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Climate change and migration 2012, para. 56
- Paragraph text
- The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families explicitly applies the rights elaborated in the International Bill of Rights to the specific situation of migrant workers and members of their families. Entering into force in 2003, the Convention has now been ratified by 45 States, and the Special Rapporteur urges its prompt ratification by all remaining States. Furthermore, several conventions negotiated under the auspices of the International Labour Organization contain important provisions reaffirming the human rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
Paragraph
Global migration governance 2013, para. 18
- Paragraph text
- In 2004, the International Labour Conference, in the adoption of a plan of action for migrant workers, achieved consensus among its tripartite constituents (labour ministries and employers' and workers' organizations) on a rights-based approach to labour migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Global migration governance 2013, para. 88
- Paragraph text
- Migration benefits not only States of origin, for example in terms of remittances and the transfer of social and cultural knowledge, but also States of destination, which often have labour shortages and rely on migrant workers, both high- and low-skilled, as well as in terms of cultural diversity and knowledge exchanges, among others. If States were to agree to cooperate more on migration governance, they would be able to maximize and better redistribute these benefits. Such cooperation would not preclude States from determining the number of labour migrants, as already noted in relation to the European Union's system.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 53
- Paragraph text
- Indicators should focus on the increased proportion of migrants with equal access to social security and cross-border portability of earned social security benefits such as pensions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 73
- Paragraph text
- In recognition of the push and pull factors of migration, a target should be developed to ensure the appropriate governance of migration, to promote the matching of skills and jobs and of labour supply and demand between countries, including by creating fair, safe and regular channels for migration, including for low-skilled labour. In addition, the targets should aim to counteract deskilling and include increasing the proportion of migrants who are working at the skill level that is most relevant to their education, training and work experience, so as to facilitate their integration into the local labour force and their reintegration into the labour market in the country of origin.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 44
- Paragraph text
- The Special Rapporteur has received information indicating that many migrants are not provided with social security benefits. Migrants frequently risk losing entitlement to social security benefits in their home country due to their absence, and at the same time they may encounter restrictive conditions under the social security system of their country of employment. Portability of social security for migrants who wish to return to their home country is also problematic. Social security is particularly difficult to access for irregular migrants. While irregular migrants are often not able to participate in contributory schemes, they still contribute to financing social protection schemes by paying indirect taxes. Also, temporary migrants have difficult access to social security, due to long residency requirements.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96m
- Paragraph text
- [Indicators for such a target should include:] Reduction of upfront costs for migrants, especially recruitment fees;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 16
- Paragraph text
- People migrate for a variety of reasons. Push factors include war, conflict, natural disasters, persecution, poverty and unemployment. A major pull factor is the need for migrant labour in destination States. Irregular migration is frequently a result of a lack of regular migration channels, particularly for low-skilled workers, despite an often unrecognized need for their labour in countries of destination and the resulting vast underground labour markets that attract them. Many people see migration as the only way to improve their social and economic situation, and sometimes they see no other option but to migrate or remain irregularly. Migrants, and particularly irregular migrants or migrants with a precarious residence status, are often willing to do the "dirty, difficult and dangerous" jobs that nationals will not, at the exploitative wages that unscrupulous employers will offer.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 60
- Paragraph text
- 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.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 55
- Paragraph text
- The precarious routes to Europe discussed above are mixed migration channels, with economic migrants also risking their lives to seek opportunities because regular channels for migrant workers to the European Union do not exist. Some progress in opening up economic migration channels has been made through the development of the Blue Card system and the seasonal workers directive. However, use of the Blue Card among European Union member States is low and sustained opportunities for low-skilled migrants are scant. In sectors where regulation is inadequate, such as domestic work, care, construction, agriculture and tourism, migrants in need of work but unable to get visas come irregularly and can become vulnerable to abuse, violence, restrictions on their freedom of movement and economic exploitation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 56
- Paragraph text
- While the relationship between irregular migration status and labour market abuses is complex, the former will tend to increase vulnerability to the latter. Undocumented workers, constrained by circumstances, will perform tasks at great financial, physical and psychological cost. Little attention has been given to the impact European Union labour market dynamics has on pull factors for irregular migration and the suffering of undocumented migrant workers in the European Union. While the human rights implications of using precarious sea routes have been highly visible, the suffering experienced by undocumented migrant workers inside the European Union is largely invisible.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 43
- Paragraph text
- Trade unions have been critical partners in the prevention of human trafficking and forced labour. The International Trade Union Confederation and the International Union of Food Workers, for example, have played a critical role in curtailing forced labour in the cocoa industry in Côte d'Ivoire by advocating implementation of the Protocol for the Growing and Processing of Cocoa Beans and Their Derivative Products in a Manner that Complies with ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. A partnership between the confederation of workers Rerum Novarum, of Costa Rica, and the Sandinista Workers' Centre and the Confederación de Unificación Sindical, of Nicaragua, led to the creation of the Trade Union Centre for Migrants, which offers free legal and administrative assistance to all migrant workers seeking regularization and aims to combat trafficking in children by partnering with the local taxi drivers' union.
