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Bericht

7 Jul 2021

Autor*in:
FairSquare: Five Corridors Project

Key Recommendations

Positive government interventions are to be welcomed regardless of the wider context, and it would be wrong to criticise individual initiatives on the basis that they have not fixed other problems. However this research has uncovered a relative paucity of practices that effectively discourage or curb recruitment abuses, relative to an abundance of practices that enable abuses to flourish. This was not equally true in all of the corridors under study: but overall the ratio of effective to ineffective government performance tended to skew towards the latter.

Drawing on the individual corridor studies, we put forward seven key recommendations. In line with the interdependence of the nine policy areas, these findings in some cases refer to multiple aspects of government performance.

[To destination states]

  • Create the market conditions for ethical recruitment, by ensuring that employers pay the full cost of migrant workers’ recruitment and imposing meaningful sanctions on those who do not.
  • Destination states should promote a fairer labour market for all workers, by introducing accessible measures to allow migrant workers to transfer employers in a timely manner without obtaining special permissions.
  • Ensure that laws and practices do not discriminate against migrant workers, or between different categories of migrant workers, in their access to essential worker protections including the right to freedom of association.

[To origin states]

  • Remove incentives that push recruiters towards unethical practices, by making all worker fee payment illegal and increasing enforcement efforts with private recruiters.
  • Remove incentives that push recruiters towards unethical practices, by making all worker fee payment illegal and increasing enforcement efforts with private recruiters.

[To both destination and origin states]

  • Design grievance and remedy processes that take account of the power imbalance between employers and recruitment agents, on the one hand, and migrant workers on the other.
  • Fully explore, including by carrying out rights-based assessments, the viability of carrying out more recruitment activities themselves, as a means of reducing fraud and abuse.
  • Ensure that any bilateral agreements are binding and include practical fair recruitment requirements with transparent oversight mechanisms

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