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16. The relationship between recruitment practices amongst agencies and subagents
and the immigration status of migrants is complex. Recruiters do facilitate regular
opportunities, whereby migrants arrive in countries of destination with a legitimate
visa. However, there are some cases where agents have also been reported to create
fake documents to facilitate entry into destination countries, thus leaving migrants
in an irregular situation when they arrive. Migrants can also find themselves in a
situation of immigration irregularity if they overstay their visas or lose employment
that is a condition of their visa.
17. The role of recruiters and subagents does not end when migrants reach
countries of destination. They can continue to play an ongoing role in the
experiences of migrants through, for example, arranging housing and/or acting as
landlords, collecting ongoing payments for recruitment fees or debt incurred by
migrants during recruitment, and renewing work permit for migrants, often for
further fees. Migrants may also need to deploy the services of recruiters in countries
of destination, as they often experience low job security. Migrants’ visas are often
tied to their employment, leaving them vulnerable to pay additional recruitment fees
to recruiters if they lose their job when in the country of destination. Migrants can
therefore become caught in a vicious cycle where they have to redeploy and pay for
the services of recruiters to ensure continued employment.
2.
Recruitment practices and human rights
18. The practices of unethical recruiters and their subagents sit on a complex
spectrum of human rights violations. Such recruiters commonly exploit migrants,
directly or indirectly, at every stage of the migratory process. Additionally, some
unethical recruiters also can perpetrate and/or facilitate a range of broader human
rights abuses with impunity. The patterns of these violations differ between
recruiters, countries and different groups of migrants and are not fully understood
due to a lack of coherent and disaggregated data. Significant suffering, however,
unites the experience of many low-wage migrants who utilize the services of
unethical recruiters.
19. As discussed below, economic exploitation of migrants can include charging
large fees for recruitment services, which can force migrants into situations of
effective debt bondage and forced labour; changing the terms of employment agreed
in countries of origin; and facilitating employment in exploitative labour conditions.
Recruitment is the first stage of the migration process. The already precarious
situation of the migrant is aggravated by unethical recruitment practices of
unscrupulous recruiters who focus on profit maximization at any cost. This
contributes to millions of individuals being highly vulnerable to other multiple and
severe abuses of their rights, including: trafficking; violence, including sexual
violence, particularly directed towards women; restrictions of freedom of
movement; racism and xenophobia; and denial of the right to remedy for violations.
Severe economic exploitation
20. Economic exploitation begins as migrants decide to leave their home country
and migrate to countries where there are possible economic opportunities.
Unscrupulous recruiters charge large fees for facilitating work opportunities for
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