3071-The political economy of new slavery

Victoria Firmo-Fontan 101
mented migrants, who should be deported. This practice does not take
into consideration the reasons that they chose to leave their countries,
and does not motivate them to seek reparation or help if mistreated by
their employers while residing in the country of destination. Article 6
of the UN Convention on the Elimination of All Forms of Discrimination
Against Women of 1979 obliges state parties to ‘take all appropriate
measures, including legislation, to suppress all forms of trafficking in
women and exploitation of prostitution of women’. 17 However, the provision
contains no explanation or definition of the terms ‘trafficking’
and ‘exploitation of prostitution’. The Committee (CEDAW), established
under the convention in order to review state parties’ compliance with
their treaty obligations, recognizes the role of poverty and unemployment,
wars and armed conflicts in increasing the incidence of trafficking
in women. It also stresses the need for the protection of victims and
prosecutions of perpetrators. Moreover, the UN International Convention
on the Protection of the Rights of All Migrant Workers and Their Families of
1990 requires state parties to recognize all migrant workers as ‘persons
before the law’ and to ensure their access to the legal system and
non-discriminatory treatment before the courts. 18 Another relevant
instrument is the UN Convention on the Rights of the Child of 1989. 19
Under the convention, children are recognized to have special needs
and a different legal status to adults. They are therefore protected under
the terminology ‘best interests of the child’ against any act from the
state that could result in their revictimization. It also calls upon states
to combat kidnapping of children and to protect them from economic,
sexual or other exploitation. BiH has not signed the Slavery Convention
of 1926 which abolishes slavery in all its forms, including forced or
compulsory labour that develops into ‘conditions analogous to slavery’.
However, BiH is party to the UN Supplementary Convention on the Abolition
of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery
of 1956. 20 This convention calls for the abolition of slavery-like institutions
and practices such as debt-bondage or forced marriages. As many
sexual slaves are kept imprisoned as a result of a need to repay their
captors for travel, auction and lodging costs, thus clearly constituting
a situation of debt-bondage, the aforementioned convention could be
used as an alternative to the other treaties victimizing the individual as
an illegal migrant.
As described by Ould in Chapter 3 of the present volume, the term
‘trafficking’ was not appropriately conceptualized until the adoption
in 2001 of the United Nation Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing the