A/72/173
Goal 2.
Protect the labour and human rights of all migrants, regardless of their status
and circumstances
Rationale
48. Migrants, especially those with precarious residence status, are vulnerable to
abuse and labour exploitation. Certain categories of migrants, such as migrant
women and children, temporary migrant workers and undocumented migrants, are
more intrinsically vulnerable to abuse, violence and exploitation. Th e physical,
sexual and psychological abuse of women migrant domestic workers appears to be
widespread, and they are often exposed to health and safety threats without being
provided with adequate information and support. For most migrants, it can be very
difficult or impossible to obtain meaningful access to an effective remedy for rights
violations.
49. Underground labour markets act as a magnet for undocumented migration at
the request of exploitative employers and constitute a major pull factor for explo ited
migrant workers and a key trigger for the smuggling market. It is, however, difficult
to reduce those markets significantly, owing to the favourable impact of lower
labour costs on certain economic sectors, in particular the construction, agriculture,
caregiving, hospitality, fisheries and extraction industries; the acquiescence of
consumers; the indifference of politicians; and the absence of complaints by
migrants owing to their fear of detection, detention and deportation. Nevertheless,
action needs to be taken to achieve mobility without distortions to the labour
market, which would entail the considerable reinforcement of labour inspection
mechanisms, the vigorous targeting of exploitative employers and the empowerment
of migrants to defend their rights.
50. Proactive regularization procedures should be readily available to help
migrants who work and are socially integrated remain in the country with regular
status and fight exploitation and defend their rights, just like any other workers.
51. A comprehensive, detailed national migration policy needs to be drawn up and
implemented effectively in order to combat the labour exploitation of migrants. The
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families and the Multilateral Framework on Labour Migration of
the International Labour Organization provides useful guidance in that respect.
Targets
17-12223
2.1
Effectively protect the labour rights of migrants, including by ensuring equal
opportunity and treatment in employment, in compliance with international
labour standards
2.2
Implement policies that effectively sanction employers who exploit migrants,
and increase the share of migrants who benefit from the cross -border
recognition of skills and qualifications and the portability of social security
benefits
2.3
Promote the progressive formalization of the informal sectors of industries in
which migrants are often exploited, such as construction, extraction, fisheries,
hospitality and caregiving
2.4
Ensure ethical recruitment intermediaries at both ends of the migration process
by establishing effective government regulatory frameworks and institutional
monitoring mechanisms for the labour recruitment industry and by using all
available international cooperation channels
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