A/HRC/23/41
mechanisms like sponsorship systems in some countries, encourage exploitative practices. 97
Sponsorship ties a migrant‟s authorization to work with one specific employer, and in some
States, sponsorship gives an employer the power to refuse a migrant worker‟s request to
transfer to another employer – such transfer may be sought due to abusive or unsafe
working conditions.98
Construction work
47.
Construction work is inherently hazardous because it involves working on
scaffolding and unfinished structures and using powerful machinery. Falls have been found
to be more common among migrant workers,99 while hand injuries from power tools and
eye injuries from building materials lodging in unprotected eyes are also frequent
occurrences.100 In hot climates, heat stroke, exhaustion, dehydration and heat-related
cardiac conditions are of particular concern, especially for those compelled to work
excessive hours.101 In addition, physical abuse by employers, overcrowded and unsanitary
accommodation, non-payment of wages, confiscation of passports and contract substitution
further increase health risks posed by construction work.102
48.
The provision of on-site training and protective equipment is necessary for the
enjoyment of the right to a healthy working environment. Migrant construction workers
often enter construction sites without appropriate training or sufficient protective
equipment, for example safety ropes when working from heights. 103 Further, instruction or
training may not be provided in a language understandable to migrant workers, which may
lead to greater occupational injuries and death among migrant workers.104
49.
States should ensure relief and remedies for migrant workers injured due to violation
of their right to occupational health.105 However, a lack of coverage under workers‟ health
insurance or compensation schemes has often afflicted migrant workers, particularly
irregular migrant workers.106 Additionally, the preponderance of sub-contracting
97
98
99
100
101
102
103
104
105
106
HRW, Building a Better World Cup: Protecting Migrant Workers in Qatar ahead of FIFA 2022
(2012), p. 6; Simona M. Gallo Mosala, “The Work Experience of Zimbabwean Migrants in South
Africa”, Issues Paper No. 33, (ILO Sub-Regional Office for Southern Africa, 2008), p. 23.
HRW, Slow Movement: Protection of Migrants’ Rights in 2009 (December 2009), p. 8.
Xiuwen Dong and James W. Platner, “Occupational fatalities of Hispanic construction workers from
1992 to 2000”, American Journal of Industrial Medicine, vol. 45, Iss. 1 (January 2004), pp. 50-51.
Sevil Sönmez and others, “Human rights and health disparities”, p. 5 (see footnote 63).
Ibid., p. 4.
HRW, Slow Movement, p. 8 (see footnote 98); HRW, “Are You Happy to Cheat Us?”: Exploitation of
Migrant Construction Workers in Russia (2009); HRW, United Arab Emirates. “The Island of
Happiness”: Exploitation of Migrant Workers on Saadiyat Island, Abu Dhabi (2009); A/HRC/14/30,
paras. 44 and 49.
HRW, Building a Better World Cup, pp. 4 and 68 (see footnote 97); Xiuwen Dong and James W.
Platner “Occupational fatalities”, p. 48 (see footnote 99).
Marc B. Schenker, “A Global Perspective of Migration and Occupational Health”, American Journal
of Industrial Medicine, vol. 53, No. 4 (April 2010), p. 331; Manuel Carballo, Jose Julio Divino,
Damir Zeric, “Migration and health in the European Union”, Tropical Medicine and International
Health, vol. 3, No. 12 (1998), p. 939.
A/HRC/20/15, para. 59.
HRW, United Arab Emirates. Building Towers, Cheating Workers: Exploitation of Migrant
Construction Workers in the United Arab Emirates, vol. 18, No. 8 (E) (November 2006), p. 49; Lori
A. Nessel, “Disposable Workers: Applying a Human Rights Framework to Analyze Duties Owed to
Seriously Injured or Ill Migrants”, Indiana Journal of Global Legal Studies, vol. 19, Iss.1 (2012),
p. 62.
15
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