1. 1 Forced Labour Convention (No. 29), 1930 and Abolition of Forced Labour Convention (No. 105), 1957 Tim De Meyer Specialist on International Labour Standards & Labour Law, Subregional Office for East Asia (SRO Bangkok), Thailand demeyer@ilo.org seifert@ilo.org

2. FORCED LABOUR – THE CONCEPT

3. 3 What is forced labour ? A person working, not because (s)he sees a material / immaterial benefit to it, but because another person or institution leaves him/her no choice than to work in pursuit of an economic/political/religious benefit for itself

4. 4 Forced labour exists ! Traditional forms of slavery (trokosi (Ghana), deuki (Nepal), slave trade (Sudan, Mauritania)) Women and children sold/trafficked into sexual or labour exploitation Captive, unremunerated and unprotected labour, such as detainees working without being convicted or for private interests

5. 5 Forced labour exists ! Lawfully striking workers being forcibly returned to their jobs Political dissidents subject to work to « reform » their (peacefully expressed) convictions Child domestic workers (qualified) Sections of the population mobilized for large-scale infrastructure development (e.g. roads, pipelines, hotels) Forced prostitution

6. 6 Forced labour exists ! Legal provisions according to which civil servants or army officers cannot terminate their employment, not even upon serving a reasonable period of notice Child labour in conditions where the child cannot be presumed to have offered itself voluntarily (hazardous, long hours, starved, locked up, sexually abused etc)

7. 7 Forced labour exists ! Bonded labour (debt bondage) : a worker pledges his personal services or those of his family as a security for a debt incurred Performance of overtime which is imposed (as opposed to negotiated) systematic performance which is well beyond normal working hours and not or barely compensated may serve as a presumption of absence of free will

8. 8 Forced labour exists ! A 16-year old forced to fight or serve in another capacity in armed conflict A migrant worker working to pay off a debt with his or her employer, incurred because the employer advanced the workers’ recruitment fee to the recruiter A young person working to reimburse training costs over a period of several years

9. 9 FL is a fundamental principle FL, not being based on incentive, does not serve person’s legitimate interest in pursuing « material well- being and spiritual development » the development of a productive economy Protection against FL is an « enabling » right, i.e. vital to workers to reap the fruits of economic growth fostered by the global economy Ex. overtime under threat of dismissal instead of incentive will prevent reward for productive input from being passed on to the worker FL is an ILO Constitutional principle to be observed even in the absence of ratification

10. 10 Forced Labour … assaults human dignity, particularly in the more violent aspects of coercion (e.g. physical confinement, abuse …) stifles personal development and thus breeds poverty : reduces rather than enhances “human capital” is economically undesirable sale of future labour at a fixed price, or at least one which is unilaterally determined, irrespective of productivity improvement unproductive, also in the sense that it does not lead to higher standards of living

11. 11 Forced Labour … impedes the best allocation of human resources on the labour market (“occupational mobility”) breeds poverty and thus instability often results from/goes together with : discrimination - reduced work opportunities for reasons alien to actual or potential work performance deficient freedom of association - reduced opportunities to represent interests child labour

12. 12 Glossary Slavery : “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised” (Slavery Convention, 1926) Slavery-related practices : debt bondage, serfdom, forced marriage, sale/disposal/transfer/pledging of women and children, trafficking of persons, (other or related) forms of forced labour,... Debt bondage : “the status or condition arising from a pledge by a debtor of his personal services or of those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt or the length and nature of those services are not respectively limited and defined” (Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956)

13. 13 Glossary Serfdom : “the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person, whether for reward or not, and is not free to change his status” (Supp. Conv. 1956) “Forced marriage” : “any institution or practice whereby: (i) A woman, without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person or group; (ii) The husband of a woman, his family, or his clan, has the right to transfer her to another person for value received or otherwise; (iii) A woman on the death of her husband is liable to be inherited by another person” (Supp. Conv. 1956)

