarded, as well as in cases of serious bodily harm or death in the transportation of workers. As regards the contract, there is an aggravated felony when the workers are under 14 years old or less than 18 years old for night work, dangerous or unsanitary work or other work having negative influence on their moral, technical or professional development.

Strictly speaking, the practice known as forced labour includes: obliging workers by machination, artifice or fraudulent means of any kind, by obligation, physical or psychological constraint, to work or remain to work on the premises or to carry out any kind of activity, to purchase food or staple goods, tools for work, or to stay on the premises indicated or maintained directly or indirectly by the purchaser of services or his representatives.

Under a broad interpretation of article 149 of the Penal Code, article 8 of the aforementioned Bill provides for the case where workers are kept in a state of slavery or in a condition analogous to that of a slave, such as to sell, buy or carry out operations which force people into a state of slavery or in a condition analogous to that of slavery.

Provision is also made requiring the judge to pronounce, in addition to all the penalties provided in the Bill, an injunction - for the agent, as well as the physical or legal person holding the power of decision - to obtain public financing or tax relief for a period of five to ten years. With regard to the legal aspects of Bill No. 929/95, the Ministry of Justice has in point 12 of its advisory opinion No. MJ/03/96, recommended examination by the committee studying reforms of the Penal Code by pointing out that initially, it must accept the constitutionality of confiscation of real estate or property on which the crime has been committed, "since the (present) constitutional text provides only for confiscation of land, without compensation, in cases where psychotropic plants have been grown, as provided by article 243".

The Bill under review by the Chamber of Deputies was approved unanimously on 22 November 1995 and immediately sent to the Special Penal Subcommission of the CCJR on 12 April 1996 where it presently remains.

The Ministry of Labour is trying to regulate the enabling legislation of the Constitution under article 184 (which allows expropriation in the social interest for reasons of agrarian reform, or a building which does not fulfil its social function), read conjointly with article 186 of Constitutional Section III (which provides that, to carry out its social function, rural land must respect the dispositions covering labour relations). To this effect, Decree No. 101 of 12 January 1996 of the same Ministry sets out the procedure for transmitting inspection reports to the National Institute on Colonization and Agrarian Reform (INCRA) in order to help this organ to prepare confiscation orders for rural buildings where the owner, after notification by the labour inspection, repeats the offence by submitting workers to degrading forms of work.

The Government will keep the ILO informed of changes in the aforementioned Bills as well as new Bills proposed by the GERTRAF.

A Government representative reiterated verbally the information provided in writing above.

The Employers' members noted that, as in 1992 and 1993, the same observations had been made by the Committee of Experts. The crux of the problem was that cases of forced labour had been resorted to in very many sectors of the economy including agriculture, forestry and mining, where workers were exploited and subjected to inhuman conditions.

The Government's reports over the years had certainly showed that it had been active in its efforts to combat this problem: various programmes and working groups had been established and legislative measures adopted. However, the Committee of Experts had questioned whether these measures were adequate. Moreover, the Experts had noted that there were conflicts as to whether the federal Government or the state governments were competent on certain issues, which seemed to cause a further obstacle to the resolution of the problem. The Experts had considered that the Government's reports referred less to debt bondage and to forced labour than to violations of labour legislation. Labour inspection reports had indicated that different types of forced labour had been taking place which had affected young people increasingly. The setting up of a special working group in 1995, responsible for taking action in this field, showed how difficult it had been to coordinate these activities until then. It was a fact that things were moving too slowly. Too few convictions had been secured, too few perpetrators identified and the main guilty parties were escaping all punishment.

It appeared from the information furnished by the Government that it was resorting to a whole host of measures: the intervention of the President of the Republic himself, the creation of the GERTRAF, amendments to legislation, adoption of penal provisions, etc. However, in view of the scope and the seriousness of the problem, one had to consider whether this action was really sufficient.

The Employers' members thus urged the Government to better coordinate its efforts so that forced labour, the persistence of which was to be deplored in a country like Brazil, would definitely be a thing of the past towards the end of the 20th century.

The Workers' members recalled that the case of Brazil under Convention No. 29 had been discussed extensively by the Committee in 1992 and 1993. Since then there had certainly been a change for the better in the attitude of the Government. The information provided by the Government to the Committee this year showed that the Government was indeed trying to develop a more comprehensive approach to an extraordinarily difficult task. For example, the Government representative had referred to the Declaration of the President of the Federal Republic of Brazil on 27 June 1995 in which he had announced the creation of an Executive Group on the Repression of Slave Labour (GERTRAF). Reference had been made by the Government representative to a host of active measures to eliminate forced labour, including the exclusion of undertakings using forced labour from loans, subsidies or debt relief.

However, thousands of workers continued to live and work in appalling conditions and in a situation of complete dependence. This was due to the slowness of the judiciary, the failure to punish the authors of the crimes, the lack of joint action between the different authorities and a host of other deficiencies in the overall approach. In many situations, major multinational corporations with enormous prestige were involved in these practices through using the device of subcontractors who used forced labour.

The Workers' members considered this case a practical example of the value of the ILO, in stark contrast to the other international organizations in that geographical sphere. For example, in their report, the Committee of Experts indicated that the highest concentration of cases involving slavery had been reported in the areas of Brazil where the development projects of the World Bank were underway. That was a compelling testimony to the moral stability of that organization and to the futility of looking solely at narrowly defined economic solutions to vital human problems.

Furthermore, the Experts had indicated that the Government's reports did not contain any information about the penal sanctions that had actually been imposed on those responsible for exacting forced labour. However, without the strict enforcement of penalties, there could be no adequate progress. Thus, an even more comprehensive approach needed to be introduced all over Brazil, especially in view of the scope of the problem and the fact that the number of victims of forced labour had risen in recent years. Furthermore, the Committee needed more information about the penal sanctions that were imposed in every state of the country to enforce compliance with national legislation and Convention No. 29. Finally, draft legislation which had been referred to by the Government representative needed to be looked into more fully.

The Workers' member of Brazil noted that the Government's report, which acknowledged the violation of Convention No. 29, pointed to a worsening of the situation and to an increase in the number of cases of forced labour. This report, which described the new groups that had been established and the seminars organized to study the situation, did not mention either the results achieved or those expected to be achieved. The report also indicated that the perpetrators of these crimes went unpunished, which was all the more serious since Convention No. 29 required that sanctions be applied.

The speaker stressed that there was no legislation on forced labour in Brazil. There were certain legal instruments, such as section 149 of the Penal Code applying to bonded labour, but the interpretation of these instruments was left to the discretion of the authorities. There was also a bill before Parliament but the Government was not doing anything to adopt it. A package of laws submitted recently by the Government to defend human rights dealt with the issue of forced and child labour but in a very superficial manner.

The speaker then evoked the fines that had been imposed, as well as the deadlines that had been granted to regularize the situation in certain cases. It was unacceptable that a period of time be granted to regularize the situation of slavery. Moreover, the fines imposed were too low to result in these practices disappearing and many employers preferred to pay their fines rather than to change their practices.

The report also pointed to the arrest of certain gatos - individuals who contracted workers in poor areas of the country. They were released very quickly under a bond and normally they were never tried. There was no mention of penalties or sanctions applied to those truly responsible, be they landowners or national and multinational enterprises which really benefited from forced labour.

The situation of freed workers had not been mentioned in the report. They had no money or documents and were far from their place of origin. They remained defenceless vis-à-vis the gatos and in certain cases even the local police. The absence of any measure in this area meant that these workers once again risked becoming victims of forced labour. The Pastoral Commission on Land (CPT) had provided revealing figures on the outcome of victims of forced labour. It was appropriate to wonder whether the action taken thus far, on the law enforcement and legislative levels, was sufficient to eradicate this form of violence.

Finally, the speaker considered that, in addition to the ineffectiveness and inadequacy of the legislation in force, there was a lack of coordinated national policy, impunity, political interference and lack of resources that were major obstacles that needed to be removed.

The Workers' member of Italy stated that the situation in Brazil had actually arisen out of dictatorship. Concerning forced labour, all the available sources showed that the situation had been aggravated. According to the Pastoral Commission on Land (CPT), the number of workers in situations of forced labour had risen from 19,000 in 1994 to 29,000 in 1995. A study by a researcher at the University of Sao Paolo had put this figure at 60,000. A study published in Italy ("The Last Merchandise") evoked the discovery, in the State of Pernambouc, of a population whose physical appearance had been altered by malnutrition resulting from its situation of bonded labour. An inquiry by the local Christian church had put the number of Guaranis in bonded labour at 7,000.

These practices of forced labour constituted a violation of international standards on the protection of indigenous populations, on the prohibition of child labour and on the protection of workers' health.

Nevertheless, there were forces of progress within Brazilian society which denounced and fought against this phenomenon. The Government itself was taking action along these lines. However, as for other human rights violations, it was appropriate to make efforts to ensure that justice was effectively applied and enforced in this country and ceased to favour those who were stronger. It was also necessary to reinforce labour inspection and aid to marginalized workers.

The Workers' member of Sweden stated that the observation revealed in detail the serious situation in Brazil concerning forced labour. While the Government had expressed its intention, in the information provided to the Experts and to this Committee, to correct the situation it seemed that the Government had difficulties in implementing the measures needed. The Government had also referred to administrative penalties of withdrawing or denying loans or credits to large enterprises where slave or forced labour was used. The speaker wondered whether the World Bank and the International Monetary Fund could not have recourse to this method in a similar way at the international level. Deep concern should be expressed at the lack of adequate inspection and penal sanctions and it should be hoped the Government would take active measures in this respect immediately.

The Workers' member of the Republic of Korea recalled that the Committee of Experts had asked the Government of Brazil in 1987 to take appropriate measures and to impose suitable penalties, where necessary, to remedy the various situations of forced labour. Despite the action taken to eradicate slave labour as reported by the Government in 1992 and in 1993, the labour inspection system had not seemed to function very well since the current situation of forced labour as reflected in the Experts' report was worse than before. It did not make sense that, while the Government established the mobile inspection group and the executive group to repress forced labour, those persons responsible for exacting forced labour could escape the judicial system due to jurisdictional problems between the federal and state levels. Therefore, the strengthening of the inspection system alone was not the answer. Penal sanctions needed to be enforced strictly in order to effectively prevent and eradicate forced labour. In addition, the Government needed to promote public awareness campaigns against debt bondage labour at the state and federal levels.

The Workers' member of Colombia indicated that the situation in Brazil was all the more dramatic since the Labour Ministry itself had stated that it was unable to enforce the law and although its intentions were good, its actions were not very effective. It was not the first time that a government spokesperson had expressed concern and had made promises to the effect that everything would be solved in the near future. In practice, however, not enough was being done to ensure full conformity to Convention No. 29, to prevent the exploitation of children and adults working in conditions of real slavery.

The Workers' member of Spain stressed that, while the Government of Brazil was organizing seminars to arrive at the conclusion that the definition of slavery was not very precise, the Committee of Experts' report talked about a 67-year-old man who was severely beaten by the boss because he wanted to go home. The Committee of Experts demonstrated not only the fact that all legal procedures were moving very slowly, but in the few cases where there was some penalty imposed, it was imposed not on those who were responsible but only on minor intermediaries. The problems raised involved serious violations of Convention No. 29 because thousands of workers were working as slaves, unable to break their labour contracts.

The Workers' member of Greece stated that the case under discussion concerned the non-respect of not only an international labour Convention, in this case that of forced labour, but also of human dignity. Those who knew Brazil from the media imagined it as a country where there was a certain joie de vivre and racial solidarity, but on reading this report, it was clear that this was just a facade. The dictatorship of the past could not justify a lack of solutions to these problems. These cases had been discussed in 1992 and 1993; in one year, the number of persons enslaved had increased by 26 per cent. The Government had mobilized efforts to end slavery, but to no avail. The Government representative explained that the Government applied penal sanctions, but it had been proven that even when these were applied, slavery only increased because the sanctions were virtually insignificant. The problem could not be solved by simply adopting legislation: a campaign must be organized so that Brazilians became aware that their country was regarded as practising slavery, and very severe sanctions must be imposed.

The Government member of Germany stated that in Brazil there were widespread phenomena of forced labour of different kinds and the facts were frightening. The Committee of Experts had established this, as well as the committee set up to investigate a complaint under article 24 of the ILO Constitution. The Workers' and Employers' spokesmen had also established this and the representative of the Brazilian Government had not denied it. This had not always been the case. This attitude could be contrasted positively with that adopted the previous year by the Government representatives of two other countries which had seriously violated Convention No. 29 and who either denied the facts or felt that these facts were quite normal and in compliance with certain traditions prevailing in the country.

The main problem, as appeared from the report and the information provided by the Brazilian Government, seemed to lie in the application of existing legislation. The criminal law sanctions either hit the wrong people or were too mild. However, in a democracy, the possibilities of a government to influence the legal system did not exist; it could not just change the judges overnight who were handing down these judgements, even if it was not satisfied with these facts and was trying to seek new approaches by applying economic sanctions instead of legal. This recalled another discussion concerning the social clause, and in this context it was quite significant that the Government was trying to seek new approaches. Therefore, while stressing that what was happening in Brazil was intolerable, the conclusions should try to express this in a way which encouraged the Government to continue with the approaches they have already adopted and to find new approaches.

The Government member of Uruguay believed that nobody in this Committee could doubt the quality of the democratic Government of the Federal Republic of Brazil and that the statement made by its representative showed quite clearly and unequivocally the awareness of the Government of the extent of the problem. The personal commitment of the President of Brazil towards resolving this problem was also mentioned. Therefore the Committee's attitude should be to encourage the Government to rapidly undertake the measures indicated.

The Government representative of Brazil stressed that the case of forced labour in Brazil was of major concern not just to the President, but to all the people in Brazil. It was a long-standing and very serious problem and it was not something that could be solved overnight. If it were so easy, one could simply pass a law. The action that the Government had taken up to now was not merely symbolic, in fact it was quite specific. The Government and the people wanted these acts to be condemned as criminal acts and hoped that the draft law would indeed be adopted, reflecting the will of all Brazilians.

The Committee took note of the report of the Committee of Experts, of the conclusions of the tripartite committee set up under article 24 of the ILO Constitution, of the detailed written and oral information provided by the Government representative and of the wide-ranging debate which took place in the Committee.

The Committee observed that, despite various initiatives and many measures adopted by the Government, in certain regions and for certain economic sectors there continued to exist situations which constituted serious violations of the Convention: total dependence, debt slavery, degrading working conditions, cruelty and assassinations. In these circumstances, the Committee stated its profound concern and expressed the firm hope that the Government would pursue the efforts it was undertaking and would take all necessary additional measures to ensure full observance, in law and in practice, of the pertinent provisions of the Convention, at the federal as well as at the regional level. Moreover, the Committee strongly hoped that truly dissuasive penal sanctions would be imposed on all those who, in one way or another, had recourse to forced labour or who were responsible for forced labour in any manner, that the legal or judicial procedures would be henceforth quickly concluded, that labour inspection would be duly strengthened, and that generally more effective coordination would be ensured of the means engaged in the fight against forced labour in all its forms.

The Committee, being aware of the scope and the complexity of the situation, would like to encourage the Government to continue with its efforts, if necessary, with the assistance of the Office.

Finally, the Committee hoped to be able to observe substantial progress, in law and in practice, in the near future.

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative, the Secretary of Labour Relations of the Federal Government, stated that the problems relating to Conventions Nos. 29 and 105 constituted priorities for the Government. He also stated that the ILO's International Programme for the Elimination of Child Labour (IPEC) was very important for his country in that it permitted it to deal with the problem of child labour which constituted a basic concern of the Government. After recalling the context in which the current Government was formed, he stated that the new Minister of Labour, who had a long experience in the trade union movement, would deal seriously with the questions regarding these Conventions. As was clear from the documents submitted to this Committee, in all the cases in which forced labour was alleged, including those transmitted to it through the ILO, had been investigated and had resulted in a number of police inquiries and inquiries by the Attorney-General for Labour Matters, including the imprisonment of some employers. With regard to the complaint made by the National Confederation of Agricultural Workers (CONTAG) relating to the Medasa distillery, the Government representative had given a number of indications of the measures taken by the authorities and had stated that the military police of the State of Bahia had not uncovered the existence of forced labour and that the labour inspectorate had only revealed the non-implementation of the laws regarding safety and health at work, lack of hygiene at the workplace or the absence of a register of workers. The activities of the labour inspection service had, however, contributed to the improvement of conditions of work. It was important to stress that in the 44 cases of complaints of forced labour lodged against enterprises, labour inspectors had not been able to detect such forced labour on arrival at the sites. This did not, however, mean that such practices did not exist in the country because complaints might possibly result in a change in the conditions of work that the labour inspectors noted in due course. Twenty-seven additional vehicles had been bought in order to strengthen the effectiveness of the labour inspection service and an additional ten helicopters had also been purchased to strengthen supervision activities. The enormous size of the country (8,500,000 km2) and the dispersal of the population throughout the northern and north-eastern regions (6 per cent of the population in 65 per cent of the national territory) should not be forgotten. As was also clear from the documentation presented to this Committee, determined action was undertaken with regard to the labour inspection service in cooperation with the Public Ministry of Labour and the support of the federal police and that of the police of the state Governments, in order to intensify the monitoring of the implementation of the law. In states like Espérito Santo, measures taken by the Ministry of Labour to implement the law had resulted in reactions followed by threats of violence made by rural employers. Coercive action by the State was not sufficient to apply the law and put a stop to such allegations. For an effective solution, the society as a whole and workers and employers in particular should be involved in this action. The first meeting of the National Committee on Labour had recently taken place following discussions between the major social partners. Workers, employers and other groups were represented in this committee. One of the subcommittees would have the specific task of the elimination of forced labour in Brazil and the elaboration of approaches to this question. The former programme for the elimination of forced labour had been changed to a project of the subcommittee of the National Committee on Labour in which, in addition to the Government, the society as a whole (trade unions, employers' organizations, National Foundation of Bishops, CONTAG, etc.) participated. Trade unions could present allegations of cases of forced labour and of inhuman conditions of work. Employers' associations would also have specific functions with regard to the very few employers who imposed this type of work and working conditions. The new policy of the Ministry of Labour was currently being applied in different provinces, where very interesting experiments were being observed such as the one developed by the Chamber of Inspection and Promotion of Rural Labour of Minas Gerais. In addition to the increase and upgrading of technical equipment, a process of modernization of the labour inspection service had begun, and a training programme for inspectors had been set up which, in a period of one-and-a-half years, would train 3,200 inspectors. An ILO official recently undertook a mission to Brazil to develop and improve the rural labour inspection service and the terms of a technical cooperation agreement in this area were discussed. The deepest causes that led workers to expose themselves to such inhuman conditions of work were to be found in the poverty affecting more than 30 million people in the country where most lived in rural areas. The objectives of the Government were the reduction of the rate of inflation which was more than 100 per cent a year, and the fight against poverty. The Government, therefore, had to stimulate economic growth and the creation of employment. The Minister of Labour would have discussions with the Director-General of the ILO in July 1993 regarding possible technical assistance by the Office. As a result of the ongoing process and with international technical cooperation, Brazil could succeed in eliminating forced labour.

The Workers' members noted that for a number of years the report of the Committee of Experts had contained comments concerning the implementation of Conventions Nos. 29 and 105, and that this Committee had widely discussed this case in 1992. The Workers' members and the Employers' members had at the time drawn the attention of the Government to the seriousness of the problems and had expressed their dissatisfaction at the Government's replies and had further insisted that this case be examined this year. In 1992 the Government representative had denied the existence of forced labour despite a great deal of information to the contrary. This Committee had then noted the absence of political will on the part of the Government to eradicate this problem, in particular in view of the recent ILO reports indicating high incidences of forced labour among the young (about 7 million children). This year the Committee of Experts had noted the detailed information provided by the Government. The Workers' members considered this to be a constructive development compared to the attitude of the Government last year. The Committee of Experts had also noted the measures already taken by the Government (penal prosecutions, labour inspection and the PERFOR programme to eliminate forced labour and hiring on the basis of false promises). These measures confirmed what the Government representative had stated this year. The Workers' members, however, considered that this information could be supplemented as the Government had expressed its intention to follow up all the cases of forced labour reported to it. They underlined the importance of making serious efforts in the field and drew the attention of this Committee to the information supplied by the Association of Labour Inspectors of Brazil (AGITRA) according to which forced labour had greatly increased while the number of labour inspections conducted had fallen. According to this same information, the successive changes made in the Ministry of Labour had resulted in the discontinuance of programmes, including the rural labour inspection programme. The Workers' members considered this information to be disturbing as the complaints made proved that, in practice, forced labour and child labour were widely practised. Although some progress could be noted even though it was insufficient, forced labour still required the implementation of an overall policy that involved the participation of the entire population, of all the political authorities concerned, and the social partners. In this respect, the Workers' members were of the view that structural measures were needed in particular with regard to a more systematic monitoring of labour legislation, the imposition of sanctions and a wider coverage of minimum wages and the implementation of a more equitable fiscal policy which would permit the funding of an information and education policy. They hoped that the Committee, in its conclusions, would emphasize the importance of more detailed information on the real impact of the PERFOR programme as well as on the measures referred to by the Committee of Experts. The Committee should also stress the coordinating and effective measures that needed to be taken and the importance of concrete programmes not only in the educational field but also with regard to minimum wages. These two areas constituted fundamental ways of fighting poverty. Such widening of the approach to fighting forced labour was, in the view of the Workers' members, indispensable. They expressed the hope that they would be able to note the real progress made in this case next year, particularly following the positive change of attitude of the Government this year and in view of the fact that 1994 would be the year for reporting on Convention No. 29.

The Employers' members shared the assessment of the situation made by the Workers' members. They particularly welcomed the detailed statement made by the Government representative which, contrary to last year, acknowledged the existence of such problems. This undoubtedly showed the commitment of the Government to this question. The Employers' members wanted to refer specifically to the problem of debt bondage. The persons concerned were often obliged to travel far to obtain work, were paid salaries that did not enable them to reimburse their debts and had insufficient funds to return home. In this respect, the Government had acknowledged the existence of a serious problem and indicated that there were prosecutions under the Penal Code in this respect. While welcoming the measures taken by the Government, the Employers' members considered this to be the tip of the iceberg and that much remained to be done. They also considered that the Government should communicate to the Committee of Experts more detailed information concerning the PERFOR programme, its successes, reasons for any failures and other problems faced. Given the fact that the Experts had noted the discontinuance of some programmes, they urged the Government to correct the situation in a more systematic way. In this respect, it was encouraging to note that the Government had established a tripartite committee to fight forced labour. Even though such tripartite meetings constituted a positive approach, it was vital that the decisions taken by them be implemented rapidly. With regard to child labour, it was true Brazil had adopted a set of laws prohibiting such practice. The problem remained the implementation of this legislation and the Government had acknowledged the need for effective labour inspection in this vital area. They acknowledged the measures taken by the Government to improve the effectiveness of labour inspection and hoped that the Government would continue to improve further its effectiveness and take all other necessary measures in the very near future to implement these two Conventions.

The Workers' member of Brazil stated that her country was faced with many serious problems, aggravated by the current economic crisis. This situation resulted in forced labour and child labour, further complicated by the lack of schools and the absence of attention paid to children. In the last few months efforts had been made by the Government in this regard with the participation of the trade union movement and the technical assistance of national and international organizations including the ILO. Inspection visits and control measures taken had enabled positive changes to be seen. The State played an important role in controlling and implementing labour standards and it should increase its human resources and equipment so as to control effectively such practices. Finally, she indicated that employers should make efforts including through campaigns to inform themselves so as not to indulge in forced labour.

The Government member of the United States joined previous speakers in welcoming the much more cooperative and constructive attitude of the Government, as well as the efforts it was making to eradicate this very long-standing and prevalent problem of forced labour in the country. Based on her reading of the Committee of Experts' report what was needed was a more rigorous inspection throughout the country, effective and strictly applied sanctions and improved working conditions. She pointed out the further need for a widespread programme of education, to be carried out with the assistance of workers' and employers' organizations in order to raise social consciousness about and give wider publicity to the victims and the offenders in this respect which, in her view, was necessary for a comprehensive attack on both forced labour and child labour. She stated that there were many cases where landowners were not even aware that forced labour was taking place on their property. She acknowledged the Government's statement which stressed the need for a change of mentality and behaviour by all elements of society and she hoped to see positive results in the next report of the Committee of Experts.

The Workers' member of New Zealand agreed with the statement made by the Workers' members regarding this very serious case. He shared their concern about the disparity between the law and the assurances given by the Government representative, on the one hand, and the other information, in particular the detailed report of the labour inspectors and of the Workers' members of Brazil, on the other. He acknowledged the Government's statement of good intentions and its recognition of the need for not only a more effective enforcement programme but also for an educational promotion programme as suggested by the Workers' members and the Government member of the United States. He felt that employers had to accept greater responsibility for ensuring that there was a widespread understanding that these practices constituted infringements of international standards and were unacceptable. He further drew the Committee's attention to paragraph 111 of the Committee of Experts' report regarding the need to maintain effective sanctions and, in particular, monetary penalties in countries having high rates of inflation.

The Workers' member of Colombia considered the situation to be dramatic and that close to the dawn of the twenty-first century, millions of workers, including children, still worked in conditions of slavery. This situation which was spreading throughout Latin America and other developing countries existed in Brazil and was recognized by the Government representative who had stressed the goodwill of the new Government. In his view it was indispensable to spell out the measures that Brazil would take to fight forced labour effectively. However, it was necessary to begin the process of social transformation through the distribution of national wealth in order to make effective progress in this domain. Finally, he referred to the complaint made to the Governing Body by the Latin American Central of Workers (CLAT), including the relevant evidence provided regarding work under conditions of slavery in Brazil, but stated that no information had been received regarding the follow-up of this complaint.

The Government member of Germany also noted the cooperative attitude of the Brazilian Government in contrast to that of last year. This Committee was justified in thinking that the current Government had the intention of correcting the situation. He acknowledged the fact that the Government was facing considerable difficulties in its task, and welcomed the consensus among all groups on this question on which the Government seemed to base its action. He emphasized the fact that Brazil was one of the six target countries in the first phase of the implementation of the ILO-IPEC Programme and that cooperation with the Government was satisfactory.

The Workers' member of Italy stated that when he first learnt of this case last year he had been shocked by the gravity of the problem, which affected millions of children subjected to forced labour. He emphasized that one could not accept the fact that a country of Brazil's international importance should face a problem of this nature. In light of the information provided to this Committee, the Government now should adopt a cooperative attitude in order to attain concrete results through increases in resources, initiatives and the number of inspectors and thus eliminate as soon as possible this serious problem.

The Workers' member of Argentina supported the statements made by the Workers' members and indicated that within the framework of MERCOSUR a committee on labour matters had decided that the four countries involved in the integration process should ratify a number of ILO Conventions including Conventions Nos. 29 and 105 and that integration should be attained by 31 December 1994. This integration could be effective before such date if Brazil did not eliminate forced labour. The Coordinator of the Union of the four MERCOSUR countries would do her best to eliminate this plague. He wondered whether, with the support of the central trade unions and with the efforts of the Government, Brazil could perhaps bring a different message next year.

The Employers' member of Brazil stated that her organization, the National Confederation of Industry, had offered to participate in the PERFOR programme as this programme did not provide for the participation of employers' organizations.

The Workers' member of the Netherlands considered that this Committee should welcome the positive changes in the attitude of the Government without unduly exaggerating such changes. It was now necessary to note results before expressing any further satisfaction. The conclusions of this Committee should, while welcoming the attitude of the Government, state the need to wait for the examination of the Government's report by the Committee of Experts before coming to any conclusions on this case. He also agreed with previous speakers who had emphasized the need for the Government to include organizations of workers and employers in the search for solutions to the problems and hoped that this point would be included in the conclusions of this Committee.

The Government representative thanked the speakers who had taken part in the discussions. In reply to the Workers' members, he stated that workers' and employers' organizations, among other interested parties, were involved in the transformation of the PERFOR programme. The elimination of the practices and conditions of work described above was not possible unless the social partners altered their attitudes. He submitted to this Committee a great deal of documentation regarding the practical effects of the new attitude and policy of the Ministry of Labour and of the Government, including the vigorous work done by the labour inspectorate. A national committee on labour had been established with a view to solving on a global level the problems of forced labour and this committee would hold its first national meeting on labour matters soon. He also referred to training programmes involving 3,000 labour inspectors. His Government intended to involve society at large, including workers' and employers' organizations, in resolving these problems and in the supervision of the implementation of legal standards. It was necessary to implement profound structural transformations, and, to this end, specific programmes for development and growth of the standard of living of rural areas was in the process of being prepared in consultation with workers' and employers' organizations. The Government's next report would contain information on the results of the important and effective measures taken.

The Government representative requested that the conclusions of the Committee should not include any reference to the allegations made by AGITRA and the workers' organizations, in view of the fact that the Government had taken measures in this respect and had implemented the law.

The Chairman of the Committee pointed out that such references were made during the discussions that had taken place, thus justifying their inclusion in the conclusions.

The Committee welcomed the information provided by the Government representative, in particular its ongoing activities in this area undertaken with the assistance of the ILO's IPEC programme. It also took note with interest of the PERFOR programme in which representatives of workers' and employers' apparently participate along with other groups. The Committee further noted that the labour inspectorate had not uncovered any cases of forced labour but that the Government intended, with the assistance of the ILO, to strengthen this service. The Committee was pleased to note the cooperative attitude now shown by the Government. The Committee noted with concern, however, that the allegations examined by the Committee of Experts were submitted by AGITRA, labour inspectors and by Latin American and international workers' organizations. These allegations concerned forced labour of thousands of workers under inhuman conditions, involving violence which could result in death, hiring on the basis of false promises, debt bondage and child labour. These constituted very serious violations of basic provisions of this Convention. The Committee considered that comprehensive measures, including education and a campaign against poverty that permitted an increase in public awareness of the situation, were required. The Committee hoped that the Government would intensify its efforts to ensure continuity of the programmes established in order to eradicate forced labour throughout the national territory. It also hoped the Government would strengthen the system of labour inspection, in particular rural labour inspection, by providing sufficient equipment and human resources, by involving the entire society and by effectively using all law enforcement powers of the State to fight this plague through the strict application of the sanctions provided for by the national Constitution and the Labour Code. The Committee trusted that the Government would communicate detailed information regarding the real results of this new policy so as to allow it to record significant progress made in resolving these very serious problems.

The Government representative requested that the conclusions of the Committee should not include any reference to the allegations made by AGITRA and the workers' organizations, in view of the fact that the Government had taken measures in this respect and had implemented the law.

The Chairman of the Committee pointed out that such references were made during the discussions that had taken place, thus justifying their inclusion in the conclusions.

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative recognised the existence of problems in the application of the Convention and was the first to be interested in overcoming them. He also requested the Committee to indicate the various forms of cooperation not only with the ILO but also with other States which were able to provide it. The speaker welcomed the Committee of Experts' recognition in its report of the efforts made by the Government, federal inspection bodies and the federal police, with the support of workers' and employers' organisations, to eradicate forced labour, and that it also noted measures taken in this respect. However, the Committee is wrong in saying that the Government has not supplied information on the allegations presented by the Association of Labour Inspectors (AGITRA) and the International Federation of Plantation, Agricultural and Allied Workers (IFPAAW); the information in question was supplied to the ILO in October 1991 and April 1992. While in general terms the description by the Committee of Experts of the phenomena of forced labour in Brazil is correct, the two organisations which denounced the situation have also mentioned the difficulty in defining the exact dimensions of the problem. One should therefore rely on factual information and should not let oneself be carried away by emotions in order to avoid sterile and hypothetical discussions. The central problem lies in the existence of conditions of work which are repugnant to national conscience. The allegations concerning forced labour are coming from different trade unions, non-governmental or political organisations, and are often repeated by the national and international media; in fact, these allegations rarely result in formal accusations before the police and labour authorities. The majority of cases entailing allegations of forced labour concern regions which are difficult to reach. In 1991 and 1992, 31 complaints on forced labour were presented to the labour inspection and subjected to investigation: in nine of these cases, neither allegations of forced labour nor allegations about other infringements of the labour legislation were substantiated; in one case, the inspectors noted that the allegations were motivated by personal political rivalry between a trade unionist and the owner of the exploitation; in another case, presented by a member of the Parliament, the investigation showed that the workers who were alleged to be victims of forced labour had been recruited through the intermediary of the Trade Union of Agricultural Workers of Bahia, and that the rights of these workers were respected and all of them were able to return home at the end of the contract. In 15 other cases, the inspectors did not find any evidence of forced labour but concluded that there was a breach of labour law, most often due to the failure to register workers and the practice of deductions on wages for food and lodging which made the worker permanently "indebted"; in all the cases which were investigated, the situation has been remedied. As concerns the remaining seven cases, the allegations unfortunately were confirmed: in the State of Para 400 workers whom the landowners prevented from leaving were liberated; in two other cases in the State of Rio Grande do Sul the responsible persons were prosecuted. In the majority of cases the allegations were not confirmed and there was only proof of other violations of the labour legislation. In order to eliminate all the violations of the Convention, the Minister of Labour has drawn up a programme designed to eliminate forced labour and to improve the action of different governmental services and the labour inspection; this programme was submitted to the authorities and the departments concerned. The Labour Ministry has also decided to implement immediately a plan of urgent action concerning the regions with the largest number of allegations and complaints of forced labour. The Government has also requested the cooperation of the ILO in the field of labour inspection to eliminate all possible forms of forced labour. These few examples show that the Government is making all efforts to suppress forced labour. However, because of the magnitude of the social problems afflicting the developing countries, the interventions of the police and the labour inspection are not sufficient by themselves to remedy this situation of structural imbalance, and greater international cooperation is needed than that existing today. The complaints are useful, but constructive suggestions are even more so, as the workers' cause should not be used by the illintentioned parties to serve their own interests. The Government, for its part, wishes the eradication of all forms of violation of human rights and particularly of rights of the Brazilian workers.

The Workers' members expressed their profound dissatisfaction with the reply given by the Government representative which raised doubts as to whether the Government is really truly aware of the significance of what is taking place in the country. The issues in question concerned slave labour. While the law in Brazil in these matters appears to be adequate according to the Committee of Experts, the real question is its implementation. The statements made by the Government representative at the outset seemed to indicate that these problems do exist and that efforts were made to solve them, but later he went on to say that in fact the cases which had been investigated emerged as being presented for political reasons, were isolated, and that there was no problem at all; in fact, out of all these cases, they actually found only seven, which were subjected to court action. The information contained in the report of the Committee of Experts however presents an entirely different picture. The allegations made come not from one particular body or one group of trade unionists who have a political aim, they come from a wide variety of organisations, including not only trade unions, but also intergovernmental bodies, investigative journalists and churches, and the cries of all these various bodies have been heard throughout the world. Statistics show that between 1980 and 1991 the Association of Labour Inspectors (AGITRA), which should know something about the problem and presumably have no axe to grind, reported 3,144 cases of persons subjected to forced labour on 32 estates in the south of Para; there are lists of 56 estates on which complaints of forced labour have been made; nationwide, 8,886 cases have been counted; in 1991, 53 persons were murdered or disappeared; and the Government still considers that there is no problem. As to the comment concerning the need to recognise the difficulties of governments who have to rule vast areas of countryside, the AGITRA points out that these cases are not confined to remote areas but a number of them have been complained of at places near to the most developed parts of the country including areas within 100 km of main towns. Those are areas which the police force could reach within a matter of hours at the most. The Committee of Experts' report mentions horrifying facts of child labour, observed also by a group of parliamentarians, where children of barely 10 years of age, as well as men and women, are working 12 hours a day in total dependence upon the employer, which is, of course, a nice way of saying "slave labour". The Committee of Experts points out that strong articles exist in the federal Constitution - real estate may be taken away from the owners, penalties of imprisonment - but according to the Government representative, only seven persons were tried in the State of Para, three in Mato Grosso and eight in Espiritu Santo. He wished to know the number of prosecutions taking place as they give some idea of the measures taken by the Government. It seemed, however, that the Government is not using all its will, despite the social and economic problems it has in the country, as there are in fact so few prosecutions. The Workers' members hoped that the Government representative would admit the problem and indicate the initiatives taken because this was a question of the political will to do something about what is a disgrace to his country. The implementation of a Convention is a question of will and the Workers' objective in this Committee is to try to impress by dialogue, sometimes expressing themselves quite strongly, upon governments the need to implement Conventions, particularly those on human rights. The Workers therefore hoped that the Government representative will take away from this Committee the deep and abiding concern that very little seems to have been done on this Convention and that in the light of the Committee of Experts' report no progress whatsoever can be recorded on this, one of the most important, Convention.

The Employers' members stressed that comments have been made by the Experts since 1985 and regretted that this was the first time that this case was actually discussed. This case was sufficiently serious for the Committee to review next year. They associated themselves with the opinion of the Workers' members that after openly acknowledging the problem, the Government representative tried to minimise it by discussing only 31 cases. The information provided by the Experts showed that the dimensions of this problem are huge and can hardly be limited to 31 cases. There are essentially two problems. One concerns the problem of debt bondage where individuals are induced to travel thousands of miles away from home, finding themselves afterwards in a cycle where they cannot work themselves out of the debt that they have incurred for their transportation, food and lodging. It is worth noting that Brazil ratified in 1957 the Protection of Wages Convention (No. 45). Article 6 of that Convention prohibits employers from limiting in any manner the freedom of the worker to dispose of his wages. Article 8 relates to conditions and limits of the deduction from wages to be prescribed by national laws and regulations; and Article 9 relates to prohibitions of deductions from wages with a view to obtaining or retaining employment. This is exactly the situation that is observed, and it is the one of merging of two sets of legal requirements, one under a fundamental human rights Convention, and another under one that deals with traditional terms and conditions of employment. The second problem relates in a large part to Convention No. 5 and concerns child labour; children work without wages in the hope of increasing the output of their parents and to help the family repay the debt that they have incurred through their employment. As the Workers' members have noted, it appears that the Government has all the necessary laws in place, but that there is a problem of implementation in practice. The Government has ratified Convention No. 81 and part of the solution to this problem is having an adequate inspection service. While recognising the practical difficulty in policing in a large country, it should be noted that the Experts pointed to situations in accessible municipal areas which have not been addressed. This is a regrettable situation of very large dimensions. The Employers' members noted steps that the Government has taken in terms of training, improving inspections in the regions, and cooperation with the ILO, and proceeded to encourage the Government to extend and expand these efforts to cure the problem in the near future.

A Workers' member of Senegal declared in connection with the comments made by the Government representative on the involvement of trade unions of agricultural workers in the recruitment of certain workers, that it is indeed the Brazilian Government which is called here to give explanations. The problem is not one of trade unions which violated the Brazilian laws but that of the workers being exploited and treated as slaves, and of the fact that those responsible for this situation were not at all menaced. If it appeared that trade unions were violating Brazilian laws, the Government should take measures to ensure that they are respected.

The Government representative, replying to the comments of the Workers' members, declared that the discussion did not concern slavery or debt bondage, but infringements of the labour legislation. The Government is fully conscious of the gravity of the problem and has decided to deal with it with all seriousness; all the cases which are brought to the attention of the authorities result in immediate and concrete actions. In 1991 the federal police had conducted about 50 investigations which did not lead to court proceedings, but in another 49 investigations the cases were submitted to the tribunals; however it was not the labour legislation which was concerned but the criminal law. The Employers' members rightfully stated that Brazil possesses a potentially effective judicial arsenal to deal with the problem, and the Government is using it wilfully and with great vigour. Concerning the protection of wages, the cases mentioned represent infringements of the labour laws and necessary measures have been taken by the Government. Referring to the comments of the Workers' member of Senegal, the Government representative indicated that firstly, he never had the intention of accusing a trade union, and secondly, that the workers form part of the labour committees. Brazil has a highly developed and active network of trade union organisations which keep a very close watch on the observance of the rights of their members. It also has a very committed labour inspection system as well as an efficient and well-developed tripartite system in the labour field. Brazil does not tolerate forced labour and, once complained of, every violation of labour rights is subject to prosecutions and immediate corrective measures.

The Workers' members expressed their total dissatisfaction with the reply given by the Government representative. Recalling that they were speaking about slave labour under the Convention dealing with forced labour, they consider that forced labour is in fact slave labour in situations when, as described in the Committee of Experts' report, children barely 10 years old were obliged to work 12 hours a day in a relationship of total dependence upon an employer, and thousands of workers could not terminate their employment without the risk of being ill-treated, tortured or even killed.

Concerning the regret expressed by the Government representative that the report did not mention the information communicated to the Committee of Experts by the Government, the Chairman informed the Committee that said information reached the ILO after the Committee of Experts had met and drawn up its report.

The Committee took due note of the information given by the Government representative. It recognised the difficulties the Government was meeting with a view to implementing the existing legislation in certain remote parts of this very large country. It took note of the endeavours the Government made in this respect. But, taking into consideration the seriousness of the matter under discussion, it felt that the endeavours of the Government have to be reinforced in order to end the existence of the appalling labour conditions. It hoped to be able to conclude that the Government made great progress in this respect at its next session.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the Government had not replied to the observations presented in October 2006 by the International Confederation of Free Trade Unions (ICFTU) – now the International Trade Union Confederation (ITUC). These observations referred to trafficking in persons, particularly women, for purposes of prostitution, sex tourism and pornography, primarily to Europe as the destination. The ICFTU described the mechanism by which these women, once at the destination, find themselves caught up in a spiral of debt and are constrained to pay it off by prostituting themselves. The trade union confederation also referred to the situation of undocumented Bolivian workers who were victims of forced labour in São Paulo. Recruited in Bolivia by intermediaries, these migrant workers arrive in Brazil having already contracted debt and see their identity documents confiscated by the traffickers, who threaten to report them to the police. The ICFTU also commented on the inadequacy of national legislation, which only addresses trafficking in persons for purposes of sexual exploitation.

In spite of the lack of information from the Government on this issue, the Committee noted from information available on the Internet sites of the Ministry of Labour and Employment and the Ministry of Justice that the Government had taken certain measures to combat trafficking in persons and requested it to provide further information in this regard.

The Committee notes with regret that in its latest report the Government has not provided any information on the measures taken to combat trafficking in persons. It considers this all the more regrettable, given that the Single Confederation of Workers (CUT), in its observations which were transmitted to the Government in September 2008, underlined the urgent need to elaborate and implement public policies to combat trafficking in persons and forced labour in urban areas.

In these circumstances, the Committee requests the Government to refer to its previous direct request and asks once again the Government to provide detailed information on activities undertaken in the framework of the national policy on combating trafficking in persons and the national plan to combat trafficking in persons (PNETP). Recalling that sections 231 and 231-A of the Penal Code only criminalize trafficking in persons for purposes of sexual exploitation, the Committee asks the Government to indicate the provisions used to punish trafficking in persons for purposes of exploitation of their labour. In this regard, please also provide information on the judicial procedures filed against persons who engage in trafficking in persons, as well as on measures taken to encourage victims to report to the relevant authorities and to ensure the protection of the latter. Finally, the Committee hopes that the Government will indicate the measures taken or envisaged to sensitize the population about trafficking in persons, particularly those persons most vulnerable to this type of exploitation.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report, the comments made by the Single Confederation of Workers (CUT) and the Government’s reply to these comments, which were received in October 2008, September 2008 and March 2009, respectively.

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Slave labour. In its previous comments, the Committee noted that, despite the series of measures adopted by the Government to combat “slave labour”, many workers continue to be victims of inhumane and degrading conditions of work, debt bondage or internal trafficking for the exploitation of their labour. The Committee emphasized in particular: the adaptation of the legislation to national circumstances with section 149 of the Penal Code, which defines the elements that constitute the crime of “reducing a person to a condition akin to that of slavery”; the activities undertaken by specialized institutions to combat this phenomenon; the action of the labour inspectorate, and particularly the Special Mobile Inspection Group, which has each year removed an increasing number of workers from these situations of exploitation; and the action by the labour courts, which have convicted persons engaging in such exploitation to substantial fines and compensation. Noting that all of these actions have failed to be sufficiently dissuasive to prevent certain employers from having recourse to this practice, which remains lucrative, the Committee requested the Government to continue taking action without respite against persons who exact forced labour by adopting measures in the fields of legislation, labour inspection and the judicial authorities.

(a). Strengthening of the legal framework. In its previous comments, the Committee noted that several Bills had been tabled with the objective of undermining the economic and financial interests of those exploiting slave labour and it requested the Government to take all possible measures to accelerate their adoption. The Committee notes that, according to the Government’s report and the comments made by the CUT, these legislative initiatives have still not been completed and that, despite the mobilization of the Government and civil society, certain members of Parliament continue to block the adoption of these texts. The Committee recalls its view that, if they are adopted, these bills would constitute significant additional tools in combating slave labour. In particular, the Bill to provide a legal basis for the prohibition of persons recognized to have used slave labour from obtaining fiscal benefits and credits or from participating in public contracts, and the Bill to increase the penalties applicable to the crime of reducing a person to a condition akin to slavery. The draft amendment to article 243 of the Constitution (PEC No. 438/2001) is also a significant initiative intended to authorize the expropriation, without compensation, of establishments in which the use of slave labour has been identified. The amendment also provides that the expropriated lands will be consigned to the agrarian reform and reserved as a priority for the persons who fell victim to slave labour at those locations.

