Slavery in The 21st Century

42 Abolishing Slavery
Group against Slavery, Apartheid, Gross Human Exploitations and Human Degradation”. 234 That
proposal was not eventually accepted.
141. The most recent recommendation by the Working Group on the issue of the “[s]lavery-like
practices of apartheid and colonialism” was issued in 1992, when it referred to earlier recommendations
to focus attention on the situation of vulnerable groups, particularly women and children,
and decided to devote “attention to ways and means to assist victims of apartheid in order to mitigate
its consequences”. 235
2. World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance; historic responsibility and reparations
142. The longer individuals are kept in a situation of slavery, the more difficult it often becomes
to reintegrate them into their original social environment. Consequently, there is a particular
urgency to secure their release from their slavery status, while ensuring it is done in an ordered
way that does not jeopardize their physical or mental well-being. Rehabilitation following the
release of the victim is particularly important to ensure that the victim does not slip back into slavery.
Often, when victims are released from slavery or servitude they are impoverished, have little
or no education or vocational training outside their slave labour, may fear retaliation by the perpetrator,
and may be shunned or stigmatized by their families and communities. In each of these
circumstances, the victims may have little choice but to resume their slavery status as the only
means to survive.
143. In recent years, the need to provide reparations to individual victims of human rights abuses
has received increasing attention from the international community. In 1993, Theo van Boven, the
Sub-Commission’s Special Rapporteur on the right to restitution, compensation and rehabilitation
for victims of gross violations of human rights and fundamental freedoms, concluded that slavery
and slavery-like practices are violations of human rights that give rise to a right of reparation for
victims. 236 Van Boven’s report culminated in the drafting of a set of basic principles and guidelines
for reparations. According to these guidelines, States should provide reparations to victims of violations
of human rights and humanitarian law, 237 including restitution, 238 compensation, 239 rehabilitation,
240 satisfaction and guarantees of non-repetition. 241
144. A number of treaties and other international instruments provide for reparation to victims
of human rights violations, albeit only in the specific context addressed by each instrument. 242
Additionally, the United Nations Sub-Commission on the Promotion and Protection of Human
Rights has passed a number of resolutions calling on States to provide compensation and other
forms of reparation to victims of human rights abuses. 243 The Sub-Commission addressed the topic
of reparations in several resolutions adopted in preparation for the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance (WCAR), held in Durban, South
Africa, in 2001. 244 On 6 August 2001 the Sub-Commission adopted a resolution:
234 Report of the Working Group on Slavery on its ninth session, United Nations document E/CN.4/Sub.2/1983/
27 (1982), recommendations 3 and 13.
235 Report of the Working Group on Contemporary Forms of Slavery on its seventeenth session, United Nations
document E/CN.4/Sub.2/1992/34, p. 26.
236 United Nations document E/CN.4/Sub.2/1993/8, para. 137(1).
237 United Nations document E/CN.4/Sub.2/1993/8, para.137.
238 Restitution must restore the victim to the original situation before the violations of international human rights
or humanitarian law occurred, United Nations document E/CN.4/2000/62, para. 22.
239 Compensation must cover any economically assessable damages resulting from violations of international human
rights and humanitarian law, United Nations document E/CN.4/2000/62, para. 23.
240 Rehabilitation should include medical and psychological care, as well as legal and social services for the victim,
United Nations document E/CN.4/2000/62, para. 24.
241 Satisfaction and guarantees of non-repetition include actions that ensure closure to the victim as well as prevention
of the recurrence of such violations, United Nations document E/CN.4/2000/62, para. 25.