A/HRC/35/25
(j)
Availability of disaggregated data on all aspects of migration programmes
and policies, in particular on undocumented migration and recruitment costs for migrants
and employers.
Goal 2.
Protect the labour and human rights of all migrants, regardless of their status
and circumstances
Rationale
49.
Migrants, especially those with a precarious residence status, are vulnerable to abuse
and labour exploitation. Certain categories of migrants, such as migrant women and
children, temporary migrant workers and undocumented migrants are more intrinsically
vulnerable to abuse, violence and exploitation. The physical, sexual and psychological
abuse of female migrant domestic workers appears to be widespread, and they are often
exposed to health and safety threats without being provided with adequate information and
support. For most migrants, it can be very difficult or impossible to obtain meaningful
access to an effective remedy for rights violations.
50.
Underground labour markets act as a magnet for undocumented migration at the
request of exploitative employers and constitute a major pull factor for exploited migrant
workers and a key trigger of the smuggling market. It is, however, difficult to reduce those
markets significantly owing to the favourable impact of lower labour costs on certain
economic sectors, in particular the construction, agriculture, caregiving, hospitality,
fisheries and extraction industries, the acquiescence of consumers, the indifference of
politicians and the absence of complaints by migrants owing to their fear of detection,
detention and deportation. Nevertheless, action needs to be taken to achieve mobility
without distortions to the labour market, which would entail considerably reinforcing
labour inspection mechanisms, vigorously targeting exploitative employers and
empowering migrants to defend their rights.
51.
Proactive regularization procedures should be readily available to help migrants who
work and are socially integrated to remain in the country with legal status and to fight
exploitation and defend their rights, just like any other workers.
52.
A comprehensive, detailed national migration policy needs to be drawn up and
implemented effectively in order to combat labour exploitation of migrants. The
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families and the Multilateral Framework on Labour Migration of the
International Labour Organization (ILO) provides useful guidance in that respect.
Targets
12
2.1.
Effectively protect the labour rights of migrants, including by ensuring equal
opportunity and treatment in employment, in compliance with international labour
standards
2.2.
Implement policies that effectively sanction employers who exploit migrants, and
increase the share of migrants who benefit from cross-border recognition of skills
and qualifications and the portability of social security benefits
2.3.
Promote the progressive formalization of the informal sectors of industries in which
migrants are often exploited, such as construction, extraction, fisheries, hospitality
and caregiving
2.4.
Ensure ethical recruitment intermediaries at both ends of the migration process by
establishing effective government regulatory frameworks and institutional
monitoring mechanisms for the labour recruitment industry and by using all
available international cooperation channels
2.5.
Facilitate the unionization of and collective bargaining by migrants, especially in the
economic sectors in which migrants are in the majority and in the industries in
which they are often exploited