Status and use of the list of persons who use or have used slave labour. Since 2003, the names of individuals or entities convicted by a final decision of a court of law for having used labour under conditions akin to slavery appear on a list drawn up by the Ministry of Labour and Employment. The list, which is updated every six months, is sent to various public administration bodies and to banks administering constitutional and regional financing funds so that no financial assistance, grants or public credits are granted to those included on the list. For two years following the inclusion of a name on the list, the labour inspectorate verifies the conditions of work in the establishments concerned. If there is no recividism and if the fines and the debts to the workers have been acquitted, the name may be removed from the list (Decree No. 540 of the Ministry of Labour and Employment of 15 October 2004). The Committee notes that in the latest revision of the list, in July 2009, 34 names were removed from the list, while a further 13 were added, bringing the total number of individuals or entities on the list to 175 (compared to 192 in 2007).

In its previous comments, the Committee noted with concern that the lawfulness and constitutional nature of the list had been contested, and that the courts had upheld appeals by certain employers demanding the removal of their names from the list while awaiting a final decision. The Government indicated that, with a view to bringing an end to this controversy, a Bill establishing the list of employers which have maintained workers in conditions akin to slavery had been tabled with a view to giving legal force to the list, which has up to now been drawn up by means of a Ministerial Order (PLS No. 25/05). The Committee notes that the Government has not provided information on the progress made in relation to this Bill, although it indicates that the dominant case law in regional labour courts recognizes the lawful nature of the list.

The Committee further notes, according to the information provided by the Government, that the list serves as a basis for the examination of the ownership and registration of the assets of persons who are on the list. Where an instance of unlawful occupation is noted, the assets can be immobilized with a view to agrarian reform projects. The Committee has already observed that inclusion on the list is used as a basis for considering that an establishment is not fulfilling its social purpose. In this respect, in 2004, the President of the Republic ordered the expropriation of an establishment declared of social interest for agrarian reform purposes. The Committee notes the Government’s indication that an appeal was lodged against this expropriation with the Federal Supreme Court, which has still not ruled on the appeal.

The Committee considers that the establishment of the list of persons who use or have used slave labour and the resulting measures constitute effective tools in combating slave labour. In this respect, it expresses concern at the attacks on the measures adopted by the executive authorities, both in terms of the establishment of the list itself and the penalties imposed on the basis of the list against persons whose names are on the list.

The Committee firmly hopes that the Government will take every measure to expedite the adoption of the Bills referred to above and, in particular, those intended to guarantee greater legal security, with a view to preventing the questioning of the legality of the list by offenders who want to see their names removed and so that expropriation of lands is not contested. The Committee once again emphasizes in this respect the importance of adopting the proposed amendment to the Constitution (PEC No. 438/2001) intended to authorize the expropriation, without compensation, of establishments in which the use of slave labour has been identified. In the meantime, the Committee requests the Government to indicate whether the President of the Republic has ordered further expropriation measures and whether the Federal Supreme Court has ruled on the expropriation ordered in 2004 by the President of the Republic.

(b). Strengthening of the labour inspectorate. In its previous comments, the Committee emphasized the central role of labour inspection, and particularly of the Special Mobile Inspection Group (GEFM), in combating slave labour. Observing that the GEFM is a vital link in the action to combat slave labour, the Committee expressed concern at the pressure that it has to face and asked the Government to continue to take measures to allow the GEFM to carry out its activities in a serene climate free from threats or political pressure, and to strengthen its capacity for intervention and reaction.

In its comments, the CUT recognizes the praiseworthy work carried out by the GEFM. However, the CUT notes that the labour inspectorate lacks human and material resources, and emphasizes in particular the difference between the number of complaints lodged with the Secretariat of the Labour Inspectorate (SIT) and the number of interventions carried out in practice by the inspectorate, as well as the climate of violence confronting the inspection services. In its reply, the Government indicates that it cannot be completely in disagreement with this assessment. However, measures are being taken to strengthen the labour inspection services, including training and capacity building for the staff and the improvement of the infrastructure and logistical support. The Government adds that in 2008 the GEFM was composed of nine teams, compared with four up to 2003. The primary purpose of the GEFM’s interventions is to remove enslaved workers from their working environment and the figures show that the action carried out by the GEFM has continued to be intensified with an ever greater number of establishments inspected and workers released (158 operations carried out in 2008, with 301 establishments inspected and 5,016 workers released). With regard to the reinforcement of the labour inspection services, the Government indicates that public competitions are regularly organized to recruit new labour inspectors and controllers; 192 candidates were appointed in November 2007, and the administration has called for the organization of a new public competition. From a logistical viewpoint, additional vehicles have been acquired, as well as computer and technological equipment (GPS, etc.). With regard to the difference between the number of denunciations made to the SIT and the number of interventions by the inspection services, the Government explains that the denunciations pass through a process of “filtering” to ensure the optimal use of resources and the effectiveness of inspections. Denunciations are examined on the basis of certain criteria; how recent the events are, their location, and the serious nature and precision of the allegations. The GEFM’s interventions, involving the mobilization of a high number of officials from various institutions and significant material resources, have a high financial cost and it is therefore indispensible to “filter” denunciations to ensure the success of the inspections that are carried out. Finally, the Government indicates that, despite the threats and pressure exerted by certain sectors, particularly the sugar industry, the number of inspections has remained high. It also recalls that the federal police and officials of the Office of the Attorney-General accompany labour inspectors on each intervention.

The Committee notes all the measures adopted by the Government to strengthen the labour inspection services. It encourages the Government to continue to pursue its efforts and to take every measure to ensure that the GEFM has at its disposal adequate human and material resources to move rapidly, effectively and safely throughout the national territory. The inspections carried out by the GEFM result not only in the release of workers from situations of forced labour, but also provide the judicial system with documents which serve as a basis for civil and criminal prosecutions against those responsible for these practices and are essential for the proper imposition of sanctions on perpetrators.

(c). Imposition of effective penalties. The Committee recalls that the effective imposition of penalties for violations of labour legislation is an essential element in combating slave labour, as slave labour is characterized by the accumulation of a number of violations of labour legislation which must be punished as such. Moreover, taken as a whole, these violations constitute the criminal offence of “reduction of a person to a condition akin to slavery”, which in itself gives rise to specific penalties. The Committee notes that the CUT emphasized in its comments that, to bring an end to the practice of slave labour, it is essential to recognize the inadequacy of the procedures for imposing penalties and the need to increase civil and penal sanctions.

Administrative sanctions. In its previous comments, the Committee requested the Government to continue to ensure that the administrative penalties imposed are dissuasive and effectively applied. In its report, the Government recalls that each violation of the labour legislation identified by the GEFM during inspections gives rise to the imposition of fines. Furthermore, the Office of the Attorney-General for Labour, in the context of the civil action initiated, in addition to fines, calls for the payment of compensation for material damages for the prejudice suffered by the worker and for collective moral damages. The Government considers that the fines and compensation damages that are sought, combined with the establishment of the list of persons who have used slave labour, constitute effective and dissuasive instruments in the action to combat slave labour, as they make the exploitation of slave labour economically unviable. The Committee notes this information and requests the Government to continue ensuring that the fines and compensation imposed are collected in practice. It encourages the Government to take every measure available to it and to provide support for the measures adopted by the judicial authorities and civil society to continue to exert economic pressure on those who exploit the labour of others, including: the payment of dissuasive fines and compensation, the removal of access to public subsidies and financing, prevention of the sale of the goods produced, and the expropriation of lands.

Penal sanctions.  For many years, the Committee has been concerned with the very low number of convictions by the criminal courts under section 149 of the Penal Code for the reduction of a person to a condition akin to slavery. In its previous comments, the Committee noted that, by deciding that competence for examining and trying the crime of the reduction of a person to a condition akin to slavery lies with the federal courts, the ruling of the Federal Supreme Court (STF) of 30 November 2006 brought an end to the conflicts concerning jurisdiction which had prevented or delayed the trial of those responsible for such crimes. In its report, the Government indicates that the ruling by the STF opens the way to an increase in the number of convictions for this crime. During 2008, the Government refers to two convictions; one involving a sentence of five years of imprisonment by the Federal Court of Maraba and another sentence of 14 years of imprisonment by the Federal Court of Maranhão. The Government adds that, despite the controversy relating to jurisdiction, the Office of the Federal Attorney-General has never stopped bringing charges for these crimes. The Committee notes this information and hopes that the Government will be able to report other criminal convictions in its next report. In view of the number of situations of slave labour identified by the labour inspectorate in recent years and the practice followed by the Office of the Federal Attorney-General of requesting the competent jurisdiction to examine the charges (denunciations) with a view to starting a criminal trial, the Committee trusts that these cases will finally be resolved so that those who have imposed forced labour are convicted and really effective penalties imposed, in accordance with Article 25 of the Convention. The Committee considers that, in order to reduce the incidence of slave labour, it is indispensible, on the one hand, to undermine the economic interests of those who exploit the labour of others and, on the other hand, to impose the sentences of imprisonment envisaged in section 149 of the Labour Code in view of their dissuasive nature and their symbolic value.

(d). Reintegration of victims. In its previous comments, the Committee noted that the workers released following the GEFM’s inspections were entitled to an unemployment benefit in the form of three payments each corresponding to a minimum wage. It notes that the Government refers in its report to a series of measures to facilitate the integration of released workers: (a) the priority inclusion of these workers in the federal programme for the redistribution of income “Bolsa -familia”; if they are not eligible, the workers receive the minimum integration income; in 2007, the beneficiaries included 1,453 released workers; (b) inclusion of the workers in the “literate Brazil” programme; (c) the launching in November 2008 in the context of the national employment system of a pilot project for the placement in employment of rural workers in zones particularly affected by slave labour. This project is intended to replace the role of the middlemen (gatos), who are the first link in the chain of slave labour. In the first place, the workers are informed of their rights and conditions of work and are offered training. Secondly, employers are put into contact with workers with various profiles. The project will also enable the Ministry of Labour and Employment to understand the specific characteristics of employment placement for rural workers. The Committee notes these initiatives and requests the Government to continue providing information on the measures adopted for the reintegration of victims and the results achieved. The provision of material and financial support for victims is key in order to prevent them from returning to a situation of vulnerability in which they would once again be exploited for their labour. Please also provide information on the measures adopted to raise the awareness of workers of the risks involved in the regions concerned.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report as well as the comments presented by the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation – ITUC), which were transmitted to the Government on 17 October 2006.

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its comments, the ICFTU refers to trafficking in persons, particularly women, for purposes of prostitution, sex tourism and pornography, primarily to Europe as the destination. In the majority of cases, women are offered well-paid jobs abroad as domestic workers, nannies, dancers, models, or prostitutes. They travel accompanied by the trafficker, who keeps their identity documents and, at the destination, these women are told that they have accumulated a debt for their travel, documentation, accommodation, food, and sometimes alcohol and drugs that they are forced to consume. They find themselves caught up in a spiral of debt and are constrained to pay it off by prostituting themselves. Some of them are locked up or subjected to verbal, physical and sexual violence. Trafficking of persons is an extremely organized activity, involving a multiplicity of actors, routes and supply networks, legal and illegal enterprises and with direct links to international organized crime networks and mafias.

The ICFTU also refers to trafficking of Bolivian workers destined to São Paulo for purposes of forced labour. In an irregular situation and unable to speak the language, Bolivian migrant workers are extremely dependent on their employer and considered all the more easy to exploit. The trade union confederation indicates that factory bosses employ intermediaries to go to Bolivia to recruit workers, and that these recruiters employ various methods, including adverts in newspapers and on the radio. Having arrived at their destination, the migrant workers live in cramped conditions and work in extremely harsh conditions, and many experience situations of forced labour. The traffickers retain their identity documents and threaten to report them to the police. The debt contracted by these workers for their transportation and other costs and other expenses can steadily mount with payments for food, accommodation and the tools they use.

To conclude, the ICFTU considers that section 231 of the Penal Code is inadequate since it only addresses trafficking in persons for purposes of sexual exploitation; that the national policy on combating trafficking in persons also lacks adequate measures for identifying, protecting and supporting the victims; that the institutions involved in combating trafficking in persons need to be strengthened; and that the basic needs of socially marginalized communities must be met in order to reduce the vulnerability to exploitation.

The Committee notes these observations and regrets that the Government has not replied to them. The Committee nevertheless notes from information available on the Internet sites of the Ministry of Labour and Employment and the Ministry of Justice that the Government has taken certain measures to combat trafficking in persons. It notes in particular:

–      the carrying out of a national study on trafficking of women, children and adolescents for the purpose of commercial sexual exploitation (PESTRAF) and the publication of a report on the findings in December 2002. As the first study on this issue, the report identified 241 national and international trafficking routes of children, adolescents, and women, thereby placing into evidence the gravity of the problem in Brazil;

–      the implementation of a pilot project on the prevention and fight against trafficking of human beings in four states by the Ministry of Justice, with support from the United Nations Office on Drugs and Crimes;

–      the adoption of Law No. 11.106 of 28 March 2005 which amended section 231 of the Penal Code making punishable with a penalty of three to eight years’ imprisonment the act of promoting, serving as an intermediary for, or facilitating the entry or exit of a person onto or from national territory for the exercise of prostitution. The law also inserts section 231-A, which criminalizes and punishes with the same penalty internal trafficking defined as the act of promoting, serving as an intermediary, or facilitating, within national territory, the recruitment, transport, transfer, shelter, or collection of a person who plans to engage in prostitution;

–      the integration into the multi-year plan 2004–07 of two activities under the responsibility of the Ministry of Justice, which are aimed at strengthening the capacities of professionals charged with supporting victims and carrying out investigative studies on the trafficking of persons to Brazil;

–      the adoption of a national policy on combating trafficking in persons and the establishment of an inter-ministerial working group having as its function the elaboration of a national plan to combat trafficking in persons (Decree No. 5.948 of 26 October 2006). Prior to its adoption, the draft national policy was submitted for public consultation at the site of the Ministry of Justice, and a seminar was organized at which civil society and national and international actors involved in the fight against trafficking in persons were able to discuss it.

The Committee hopes that in its next report the Government will provide detailed information on activities undertaken in the framework of the national policy on combating trafficking in persons, on the progress achieved and the difficulties encountered, as well as on the progress of the work of the working group with a view to the adoption of a national plan of action. Recalling that sections 231 and 231-A of the Penal Code only criminalize trafficking in persons for purposes of sexual exploitation, the Committee asks the Government to indicate the provisions used to punish trafficking in persons for purposes of exploitation of their labour. In this regard, please also provide information on the judicial procedures filed against persons who engage in trafficking in persons, as well as on measures taken to encourage victims to report them and to ensure the protection of the latter. Finally, the Committee hopes that the Government will indicate the measures taken or envisaged to sensitize the population about trafficking in persons, particularly those persons most vulnerable to this type of exploitation.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the detailed information provided by the Government in its report. It also notes the comments sent by the International Confederation of Free Trade Unions (ICFTU) concerning the trafficking of persons, which are examined in a direct request addressed to the Government.

Articles 1(1) and 2(1) of the Convention. Slave labour

For many years, the Committee’s comments have referred to the situation of workers who are subject to inhuman and degrading conditions of work, debt bondage or internal trafficking for the purposes of labour exploitation. Over recent years, the Committee has noted with interest a certain number of measures taken by the Government, which indicate its commitment to combating this phenomenon, referred to in Brazil as “slave labour”. Such measures have provided the country with a legal arsenal adapted to national circumstances, through the adoption of provisions clearly describing the elements which constitute the crime of “reducing a person to a condition akin to that of slavery” (section 149 of the Penal Code), a national action plan and campaign for the eradication of slave labour, and institutions which specialize in combating this phenomenon, in particular the National Commission for the Eradication of Slave Labour (CONATRAE) and the Mobile Inspection Group. Thanks to inspection visits carried out by this group, a large number of workers have been liberated from the hands of malicious and exploitative employers. These victims have been compensated and heavy fines have been imposed on the persons who exploited them. Nevertheless, despite all these measures, the phenomenon persists. Neither legislation, nor the monitoring activities of the labour inspectorate, nor the rulings handed down by the courts, appear to be sufficiently dissuasive to put an end to a practice which evidently remains lucrative. The Committee therefore asks the Government to continue doing everything within its power to remain at the front line in the battle against persons who impose forced labour on others, despite the obstacles and resistance which continue to exist in the country.

           1. Strengthening and adjustment of the legal framework

(a) Bill to amend article 243 of the Constitution (PEC No. 438/2001). The Committee previously asked the Government to take all the measures in its power to accelerate the adoption of this Bill. By providing for the expropriation without compensation of establishments in which the use of slave labour has been identified, this amendment would make it possible to impose truly dissuasive penalties on the owners of such establishments. The amendment also provides that the expropriated lands will be consigned to the agrarian reform and reserved as a priority for the persons who worked on them. The Committee notes the Government’s indication that the Bill, which has already been approved by the Senate, has been awaiting its second reading in the Chamber of Deputies since the end of 2004. The Government states that, despite its efforts in favour of the approval of this Bill, the matter is progressing slowly and is meeting strong opposition from members of the Chamber of Deputies who represent the rural sector.

(b) List of persons or entities which use or have used slave labour. Since 2003, the names of individuals or entities convicted of having used slave labour have been entered into the “Register of Employers”, a list drawn up and regularly updated by the Ministry of Labour. Every six months, the register is sent to various public administration bodies and to banks administering constitutional and regional financing funds so that no financial assistance, grants or public credits are granted to the names included on the list. Moreover, for two years following the inclusion of a name in the register, the labour inspectorate verifies the conditions of work in the establishments concerned. If there is no repeat offence and if the fines and the debts to the workers have been acquitted, the name may be removed from the list (Decree No. 540 of the Ministry of Labour and Employment of 15 October 2004).

The Committee notes that, during the most recent review of the register in July 2007, 22 names were removed and 51 were added, which brings the total of individuals or entities listed to 192. The Committee notes with concern that, according to the information provided by the Government, this register has been contested in the courts. The National Confederation of Agriculture and Livestock (CNA) filed a complaint with the Supreme Federal Court contesting the legality and constitutionality of the list adopted by order of the Ministry of Labour. Subsequently, and while awaiting the decision of the Supreme Federal Court, a number of individuals and entities included in the register asked the courts to remove their names from the list, as a preservation measure. While certain courts agreed to these requests, the Attorney-General of the Union (AGU) contested their decisions, as it considered that the register was not illegal since it only contained the names of individuals or entities convicted by a final court decision, which was itself based on reports made following inspection visits carried out by public officials. The Government states that, in order to end this controversy, a Bill creating a register of employers who have kept workers in conditions of slavery has been tabled with a view to giving legal force to the register instituted by ministerial directive (PLS No. 25/05). 

The Government also states that the register has served as the basis for considering that an establishment has not fulfilled its social function. In one case, the land concerned was declared of social interest for the purposes of agrarian reform and the President of the Republic ordered its expropriation. Furthermore, a declaration of intent on the eradication of slave labour was signed by the Brazilian Banking Federation (FEDRABAN) in December 2005. Under this instrument, FEDRABAN undertakes to implement a programme of action to dissuade its associates from granting credit to enterprises which use slave labour.

(c) Other bills. The Government states that other bills have been tabled which aim, on the one hand, to give a legal basis to the prohibition under which individuals and entities recognized as having used slave labour cannot obtain tax incentives and credit or participate in public tendering and, on the other hand, to establish stricter penalties for the crime of reducing a person to a condition akin to slavery.

The Committee has already stated that the register is a vital tool in combating forced labour. Judging by the reactions it has generated, it seems that the objective sought by the register, i.e. to undermine directly the economic and financial interests of those who exploit slave labour, is being achieved. The Committee therefore hopes that the Government will continue to take all the necessary measures to accelerate the adoption of the bills and the draft constitutional amendment referred to above and that of any other draft legislation which contributes to meeting this objective.

           2. Prevention and awareness-raising activities

In its previous comments, the Committee noted the public awareness-raising and prevention measures taken by the Government. It noted the role played in this area by CONATRAE as a permanent entity for the coordination of all the action to be taken in the context of the National Plan of Action. It also noted the action taken within the framework of the cooperation project between the ILO and the Government – “Combating forced labour in Brazil” (2002–07).

The Committee notes that these activities continue and take a number of different forms:

–           publicity campaign for the eradication of slave labour, involving the distribution of flyers warning the population of the methods used by middlemen (“gatos”) to recruit workers and containing information on labour rights and how to report cases of slave labour;

–           programmes favouring access to credit and land for workers freed from slavery and providing such workers with agriculture-related technical assistance and training so as to promote their emancipation through production and work;

–           the “Rights Shop” initiative, the aim of which is to provide identity papers and legal assistance to rescued workers or potential victims. These “Rights Shops”, which operate as fixed or travelling units, disseminate information on workers’ rights, citizenship and the risk of enslavement, particularly in isolated areas where recourse to slave labour is widespread;

–           the “Slavery, don’t even think about it” project, the aim of which is to reduce the number of adolescents sent to Amazonian regions by mobilizing schools and teachers to play a role in the prevention of slave labour.

The Committee notes that civil society and the ILO, through its cooperation project, are often involved in these initiatives and in the organization of workshops and seminars. Furthermore, it notes with interest that the business world is also developing initiatives to promote the social responsibility of enterprises. Such initiatives, which aim to ensure that the activity, production chain or the products purchased are in no way related to slave labour, put moral and economic pressure on enterprises or farms which might be tempted to use slave labour and encourage them to adopt good labour practices. The Government refers, in particular, to the following: the National Covenant for the Eradication of Slave Labour launched in 2005, which has over 120 signatories including large supermarket chains and industrial and financial groups that have undertaken not to buy products resulting from slave labour; the Citizen Charcoal Institute, the main aim of which is to eradicate slave labour in the sector’s production chain and promote the integration of rescued workers in the labour market; and the Social Cotton Institute, which has the same objective.

The Committee welcomes the efforts of the Government and asks it to continue providing information on the measures taken to pursue activities which aim to raise awareness and mobilize the population with a view to combating slave labour. Please indicate the measures taken to support and promote the private initiatives carried out in this domain, to protect the marginalized groups who are at risk of becoming victims and to reintegrate rescued workers.

