International Day for the Abolition of Slavery

December 2nd is celebrated as the International Day for the Abolition of Slavery.
Although it seems a distant reality, the Global Slavery Index of 2018 reports that, in 2016, around 40.3 million people were in conditions of modern slavery, the vast majority being women (71%). Of these, 24.9 million were in conditions of forced labor and 15.4 million in forced marriages.

The historical process that led to the outlawing of human trafficking and slavery in the light of Human Rights was long and tortuous:
By the law of 1761, D. José, king of Portugal, declared free all male and female slaves brought from Asia, Africa and America that disembarked in Portugal.
This law did not translate, however, into the end of slavery, since, in addition to the existing slaves, there were also all those who were born of a slave mother and who, for this reason, remained slaves. Twelve years later, in 1773, a new law was passed, known as the Law of the Free Womb. It determined that children born to a slave mother became free and that all slaves whose great-grandmother was already a slave could be freed.

Law of the Free Womb available here: https://digitarq.arquivos.pt/viewer?id=4662389. This document integrates the Exhibition “The Construction of Europe History, Memory and Myth of Europeanness Over 1000 Years”.

Portugal, a pioneering European country in globalization, stands out for having had, during the history of its long colonial period, an important position in the global trade in slaves from Africa. Between 1450 and 1900, it will have trafficked around 11 million people.
In 1444, the first shipment of private initiative of 235 slaves from Africa arrived in Lagos, Algarve, probably giving rise to the first European slave market of the modern era. In mid 16th century Lisbon, African slaves represented about 10% of its population.

Despite the 1761 law, the illegal entry of slaves from the colonies persisted. With the independence of Brazil, many Portuguese who brought their slaves returned to Portugal. Upon arrival in Portugal the slaves were to become free, but the king granted their owners a special privilege to keep them.
However, the 1761 law is a law of modernity that begins a slow chronology, made up of advances and setbacks, towards the definitive abolition of the slave trade and slavery.
Portugal was one of the first European countries to prohibit the entry of slaves, but also one of the last to abolish, in 1869, slavery in its colonies.

Maria Trindade Serralheiro (text) and Ana Fernandes (trad.)
Senior Technicians, General Directorate of Books, Archives and Libraries, Portugal
.

The Charter of Law of Abolition of the Death Penalty, 1867: a pioneer milestone of European humanism and liberalism

The Charter of Law is included in the first exhibition of the European Digital Treasures project “The Construction of Europe” as one of the records representing the intellectual Heritage of Enlightenment.

Portugal was one of the pioneering countries with a law to abolish the Death Penalty for civil crimes. The law was approved by the Portuguese Parliament and published on July 1st, 1867.

Charter of Law approving the penal and prison reform, with the abolition of the death penalty, 26-06-1867 / 01-07-1867, Lisbon (Portugal) 12 folio sheet containing 3 records, manuscript on paper; 40 x 25,5 x 0,4 cm National Archive of Torre do Tombo Ref Code: PT/TT/LO/003/31/64,
National Archive of Torre do Tombo.

How had this issue been discussed in the early times of European abolitionism in the 18th and 19th century?
It was a time when philosophers, jurists, poets, writers, publicists and some state rulers discussed and implemented, with advances and retreats, penal reforms with more efficient laws against criminality, but also more respectful for human dignity: cruel and corporal punishments, executions exuberantly carried out in public became less common.
Cesare Beccaria, a philosopher and jurist of Milan, published, in 1764, his famous and influential criminology essay “On Crimes and Punishments”. He proposed some of the first modern arguments against the Death Penalty. He was deeply opposed to the capital punishment, which was rare for a time where this sanction was an acceptable response for many crimes. He openly condemned the Death Penalty and argued: the state does not possess the right to take lives; the Death Penalty is a crime legitimated by law; capital punishment is neither a useful nor a necessary form of punishment.

In the mid of the 19th century, Europe saw a new wave of abolitionism. In 1848 the Death Penalty was abolished in San Marino, Freiburg and Neufchatel. In France, Victor Hugo launched a vigorous campaign which contributed to the abolition of the Death Penalty for political crimes in 1848.

Victor Hugo, the French novelist and a fervent abolitionist celebrated the pioneers of the abolition of the Death Penalty in Portugal as an achievement and hope for the European abolitionist movement.
He writes, on the 2nd July, 1867, to Eduardo Coelho, director of the newspaper ”Jornal de Notícias”:

   (…). I congratulate your parliament, your thinkers, your writers and your philosophers! I congratulate your nation. Portugal gives the example to Europe. Enjoy this immense glory beforehand. Europe will follow Portugal. Death to death! War to war! Hate to hate! Hurray to life! Liberty is an immense city, of which we’re all citizens. I shake your hands as my compatriots of humanity.”

European Heritage Label,
National Archive of Torre do Tombo.

As part of its commitment to defending Human Rights, the EU is the largest donor in the fight against Death Penalty worldwide. All EU countries have abolished the Death Penalty in line with the European Convention on Human Rights. All over the world the death penalty seems to decline. Although over 60% of the world’s population live in countries where the Death Penalty continues to exist.

As European citizens we also have the chance to look at this past as a springboard to the future of Human Rights in Europe and in the world.
As an important milestone in the promotion of European Values of Citizenship, with special focus on Human Rights, the Charter of Law was awarded the European Heritage Label, in 2015. The record is accessible in six EU languages.

Written by Maria Trindade Serralheiro, Senior Technician / Information, Statistics and Quality Systems, General Directorate of Books, Archives and Libraries, Portugal
Ana Isabel Fernandes (trad.), Senior Technician / Communication Office, Torre do Tombo National Archive, General Directorate of Books, Archives and Libraries, Portugal