A/70/310
Banning recruitment fees
• Develop measures in consultation with all stakeholders, including
migrants and civil society, to create an outright ban on the payment of all
types of recruitment fees by migrants. Ensure that the impetus of the
implementation of this ban is on Governments and that migrants are not
economically penalized if they admit to having paid a fee
• Consider options for collective action to totally ban recruitment fees to
level the playing field and ensure that concerns about international
competitiveness will not impact wholesale transition to an ethical system
• Include advocacy of the business case for responsible recruitment
practices that prohibit recruitment fees in engagement with the private
sector, and involve business associations in the promotion of such a
business case
Strengthening the overall legal and policy framework in relation to
recruitment practices
• Standardize contracts for migrant workers within different sectors and at
different skills levels. Labour contracts based on such a standardized
model should specify the job description, wages and labour conditions
• Ensure the total elimination of wage discrimination on the basis of
nationality
• Abolish “sponsorship” systems whereby migrants are dependent on their
employers for residence visas and work permits, and thus vulnerable to
abuse and exploitation
• Develop legislation that regulates the relationship between recruitment
agencies and their agents, their subagents or other forms of
subcontractors, such as testing centres. Recruiters should have formal
business arrangements in place with all agents and subagents that
articulate a clear structure of accountability and liability for business
practices
• Ensure that the relevant provisions within labour laws and regulation
cover all sectors. Ensure that special attention is given to sectors that
typically operate outside formal labour regulation, such as domestic work
• If not already done, ratify all 10core international human rights
instruments, including the 1990 International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families
• Ratify and enact into law the other key international legal standards
protecting migrant workers, including ILO Conventions no. 87, 97, 143,
181 and 189, and the ILO Declaration on Fundamental Principles and
Rights at Work and the ILO Forced Labour Protocol. Human rights and
related labour standards apply to all migrants at every stage of the
recruitment process, and are not dependent upon being a citizen of a
sovereign territory
15-13569
19/26