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detection, detention or deportation, in order to help migrants fight for their rights,
would go a long way towards legitimizing human-rights-based migration policies,
by showing that territorial sovereignty and human rights are not incompatible.
Ensuring that migrants can access basic social protection services irrespective of
their migration status would significantly reduce the precariousness of the migrant
situation. Tackling racism and xenophobia through fact-based analyses is another
important step towards the integration of migrants in countries of destination.
Additionally, offering access to permanent residency and citizenship would not only
have a practical impact of increasing the migrants’ sense of belonging and security
in the country of destination, but would also be a powerful symbolic gesture
recognizing the role and value of migrant workers in the development of the country
of destination.
69. Such measures should be integrated through a comprehensive public discourse
in which politicians recognize mobility and diversity as central elements of
contemporary democratic societies, thus providing moral, intellectual and political
leadership on such complex issues.
G.
Engaging with the private sector
70. The private sector is a key actor in relation to the recruitment practices
impacting the human rights of migrants. Recruiters are private entities, as are the
companies to which they supply labour. The practices related to recruitment of
migrant workers also impact businesses that may not directly contract migrant
workers, depending upon the reach and management of their supply chain.
71. There is a strong business case for transition to an ethical system, including
the reduction in reputational and legal risk, and greater efficiency and productivity
gains within business operations and the extended supply chain. Governments,
international organizations and business associations must use this business case
alongside key international legal and policy standards to engage with and sensitize
the private sector to the key issues and the steps needed to achieve wholesale
transition to an ethical system.
72. An example of good practice in relation to engaging with the private sector is
the International Recruitment Integrity System, the ethical recruitment framework
discussed above: it provides information to migrants; it is a platform for dialogue
between stakeholders from across the private and public sectors; and it allows
recruiters to commit to not charging any recruitment fees, not confiscating passports
from migrants, and ensuring transparency within the labour supply chain.
V. Conclusions and recommendations
73. The business practices of unethical recruitment agencies are complex and
opaque. These practices and the human rights consequences for migrants differ
between countries, recruiters and sectors. However, economic exploitation,
violence and intimidation unite the experiences of many migrant workers who
have used unethical recruiters. It is clear that this human suffering is endemic
and perpetuated by a range of systemic failures and perverse economic and
political incentives.
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