The ILO has hosted a virtual Roundtable Discussion on access to justice for recruitment-related abuses
Posted at July 11th 2022 12:00 AM | Updated as of July 11th 2022 12:00 AM
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Fair recruitment and access to justice for migrant workers
Over 169 million men and women today live and work outside their country of origin in pursuit of decent work and better livelihoods. Public employment services and private employment agencies, when appropriately regulated, play an important role in the efficient and equitable functioning of labour markets by matching available jobs with suitably qualified workers. However, it is during the recruitment phase that migrant workers, especially low-wage workers, are particularly at risk of entering a cycle of abuse and exploitation.
Access to justice is central to making human rights, including labour rights, a reality for all workers and individuals. It is premised upon the central tenet of non-discrimination – that every person is entitled, without discrimination and on an equal basis with others, to equal treatment and protection under the law.1 In addition, a number of international Conventions and instruments guarantee the right to a fair and public hearing and process2 as well as the right to an effective remedy.3 For a remedy to be considered effective, it must:
• be accessible, affordable, adequate and timely;
• combine preventive, redressive and deterrent elements; and
• include the right to be treated “equally in all stages of procedure”, regardless of personal characteristics such as gender, race, or ethnicity, among others.
To this end, this working paper focuses on good practices concerning the migrant workers’ right to access to justice in the context of their labour recruitment, where recruitment is understood to include the advertising, information dissemination, selection, transport, placement into employment and – for migrant workers – return to the country of origin where applicable. The paper first gives an overview of current gaps in rights protection throughout the labour migration cycle and then outlines the sources of the right to access to justice under international human rights law, international labour standards and instruments, bilateral agreements, and the UN Guiding Principles on Business and Human Rights (UNGPs). It also briefly sets out the processes that may be available for seeking redress, as well as the structural factors that obstruct migrant workers from accessing these processes and provides examples of good practices from around the world that are constructively addressing these barriers to accessing justice.
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Access to justice for recruitment-related abuses
Recruitment of migrant workers should be conducted in a way that respects, protects and fulfils internationally recognized human rights. When these rights are violated, workers must have the right to access justice and to seek effective remedy.
Recruitment of migrant workers should be conducted in a way that respects, protects and fulfils internationally recognized human rights. When these rights are violated, workers must have the right to access justice and to seek effective remedy.
Roundtable Discussion: Access to justice for recruitment-related abuses
|7th July 2022 Time : 9:30am - 11:30am
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Working in the UK
A short open source, animated video particularly for use by labour providers and employers to use in inductions for workers in the UK, explaining how to avoid problems, their rights at work, and where and how to report issues, in four sections covering: Before work during recruitment; Getting the correct pay; Staying safe and well at work; Key rights at work.
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Just Good Work
Just Good Work is a free interactive mobile app, giving job-seekers and workers critical information and advice for everything needed on the journey to work, from recruitment, to employment and life in a new destination, to moving on or returning home.
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Guideline on Dispute Resolution of Migrant Worker Grievances
The Guideline is a reference for labour officials, Migrant Worker Resource Centre (MRC) staff, service providers, and stakeholders to use to support migrant workers through the dispute resolution process.
The Dispute Resolution Guidelines are designed to deliver rights-based, gender responsive, transparent and timely access to justice for migrant workers. The Guidelines steer officials towards complaints resolution that ensure outcomes and remedies accord with Cambodian Labour Law, Sub Decrees, prakas, regulations, and international labour standards, and does not restrict access to other redress mechanisms.
Family members of migrant workers can also begin the process, especially when the migrant worker is still overseas. Migrant workers, members of their families or their appointed representatives can all lodge complaints through the Dispute Resolution Process.
Complaints can be lodged individually, or as part of a group claim. This document summarises key points in the Dispute Resolution process and provides information for potential complainants.
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Country of origin complaints mechanisms for overseas migrants from Myanmar
This Briefing Paper is the first in a series of Briefing papers providing technical input on particular migration issues being produced by the ILO Yangon supported by Livelihoods and Food Security Trust Fund (LIFT). The briefing paper provides the international legal framework and guidelines governing complaints or grievance mechanisms for migrants. It analyses different mechanisms currently available to Myanmar migrants including the government complaints mechanism, embassies, Myanmar Overseas Employment Agencies Federation (MOEAF), Anti-Trafficking in Persons Division, ILO Forced Labour complaints mechanism and civil society organisations and labour organisations support services. It provides examples of good practices from other countries of origin.
Finally the paper proposes a set of policy recommendations to extend and improve complaints mechanisms for migrants. The Annex includes relevant treaties, examples of laws and structures from other countries, a tabulated breakdown of lessons learnt and samples of complaints forms. Other Briefing papers in this series to support the development of improved labour migration governance in Myanmar will include Recruitment, Social Protection and Policy Cohesion.
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Regulating recruitment of migrant workers: An assessment of complaint mechanisms in Thailand
This report provides the findings of an analysis of the legal framework and the complaint mechanisms for workers with grievances to seek redress - and puts forward recommendations for strengthening the system.
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Complaint mechanisms for Vietnamese migrant workers: An overview of law and practice
This report presents the results of a study initiated under the ILO GMS TRIANGLE project which considered both the laws governing migrant worker complaints and the practical experiences of migrant workers and authorities in navigating the complaints system.
This report provides important context regarding the challenges that may arise during the complaint making process, prompting consideration of the policy and legislative measures that may increases migrant workers' access to justice.
The report finds that while there is a legislative framework that facilitates complaints, gaps in coverage contribute to a lack of clarity for both workers and authorities. The documented practical experiences of workers and authorities indicate that uncertainty or a lack of information leave many migrant workers feeling unsupported or unsure of how to lodge or progress a complaint, with many reports of unresolved complaints or unsatisfactory outcomes. This in turn can have an adverse impact on government policies designed to promote economic development and overseas deployment targets.
The report finds that recent legislative developments and enhancements to internal government processes can be harnessed, through responsible implementation, to drive positive advancements and address challenges in respect of complaint mechanisms. The report makes a series of recommendations designed to promote practical improvements to the complaints process; through legislative reform and effective implementation of laws, conducting training and developing guidance material to increase awareness of complaints procedures, and conducting further research to better capture complaints’ data.
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