A/HRC/26/35
corresponding need to open up a greater number of regular migration channels and
effectively sanction exploitative employers of irregular migrants, which would lead to
fewer instances of irregular migration, and less exploitation of irregular migrants.
72.
Improve the recruitment process, including through the effective regulation of
private recruitment agencies and sub-agents/brokers, and abolish the practice of
recruitment fees for migrants, as these fees should be covered by the employer.
73.
Ensure that policymakers and the public are continually educated about the
human and labour rights of migrants.
74.
Improve data collection and indicators in all areas relevant to labour migration
in order to make informed policy decisions.
75.
Ratify the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families.
76.
Ratify the ILO Fundamental Conventions and the migrant workers
Conventions (C.97 and C.143), as well as C.181 concerning private employment
agencies, and C.189 concerning decent work for domestic workers.
77.
Encourage and monitor the implementation by business enterprises of the
Guiding Principles on Business and Human Rights. The principles state that business
enterprises are required to (a) avoid causing, or contributing to, adverse human rights
impacts through their own activities, and to address such impacts when they occur;
and (b) seek to prevent or mitigate adverse human rights impacts that are directly
linked to their operations.
78.
Embassies and consulates of countries of origin should play an active role in
protecting the rights of their nationals, such as by providing counselling, shelter,
travel documents and return tickets, and assisting in legal proceedings. Additionally,
trainings should be organized systematically for migrants in their home country prior
to their departure, and include information on their rights and duties in the country
of destination, information on complaint mechanisms, and provide basic language
training.
1.
Manifestations of labour exploitation
79.
Take all necessary measures to combat discrimination and violence against
migrant workers, including sexual violence, beatings, threats, psychological abuse and
denial of access to medical care, by adopting and implementing legislation prohibiting
such acts, effectively investigating cases of discrimination and violence, prosecuting
and punishing those responsible, as well as providing reparations to victims.
80.
Ensure that all workers receive a contract in a language they understand, and
that they are protected against contract substitution. Ensure that the contract signed
by the worker in their home country is respected in the destination country, and that
the work they perform is in accordance with their contract. Bilateral agreements
between countries of origin and destination should strengthen human rights
protection, and include a model contract which sets out the rights of the worker,
including working conditions, and salary. Use certified recruitment agencies, and
ensure that they do not work with non-registered sub-agencies.
81.
Combat wage theft and ensure, by law, that all migrant workers receive their
salaries in a bank account, and that they are paid their full salary, including paid
holidays, sick leave and overtime compensation when applicable, on time, and assist
with recovery of wages when this is not complied with.
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