           3. Strengthening and protection of the labour inspectorate

In its previous comments, the Committee noted the central role played by the Special Mobile Inspection Group (GEFM) in combating slave labour and asked the Government to provide information on the resources made available to it to carry out its functions. The Committee also expressed its concern at the climate of intimidation and violence in which labour inspectors, attorneys and judges have to work. In its report, the Government states that, for each of its operations, the GEFM is made up of labour inspectors, federal police officers and attorneys from the Labour Prosecution Service. According to the statistics provided by the Government, since its creation in 1995, the GEFM has carried out more than 560 operations which have involved the inspection of more than 1,800 estates and led to the liberation of more than 25,000 workers. The number of operations increases each year, which suggests that the work of the GEFM is not subject to any particular restrictions or obstacles. The Government does not deny, however, that difficulties are encountered by the GEFM and the other public and private agents involved in combating slave labour. It states that it has adopted various measures to attenuate these problems, for instance, increasing the daily payments made to civil servants working in the interior of the country. With regard to the processing of complaints filed with the Labour Inspection Secretariat (SIT), the Government states that the SIT examines their relevance and decides whether an inspection must take place. The period of time between the receipt of a complaint and the inspection visit depends on the circumstances of the reported violation: the location of the enterprise, conditions of access, existence of armed militias and number of workers concerned. A computerized control system for complaints is currently being set up, which will streamline the processing of information and indirectly enhance the Government’s response capacity. As regards the protection of labour inspectors, the Government recalls that the federal police are present at each operation and can exercise the function of criminal police.

The Committee notes all the above information. It observes that, in September 2007, the secretary of the SIT decided to suspend all GEFM inspection visits. This decision was taken in response to the accusations made against the GEFM by an external temporary committee of the Senate, set up following an inspection carried out by the GEFM subsequent to which a large number of workers were freed. The Senate committee requested the opening of a police inquiry into the methods used by the GEFM at this inspection. The SIT considered that the climate of intimidation and suspicion did not permit the GEFM to carry out its activities in good conditions. The Committee notes that the GEFM resumed its inspection visits following the conclusion of a cooperation agreement between the Ministry of Labour and Employment and the AGU. The services of the AGU now provide legal assistance in respect of the activities carried out by the GEFM and assist labour inspectors in the event of their implication in any proceedings. While recalling that the GEFM is a vital link in the battle against slave labour, the Committee is concerned about the pressure it has to face and asks the Government to continue taking all measures to allow the GEFM to carry out its activities in a serene climate free from threats or political pressure. The Committee would like the Government to continue providing information on the action taken by the GEFM (number of complaints received by the SIT, number of operations carried out, number of workers rescued) and to indicate the measures taken to strengthen the intervention and reaction capacity of the GEFM.

           4. Article 25. Imposition of effective penalties

(a) Administrative sanctions. The Committee recalls that the effective imposition of penalties for violations of labour legislation is an essential element in combating slave labour in so far as slave labour is characterized by the combination of a number of violations of labour legislation which must be punished as such. Moreover, taken as a whole, they constitute a criminal offence calling for specific penalties, as examined below. The Committee notes the Government’s statement to the effect that the total of the fines imposed for violations of labour legislation is constantly increasing. It also emphasizes the role of the Labour Prosecution Service, which, within the framework of public civil action, demands, in addition to fines, the payment of compensation for moral damages suffered by the worker and for group moral damages. The Government provides statistics on all these procedures and also refers to court decisions in which record amounts of compensation have been granted. The Government considers the large fines imposed and the high amount of compensation sought for group moral damages, in combination with the register, to be highly effective since they undermine the economic advantages of using slave labour. The Committee also believes that slave labour will continue for as long as it remains lucrative. The payment of fines and compensation of dissuasive amounts, combined with the impossibility of accessing public subsidies and financing and selling their merchandise, and expropriation measures, constitute the elements of economic pressure which must be put on persons who exploit work carried out by others. The Committee therefore asks the Government to continue to ensure that these administrative penalties are dissuasive and that they are collected in practice, and to provide information in this regard.

(b) Penal sanctions. The Committee recalls that, in accordance with Article 25 of the Convention, the Government must ensure that the penalties imposed by law are really adequate and are strictly enforced. On a number of occasions it has expressed its concern regarding the low number of cases tried and sentences imposed by the criminal courts under section 149 of the Penal Code for reducing a person to a condition akin to slavery.

The Government states that, according to the Federal Attorney-General’s Office, between 1996 and 2006, there were 110 criminal prosecutions against entities accused of using slave labour. The Federal Attorney-General’s Office passed on 882 reports from the Ministry of Labour and Employment to the regional prosecutor’s offices for investigation of slave labour, 144 of them in 2005. According to the Federal Attorney-General’s Office, only three prosecutions led to convictions by the courts for exploitation of slave labour, and in one case, the prison sentence was commuted to community service. The Government, the Federal Attorney-General’s Office and the social movements believe that the main cause of the impunity prevailing in the country is the uncertainty as to which courts are the competent forum for trying crimes of exploitation of slave labour – the federal court, the ordinary courts or the labour courts. The Government states that the determination of jurisdiction is a matter to be decided by the Federal Supreme Court.

More recently, the Committee has become aware of the Supreme Labour Court Order of 30 November 2006, which determines that the competence for examining and trying the crime of reducing a person to a condition akin to slavery (section 149 of the Penal Code) lies with the federal courts. The Committee hopes that this decision will bring an end to the conflicts concerning jurisdiction which have prevented those responsible for such crimes from being tried. It would be grateful if the Government would provide information on the court decisions made on the basis of section 149 of the Penal Code by the federal courts. In this regard, the Committee emphasizes that in order to eradicate the practice of slave labour it is vital that dissuasive penal sanctions be imposed on those responsible for these crimes.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in its report and the comments made jointly by the "Gaucha" Association of Labour Inspectors (AGITRA) and the Association of Labour Inspection Employees of Paraná (AAIT/PA) and those of the International Confederation of Free Trade Unions (ICFTU), which were forwarded to the Government on 30 March 2004 and 1 September 2004, respectively.

The Committee acknowledges that, for several years, the Government has been adopting a series of significant measures demonstrating its commitment to combat forced labour and which were noted in detail in its previous observation. Despite these measures, the phenomenon persists in many regions in which a high number of workers are subject to degrading conditions of work and debt bondage. Although the supervision undertaken by the Special Mobile Inspection Group have made it possible each year to liberate more workers from employers who exploit them, it does not nevertheless appear that the violations identified lead to the imposition of sufficiently dissuasive penalties against those who have imposed forced labour to be able to achieve the eradication of the phenomenon.

Legal framework

1. Section 149 of the Penal Code. The Committee notes that, following the adoption of Act No. 10.803 of 11 December 2003, section 149 of the Penal Code, which established a penalty of from two to eight years of imprisonment for the crime of imposing upon a person a condition similar to that of slavery, has been amended. It notes with interest that the concept of "imposing upon a person a condition similar to that of slavery" has now been developed, as section 149 now establishes conditions constituting the imposition of a condition similar to that of slavery, namely: subjecting a person to forced labour or to arduous working days or subjecting such person to degrading working conditions or restricting, in any manner whatsoever, her or his mobility by reason of a debt contracted in respect of the employer or her or his representative. Any persons who retain workers at the workplace either by preventing them from using means of locomotion, retaining their personal papers or property, or by maintaining manifest surveillance, are liable to the same prison sentence.

2. Draft amendment to article 243 of the Constitution (PEC No. 438/2001). The Committee noted previously that the measures envisaged under the National Plan of Action for the Elimination of Slave Labour, launched in March 2003 by the President of the Republic, included the adoption of the proposed amendment to article 243 of the Constitution providing for the expropriation without compensation of agricultural establishments in which the use of slave labour has been identified. The expropriated lands will be consigned to the agrarian reform and reserved as a priority for the persons who worked on them. The Government indicates that the proposal, approved by the Senate, is currently being examined by the Chamber of Deputies and it undertakes to provide political support for its rapid approval.

The ICFTU favours this proposal which, if it is adopted, will make it possible to impose a real penalty on those making use of slave labour and, by affording workers access to land, will prevent them from having to return to slave labour. This is very important as statistics show that 40 per cent of freed workers have already been freed more than once before. However, the ICFTU emphasizes that similar proposed amendments have been discussed by Congress since 1995, but have not been adopted.

The Committee hopes that, as it has undertaken to do, the Government will take all the measures in its power to accelerate the process of the adoption of this proposal which, when it is adopted, will make it possible to impose really dissuasive penalties on landowners having recourse to slave labour.

3. List of persons or entities which use or have used slave labour. In November 2003, a list of 52 names of individuals or entities convicted of having used slave labour was adopted with a view to preventing them from benefiting from public financing. Under the terms of Decree MTE No. 1234/2003 of 17 November 2003, a copy of which was provided by the Government, the list shall be communicated every six months to the various public institutions so that they can take measures in the areas within their competence. Furthermore, Decree No. 1150 of 18 November 2003 indicates that the Department for the Management of Financing for Regional Development of the Ministry of National Integration shall communicate this list to banks administering constitutional or regional financing funds so that no public credits are granted to the names included in the list. The Government adds that the Ministry of Finance and the Central Bank are seeking to extend this prohibition to private banks in relation to the resources controlled by the federal Government. It acknowledges that the issue of the granting of aid and credit to persons and entities which use slave labour is a grave problem, particularly in Amazonia, where several credit institutions make resources available for regional development.

The ICFTU expresses concern in this regard at the lack of an administrative follow-up mechanism to ensure that those named on the list do not benefit from public financing or incentives.

The Committee indicated previously that, in seeking to affect directly the financial interests of those who exploit slave labour, the adoption of this list marked an important step in combating forced labour. In this respect, it notes with interest that the list has been updated and now contains 49 names (Decree No. 540 of the Ministry of Labour and Employment, of 15 October 2004). In accordance with section 4 of this Decree, for two years following the inclusion of a name in the list, the labour inspectorate shall verify the conditions of work in the establishments concerned. If there is no repeat offence and if the fines and the debts to the workers have been acquitted, the name may be removed from the list. The Committee requests the Government to continue providing information on this subject, particularly with regard to the revision of the list, the extension to private banks of the prohibition on the granting of credits to the names appearing on the list and the manner in which compliance with this prohibition is enforced in practice.

Implementation

1. Prevention and awareness raising. Over the past two years, the Government has adopted a series of measures to combat slave labour, including the adoption in 2002 of the National Plan of Action for the Elimination of Slave Labour, the establishment of the National Commission for the Elimination of Slave Labour (CONATRAE) in March 2003, and the launching of the national campaign for the elimination of slave labour in September 2003. CONATRAE, composed of government bodies and non-governmental organizations, ensures that the country has a permanent and effective entity for the coordination of all the action to be taken in the context of the National Plan of Action. The Government also refers to the cooperation project between the ILO and the Government "Combating forced labour in Brazil" (2002-07). The objectives of this project include:

n  the reinforcement and coordination of the action undertaken by CONATRAE;

n  the development of national awareness-raising campaigns;

n  the establishment of a database containing data on forced labour from various sources so as to help the Government target and plan its action more effectively;

n  the reinforcement of the Special Mobile Inspection Group; and

n  the establishment of pilot programmes to assist freed workers.

The Committee notes with interest all of these actions, which bear witness to the Government’s commitment to combat slave labour, raise public awareness and carry out concerted action in this field. The Committee hopes that the Government will pursue this action and requests it to continue providing information on the measures taken to continue the implementation of the National Plan of Action for the Elimination of Slave Labour, the results achieved and the difficulties encountered.

2. Action by the labour inspectorate. The Committee noted previously the essential role played by the labour inspectorate in combating forced labour and emphasized that the action of the Special Mobile Inspection Group (GEFM) is an essential prerequisite, without which workers cannot be freed and those responsible convicted. While noting the measures already taken by the Government, it expressed the hope that it would continue to use all the means at its disposal to further strengthen the inspection services. The Government indicates that the GEFM intervenes without warning, based on the complaints received. Labour inspectors are accompanied by the federal police, who are responsible for their security and at the same time competent to undertake criminal investigations. The objective of these interventions is to free workers, obtain the payment of the amounts due to them and, when the operation is completed, to refer the case to the Office of the Federal Attorney-General where the situation amounts to the crime of imposing upon a person a condition similar to that of slavery or any other penal offence. In 2003, the GEFM was provided with 16 four-wheel drive vehicles, which are particularly suited to the inspections to be undertaken and, in 2004, a sixth team was established. Following the holding of a competition, 150 labour inspectors were selected and took up office in May 2004. They will be assigned as a priority to areas in which forced labour is concentrated. In general, the year 2003 saw the largest number of operations by the GEFM since its establishment in 1995. The same applies to the number of workers freed. A total of 196 establishments were inspected in the context of 66 operations, leading to the freeing of 4,879 workers.

The ICFTU recognizes that the increased number of workers freed demonstrates the effectiveness of the GEFM. However, it is concerned at the decline in the number of workers freed, as observed in the first half of 2004, which could indicate that the work of the GEFM is hampered by its lack of resources and by the climate of intimidation and impunity. Furthermore, the time elapsing between the lodging of a complaint and when the inspections are carried out has increased. According to the ICFTU, it is necessary to reinforce the GEFM both in terms of human resources and adequate vehicles to ensure rapid inspections in the most remote regions. The lack of resources of the labour inspectorate is also a matter of concern for AGITRA. Moreover, these two trade union organizations express concern at the climate of intimidation and violence affecting labour inspectors, judges, attorneys and all those combating slave labour. The murder of three labour inspectors and their driver on 28 January 2004 is an illustration of this climate. AGITRA considers that the phenomenon is all the more difficult to combat in view of the involvement of well-known persons. The ICFTU emphasizes the need for the Government to protect those engaged in combating slave labour and to ensure that all who make use of violence and intimidation are penalized and convicted.

The Committee notes all of this information and hopes that the Government will continue to provide detailed indications of the action taken by the GEFM and the resources made available to it by the Government, as well as on the number of operations carried out, the average time that elapses between the filing of a complaint and the inspection of the GEFM, and the number of workers freed. The Committee also expresses concern at the context of violence in which labour inspectors, attorneys, judges and, more generally, all those involved in combating slave labour, have to work. It notes that in August 2003, before the murder of the labour inspectors, in view of the many threats menacing their members, several institutions, including the Federal Human Rights Ombudsperson, the National Association of Labour Judges, the Office of the Labour Attorney, the Association of Attorneys of Brazil and the Pastoral Land Commission, issued a press release describing the situation and calling for appropriate measures to be taken. The press release was further pursued in the form of an appeal to the President of the Republic and the Minister of Justice for the Government take urgent measures to secure the life and safety of the persons engaged in the implementation of the National Plan of Action for the Elimination of Slave Labour. The Committee hopes that the Government will not fail to provide information on the measures adopted in this respect.

Imposition of effective penalties

1. Administrative sanctions. Considering that the effective imposition of penalties for violations of the labour legislation is an essential element in combating forced labour in so far as the combination of several such violations is indicative of certain forced labour situations, the Committee hopes that the Government will ensure that the fines inflicted for violations of the labour legislation are collected in practice so as to ensure the dissuasive nature of these penalties. The Government indicates that the Office of the Labour Attorney, through the regional labour attorneys, has taken various types of action to penalize those making use of slave labour and that 439 investigations are currently being undertaken. In this respect, the ICFTU and AGITRA express the fear that the fines are too low to be dissuasive and that many fines are not paid. The ICFTU regrets the absence of official data on the amounts of the fines imposed and the number of fines collected. The Committee notes this information. It notes several decisions by regional labour tribunals which, in addition to requiring the payment of wage arrears and other social contributions, have convicted those accused to fines and the payment of compensation, particularly for collective social prejudice. It would be grateful if the Government would provide full particulars on the decisions handed down by labour tribunals and on the difficulties encountered in collecting the fines that are imposed.

2. Penal sanctions. For many years, the Committee has been requesting the Government to provide information on the number of cases of forced labour forwarded by the inspection services of the Ministry of Labour to the Office of the Federal Attorney-General, the manner in which these cases are followed up, and particularly the percentage of cases which give rise to criminal proceedings in relation to the total number of complaints received by the inspection services, and the number of convictions under the relevant penal provisions, and particularly section 149 of the Penal Code. The Government indicates in its report that, between February 2003 and May 2004, the Attorney-General of the Republic initiated 633 administrative proceedings to verify allegations of slave labour. In this respect, the Committee notes, from the Internet site of the Attorney-General of the Republic (http://www.pgr.mpf.gov.br/pgr/pfdc/pfdc.html), a list of cases in which the competent jurisdiction was requested to receive a complaint (denúncia) with a view to initiating criminal proceedings, particularly under section 149 of the Penal Code. Despite the absence of information from the Government on the number of convictions under section 149, the Committee has been able to note with interest that such convictions have been imposed (see, in particular, Ruling No. 2001.04.01.045970-8/SC of the federal regional tribunal of the fourth region confirming on appeal a conviction to a sentence of imprisonment of two years and eight months for the offence set out in section 149 of the Penal Code).

The Committee therefore hopes that in its next report the Government will provide more complete information on current proceedings, both administrative proceedings undertaken by the Attorney-General of the Republic to verify the facts, to which the Government referred in its report, the action taken on complaints forwarded by the Office of the Attorney-General with a view to the initiation of criminal proceedings and the final rulings by the respective courts. The Committee recalls in this respect that, in accordance with Article 25 of the Convention, the Government is under the obligation to ensure that the penal sanctions imposed by the law are really adequate and are strictly enforced.

With reference to its previous comments, the Committee would be grateful to be informed whether the problem of the determination of the competent jurisdiction (federal jurisdictions or those of the states) to judge the crime of imposing upon a person a condition similar to that of slavery (section 149 of the Penal Code) has been resolved and whether a final decision has been issued on this matter.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the detailed information provided by the Government in its report and the information provided in reply to the observations made by the Association of Labour Inspectors of Minas Gerais (AAIT/MG) in July 2001. It also notes the comments made in October 2002 by the Single Central Organization of Workers (CUT) and the National Confederation of Agricultural Workers (CONTAG), and the information received from the Government in January 2003 in reply to these comments.

Forced labour practices: Situation

In its previous observation, the Committee noted a convergence of views between national and international workers’ organizations and the Government concerning the existence of forced labour practices and on the conditions in which such practices develop. In many regions, a large number of workers is still subjected with their families to degrading conditions of work and debt servitude. Faced with this situation, the Government has on many occasions expressed, as it does once again in its latest report, its commitment to eradicating forced labour from the country and has provided information on the measures adopted for this purpose. The Committee noted previously in this respect:

-  the establishment in June 1995 by the President of the Republic of the Executive Group on the Elimination of Forced Labour (GERTRAF);

-­  the establishment of the Special Mobile Inspection Group (GEFM) (Ordinance No. 550 MTb of 14 June 1995);

-  the adoption in 1998 of Act No. 9777 amending sections 132, 203 and 207 of the Penal Code to supplement section 149 of the Code.

The Committee notes with interest, according to the information provided in its latest report, that the Government is continuing to take many measures to combat forced labour, and particularly preventive and rehabilitation measures, such as:

-  the establishment, within the Council for the Defence of Human Rights of the Ministry of Justice, of a special commission to specifically address the problem of slave labour. In collaboration with GERTRAF, the functions of this commission include proposing mechanisms to guarantee greater effectiveness in the prevention and elimination of rural violence and the exploitation of forced labour, including, for example, the creation of a mechanism to refuse the granting of public financing to the owners of lands on which such exploitation has been found to exist. Its objectives also include promoting better coordination between the various partners in support of certain initiatives, such as the proposed amendment to the Constitution for the confiscation of the lands of owners exploiting slave labour.

-  the launching by the Government of the National Plan for the Elimination of Slave Labour formulated by the special commission in March 2003;

-  the launching in April 2002 of a cooperation project between the ILO and the Government of Brazil, entitled "combating slave labour in Brazil", carried out in partnership with several national institutions. The objectives of this project are to strengthen GERTRAF and the means of action of the GEFM, establish a database, launch national awareness-raising plans, develop the national plan of action and implement pilot programmes for prevention and the reintegration of freed workers;

-  the adoption in April 2002 of Provisional Measure No. 74 granting temporary financial assistance (three payments each corresponding to the minimum wage) to the workers identified by the inspection services of the Ministry of Labour and Employment, as having been subjected to a system of forced labour or reduced to a situation of slavery. Freed workers are also directed towards the services of the national employment system with a view to their integration into the labour market and their vocational training. With regard to reintegration, the Government also announces in its last report the launching, before the end of 2002, of the programme of action for "temporary assistance to victims of slave-like or degrading work". An agreement is due to be concluded in this context with the Pastoral Land Commission with a view to securing accommodation, food and training in the rights of the citizen for freed workers.

The Committee also notes the information provided by the Government in its latest report, to the effect that, following the efforts made in 2001, the GEFM has carried out the largest number of operations since its establishment and, in so doing, has recorded the largest number of freed workers (1,433 compared with 583 in 2000).

The Committee notes the following comments of the Single Central Organization of Workers (CUT):

-  The CUT considers that the rise in the number of workers who are freed, a rise confirmed in the first half of 2002 with the liberation of a number of workers equivalent to the official figures for freed workers for the whole of 2001, whilst it shows the importance of the activities carried out by the GEFM, at the same time demonstrates the fact that forced labour practices, particularly in the rural sector, cannot be considered to be peripheral.

-  Further, the CUT comments on what it views as systematic practices, facilitated by the division within the executive authorities. It indicates that while the Ministry of Labour and Employment and the Ministry of Justice are committed to combating forced labour, other ministries, such as those responsible for industry and trade, agriculture and ownership, as well as the Central Bank, are not involved in this combat, and may aggravate the situation, for example by financing or granting assistance to individuals and entities which have recourse to these practices to increase their profits.

-  In addition, on the basis of the information of the Pastoral Land Commission, the CUT expresses its concern at certain indicators demonstrating the extension of these practices (illegal transport of workers, number of denunciations), worsened by the increase in the rate of repeat offences, which shows that agricultural landowners do not fear the measures adopted by the State. In these conditions, the CUT considers that, although certain sectors of the Government that are really involved in combating these practices can claim some progress, the use by the Government of figures for freed workers as a proof of its commitment cannot mask the lack of commitment and will of the Government as a whole, which prevents effective action being taken against forced labour.

-  The CUT also expresses concern at the operational inadequacy of inspection activities (GERTRAF and the GEFM). It refers to the delay between the lodging of complaints and inspections which is much too long, leaving workers in catastrophic and even dangerous situations in the case of those lodging the complaint, and providing greater opportunities for the disappearance of evidence.

