Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (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.]