- 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
- Children
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93c
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] When entering into trade agreements, undertake comprehensive ex ante and ex post human rights impact assessments that consider the rights of migrants through direct consultations with migrants, migrants' associations and trade unions, and, on the basis of these assessments, include relevant general exception clauses and other compensatory, adjustment, grievance and remedial mechanisms - which may include minimum wage provisions, welfare funds to support migrant workers, strengthened consular support, voluntary insurance schemes for migrants and other housing or transitional assistance - and termination clauses, among other measures;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 54
- Paragraph text
- [Examples of current good practice in relation to business practice and the banning of recruitment fees include:] Some large multinational companies at the top of the supply chain, make efforts to detect illegal recruitment fees and repay them to migrant workers
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96h
- Paragraph text
- [Indicators for such a target should include:] Proportion of bilateral and multilateral agreements on migration that provide for human rights safeguards and comply with international human rights and labour standards, including effective complaint and redress mechanisms;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 74
- Paragraph text
- Human rights impact assessments are particularly useful when considering the human rights of migrants since they emphasize non-discrimination as a key guiding principle and shift the focus away from the aggregate outputs of trade to the impact of trade on the most vulnerable groups. In addition, human rights impact assessments strengthen accountability and empower rights holders. They may include subregional and national assessments, specific case studies and regional surveys, all of which can be critical in assessing the direct and systemic impact of trade on the rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 45
- Paragraph text
- Opening up more regular migration channels for migrants at all skill levels would considerably reduce undocumented migration and limit the power of smuggling rings. Allowing people to look for work on the regular labour market would present opportunities for both employers and workers. Abolishing sponsorship-based temporary migrant worker programmes and providing open work visas would considerably reduce labour exploitation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Detention of migrants in an irregular situation 2012, para. 35
- Paragraph text
- Privately run migrant detention centres pose particular difficulties in terms of monitoring. They may also pose particular concern if the contracts for managing detention centres are awarded to the company that offers the lowest cost, without giving sufficient attention to the obligation to treat those detained with humanity and with respect for their dignity. The Guiding Principles on Business and Human Rights (A/HRC/17/31, annex) provide that States do not relinquish their international human rights law obligations when they privatize the delivery of services that may impact upon the enjoyment of human rights and the Human Rights Committee has stated in its communication No. 1020/2001 that "the contracting out to the private commercial sector of core State activities which involve the use of force and the detention of persons does not absolve a State party of its obligations under the Covenant" (para. 7.2).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Global migration governance 2013, para. 32
- Paragraph text
- All international labour standards of the International Labour Organization (ILO) apply to migrant workers unless otherwise stated. They include the eight ILO fundamental rights conventions; the specific instruments concerned with the protection of migrant workers and the governance of labour migration, namely the Convention concerning Migration for Employment (Revised 1949) (Convention No. 97) and the Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Convention No. 143) of 1975, as well as other instruments that contain specific provisions on migrant workers, such as the Convention concerning Private Employment Agencies (Convention No. 181) of 1997 and the Domestic Workers Convention (Convention No. 189) of 2011.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 16
- Paragraph text
- The stricter approach to border control has also been accompanied by more stringent entry requirements to the Schengen Area. Prior to Schengen, relatively flexible entry requirements or specific guest worker programmes enabled unskilled migrants to travel to European Union Member States, to seek out opportunities and then adjust their administrative status accordingly. Presently, however, the possibilities for such opportunities remain quite limited as the Schengen system requires most non-European Union unskilled migrants, particularly from countries of the Global South, to obtain a visa in order to enter the European Union to look for work. This has created a reality whereby migrants from non-European Union countries, and in particular those from developing countries without visa facilitation programmes with the European Union, are increasingly unable to regularly enter the European Union to look for work in person.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 28
