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appropriate redress. Migrants who have filed cases against abusive employers should
be allowed to remain in the country, and be given necessary assistance to take part in
the trial against their employer and obtain justice. They should be provided with
temporary immigration status that allows them to live in dignity until the case is
resolved, including shelter – not detention – and food when needed.
101. Strengthen labour inspection services, with respect to monitoring, as well as
receiving, investigating and addressing complaints. Labour inspectors should be
accompanied by interpreters in languages spoken by the migrants. Labour inspectors
should be instructed not to share data concerning the migration status of migrants
with immigration authorities, and rather focus on labour exploitation committed by
employers.
102. Effectively implement employer sanctions and ensure that all abuses, including
ill-treatment and exploitation are investigated and properly sanctioned where
appropriate. Every employer and recruitment agent who engages in fraud or
deception or is responsible for any other form of exploitation of migrant workers
should be brought promptly to justice, including through criminal prosecutions, and
be prevented from employing/recruiting migrant workers in the future.
103. Implement “firewalls” between immigration enforcement and public services
such as police, health care and education, in order to make sure that irregular
migrant workers enjoy their civil, economic, social and cultural rights without fear of
being identified, arrested, detained and deported.
104. Train judges, lawyers, law enforcement and immigration enforcement officers
and ensure their sensitivity to the human rights of migrants, whatever their status,
and the dignity owed to them.
105. Ensure that migrants have access to justice after returning to their home
country, including the possibility to claim unpaid wages.
106. Empower migrants, whatever their status, to defend their own human rights
without fear of retribution, provide them with appropriate normative, institutional
and programmatic tools in that regard, and support them in their fight against abuse
and exploitation.
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