14. 14 Glossary “Pledging of children” : “any institution or practice whereby a child or young person under the age of 18 years, is delivered by either or both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the exploitation of the child or young person or of his labour” Sale of children : “any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration” (Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 2000)

15. 15 Glossary Trafficking of (adult) persons : “the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability12 or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation ( Un Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children to the UN Convention Against Transnational Organized Crime)”

16. 16 Slavery and Forced Labour It is now a well-established principle of international law that the “prohibition against slavery and slavery-related practices have achieved the level of customary international law and have attained jus cogens status”, i.e. that States cannot lawfully agree to digress from the principle

17. 17 Slavery and Forced Labour The International Court of Justice (Barcelona Traction case, 1971) has identified the protection from slavery and slavery-related practices as one of two examples of “obligations erga omnes arising out of human rights law”, or obligations owed by a State to the international community as a whole

18. 18 Slavery and Forced Labour League of Nations Slavery Convention of 1926 recognized forced labour as a form of slavery, but allowed it for public purposes “forced labour may only be exacted for public purposes” and requiring States parties “to prevent compulsory or forced labour from developing into conditions analogous to slavery” (art. 5) Temporary Slavery Commission of 1924 described various forms of slavery, and distinguished the “system of compulsory labour, public or private, paid or unpaid.” C. 29 restricts the use of forced labour for public purposes to a few exceptions mentioned in Art. 2

19. 19 Practices « similar » to Slavery “19. The circumstances of the enslaved person are crucial to identifying what practices constitute slavery, including: (i) the degree of restriction of the individual’s inherent right to freedom of movement; (ii) the degree of control of the individual’s personal belongings; and (iii) the existence of informed consent and a full understanding of the nature of the relationship between the parties.”

20. 20 Slavery and Forced Labour “20. It will become apparent that these elements of control and ownership, often accompanied by the threat of violence, are central to identifying the existence of slavery. The migrant worker whose passport has been confiscated by his or her employer, the child sold into prostitution, or the “comfort woman” forced into sexual slavery - all have the element of choice and control of their lives taken from them and passed to a third party, either an individual or a State.”

21. FORCED LABOUR – ILO CONVENTIONS NOS. 29 & 105

22. 22 Ratification Status of C. 29 92 % worldwide, 73 % in Asia Pacific Poor record in East Asia (incl. ASEAN) : no ratification by China, RoKorea, Mongolia, Philippines, Viet Nam, (Brunei) Applicable to Hong Kong and Macau SAR Transition economies lag behind, but work in progress China, Mongolia & Viet Nam

23. 23 Ratification Status of C. 105 91 % worldwide (including US), 57 % in Asia Pacific Poor ratification record in East Asia (incl. ASEAN) : no ratification in China, Japan, RoKorea, Lao PDR, Mongolia, Myanmar, Viet Nam, (Brunei) Denunciation by Malaysia and Singapore Transition economies lag behind, but work in progress in China, Mongolia & Viet Nam

24. 24 C. 29 & 105 : Same Objective To abolish forced or compulsory labour in all its forms, i.e. Paid and unpaid For public and private purposes Imposed by individuals as well as by the State Resulting from law (e.g. general obligation to work) or practice (e.g. employer’s practice) To have perpetrators punished with penal sanctions (to mark public condemnation)

25. 25 C. 29/105 : Different context C. 29 : abolishing FL practised for economic purposes (under colonial rules before Second World War) from there : all forms of coercion in service relations with an economic objective C. 105 : abolishing FL imposed by state as a means of stemming political (authoritarian regimes) or economic (industrial relations) dissidence, i.e. aimed at changing dissident opinions, convictions and even mental attitudes

26. 26 C. 29 : what is left of it ! C. 29 - in 1930 - allowed certain forms of FL during a transitional period, under the conditions laid down in Art. 4 – 24 of the C. ILO considers that the transitional period has expired since long Art. 4 – 24 are no longer valid..... but the absolute prohibitions contained in these articles remain binding Up-to-date character of C. 29 and C. 105 has otherwise repeatedly been confirmed

