A/HRC/32/40 28. The Special Rapporteur also wishes to draw attention to States entering new agreements that undercut existing labour standards and mobility arrangements to the detriment of migrant labour. The negotiation of the Tripartite Free Trade Area among COMESA, the East African Community and the Southern African Development Community (SADC) illustrates some of the challenges associated with overlapping commitments between regional communities at various stages of integration. Of the 26 countries that belong to a regional economic community, 12 belong to at least 2 of the communities and a number of countries are negotiating to join different customs unions, implying that citizens of some States will enjoy greater mobility than others. 29. The practical effect of constrained mobility has been that States fail to acknowledge and regulate informal and underground labour markets. Consequently, migrants are victims of deceptive recruitment practices, work in unsafe working conditions, become more vulnerable to labour exploitation at the hands of unscrupulous employers and live in constant fear of being deported. Where adequate provisions are not made to facilitate mobility, migrants may respond to unrecognized labour needs by seeking out irregular channels and covert intermediaries, or by overstaying to gain employment, thus risking their lives and welfare. Non-discrimination, equality of opportunity and treatment 30. International human rights law confers protections to all individuals within a State’s jurisdiction, regardless of migratory status. Similarly, the ILO comprehensive tripartite system of labour protections provides coverage to all workers, regardless of legal status. Emerging jurisprudence at the regional level reinforces the principle that international human rights and labour standards and national labour laws apply to all migrant workers without distinction. 31. The Special Rapporteur remains concerned, however, that lack of data on and of acknowledgement of the contributions of migrants, both in fulfilling low-wage and medium-wage work, compounded with discriminatory attitudes and high rates of unemployment in destination countries, have resulted in the limited inclusion of mobility provisions in trade agreements for low-wage workers and a subordinated status for migrant labour. Migrants may face discrimination, both in the initial determinations that States make to enter into trade agreements and with respect to decisions about immigration. The Association of Southeast Asian Nations (ASEAN) Economic Community reduces barriers to migration, but only for high-wage occupations, which represent 1.5 per cent of the labour market.10 Migrants in low-wage occupations continue to face discriminatory laws that exclude them from regular migration. 32. Even migrants with permanent status experience labour market disadvantages, discrimination, xenophobia and ill-treatment. Approximately 16 per cent of migrants employed in OECD countries are in low-wage jobs, compared to 7 per cent of nationals. 11 This is not owing to low educational levels or training, as corresponding data indicates that many migrant workers are overqualified. 33. Persistent discrimination against migrants manifests itself on a day-to-day basis in multiple ways: the irregular channels and covert agents that migrants must seek out to gain entry into destination countries; the retention of workers’ passports or identity documents; and the exploitative work conditions that migrants endure. During the Special Rapporteur’s 10 11 8 Guntur Sugiyarto and Dovelyn Rannveig Agunias, “A ‘freer’ flow of skilled labour within ASEAN: aspirations, opportunities and challenges in 2015 and beyond”, Issues in Brief, No. 11 (IOM Regional Office for Asia and the Pacific and the Migration Policy Institute, December 2011). ILO, Fair Migration: Setting an ILO Agenda (Geneva, International Labour Office, 2014).