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Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 15
- Paragraph text
- The Special Rapporteur wishes to draw the attention of the General Assembly to the dangers of these policies, not only for migrants, but also for the migrants' societies of transit and destination. Research studies have already demonstrated that many enforcement mechanisms designed to prevent irregular or unauthorized migration, including harsh policies of interception, carrier sanctions and immigration control activities, may themselves be responsible for violence and abuse and may have the side effect of encouraging the expansion of smuggling and trafficking networks.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 16
- Paragraph text
- In the Special Rapporteur's view, criminalizing irregular migrants for the offence of being in a country without adequate documentation makes all migrants, regardless of immigration status, vulnerable to potential racist or xenophobic acts. Societies quickly distort the particular situations of migrants, and associate them with criminality, including organized crime, drug trafficking, robbery or even terrorism. As a result, migrants are prone to xenophobic outbreaks of abuse and violence, as evidenced by some of the alleged human rights violations brought to the attention of the Special Rapporteur over the past two years.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 45
- Paragraph text
- The Special Rapporteur regrets that States have adopted increasingly aggressive anti-smuggling and anti-trafficking laws and policies, with a criminalization and law enforcement focus, without regard to other key elements such as the fundamental human rights obligations of States. He expresses concern about legislation in some States, which effectively allows victims of trafficking to be treated as criminals rather than victims of crime. Trafficked or smuggled, irregular migrants are in many instances prosecuted or detained because of their irregular migration or labour status as well as for using forged documentation, having left or entered a country without authorization, begging or for having worked in the sex industry. In this regard, he wishes to stress that victims of trafficking must be treated as victims of crime and protected against criminalization, including by adopting laws that protect trafficked persons from prosecution or punishment for trafficking-related offences such as holding false passports or working without authorization.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 58
- Paragraph text
- The Special Rapporteur observes that large-scale regularization programmes are usually part of a multi-pronged strategy. They are aimed at incorporating workers in the informal "underground" economy into the formal economy, and in that way, to increase their contributions to national tax and social security revenues, limit workers exploitation and abuse and discourage migrant smuggling and human trafficking. He also observes that these programmes usually specify requirements of potential beneficiaries, including length of residence, proof of work and, in some instances, proof of social welfare contributions, age range and nationality (when the regularization programmes target migrants from countries with cultural and historical connections with the host country).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 25
- Paragraph text
- The processes of migratory movement may also have a significant negative impact on the health of migrants before they arrive in the host country. The stricter restriction for entry to richer Northern countries has increased the use of clandestine, unofficial and dangerous entries. For instance, vulnerable groups of migrants, such as asylum-seekers, or victims of trafficking and people-smuggling, may have been exposed to sexual and gender-based violence, greater vulnerability to ill-health and may have had a diminished ability to exercise informed choices concerning their health in countries of origin or in transit. According to the World Health Organization (WHO), the exposure to risk associated with population movements also raises migrants' vulnerability to psychosocial disorders, drug abuse, alcoholism and violence. In addition, limited access to health care during the transit and early insertion phases of migration increases the resultant burden of untreated conditions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 55
- Paragraph text
- The Special Rapporteur also recalls the linkage between violence against women and the right to adequate housing. Many migrant women are vulnerable to various forms of violence, including domestic violence, sexual abuse and harassment, physical violence and forced evictions. Such violence is a serious concern for migrant domestic workers, whose options are effectively reduced to either enduring violence or reporting it to the authorities, thereby risking homelessness and eventual loss of employment and deportation. Further, migrant women at risk of homelessness are made even more vulnerable to further violence, such as sexual exploitation and trafficking.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 59
- Paragraph text
