Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Forced Labour Convention, 1930 (No. 29) - Brazil (Ratification: 1957)

The Committee notes the discussion that took place in the Conference Committee in 1992 as well as the Committee's concern at the seriousness of the problems discussed. With regard to the statement made by the Government representative, the Committee notes with interest the detailed information supplied by the Government in its report.

The Committee has referred to the comments made in 1986 by the Latin American Central of Workers (CLAT) and the International Confederation of Free Trade Unions (ICFTU) and those presented in 1991 by the International Federation of Plantation, Agricultural and Allied Workers (IFPAAW) and the Association of Labour Inspectors (AGITRA) of Brazil, alleging that thousands of workers, including minors, are subjected to forced labour and debt bondage, that hiring is conducted on the basis of false promises and that violence is used to retain or punish workers who attempt to escape, in various sectors of the rural economy and in mining.

In its previous observation, the Committee referred in detail to the cases reported by the above organizations and observed that their allegations concurred. It also observed that the instances cited constituted serious violations of Conventions Nos. 29 and 105 and urged the Government to reinforce the measures being implemented to put an end to the alleged practices and to remedy the shortcomings that have been noted in the application of the Conventions on forced labour.

The Committee notes the comments presented by the National Confederation of Agricultural Workers (CONTAG) in June 1992, a copy of which was sent to the Government on 10 July 1992 for it to make any comments it deemed appropriate. The allegations concern the practice of "slave" labour in the Medasa distillery in the municipality of Madeiros Neta in the State of Bahía, where cane workers are brought by means of false promises as to wages and other working conditions and are forced to remain until the end of the harvest, are paid considerably less than the amount agreed upon, and work in subhuman conditions. These practices were denounced by a group of workers who managed to escape.

The Committee notes the information supplied by the Government in its report, and particularly the list of prosecutions for forced labour brought under section 149 of the Penal Code which provides for a penalty of imprisonment for those who reduce a person to conditions similar to those of slavery, and various provisions of the labour legislation concerning wages and other conditions of work. The list includes several of the estates, enterprises and distilleries referred to by the trade union organizations in their comments, including the Medasa distillery referred to by the CONTAG in its comments of June 1992. The Committee also notes that inspection visits are being conducted through the action of the National Department of Labour Inspection and that some of the reports have been sent by the Government.

The Committee notes with interest the programme to eradicate forced labour and hiring on the basis of false promises (PERFOR), established by a Decree of the President of the Republic, of 3 September 1992, which aims to eradicate from the whole of the national territory all forms of work which may be considered as forced labour, that is, work which is carried out under threat or with the use of violence or which reduces the worker to conditions similar to those of slavery (section 2.I). To achieve the programme's objectives, measures will be taken to improve working conditions in the rural and urban sectors, inspection, the application of sanctions in the event of infringements and the legal instruments to suppress forced labour and hiring on the basis of false promises (section 3).

The programme will be directed by an interministerial committee and implemented by authorities of the Federal System of Labour Inspection, the Federal Police and other state bodies. The Committee also notes that the duties of the interministerial committee responsible for the programme include the preparation of information to be supplied to the ILO when it so requests.

The Committee notes the Government's statement in its report that it is very concerned at the existence of forced labour in certain States of the country, and that major efforts are being pursued to eliminate or at least reduce the frequency of occurrences of forced labour. It also indicates that workers', employers' and other bodies that have cooperated in denouncing forced labour practices are not represented in the programme to eradicate forced labour but that the Ministry of Labour is redefining and broadening the programme's activities in order to involve them.

The Committee notes the Government's concern and the measures being implemented to eliminate existing problems and ensure the application of the Conventions on forced labour. It notes, however, from the various comments presented by workers' organizations, that systematic action commensurate with the dimensions and gravity of the problems is called for, and that the sanctions imposed must be really effective and strictly applied. In this connection, the Committee observes that, according to the allegations presented by the AGITRA (Association of Labour Inspectors) in 1991, "forced labour is increasing enormously in the country, while labour inspection is dwindling". Furthermore, the Committee notes the comments made by the AGITRA on 28 February 1993, a copy of which has been communicated to the Government. In these comments the AGITRA alleges that the many successive changes which have taken place in the Labour Ministry have resulted in the discontinuance of programmes, including the rural labour inspection programme. The AGITRA furthermore refers to the programme to eradicate forced labour and hiring on the basis of false promises (PERFOR) which, in its view, has been a "mere bureaucratic measure" and even a step backward, if compared with the "Termo de Compromisso", since that agreement provided for the participation of the National Confederation of Agricultural Workers (CONTAG).

The AGITRA also points out, however, that some isolated measures have been taken, for instance in the case of the enterprise Resiflora in Ceidreira, denounced by the AGITRA and mentioned by the Committee of Experts in its observation of 1992; the entrepreneur has been indicted for imposing "slave labour".

In its comments the AGITRA refers to the case of an estate of Campo Bom, where the inspectors of the Division of Labour Relations (DRT) were able to note that 30 persons, including several children, worked in irregular labour conditions, tantamount to those of slave labour. The Committee asks the Government to provide information on the measures being taken by the governments of the different States, particularly those where the greatest number of cases of forced labour have been observed, since, as the Government has indicated, the size of the territory makes it difficult to prevent and suppress violations of the national legislation.

The Committee hopes that the Government will continue to supply information on the measures taken, and particularly on the progress and outcome of the proceedings brought for forced labour referred to in the list provided by the Government. It would also appreciate information on the sanctions imposed and the measures to strengthen labour inspection. It also requests the Government to provide particulars of the activities carried out in the context of the programme to eradicate forced labour.