A/HRC/26/35 includes (a) the right to form associations and trade unions (article 40); (b) access to housing and social and health services (article 43); and (c) protection against dismissal and the right to unemployment benefits (article 54). 30. International labour standards adopted by the International Labour Conference of the International Labour Organization (ILO) apply to migrant workers unless otherwise stated. The fundamental principles and rights at work set out in the eight Fundamental ILO Conventions apply to all migrant workers, irrespective of their migration status. The 1998 ILO Declaration on Fundamental Principles and Rights at Work and its follow-up requires all ILO member States to promote and realize the principles concerning the fundamental rights enshrined in these Conventions. A number of other ILO standards of general application and those containing specific provisions on migrant workers in the areas of employment, labour inspection, social security, protection of wages, occupational safety and health, as well as in such sectors as agriculture, construction, hotels and restaurants, and domestic work, are of particular importance to migrant workers in an irregular situation. In formulating national laws and policies concerning labour migration and the protection of migrant workers in an irregular situation, States are also guided by (a) the ILO Migration for Employment (Revised) Convention, 1949 (No. 97); (b) the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143); and (c) the accompanying Recommendations Nos. 86 and 151. The ILO Multilateral Framework on Labour Migration, approved for publication and dissemination by ILO’s Governing Body in 2006 and which is based on international human rights and labour standards, provides useful guidance to governments, social partners and other stakeholders in the formulation and implementation of national labour migration policies. 31. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime, requires States parties to prevent and criminalize trafficking, and to protect victims. The definition of trafficking includes the recruitment, transportation or receipt of persons by means of the threat or use of force or other forms of coercion, fraud or deception, to achieve the consent of a person having control over another person, for the purpose of exploitation, including forced labour, slavery or servitude. C. Manifestations of labour exploitation 32. While many migrants find decent work, enabling them to improve their social and economic situation, others end up as victims of labour exploitation. The following is a collection of some of the worst practices migrants face in different regions of the world, irrespective of their migration status. 1. Discrimination 33. Migrants report discrimination by their employers, on many grounds such as nationality, race and sex, with regard to, inter alia, remuneration, excessive overtime, opportunities for promotion, access to health care and unfair dismissals. Migrants are sometimes submitted to mandatory HIV testing, which is prohibited under the ILO HIV and AIDS recommendation, 2010 (No. 200). Migrants, both regular and irregular, are often employed under precarious and discriminatory conditions, with temporary contracts that do not entitle them to access social security services. They sometimes suffer verbal, physical and sexual abuse in the workplace. 34. One case brought to the Special Rapporteur’s attention concerned alleged arbitrary arrest and detention, and lack of access to food, water and adequate housing in the context of a natural disaster. In this situation, migrants were reportedly excluded from the distribution of food and other essential items, and denied access to emergency shelters, 7

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