- Further, concern is expressed in particular with respect to independent, unaccompanied migrant children. Unaccompanied children are particularly vulnerable to social exclusion and often have limited access to housing, due to the absence of adults' assistance either via social networks or housing markets. Thus, independent and unaccompanied migrant children are more likely to be homeless or to live in collective dwelling or temporary homes of lower quality, such as shacks and rooms, compared to national children or migrant children with parents or guardians. A study conducted by the United Nations Children's Fund (UNICEF) shows that the vast majority of independent migrant children in developing countries often sleep on the streets and in markets, shop fronts and kiosks, which exposes them to inadequate sleep, sexual harassment, robbery and assault. Even where unaccompanied children are provided with housing by the State, they are often accommodated in hostels or bed and breakfast accommodation, which may not be a suitable environment for children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 32
- Paragraph text
- In order to monitor the conditions of detention of migrants, the Special Rapporteur believes that independent visits are crucial. OHCHR, UNHCR, the International Committee of the Red Cross (ICRC), national human rights institutions and non-governmental organizations (NGOs) should be allowed access to all places of detention. In addition to allowing for such visits, the ratification by States of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, allowing for visits by the Subcommittee on Prevention of Torture and the establishment of a national preventive mechanism, is of utmost importance to ensure proper monitoring of places where migrants are detained. The Special Rapporteur has been made aware of several instances of desperate violence in migration detention centres, such as suicide attempts, self-mutilation, hunger strikes, rioting and arson: such instances could probably be considerably reduced if effective, frequent and independent monitoring of the detention facilities was implemented, including secure and accessible mechanisms for receiving complaints by migrant detainees.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 18
- Paragraph text
- As a result, growing numbers of migrants are embarking on dangerous journeys in order to enter the European Union irregularly to carry out this work. They are doing so by taking unseaworthy vessels not only across the Mediterranean and Atlantic oceans, but also by risking their lives through precarious overland routes, in order to seek out such opportunities. Indeed, it is estimated that in 2011, over 1,500 persons lost their lives in attempting irregular border crossings in the Mediterranean Sea. Between 1998 and 2012, more than 16,000 persons have been documented to have died in attempting to migrate to the European Union. It should be noted that this statistic includes not only deaths caused at sea, but also in various other ways, including suffocation in trucks, car accidents, frostbite, police violence, hunger strikes, landmines, or suicide in detention, highlighting many of the dangers involved in irregular migration pathways.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 20
- Paragraph text
- However, the Special Rapporteur notes that this focus on migrants who undertake irregular border crossings has significant relevance, as this is where the most egregious human rights abuses appear to take place. Of the utmost concern are the deaths of irregular migrants attempting to cross into the European Union. Other concerns are the mistreatment of migrants at the border, including practices which infringe their liberty and security, and detention regimes on both sides of the border that fail to adequately respect minimum human rights standards. Furthermore, even before crossing the border to the European Union, whether by sea or by land, migrants are often exposed to serious risks of abuse and exploitation en route, including by smugglers. This is particularly true for women and girls who wait in transit countries and who may be exposed to sexually based violence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 74
- Paragraph text
- Moreover, measures must be taken in order to effectively sanction employers who abuse the vulnerability of migrants, and in particular irregular migrants, by paying them low or exploitative wages and forcing them to work in dirty, difficult or dangerous conditions. In this connection, Employer Sanctions Directive (ESD) and the Victims of Crime Directive can play an important role protecting migrants in an irregular situation from exploitation. The first question of course is the full and proper implementation of these Directives in national law, and the Commission has assured the Special Rapporteur it will not hesitate to use its powers as guardian of the treaties to ensure correct and effective implementation of ESD. However, it is also imperative that the European Union invest more energy to ensure that migrants are able to access the mechanisms envisaged for their protection, without fear of systematic deportation. For example, while article 6 of ESD contains a number of provisions enabling irregular migrants to lodge complaints, these are not used in practice.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 68c
- Paragraph text
- [Targets should focus on:] Ending all violence, including in the workplace, against women and girls, including migrants, irrespective of their status and circumstances;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 89e
- Paragraph text
- [Indicators should include:] Proportion of migrants who are victims of crime, including bias-driven violence;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 53
- Paragraph text