-  The CUT says that the inspection system lacks human resources and appropriate logistics to confront these specific difficulties encountered in certain regions, with the result that inspections are not carried out in areas known to be zones in which slave labour is used (for example, over the past year no inspections have been conducted in São Felix do Xingo e Iriri in the Pará region). The increasing demoralization of inspectors caused by these operational inadequacies and the impunity of the guilty parties are contributing to the loss of credibility of inspections.

In reply to these observations, the Government indicates as follows:

-  The rise in the number of freed workers cannot be used to infer that there is necessarily an increase in forced labour practices. The figures have to be linked to the intensified action taken by the State, the investment in material resources and the increased commitment of the institutional partners of the Ministry of Labour and Employment. All these elements have made it possible to carry out more inspections and to deal with an increasing number of complaints, which are not always related to forced labour practices but, most frequently, to violations of the labour legislation. The Ministry of Labour and Employment has not interpreted the figures for freed workers as an indication of a reduction in slave labour, but as proof of the broader action being taken by the State. There are no statistics showing either a decrease or a rise in slave labour.

-  With regard to the lack of resources of the inspection services, the Government indicates that relations between the Ministry of Labour and Employment and the federal police have developed in a manner which avoids any bureaucracy and facilitates the training of inspection teams. The Government adds that the renovation of the GEFM’s pool of vehicles and the acquisition of modern equipment (computers, radios, GPS systems) bears witness to a constant policy of support by the Ministry for Labour Inspection. Even though certain specific difficulties persist, in overall terms, the GEFM has at its disposal greater means of action than in the past.

-  Finally, concerning the allegations made by the CUT and CONTAG concerning the concession of loans and subsidies to owners exploiting slave labour, the Government indicates that this issue is being examined by GERTRAF. A working group has been established to formulate a draft decree to drastically restrict the granting of any public credits to exploiters of slave labour.

The Committee notes all of this information, which reflects the difficulties encountered by the Government in achieving the eradication of forced labour practices. It recognizes the important steps which have already been taken by the Government and trusts that the Government will continue all of its efforts and that it will use all the means at its disposal to further strengthen the inspection services so that action can be taken with the necessary rapidity in all areas in which complaints are lodged or where there is suspicion of forced labour. The Committee particularly emphasizes that the action of the inspectorate, and particularly the GEFM, are an essential prerequisite, without which workers cannot be freed and those responsible convicted. The Committee requests the Government to continue providing detailed information on this subject and on any developments relating to the draft amendment to the Constitution for the confiscation of the lands of owners who exploit slave labour.

The Committee also notes with interest that, on 18 November 2003, the Minister of National Integration signed a decree containing 52 names (individuals or entities) which use or have used slave labour. These individuals and entities will no longer be able to enter into financial arrangements with a number of public financial institutions or benefit from national subsidies or tax exemptions. The only names included were those covered by a definitive ruling up to December 2002. Finally, this list will be periodically updated. The Committee considers that the adoption of this text marks an important step in combating those who exploit slave labour as it directly affects their financial interests. It would be grateful if the Government would provide full particulars on the application of this decree in practice. It requests the Government to supply the list of names, indicate whether the list has already been revised, specify the list of the financial institutions concerned and the manner in which the Government ensures that no financial advantage is accorded to those who exploit or have exploited slave labour.

Penal sanctions and impunity of those responsible

In its previous comments, the Committee expressed concern at the low rate of legal action against those responsible for having exacted forced labour, even though every year the action carried out by the labour inspectorate, and particularly the GEFM, leads to the liberation of hundreds of workers. The Committee requested the Government to provide statistics on the number of cases of forced labour forwarded by the labour inspectorate to the federal Attorney-General’s Office, the number of cases giving rise to criminal proceedings and the number of convictions under Act No. 9777 and section 149 of the Penal Code. According to the information provided by the Government in its report in 2001, a single case was being tried for violation of section 149 of the Penal Code. The Government did not provide any statistical information on this subject in its latest report.

The CUT indicates in its comments that the lack of criminal proceedings is principally due to the fact that the federal judiciary has on several occasions declared itself incompetent to judge these crimes, with the Attorney-General’s Office accordingly refraining from transmitting any new cases. The CUT says that the loss of credibility of the enforcement system is also illustrated by the rate of repeat offences and the increasing cruelty of practices related to forced labour. Among the cases reported in 2002, many landowners are repeat offenders already convicted or against whom successive complaints have been made (Fazenda Alvorcada, Fazenda Rio Vermelho, Fazenda Brasil Verde). The CUT expresses concern about the absence of information from the Government on the measures taken by the Attorney-General’s Office on the reports forwarded by the labour inspectorate.

In its latest report, the Government acknowledges that the principal obstacle to the conviction of persons exploiting slave labour is related to a problem of the definition of jurisdictional competence. The reports of the GEFM are forwarded to the federal Attorney-General’s Office and not to the offices of the attorney-generals of the various states, to prevent those charged from exerting pressure at the local level to prevent the investigation of complaints. However, there is a controversy in case law concerning the competence to judge the crime of imposing upon a person a condition similar to that of slavery (section 149 of the Penal Code). Certain courts consider that such trials are not within the competence of the federal judicial system. According to this interpretation, the responsibility for commencing proceedings should therefore be removed from the federal Attorney-General’s Office to the offices of the attorney-generals in each state. The Government indicates that in the Special Commission of the Human Rights Council it is planned to set aside this interpretation. The National Association of Federal Judges, which forms part of the above Commission, has emphasized the need to raise the awareness of magistrates concerning the problems encountered in the country in combating slave labour. Such awareness raising could facilitate a reversal of the case law and also lead to the definitive involvement of the judiciary in the national strategy to combat contemporary forms of slavery and other degrading forms of work.

The Government also refers to the experience of a mobile judicial unit tried out in the south of the State of Pará. A Bill on this subject is under examination to allow magistrates to accompany the mobile inspection unit composed of inspectors, members of the federal police and of the federal Attorney-General’s Office, so that magistrates are present to certify cases of flagrante delicto and judge those responsible forthwith. This mobile judicial unit would make it possible to resolve the problem of witnesses disappearing (freed workers are often difficult to find, particularly in view of their mobility), and the problem of the controversy in case law concerning jurisdictional competence.

The Committee notes all of this information. It notes with regret that the Government has not been able to provide statistical information on the application of penal sanctions against persons found guilty of having exacted forced labour, which illustrates the incapacity of the judicial system to try these cases and punish those responsible. The Committee recalls that, in accordance with Article 25 of the Convention, the Government is under the obligation to ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee considers that all the positive measures taken by the Government in the fields of awareness raising, prevention, the strengthening of the inspection system and reintegration will not result in the eradication of forced labour in Brazil unless they are also supported by a credible judicial system, capable of imposing dissuasive penalties on those responsible. The information received from the CUT on repeat offenders and on the increasingly cruel practices carried out appear to demonstrate that this is not the case. In these conditions, the Committee trusts that the Government will take all the necessary measures to ensure the implementation of Article 25 of the Convention. It hopes that in its next report the Government will be in a position to provide information on the number of cases of forced labour which have been reported to the federal Attorney-General’s Office by the inspection services of the Ministry of Labour, on the progress achieved in dealing with the cases forwarded by the labour inspectorate, and particularly on the percentage of complaints which have given rise to criminal proceedings in relation to the total number of complaints received by the inspection services, and the number of convictions under Act No. 9777 and section 149 of the Penal Code (please provide copies of the court rulings handed down). The Committee also requests the Government to provide detailed information on the project for a mobile judicial unit, to which it referred.

Administrative sanctions

In its previous comments, the Committee noted the information provided by the Association of Labour Inspectors of Minas Gerais (AAIT/MG) concerning Decision No. 13/2001 of the Minister of Labour and Employment approving the opinion of the legal services of the Ministry of Labour on the sanctions (fines) to be imposed in the rural sector in the event of violations of the labour legislation. Under this decision, the fines imposed are those established in Act No. 5889/73 governing rural labour and no longer those set out in the Consolidation of Labour Laws (CLT) for violations of labour legislation in urban areas. However, the fines established in this Act are considerably lower than those provided for in the CLT. In the view of the AAIT/MG, this decision has grave consequences for the interests and rights of rural workers guaranteed by the Constitution of 1998. It reverses the practice established since 1994 by Regulatory Instruction No. 1 of 24 March 1994, which guarantees equality of rights for workers in the urban and rural sectors, with the fines applied in administrative procedures resulting from inspections carried out in the rural sector following the same criteria as those set out in the CLT, particularly in the case of forced labour, the exploitation of work by young persons or indigenous persons, or threats to the life and health of workers. According to the AAIT/MG, the decision by the Minister shows the low level of consideration in the Ministry for the institutions responsible for matters relating to rural work. It brings to an end the application of effective penalties in the event of violations of the labour law in rural areas.

In its latest report, the Government states that there has been no change in the priorities of the Ministry. In its view, certain sectors of the labour inspectorate had wrongly interpreted article 7 of the Constitution. Whilst the article guarantees the same rights for workers in the urban and rural sectors, it does not however establish the equivalence of the penalties applicable to employers in these two sectors for violations of the labour legislation. The Regulatory Instruction of 1994 does not provide that the fines established in the CLT shall be applied for violations of labour legislation reported in the rural sector, but that the criteria for the imposition of fines shall be the same as those set out in the CLT. Since 1999, the legal services of the Ministry of Labour and Employment have issued opinions recalling that the fines applicable in the rural sector are those envisaged in the specific Act (Act No. 5889/73 governing rural labour). Nevertheless, the Government states that certain sectors of the labour inspectorate refuse to abide by these opinions, thereby forcing the Ministry to take Decision No. 13/2001.

The Government adds that, contrary to the inferences made by the AAIT/MG, Act No. 5889/73 does not have the immediate objective of combating forced labour in the rural sector. Forced labour is a crime under the Penal Code. As a result, the inspection services confronted by this scourge in the rural sector have to inform the police authorities and the Attorney-General’s Office, which will initiate criminal proceedings.

Finally, the Government reiterates that, in accordance with legal principles, changes in the amount of administrative fines, envisaged in Act No. 5889/73, can only be made by legislative action. Accordingly, in 2001, it submitted a bill to Congress to amend Act No. 5889/73 with a view, among other objectives, to increasing the amount of the administrative fines applicable in the rural sector. In view of the delays in the examination of this proposal in the Congress, and the relevance and urgency of the issue, the Office of the President of the Republic adopted Provisional Measure No. 2.164-40 on 24 July 2001. Section 4 of this Measure amends section 18 of Act No. 5889/73 by increasing the amount of the fines envisaged for violations of the above Act, adding a subsection under the terms of which violations of the provisions of the CLT or of any other relevant legislation committed against rural workers shall be punishable by the fines established in these texts. The difference between the levels of the fines applicable in the urban and rural sectors has therefore been abolished.

The Committee notes all this information. It notes with interest the adoption of Provisional Measure No. 2.164-40, which henceforth allows for violations of the labour legislation in the rural sector to be punished by fines that are as severe as in urban areas. The protection of workers’ rights is all the more important in the rural areas as it is essentially in this sector that forced labour practices are encountered. The Committee also considers that compliance with the labour legislation and the effective application of penalties for violations of this legislation are essential elements in combating forced labour practices. Indeed, violations of this nature, including the failure to pay wages, the absence of registration of workers and excessive working hours, are all elements making it possible to identify certain forced labour practices. In these conditions, the Committee hopes that the Government will ensure that the fines imposed for violations of the labour legislation in the rural sector are effectively collected, so as to guarantee the dissuasive nature of these penalties.

The Committee notes with interest that, on 30 April 2003, the labour tribunal of the 8th Region, Parauapebas/PA (Judgement No. 218/2002), upheld the application by the Attorney-General’s Office for the owner of a farm who imposed degrading and forced labour upon the workers to be ordered to compensate the collective moral damage, while at the same time confirming the administrative penalties which had already been imposed for violations of the labour legislation. The tribunal found that, from a social point of view, a production system based on the indebtedness of workers is bound to generate debt servitude. This production system creates neither employment nor income, as the workers do not receive wages and are not registered. Accordingly, no taxes or social contributions can be paid. This practice implies a considerable social prejudice by a reason of the resulting debasement of the worker, the failure of rural enterprises to pay their social contributions and also by reason of the necessity for the State to allocate significant public funds to eradicate this production system.

Coordination between the various government bodies

The Committee requests the Government to continue providing information on the measures adopted to facilitate joint action by all the bodies involved in combating forced labour (the inspection services, the federal Attorney-General’s Office, the federal police, the labour courts and the federal judiciary).

The Committee notes the agreement (Termo de compromisso) concluded on 9 April 2001 between the representatives of the labour attorney of the 8th region, the Regional Labour Delegation of the State of Pará and three owners of farms in that region. The Committee notes that the CUT refers in its comments concerning the problem of repeat offences to two of the properties belonging to one of the signatories of the above agreement (Fazenda Rio Vermelho, Fazenda Brasil Verde). The Committee would be grateful if the Government would provide information on these allegations in its next report (inspections carried out in these properties and, where appropriate, copies of the inspection reports).

Forced prostitution of young persons

In its previous comments, the Committee emphasized that work by young persons in conditions of debt bondage, including the forced prostitution of young persons, comes within the scope of application of the Convention. In view of the conditions in which this work is performed, it cannot be considered, in accordance with Article 2, paragraph 1, of the Convention, that the young person has offered her or himself voluntarily for this work. The Committee requested the Government to provide information on the allegations made by the International Confederation of Free Trade Unions (ICFTU) in October 1999 concerning the debt bondage of young persons forced to engage in prostitution in the State of Rondonia. While noting the Government’s indication in the past that combating child labour is one of its priorities, the Committee notes with regret that, despite its repeated requests, the Government has still not provided information on any investigations undertaken with regard to these allegations and, where appropriate, the measures taken. It trusts that in its next report the Government will not fail to provide information on this subject.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the communications from the International Confederation of Free Trade Unions (ICFTU) of August 2001 and the Association of Labour Inspectors of Minas Gerais (AAIT/MG) of 27 June 2001, both of which were transmitted to the Government for its comments. The Committee also notes the communications from the Government dated 26 December 2000 and 26 November 2001.

A.  Forced labour practices

2. With regard to the existence of forced labour practices and the conditions under which they occur, the Committee notes that both national and international workers’ organizations and the Government are in agreement in recognizing the existence of such practices. All agree that despite the legislation that has been adopted to protect agricultural workers, there are still in many regions a high number of workers who, with their families, are subjected to degrading conditions of work and debt servitude.

3. In its comments, based on the reports of the Pastoral Land Commission (CPT) and Anti-Slavery International, the ICFTU refers to the release in April 2001 of 148 workers found working under conditions of forced labour in Maranhão state by the Special Group for Mobile Inspection, and indicates that some of the workers had not been paid since January 2001. On 12 June 2001, another 97 workers were released from the estates of Iolanda (24), Ediones Bannach (73) in South Pará. In its observation in 1996, the Committee had already noted that workers’ families at the Bannach estate reported the disappearance of two workers. The Committee also notes that 114 workers enslaved on the Forkilha estate were released in April-May 2001 by the Federal Police.

4. In its report, the Government indicates that in 2001 (up to October) some 960 workers had been released by the Mobile Inspection Group and emphasizes the preventive nature of inspection.

Article 25 of the Convention

B.  Penal Sanctions. Impunity of those responsible

5. In its previous observations, the Committee has recognized that the Government has adopted measures to combat forced labour, but has also expressed its concern at the failure to impose effective penalties, the impunity of those responsible, delays in judicial procedures and the absence of coordination between the various Government bodies, which all hinder the effective abolition of forced labour in Brazil. The Committee noted the adoption of Act No. 9777 establishing more severe penalties for conduct related to the practices of forced labour and requested the Government to provide detailed information on the number of persons convicted under sections 132, 149, 203 and 207 of the Penal Code.

6. With reference to the imposition of penalties, the Committee noted in its previous observation the comments made in August 2000 by the International Confederation of Free Trade Unions to the effect that Act No. 9777 was not being implemented and the action of the Mobile Inspection Group had not managed to bring to justice those responsible for having exacted forced labour. The Committee noted the statistics of the Ministry of Labour itself, which indicated that between 1996 and 1999 only four persons had been imprisoned for having imposed forced labour, despite the fact that during the same period the Mobile Inspection Group, in 25 operations, had freed 1,266 workers found working under conditions of forced labour. According to the same report, the low number of legal proceedings could be a result of the process required to be followed. The labour inspectors are only able to impose administrative sanctions when they find evidence of forced labour, and have no competence to bring criminal proceedings against those responsible. The information is transmitted to the Attorney-General, who decides on whether to initiate penal action. These procedures take a considerable time, which reduces the possibilities of finalizing legal proceedings, since the freed workers generally leave the region to return to their homes or to find other sources of work. Moreover, the fact that the freed workers are not covered by immediate protection measures exposes them to threats and intimidation discouraging them from testifying in the proceedings.

7. In its comments of August 2001, the ICFTU, based on information provided by Anti-Slavery International and the Pastoral Land Commission, reiterates that the current system does not lead to the effective penalization of those who exact forced labour. By way of illustration, it refers to the case of the Brazil Verde estate, in which the Mobile Inspection Group has detected the existence of forced labour on various occasions. Repeated denunciations in 1988, 1989, 1992, 1993, 1997, 1999 and 2000 have not resulted in the conclusion of criminal proceedings commenced in 1997, and suspended in 1999, with no subsequent action being taken to reopen proceedings. The Committee notes that a complaint has been lodged with the Organization of American States (OAS) against the Government of Brazil for negligence in investigating the practice of forced labour in the Brazil Verde estate. Between 1980 and 1998, of the 90 cases involving the use of slave labour denounced in Maranhâo, criminal proceedings were only initiated in 14 of them, and resulted in only one case of conviction.

8. The Committee has referred to the scarcity of the penalties imposed on those responsible for exacting forced labour and has considered that the activities of the labour inspectorate are not adequate in themselves to eradicate situations of forced labour, if they are not supported by a prosecutory and judicial system capable of imposing severe penalties on those responsible. The Committee notes that the praiseworthy action taken by the Labour Delegations, including inspection, has resulted in the release of hundreds of enslaved workers, but has not led to the conviction and punishment of those responsible.

9. In its previous observations, the Committee had suggested that the Government should consider the proposal by the Labour Prosecution Service concerning the need to adopt specific and unified legislation on forced labour establishing civil and penal liability and empowering the Labour Prosecution Service to instigate legal action against persons who subject workers to degrading conditions of work or slavery.

10. The Committee also requested the Government to provide detailed information on the number of cases of forced labour brought before the Federal Attorney-General’s Office by the inspection services of the Ministry of Labour and the date on which they were submitted. The Committee also requested information from the Federal Attorney-General’s Office on the progress in the processing of cases submitted by the labour inspectorate, particularly as regards the percentage of complaints which have resulted in criminal proceedings compared with the total number of complaints received through the inspection services. The Committee also requested information on the number of convictions imposed under Act No. 9777 and section 149 of the Penal Code.

11. The Government in response to these requests, refers in its report of 2001 to a single trial which is currently being held for violation of section 149 of the Labour Code, prohibiting the reduction of a person to a condition similar to that of slavery. The Committee notes that the Government refers to the release of 960 workers (in 2001) who were the victims of forced labour practices, but to a single trial being held in the same period. The Government has not indicated that any penal sanctions have been imposed for the exaction of forced labour.

12. The Committee notes that the information provided by the Government does not contain evidence of compliance with Article 25 of the Convention, under which "the illegal exaction of forced or compulsory labour shall be punishable as a penal offence" and in accordance with which the Government has to ensure that the penalties imposed by law are really adequate and strictly enforced.

13. The Committee trusts that the Government will take the necessary measures to ensure, in conformity with the Convention and the relevant provisions of the national legislation, that anyone found guilty of having exacted forced labour will be punished with penal sanctions, and that it will provide copies of relevant judicial rulings, especially in the cases mentioned above of the Brazil Verde, Edionnes Bannach and Forkilha estates.

C.  Administrative sanctions. Fines

14. The Committee notes the information provided by the Association of Labour Inspectors of Minas Gerais (AAIT/MG), according to which the Ministry of Labour, based on the opinion of the Legal Adviser’s Office of the Ministry of Labour (No. 13 of 2001), decided that the sanctions (fines) which may be imposed in the rural sector are the fines provided for in Act No. 5889/73 and not those provided for in the Consolidated Labour Laws (Diario Oficial, 1 June 2001). The fines provided for in Act No. 5889 are considerably lower than the fines imposed under the Consolidated Labour Laws for violations of the labour legislation in urban areas. The AAIT/MG illustrates this difference with an example: the fine that can be imposed on an enterprise of 200 workers in urban areas under section 47 of the Consolidated Labour Laws is R$80,506.55 (US$33,555.60). The value of the fine which can be imposed under Act No. 5889 is R$720 (US$300). In the view of the AAIT/MG, "this decision seriously affects the interests and rights of rural workers, guaranteed by the Constitution of 1988 and ignored by the Ministry of Labour". In the view of the AAIT/MG "this decision by the Ministry shows little respect for the bodies responsible for rural labour affairs and annihilates the effectiveness of the application of sanctions for violations of labour legislation in rural areas".

15. According to the AAIT/MG this decision overturns the practice introduced in 1994 by Regulatory Instruction No. 01 of 24 March 1994, based on article 7 of the National Constitution, which established equal rights for workers in the urban and rural sectors and called for the rigorous application of sanctions in administrative proceedings relating to forced labour, the exploitation of child labour and indigenous persons and threats to the life and health of workers. In its observation of 1996, the Committee noted the information provided by the Government to the effect that the above Regulatory Instruction No. 01 of 24 March 1994 inaugurated a new phase in the prevention and repression of forced labour.

16. The Committee notes the opinion of the Legal Adviser’s Office of the Ministry of Labour to the effect that the Consolidated Labour Laws apply in a subsidiary capacity to rural labour in view of the existence of specific legislation on this subject, and that violations committed by rural employers may only be punished on the basis of Act No. 5889.

17. The Committee notes that the great majority of cases of forced labour occur in the rural sector and that violations of labour provisions (such as the registration of workers) can have a direct impact on the protection of workers against situations of degrading or slave labour. The Committee notes with concern that, although the Government reiterates its commitment in its various statements continuing to take measures with a view to eradicating forced labour, particularly through the imposition of effective penalties, few penal sanctions have been imposed on those responsible and, furthermore, a step backwards has been taken with regard to the imposition of administrative sanctions in the rural sector by reducing such sanctions to insignificant fines.