27. 27 C. 29/105 : Obligations State must refrain itself from exacting forced labour repealing laws and regulations which provide for forced labour (e.g. using conscripts for harvesting, allowing FL in detention without conviction) State must ensure that the exaction of forced labour by non-State actors is illegal, i.e. in particular is made a penal offence is punished with adequate and strictly enforced penalties

28. 28 C. 29/105 : Obligations State must not tolerate the exaction of forced labour by private (commercial or non-commercial) interests repealing laws & regulations which allow FL remove any ambiguity as to whether FL is illegal under national law take the required measures for court proceedings to be initiated and completed encourage victims to turn to authorities strengthen the investigation of FL seek cooperation of E + W + NGOs

29. What C. 29 considers forced labour

30. 30 Forced Labour – Def. (cont’d) Set out in C. 29, but identical for C. 29 and C. 105 Contains three elements “all work or service … … which is exacted from any person under the menace of any penalty … … and for which the said person has not offered himself voluntarily”

31. 31 (1) Work or service « Work » may be defined as any activity which the human being normally pursues in pursuit of material well-being and spiritual development (cfr. Decl’n of Philadelphia) Legal nature of the relationship between victim and user of FL is irrelevant i.e. employment contract, civil contract, or no defined contract at all Does not, in principle, include compulsory education nor training

32. 32 (2) Penalty Any coercion or threat which goes beyond non- fulfilment of mutual obligations and practically removes the ability of the worker to decide as to whether to continue work under the conditions offered, for example Penal sanction (e.g. for unlawfully leaving service) or other action by the authorities (e.g. expulsion) Loss of rights (e.g. welfare) or privileges (prisoners) Act of physical violence Threat of declaration to the authorities (e.g. irregular migrants who may then be deported)

33. 33 (3) Free Will and Consent FL can also exist if the worker has originally consented If the consent is not informed (e.g. migrant worker recruited by deceit) If the consent cannot be revoked (under certain conditions) If the consent could not be lawfully given (e.g. parents pledging children’s services) If the consent relates to limited choice of jobs within an overall obligation to work

34. 34 Def. – Voluntary offer External constraints (e.g. poverty) only give rise to forced labour If actively exploited If organized or exacerbated (e.g. Gov’t which maintains excessively low wages) “Exploitation” may be defined as the systematic extraction of a disproportionate advantage from the work of another person, de facto reducing the work of that person to a disposable commodity

35. What C. 29 does not consider to be forced labour

36. 36 5 cases compulsory military service for work of a purely military character minor communal services normal civic obligations prison labour : work or service exacted as a consequence of a conviction in a court of law (provided …) emergency

37. 37 Compulsory military service applies to conscripts for work of a purely military character, that means Conscripts cannot be employed on public works as a rule, but their services can be used in the event of natural disasters (emergency) Conscripts must be trained to defend their country in times of war, not be used for the purpose of economic development “Engineer” conscripts can be involved in road construction as part of their military training Career military personnel must be allowed to leave the service providing reasonable notice is given

38. 38 Normal civic obligations compulsory military service work or service required in cases of emergency minor communal services compulsory jury service duty to assist a person in danger etc.

39. 39 Emergency a sudden, unforeseeable circumstance of limited duration that endangers the existence or well- being of whole or part of the population, and calls for instant counter-measures earthquake fire, flood violent epidemic diseases famine invasion by animal pest

40. 40 “Prison labour” any work or service exacted from any person as a consequence of a conviction… … in a court of law, … …provided that the said work or service is carried out under the supervision and control of a public authority … …and that the said person is not hired to or placed at the disposal of private individuals, companies or associations

41. 41 (1) Conviction FL must result from conduct which is recognized and established as an “offence” NOT persons awaiting trial NOT persons detained without trial NO “minor offences” which are loosely defined and can be elaborated upon at the discretion of executive or judicial authorities can only be exacted as a consequence of the finding of guilt

