A/HRC/26/35 victims of abusive or exploitative labour conditions, including irregular migrants, but it has yet to be effectively and extensively implemented. IV. Conclusions and recommendations A. Conclusions 66. Migrants, especially those with a precarious residence status, are vulnerable to labour exploitation. Certain categories of migrants are more vulnerable to such exploitation, including temporary migrant workers, migrant domestic workers, women, children and migrants in an irregular situation. Access to an effective remedy for rights violations may be very difficult or impossible. 67. Unrecognized labour needs in destination States, especially for low-skilled labour, constitute a major pull factor for irregular migration. Opening up more regular migration channels for workers considered “low-skilled”, thus recognizing the labour needs of destination States, and sanctioning exploitative employers, would reduce irregular migration and limit the power of smugglers’ organizations, thus contributing to the better respect, protection and fulfilment of the human rights of migrants. 68. A large part of the labour exploitation that migrants suffer is linked to recruitment agencies, which extort high recruitment fees, despite this being prohibited by the ILO Private Employment Agencies Convention, and deceive prospective migrants on their prospective salaries, job descriptions, working hours, overtime, days off, lodging and social protection. International standards on business and human rights provide that private actors must as a minimum respect the human rights of their workers. The private sector, including recruitment agencies and employers, play an important role in labour exploitation of migrants, and must therefore be part of the solution. Governments must effectively regulate the recruitment industry. 69. A comprehensive national migration policy needs detailed elaboration and effective implementation in order to combat labour exploitation of migrants. ILO’s Multilateral Framework on Labour Migration provides useful guidance in this respect. A comprehensive migration policy could mitigate tensions between migrants and local communities that result from poor migration management. B. Recommendations 70. Establish coherent and comprehensive gender-sensitive national migration policies addressing all stages of the migration process, coordinated across government and developed in widespread consultation with national human rights institutions, the private sector, employers’ and workers’ organizations, civil society and migrants themselves, and with the support of international organizations. Ministries responsible for, inter alia, health, education, employment, children and social policies should be fully involved in the elaboration of such migration policies. The policies should have a human rights-based approach, and should include ethical recruitment practices, effective implementation of labour standards for all migrant workers, meeting labour needs at all skills levels, and more effective matching of labour supply and demand. 71. Address the pull factors for irregular migration, namely the unrecognized need for migrant labour in destination States, including for low-skilled workers, and the 17

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