HRC 54: Homelessness Becoming a Major Contributing Factor in the Increase of Slavery and Exploitation
The 54th Session of the Human Rights Council
11th September - 13th October 2023
Agenda Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
Report of the Special Rapporteur on contemporary forms of slavery
18th September 2023
By Tamir Boldbaatar / GICJ
Executive Summary
During the 12th meeting of the 54th Session of the Human Rights Council, an Interactive Dialogue was held with the Special Rapporteur on contemporary forms of slavery, including its causes and consequences. The Special Rapporteur on contemporary forms of slavery, Professor Tomoya Obokata, a scholar of international law and human rights who specialises in transnational organised crime, human trafficking and modern slavery, highlighted that homelessness has long been regarded as contrary to international human rights law.
However, homelessness, under Article 11 of the International Covenant on Economic, Social and Cultural Rights, is a violation of the right to adequate housing. Homelessness also serves as a cause of contemporary forms of slavery, which contradicts international conventions. For instance, the Slavery Convention of 1926, the Forced Labour Convention of 1930, and the Worst Forms of Child Labour Convention of 1999. There is no internationally agreed definition of homelessness.
Background
The Special Rapporteur emphasised the need to refrain from adopting a narrow understanding of homelessness. Therefore, he mentioned that living in various forms of temporary accommodations, informal settlements, and unsuitable living arrangements also could be considered a lack of housing. Consequently, adequate housing is a component of the right to an adequate standard of living. It has been estimated that 150 million people globally are homeless for a multitude of reasons including escaping from domestic servitude, sexual exploitation, labour exploitation, and forced or child marriages etc. The Special Rapporteur noted that homelessness serves as a cause of contemporary forms of slavery, and as a result, individuals can easily be targeted by exploiters and traffickers. Criminal actors recruit homeless persons.
report analysed homelessness as both a cause and a consequence of contemporary forms of slavery and drew attention to this crucial human rights issue. States must implement legislative and other appropriate measures to eliminate discrimination against persons experiencing homelessness. Particular care and attention must be paid to homeless children, who are among the most vulnerable to contemporary forms of slavery. Their best interest must be taken into consideration at all times in developing and implementing an appropriate strategy to facilitate their reintegration into their families and communities. Equal access to education, health care, information, and justice should also be guaranteed without discrimination.
Report of the Special Rapporteur
The Special Rapporteur’s report underlined that among lesbian, gay, bisexual, transgender, queer and intersex young people, many end up on the streets because they are abandoned by their families and communities. Due to discriminatory laws and practices in areas of divorce, inheritance, matrimonial property issues and domestic violence, women are also vulnerable to homelessness. As a result, women may engage in sex work. Also, Indigenous people may constitute another group of people of homelessness. Persons experiencing homelessness, including children and young people in street situations, were recruited and exploited in a variety of economic sectors by criminal actors, family members, friends, and employers.
Furthermore, Professor Obokata discussed the topic of slavery in Mauritania and Costa Rica. Mauritania has made a number of important changes to strengthen its criminal justice framework. Despite these achievements, descent-based slavery and other slavery-like practices have continued in Mauritania. The Special Rapporteur implored the Government of Mauritania to take all necessary measures to eliminate traditional and contemporary forms of slavery in the country and to adopt bolder measures to end the deep-seated societal acceptance of slavery.
Professor Obokata expressed concern about the existence of contemporary forms of slavery in Costa Rica. He highlighted the reports of forced labour in coffee, pineapple, banana and other plantations, as well as in construction, services and domestic work. He called on Costa Rica to ensure the protection of all workers, including migrant and Indigenous workers and those of African descent, from labour and sexual exploitation. The Special Rapporteur emphasised the work needed to address these breaches of human rights law and strengthen the protection of victims' and workers’ rights.
Speakers of the Countries Concerned
The Representative of Mauritania appreciated and endorsed most of the recommendations made by the Special Rapporteur. Considerable progress had been made through the national action plan to combat trafficking, the strengthening of the judicial system, harmonising with international standards and criminalising slavery and human trafficking. The Mauritanian government worked with civil society to assist victims of slavery and human trafficking. There have been successful prosecutions for the crimes of slavery and a national body has been established specially to investigate cases of trafficking. The National Human Rights Institution of Mauritania noted that civil society organisations have worked tirelessly with all bodies involved in combating slavery, including the courts. The situation had to be improved to allow everyone an equal opportunity to gain work.
The Representative of Costa Rica expressed a deep commitment to combating contemporary forms of slavery. Costa Rica has developed a legal framework to tackle this issue and has committed to implementing international obligations through the creation of specialised bodies and through plans designed in collaboration with the United Nations and competent authorities. Costa Rica regretted that the Special Rapporteur’s report did not reflect the reality of the country and requested a meeting with the Special Rapporteur to exchange views on the statements in the report. Costa Rica was the country in the region with the lowest employment rate of minors as its efforts to eradicate child labour have had concrete results and has established a roadmap for 2025 which seeks to eradicate child labour for good. The country was determined to integrate all migrants and refugees into the formal sector and would continue to work with the private sector to make this a reality. Costa Rica reiterated its commitment to abolishing all forms of contemporary slavery.
