A/78/180
education levels. Abuses in their place of employment remain a constant reality for
many migrant workers. In extreme cases, violence and harassment at work can evolve
into situations of forced labour trafficking and exploitation. 30
37. Women migrants are also often limited to riskier and lower paid work because
their skills and qualifications are not recognized. 31 In countries such as Australia,
Canada, Estonia, Iceland, Jordan, Mexico, Sierra Leone, the United Republic of
Tanzania and the United States of America, the gender pay gap between migrant men
and migrant women is much higher than the aggregate gender pay gap at the country
level. 32 Women migrants are also concentrated both in informal work and in sectors
with under regulation, and therefore often outside the protection of labour law, with low
wages, a lack of opportunities for skills development and the risk of exploitation.
Women migrant domestic workers often perform risky jobs in isolated situations and
often experience wage theft and employer abuse, with limited networking opportunities,
social support and access to information, in addition to lack of protection for freedom
of association and collective bargaining. Following up with the employers is next to
impossible because ties to the destination country are cut once they return, and local
agents distance themselves once the migrants reach the destination country. Migrant
domestic workers in Middle Eastern countries are particularly at risk of labour and
human rights violations, as they are excluded from protection under domestic labour
law and are subjected to abuse and exploitation under the sponsorship (kafala) system;
and there is also a lack of effective remedies against such abuses and the existence of
anti-union reprisals. 33 Furthermore, absconding laws in the Gulf Cooperation Council
countries, which criminalize workers who attempt to leave exploitative working
conditions, ranging from wage theft to sexual and physical abuse, particularly impact
women migrant domestic workers. 34,35,36
5.
Freedom of assembly and association
38. Freedom of association and collective bargaining are fundamental rights of
universal scope that should apply to all workers – including migrant workers
(A/HRC/44/42). Denying or obstructing rights to expression, assembly and associat ion
undermines migrant workers’ access to justice and the exercise of other fundamental
rights. 37 The right of affiliation, freedom of association and the effective recognition of
the right to collective bargaining for domestic migrant workers is recognize d under
__________________
30
31
32
33
34
35
36
37
23-13823
United Nations Office on Drugs (UNODC), Global Report on Trafficking in Persons 2020,
Chapter IV: Trafficking for Forced Labour; the Economy of Coercion. Available at
https://www.unodc.org/documents/data-and-analysis/tip/2021/GLOTiP_2020_Chapter4.pdf.
Submission from the Women in Migration Network.
ILO, The Migrant Pay Gap: Understanding Wage Differences between Migrants and Nationals
(Geneva, 2020). Available at www.ilo.org/global/topics/labour-migration/publications/
WCMS_763803/lang--en/index.htm.
Observation (CEACR) - adopted 2018, published 108th ILC session (2019); Right to Organise and
Collective Bargaining Convention, 1949 (No. 98) - Lebanon (Ratification: 1977). Available at
www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID:3960664.
See also CCPR/C/LBN/CO/3.
Migrant-rights.org, “Huroob cases on the rise as Saudi’s Kafala reforms off to a shaky start: rife
with corruption and kickbacks, lifting Huroob charges is a lucrative business for middlemen”,
25 April 2022. Available at www.migrant-rights.org/2022/04/huroob-cases-on-the-rise-as-saudiskafala-reforms-off-to-a-shaky-start/.
Vani Saraswathi, “Huroob, runaway, absconding: trapping migrants in extreme abuse”,
30 September 2020. Available at www.migrant-rights.org/2020/09/huroob-runaway-abscondingtrapping-migrants-in-extreme-abuse/.
Al-Sulaiman, “Jullebee Ranara’s murder is a failure of State and society”, 8 February 2023.
Available at www.migrant-rights.org/2023/02/jullebee-ranaras-murder-is-a-failure-of-state-andsociety/.
International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families (1990), art. 18.
11/21