- Paragraph text
- Development targets that pay no attention to which groups are being left behind can be met without having any real impact on ensuring a more equal and just world. The focus should not be on simply reducing the cost and increasing the flow of remittances, but rather on the human cost of migration. In many countries, the most marginalized and exploited migrants are those who are in an irregular situation, have a precarious labour contract, are low-skilled, are children or adolescents, are women, in particular in domestic work, or are working in the construction, hospitality, extraction, fishing and agricultural sectors. Such migrants experience multiple forms of discrimination, on the basis of nationality, legal status, sector of work, sex, age and ethnic, linguistic or religious identity.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Women
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 43
- Paragraph text
- Many migrants live in housing which lacks basic infrastructure and services including sanitation, electricity, potable water and adequate health-care services. The Special Rapporteur has seen shocking living conditions of migrant workers he encountered. The migrants, some with irregular migration status, lived in abhorrent conditions, in overcrowded houses, without proper sanitation. The Special Rapporteur learned that the wages received were often not sufficient to maintain an adequate standard of living. Some migrants are promised housing by their employers, but find out upon arrival that no housing accommodation has been made available.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Labour exploitation of migrants 2014, para. 88
- Paragraph text
- Recognize the right of all migrants, including those in an irregular situation, to form and join organizations, including trade unions, and recognize these unions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 64
- Paragraph text
- The regional consultative processes are an example of regional and international cooperation that should be used to further protect the human rights of migrants, as shown by the Colombo Process, which has been advocating a standardized labour contract. These regional forums bring together representatives of States, international organizations and, in some cases, non-governmental organizations for informal and non-binding dialogue and information exchange on migration-related issues of common interest and concern. There has recently been work to extend dialogue between different consultative processes to facilitate more cooperation between countries of origin and destination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
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
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 30
- Paragraph text
- Migrant workers in already precarious situations can find themselves further socially isolated and vulnerable because of racism and xenophobia towards them in destination countries. Migrant workers commonly make huge sacrifices to seek work abroad and bring benefits to countries of both origin and destination. In destination countries, migrants meet the demand for cheap labour in sectors that often cannot attract nationals for the same pay and conditions, increase demand for goods and services, and pay taxes. However, these benefits are rarely acknowledged within public discourses about migrant workers that conceptualize migrants as short-term workers and often legitimize racist and xenophobic attitudes from employers and citizens. These attitudes can lead to incidences of racism and xenophobia towards migrant workers, in both the workplace and broader society within countries of destination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
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
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 52
- Paragraph text
- As legislators and regulators, Governments have a key role to play in the effective banning of all recruitment fees among migrant workers. They should ban fees in law and ensure that effective monitoring and regulation processes are in place to effectively implement the policy of "no recruitment fees". Nepal's zero-cost migration policy is an example of a Government taking a stand against current recruitment practices. From summer 2015, they will no longer approve migrant workers working in countries where employers will not pay their visa and airfare fees. The Ministry of Labour and Employment recently asked Nepal's embassies in Malaysia and six Gulf countries (Saudi Arabia, Qatar, Kuwait, United Arab Emirates, Bahrain and Oman) to stop attesting applications submitted by employment companies demanding Nepali migrant workers unless they were willing to pay their ticket and visa fees.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 84
- Paragraph text
- Greater attention should also be paid to ensuring that international mechanisms in the areas of trade and migration do not disproportionately penalize developing countries and that they are accountable and representative of all stakeholders. The Special Rapporteur believes there is a need to create stronger institutional links between trade and labour rights in the international framework.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Refrain from the confiscation of workers' passports at all times and any other restrictions on migrants' freedom of movement
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph