Volume 03 Issue 07-2023
118
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
118-121
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article analyzes the content of regional standards on ending forced labor, the importance of the issue of forced
labor in regional documents on the prevention of human trafficking, issues of responsibility for forced labor. As a
result of the study, conclusions were made on the analysis of international documents adopted by regional
organizations.
KEYWORDS
International standard, forced labor, human trafficking, regional organizations.
INTRODUCTION
International labor standards establish basic principles
and rights in the field of labor. One of the main tasks of
the International Labor Organization (ILO) is the
development of a system of conventions and
recommendations - international labor standards. It is
recognized that the importance of regional
international organizations in the establishment and
development of international standards is also
increasing in modern international law[1, p.121, 2, p.80,
3, p.238, 4, p.1078, 5, p.339].
A number of regional human rights documents provide
for the abolition of forced labor and the cooperation of
states in this regard. Slavery, forced labor and human
trafficking are covered by most regional documents,
including international treaties signed in Europe, North
and South America, Africa, the CIS and Arab countries -
the European Convention on Human Rights of 1950
(Article 4), the European Social Charter adopted in 1961
and revised in 1996 (Article 1, Clause 2), the American
Convention on Human Rights of 1969 (Article 6), 1981
Prohibited under the African Charter on Human and
Peoples' Rights (Article 5), the 1995 CIS Convention on
Human Rights and Fundamental Freedoms (Article 4)
and the 2004 Arab Charter on Human Rights (Article
10).
Research Article
LEGAL NATURE OF REGIONAL STANDARDS ON ENDING FORCED LABOR
Submission Date:
July 20, 2023,
Accepted Date:
July 25, 2023,
Published Date:
July 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue07-20
Jurabek Rasulov
Acting Associate Professor Of The Department Of International Law And Human Rights, Tashkent State
University Of Law, Doctor Of Philosophy (Phd) In Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 07-2023
119
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
118-121
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The 1998 Social Labor Declaration of the South
American Common Market (MERCOSUR), the 2007
Association of Southeast Asian Nations (ASEAN) on the
Protection and Support of the Rights of Migrant
Workers, and the 2012 Human Rights Declarations,
which are considered "soft law" norms, provide
additional regulatory recommendations on ending
forced labor.
Article 4 of the European Convention on Human Rights
of 1950 provides the following provision regarding
forced labor: "No one shall be subjected to forced or
compulsory labour"[6]. Also, a list of works and
services that are not considered "forced or compulsory
labor" for the purposes of the convention is defined,
which are essentially the same as the cases listed in
Article 8 of the International Covenant on Civil and
Political Rights.
According to Article 1 of the European Social Charter,
adopted by the Council of Europe in 1961 and revised in
1996, member states are obliged to "ensure the
effective protection of the right of workers to earn
wages through freely chosen work in order to ensure
the effective implementation of the right to work"[7]
and thus the Convention prohibits the use of forced
labor. Article 6 of the American Convention on Human
Rights, adopted by the Organization of American
States in 1969, provides for the prohibition of slavery
and servitude and forced labor: "No one shall be
compelled to perform forced or compulsory labor. This
provision does not mean that the execution of such a
sentence is prohibited in countries where the penalty
of deprivation of liberty is provided for certain crimes.
Compulsory labor must not undermine the dignity of
the prisoner or adversely affect his physical and
intellectual condition[8].
Article 5 of the African Charter on Human and Peoples'
Rights adopted by the African Union (the legal
successor of the Organization of African Unity) in 1981
states that "all forms of exploitation and degradation
of human dignity, in particular slavery, slave trade,
torture, cruel, inhuman or degrading punishment or
treatment shall be prohibited"[9]. The 1993 North
American Agreement on Labor Cooperation (NAALC)
includes the prohibition of forced labor as one of its
guiding "labor principles" and obligates each member
country to incorporate these principles into its national
legislation[10]. In the Social Labor Declaration
(Declaración Sociolaboral), adopted by the heads of
state of MERCOSUR in 1998, the participating
countries (Argentina, Brazil, Paraguay and Uruguay)
undertake to end the use of all forms of forced or
compulsory labor[11].
