Bonds payable , also known as bondage debt or tied labor, is a person's pledge of employment or service as collateral for payments for debt or other obligations , where there is no hope to actually repay the debt. The services required to pay debts may not be undefined, and the duration of the service may not be undefined. Debt bonds can be inherited from generation to generation.
Currently, debt bondage is the most common method of slavery with an estimated 8.1 million people illegally tied to labor as cited by the International Labor Organization in 2005. Debt debt has been described by the United Nations as a form of "modern slavery" and The Supplementary Convention on the Abolition of Slavery sought to abolish the practice.
Although most countries in South Asia and Sub-Saharan Africa are part of the Convention, the practice is still prevalent in the region. It is estimated that 84 to 88% of the world's tied workers are in South Asia. The lack of prosecution or inadequate punishment of these crimes is the main cause of such practices on this scale today.
Video Debt bondage
Overview
Definition
Although the 1930 Forced Labor Convention by the International Labor Organization, which includes 187 parties, seeks to organize attention to combat slavery through forced labor, the formal opposition to debt bondage in particular came to the Supplementary Convention on the Abolition of Slavery in 1956. The 1956 service defines debt bondage under Article 1, section (a):
"Bonds payable, that is to say, the status or condition arising from an appointment by a debtor of his personal services or persons of a person under his control as a guarantee of debt if the value of the service is reasonably appraised is not applied towards liquidation or long debts and the nature of the service is not restricted and defined specifically; "
When pledging to provide services to pay off debts made by an individual, employers often illegally invest interest rates on an unreasonable amount, making it impossible for individuals to abandon bonded work. When a laborer is bound to die, debt is often passed on to children.
Term use
Although debt bondage, forced labor, and trafficking are all defined as the form or variation of slavery, each term is different. Bond debt differs from forced labor and trafficking in which a person consciously pledges to work as a means of repaying debt without being placed into labor against the will.
Bonds debt only applies to individuals who have no hope of leaving the workforce because of the inability to repay the debt back. Those who offer their services to pay off debts and employers reduce the corresponding debt not in debt bondage.
Maps Debt bondage
History
Asia
In the 19th century, people in Asia were tied up with labor for various reasons ranging from farmers mortgaging harvest to addicted drug addicts in China. When natural disasters occur or food is scarce, people voluntarily choose debt bondage as a means for a safe life. At the beginning of the twentieth century in Asia, most workers bound by debt bondage have been born into it. In certain areas, as in Burma, debt bondage is much more common than slavery. Many enter into slavery to pay off the interest on the loan or pay taxes, and when they work, often on farms, lodging, meals, and clothing expenses added to the existing debt causes the debt and overall interest to increase. These added borrowed loan values ​​make leaving slavery impossible to achieve.
Moreover, after the development of the international economy, more workers were needed for the pre-industrial economies of Asia during the 19th century. Greater labor demand is needed in Asia to drive exports to emerging industrial countries such as the United States and Germany. The cultivation of commercial crops such as coffee, cocoa, sugar, and mineral exploitation such as gold and tin has led to livestock owners looking for individuals who need loans to keep workers permanently. In particular, India's indenture system is based on a debt bond in which about two million Indians are transported to various European power colonies to provide labor for plantations. It started from the end of slavery in 1833 and continued until 1920.
Africa
Important for East and West West Africa, pawnshops, defined by Wilks as "the use of persons in transferring their rights to debt settlement," were common during the 17th century. The pawnshop system coincided with the slave trade in Africa. Although slave exports from Africa to America are often analyzed, slavery is rampant internally as well. The development of such plantations in Zanzibar in East Africa reflects the need for internal slaves. Furthermore, many of the exported slaves are men because the brutal and labor-intensive conditions favor the formation of the male body. This creates gender implications for individuals in the mortgage system as more women are pawned than men and are often sexually exploited domestically.
After the abolition of slavery in many countries in the nineteenth century, Europeans still needed laborers. Moreover, the conditions for freed slaves were very rough. Discrimination is rampant in the labor market, making sustainable income achievements for former slaves difficult. Because of these conditions, many freed slaves prefer to live through slavery-like contracts with their employers in a manner parallel to debt bondage.
