Preamble
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its 103rd Session
on 28 May 2014, and
Recognizing that the prohibition of forced or compulsory labour
forms part of the body of fundamental rights, and that forced
or compulsory labour violates the human rights and dignity of
millions of women and men, girls and boys, contributes to the
perpetuation of poverty and stands in the way of the achievement
of decent work for all, and
Recognizing the vital role played by the Forced Labour Convention,
1930 (No. 29), hereinafter referred to as “the Convention”, and
the Abolition of Forced Labour Convention, 1957 (No. 105), in
combating all forms of forced or compulsory labour, but that gaps
in their implementation call for additional measures, and
Recalling that the definition of forced or compulsory labour under
Article 2 of the Convention covers forced or compulsory labour
in all its forms and manifestations and is applicable to all human
beings without distinction, and
Emphasizing the urgency of eliminating forced and compulsory labour
in all its forms and manifestations, and
Recalling the obligation of Members that have ratified the Convention
to make forced or compulsory labour punishable as a penal
offence, and to ensure that the penalties imposed by law are really
adequate and are strictly enforced, and
Noting that the transitional period provided for in the Convention has
expired, and the provisions of Article 1, paragraphs 2 and 3, and
Articles 3 to 24 are no longer applicable, and
Recognizing that the context and forms of forced or compulsory
labour have changed and trafficking in persons for the purposes
of forced or compulsory labour, which may involve sexual
exploitation, is the subject of growing international concern and
requires urgent action for its effective elimination, and
Noting that there is an increased number of workers who are in forced
or compulsory labour in the private economy, that certain sectors
of the economy are particularly vulnerable, and that certain
groups of workers have a higher risk of becoming victims of
forced or compulsory labour, especially migrants, and
Noting that the effective and sustained suppression of forced or
compulsory labour contributes to ensuring fair competition
among employers as well as protection for workers, and
Recalling the relevant international labour standards, including, in
particular, the Freedom of Association and Protection of the Right
to Organise Convention, 1948 (No. 87), the Right to Organise
and Collective Bargaining Convention, 1949 (No. 98), the Equal
Remuneration Convention, 1951 (No. 100), the Discrimination
(Employment and Occupation) Convention, 1958 (No. 111), the
Minimum Age Convention, 1973 (No. 138), the Worst Forms
of Child Labour Convention, 1999 (No. 182), the Migration for
Employment Convention (Revised), 1949 (No. 97), the Migrant
Workers (Supplementary Provisions) Convention, 1975 (No. 143),
the Domestic Workers Convention, 2011 (No. 189), the Private
Employment Agencies Convention, 1997 (No. 181), the Labour
Inspection Convention, 1947 (No. 81), the Labour Inspection
(Agriculture) Convention, 1969 (No. 129), as well as the ILO
Declaration on Fundamental Principles and Rights at Work
(1998), and the ILO Declaration on Social Justice for a Fair
Globalization (2008), and
Noting other relevant international instruments, in particular the
Universal Declaration of Human Rights (1948), the International
Covenant on Civil and Political Rights (1966), the International
Covenant on Economic, Social and Cultural Rights (1966), the
Slavery Convention (1926), the Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery (1956), the United Nations Convention against
Transnational Organized Crime (2000), the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, especially Women and
Children (2000), the Protocol against the Smuggling of Migrants
by Land, Sea and Air (2000), the International Convention on the
Protection of the Rights of All Migrant Workers and Members
of Their Families (1990), the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment
(1984), the Convention on the Elimination of All Forms of
Discrimination against Women (1979), and the Convention on the
Rights of Persons with Disabilities (2006), and
Having decided upon the adoption of certain proposals to address
gaps in implementation of the Convention, and reaffirmed
that measures of prevention, protection, and remedies, such as
compensation and rehabilitation, are necessary to achieve the
effective and sustained suppression of forced or compulsory
labour, pursuant to the fourth item on the agenda of the session,
and
Having determined that these proposals shall take the form of a
Protocol to the Convention;
adopts this eleventh day of June two thousand and fourteen the following
Protocol, which may be cited as the Protocol of 2014 to the Forced Labour
Convention, 1930.
The measures to be taken for the prevention of forced or compulsory
labour shall include:
Each Member shall take effective measures for the identification,
release, protection, recovery and rehabilitation of all victims of forced or
compulsory labour, as well as the provision of other forms of assistance
and support.
Members shall cooperate with each other to ensure the prevention and
elimination of all forms of forced or compulsory labour.
The measures taken to apply the provisions of this Protocol and of the
Convention shall be determined by national laws or regulations or by the
competent authority, after consultation with the organizations of employers
and workers concerned.
The transitional provisions of Article 1, paragraphs 2 and 3, and
Articles 3 to 24 of the Convention shall be deleted.
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations, for
registration in accordance with article 102 of the Charter of the United
Nations, full particulars of all ratifications, declarations and denunciations
registered by the Director-General.
The English and French versions of the text of this Protocol are
equally authoritative.