18. The Committee hopes that the Government will take the necessary measures to ensure that when administrative sanctions are imposed on persons infringing labour legislation, these are at least as rigorous as those imposed on violators in the urban sector, bearing in mind that situations of forced labour are essentially found in the rural sector.

D.  Coordination between the various Government bodies

19. The Committee noted in its previous observation that the Government recognized the need for a standardized framework of legislation with a view to dynamizing procedures to combat the exaction of slave labour and the need for a joint effort by the various bodies involved (the Federal Prosecution Service, the Labour Prosecution Service, the Federal Police, labour courts and federal courts).

20. The Committee notes the Agreement ("Termo de compromisso") concluded on 9 April 2001 by the representatives of the Labour Prosecution Service of the Eighth Region, the Regional Labour Delegation of Pará and three owners of estates in the Pará region. According to the information available to the Committee, one of the signatories is the owner of estates in which cases of slave labour have been denounced. The Committee notes that, as a result of the negotiations, the competence of the Federal Police to investigate situations of slave labour, ill-treatment and failure to comply with the legislation in force has been withdrawn in the region.

21. The Committee notes with concern that during the past year, not only has there been no progress in the imposition of penalties on those responsible for exacting forced labour, but the Ministry of Labour has also decided that administrative sanctions (fines) are to be lower in the rural sector than those imposed in the urban sector. Furthermore, competence is being withdrawn from the Federal Police to take action in this field. The Committee requests the Government to provide a copy of the Agreement ("Termo de compromisso") concluded on 9 April 2001.

22. The Committee notes once again that, despite the measures taken by the Government, there remain important shortcomings in the application of the Convention. The situation of thousands of workers reduced to a condition that is similar to that of slavery in a situation characteristic of debt bondage requires measures that are commensurate with the magnitude and gravity of such situations. The Committee hopes that the Government will take the necessary measures to combat forced labour and ensure compliance with the Convention.

E.  Forced prostitution of young persons

23. The Committee notes that the Government’s report does not contain the information requested regarding the allegations that minors are forced into prostitution in the State of Rondonia, made by the International Confederation of Free Trade Unions (ICFTU) in October 1999. The Committee had recalled that work by children in conditions of debt bondage, including the forced prostitution of minors, comes within the scope of application of the Convention and it had noted the Government’s indication that it was giving priority to combating child labour.

The Committee hopes that the Government will provide information on the investigations which have taken place concerning these allegations and on any other measures which have been taken in this connection.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Information on forced labour practices

1.  The Committee notes the comments supplied by the Single Central Organization of Workers (CUT) and the National Confederation of Agricultural Workers (CONTAG), of 29 November 1999, that despite the measures taken by the Government, especially those regarding inspection, workers are still routinely subject to slave labour or degrading labour.

Measures taken to ensure respect for the prohibition of forced labour

A.  Remedial, promotional and preventative actions

2.  With reference to the comments from CUT and COMTAG, the Government has, in its detailed reply dated 14 August 2000, acknowledged that despite laws to protect rural workers, there are still in many areas a large number of workers who, with their families, are subjected to degrading working conditions and debt bondage. The Government indicated that it is tackling the problem on a number of fronts.

Remedial actions

3.  There is collaboration between the Labour Inspection Service in the Ministry of Labour with the Special Mobile Control Group which is the operational arm of GERTRAF (the Executive Group on the Prevention of Forced Labour), the rural land commissions and rural unions to identify situations of forced labour. Complaints can be made to the Labour Inspection Service by the press, trade unions, human rights bodies and the Rural Commissions among others, which then results in action taken by the Special Mobile Control Group. The Government reports that this combined action is achieving significant results through rapid and transparent processing of all complaints. The report also refers to an increase in numbers of persons employed in the Labour Inspection Service which in 1999 employed 1,000 employment law specialists, 19 engineers and 17 employment doctors.

4.  The Government statistics indicate that in 1999, a total of 639 workers were freed through the actions of the Special Mobile Control Group. With respect to this figure, the Committee notes that, according to Anti-Slavery International, this total exceeds the entire number freed in the three previous years. The Government statistics also indicate that there is further improvement and that, in the first quarter of this year, 284 workers were freed and they were paid sums as wages in arrears and their contracts were terminated.

5.  The Committee welcomes these improvement and encourages the Government to continue to improve further given the extent and seriousness of the problem.

  Promotional measures

6.  The Government report indicates that the Labour Inspection Service continues to expand and strengthen rural inspection through regional labour offices, directing control action at areas where workers are recruited, in order to warn and educate employers concerning the correct way of employing labour. The Government states that it is providing new equipment to give greater speed in mobilizing control teams. There is also improvement in the recording and summarizing of data to allow comparative analysis. Lectures and seminars are being held on slave and degrading labour, so as to enlighten leading professionals and the public at large of its serious and adverse effects. Further the press publishes the results of the joint action of the Labour Inspection Service, the Federal Prosecution Service and the Federal Police in relation to the proceedings which are in progress.

  Preventative measures

7.  The Government report indicates that the Labour Inspection Service and the Public Employment Department in the Ministry of Labour are preparing "terms of reference" for proposals for encouraging training and career guidance for workers released from slave labour. These proposals also include the creation of partnerships with state bodies to prevent removal of workers from their place of origin and for job creation. The Government states that these initiatives, conceived as "action to assist workers fleeing rural violence" was included in the "Programme for the Eradication of Slave and Degrading Labour" for the year 2001, under the "Pluri-annual Plan-PPA" for 2001-03.

8.  Also on the preventative front, the Government reports that the Ministry of Labour and Employment has held meetings with representatives of teachers in higher education who have offered to work in partnership in drawing up an agreement on providing medical and legal support through universities close to the areas where slave and degrading labour is prevalent. Information campaigns on the subject of such labour have already been established for university audiences. Again the Committee welcomes these preventative measures and asks to be kept informed as to their progress.

B. Punitive actions and strict enforcement of penalties

9.  The Committee referred previously to the paucity of penal sanctions that had been imposed on those responsible for the exaction of forced labour and recalled that the action of the labour inspectorate was in itself not sufficient to eradicate cases of forced labour unless it could rely on the support of a judicial system capable of imposing severe punishment on violators. In its previous observation, the Committee noted the adoption of Act No. 9777 providing for increased sanctions for activities related to the practice of forced labour. This Act modified sections 132, 203 and 207 of the Penal Code by supplementing section 149 of the same Code ("reducing someone to a condition analogous to slavery"). The Committee requested the Government to supply detailed information on the number of persons sanctioned under sections 132, 149, 203 and 207 of the Penal Code.

10.  The Committee notes the comments by the International Confederation of Free Trade Unions (ICFTU) of August 2000, transmitted to the Government in September 2000. These comments refer to information obtained by the Land and Countryside Commission and Anti-Slavery International, according to which Act No. 9777 was not being implemented and the action of the Mobile Inspection Group had not managed to bring those persons responsible to justice for having imposed forced labour. According to the statistics of the Ministry of Labour itself, between 1996 and 1999 only four persons were imprisoned for having imposed forced labour, despite the fact that during the same period the Mobile Inspection Group, in 25 operations, freed 1,266 workers found working in conditions of forced labour. According to the same report, the low level of legal proceedings could result from the labour inspectors only being able to impose administrative sanctions on finding evidence of forced labour, and having no competence to bring criminal proceedings against those responsible. The information is transmitted to the Attorney-General whose decision it is whether to initiate penal action. This procedure takes a considerable time, which reduces the possibilities for legal proceedings, since the freed workers generally leave the region to return to their homes or to find other sources of work. Moreover, the fact that the freed workers are not covered by immediate protection exposes them to threats and intimidation discouraging them from testifying at the proceedings.

In its previous observations, the Committee suggested to the Government to consider the proposal of the public labour prosecutors regarding the need to adopt specific and consolidated legislation on forced labour establishing both civil and criminal responsibility and giving the labour prosecutors the competence to bring criminal cases against persons who subject others to forced labour practices or degrading labour.

11.  The Committee notes from the Government’s report that it recognizes the need for a standardized framework of legislation to give force to the procedures in respect of the exaction of forced labour and the need for joint collaboration between the different bodies involved (Federal Prosecution Service, Labour Prosecution Service, Federal Police, the Labour Court and the Federal Court). The Government states that many cases, submitted by the Inspectorate of the Ministry of Labour and Employment, are at present before the Federal Attorney-General’s Office which must undertake the basic investigations necessary to commence criminal action before the federal courts, which are competent to act in cases of forced labour.

12.  The Committee hopes that the Government will communicate detailed information on the number of cases of forced labour brought before the Federal Attorney-General’s Office through the inspection services of the Ministry of Labour and the date when they were submitted. The Committee also hopes that the Government will supply information from the Federal Attorney-General’s Office on the progress and treatment of cases submitted by the Labour Inspectorate, particularly as regards the number and percentage of complaints which have resulted in criminal proceedings against the total number of complaints received through the inspection services. The Committee also hopes to receive the information requested in respect of the number of convictions imposed under Act No. 9777 and section 149 of the Penal Code.

13.  The Committee, whilst recognizing the improved measures taken by the Government to combat forced labour, again expresses its concern that the failure to apply effective sanctions, the impunity enjoyed by those responsible, the slowness of judicial processes and the lack of coordination between the various governmental bodies are an impediment to the effective eradication of this grave violation of the Convention.

14.  The Committee notes that the Government’s report does not contain the information requested regarding allegations of minors forced into prostitution in the state of Rondonia, made by the International Confederation of Free Trade Unions (ICFTU) in October 1999. The Committee recalled that work by children in conditions of debt bondage, including the forced prostitution of minors, comes within the sphere of application of the Convention and took note of the Government’s indication that it was giving priority to combating child labour.

The Committee hopes the Government will communicate information on the investigations which have taken place concerning these allegations and on any other measures which have been taken in this connection.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the detailed information supplied by the Government in its report, the information provided in reply to the comments made by the Latin American Central of Workers (CLAT) in October 1998, as well as the comments sent by the International Confederation of Free Trade Unions (ICFTU) in September 1999 which include information from Anti-Slavery International, the information supplied by the Government in its reply to these comments, which was received during the current meeting of the Committee, and data collected by two ILO missions during seminars on discrimination and forced labour held by the Turin International Training Centre in March and July 1999.

I. Information on forced labour practices

2. With regard to the comments sent by the International Confederation of Free Trade Unions (ICFTU) on 23 September 1999, transmitted to the Government on 7 October 1999, the Committee notes that the comments refer in general to the distressing situation of thousands of workers in various regions of the country, including over 3,000 female children who are said to be subject to debt servitude and forced to perform prostitution in the State of Rondonia.

3. In its reply to the comments of the ICFTU, the Government has supplied detailed information on the fight against child labour indicating that this is a human rights issue and that its eradication is a priority for the Government. The Government adds that the denunciations of child labour should not be analysed under the provisions of Convention No. 29 because child labour and forced labour occur in totally different contexts. The Government also indicates that the cases of forced labour detected mostly involve adult men without families and that the number of women and young people is negligible and the presence of children virtually inexistent. This is explained by the type of work in which most cases of forced labour are identified, namely deforestation for stock raising and clearing of pastures for the establishment of farming projects, and by the conditions of geographical isolation in which these workers live.

4. The Committee takes due note of the indications supplied by the Government. As regards the distinction to be drawn between the forced labour of children and child labour in general, the Committee earlier indicated that the question arises, with regard to Article 2(1) of the Convention, whether, and if so, under what circumstances a minor can be considered to have offered himself "voluntarily" for work or service, whether or when the consent of the parents is needed or even sufficient in this regard, and what are the sanctions for refusal.

5. It appears to the Committee that the work of children in conditions of debt bondage, including the forced prostitution of minors, fall within the scope of the Convention. While noting with interest the Government's indications that the fight against child labour is one of its priorities, the Committee hopes that the Government will take appropriate measures to investigate fully the allegations of debt bondage of minors forced into prostitution in the State of Rondonia and that it will supply full information on the results of such investigation and any further measures taken.

II. Enforcement of the prohibition of forced labour

6. The Committee notes that the comments sent by the CLAT in October 1998, supplementary to the representation submitted in February 1993, refer to the impunity of those who impose forced labour, delays in judicial procedures, the failure to apply sanctions, the lack of coordination between public bodies and the support of certain political sectors for those responsible for the exaction of forced labour. The CLAT indicates that all these problems demonstrate that the measures adopted by the Government have not been sufficient to solve the problems of applying Conventions Nos. 29 and 105. The Committee notes the detailed information supplied by the Government in reply to the CLAT's comments, in a communication dated 18 February 1999.

7. The Committee recalls that under Article 25 of the Convention the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation on the Government to ensure that the penalties imposed by law are really adequate and are strictly enforced.

(a) Penalties provided in legislation

8. In its previous observation, the Committee expressed its concern at the absence of effective legislation commensurate with the situation for combating forced labour, which would consolidate the various aspects of "degrading labour", including the concept of forced labour. On this matter, the Committee notes that Bill No. 929 of 1995 to which it referred in its previous observations was adopted as Act No. 9777 of 29 December 1998, amending sections 132, 203 and 207 of the Penal Code. This Act supplements section 149 of the Penal Code (reducing someone to a condition analogous to slavery) by:

-- increasing by one-sixth to one-third or more the penalties of imprisonment between three months and one year for anyone who endangers the life or health of another person as a consequence of transporting workers in violation of legal provisions for the purpose of subjecting them to illegal labour practices (section 132 of the Penal Code);

-- a penalty of imprisonment of between one and two years (formerly, the penalty was from one month to one year) for anyone who forces workers to use or consume products sold by a specific establishment to oblige them to contract a debt preventing them from leaving their employment when they so wish (section 203 of the Penal Code);

-- a penalty of imprisonment of from one to three years (formerly, the penalty was from two months to one year) and a fine to anyone who fraudulently recruits workers from outside the locality in which the work will be performed or exacts payment from the worker or fails to provide his return to the place of origin (section 207 of the Penal Code). These penalties are increased if the victims of the violations are minors, elderly people, pregnant women or indigenous people, or if they suffer from any physical or mental disability.

9. The Committee notes that most of the situations of forced labour found in the country have similar common characteristics such as misleading contracts ("enticement"), the impossibility for workers to leave their employment when they so wish because they have contracted debts in the employer's shops and because the workers are forced to pay for their work tools, lack of freedom to leave the employment because it is often in remote places with difficult access, confiscation by the employer of the worker's personal documents (identity and employment cards), ill-treatment inflicted on the worker which sometimes results in death, and long working days of up to 18 hours without water or proper food. The Committee notes with satisfaction that the adoption of Act No. 9777 has solved certain problems of qualification and provided the possibility of punishment with increased penalties for conduct related to forced labour practices.

(b) Strict enforcement of penalties

10. In its previous observation, the Committee noted that few penal sanctions had been imposed on those responsible for the exaction of forced labour. The tripartite Governing Body Committee which examined the representation submitted by the CLAT moreover observed that in the few cases where persons responsible for exacting forced labour had been convicted, these had been intermediaries or small owners or leaseholders, while the owners of large estates or enterprises using the "services" of "third party" enterprises or individual intermediaries for conducting part of their production activities under conditions of forced labour went unpunished. The Committee noted that a penalty of confiscation of the lands of persons who exact forced labour and who are recidivists, may be imposed after declaring these properties to be of public interest for the purpose of agrarian reform. The Committee notes that several estates have been declared to be of public interest. Nevertheless, according to information from Anti-Slavery International supplied by the ICFTU, the penalty of confiscation has been imposed only once, in the case of the "Flor da Mata" estate in the State of Pará, and the owner was compensated for the loss of his land, which largely eliminates the dissuasive nature of the penalty. The Committee also notes that the sentence of two years' imprisonment that was imposed on an employer for violation of section 149 of the Penal Code, to which it referred in its previous observation, was commuted to carrying out community service without deprivation of freedom.

11. On this matter, the Committee recalls that the actions of the labour inspectorate are not sufficient in themselves to combat and suppress cases of forced labour found in a particular country unless they can rely on the support of a strong judicial system capable of imposing severe punishment on violators within a reasonable period of time. The Committee notes the information contained in the Government's report in reply to its previous observation, to the effect that some progress has been made in speeding up the trials of persons accused of subjecting others to forced labour. As an example, the Government refers to the fact that in many cases locating witnesses had been difficult and had delayed the procedures, and that at present in the State of Marabá cases are investigated on the basis of information collected by labour inspectors and federal police agents who take part in inspection operations. The Government also states that when the labour inspectorate identifies forced labour practices, the Ministry of Labour applies the administrative sanctions within its competence and, where it believes that a penal offence has been committed, it transmits the cases to the Federal Attorney-General's office which takes the necessary legal measures. The Committee suggests to the Government that it take into consideration the proposals of the public labour prosecutors who took part in the abovementioned seminars to consider the possibility of adopting specific and consolidated legislation on forced labour establishing both civil and criminal responsibility in such cases and giving the labour prosecutors the necessary competence to bring criminal cases against persons who subject others to forced labour practices. In the Committee's opinion, this could contribute to resolving the problems encountered through the apparent lack of coordination between the various bodies and would facilitate rapid and concerted action, resolving the extreme slowness of the judicial process.

12. The Committee hopes that the Government will supply detailed information in regard to the application in practice of the new legal provisions, the number of persons who have been sentenced or brought before the courts for violation of sections 132, 149, 203 and 207 of the Penal Code and the latter's general impact on combating forced labour.

13. The Committee observes that on various occasions the Government has expressed its intention to eradicate forced labour in the country and, for this purpose, has taken certain measures to improve application of the Convention, particularly the establishment of the Executive Group for the Abolition of Forced Labour (GERTRAF) and of the special labour inspection groups and the adoption of new legislation which covers certain conduct related to the practice of forced labour. Nevertheless, it notes that the failure to apply effective sanctions, the impunity enjoyed by those responsible, the slowness of judicial processes and the lack of coordination among the various governmental bodies in the campaign against those responsible for exacting forced labour hinder the effective eradication in a reasonable time of this scourge. The Committee urges the Government to renew its efforts at all levels to eradicate throughout the country, once and for all, the practice of forced labour. It hopes that the Government will soon report improvement and progress in these areas.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the detailed information provided by the Government in its report, as well as the discussion which took place at the Conference Committee on the Application of Standards in 1997. The Committee is also concerned about the reports from the Inspection Secretariat which reveal the degrading circumstances in which forced labour is exacted in haciendas around the country, and particularly in rural areas. These circumstances include 18-hour working days, physical abuse, grossly inadequate nutrition and water supplies, lack of proper protective equipment, no toilet facilities, and supplying alcohol to workers to encourage them to work. The Committee also notes the comments on the application of Conventions Nos. 29 and 105 sent shortly before the Committee's meeting by the Latin American Central of Workers (CLAT), to the effect that the Government has not succeeded in eradicating forced labour and that serious problems persist in labour inspection, the imposition of adequate penalties and the protection of witnesses.

2. In its previous observation, the Committee requested the Government to supply information regarding the measures taken to follow up the recommendations approved in November 1995 by the Governing Body in its tripartite examination of the representation made by the CLAT under article 24 of the ILO Constitution, alleging non-observance by the Government of Brazil of Conventions Nos. 29 and 105 (document GB.264/16/7). The Committee notes that, in its conclusions, the Conference Committee endorsed the recommendations approved by the Governing Body. The Conference Committee observed that, despite the action that had been taken at federal level and in a number of States with a view to eradicating forced labour, there remained serious deficiencies in the practical application of these Conventions. It noted the establishment by the President of the Republic of the Executive Group for the Abolition of Forced Labour (GERTRAF), for the purpose, as the President said, of defining really severe sanctions for anyone who makes Brazilians into slaves.

3. Having regard to the serious nature of the allegations, the Committee hopes that the Government will provide a detailed reply to the comments made by the CLAT and information on the measures taken or contemplated to apply the Convention.

Article 25 of the Convention

4. In its conclusions on the aforementioned representation, the tripartite committee set up by the Governing Body observed that the allegations claiming that the proceedings initiated have been slow, were well-founded and that few penal sanctions had been imposed on those responsible for the exaction of forced labour. The tripartite committee also observed that the few people who had been convicted of exacting forced labour had been intermediaries or small owners and leaseholders, while the owners of large haciendas or enterprises using the "services" of "third party" enterprises or individual intermediaries for production activities conducted under conditions of forced labour went unpunished. In this regard, the Government reiterates in its report that, because legislation contains no definition of the concept of slave labour referred to in section 149 of the Penal Code, there are major practical difficulties in imposing more severe penalties on persons guilty of exacting forced or compulsory labour. The Government has provided copies of a number of court judgements but there was only one decision by which an employer was sentenced to two years' imprisonment for contravening section 149 of the Penal Code.

5. However, the Committee notes with interest the copies forwarded by the Government of various Presidential Decrees declaring the haciendas of some owners, who have been guilty of degrading labour practices, to be of public interest for the purpose of agrarian reform. Such declarations have resulted in the haciendas being confiscated from the owners to be transferred to the agrarian reform system for later possible distribution to other farmers.

6. The Committee trusts that the Government will take the necessary measures to ensure, in accordance with the Convention, that the relevant provisions of national legislation are amended so that the definition of slave labour covers forced labour and effective penalties can be imposed on persons found guilty of exacting forced labour, particularly in rural areas. The Committee requests the Government to provide detailed information on this matter, particularly as to the practical aspect of the presidential Decrees.

7. The Committee previously noted that a number of trials initiated in 1994, 1993 and some in 1991, involving allegations of relevance to the Convention, were still in progress. The Government's information confirms that the judicial authorities are acting towards punishing cases of the use of forced labour but must follow existing procedures. In this regard, the Committee notes the extreme slowness of the judicial process which, in many legislative systems, would amount to a denial of justice and in addition the Committee notes that this slowness could in practice result in the deterrent effects hoped for being negated. The Committee requests the Government to inform it of any measures taken to expedite the trials that are still in progress and the outcome of such trials.

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2

8. The Committee recalls the information provided previously on the possibility of drawing up a consolidated Bill which would allow more adequate treatment of the various aspects of "degrading labour", which includes forced labour. While expressing its concern at the absence of effective legislation for combating forced labour, the Committee again expresses the hope that the Bills currently under consideration will result very soon in the adoption of a text and requests the Government to provide a copy of the Bills as soon as they have been adopted.