- Migrant women risk being the victims of multiple discrimination, both as women and as migrants. Migrant women tend to be employed in the shadow economy and in less skilled work than men, even though some are better qualified. They are generally more dependent on their employers, which puts them at greater risk of abuse and exploitation. Some countries set a minimum age for women to migrate, or ban low-skilled women from migrating, inter alia for domestic work. While this may be done with the intention of protecting women from abuse, this practice is not only discriminatory, it often leads women to resort to irregular migration, rendering them more vulnerable to abuse, which includes precarious working conditions, low pay and exposure to violence and forced labour. The Special Rapporteur has received information concerning requirements in some countries that women must obtain consent from their husband or legal guardian to migrate, and that they must indicate who will take care of their children while they are abroad. Such requirements do not seem to be in place for men.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 55
- Paragraph text
- A high proportion of child labourers in agriculture, domestic and different types of informal work, as well as in commercial sexual exploitation, are migrants. Frequent restrictions in access to educational services often leave migrant children with no choice but to work. Child labour in the informal economy includes petty trading, begging, portering, etc. Protection against exploitation is frequently lacking due to insufficient regulation and monitoring, as activities in the informal economy are not always categorized as work. During one of his country visits, the Special Rapporteur was informed of seasonal movements of children to neighbouring countries for begging and other forms of forced labour. He heard about children as young as seven leaving their country on short-term migration to beg, collect cans and pick tomatoes, and perform other types of agricultural work abroad. Migrant children who are domestic workers are at particular risk of abuse due to their young age and isolation from their families, and dependence on their employers. Migrant children who work as domestic workers or who live and work in factories and sweatshops are sometimes confined to the premises of the employer where they face further physical, psychological and sexual abuse.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 56
- Paragraph text
- Migrant children are more vulnerable to abuse and injuries than adult migrants. The frequent lack of distinction between adult and child migrants renders children vulnerable to rights violations, including in relation to the minimum age for admission to employment and the worst forms of child labour. Information available to the Special Rapporteur indicates that recruitment agencies sometimes recruit children and provide them with forged passports, falsely indicating that they are above 18 years of age. A case brought to the Special Rapporteur's attention concerned a migrant domestic worker reportedly aged 17, although her passport stated that she was older. She was charged with murder for the death of a baby in her care, and was later executed by beheading. Migrant children, particularly those who are unaccompanied, are also vulnerable to trafficking. While boys are most vulnerable to becoming victims of trafficking for labour exploitation and forced labour, girls are most vulnerable to trafficking for sexual exploitation and sexual slavery. The lack of community relations and parental oversight of unaccompanied migrant children renders them more vulnerable to abuse and exploitation than local child labourers. They suffer from more maltreatment in the workplace and are generally worse off in terms of working conditions compared to local children. Migrant child labourers are among the least visible and least politically empowered of workers, meaning that employers have no incentive to provide them with proper working and living conditions. This lack of legal protection also generally translates to lower levels of health and education for migrant children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 61
- Paragraph text
- Migrant domestic workers, in particular, are frequently very isolated. Those who never leave their employers' households often cannot communicate with others. When they can, they often do not know how to complain, or who to complain to, and they may fear reprisals, including false accusations of theft, losing their job, indefinite detention and being left on the streets. Reprisals are often a problem when trying to reveal cases of labour exploitation of migrants. As an example, the Special Rapporteur has received information concerning criminal charges of broadcasting false statements against a human rights defender who did research for a report which detailed serious human rights violations by a company with regard to working conditions and labour rights of migrants employed by that company.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 19
- Paragraph text
