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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
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