Hostname: page-component-78c5997874-4rdpn Total loading time: 0 Render date: 2024-11-19T10:40:27.816Z Has data issue: false hasContentIssue false
  • English
  • Français

An “International Human Rights Comittee for Slavery”?*

Published online by Cambridge University Press:  12 February 2016

J. J. Lador-Lederer
Get access

Extract

It is certainly difficult to assess whether, and to what degree, international anti-slavery legislation has been successful. The facts are that in the nineteenth century, legal and religious motivations were conjoined with technical developments creating a situation in which the manpower problem came to differ in essentials from that which had sustained slavery, both in “exporter” and “importer” countries. In the result slavery was abolished west of the Atlantic, and with it slave trade on the western shores of Africa. It soon transpired, however, that the disintegration of the westward-bound trade only reinforced its eastward branch. Although attempts were made at an international level to extend to the East the western experience in abolition of the slave trade, they did not meet with full success, and, apart from the protection of women and minorities, abolition of slavery remains today the main problem of group protection confronting the United Nations Organization. At present, the U.N. is negotiating for its third set of “teeth” with which to confront this problem.

The standing of the United Nations in this matter, is that of an Agent of Protection—a function which has in the last two hundred years or so developed in each case where international legislation related to groups of beneficiaries (such as slaves, minorities, prisoners-of-war, etc.) which have no independent standing as subjects of International Law, and therefore are incapable of negotiating for themselves (or through representatives appointed by them) the conditions of their protection in respect to sovereign States as obligatees, and even less of providing for a control of such protection and the obtention of remedial action. The range of effectiveness of such Agents of Protection is obviously indicated with the effective influence which such agencies may exercise in the orbit of Order (and Protection) through Authority—as an Order subsidiary and supplementary to the Order (and Protection) through Consent.

Type
Articles
Information
Israel Law Review , Volume 3 , Issue 2 , April 1968 , pp. 245 - 253
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1968

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 A term to be more fully discussed in the author's forthcoming work.

2 For a well-documented historical survey see the Secretary-General's Memorandum on The Suppression of Slavery, 1951, ST/SOA/4. See also Hurewitz, J.C., Diplomacy in the Near and Middle East (1956) I, ss ff.Google Scholar

3 Neil, Stephen, Colonialism and Christian Missions (1956).Google Scholar

4 The Convention of St. Germain-en-Laye, September 10, 1919.

5 This is confirmed by the history of art. 4—as well as by its subsequent fate. As to the history, the Working Group adopted it on the understanding that it covered traffic in women, servitude and forced labour. In adopting resolutions 350 (XII) (on Forced Labour and Measures for its Abolition) and 607 (XXI) (on Forced Labour), ECOSOC endorsed the view that forced labour came under this provision.

6 Cf. Gen. Ass. res. 2768 (III) of May 13, 1949, and ECOSOC resolutions 238 (IX) of July 20, 1949, 276 (X) of March 6, 1950, 564 (XIX) of April 7, 1955, 608 (XXI) of April 30, 1956.

7 May, 1950, E/1988. Moreover, cooperation with the ILO was secured, and in due course ILO doc. CEIL/I/3 of January, 1951, was received—a General Report on Indigenous Workers in Independent Countries.

8 “Esclavage et servitude sont encore de ce monde” in (1952) Revue de droit int. (Sottile), Geneva, 270.

9 The second survey is published under E/2537, the third under E/2673, the fourth under E/4168-rev. 1.

10 NGO reports are not published, but see Dr. Awad's report (E/4168-rev. 1) paras. 1451–63, 1508–10, 1543–46.

11 A case in point is the right of search of suspect vessels in the Red Sea and the Indian Ocean. Twice, in 1956 and 1958, the subject was discussed and twice the susceptibilities of certain States were taken into consideration—thus gaining a reprieve for slavery of ten more years, so far. The United Nations Review (III/4, October 1956) contains the following report: “During the last days of the debate on the Convention, the Conference considered a clause which would have permitted ships of signatory states to stop and search vessels suspected of carrying slaves. As originally drafted, the provision for seizure and search applied ‘on the high seas in the area of the Indian Ocean, including the Red Sea and the Persian Gulf’. A number of delegates, however, objected to singling out any particular region, and the seizure and search provision was dropped altogether.”

12 Abolition of (a) debt bondage, (b) serfdom, i.e. persons who are by law (in cluding customary law), customs or agreement attached to a certain immovable estate; (c) limitations (as set out in the text); (d) sale of children; (e) sale of girls in marriage without the right and opportunity to refuse, a right of disposition over her and her children being given to her purchaser-husband, to his clan or to his family: E/1988.

13 Final Act; 255 U.N.T.S., 10.

14 Recommendation B.3: E/1988, 121; E/2357, 37.

15 Recommendations C.1 and 2:E/1988, 21; E/2357, 45–6.

16 Recommendation C.8 (E/1988) refers to cases in which States consider themselves unable “to liberate at once all slaves or persons of other servile status”: E/2357, 47.

17 E/2357, 47. This provision would meet one of the accepted subterfuges: according to trustworthy sources, Saudi Arabian officials showed no hesitation in accepting false documents stating that a slave had not been recently abducted (since this is illegal), but had been born in slavery.

18 Ibid., 47.

19 Ibid.

20 Ibid., 48.

21 E/1988, para. 33; E/2357, 53.

22 E/2357, 59.

23 Ibid., 62.

24 Ibid., 55.

25 See Dr.Khalil's, M. remarkable documentary record in two vols. The Arab States and the Arab League (Beirut, 1961Google Scholar) shows that the Arab League never adopted a resolution on the abolition of slavery. As to Britain's Treaty of Friendship with Saudi Arabia, 1927, see Oppenheim-Lauterpacht (8th ed.) I, 733, with reference to Cmd. 2951 and 134, B& FSP, 276.

Surprisingly, Dr. Gaius Ezejiofor, a Nigerian lawyer and a member of Inner Temple, author of The Protection of Human Rights under the Law (1964), does not even mention slavery (although the theme appears in his Index) other than as part of the documentary appendices to his text. Manouchehr Ganji, an Iranian, trained in Kentucky and Geneva, deals with the problem, 88–112, though mainly descriptively.

26 In this connection one obtains a significant glimpse of the cost of U.N. tribunical action. While the Special Rapporteur would be paid subsistence and a honorarium of $1,000 for his work, the round-trip transportation to New York and subsistence for the Rapporteur during the drawing up of his Report, with the help of the UN Secretariat, are estimated at some $1,800. Thus, considering that the report will be published in three languages, and on the basis of a publication of not more than 100 pages, estimated to cost $4,000, out of an aggregate expenditure of $10,300 the intellectual part of it figures at scarcely 10% whilst publicity—or, in other words, group protection through publicity—figures at 40%.

27 E/4168-add. 2.

28 Ibid., 12.

29 Continuing “Technical co-operation programmes might be undertaken with a view to eradicating some of the institutions and practices similar to slavery…i.e. debt bondage and serfdom”: E/CN.4/Sub.2/280, 33.

30 Ibid., 37.

31 Ibid., 45 and 43.

32 Report, paras. 1625/CN.4/Sub.2/280, 31.

34 Ibid., 37. Since 1961 officers of the U.N. Division of Narcotic Drugs have been posted to South-East Asia with headquarters in Bangkok; another officer was posted to Peru, 1963–5 (ECOSOC res. 914 E (XXXOV) of August 3, 1961). Ibid on the cooperation with the International Criminal Police Organization (ICPO/Interpol).