A.3. Measures adopted by the State 116. In 1995, the Brazilian State acknowledged the existence of slave labor and began to take measures to combat it.83 117. To this end, among other measures, it issued Decree No. 1,538 creating the Interministerial Group for the Eradication of Forced Labor (GERTRAF), composed of various ministries and coordinated by the Ministry of Labor, with the participation of several agencies, institutions and the International Labour Organization (ILO). The Special Mobile Inspection Group was also established with authority to act in rural areas and to investigate reports of slave labor, supporting the operations of the Interministerial Group for the Eradication of Forced Labor.84 118. In 2002, together with the ILO, the State implemented the technical cooperation project “Combating slave labor in Brazil.”85 It created the National Coordinator for the Eradication of Slave Labor86 and launched the First National Plan for the Eradication of Slavery in Brazil.87 In addition, it enacted Law No. 10608/2002, on unemployment insurance for workers rescued from the forced labor regime or from a condition similar to slavery. 88 119. In 2003, Law No. 10803/2003 was enacted amending the wording of article 149 of the Brazilian Penal Code. It defined the concept of contemporary slave labor, including the conducts of debt bondage, and slavery due to exhausting working hours and degrading working conditions.89 It issued Ordinances No. 540 of October 15, 2004, and No. 2 of May 12, 2011, creating the List of Offending Employers (known as the “Lista Suja” or Dirty List) that contains the names of those known to exploit labor under conditions analogous to slavery, and which could be consulted by financial institutions when credits were requested. 90 Ministry of Labor and Employment of Brazil. Manual to combat work in conditions similar to those of slavery. November 2011 (evidence file, folio 9991). See, inter alia, Declaration of the President of the Republic, Fernando Henrique Cardoso, of June 27, 1995: “There are still Brazilians who work without freedom. But, in former times, slaves had an owner. The slaves of modern Brazil change owners and never know what is awaiting them the following day. […] Slave labor is work that deprives workers of freedom of movement. This occurs, mainly, in the southern part of Pará. More than 80% of the complaints that reach the Ministry of Labor are from Pará. For example, in haciendas that carry out deforestation, the slave worker is supervised 24 hours a day, by well-armed gunmen. […] his debt increases, he receives nothing at the end of the month and is obliged to continue working to pay off his debt […]. Today, I am signing a decree to create an executive group for the elimination of forced labor […] The first task will be to define sanctions that are truly rigorous for those persons who convert Brazilians into slaves. […] In Brazil, the problem of slave labor and of degrading work is very, but very serious. Fortunately, the Government is not alone in taking action to combat it. Several civil society organizations, such as the Comisión Pastoral de la Tierra, are also acting. The problem must be addressed in this way: combining efforts and setting aside political or religious interests […] I call out to those Brazilians who are enslaved and to their families: denounce this situation! […] We need to make a national effort to comply with the Lei Aurea [Note: the 1888 Golden Law that abolished slavery in Brazil] (evidence file, folio 7108). 83 Testimony provided by affidavit of José Armando Fraga Diniz Guerra on January 28, 2016 (evidence file, folio 13314). 84 International Labour Organization (ILO). Fighting forced labour: the example of Brazil. Brasilia, 2010, p. 1 (evidence file, folio 427). 85 86 Testimony provided by affidavit by Jonas Ratier Moreno on January 29, 2016 (evidence file, folio 13327). Ministry of Labor and Employment of Brazil. Slave labor in Brazil in retrospective: research references. January 2012 (evidence file, folio 9958). International Labour Organization (ILO). Fighting forced labour: the example of Brazil. Brasilia, 2010, p. 126 (evidence file, folio 427). 87 88 Testimony provided by affidavit by Jonas Ratier Moreno on January 29, 2016 (evidence file, folio 13327). 89 Testimony provided by affidavit by Jonas Ratier Moreno on January 29, 2016 (evidence file, folio 13327). Testimony of Leonardo Sakamoto at the public hearing. International Labour Organization (ILO). Fighting forced labour: the example of Brazil. Brasilia, 2010, p. 3 (evidence file, folio 447). The publication of the “dirty list” was suspended on December 23, 2015, as a result of the ruling on direct action for unconstitutionality No. 5,209 (evidence file, folio 7301). It was subsequently reinstated by Interministerial Decision No. 2 of March 31, 2015 90 29