9. The Committee notes that the Inspection Secretariat is reinforcing its role to combat forced labour by expanding the rural inspection teams and is directing inspection activities to areas where rural workers are recruited in order to inform and educate employers about the rights of workers who are to be recruited. The Committee also notes the publication of Regulation No. 101 of 12 January 1996 which allows mobile inspection teams to apply to the National Institute of Settlements and Agrarian Reform (INCRA) to expropriate rural land for the purpose of agrarian reform in cases of repeat offences of "degrading labour" practices. An additional 1,000 agents have been recruited; there is currently a total of 3,192 agents at national level and more inspectors are to be recruited this year. The Committee also notes that the activities of the Mobile Inspection Service covered 112,551 workers in 370 undertakings between 1996 and 1998, and that the number of inspections carried out at rural workplaces increased from 1,628 in 1995 to 5,858 in 1996 and 9,737 in 1997. The Government points out that the civil institutions (including trade unions) have joined forces in the fight against forced and "degrading labour" and reports such practices to the Ministry of Labour which immediately notifies teams of the Special Mobile Inspection Service. The Committee requests the Government to provide detailed information on the activities of the labour inspectorate in the fight against forced labour, in particular in rural areas. It also requests the Government to keep it informed of any measures to protect the work of inspectors in areas with a high incidence of forced labour practices.

[The Government is asked to report in detail in 1999.]

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the detailed information supplied by the Government in its report as well as the discussion which took place at the Conference Committee on the Application of Standards in June 1996.

1. In its previous observation, the Committee requested the Government to supply information regarding the measures taken, at federal level and in the various states, to follow up the recommendations made by the Committee set up by the Governing Body to examine the representation made by the Latin American Central of Workers (CLAT) under article 24 of the ILO Constitution, alleging non-observance by the Government of Brazil of Conventions Nos. 29 and 105 (document GB.264/16/7).

Further to its previous comments and to the conclusions and recommendations in the report of the Committee set up by the Governing Body to examine the representation, the Committee noted that the problems referred to constituted serious violations to Convention No. 29 since thousands of workers were in a situation of complete dependence, in conditions of debt bondage, forcibly prevented from terminating their employment relationship which they entered into under false pretences, which continued in conditions which are not in keeping with the agreements made nor in compliance with the laws of the country, and which, in addition, they cannot terminate without running the risk of suffering ill-treatment, torture, harassment and sometimes death. Furthermore, such a situation is not in conformity with the obligation contained in Article 1(b) of the Abolition of Forced Labour Convention (No. 105) that forced labour shall not be used for purposes of economic development. The Committee observed that, despite the action taken at federal level and in some states with a view to eradicating forced labour, there remain considerable shortcomings in the application of Conventions Nos. 29 and 105.

The Committee noted the establishment of the Executive Group for the Abolition of Forced Labour (GERTRAF), instituted by the President of the Republic, for the purpose, as he said, of defining really severe sanctions for anyone who makes Brazilians into slaves.

Article 25 of the Convention

2. In the conclusions of the report on the representation, the Committee observed that the allegations claiming that the proceedings initiated have been slow are well-founded and that few penal sanctions have been imposed on those responsible for the exaction of forced labour. The Committee also observed that the few people who have been convicted of exacting forced labour have been intermediaries or small owners and lease-holders, while the owners of large haciendas or enterprises using the "services" of "third-party" enterprises or individual intermediaries for production activities conducted under conditions of forced labour went unpunished. The Committee observed, moreover, that the phenomenon of "tertiarization" favoured the impunity of those who ultimately benefited most from the practice of forced labour.

The Committee noted that the conclusions relating to the matter of sanctions, according to which "although the Government's response to the allegations shows that it has taken steps to combat forced labour", there is no evidence of compliance with Article 25 of Convention No. 29 which provides that "The illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced".

In this regard, the Government refers in its report to the difficulty of imposing penalties which stems from the fact that legislation has not defined the concept of slave labour of section 149 of the Penal Code; this lack of clarity regarding the meaning of slave labour has, in many cases, prevented the establishment of boundaries between slave labour properly speaking and other forms of labour which, despite being carried out in extremely arduous conditions, do not have the characteristics of slave labour.

Legislative measures

3. With a view to finding a solution to this problem of defining the various situations included in the concept of slave labour, a Bill is being examined by the GERTRAF (Executive Group for the Abolition of Forced Labour); this Bill defines degrading labour as labour which violates human dignity such as occurs in the following situations: slave labour or labour analogous to slave labour; forced labour, except in the situations envisaged in the law; the exaction of services which exceed the physical capabilities of the worker; the exaction of service from employees who are younger than the minimum age laid down in law; work carried out in unhealthy, arduous or dangerous conditions, without means of avoiding them; work carried out in conditions which generally do not comply with labour legislation, particularly the regulations concerning health, hygiene, safety and working hours; work carried out in humiliating conditions or under guard or which gives rise to corporal punishment; work done for wages lower than the minimum legal wage; the exploitation of activities prohibited by the law such as prostitution, gambling, smuggling and organized crime. The first paragraph lays down that characterization of the situations mentioned is independent of the link established between the parties, consideration being given only to the service provided, irrespective of its modalities and designation. Section 2 provides administrative penalties for anyone found responsible for exacting degrading forms of labour, without prejudice to the penal sanctions to which the situations under examination may give rise. The Bill provides that anyone who submits workers to degrading forms of work may not: obtain loans, finance, exemption from interest or similar benefits from official credit institutions and the public administration; take part in bidding at public calls for offers or conclude contracts with public bodies; receive any subsidy, incentive or benefit granted directly or indirectly by the public administration. Section 3 provides for the publication by the Ministry of Labour in the Official Gazette of a list of legal and natural persons for the purposes of applying the law.

The Ministry of Labour has also transmitted to the GERTRAF a proposal for a constitutional amendment making it possible to expropriate landowners who use degrading labour.

In connection with the Committee's observations relating to the impunity of enterprises that use a subcontracting system, another Bill, No. 929 of 1995, is before the Congress; it was formulated by the National Forum Against Rural Violence which brings together representatives of the National Confederation of Agricultural Workers (CONTAG), the Pastoral Commission on Land (CPT), the Secretariat of the Ministry of Labour Inspectorate, the Federal Public Ministry and the Public Ministry of Labour, the Commission on Human Rights and Agriculture and the Subcommission on Slave Labour of the Chamber of Deputies, and lays down prison sentences applicable for conduct provided in law, including:

- recruiting workers directly or indirectly from outside the locality in which the work will be performed, retaining from wages the cost of transport, lodging or any advance payment without guaranteeing facilities for returning to the place of origin (section 2);

- transporting workers in violation of legal regulations, thereby placing workers' life or health in danger (section 3);

- forcing workers by means of trickery (engaño), or through physical or psychological coercion, to work or to remain working in an enterprise or activity of whatever nature. The retention of documents, lack of a written contract or entry in the register and signing of blank documents are all considered trickery (section 6);

- maintaining workers in a state of slavery or conditions analogous to slavery, as well as selling, buying or taking part in transactions whose purpose is to force people to work in a state of slavery or an analogous condition.

The penalties provided are increased if the victims are minors, pregnant women, indigenous people or mentally deficient or insane.

In its report, the Government indicate that GERTRAF is studying the possibility of merging the two texts mentioned above into a single Bill.

Inspection

4. The Committee requested the Government to supply information on the measures taken to reinforce the inspection system and to ensure the systematic and diligent investigation of complaints of forced labour.

The Committee notes Ministerial Decree (Portaría) No. MTb 369 of 29 March 1996, supplied by the Government, which establishes six regional coordination bodies linked to the national coordination body and directed by the National Inspection Secretariat. According to the Government, the adoption of this regulation has allowed a process of decentralization of the Flying Inspection Service to provide greater flexibility and efficiency in the combat against slave labour.

The Committee notes with interest the information provided in relation to the 83 enterprises inspected in 1995, in different sectors and regions of the country, and the inspections carried out by regional labour delegations in the rural areas of the municipalities of Santa Terezinha (MT), Vila Rica (MT), Ariquemes, Costa Marques, Jamari, Jarú, Ji-Paraná, Sao Miguel and Montenegro (Rondonia), in the charcoal works in the north of the state of Minas Gerais and Mato Grosso del Sul, in Alagoas, especially in the sugar-cane cutting sector and in Lucas do Río Verde and Tapurah (MT). The Committee also notes with interest the activities of the Special Flying Inspection Group which has resulted in greater effectiveness of the inspection system and of the judicial proceedings initiated on the basis of the inspection reports of this Group. The Committee observes that workers' organizations such as the National Confederation of Agricultural Workers (CONTAG), the Unitarian Central of Workers (CUT) and various regional trade unions have demonstrated their support for the activities of the Special Flying Inspection Group and the persons in charge of it, who have received threats in the performance of their duties.

Slowness of proceedings

5. The Government indicates in its report that the judicial authorities are acting towards punishing cases of use of forced labour, and stresses that, in the search for justice, existing procedures must be followed.

The Committee observes that, according to the detailed information supplied by the Government, numerous trials initiated in 1994, 1993 and some in 1991 are still in progress on this matter. The Committee notes the extreme slowness of the process which, for many legislations, would amount to a denial of justice.

6. The Committee trusts that the Government will continue to take the necessary measures to ensure that, in conformity with the Convention and with the relevant provisions of national legislation, penal sanctions are imposed on anyone declared responsible for the exaction of forced labour, and that it will supply copies of the judicial decisions handed down.

The Committee also requests the Government to supply information regarding the activities carried out within the integrated programme for the repression of forced labour, under GERTRAF, and in regard to the measures taken to speed up the procedures in pending cases.

The Committee hopes that the Bills at present under examination will lead to the speedy adoption of an instrument which makes it possible to clarify the various concepts of slave labour and forced or degrading labour, and that the Government will supply a copy of the texts once they have been adopted.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee referred in previous comments to the situation of thousands of workers, including minors, subjected to forced labour, in conditions of debt bondage, to the use of false promises of recruitment and the use of violence to punish and detain anyone attempting to escape in various sectors of the rural economy and in mining.

The Committee has suspended examination of this matter while awating the conclusions of the tripartite committee set up by the Governing Body to examine the representation made in 1993 by the Latin American Central of Workers (CLAT) under article 24 of the ILO Constitution alleging non-observance by Brazil of Conventions Nos. 29 and 105.

At its session in November 1995, the Governing Body adopted the report of the Committee set up to examine the representation (document GB.264/16/7) whose recommendations include follow-up of these matters by the Committee of Experts on the Application of Conventions and Recommendations.

The Committee notes the report of the Committee set up to examine the representation (GB.264/16/7).

The allegations

The allegations examined by the Committee refer to the situation of many workers, in various sectors of the rural economy, who are subjected to forced labour and debt bondage, are recruited on the basis of false promises, transported from their places of origin or residence, confined to workplaces which are isolated or difficult to reach, have their work papers taken away from them, are forced to work in subhuman conditions, in many cases without a wage and sometimes only in exchange for poor food, work long hours, are housed in precarious, unhealthy and unsafe accommodation, and are forcibly prevented from terminating their employment relationship by acts of physical and moral violence.

The Committee notes the allegations contained in the report regarding aliciamiento which entails inducing workers to accept their transfer from one part of a national territory to another. This form of recruitment, which is illegal under section 207 of the Penal Code of Brazil, is used by the so-called "gatos" who by deceitfully promising good wages to workers in regions of widespread unemployment and poverty pursuade them to move to places far from their places of origin or residence. The transfer of labour increases the vulnerability of workers, who in many cases do not know exactly where they are working, and facilitates coercive practices. When the workers reach these places they find they have contracted a "debt" in respect of the advance partial payment made, their transportation, food, tools, etc. At the workplace the debt increases because the only source of food essential to their survival is the company store. Repayment of the debt means that workers can be kept working for months or even years without a wage.

The Committee also notes that the testimony of workers, presented by the CLAT, refers to practices of retention of documents, corporal punishment, torture and death threats, to prevent the worker from leaving the workplace.

The CLAT alleges that the practice of forced labour is closely linked to the modernization of agriculture in the country and the actual financial system in agricultural activities.

In an attempt to modernize and develop the region, tax incentives have attracted to the countryside large financial and industrial groups, which have been granted tax reductions of up to 50 per cent provided that two-thirds is invested in agricultural or industrial projects in the "Legal Amazon". These groups include national banks such as Bradesco, BCN (Labour Credit Bank), Banco Real, Banco Bamerindus, and multinational corporations such as Volkswagen, Nixdorf and Liquigaz. Since the volume of resources depended on the size of the land, such projects resulted in the financing of large estates and a worsening of the problem of land concentration, which in the end encouraged the exploitation of rural workers and it cited as an example the case of the Reunida and Alto Rio Capim farms owned by Bradesco in which it stated that there was slave labour. The CLAT alleges that the highest concentration of cases involving slave labour has been recorded in areas in which development projects such as the Carajas programme of the World Bank have been implemented.

The allegations indicate that charcoal production, tree felling, deforestation and reforestation activities, alcohol manufacture and agricultural activities for the cultivation and harvesting of coffee and tomatoes are the main sectors of the economy in which cases of forced labour have been observed.

According to the CLAT, slave labour in the country is concentrated in charcoal production. In its report, the Committee set up to examine the representation notes the information contained in the report submitted by the ILO official who took part in a fact-finding mission to the charcoal production works of Mato Grosso do Sul according to which it is obvious that the woodcutters and the workers responsible for the ovens are subject to debt bondage. The same report indicates that the working day exceeds 12 hours, in thick smoke, that there is a high rate of lung infection due to the smoke and environmental pollution, and that the intense heat causes inflammation of the eyes and loss of vision within a few years. The worker's wife and children also work in the same conditions to increase output. The children remove the charcoal from the ovens where they are exposed to considerable risk, and there are countless accidents with the shovels they use. The workers are housed some 30 metres from the ovens, there is smoke everywhere, there are no beds, and the workers and their families sleep on wooden planks.

The National Confederation of Agricultural Workers (CONTAG), in observations made in June 1994, refers to the causes it believes give rise to the situation in the charcoal works in the northern region of the state of Minas Gerais, which include the concentration of land ownership, lack of agrarian reform, widespread penetration of reforesting activities and lack of inspection.

According to the CLAT, deforestation has been used as justification by various financial groups to obtain large tax benefits under the programmes of international financial organizations. The use of intermediaries responsible for deforestation by such groups ensures that workers are kept at a distance in legal terms from the economic interests involved in such projects; but the slave labour present in this sector of activity is linked through a complex network of relationships to major financial groups.

The CLAT also alleges that trials are subject to delay, the inspection system is ineffectual and those responsible act with impunity.

The Government's observations

The Committee notes the observations provided by the Government in relation to the allegations set out in the report. The Committee observes that various programmes and commissions have been established with the specific task of combating forced labour: the Programme for the Eradication of Forced Labour (PERFOR) in 1992, the National Labour Board (set up under the Ministry of Labour) and within this Board, the Committee for the Elimination of Slave Labour made up of representative organizations of employers and workers, state bodies and civil organizations and in June 1995 the Executive Group for the Abolition of Forced Labour (GERTRAF).

In regard to the inspection system, the Committee notes that the Government provides summary tables of the inspection carried out into the cases of forced labour reported and of Interdepartmental Directive No. 01 of 23 March 1994 on inspection procedures in the rural area which lays down the criteria under which a situation can be described as slave labour and it can be considered that there is evidence of aliciamiento (illegal transfer of workers to other parts of the country).

The Government also indicates that a number of seminars have been held on the topic of forced labour including those organized by the Working Committee of Administration and the Public Service, with the participation of the CPT (Pastoral Commission on Land), the CONTAG (National Confederation of Agricultural Workers), the CUT (Unitarian Central of Workers), the Attorney-General and a dozen Members of Parliament. The conclusions of the seminar noted the slowness of the judiciary and the Ministry of Labour, difficulties linked to the imprecision of the concept of slave labour and the problem of attributing competence, the failure to punish the authors of the crimes and the lack of joint action between the public authorities and civil bodies.

The Government also supplied information on the inspection carried out in alcohol distilleries which were denounced for the practice of slave labour and in the estates producing soya and tomatoes. The Government also communicated the report of the Secretary of State of Justice and Citizenship of the state of Espíritu Santo (1993) concerning the complaint lodged by SINTRAL (Trade Union of Forestry and Firewood Workers in the north of the state) which contained the conclusions of the investigation conducted by the officials responsible for looking into the complaint which revealed the existence of real slave labour; the same report indicated that the phenomenon known as "tercerizaçao" (recruitment of workers by a third party) encourages the exploitation of workers in conditions of slavery and noted the impunity of the large enterprises that profit from such practices.

In September 1994, the Government supplied the reports of the inspection carried out into the cases reported by the complainant organization. The Committee noted that for the most part, even where the inspection confirmed the existence of slave labour, mere fines were imposed or deadlines for regularizing the situation, subject to fines in case of non-compliance.

The Committee notes that in its report of 1995 on rural conflicts in 1994, the Pastoral Commission on Land indicates that the figures relating to cases of slave labour in 1994 show a worsening of the situation. The number of victims rose from 19,940 in 1993 to 25,193 in 1994 which can be attributed to the cases of slave labour observed in various charcoal-producing plants in the region of Montes Claros in Minas Gerais which involved 10,000 workers and six municipalities of Mato Grosso do Sul which involved 8,000 adults and 2,000 minors. The case of minors engaged in heavy labour in the countryside was, according to the CPT, the most significant and alarming in 1994. With reference to the use of violence to exact forced labour, the report refers to various cases in which the persons denounced by workers who have given evidence are identified. In the case of the coffee estate of Santa Teresa in Espíritu Santo the workers have reported that they work under threat of corporal punishment and the case of a worker aged 65 years old who was beaten and seriously injured by the overseer because he asked to return to his place of origin. In the Livramento estate (Rondonia), the murder of workers has been reported; at the Estrela de Maceio estate (Santana do Araguaia), a worker gave evidence on the use of corporal punishment in the case of a worker (answering to the name of "Negao") who tried to escape. The worker was brought back to the estate by the manager and threatened with death and has not been seen since then. At the Vila Rica estate, a guard was discussing with other guards having murdered a worker. At the Tervoy estate, the murder of one worker and the paralysis suffered by another worker as a result of being shot in the spine have been reported. At the Santa Maria (Rondonia) estate, an armed militia is maintained to prevent escape; five workers are missing. At the Castanhal estate, armed guards threaten with death anyone trying to escape and murders of workers have also been reported at the Peralta estate. Workers' families at the Bannach estate (Rio Maria, Pará) reported the disappearance of two workers. In the report the case of the distillery Alcool do Pantanal Ltd., affiliated to Alcopan (cane-producers' cooperative of Poconé, Mato Grosso), is also cited in which, according to the Regional Labour Delegation responsible for inspection, 500 workers including a 14 year old girl were subjected to excessively long working days, could leave the place of work only with authorization and worked under the custody of armed "gatos". The report mentions similar situations in the estates of Tapete Verde (Pará), Cabeça de Egua (Sao Felix do Xingú) and Adao.

The Pastoral Commission on Land (CPT) also refers in its report to variations in the conduct of the labour authorities in different states and the effect this has on the eradication of slave labour. The CPT states that the Standing Commission for Investigation into Working Conditions in the Charcoal Works and Alcohol Distilleries of Mato Grosso do Sul (set up in 1993 and composed of 11 state secretariats and government bodies and 16 non-governmental organizations) investigates cases seriously. Three public civil investigation procedures have been established by the Regional Labour Attorney's Office in relation to reports of exploitation of indigenous labour in the charcoal producing works and alcohol distilleries. In Minas Gerais, the Regional Labour Delegation (DRT), in collaboration with the Ministry of Labour and the Federation of Workers in Agriculture (FETAENG), inspected around 110 workplaces and noted 125 violations. In May 1994, the Legislative Assembly established a Parliamentary Commission of Inquiry to investigate the situation of workers in the charcoal producing sector and in June a report was published in which five types of slave labour were described. In December, the Commission proposed in its conclusions joint inspection by the Ministry of Labour, Secretary of State, rural workers' and employers' trade unions and the adoption of specific legislative provisions to oblige enterprises to apply labour laws. Furthermore, an agreement was signed in the Regional Attorney's Office with 25 mining companies in which they undertook to take direct responsibility for the contracting firms in administering workers. The report states that the regional labour delegate who carried out the inspection was dismissed in 1994. In the State of Pará the situation was different. According to the CPT, in the report of the Regional Labour Delegation of Pará on investigation of cases of slave labour in 1993, it was found that there were no cases of slave labour in the 15 cases reported. The CPT rejected these conclusions and reported to the DRT of Pará that in the case of the Uniao (Agua Azul) estate, the existence of slave labour had been confirmed by a delegate of the Xinguara civil police who had collected statements from six fugitives. The DRT of Pará admitted it had not inspected either the Uniao estate nor the Santa Cristina estate, in Santana do Araguaia.

The report states that the civil police freed enslaved workers at the Santa Maria estate (Corumbiara) and detained the owners who were released on bail the following day.

The CPT considers moreover that adoption of the instruction laying down standards for inspection procedures in the rural area and the Bill reforming the Penal Code have been important steps in the fight to eradicate slave labour.

The Committee notes with interest the wealth of information provided by the Government on this matter.

The Government supplied the summary table of the investigation of reports of forced labour in 1994. The Committee observes that of the 38 cases investigated, four led to the lodging of a civil action and two to public investigation; in one case (Santa Teresa estate, Marabá) a manager who admitted he had beaten a worker and an armed guard were detained; in the Acapulco (Xinguara) estate a "gato" was detained for being in possession of three firearms.

The Committee notes that the conclusions in the inspection reports do not refer to the situation of the worker in relation to "debt bondage" and refer in the majority of cases to serious violations of labour legislation. The Committee observes that this document does not contain information about the penalties which have been imposed. In the case of the Santa Teresa estate, the conclusions of the report note complete failure to apply labour legislation, the existence of dreadful conditions of hygiene and housing (plastic huts, promiscuity), the fact that food is supplied by the estate canteen without the worker being informed of its price, that the workers are supervised by armed guards and the confirmation from the manager that he had beaten a worker. In the case of the Rio Negro estate, the inspectors were informed that a "gato" (who was identified) who had now left the estate had murdered two workers and that a complaint had been made to the civil police.

The Commission notes the establishment of the Special Flying Inspection Group by Ministerial Decree (portaria) 550 MTB of 14 June 1995 directly dependent on the Inspection Secretariat of the Ministry of Labour. This group has conducted inspections in the charcoal works of Mato Grosso do Sul and in the southern region of the Pará state at the period when workers are often engaged to clean land.