A number of regional documents, including the 1994
Inter-American Convention on International Traffic in
Minors and the 2002 South Asian Association for
Regional Cooperation (SAARC) Convention to Prevent
and Suppress Trafficking in Women and Children for
the Purpose of Trafficking, directly address the issue of
human trafficking.
Two documents adopted in the European region have
even wider areas of application. The 2005 Council of
Europe Convention against Trafficking in Human
Beings requires member states to take measures to
prevent and combat trafficking in human beings,
protect the rights of victims of human trafficking, and
promote international cooperation to combat human
trafficking[12]. The Convention aims to strengthen the
safeguards and standards recognized by other anti-
trafficking instruments. Another unique aspect of this
document is the requirement that "effective,
proportionate and dissuasive punishment" be applied
to criminal acts, as well as the establishment of an
Volume 03 Issue 07-2023
120
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
118-121
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
independent
mechanism
to
monitor
the
implementation of the Convention, namely the Group
of Experts on Anti-Trafficking in Human Beings
(GRETA). Directive 2011/36/EC of 5 April 2011 amending
Council
Decision
2002/629/JHA
(EU
Directive
2011/36/EC) also aims to strengthen preventive actions
and measures to protect victims. EU Directive
2011/36/EC extended the scope of the concept of
"exploitation of persons" not only in the areas of
activity listed in the Palermo Protocol, but also for
forced begging and use for the purpose of criminal
activity[13].
Regional instruments also contain similar provisions
that recognize certain acts as criminal acts, as well as
provisions on the investigation of trafficking-related
offenses and the prosecution of such acts. Like the
Transnational Organized Crime Convention, the
Council of Europe's Convention on Trafficking in
Human Beings requires states to define the liability of
legal entities such as companies and associations[12].
The report of the European Expert Group on
Trafficking in Human Beings, established by the
European Union in 2003, noted the use of forced labor
as an "essential element" of the Protocol to Prevent,
Suppress and Punish Trafficking in Human Beings,
especially women and children. According to the group
of experts, "States must criminalize any form of use of
persons in the form of forced labor, slavery or practices
similar to slavery, in accordance with the main human
rights treaties that prohibit the use of these
situations"[14].
Article 4 of the European Union Directive 2011/36/EC
provides for the establishment of heavier penalties (at
least ten years of imprisonment) for the following
cases: a) committed against the most vulnerable
persons, including children; b) committed within the
framework of a criminal association; c) if it is
committed by endangering the victim's life as a result
of intentional or gross negligence; g) if it was
committed with the help of gross violence or inflicting
severe injury[13].
First of all, international standards on ending and
combating forced labor are the subject of many
international
documents
adopted
within
the
framework of regional organizations. Most of these
instruments are considered "hard law" norms and
require member states to take strict measures to end
forced labor.
Second, one of the main requirements of the
international standards for the abolition of forced
labor is that states should establish criminal penalties
for forced labor in their legislation, ensure that they are
truly adequate and strictly observed.
REFERENCES
1.
Саидов А.Х. Имплементация международных
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Makhamatov, M. (2022). Features of the labor law
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ВАЛИЖОНОВ,
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ТЕОРЕТИЧЕСКИЙ
АНАЛИЗ МЕЖДУНАРОДНО–ПРАВОВЫХ ОСНОВ
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Sulaymanov, O., & Rasulov, J. (2021). Abolition Of
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Volume 03 Issue 07-2023
121
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
118-121
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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Валижонов,
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"МЕЖДУНАРОДНОЕ
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ОРГАНОВ
ПРОКУРАТУРЫ
ПО
ОКАЗАНИЮ
ПРАВОВОЙ ПОМОЩИ В УГОЛОВНОЙ СФЕРЕ THE
INTERNATIONAL
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