Europe
Classic ancient
Bond debt is "very normal" in classical antiquity. The poor or those plunged into debt may place themselves in a "voluntary" bond - or rather, perhaps forced by circumstances to choose debt bondage as a way to anticipate and avoid the worse conditions that their creditors may impose. In the Greco-Roman world, debt bonds are a distinct legal category in which free people may fall, in temporary theory, distinguished from pervasive practices of slavery, which include slavery as a result of debt default. Many forms of debt bonds exist in ancient Greece and ancient Rome.
Ancient Greek
Debt bonds are widespread in ancient Greece. The only city-state known to have abolished it was Athena, as early as the Archaic period under Solon's debt reform law. Both slavery for debt and debt bondage are practiced in Ptolemaic Egypt. In the Hellenistic period, limited evidence suggests that debt bondage has replaced debt bondage.
The heaviest debt bonds are the various forms of paramon? , "indentured labor." As a legal matter, someone who is targeted by paramon? is certainly free, and not a slave, but in practice his freedom is greatly limited by his enslavement. The Solon reform took place in the context of democratic politics in Athens demanding a clear distinction between "free" and "slave"; as a bad consequence, slavery enslavement increases.
The sale of the child itself into slavery may in many cases be caused by extreme poverty or debt, but firmly a form of slavery, not debt bondage. The exact legal situation in Greece, however, is much worse documented than in ancient Rome.
Ancient Rome
Nexum is a debt bondage contract in the early Roman Republic. In the Roman legal system, it is a form of mancipatio . Although the terms of the contract will vary, basically a free man promises himself as a bond slave (nexus) as collateral for the loan. He may also surrender his son as collateral. Although the slave may experience humiliation and abuse, as a legal citizen he should be released from corporal punishment. Nexum was deleted by Lex Poetelia Papiria in 326 BC, partly to prevent abuse of physical integrity of citizens who had fallen into debt bondage.
Roman historians illuminate the abolition of nexum with traditional stories that vary in specific matters; in essence, an nexus who is a handsome but respectable young man suffering sexual harassment by a debt holder. In one version, the young man was in debt to pay for his father's funeral; on the other, he has been handed over by his father. In all versions, it is presented as a model of virtue. History or not, the cautionary story highlights the nonconformity of subjugating one free citizen with the use of another, and the legal response is aimed at establishing citizens' rights to freedom (libertas), which is distinguished from slave or social outcasts.
Cicero considers the abolition of nexum especially political maneuvers to placate ordinary folk (plebs): the law was passed during the Order Conflict, when the Plebeians were struggling to establish their rights in relation to the privilege of the descendants of the nobility. Although nexum was abolished as a way to get a loan, debt bondage may still occur after the debtor fails.
Medieval Europe
While serfdom under feudalism was the dominant political and economic system in Europe in the High Middle Ages, surviving in the Austrian Empire until 1848 and the Russian Empire until 1861 (details), debt bondage (and slavery) provided other forms of non-free labor.
America
- During the colonial history of the United States, people bound themselves with owners who pay their way to the New World. They work until the debt pays off, often for years.
- In Peru, peonage systems existed from the 16th century to land reform in the 1950s. One Peru plantation that dates back to the late 16th century to end has up to 1,700 people employed and has prisons. They are expected to work for their landlords at least three days a week and more if needed to complete the assigned work. Workers are paid symbolically two cents per year. Workers can not travel out of assigned land without permission and are not allowed to organize any independent community activity. In the Peruvian Amazon, peonage debt is an important aspect of contemporary Urarina society.
Modern practices
Although the numbers are different from those in the International Labor Organization, Siddharth Kara researchers have calculated the number of slaves in the world by type, and determined that by the end of 2011 there were 18 to 20.5 million laborers bound. Workers who are bound to work in the current industry that produces goods include but are not limited to frozen shrimp, bricks, tea, coffee, diamonds, marble, and apparel.
South Asia
Although India, Pakistan and Bangladesh all have laws that prohibit debt bondage, it is estimated by Kara that 84 to 88% of the world's tied workers are in South Asia. The figures by Human Rights Watch in 1999 drastically higher estimated 40 million workers, mainly made up of children, tied to labor through debt bondage in India alone.
