A/HRC/32/40 Freedom of expression and association and the right to unionize and bargain collectively 39. The rights of all migrant workers to join and form trade unions are well-established in international human rights and labour law, and ILO has worked tirelessly over decades through its tripartite structure to make this commitment a reality. The Special Rapporteur is concerned, however, that migrant workers are unable to freely exercise their right to join or form trade unions and bargain collectively. In many States, national legislation restricts unionization on the basis of citizenship or legal status, which exacerbates the exploitation of migrants. For example, labour laws in some States may require a minimum number of nationals to form a trade union, whereas other States may require that workers meet specific residency requirements in order to unionize. In both instances, migrants are prevented from exercising their fundamental rights. 40. Migrant workers have experienced obstacles to organizing because they are concentrated in jobs that nationals are unwilling to accept, in remote locations or in sectors that are not subject to regulation. During his visits, the Special Rapporteur noted the existence of sponsorship and kafala structures, wherein workers are under the absolute authority of their sponsors and those employed in individual homes are particularly isolated and subject to abuse. Migrants with irregular status may also be intimidated to join or form trade unions owing to threats of loss of employment, deportation or violence, or they may even face discrimination from nationals who view them as competition for jobs. 41. The Special Rapporteur emphasizes that the ability of migrants to unionize is critical to combat the structural power imbalances that permeate the current trade regime. Trade unions play an instrumental role in empowering migrants and ensuring fair terms and conditions of employment. In 2010, after 162 Thai berry pickers were not paid by their employer, Lomsjö Bär AB, three of the workers joined the trade union Kommunal, which pursued the company in court, and the workers eventually received compensation from the Government of Sweden.15 42. The Special Rapporteur stresses that development cannot be measured solely by economic gains but must also be evaluated against advancements in the social and cultural dialogue. Trade unions have been effective in facilitating the integration of migrants in countries of destination by fostering collective solidarity and establishing support networks. The European Trade Union Confederation established an online information resource and social network of trade union contact points for migrants across Europe (see www.unionmigrantnet.eu). In Canada, the United Food and Commercial Workers Union organized the Agricultural Worker Alliance, to establish 10 support centres across the country that aid migrant workers by: addressing abusive employers and hazardous workplace and housing conditions; assisting with medical treatment, workers compensation benefits and parental leave benefits; facilitating regularization processes; sponsoring courses on health and safety training and English as a second language; and providing scholarships to children of migrant workers. 43. Trade unions have been critical partners in the prevention of human trafficking and forced labour. The International Trade Union Confederation and the International Union of Food Workers, for example, have played a critical role in curtailing forced labour in the cocoa industry in Côte d’Ivoire by advocating implementation of the Protocol for the Growing and Processing of Cocoa Beans and Their Derivative Products in a Manner that Complies with ILO Convention No. 182 concerning the Prohibition and Immediate Action 15 10 ILO Country Office for the Philippines, A Case Study of Thai Migrant Workers in Sweden (Manila, 2012).