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short-term contracts has significantly increased. The unethical recruitment referred
to throughout the report refers to recruitment practices that don’t respect the human
rights of migrants.
12. Much of this type of migration is organized by intermediaries, known as
recruitment agents or agencies that in some cases are legally mandated. These
intermediaries can be a legitimate form of support within the migration process but
all too often they ruthlessly exploit and abuse the migrants’ precarious situation.
The issue of exploitation of migrant workers by recruitment intermediaries is
apparent in many regions around the world. Key sectors in which, facilitated by
private recruiters, low-wage migrants’ work include: agriculture, construction,
service industry, hospitality, tourism, factory work in textiles and garments, food
processing and packaging, fisheries, extraction, and domestic work.
13. There are weaknesses in data collection systems relating to labour migration,
and a tendency of unethical recruitment practices to take place in an underground,
opaque and covert way. Therefore, gaining a systemic picture of migration patterns
is challenging. Available data suggests that the use of and number of recruitment
agencies is growing, as is the related abuse of human rights and suffering among
migrants.
C.
1.
Recruitment intermediaries and human rights
The role of recruiters in the migration process
14. Broadly, recruitment agencies are a form of migration intermediary who profit
from brokering contracts between those willing to leave their country of origin to
better their economic situation and employers in countries of destination that need
workers. Recruitment agencies can play a legitimate role in migration processes,
when they are appropriately regulated and fees associated with recruitment are
charged to the employers. While there are examples of ethical recruiters who place
the rights of migrants at the centre of their business model, this is sadly not the
norm. References to recruiters and subagents throughout the report are to those
unscrupulous recruiters who do not consider the rights of migrants. The current
recruitment system facilitating labour migration of low wage migrants is governed
by a narrow and short-term conceptualization of self-interest, which exploits the
commitment of migrants to better their economic situation and that of their families.
15. The intermediation landscape is complex owing to the large number of actors
involved. There are many recruitment agents operating, with or without proper
registration, in addition to which there are multiple levels of subagents, to whom
work is passed by the main agents. Such subagents commonly have the role of
finding migrant labourers in countries of origin, particularly outside of urban
centres, and often work through informal networks of previous migrants and their
friends and family. Subagents, who typically work on commission, then refer
migrants to recruiters but can continue to play an ongoing role as intermediaries.
The ongoing responsibilities of subagents can include lodging passport applications;
helping the clients to undertake any medical tests; and dealing with the recruiting
agency in order to obtain visas. In some cases, the subagents also accompany their
clients to the airport and help them with all necessary departure formalities.
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