Interactive dialogue
Delegates appreciated the report’s emphasis on adopting a rights-based approach and the need for inclusiveness, especially to protect vulnerable groups. Many delegates reaffirmed their unwavering commitment to combating all forms of contemporary slavery in line with regional and international obligations. Some representatives outlined that it was necessary to highlight the role of the Governments, their legislation and their initiatives in the field of housing, to achieve social justice and eradicate all causes leading to homelessness and inequality. In the discussion, many delegations mentioned it was important to guarantee the right for all to live free of slavery and the lack of comprehensive data was an important obstacle to monitoring and addressing homelessness.
The Ambassador of the Sovereign Order of Malta to Monitor and Combat Trafficking in Persons emphasised the collaboration among many religious congregations to stop slavery. The Order of Malta collaborates with many religious organisations to protect and rehabilitate victims of slavery. The Order of Malta organised the side event in collaboration with IOM and the Permanent Mission of the Dominican Republic to raise awareness of contemporary slavery on the 20th of September 2023. The Order of Malta welcomed the increased collaboration with the Special Rapporteur. The Order of Malta through its National Associations and its worldwide humanitarian organisation, as well as its national relief corps closely works to prevent modern slavery and to promote the protection and rehabilitation of the victims.
The Representative of the United States recognised the challenges faced by persons experiencing homelessness and the effects on their communities. The United States shared the Special Rapporteur’s concerns about the vulnerability to homelessness of women, children, and members of underserved or marginalised racial, ethnic, and Indigenous communities. People subject to homelessness are at increased risk of exploitation, including sex trafficking. The USA appreciated the Report’s spotlight on best practices and the positive efforts taken by countries including Georgia, Cameroon, and Mexico, in eliminating forms of homelessness among vulnerable groups. The representative added that the international community must do more to advance the human rights and fundamental freedoms of those susceptible to contemporary slavery. Ending homelessness requires a whole-of-society approach that breaks down barriers and addresses intersecting forms of discrimination to ensure equitable access for all. In the end, the USA raised a question to the Special Rapporteur: how can governments and civil society work together more effectively to protect vulnerable populations susceptible to contemporary forms of slavery?
The Representative of the EU thanked the Special Rapporteur and reiterated their strong support for his mandate. This year’s report, analysing homelessness as both a cause and a consequence of contemporary forms of slavery, put the focus on a crucial human rights issue. The representative noted that housing is a human right, and it is at the heart of the social contract between the State and its citizens. The delegate notes that many persons experiencing homelessness are affected by multiple and intersecting forms of discrimination, including sex, race, ethnic or social origin, religion or belief, political or any other opinion, disability, age, sexual orientation and gender identity that affect their access to education, affordable housing, decent work and essential services. In recent years, stable and secure housing has become out of reach for many young persons and others with low or unstable incomes.
In 2021 the EU launched the European Platform On Combatting Homelessness which guides their approach toward ending homelessness in the EU by 2030. At the core of their approach is that no one should be discriminated against due to their homelessness status.
The representative of the United Kingdom noted that women and children are disproportionately affected by exploitation and homelessness. Discriminatory laws and practices significantly increase the risks that they face. As the Report states: female-headed households constitute a staggering 70% of the world’s homeless or inadequately housed population. The UK fully recognised that individuals who are homeless, or at risk of becoming homeless, may be more vulnerable to becoming victims of modern slavery, particularly where they have associated support needs. The UK expressed its commitment to working with all partners to raise awareness, and prevent and protect victims of modern slavery. This year, the UK updated their guidance on providing homelessness services to victims of modern slavery. This will help local authorities more effectively support victims. The UK hoped that these efforts will improve understanding of the National Referral Mechanism and its interaction with statutory homelessness duties. The UK also raised the question to the Special Rapporteur: what more can be done to raise awareness and enhance our understanding of the linkages between homelessness and contemporary forms of slavery?
The Representative of Australia discussed how through their development assistance programs they are targeting the structural causes of homelessness and helping to provide shelter for victim-survivors of modern slavery, including children. Over the past year, Australia increased their investments in programs which build resilience, and tackle gender inequality and a lack of economic opportunity. In June, they committed $1 million to the United Nations to support the Voluntary Trust Fund on Contemporary Forms of Slavery and the Trust Fund on Victims of Trafficking in Persons, especially Women and Children. In Australia, they are also taking steps to reduce the risk of homelessness among victim-survivors of human trafficking. For example, under the Support for Trafficked People Program, Australia has increased the initial period of assistance from 45 days to 90 days and is piloting ways to access the program. Australia asked the Special Rapporteur: how can States best raise public awareness of the risks of modern slavery for those experiencing homelessness?
Concluding remarks
Many delegates thanked the Special Rapporteur and reiterated strong support for the mandate.Represetnatives appreciated the report’s emphasis on adopting a rights-based approach and the need for inclusiveness, especially to protect vulnerable groups. Many persons experiencing homelessness are affected by multiple and intersecting forms of discrimination, including on grounds of sex, race, ethnic or social origin, religion or belief, political or any other opinion, disability, age, sexual orientation and gender identity.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) implores States to guarantee housing to fulfil the enjoyment of fundamental human rights and extend protections without discrimination. States must ensure a clear and coherent synergy between policies. GICJ expresses support to all children, young people, women, minorities, Indigenous peoples, persons with disabilities and lesbian, gay, bisexual, transgender and intersex people to prevent the risk of homelessness and exploitation. Moreover, it is essential to eliminate barriers that make it difficult for those experiencing homelessness to acquire access to vital public services. GICJ asks States to provide equal access to essential services, such as health care and social assistance, as well as access to justice and remedies for all persons experiencing homelessness and secure equal access to education and vocational training without discrimination.
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