A/HRC/26/35
company with regard to working conditions and labour rights of migrants employed by that
company.
2.
Labour inspections
62.
Labour inspections are an important tool to combat human rights violations
committed against migrants in the workplace and can, if undertaken properly, prevent such
violations from occurring. However, the criminalization of irregular entry and stay and the
emphasis on immigration control has in some countries led to cooperation between labour
inspection and immigration enforcement and/or imposition of immigration control duties on
labour inspectors. The result impedes effective protection of all migrants under labour law,
and also intimidates migrants from denouncing abusive working conditions and from
cooperating with labour authorities. A migrant who is either irregular and fears detection
and deportation, or who has a precarious legal status and fears losing his/her job and
subsequently becoming irregular, will be very reluctant to report workplace violations to
labour inspectors, unless there is a “firewall” in place which prevents labour inspectors
from communicating information about potentially irregular migrants to immigration
enforcement. This “firewall” should apply not only to labour inspectors, but also to other
public servants migrants may be in touch with, such as the police, social workers, school
personnel and health care professionals, as well as courts, tribunals and national human
rights institutions. Migrants should be able to report abuse without fear of repercussions
regarding their migration status.
63.
In relation to domestic workers, labour inspections are particularly challenging, as
private households are usually off-limits for the inspectors and domestic workers are highly
vulnerable to abuse and exploitation. The Special Rapporteur believes labour inspections
inside private households, as well as regular meetings between domestic workers and a
labour inspector outside the household, would be important to combat the too-frequent
abuse of domestic workers: privacy is as important for the domestic worker as it is
important for her employer.
3.
Employer sanctions
64.
Employers who hire migrants have unique social control over their employees. In
particular, irregular migrants are easily exploited by their employers, who may require their
workers to undertake strenuous physical labour for long hours, and frequently pay them far
below the minimum wages, or not at all, knowing full well that their employees will avoid
complaining. This control is further exacerbated by migrants’ frequent lack of community
and family support and limited knowledge of the local language and legislation. When the
employer provides the accommodation and food for the migrants, this increases the
dependence on their employer. Unscrupulous employers sometimes retaliate against
migrants who voice employment-related grievances, such as the non-payment of their
wages, including by denouncing them to migration and other authorities, or fabricating
criminal accusations against them.
65.
Employers who violate the human rights of migrants rarely face consequences. The
Special Rapporteur has met with numerous migrants, particularly irregular migrants
working in informal sectors, who were being exploited by unscrupulous employers. Said
employers appeared to enjoy total impunity. Fighting labour exploitation of migrants by
sanctioning exploitative employers often seems to be a yet-unfulfilled State obligation,
although it would contribute greatly in reducing the pull factor of irregular migration and
thereby diminish the power of exploitative smugglers over migrants, by reducing the
attractiveness of irregular employment and thus reduce the size of the underground labour
markets that are a key pull factor of irregular migration. The EU’s Employers Sanctions
Directive is a promising initiative in this respect, intended to facilitate access to justice by
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