Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 29) sur le travail forcé, 1930 - Brésil (Ratification: 1957)

1. The Committee notes the detailed information provided by the Government in its report, as well as the discussion which took place at the Conference Committee on the Application of Standards in 1997. The Committee is also concerned about the reports from the Inspection Secretariat which reveal the degrading circumstances in which forced labour is exacted in haciendas around the country, and particularly in rural areas. These circumstances include 18-hour working days, physical abuse, grossly inadequate nutrition and water supplies, lack of proper protective equipment, no toilet facilities, and supplying alcohol to workers to encourage them to work. The Committee also notes the comments on the application of Conventions Nos. 29 and 105 sent shortly before the Committee's meeting by the Latin American Central of Workers (CLAT), to the effect that the Government has not succeeded in eradicating forced labour and that serious problems persist in labour inspection, the imposition of adequate penalties and the protection of witnesses.

2. In its previous observation, the Committee requested the Government to supply information regarding the measures taken to follow up the recommendations approved in November 1995 by the Governing Body in its tripartite examination of the representation made by the CLAT under article 24 of the ILO Constitution, alleging non-observance by the Government of Brazil of Conventions Nos. 29 and 105 (document GB.264/16/7). The Committee notes that, in its conclusions, the Conference Committee endorsed the recommendations approved by the Governing Body. The Conference Committee observed that, despite the action that had been taken at federal level and in a number of States with a view to eradicating forced labour, there remained serious deficiencies in the practical application of these Conventions. It noted the establishment by the President of the Republic of the Executive Group for the Abolition of Forced Labour (GERTRAF), for the purpose, as the President said, of defining really severe sanctions for anyone who makes Brazilians into slaves.

3. Having regard to the serious nature of the allegations, the Committee hopes that the Government will provide a detailed reply to the comments made by the CLAT and information on the measures taken or contemplated to apply the Convention.

Article 25 of the Convention

4. In its conclusions on the aforementioned representation, the tripartite committee set up by the Governing Body observed that the allegations claiming that the proceedings initiated have been slow, were well-founded and that few penal sanctions had been imposed on those responsible for the exaction of forced labour. The tripartite committee also observed that the few people who had been convicted of exacting forced labour had been intermediaries or small owners and leaseholders, while the owners of large haciendas or enterprises using the "services" of "third party" enterprises or individual intermediaries for production activities conducted under conditions of forced labour went unpunished. In this regard, the Government reiterates in its report that, because legislation contains no definition of the concept of slave labour referred to in section 149 of the Penal Code, there are major practical difficulties in imposing more severe penalties on persons guilty of exacting forced or compulsory labour. The Government has provided copies of a number of court judgements but there was only one decision by which an employer was sentenced to two years' imprisonment for contravening section 149 of the Penal Code.

5. However, the Committee notes with interest the copies forwarded by the Government of various Presidential Decrees declaring the haciendas of some owners, who have been guilty of degrading labour practices, to be of public interest for the purpose of agrarian reform. Such declarations have resulted in the haciendas being confiscated from the owners to be transferred to the agrarian reform system for later possible distribution to other farmers.

6. The Committee trusts that the Government will take the necessary measures to ensure, in accordance with the Convention, that the relevant provisions of national legislation are amended so that the definition of slave labour covers forced labour and effective penalties can be imposed on persons found guilty of exacting forced labour, particularly in rural areas. The Committee requests the Government to provide detailed information on this matter, particularly as to the practical aspect of the presidential Decrees.

7. The Committee previously noted that a number of trials initiated in 1994, 1993 and some in 1991, involving allegations of relevance to the Convention, were still in progress. The Government's information confirms that the judicial authorities are acting towards punishing cases of the use of forced labour but must follow existing procedures. In this regard, the Committee notes the extreme slowness of the judicial process which, in many legislative systems, would amount to a denial of justice and in addition the Committee notes that this slowness could in practice result in the deterrent effects hoped for being negated. The Committee requests the Government to inform it of any measures taken to expedite the trials that are still in progress and the outcome of such trials.

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2

8. The Committee recalls the information provided previously on the possibility of drawing up a consolidated Bill which would allow more adequate treatment of the various aspects of "degrading labour", which includes forced labour. While expressing its concern at the absence of effective legislation for combating forced labour, the Committee again expresses the hope that the Bills currently under consideration will result very soon in the adoption of a text and requests the Government to provide a copy of the Bills as soon as they have been adopted.

9. The Committee notes that the Inspection Secretariat is reinforcing its role to combat forced labour by expanding the rural inspection teams and is directing inspection activities to areas where rural workers are recruited in order to inform and educate employers about the rights of workers who are to be recruited. The Committee also notes the publication of Regulation No. 101 of 12 January 1996 which allows mobile inspection teams to apply to the National Institute of Settlements and Agrarian Reform (INCRA) to expropriate rural land for the purpose of agrarian reform in cases of repeat offences of "degrading labour" practices. An additional 1,000 agents have been recruited; there is currently a total of 3,192 agents at national level and more inspectors are to be recruited this year. The Committee also notes that the activities of the Mobile Inspection Service covered 112,551 workers in 370 undertakings between 1996 and 1998, and that the number of inspections carried out at rural workplaces increased from 1,628 in 1995 to 5,858 in 1996 and 9,737 in 1997. The Government points out that the civil institutions (including trade unions) have joined forces in the fight against forced and "degrading labour" and reports such practices to the Ministry of Labour which immediately notifies teams of the Special Mobile Inspection Service. The Committee requests the Government to provide detailed information on the activities of the labour inspectorate in the fight against forced labour, in particular in rural areas. It also requests the Government to keep it informed of any measures to protect the work of inspectors in areas with a high incidence of forced labour practices.

[The Government is asked to report in detail in 1999.]