A/HRC/35/25/Add.1
VI. Cross-cutting concerns
A.
Labour exploitation
62.
The Special Rapporteur was informed about the deplorable working conditions in
the artisanal diamond mining sector. Migrants working in that sector are often exploited by
their employers. Due to the informal nature of the work, the remoteness of the mines and
resource constraints, the Government is unable to monitor and protect migrant workers
from exploitation.
63.
Many migrant women work as domestic workers. However, labour inspections are
not carried out in private households. That leaves domestic workers unprotected and
therefore vulnerable to abuse and exploitation.
64.
Irregular migrants also work in small businesses or in informal work as street
vendors. Such workplaces are monitored by government labour inspectors who carry out
their work alongside the Migration and Foreigners Service. Irregular migrants found
working are arrested, detained and face deportation. Consequently, migrants are reluctant to
report exploitation or publicly protest or mobilize. The Special Rapporteur was informed
that migrants often resort to bribing law enforcement officials in order to avoid arrest.
65.
Migrants are at a heightened risk of exploitation and abuse in the workplace because
of several factors: unfamiliarity with the language, their rights at work and national labour
and migration laws; limited or denied access to legal systems; dependence on the job and
employer due to migration-related debt; precarious legal status; and reliance by family
members on remittances sent back home by the migrant. Those factors are amplified by the
discrimination and xenophobia that migrants increasingly face in Angola.
B.
Xenophobic and discriminatory acts
66.
Undocumented migrants and their children suffer discrimination because of
inadequate access to basic education, housing and health care. In addition, migrants face a
constant outpouring of negative rhetoric, which is currently used extensively in relation to
migrants and which equates all undocumented migrants to criminals and religious
extremists.
67.
Major cultural differences between Angolans and their West African counterparts
have resulted in a negative image of people of the Muslim faith. The Special Rapporteur
received information indicating that the Government is yet to publicly respond to help quell
the concerns of its citizens about practising Muslims and the need to embrace diversity
within society. The Special Rapporteur received information that, in some instances, it is
public officials who use negative language when referring to migrants and incite fear of
those of Muslim faith.
C.
Access to justice
68.
Migrants have difficulty accessing complaint mechanisms, partly because of a lack
of information and legal representation, and partly because they fear being immediately
detained and deported.
69.
Migrants in detention are not given prompt access to a competent lawyer through an
accessible legal aid system. The Special Rapporteur was concerned at reports that
undocumented migrants may be subjected to detention without recourse to a court to
pronounce on the legality of the detention.
70.
Migrants in detention are not given prompt access to a competent interpreter, free of
charge, if needed.
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