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migrants that can amount to up to $15,000. 2 These fees are often for poorly paid
economic opportunities; jobs that are dramatically different from those agreed by
the migrants at home; and in some cases non-existent roles.
21. Responsible recruitment agencies charge fees for their services not to the
workers but to the employer, in a business-to-business transaction. Migrants often
seek work abroad because of their desire to overcome poverty and a lack of decent
work opportunities in countries of origin. The decision to migrate can often be
driven by extremely difficult economic circumstances and/or a shock, such as loss
of land and/or employment, debt reaching unsustainable levels, family breakdown,
the loss of a spouse, and/or family illness. Research undertaken by the ILO suggests
that women sometimes have a less favourable socio-economic status and
discrimination in countries of origin, meaning they therefore enter the migration
process in the most precarious positions.
22. Given the precariousness of the migrants’ position when beginning the
migration process, they often do not have spare resources to pay recruitments fees,
which can amount to more than two years’ worth of wages. They therefore are
forced to take out high compound interest loans (with rates reported to range
between 5% and 80%)2 to pay these recruitment fees. Migrants may sign over the
deeds of their property to secure these loans. As these fees and the commonly
resulting debt further increase the precariousness of the migrants’ situation, they can
lead to migrants becoming trapped in situations of bondage and forced labour. Debts
can also severely restrict the ability of the migrants to save wages and/or provide
remittances to family members in countries of origin, thus undermining the benefits
of migration.
23. Unfortunately, the economic exploitation of migrants is not limited to paying
recruitment fees. There are reports of agents facilitating severe mistreatment of
migrants within the labour market in countries of destination. It is not uncommon
for migrants to have no control over the countries that they go to work, let alone the
specific sector or employer. Contract substitution, whereby migrants arrive in
countries of destination and are faced with jobs and working conditions dramatically
different from those agreed upon in the country of origin, is also commonplace.
Additionally, migrants have reported non-payment of wages, unspecified deductions
from wages, and irregular wage patterns. Working conditions can also often be
dangerous and dehumanising for migrants. Recruitment agents and subagents can
also continue to play an exploitative and abusive role towards migrants in countries
of destination, as discussed above.
24. The working conditions of low wage migrant workers have been exemplified
by a number of the Special Rapporteur’s country visit reports and his report on
labour exploitation to the Human Rights Council. The report following the Special
Rapporteur’s visit to Qatar in 2013, highlighted: the lack of a minimum wage within
national legislation; the frequent non-payment of wages or irregular wage patterns;
migrant workers living in overcrowded and materially challenging conditions; a
lack of access to health-care services owing to the failure of employers to issue
identity cards; concerning levels of workplace accidents and deaths; and migrants
being forced to remain with employers, despite abuse, because of their refusal to
legally release them under the kafala system.
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2
15-13569
Institute for Human Rights and Business (K. Jones), 2013, “Fees and IDs: Tackling recruitment
fees and confiscation of workers’ passports”, London, IHRB.
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