42. 42 (2) Court of Law NOT administrative or non-judicial bodies, unless they offer due process guarantees (general principles of law) presumption of innocence equality before the law regularity and impartiality of the proceedings independence and impartiality of the courts access to legal counsel right to appeal acting only upon a clear legal definition of the offence non-retroactivity of penal law

43. 43 (3) Control of Public Authority Forced prison labour must be carried out under the supervision and control of a public authority Ability to control must be permanent, not be restricted to a general authority to inspect the premises periodically

44. 44 (4) No Private Benefit irrespective of the arrangement struck between the State / prison authority and the private operator State manages prison, workshops are outside prison, operator hires labour from State State manages prison, workshops are inside prison, operator hires labour from State Private operator manages the prison and is subsidized by the State irrespective of whether profit is intended or not, or of whether profit is made or not

45. 45 Why no private interest ? PL is meant to be part of the rehabilitation process of the convicted, and his/her reconciliation process with the community Conviction is no excuse for exploitation, and captivity requires special protection against exploitation Captive labour must NOT be used to undercut the working conditions in regular undertakings producing similar products according to market rules

46. 46 Private Employment CAN Convicted persons may agree to work for private interests as part of their rehabilitation process, if the normal labour market rules apply employment is voluntarily accepted on the basis of freely given consent normal wages are paid social security is provided conditions of employment are approximate to those of a free employment relationship

47. 47 Minor communal services by the members of the local community e.g. no coercion of the entire provincial population for maintenance of rural roads in the interest of the community labour must be a form of consideration for a direct benefit, and the obligation must be commensurate with the benefit e.g. maintenance of canals irrigating fields belonging to the community comprising work for which the community has been consulted consultation with those who are expected to do the work or their direct representatives services must be minor

48. 48 Difference between local public works and minor communal services Public WorksMCS Interest Wider publicLocal residents Scale Medium/LargeSmall Performed by Wider publicLocal residents Duration Days, months, years Hours, days

49. 49 Minor communal services Other services may, of course, be organized and carried out, provided workers are recruited according to normal labour market conditions, including voluntary participation Even if compulsory labour does not occur in actual practice, authorizing legislation should be repealed

50. 50 Special Youth Schemes Recommendation (No. 136), 1970 Regulates schemes designed to tackle youth employment problems by giving young persons the necessary skills to enable them to adapt to the pace of a changing society and to take an active part in the development of their country

51. 51 Types of Permitted Compulsory Schemes Youth schemes should be voluntary, but may exceptionally be compulsory in two cases : (a) schemes of education and training involving obligatory enrolment of unemployed young people within a definite period after the age limit of regular school attendance; (b) schemes for young people who have previously accepted an obligation to serve for a definite period as a condition of being enabled to acquire education or technical qualifications of special value to the community for development

52. 52 Conditions as regards (b) free choice among different available forms of activity and different regions and due account should be taken in their assignment of their qualifications and aptitudes service should not be used for private interests service should not normally exceed two years account may be taken of the length of the studies and the sacrifice they represent for the community participants agree to the service prior to undertaking study the degree of “free will” depends on whether the choice of careers that do not entail an obligation to serve is limited, and on the sanctions for not serving afterwards training must be of special value to the community e.g. ability to provide essential services to the rural poor compulsory service : interim character to meet current, pressing needs

53. 53 Trafficking of persons Is an emerging phenomenon fueled by a number of factors globalization, particularly improved means of transport and open borders international organized crime inequality within and between countries poverty of income & opportunity in home communities limited law enforcement capacity Is not forced labour, but rather the process that leads up to it

54. 54 Palermo Protocol Definition “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

55. 55 Trafficking involves … a transaction or operation which exerts control over the person (recruitment, transport etc) “Trafficking of persons” contains an element of deliberate separation of a person from a familiar environment, but not necessarily the crossing of international borders : trafficking also occurs within state boundaries

56. 56 Trafficking … consent of the person is irrelevant as long as any of the following means is used : the threat or use of force other forms of coercion abduction fraud deception abuse of power abuse of a position of vulnerability giving or receiving of payments or benefits to achieve consent of a person having control over another person

