A/74/191
4.
Protection from exploitation in the economic sphere
59. The Migrant Workers and Overseas Filipino Act adopted in the Philippines,
which is considered to be a positive piece of legislation, aims to guarantee protection
through certification, penalize illegal recruitment and provide free access to skill building and livelihood programmes, as well as compulsory medical and life
insurance, for agency-hired workers. 63 The Government works on different fronts for
the protection of migrant workers, and also for domestic workers, who are often
female. In addition, it has deployed additional female personnel to overseas labour
offices and has installed gender focal point officers at its consulates and embassies. 64
60. Focusing also on the issue of exploitation in the economic field, the employment
ordinance adopted in China regulating the conditions of employment applies to all
workers, including migrant workers, domestic workers and those employed in the
informal economy. 65
61. Malaysia has adopted legislation focused on combating exploitation and abuse
in the employment sector. According to the Private Employment Agencies Act of
1981, private employment agencies must have a paid up capital of 100,000 Malaysian
ringgits 66 and a financial guarantee of the same value. 67 By limiting permission to
companies with the necessary capital, the Government intends to filter out those that
are careless regarding the rights of domestic workers. 68
62. Sweden has passed a new legislation giving the police extended rights to
conduct workplace inspections in sectors where there is an elevated risk of individuals
working without the necessary work or residence permits in order to prevent the
exploitation of migrants, particularly those with irregular migration status. 69
63. Other countries, be they countries from which domestic workers have originated
(such as the Philippines) or countries of destination (such as China and Jordan), have
provisions in place for standard employment contracts, especially for domestic
workers. 70
5.
Support for integration
64. Some States have taken a number of initiatives to support the integration of
migrants into countries of destination. What sets these initiatives apart is that they are
based on a better understanding of the gendered needs of migrant women , men, girls,
boys and those who identify with other genders, and the specific challenges that they
may face.
65. Working on the principal that the regularization of reside nce for migrants with
irregular status increases their protection and integration, the regularization of 23,096
persons, 44 per cent of whom were women, by Morocco in 2014 deserves mention.
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63
64
65
66
67
68
69
70
14/24
Bandita Sijapati, “Women’s labour migration from Asia and the Pacific: opportunities and
challenges” (IOM Regional Office for Asia and the Pacific and Migration Policy Institute, 2015),
p. 9.
See submission of Migrant Forum Asia.
Bandita Sijapati, “Women’s labour migration”, p. 7.
Approximately $24,000 (as at 8 July 2019).
See submission of the Permanent Mission of Malaysia to the United Nations.
Hemananthani Sivanandam, only 543 employment agencies left, The Star Online, 20 December
2018 (https://www.thestar.com.my/news/nation/2018/12/20/only-453-employment-agenciesleft/).
European Migration Network, Annual Report 2018, p. 62.
Bandita Sijapati, “Women’s labour migration”, p. 10.
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