Burning bricks
Research by Kara estimates there will be between 55,000 and 65,000 kiln bricks in South Asia with 70% of them in India. Another study estimates 6,000 kilns in Pakistan alone. The total revenue from the brick kiln in South Asia is estimated by Kara to be $ 13.3 to $ 15.2 billion. Many brick kiln workers are migrants and travel between brick kiln sites every few months. Kiln workers often live in extreme poverty and many start working in kilns through an average initial loan payment of $ 150 to $ 200. The kiln owners offer "friendly loans" to workers to avoid being criminalized in violation of labor laws. Tied brick kiln workers, including children, work in harsh and insecure conditions because the heat from the kiln can cause heat stroke and a number of other medical conditions. Although these workers have the option of failing to pay the loan, there is fear of death and violence by the brick kiln owners if they choose to do so.
Rice harvest
An important point for the South Asian diet, rice is harvested throughout India and Nepal in particular. In India, more than 20% of agricultural land is used to grow rice. Mill mill owners often hire workers who live in harsh conditions on farmland. Workers receive such low wages so they have to borrow money from their employers causing them to be tied to rice milling through debt. For example, in India, the average rate of payments per day is $ 0.55 dollars as recorded in 2006. Although some workers may be able to survive at least from their compensation, uncontrollable life events such as illness require loans. Families, including children, work day and night to prepare rice for export by boiling it, drying it in the sun, and sorting it out for purification. In addition, families living in rice production sites are often excluded from access to hospitals and schools.
Sub-Saharan Africa
Although there is no reliable estimate of workers bound in Sub-Saharan Africa to date from reliable sources, the Global Slavery Index estimates the total number enslaved in the region is 6.25 million. In countries such as Ghana, it is estimated that 85% of those enslaved are tied to labor. In addition, the region includes Mauritania, the country with the highest proportion of slavery in the world as it is estimated that 20% of its population is enslaved through methods such as debt bondage.
fishery
The Foundation for Environmental Justice found human rights abuses in the coastal fisheries of South and West Africa including labor exploitation. Exporters of fish companies encourage small businesses and individuals to lower profits, leading to bankruptcy. In many cases, recruitment to these companies takes place by attracting small business owners and migrant workers through debt bondage. In recruiting individual fishermen, fees are sometimes charged by brokers to use ports that open the debt cycle.
Domestic worker
After countries begin to formally abolish slavery, rampant unemployment for blacks in South Africa and Nigeria encourages black women to work as domestic workers. Currently, estimates from the International Labor Organization suggest that between 800,000 and 1.1 million domestic workers are in South Africa. Many of these domestic servants became engaged in work in processes similar to other industries in Asia. The wages given to the servants are often so poor that the loans are taken when the servants need more money, so it is impossible to escape. Working hours for domestic workers are unpredictable, and since many servants are women, their young children are often left behind under the care of older children or other family members. In addition, these women can work up to age 75 and their daughters tend to be servants in the same household.
Prostitution
Mandatory debt is common for girls in forced prostitution, especially those transported to other areas. They are forced to pay off their debts, often at 100 percent interest, and pay for rooms, food, and other items. In addition to debt bondage, women and girls face multiple violations, including illegal confinement; forced workers; rape; physical abuse; and much more. Their chieftain presents an account, which makes the girl has a debt of between 10 thousand and 90 thousand dollars because of expensive travel, documents, medical examinations, and other cruel taxes. Many prostitutes are forced not to receive money for years, and it is not uncommon for a woman to work for 30 years, 10 to 18 hours every day, and leave a brothel without money, begging on the streets or in need of social assistance, while the profits "owner "can reach millions of dollars. The enslaved slaves become sexual slaves, submissive and exploited mercilessly, and in some cases they are branded with tattoos or hot irons as property by their "owners".
Consequences
Revenue
The International Labor Organization (ILO) estimates that $ 51.2 billion is done annually in labor exploitation through debt bondage. Although employers are actively participating in the acquisition of labor payables, buyers of products and services in manufacturing and abroad also contribute to the profitability of this practice.
The running cycle
In many industries where public debt traps like brick kilns or fisheries, the whole family is often involved in paying off the debts of one individual, including children. These children generally do not have access to education so it is impossible to get out of poverty. In addition, if a relative still in debt dies, slavery is passed on to other family members, usually children. At the International Labor Organization Convention, this cycle is labeled as "The Worst Forms of Child Labor". Researchers such as Basu and Chau link child labor through debt bondage with factors such as labor rights and the stage of economic development. Although minimum age labor laws are present in many areas with child debt bonds, the law does not apply primarily with regard to the agrarian economy.
