PRACTICAL APPLICATION: EmPLOymENT AND LABOUR RIGHTS
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labourers and their family members were freed from bondage	overnight,	with	the	government	declaring
their	debts	to	landlords	void	and	threatening	up	to 10	years	imprisonment	for	anyone	keeping	bonded
labourers.
When	the	government	issued	the	Freedom Declaration,	it	also	stipulated	plans	for	rehabilitation,
including land grants for the freed kamaiyas. However,	as	of	2008,	about	half	of	the	freed
kamaiyas	are	still	landless.		Furthermore,	the	land grants	provided	have	generally	been	quite	small
in size.  Thus the fundamental condition that gave rise	to	bonded	labour	in	the	irst	place,	namely	the
Tharus’	alienation	from	ancestral	domain,	is	still	a problem.		The	ongoing	economic	vulnerability	of
the	group	makes	them	susceptible	to	other	forms of	labour	exploitation	including	forced	labour,	child
labour	and	payment	below	the	minimum	wage. Peter Lowe. Kamaiya: Slavery and Freedom in
Nepal. Kathmandu, MS-Nepal, 2001 ILO Katmandu News report. 8th Kamaiya Liberation
Day observed in Nepal with the demand for effective rehabilitation of freed Kamaiyas. http:www.iloktm.
org.npread_more.asp?id=127
Latin	America:	Child	labour	and	vocational training.
Of	the	approximately	40	million	indigenous	people in	Latin	America,	almost	half	of	them	15-18	million
are	girls,	boys	and	adolescents.	Generally,	it	is estimated that indigenous children are twice as likely
to	work	as	their	non-indigenous	peers.	In	order	to combat	child	labour	among	indigenous	children,
the	development	of	high	quality	vocational	training, relevant	to	the	particular	linguistic	and	cultural
context	of	indigenous	peoples	must	be	provided. In	Central	America,	initiatives	are	taken	to	create
education	and	vocational	training	appropriate	to the	needs	of	indigenous	peoples.	In	Nicaragua,	the
Autonomous University of the Caribbean Coast of Nicaragua	URACCAN	and	the	Blueields	Indian
and	Caribbean	University	BICU	are	speciic educational	institutions,	established	to	provide
special	programmes	for	indigenous	peoples	in	the Autonomous Regions.
URACCAN contributes to strengthening the Regional	Autonomy	by	complementary	processes
of	self-development,	local	capacity-building, multiethnic unity and integral training of men and
women in the Region. Its mission is to contribute to the strengthening of Autonomy by training
the human resources in the Region and for the Region;	by	making	room	for	the	development	of
knowledge,	skills	and	attitudes	in	order	to	preserve natural	resources	while	promoting	sustainability;
and	creating	local	capacity	so	that	the	full	exercise
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of	human,	indigenous	and	autonomic	rights	can	be fulilled.	In	addition	to	bilingual,	culturally-relevant
formal university courses in indigenous law and traditional	medicines,	these	universities	offer
programmes	in	leadership,	literacy	and	community organizing	to	adults	who	have	no	previous	formal
education. http:white.oit.org.peipec;
http:www.Uraccan.edu.ni. Case prepared by: Brenda Gonzales Mena.
Trade	unions	and	indigenous	communities combating	forced	labour	in	the	Peruvian
Amazon	region Indigenous	peoples	have	for	centuries	been	the
most	affected	by	practices	of	forced	labour	in	Latin America. The region has the second highest number
of	victims	of	forced	labour	in	the	world,	over	1.2 million	people	according	to	ILO	estimates.	In-depth
ield	research	in	the	rural	areas	of	Bolivia,	Paraguay and	Peru,	has	conirmed	that	indigenous	peoples
are	particularly	vulnerable	to	a	form	of	forced	labour called debt bondage. Indigenous workers are
recruited by labour intermediaries who – through wage	advances	and	other	manipulations	-	induce
them	into	an	artiicial	debt	that	they	cannot	repay. Long	hours	of	work	are	not	suficient	to	repay
this	debt,	thus	trapping	the	workers	into	greater debt	and	a	longer	debt	repayment	period.	This
system	perpetuates	the	poverty	or	extreme	poverty of	the	workers	and	impedes	human	and	social
development.
