A/HRC/26/35 country for a long time, or who came as infants, or who are working and thus contributing to the society in which they live. E. Access to an effective remedy 59. The Universal Declaration of Human Rights recognizes that everyone has the right to an effective remedy from the competent national tribunals for acts violating the fundamental rights granted to him or her. More specifically, article 83 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provides that migrants shall have access to an effective remedy, by competent judicial, administrative or legislative authorities, when their rights are violated. However, lack of knowledge of the local language and legislation, including in relation to their human and labour rights and how to report violations of those rights, means that migrants too frequently do not have access to an effective remedy. Furthermore, migrants who report abuse by their employer may fear retaliation. Irregular migrants always fear detection. Seeking remedy after return (either voluntary or deportation) to their country of origin is often very difficult. Migrants who live in employer-owned or operated migrant labour camps, which are frequently located in rural areas, and who are dependent on their employers for transportation and access to community facilities and public services, find access to legal services and community resources in general difficult. The Special Rapporteur has received allegations concerning lack of legislation and implementation of existing legislation which enables the practice of denying or not allowing certain human rights defenders, in particular legal advocates and other community service providers, meaningful access to migrant farmworker in labour camps, including by allegedly harassing and threatening these human rights advocates. 1. Complaint mechanisms and access to courts 60. Complaint mechanisms and courts are often not easily accessible for migrants, especially due to the frequent lack of interpreters and legal aid. Migrants are frequently not aware of the relevant legislation and different procedures in place, and even if they are, they may be reluctant to file complaints against their employers. This is due to various factors: their residence permits may be linked to their employment relationship, they may lack identity documents, they may have recruitment-related debt in their home country which they desperately need to pay, or there may be a lack of protection mechanisms or knowledge about such mechanisms for migrants who file cases against their employers. Migrants who do not have a written work contract often cannot prove a work relationship. The Special Rapporteur has received information indicating that irregular migrants who have sought advice from lawyers have been told that the lawyers may be forced to disclose their clients’ immigration status, further hampering their access to the courts. Witnesses (usually co-workers) are often not willing to testify, as they may fear losing their job, or they may themselves be in an irregular situation and fear detection. Due to all these difficulties, migrants will in many cases choose to find a new job rather than confront an abusive employer: “moving on” often appears to be the best survival strategy. 61. Migrant domestic workers, in particular, are frequently very isolated. Those who never leave their employers’ households often cannot communicate with others. When they can, they often do not know how to complain, or who to complain to, and they may fear reprisals, including false accusations of theft, losing their job, indefinite detention and being left on the streets. Reprisals are often a problem when trying to reveal cases of labour exploitation of migrants. As an example, the Special Rapporteur has received information concerning criminal charges of broadcasting false statements against a human rights defender who did research for a report which detailed serious human rights violations by a 15