Policy initiatives
UN
Debt bonds have been described by the UN as a form of "modern slavery" and are prohibited by international law. This is specifically addressed by article 1 (a) of the 1956 United Nations Supplementary Convention on the Abolition of Slavery. However, it is especially true in developing countries, which have few mechanisms for credit security or bankruptcy, and where fewer people hold formal ownership of land or property. According to some economists, such as Hernando de Soto, this is a major obstacle to development in these countries. For example, entrepreneurs dare not take risks and can not get credit because they have no collateral and can burden the family for future generations.
South Asia
India was the first country to pass legislation that directly bans debt bondage through the Labor Law (Abolition) Law, 1976. Less than two decades later, Pakistan also confirmed similar acts in 1992 and Nepal ratified Labor Laws ( Prohibition) Kamaiya in 2002 Despite the fact that this law applies, debt bonds in South Asia are still widespread.
In India, the rise of Dalit activism, the government legislation that began in 1949, as well as the continued work by NGOs and government offices to enforce labor laws and rehabilitate those in debt, appears to have contributed to the reduction of the workforce bound there. However, according to a research paper presented by the International Labor Organization, there are still many obstacles to the eradication of united labor in India.
Sub-Saharan Africa
In many countries such as South Africa, Nigeria, Mauritania, and Ghana where bond ties are prevalent, no law either prohibits direct state or appropriate penalties. For example, South Africa passed the 1997 Working Procedure Act prohibiting forced labor but sentenced to up to 3 years in prison. In addition, although many countries in Sub-Saharan Africa have laws that vaguely prohibit debt bondage, prosecution of such crimes is rare.
See also
- Debtor Prison
- Human trafficking
- Contractual obligation
- Unconscious charging
- Peon
- Worst Forms of Child Labor Convention
- Forced labor
- Child labor
- Children's trade
- Forced Prostitution
- Serfdom
Contemporary:
- Modern slavery
- Chukri System
- Bonded Labor Liberation Front, India
- Bonded Labor Condition in Pakistan
- Syeda Ghulam Fatima
- Bonds payable in India
- Restavek, Haiti
- Siddharth Kara, Author
- UN 1956 Additional Convention on the Abolition of Slavery
References
- Giri, B.R. (2012) 'Bonded Labor System in Nepal: Assessment of the Musahar and Tharu Community' of the Haliya and Kamaiya Labor Contracts, 'Journal of Alternative Perspectives in Social Sciences, 4 (2): 518-551.
- Giri, B.R. (2010) 'Bonded Labor Practices in Nepal: "Promise Education" as a Magnet of Children's Attachment?' South Asian Research, 30 (2): 145-64
- Giri, B.R. (2010) The Haliya and Kamaiya Bonded Child Laborers in Nepal, at G. Craig (ed.), Child Slavery Now, pp.227-241, Bristol (UK): Press Policy.
- Giri, B.R. (2009) 'Bonded Labor System in Nepal: Child Labor Perspective Haliya and Kamaiya,' Journal of Asian and African Studies, 44 (6): 599-623.
- Giri, B.R. (2007) 'Modern Slavery,' at: R. Ennals (ed.) From Slavery to Citizenship, West Sussex, England: John Wiley and Sons, pp.Ã, 257-261.
Organization Report
- ILO Forced Costs 2009
- International Labor Office. (2005). Global alliance against forced labor
- ILO Minimum Forecast on Forced Labor in the World. (2005)
- Forced Labor: Definitions, Indicators and Measurements 2004 - ILO
- Stopping Forced Labor 2001 - ILO
- Human Trafficking Operations Manual 2009 ILO/SAP-FL
- List of Human Trafficking Persons 2009 ILO/SAP-FL
- Edward H. Lawson; Mary Lou Bertucci (September 1, 1996). Encyclopedia of human rights . Taylor & amp; Francis. pp.Ã, 345-346. ISBN: 978-1-56032-362-4 . Retrieved March 10 2011 .
External links
- The official website of Anti-Slavery International
- Profile of forced labor, modern slavery, and human trafficking of the International Labor Organization, with links to statistical data and other information
International legal instruments
- ILO Forced Labor Convention, 1930 (No. 29)
- ILO Convention on the Abolition of Forced Labor, 1957 (No. 105)
- ILO Minimum Age Convention, 1973 (No. 138)
- ILO Convention on the Worst Forms of Child Labor, 1999 (No. 182)
Source of the article : Wikipedia
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