Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (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.