A/78/180 communities and in countries of employment, experiencing discrimination, prejudice, harassment or violence based on their sexual orientation or gender identity. LGBTIQ+ migrants are protected under ILO Convention No. 111, which provides for explicit protection against discrimination based on sex. 9 LGBTIQ+ migrant workers are also protected under ILO Convention No. 190 from violence and harassment at work. 10 25. Migrant children, especially when unaccompanied, face a higher risk of exposure to trafficking for sexual or labour exploitation. 11 Children work in transit, which can add further precarity owing to the temporary and often unregulated nature of the work. Migrant children often work for less pay and face higher death rates at work. 12 26. Racialized migrant workers face intersecting forms of racial discrimination, gender-based discrimination and xenophobia in both their work and daily lives. There is disproportionate policing and surveillance of racialized communities, including racial profiling by police and other State security service s, and also generalized racism and xenophobia, which has a clear and directly negative impact on the ability of migrant workers to live full lives, free of persecution and discrimination. 13 1. Recruitment 27. Since recruitment intermediaries (i.e., brokers, subagents and personal networks) remain outside of regulatory frameworks, workers face challenges bringing complaints against them. While there have been some efforts to address issues concerning labour recruitment, such as the ILO Fair Recruitment Initiative, 14 the unregulated nature of the industry means that exploitative and fraudulent recruitment practices persist, including deception (primarily about working and living conditions); the charging of unauthorized fees; the r etention of identity documents; violence, abuse, intimidation and control of workers; wage retention; and debt bondage or other forms of debt tied to their recruitment. In many instances, workers rely on unverified information about job opportunities, and private recruitment agencies can intentionally conceal potential risks associated with the work advertised. Workers often have inadequate knowledge and awareness of legal migration pathways, which increases their vulnerability to unethical recruitment prac tices, including excessive placement fees, forgery of documents, false promises about the nature and conditions of work and debt bondage from money lenders and recruiters. The profile and level of education of the majority of migrant women domestic workers in particular may limit them from accessing (on their own) information on the legal and institutional landscape. 15 __________________ 9 10 11 12 13 14 15 23-13823 ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111), art. 1 (1) (a), contains a list of seven prohibited grounds of discrimination, and under article 1 (1) (b) ratifying countries are allowed to declare additional prohibited grounds. Many countries have recognized sexual orientation, gender identity and/or other grounds protecting LGBTIQ+ persons from discrimination and have reported periodically to ILO on application of the Convention. Available at www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C111 . ILO Violence and Harassment Convention, 2019 (No. 190). ILO, Protecting the rights of migrant workers in irregular situations and addressing irregular labour migration: A compendium (Geneva, 2021). Available at https://www.ilo.org/wcmsp5/groups/public/--ed_protect/---protrav/---migrant/documents/publication/wcms_832915.pdf. See www.ilo.org/ipec/areas/Migration_and_CL/lang--en/index.htm. For example, see Ontario Human Rights Tribunal, Logan v. Her Majesty the Queen in Right of Ontario (see footnote 8). ILO, “Fair Recruitment Initiative Strategy 2021–2025: taking stock, moving forward”, 2021. Available at https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/--migrant/documents/publication/wcms_817166.pdf. Women in Migration Network, No Borders to Equality: Global Mapping of Organizations Working on Gender and Migration (2021). Available at https://www.womeninmigration.org/map/download/no-borders-for-equality.pdf. 7/21

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