57. 57 Traff. – Definition Elements many types exploitation may be recognized as giving rise to trafficking, but any of the following four forms, must be recognized as exploitation in the context of trafficking exploitation of the prostitution of others other forms of sexual exploitation (e.g. use of children for pornography) forced labour or services, slavery or practices similar to slavery, servitude (“labour exploitation”) the removal of organs

58. 58 Trafficking - Exploitation Exploitation can be usefully understood as the systematic extraction of a disproportionate advantage from the work of another person, de facto frustrating the benefit which the worker legitimately expects from his / her work

59. 59 Forced Overtime (CEX) imposition of overtime is no FL “so long as it is within the limits permitted by the national legislation or collective agreements” legitimate expectations from employer that he/she can require overtime when needed (e.g. unforeseen orders, production peaks …) from worker that overtime will be limited, subject to incentive and (possible) procedure

60. 60 Forced Overtime overtime becomes forced labour when limits are consistently flouted penalties (e.g. dismissal) are imposed or threatened and mandatory incentives denied procedures, if any, (e.g. advance notice) are ignored

61. 61 Reeducation through labour in China sanction which is administrative and not criminal in nature, intended to be both preventive and educational decision of a specific committee (committee on re- education through labour or CRL) on which officials representing civil affairs, public security and labour are sitting an average of 240,000 persons are placed under this system in over 300 centres involves detention of maximum 3 years with a possible extension of one year (i.e. a maximum of three years) only "minor offences" : 20 % drug-related offences, 20 % prostitution, 40 % theft, 20 % “hooliganism” and “disrupting public order”

62. 62 RETL – Potential comments Use of RETL as a sanction for “political offences”, as a sanction against (peacefully) striking workers, or as a means of religious discrimination various provisions of C. 105, i.e. irrespective of whether resulting work is for public or private purpose Potential for arbitrary decisions by the CRETL : lack of independence of the Committees, absence of a formal criminal process (legal counsel, appeal, …), rules permitting a person to be detained are too broadly expressed to show afterwards they were incorrectly applied Art. 2, 2 (c) of C. 29, irrespective of whether resulting work is for public or private purpose

63. 63 RETL – Potential comments To the extent that the work of the detainee serves a private purpose (inside or outside the institution), the detainee should give his or her free consent and working conditions should approximate those prevailing on the free labour market (Art. 2, 2 (c) of C. 29)

64. 64 RETL - Progress areas  state categorically in the law that RTL will not be applied to “political offenders” : persons peacefully exercising their fundamental freedoms as guaranteed by the Universal Declaration of Human Rights, particularly freedom of association and freedom of expression (and the civil liberties laid down in the ILO Conference Resolution of 1970)  unlike common offenders (minor or major), political offenders must not be subject to rehabilitation

65. 65 RETL - Progress areas Committee on RETL, if maintained, should offer the same safeguards for independence / impartiality / regularity of proceedings as a judicial court appeal proceedings must be available and accessible (e.g. time to consult a lawyer) and appeal should suspend the verdict presumption of innocence equality before the law guarantees for defence clear definition of the offence non-retroactivity of penal law evidence : suspected offenders have the benefit of the doubt (in dubio pro reo) judge intervenes before detention instead of after detention

66. 66 RETL – Progress areas If (a) RETL is maintained for common offenders, and (b) the potential for arbitrary decisions has been removed, the law should also provide that detainees who are forced to work (1) do so under the permanent supervision of public authorities, and (2) are not hired to private interests detainees who voluntarily work for private interests do so under conditions close to those prevailing on the regular labour market Law should offer guarantees that authorities cannot use their discretion to cancel a prisoner’s registration with the effect that the detainee stays at the instution beyond his or her term

67. What C. 105 considers forced labour, even if C. 29 does not

68. 68 Basic obligation 1 to undertake effective measures to secure the immediate and complete abolition of forced or compulsory labour

