A/70/310
C.
Economic adaptation to abuse and exploitation
39. As the economic exploitation and human rights abuse of migrant workers
become entrenched, the suffering of migrants is becoming integrated into the
economics of globalization in a number of ways. First, if prices of goods and/or
services are dependent upon a supply of cheap labour, then there is a strong price
incentive to continue the exploitation and abuse of migrants. Ethical recruiters
struggle to compete within a system that has adapted to wholesale and systematic
suffering; a vicious cycle of exploitation continues.
40. Secondly, the systematic use of exploitative labour and the related human
suffering are also becoming part of our conceptualization of economic development.
As countries accelerate their gross domestic product growth and build their
infrastructure based on cheap labour, international migration of low-wage workers
can be embraced as a force for development without the due attention on the human
rights of migrants themselves. This can be seen, for example, with how temporary
migration schemes are frequently discussed in international forums, such as the
Global Forum on Migration and Development, as positive examples of flexible
labour supply responding quickly to economic demands, despite numerous examples
of very negative consequences in terms of human rights owing to the structural
precariousness created by such temporary migration mechanisms.
41. Destination States accept and therefore become complicit in this economic
normalization of exploitation and abuse of migrant workers because of a desire to
remain globally competitive. Many examples of barriers to access justice for
migrant workers can be given: ineffective labour inspection (in one country visited
by the Special Rapporteur, labour inspectors never met with the migrant workers
themselves), lack of legal and administrative information, absence or even
prohibition of unionization, lack of competent legal representation, lack of legal aid,
and the fragmentation of remedies across different parts of the legal system
(including private dispute resolution mechanisms), to name a few.
42. States of origin can also fail to negotiate adequate protections for their
nationals because of power imbalances between countries. Examples have been
reported of States of origin which requested better treatment for their nationals only
to see the number of their citizens being accepted as migrant workers drop: host
States will play one country against another in order to obtain the least constraining
labour conditions possible. States of origin may also prefer not to request better
conditions for their nationals in order to avoid threatening the flow of remittances
and the upskilling of workers which both contribute to their development.
43. Migrants themselves make a realist assessment of the options offered to them
and factor the recruitment system into their migration project, thus accepting the
negative incentives and barriers it creates and further embedding the normalization
of exploitation and suffering. Their choices are limited, as their immediate objective
is sending money home to repay the debt and put bread on the family table. They
perceive recruitment fees as a necessary cost of their migration project since they
are legal and/or systematic in many countries and thus strongly normalized.
Moreover, considering their precarious status that can often be terminated without
notice by the employer, migrants’ favourite strategy in the face of adversity is to
“move on” and accept losses, with the hope of gaining in the next phase. Temporary
migrant workers usually do not protest, contest or mobilize to challenge the
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