- Factors which further contribute to exploitation of migrants in the workplace include (a) pressure to lower the cost of labour in highly competitive sectors; (b) the absence of effective implementation of labour and occupational health and safety standards; and (c) frequent lack of unionization. This concerns sectors where migrants are frequently concentrated, such as agriculture, construction, hospitality, care-giving, domestic work and informal work (such as street vendors). Migrants routinely work long hours, including overtime for which they are often not paid, and sometimes do not get their breaks or leave entitlements. They frequently report having been misinformed about labour conditions and benefits, and left without access to medical care and consular protection. A key contributing factor of their exploitation is their general fear of being identified, arrested, detained and deported for real or imagined reasons, and their consequent reluctance to risk complaining, protesting or publicly mobilizing, preferring very often to "move on".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 46
- Paragraph text
- The Special Rapporteur has been made aware of cases of migrants who are recruited by means of deception, for the purpose of economic and sexual exploitation. When the work is exacted (including through deception or false promises on the type of work, and confiscation of passports) from a person under the menace of a penalty (such as the threat of deportation for leaving one's employer), this can amount to forced labour and in some cases servitude. Furthermore, debt, usually due to recruitment loans taken out with a very high interest rate, is sometimes used to coerce migrants to accept work to which they did not originally agree, and thus constitutes a component of forced labour.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 65
- Paragraph text
- Employers who violate the human rights of migrants rarely face consequences. The Special Rapporteur has met with numerous migrants, particularly irregular migrants working in informal sectors, who were being exploited by unscrupulous employers. Said employers appeared to enjoy total impunity. Fighting labour exploitation of migrants by sanctioning exploitative employers often seems to be a yet-unfulfilled State obligation, although it would contribute greatly in reducing the pull factor of irregular migration and thereby diminish the power of exploitative smugglers over migrants, by reducing the attractiveness of irregular employment and thus reduce the size of the underground labour markets that are a key pull factor of irregular migration. The EU's Employers Sanctions Directive is a promising initiative in this respect, intended to facilitate access to justice by victims of abusive or exploitative labour conditions, including irregular migrants, but it has yet to be effectively and extensively implemented.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 55
- Paragraph text
- Effective regulation and monitoring of recruiters is necessary to effectively implement a ban on recruitment fees and to remove the impunity with which unethical recruiters exploit and abuse migrant workers. Monitoring and oversight needs to be multidimensional to address the complex dynamics and different elements of labour recruitment. Effective licensing of recruiters in countries of origin and destination is essential, as is developing a reliable rating system for recruiters that assess their business practices in relation to human rights and labour standards. Creating appropriate independent licensing and monitoring bodies that can work with one another across national borders and equalize regulatory standards is essential.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 63
- Paragraph text
- 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 can be fed back to the national regulation and licensing system, developing bilateral migration agreements grounded in human rights norms, and considering action on recruitment fees to level the playing field are all ways that international and regional cooperation can be used to enact wholesale change towards an ethical system.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 11
- Paragraph text
- Labour migration and related recruitment practices can take many different forms, depending upon the skill level and countries of origin and destination of migrants. The focus of the present report is specifically on practices of exploitation and abuse experienced by low- to medium-wage workers migrating from the Global South. Despite recent decreases in some forms of labour migration owing to the economic downturn, the use of low- and/or medium-wage workers on precarious, short-term contracts has significantly increased. The unethical recruitment referred to throughout the report refers to recruitment practices that do not respect the human rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 18
- Paragraph text
- The practices of unethical recruiters and their subagents sit on a complex spectrum of human rights violations. Such recruiters commonly exploit migrants, directly or indirectly, at every stage of the migratory process. Additionally, some unethical recruiters also can perpetrate and/or facilitate a range of broader human rights abuses with impunity. The patterns of these violations differ between recruiters, countries and different groups of migrants and are not fully understood due to a lack of coherent and disaggregated data. Significant suffering, however, unites the experience of many low-wage migrants who utilize the services of unethical recruiters.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 19
- Paragraph text
