A/78/180
health insurance, pensions and disability, family and child benefits), as well as
effective recourses and remedies;
(b) Implement “firewalls” between public services and immigration
authorities to ensure that all migrants are not discouraged from gaining access
to education, adequate housing, cultural services and health care, including
comprehensive sexual health and reproductive health services and other basic
entitlements such as food allowances, without discrimination and fear of
detection, detention and deportation;
(c) Enhance the oversight and monitoring of recruitment agencies,
brokers, employers and other intermediaries, by putting in place a holistic and
comprehensive recruitment policy that is subject to rigorous human rights and
law due diligence; developing fully robust, transparent and publicly accountable
licensing systems for recruitment companies; ensuring that restrictive measures
are in place to prevent the re-registration of unscrupulous agencies which had
had their licences revoked; regulating irregular agents and sanctioning of
unlicensed agencies; developing a rating scheme and blacklist in order to assess
the conduct of recruitment agencies; establishing confidential tip-lines for
migrant workers to report unsafe work; as well as effectively banning all types
of recruitment fees paid by migrants;
(d) Create a strong and effective labour inspection system, with regular
unannounced inspections in all worksites and ensuring there a sufficient number
of labour inspectors, who are well trained and are able to monitor and enforce
human rights and labour standards. Labour inspectors should be able to
interview migrant workers directly, review their contracts, make sure they are
allowed to keep their passports, are paid on time and issued identification
documents in full. Labour inspectors should be accompanied by interpreters in
languages understood by migrant workers;
(e) Take all measures necessary to prevent, investigate, prosecute and
sanction human rights violations and abuse against migrant workers, whether
perpetrated by public officials or private individuals;
(f) Ensure that all migrant workers have equal access to justice,
complaint mechanisms and remedies to empower workers to file cases with
labour courts and fight discrimination in employment – including in relation to
recruitment; sponsorship; residence permits; contracts; working and living
conditions; wage protection and other labour disputes – without fear of reprisals
and timely processing. Access to interpreters and legal aid should be guaranteed,
and consideration should be given to language barriers, transportation, work
schedules and lack of access to information about rights and services by migrant
workers, to ensure equal treatment on the same basis as nationals and citizens of
destination countries;
(g) Ensure that migrant workers have written contracts of employment in
a language that they understand, stating their specific duties and parameters of
work; remuneration, benefits and deductions; job description; location, days of
rest and hours of work; housing conditions (where applicable); transportation;
effective recourse and remedies; and gender-responsive facilities. Model and
standardized contracts for migrant workers within different sectors and varying
skill levels should be adopted for this purpose. States must prohibit and sanction
practices of contract substitution, retaining documentation and forced seclusion
or locking in homes of migrant workers, in particular domestic workers;
(h) Abolish the kafala system and employer-tied workplace programmes
and instead replace it with a regulated open labour market, where the rights and
20/21
23-13823