In	Peru,	a	study	carried	out	in	2004	by	the	ILO	and the	Peruvian	Ministry	of	Labour	and	Employment
Promotion	conirmed	the	existence	of	forced	labour practices	in	the	context	of	illegal	logging	in	the
tropical	Amazon	region,	with	an	estimated	number	of 33,000	victims,	most	of	which	belong	to	indigenous
peoples.
The study revealed two main forms of forced labour in	logging	activities	in	the	Amazon:
The most common modality is that indigenous •
communities	are	contracted	to	provide timber from their own land. The communities
in	return	receive	money,	food	or	other goods that are advanced to them under the
condition	that	the	community	members,	who know	the	area,	will	deliver	timber.
The second modality consists in situations
• where indigenous and other workers are hired
to	work	in	logging	camps. Both	modalities	use	deception	to	entrap	workers	in
a	cycle	of	debt	and	servitude	that	is	often	passed	on from one generation to the next.
These	forced	labour	practices	are	linked	to	the	larger issue	of	discrimination	against	indigenous	peoples	in
the labour market. They are frequently at the bottom of	the	occupational	ladder,	engaged	in	low-pay,
irregular	and	unprotected	employment	and	subject to discrimination in remuneration.
In	2006	and	2007,	the	ILO	ofice	in	Peru	and	the Building	and	Wood	Workers’	International	BWI
signed	two	agreements	to	speciically	address forced labour. The two organizations committed
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themselves	to	a	series	of	joint	activities,	on awareness-raising,	dissemination	of	information,	and
efforts to organize workers in the forestry sector.
As	a	result,	a	trade	union	pilot	project	to	combat forced labour in the forestry sector in Bolivia and
Peru	was	launched	in	August	2008,	inanced	by the	Netherlands	Trade	Union	Federation	FNV.	The
project	is	implemented	in	the	Ucayali	Region	by	the National	Federation	of	Workers	in	the	Wood	and
Allied	Industries	FENATIMAP,	an	organisation	that comprises	workers	from	several	trade	unions	and
associations	linked	to	the	forestry	sector,	mainly located in the Peruvian Amazon region. FENATIMAP
has for many years coordinated its actions with representatives	from	indigenous	communities,	and
has further extended its relations with indigenous organisations	during	the	implementation	of	this
project.
The	objective	of	the	project	is	to	contribute	to	the reduction of the number of workers in situations
of forced labour through a series of awareness- raising	and	capacity-building	activities.	These
activities	include	training	of	trade	union	promoters on	issues	such	as	forced	labour,	fundamental
rights	of	workers	and	indigenous	peoples,	legal mechanisms	to	respond	to	violations	of	these	rights,
and organisational ways to advance collective action.	Indigenous	leaders	participate	in	the
training and later organise training and awareness- raising	activities	in	their	respective	communities
and	organisations,	together	with	FENATIMAP’s promoters.
As	a	result	of	the	coordinated	implementation	of	the project,	indigenous	organisations	are	establishing
formal links with FENATIMAP to enable further joint	action	to	protect	the	fundamental	rights	of
workers	and	indigenous	peoples.	Awareness-raising activities are being organised in several locations
in	the	region,	and	the	network	of	indigenous communities	and	organisations	participating	in	these
actions	is	expanding.	The	established	links	are	also proving	valuable	for	the	collection	of	information	on
situations of forced labour and illegal logging in the region.	The	project	has	additionally	disseminated
information on forced labour and indigenous peoples’	rights	in	the	local	media,	making	the	issues
more	visible	to	the	authorities	and	the	general	public.
The	project	demonstrates	that	the	coordination between indigenous organisations and trade
unions	can	facilitate	indigenous	peoples’	access to	legal	mechanisms;	provide	a	wider	network	of
support;	and	open	up	new	possibilities	of	dialogue within institutions where they have traditionally not
participated.	The	trade	unions	have	gained	a	better understanding	of	the	realities	and	problems	faced	by
indigenous	peoples,	and	can	raise	their	concerns	in diverse	contexts,	including	the	different	mechanisms
of	social	dialogue	in	which	they	participate. Bedoya and Bedoya: Trabajo forzoso en la
extracción de la madera en la Amazonía Peruana, ILO 2005;
A Global Alliance Against Forced Labour, ILO Global Report 2005.
Case prepared by Sanna Saarto, ILO’s Programme to Combat Forced Labour, Peru.
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xIII.
CONTACTS AND
COOPERATION
ACROSS BORDERS
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