A/HRC/32/40
visits, he has noted the discriminatory categorization of migrants based on their nationality,
whereby some nationalities are seen as more valuable than others and are paid higher
salaries for carrying out the same job (e.g., domestic work).
34.
The Special Rapporteur is also aware of situations where discrimination against
migrants can escalate to verbal intimidation, physical and sexual violence or death. The
United Nations has found that 59 per cent of trafficked Cambodian migrants interviewed
aboard Thai fishing vessels reported witnessing the murder of a co-worker.12
35.
States have taken a greater number of measures to address systemic discrimination
against migrants through the inclusion of non-discrimination clauses in their trade
agreements, with monitoring and enforcement arrangements. The Dominican RepublicCentral America-United States of America Free Trade Agreement (CAFTA-DR) provides
for, inter alia, cooperation activities that increase protection against workplace-related
discrimination and promote a culture of compliance with labour standards. The labour
standards in States parties are monitored through a project carried out in conjunction with
ILO.
Pervasive and multifaceted workplace exploitation
36.
The Special Rapporteur has already addressed labour exploitation extensively in a
previous report (A/HRC/26/35). Here, he emphasizes that provisions for robust,
comprehensive and binding institutional frameworks are necessary within trade agreements
to ensure compliance with labour standards and safeguard the rights of migrant workers.
37.
Monitoring and enforcement mechanisms have been included in some trade
agreements and make use of several mediums to detect and eradicate systemic abuse,
including through the establishment and training of labour inspectorates, regular labour
inspections and independent auditing on labour conditions at all stages of the value-addition
and supply chains. In April 2013, in the context of CAFTA-DR, the Governments of
Guatemala and the United States signed an “enforcement plan” containing 18 commitments
aimed at addressing institutional weaknesses in the labour protection framework of
Guatemala. These included strengthening the enforcement capacity of labour inspections,
protecting workers against the sudden closure of firms, ensuring labour law compliance by
export companies and enforcing decisions of the labour judiciary. Guatemala engaged an
additional 100 labour inspectors, as well as other staff, in preparation for the agreement.13
38.
Trade and mobility agreements have also introduced regulated recruitment systems
to counter the specific issue of unethical recruitment and dismantle unscrupulous fee
structures. In some cases, shared migration databases have been instituted between States to
coordinate migration efforts and ensure that low-wage workers are engaged in employment
that better matches their skills and qualifications. The Special Rapporteur received
information about the Employment Permit System of the Republic of Korea, which has
nearly eliminated recruitment fees for migrants but remains compromised by power
imbalances where countries of origin may require deposits and encourage reporting among
migrants to ensure that workers do not overstay their visas. 14
12
13
14
United Nations Inter-Agency Project on Human Trafficking, “Exploitation of Cambodian men at sea”
(29 April 2009).
International Institute for Labour Studies, Social Dimensions of Free Trade Agreements, (Geneva,
ILO, 2015).
Open Working Group on Labour Migration and Recruitment, “South Korea’s Employment Permit
System: a successful government-to-government model?”, Policy Brief No. 2 (2014).
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