A/71/285 77. Empowering migrants through information and support can harness their resourcefulness to drive progress towards a system of fair and ethical recruitment. Migrants must understand their rights and be empowered to make decisions about recruiters based upon robust intelligence about different actors in the market. Recognizing migrants as rights holders, acknowledging the benefits that they bring to destination countries and facilitating their integration into society is key to instituting a system of fair recruitment for international labour migration. Failing to recognize the huge value of migrant workers and to support their integration legitimizes abuse and exploitation. 78. The alliance of migrants’ resourcefulness, the business community’s desire for a level playing field and the political will of Governments should result in egregious recruitment practices becoming mostly a thing of the past. 5. Ensure the inclusion in the global compact of migrants and their specific vulnerabilities and needs, in coordinated humanitarian response and development frameworks at all levels, by ensuring the rights of migrants are upheld, the financial and human resources necessary to support such efforts are mobilized and development funding is expanded for measures to support the positive contribution of migrants to the societies in which they reside 79. In a number of human rights conventions, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, it is recognized that everyone has the right to an effective remedy from the competent national tribunals for acts violating the fundamental rights granted to him or her. Despite these international protections, many migrants face serious barriers in accessing remedies when their human rights are violated. 80. Systemic barriers to access to justice can compound abuses of migrants’ rights, including through: a lack of local language skills; limited information about rights and means of redress; lack of unionization or representation; geographical constraints; restrictions of migrants’ freedom of movement; fear among migrants of retaliation or economic loss if they make complaints against abusive recruiters, employers or landlords; long processing times for complaints; a general practice by recruiters or employers of deliberately not providing migrants with documents that could prove exploitation; the fragmentation of enforcement power for different rights across various judicial and non-judicial mechanisms; the growth of non-judicial remedies; a lack of access to a competent lawyer; and a lack of legal aid. 81. Significant resource constraints contribute to the unwillingness of States to prioritize and invest in facilitating access to justice for migrants, such as legal aid and translation and interpretation services. Migrants’ fear of detection, detention and deportation if they assert their right to access justice is also a key barrier. Additionally, inconsistencies in access to justice persist, depending upon the rights at stake, the type and nationality of the migrants and the jurisdiction. Finally, a lack of specific rules on the duty of courts to apply sanctions and/or compensation for violations of migrants’ human rights or labour rights is another significant barrier. 82. The Special Rapporteur notes a promising trend in relation to access to justice, as national and regional jurisdictions appear willing to support migrants fighting for their rights in cases when migrants have been able to overcome all the hurdles put in 16/24 16-13509

Select target paragraph3