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
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