- As discussed below, economic exploitation of migrants can include charging large fees for recruitment services, which can force migrants into situations of effective debt bondage and forced labour; changing the terms of employment agreed in countries of origin; and facilitating employment in exploitative labour conditions. Recruitment is the first stage of the migration process. The already precarious situation of the migrant is aggravated by unethical recruitment practices of unscrupulous recruiters who focus on profit maximization at any cost. This contributes to millions of individuals being highly vulnerable to other multiple and severe abuses of their rights, including: trafficking; violence, including sexual violence, particularly directed towards women; restrictions of freedom of movement; racism and xenophobia; and denial of the right to remedy for violations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 23
- Paragraph text
- Unfortunately, the economic exploitation of migrants is not limited to paying recruitment fees. There are reports of agents facilitating severe mistreatment of migrants within the labour market in countries of destination. It is not uncommon for migrants to have no control over the countries that they go to, let alone the specific sector or employer. Contract substitution, whereby migrants arrive in countries of origin and are faced with jobs and working conditions dramatically different from those agreed upon in the country of origin, is also commonplace. Additionally, migrants have reported non-payment of wages, unspecified deductions from wages, and irregular wage patterns. Working conditions can also often be dangerous and dehumanising for migrants. Recruitment agents and subagents can also continue to play an exploitative and abusive role towards migrants in countries of destination, as discussed above.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 28
- Paragraph text
- Violence and intimidation are also perpetrated against migrants by both unscrupulous recruiters and employers. Such violence can be used as a method of control over migrants who challenge their treatment during the migration process, in the workplace in countries of destination, and in pre-departure training centres and accommodation. It has been reported that supervisors within companies or domestic households employing migrants, will exert violence if migrants do not perform their work functions as expected. Sexual harassment and sexual violence are particular risks faced by female migrants working in different sectors. Private agencies recruit many female migrants to work within domestic households, which operate outside the formal economy and in many countries are excluded from labour law protections. Female migrant workers are therefore left in an extremely precarious situation, working behind closed doors, heavily dependent upon their employer, and without any formal protection mechanism. Female migrant workers in such situations have reported incidences of violence, including sexual violence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 35
- Paragraph text
- Unscrupulous recruiters take significant resources away from migrants, through the charging of recruitment fees and broader economic exploitation, thus effectively disempowering the poorest within the global economic system. It is not uncommon for these fees to fund corrupt business practices among unethical recruitment agencies. Reports have suggested that unethical recruiters have used money gained from recruitment fees on illegal activities such as prostitution, drugs and the funding of the electoral campaigns of specific political parties. Therefore, the resources that are being diverted away from migrants and global poverty eradication, is being channelled into illicit activities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 53
- Paragraph text
- Additionally, businesses can support a transition to a total ban on recruitment fees. Increased media coverage of supply chain issues and labour market abuses, pressure from trade unions, and activism within civil society now join to make companies more aware of the reputational and legal risks associated with exploitative labour practices. Institutional investors are also increasingly using a range of ethical practices including labour supply, when screening company risk with a view to both reputational and operational efficiency. There are a number of actions that businesses can take to mitigate these risks and support wholesale transition to an ethical system, including conducting thorough audits of their supply chains to ensure that their contractors and subcontractors do not work with recruiters who charge migrant workers fees. This should include a commitment to ensuring no recruitment fees are paid by migrant workers within high-level policy commitments, refunding any fees paid by migrants, and collaborating with other business stakeholders to mobilize resources to protect workers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 99
- Paragraph text
- The Special Rapporteur noted, in recent international conversations, an increased focus on the return of migrants not benefiting from refugee protection. Certainly, refugees need protection in accordance with the 1951 Convention relating to the Status of Refugees. However, all migrants need the protection of their rights in accordance with international human rights law and international labour law, in particular in cases of detention, physical or mental abuse, labour exploitation, forced labour, return to torture, sexual and gender-based violence, separation of families, privacy and the protection of children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
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