The Government indicates that another measure taken is the establishment of a working group to revise Inter-Secretariat Instruction No. 01 of 1994 on inspection procedures in rural areas. The Government adds that despite the fact that this standard initiated a new phase in the prevention and abolition of forced labour, experience has demonstrated the need to give labour inspectors guidance so that in inspection reports they supply the information allowing judicial proceedings to be initiated.

With reference to coordination with other bodies and units, the Ministry of Labour has acted in the framework of the agreement signed in November 1994 with the Federal Public Prosecutor, the Public Procurates for Labour and the Federal Police in jointly discussing, planning and evaluating the Government's action designed to prevent and abolish forced labour. The Ministry of Labour has also participated in monthly meetings of the National Forum against rural violence, consisting of governmental and non-governmental bodies such as the Pastoral Commission on Land (CPT) and the National Confederation of Agricultural Workers (CONTAG). At these meetings, reports were presented and the inspection and supplementary action strategies were discussed.

In addition, in order to solve the problem of transfer of workers, which encourages the practice of forced labour, the Ministry of Labour signed a Convention with CONTAG in the framework of the United Nations Development Programme (UNDP) with the aim of conducting a study (currently in progress) on the sending and receiving areas of rural workers.

The Government also indicated the establishment of the Executive Group for the Abolition of Forced Labour (GERTRAF), instituted by the President of the Republic in June 1995 and consisting of representatives of the Ministries of Labour, Justice, the Environment, Water Resources and "Legal Amazon", Agriculture, Agrarian Reform, Industry, Trade and Tourism which will have competence to formulate, apply and supervise a programme to abolish forced labour, to coordinate the action of the competent bodies for abolishing forced labour, to act jointly with the ILO and with the Public Prosecutors' Offices of the Union and of the States for the purpose of strict application of the pertinent legislation and the formulation of the necessary legal instruments to establish the programme for the abolition of forced labour.

The Committee had noted the provisions of sections 184 and 186 of the National Constitution under which rural premises which are not fulfilling their social function can be commandeered; this may be done by application of the provisions which govern the labour relationship. The Committee had also noted section 149 of the Penal Code which provides for a prison sentence of from two to eight years for anyone who reduces a person to conditions similar to slavery and section 207 of the Code which provides for a prison sentence of between two months and one year for anyone who transfers people to and from one part to another of the national territory.

The Committee notes that in its conclusions the Committee set up to examine the representation alleging non-observance by Brazil of Conventions Nos. 29 and 105, in the light of the provisions of these Conventions, after examining the allegations submitted by the complainant organization, extensively documented by information from the national trade unions, the National Confederation of Agricultural Workers (CONTAG), the Unitarian Central of Workers (CUT), the Labour Inspectors' Association (AGITRA), the Pastoral Commission on Land, Brazilian and international non-governmental organizations such as Anti-Slavery International and Americas Watch and by government observations, official inspection reports, documents from various public authorities and press articles, reached the conclusion that the allegations that thousands of workers, including minors, in certain regions and types of enterprise, are subjected to forced labour by means of debt bondage are well-founded and that this situation is in violation of Conventions Nos. 29 and 105 which have been ratified by Brazil.

In its conclusions, the Committee also observes that the allegations that the proceedings initiated have been slow are well-founded and that few penalties have been imposed on those responsible for the exaction of forced labour. The Committee further observes that the few people who have been convicted of exacting forced labour have been intermediaries or smaller owners and lease- holders, while the owners of large estates or enterprises that use the "services" of "third party" enterprises or individual intermediaries for production activities that are conducted under conditions of forced labour have gone unpunished. The Committee observes, moreover, that the phenomenon of "tercerizaçao" (recruitment of workers by a third party) favours the impunity of those who ultimately benefit most from the practice of forced labour.

The Committee notes the conclusions on the question of sanctions that "although the Government's response to the allegations shows that it has taken steps to combat forced labour, it does not show any evidence of compliance with Article 25 of Convention No. 29, which stipulates that the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced'".

The Committee notes that the Government's reports on Conventions Nos. 29 and 105 contain no information about penal sanctions actually imposed on those responsible for exacting forced labour.

The Committee observes that, despite the action taken at federal level and in some States with a view to eradicating forced labour, there are considerable shortcomings in the application of Conventions Nos. 29 and 105. The problems raised imply serious violations of Convention No. 29 since thousands of workers who are in a situation of complete dependence, work under conditions of debt bondage, unable to terminate their employment relationship which was begun on a false basis, which carries on in conditions which do not correspond to the agreement, nor to that laid down in the laws of the country and which they cannot terminate without running the risk of suffering ill-treatment, harsh torture and, sometimes, death. Furthermore, this situation is not in accordance with the obligation set out in Article 1(b), of Convention No. 105 on the abolition of forced labour as a method of using labour for purposes of economic development.

The Committee trusts that the Government will take the necessary measures to ensure that, in conformity with the Convention and with the pertinent provisions of national legislation, penal sanctions are imposed on anyone declared responsible for exacting forced labour and that it will supply a copy of the judicial sentences handed down in application of the provisions of sections 149 and 207 of the Penal Code, particularly in the cases mentioned.

The Committee hopes that the Government will supply information on the measures taken at federal level and in the various States to follow up the recommendations made by the Committee set up by the Governing Body to examine the afore-mentioned representation which refers to the speeding up of the proceedings initiated and the strengthening of the inspection system. The Committee also requests the Government to supply information on the activities carried out in the framework of the integrated programme on the abolition of forced labour for which GERTRAF is responsible.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee has referred to the comments made by the Latin American Central of Workers (CLAT), the International Confederation of Free Trade Unions (ICFTU), the International Federation of Plantation, Agricultural and Allied Workers (IFPAAW) and the Association of Labour Inspectors (AGITRA) of Brazil, alleging that, in various sectors of the rural economy and in mining thousands of workers, including minors, are subjected to forced labour and debt bondage, that hiring is conducted on the basis of false promises and that violence is used to retain or punish workers who attempt to escape.

The Committee notes that, by a communication of 10 February 1993, the Latin American Central of Workers (CLAT), referring to article 24 of the ILO Constitution, made a representation alleging non-observance by Brazil of Conventions Nos. 29 and 105. The Committee notes that at its 258th Session (November 1993) the Governing Body decided that the representation was receivable and set up a committee of the Governing Body to examine it. Consequently, the Committee is suspending examination of this matter, pending the conclusions of the above committee.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the discussion that took place in the Conference Committee in 1992 as well as the Committee's concern at the seriousness of the problems discussed. With regard to the statement made by the Government representative, the Committee notes with interest the detailed information supplied by the Government in its report.

The Committee has referred to the comments made in 1986 by the Latin American Central of Workers (CLAT) and the International Confederation of Free Trade Unions (ICFTU) and those presented in 1991 by the International Federation of Plantation, Agricultural and Allied Workers (IFPAAW) and the Association of Labour Inspectors (AGITRA) of Brazil, alleging that thousands of workers, including minors, are subjected to forced labour and debt bondage, that hiring is conducted on the basis of false promises and that violence is used to retain or punish workers who attempt to escape, in various sectors of the rural economy and in mining.

In its previous observation, the Committee referred in detail to the cases reported by the above organizations and observed that their allegations concurred. It also observed that the instances cited constituted serious violations of Conventions Nos. 29 and 105 and urged the Government to reinforce the measures being implemented to put an end to the alleged practices and to remedy the shortcomings that have been noted in the application of the Conventions on forced labour.

The Committee notes the comments presented by the National Confederation of Agricultural Workers (CONTAG) in June 1992, a copy of which was sent to the Government on 10 July 1992 for it to make any comments it deemed appropriate. The allegations concern the practice of "slave" labour in the Medasa distillery in the municipality of Madeiros Neta in the State of Bahía, where cane workers are brought by means of false promises as to wages and other working conditions and are forced to remain until the end of the harvest, are paid considerably less than the amount agreed upon, and work in subhuman conditions. These practices were denounced by a group of workers who managed to escape.

The Committee notes the information supplied by the Government in its report, and particularly the list of prosecutions for forced labour brought under section 149 of the Penal Code which provides for a penalty of imprisonment for those who reduce a person to conditions similar to those of slavery, and various provisions of the labour legislation concerning wages and other conditions of work. The list includes several of the estates, enterprises and distilleries referred to by the trade union organizations in their comments, including the Medasa distillery referred to by the CONTAG in its comments of June 1992. The Committee also notes that inspection visits are being conducted through the action of the National Department of Labour Inspection and that some of the reports have been sent by the Government.

The Committee notes with interest the programme to eradicate forced labour and hiring on the basis of false promises (PERFOR), established by a Decree of the President of the Republic, of 3 September 1992, which aims to eradicate from the whole of the national territory all forms of work which may be considered as forced labour, that is, work which is carried out under threat or with the use of violence or which reduces the worker to conditions similar to those of slavery (section 2.I). To achieve the programme's objectives, measures will be taken to improve working conditions in the rural and urban sectors, inspection, the application of sanctions in the event of infringements and the legal instruments to suppress forced labour and hiring on the basis of false promises (section 3).

The programme will be directed by an interministerial committee and implemented by authorities of the Federal System of Labour Inspection, the Federal Police and other state bodies. The Committee also notes that the duties of the interministerial committee responsible for the programme include the preparation of information to be supplied to the ILO when it so requests.

The Committee notes the Government's statement in its report that it is very concerned at the existence of forced labour in certain States of the country, and that major efforts are being pursued to eliminate or at least reduce the frequency of occurrences of forced labour. It also indicates that workers', employers' and other bodies that have cooperated in denouncing forced labour practices are not represented in the programme to eradicate forced labour but that the Ministry of Labour is redefining and broadening the programme's activities in order to involve them.

The Committee notes the Government's concern and the measures being implemented to eliminate existing problems and ensure the application of the Conventions on forced labour. It notes, however, from the various comments presented by workers' organizations, that systematic action commensurate with the dimensions and gravity of the problems is called for, and that the sanctions imposed must be really effective and strictly applied. In this connection, the Committee observes that, according to the allegations presented by the AGITRA (Association of Labour Inspectors) in 1991, "forced labour is increasing enormously in the country, while labour inspection is dwindling". Furthermore, the Committee notes the comments made by the AGITRA on 28 February 1993, a copy of which has been communicated to the Government. In these comments the AGITRA alleges that the many successive changes which have taken place in the Labour Ministry have resulted in the discontinuance of programmes, including the rural labour inspection programme. The AGITRA furthermore refers to the programme to eradicate forced labour and hiring on the basis of false promises (PERFOR) which, in its view, has been a "mere bureaucratic measure" and even a step backward, if compared with the "Termo de Compromisso", since that agreement provided for the participation of the National Confederation of Agricultural Workers (CONTAG).

The AGITRA also points out, however, that some isolated measures have been taken, for instance in the case of the enterprise Resiflora in Ceidreira, denounced by the AGITRA and mentioned by the Committee of Experts in its observation of 1992; the entrepreneur has been indicted for imposing "slave labour".

In its comments the AGITRA refers to the case of an estate of Campo Bom, where the inspectors of the Division of Labour Relations (DRT) were able to note that 30 persons, including several children, worked in irregular labour conditions, tantamount to those of slave labour. The Committee asks the Government to provide information on the measures being taken by the governments of the different States, particularly those where the greatest number of cases of forced labour have been observed, since, as the Government has indicated, the size of the territory makes it difficult to prevent and suppress violations of the national legislation.

The Committee hopes that the Government will continue to supply information on the measures taken, and particularly on the progress and outcome of the proceedings brought for forced labour referred to in the list provided by the Government. It would also appreciate information on the sanctions imposed and the measures to strengthen labour inspection. It also requests the Government to provide particulars of the activities carried out in the context of the programme to eradicate forced labour.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In previous comments, the Committee referred to the observations presented in 1986 by the Latin American Central of Workers (CLAT) and the International Confederation of Free Trade Unions (ICFTU) alleging the existence of forced labour and debt bondage in certain regions of Brazil. The Committee also noted the difficulties which the Government stated it was encountering in detecting, preventing and repressing labour law violations, due to the vast dimensions of the national territory and the difficulty of reaching certain regions. The Committee also noted the efforts which the Government stated it was making to combat all forms of forced labour, and the "Termo de Compromisso" agreement signed by the Ministry of Labour, the Ministry of Reform and Agricultural Development, the National Confederaton of Agriculture (CNA) and the National Confederation of Agricultural Workers (CONTAG), aiming to eradicate all forms of slave labour (trabalho escravo).

The Committee noted the information provided by the Government in its latest reports to the effect that, thanks to joint action by the bodies that signed the "Termo de Compromisso" in 1986, the Labour Inspectorate was able to deal with a large number of complaints of slave labour in various States of the country and that the result of the investigations was submitted to the competent bodies with a view to establishing the penal resposibility of the offenders.

The Committee notes the information supplied by the Government in the reports submitted in September 1990 and October 1991, to the effect that the above-mentioned "Termo Compromisso" is being reviewed and that the Government is pursuing its vigorous struggle against forced labour together with the federal inspection bodies and the federal police, and is taking the necessary police, judicial and inspection measures.

The Committee takes note of the comments submitted by the Association of Labour Inspectors (AGITRA) in May and October 1991 concerning the application of Conventions Nos. 29 and 105, copies of which were sent to the Government in July and October 1991 so that it could make any comments it deemed appropriate.

The Committee also notes the comments submitted on the application of Conventions Nos. 29 and 105 by the International Federation of Plantation, Agricultural and Allied Workers (IFPAAW) in November 1991 which were sent to the Government in November 1991.

The Committee notes that the Government has made no comments on the allegations made by the two organisations mentioned above.

The Committee notes that the allegations of the two trade union organisations concur and that they are amply documented with reports from national trade unions (trabalhadores rurais sem terra; Central Unica de Trabalhadores (CUT)), non-governmental organisations, churches and with numerous articles from the national and international press.

The allegations concern the situation of thousands of workers, including children and young persons, who are subjected to forced labour in various sectors of the rural economy and in mining.

Hiring, it is alleged, is conducted thousands of kilometres away from the place of work, on the basis of false promises regarding working conditions and wages, made by so-called "gatos", who oversee the estates, acting as labour contractors for the estate owners, and who are responsible for transport to the place of work. Generally, on arrival at the destination, wages turn out to be lower than promised and workers are usually charged for transport and makeshift accommodation. Because estates are so remote, the only source of food is the company store where prices are exorbitant and purchases are deducted from wages. In many cases food (a basket of food or a ready prepared meal) is given directly to the workers by the "gatos" instead of wages.

When they claim their pay, the workers discover that it has already been entirely spent, as the "debt" contracted for transport and food is higher than the wage. The "debt" increases as time goes by and workers have no alternative but to continue working to pay off a debt which their wages cannot meet, even though they work for over 12 hours a day. There is even less question of their being able to afford to return home or to their place of origin where many of them have left families. Workers who try to escape are pursued by gunmen who work for the estate and when they are captured they are returned to the estate and subjected to ill treatment (beating, whipping, injuries, mutilation, sexual abuse) and in many cases, arising even in death.

Both the trade union organisations refer to the difficulty of obtaining a precise idea of the extent of forced labour in Brazil, since many cases only come to light when the workers manage to escape and are brave enough to face up to possible reprisals, denounce the situation and testify. They indicate, however, that the practice of forced labour, known in Brazil as white slavery ("escravidade branca") has been denounced on estates and in distilleries in various regions of the country since 1984, especially in the States of Para and Mato Grosso. According to AGITRA, between 1980 and 1991 3,144 cases came to light of persons subjected to forced labour on 32 estates in the south of Para. The annexes communicated by the above organisation contain a list of 56 estates in the south of Para on which cases of forced labour have been denounced. Nationwide, 8,886 cases have been counted; in 1991, 53 of these persons were murdered and four disappeared.

The IFPAAW refers in its comments to eight cases brought to its attention between January 1979 and June 1990, in four States: the Arizona estate (Renencao); Sao Luis Agropecuaria (Para); Santa Inés (Para); Espíritu Santo (Para); Belauto (Para); Fazendas Reunidas Nossa Senhora de Fatima (Mato Grosso); Suia Missu (Mato Grosso); Fazenda Escondida (Mato Grosso).

AGITRA is also concerned at the fact that such occurrences are not confined to remote areas; a number of cases have been denounced in places near to the most developed parts of the country. It is alleged that in 1990, for example, the labour inspectorate noted that 200 families were working in conditions of slavery stripping the bark of acacia trees in Paquete, 100 kilometres away from Porto Alegre, capital of the State of Rio Grande do Sul, and that in Cidreira, 110 kilometres from Porto Alegre, 50 persons worked for three months without wages, receiving only food consisting of pasta and beans. In 1991, the Centre for the Protection of Human Rights reported that some 70 persons, including four children, were working in conditions of semi-slavery in the rural area of Paraibuna, 120 kilometres to the east of Sao Paulo.

The IFPAAW indicates in its observation that in the majority of these cases workers who had escaped or been released denounced the above situation to the competent authorities and reported the approximate number of workers remaining on the estates. On the Santa Inez estate, the police were able to free 43 workers but the owner of the estate was not arrested and those arrested were released rapidly. In other cases, either no further action was taken on the investigations requested or the persons responsible were not brought to trial, nor were the statutory sanctions applied, even in cases where persons were accused of having caused the death of certain workers.

Child labour

The Committee notes the allegations concerning the forced labour of minors to the effect that on the Santa Inés estate (Para), when the police liberated the 43 workers mentioned above, it noted that 14 of them were minors of 14 to 18 years of age. In May 1991, the DRT (Divsao de Relacoes do Trabalho) noted the presence of minors of 15 years of age in the Cachoeira distillery in Rio Brilhante, who were working in deplorable conditions for up to 12 hours a day. It is also alleged that a group of parliamentarians observed, in the acacia-felling areas of the Tanac enterprise, in Encruzilhada do Soul (172 kilometres from Porto Alegre), that men, women, and children of barely ten years were working 12 hours a day in a relationship of total dependence on the employer. The children work without wages in the hope of increasing the output of their parents so as to pay back the debt that binds their families to the employer.

The Committee notes the comments presented by the Human Rights Committee of the Legislative Assembly of the State of Rio Grande do Sol in a communication received by the ILO in November 1991, concerning the allegations submitted by AGITRA. The above Committee states that it confirms the veracity and accuracy of the allegations submitted by AGITRA concerning the existence of slave labour in Rio Grande do Sul, and the situation of extreme misery and complete dependence of the workers, which the Committee states it observed when it took part in certain investigations. It also affirms that the same situation exists in various municipalities of the State, and there is no perceptible wish on the part of the enterprises to reach a real solution to the problem.

The Committee notes that under articles 184 and 186 of the Federal Constitution, in the interests of society, real estate may be taken away from its owner if it is not fulfilling its social function, through, inter alia, implementation of the provisions governing labour relations. The Committee also notes sections 149, 197 and 207 of the Penal Code, which provide for penalties of imprisonment for those who: reduce a person to conditions similar to those of slavery (149); oblige a person through violence or serious threat, to exercise or not to exercise a craft, occupation, profession or skill, or to work or not to work for a given period (197); hire workers with the purpose of transferring them to another location in the national territory (207). The Committee also notes Act No. 8069 of 13 July 1990 (the Statute of Children and Young Persons) respecting the basic rights of young persons, which lays down, in addition to the right to life, health, freedom and education, the minimum age of admission to employment (14 years) and protection in employment.

The Committee notes that, according to the statistics provided by the Government concerning the investigations conducted and the number of persons tried for violating sections 149, 197 and 207 of the Penal Code, in 1990 and 1991 seven persons in the State of Para, three in Mato Grosso and eight in Espíritu Santo were tried under section 149, and a total of 18 in the States of Paraiba, Alagoas, Mato Grosso, Mato Grosso do Sul and Para were tried under section 207.

The Committee observes that, according to the allegations mentioned above and the information supplied by the Government, there are serious deficiencies in the application of Conventions Nos. 29 and 105. The occurrences related involve serious violations of Convention No. 29 in that the alleged situation is one of complete subjection of thousands of workers who are unable to end an employment relationship which they entered against their will and who work in conditions which comply neither with what was agreed upon, nor with the provisions of the labour law of the country. Furthermore, they cannot terminate the relationship without the risk of being ill treated, tortured or even killed. In addition, such situations are not in conformity with Article 1(b) of Convention No. 105, which provides for the suppression of forced labour as a means of mobilising and using labour for purposes of economic development.

The Committee takes due note of the action undertaken by the Federal Government with a view to eradicating the problem raised in the allegations. However, the measures taken so far, although they are a first step, must be reinforced and lead to systematic action which is commensurate with the dimensions and gravity of the problem, if the latter is to be solved. In this connection, the Committee refers to its comments on the application of Conventions Nos. 81 and 95.

The Committee trusts that the Government will take the necessary measures to put an end to the practices whereby thousands of workers, including children and young persons, are subjected to forced labour. In the circumstances, it appears particularly necessary to give effect to Article 25 of the Convention which provides that the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and it shall be an obligation on any Member ratifying the Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee hopes that the Government will provide information on action undertaken at the federal level and in the various States, and that it will provide a copy of the judicial decisions handed down under the relevant provisions of the national legislation concerning persons accused of exacting forced labour, particularly in the cases mentioned by the trade union organisations in their comments, which have been communicated to the Government.

[The Government is asked to supply full particulars to the Conference at its 79th Session and to report in detail for the period ending 30 June 1992.]

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the Government's report. In previous comments, the Committee referred to the observations submitted by the International Confederation of Free Trade Unions (ICFTU) and the Latin American Central of Workers (CLAT), alleging the existence of forced labour and debt bondage in certain regions of Brazil. The Committee also took note of the Government's statement concerning the difficulties encountered in detecting, preventing and repressing labour law violations, due to the vast dimensions of the national territory and the difficulty of reaching certain regions. The Committee also noted the Government's efforts to fight against all forms of forced labour, and of the "Termo de Compromisso" agreement signed by the Ministry of Labour, the Ministry of Reform and Agricultural Development, the National Confederation of Agriculture (CNA) and the National Confederation of Agricultural Workers (CONTAG), aiming to eradicate all forms of slave labour (trabalho escravo).

The Committee notes with interest the information provided by the Government in its latest reports, to the effect that, thanks to joint action by the bodies that signed the "Termo de Compromisso" in 1986, the Labour Inspectorate was able to deal with a large number of denunciations of slave labour in various states of the country. The result of the investigations was submitted to the competent bodies with a view to establishing the penal responsibility of the offenders.

The Committee also notes that the Government is pursuing its efforts to eliminate all forms of slave labour in rural areas and has stepped up labour inspection in such areas to that end.

The Committee requests the Government to continue to provide information on this matter, including on the action taken as a result of the investigation referred to.