69. 69 Basic obligation 2 to suppress and not make use of any form of forced or compulsory labour in the five cases mentioned in the Convention … … not even in the exceptions under C. 29 e.g.- forced minor communal services do not constitute forced labour under C. 29, but that does not mean they can justify social discrimination - forced prison labour is no forced labour under C. 29, but that does not mean it may be required from political prisoners

70. 70 Prohibitions in shorthand Forced or compulsory labour for political purposes Forced or compulsory labour for purposes of economic development "as a means of labour discipline” "as a punishment for having participated in a strike” "as a means of racial, social, national or religious discrimination"

71. 71 (1)Political purposes "as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system” e.g.forced labour as a sanction for the free expression of opinions in a newspaper or as a sanction for peaceful assembly

72. 72 (2)Economic development “as a method of mobilising and using labour for purposes of economic development” e.g.national "civic service" regimes imposing compulsory labour for a fixed period, usually on a segment of the population defined in terms of age and education and based on a general obligation to perform civic service

73. 73 (3)“as a means of labour discipline” May be of two types measures to ensure the due performance by a worker under compulsion of law e.g.penal sanctions involving forced labour against employees not observing collective agreements sanction for breach of labour discipline penalties to enforce labour discipline as such butpenalties to punish breaches of labour discipline threatening the operation of essential services (outside the scope of C. 105)

74. 74 (4)Participation in strike Participation in strike action which is lawful under ILO principles (even if unlawful under national law) must not be punished with forced labour OK = FL imposed as a penalty for participation in illegal or violent strikes (falls outside the scope of the C. 105) to public servants exercising authority in the name of the State to workers in essential services, i.e. whose interruption would endanger the existence or well-being of the whole or part of the population and that compensatory guarantees are provided (same applies for seamen)

75. 75 (5) Discrimination “as a means of racial, social, national or religious discrimination”

76. 76 Slavery and Forced Labour - Main instruments Slavery Convention of the League of Nations, 1926 (and Protocol of 1957) suppression of slave trade and abolition of slavery in all forms adopt measures to prevent and eliminate forced labour other than for public purposes UN Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and practices Similar to Slavery, 1957

77. 77 Main instruments (cont’d) Convention for the Suppression of the Traffic in Persons and of the Exploitation of Prostitution of Others, 1951 makes it an offence to procure, entice or lead away a person for the purposes of prostitution even with the consent of that person

78. 78 Main instruments (cont’d) UN Convention Against Transnational Organised Crime and Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organised Crime (“Palermo Protocol”)

79. 79 Main instruments (cont’d) Protocol Against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention Against Transnational Organised Crime

80. 80 Main instruments (cont’d) International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990) - Article 11 No migrant worker or member of his or her family shall be held in slavery or servitude No migrant worker or member of his or her family shall be required to perform forced or compulsory labour States where imprisonment with hard labour may be imposed as a punishment for a crime, can impose the performance of hard labour in pursuance of a sentence to such punishment by a competent court.

81. 81 Migrant Convention (cont ’d) For the purpose of the present article the term "forced or compulsory labour" shall not include : (a) Any work or service not referred to in paragraph 3 of the present article normally required of a person who is under detention in consequence of a lawful order of a court or of a person during conditional release from such detention; (b) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; (c) Any work or service that forms part of normal civil obligations so far as it is imposed also on citizens of the State concerned

82. 82 Main instruments (cont’d) Universal Declaration of Human Rights : “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms” (art. 4). International Covenant on Economic, Social and Cultural Rights recognizes the right to work “which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts” (art. 6 (1)).

83. 83 Main instruments (cont’d) The International Covenant on Civil and Political Rights, 1966 importance is emphasized by its status as a non-derogable right under article 4 (2). Article 8 also contains a provision which prohibits the use of forced or compulsory labour subject to certain limited exceptions.

84. 84 Main instruments (cont’d) Employment Policy Convention, 1964 (No. 122) full, productive and freely chosen employment at the centre of State policy Rome Statute of the International Criminal Court characterizes “enslavement” as a crime against humanity falling within the jurisdiction of the Court (article 7 (2)).