A/70/310
• The International Confederation of Private Employment Agencies is an
association of recruiters committed to promoting international fair recruitment
practices. It participates in several projects to promote ethical recruitment
practices and crucially has a code of conduct that members must uphold,
which includes a principle that recruitment services should be free of charge to
job seekers
• The Global Business Coalition Against Human Trafficking was established in
2011 by business leaders “to mobilize the power, resources and thought
leadership of the business community to end human trafficking, including all
forms of forced labour and sex trafficking”
• Some large multinational companies at the top of the supply chain, make
efforts to detect illegal recruitment fees and repay them to migrant workers
• Some companies include a substantial focus on migrant workers’ rights within
their internal policies. For example, a large beverage company has publically
committed to a policy of migrant workers not paying recruitment, placement
or transportation fees, including those in the country or origin 4
• The global civil society Open Working Group brings together a range of
resources on migrant workers and recruitment and makes no fees a key priority
for advocacy.
B.
Effective regulation and oversight
55. Effective regulation and monitoring of recruiters is necessary to effectively
implement a ban on recruitment fees and to remove the impunity with which
unethical recruiters exploit and abuse migrant workers. Monitoring and oversight
needs to be multidimensional to address the complex dynamics and different
elements of labour recruitment. Effective licensing of recruiters in countries of
origin and destination is essential, as is developing a reliable rating system for
recruiters that assess their business practices in relation to human rights and labour
standards. Creating appropriate independent licensing and monitoring bodies that
can work with one another across national borders and equalize regulatory standards
is essential.
56. Monitoring and oversight needs to extend to the treatment of migrant workers
in the labour markets of destination countries. Effective labour inspection is vital to
providing these protections. Labour inspectors should undertake thorough and
regular unannounced inspections in all worksites, including private homes in the
case of domestic workers, and ensure effective enforcement of labour laws in favour
of all workers whatever their immigration status, including through regularly
speaking directly with migrant workers (using competent and independent
interpreters when necessary) and reviewing their contracts, making sure that they
are allowed to keep their passports, are issued with identity documents, are paid all
that they are due on time, and benefit from proper housing conditions.
57. Examples of independent monitoring mechanisms capable of identifying abuse
and exploitation, such as systemic value-chain auditing and other investigative
systems by competent independent bodies (such as auditing firms), including
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4
14/26
See footnote 2.
15-13569