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through systems based on complaints from unions, national human rights
institutions, ombudspersons or civil society organizations, have been discussed but
rarely put in place effectively: more work is needed.
58. States should also ensure that their judicial system is able to tackle labour
exploitation issues in a competent and timely manner: as well as providing access to
justice for individual migrants; strengthening the role of the judiciary helps to build
respect for the overall rule of law in relation to labour recruitment.
59. Part of this monitoring and oversight is investment in effective data collection
systems. An important step in a transition to an ethical system would be to include
the gathering of disaggregated information about recruitment practices as an integral
part of the development of metrics associated with the post-2015 sustainable
development goals agenda.
C.
Filling gaps in the legal and policy framework
60. Above and beyond banning fees, the development and harmonization of the
legal and policy frameworks relating to recruitment is needed to transition to a
wholly ethical system. Reform should include the ratification and full
implementation of all international human rights instruments, including the two
1966 International Covenants on Human Rights and the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families,
as well as relevant labour standards, including the 1997 ILO Convention on Private
Employment Agencies (no. 181), and soft law principles such as the Dhaka
Principles. All of these standards apply to all migrants irrespective of their legal
status and also include duties for States to protect individuals from third-party
violations of their human rights.
61. Reform should include the abolition of sponsorship systems, the standardization
of contracts for migrant workers and the legal requirement for recruitment agencies to
formally establish relationships with subcontractors.
62. A key step in the development of the policy framework needed to implement
legal reform would be the preparation of multi-stakeholder action plans. The
development of country level and regional action plans on efforts to tackle
exploitative and abusive recruitment practices could bring together the views of
civil society organizations, Governments, the private sector, migrants, international
organizations, and regional dialogues, in order to articulate a clear vision for an
exclusively ethical system. Given the hugely complex nature of recruitment for
international labour migration, such actions plans could play a vital role in
improving policy coherence across the system.
D.
International and regional cooperation
63. International and regional cooperation is essential to transition to an ethical
system as the playing field must be levelled in order to make progress. No one
country will be able to end exploitative and abusive recruitment independently. In
addition, as discussed above, the dynamics of the international political economy
relating to recruitment practices make collective action vital. Sharing intelligence
about unscrupulous recruiters among different countries in a systematic way which
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