A/HRC/23/41
Strict monitoring will encourage transparency and deter exploitation, collusion and
mistreatment by recruitment agencies, employers and government authorities.26
18.
Sending and receiving States should also ensure legal redress through quasi-judicial
or judicial mechanisms to enable migrant workers to enforce their rights against State and
non-State actors. States should also provide for appropriate relief, by way of compensation,
restitution or non-repetition, for violations of the right to health. Such relief should also
include temporary measures such as shelters for abused domestic workers.
III. Specific issues
A.
Pre-departure obligations of States
Access to information
19.
The full realization of the right to health is closely dependent on the State‟s
obligation to ensure availability and accessibility of meaningful information to support
decision-making in respect of migration. Providing information to potential migrant
workers, particularly about their rights, is also necessary for empowering them against
possible abuse and exploitation by actors involved in the migration process.
20.
Information about costs assumed in the migration process, recruitment agencies,
terms and conditions of work in and practical information about receiving States, potential
dangers and benefits of migrating to a particular country, risks associated with migration
and employment and ways to counter them should be provided before a commitment to
migrate has been made.27 Potential migrant workers should also be made aware about
policies of receiving States, such as compulsory health testing, entitlement to and accessing
health-care services. Common methods to spread such information have included issuing
warnings, publishing a list of licensed and blacklisted agencies on websites and in
newspapers28 and mass media information campaigns.29
21.
Closer to the time of departure, pre-departure orientation sessions are conducted in
some countries to prepare migrant workers for their time in the receiving State 30 and to train
them for their jobs.31 During these sessions, migrant workers should be provided with
understandable information regarding their rights, health information, such as preventing
the transmission of communicable diseases like HIV, and health facilities available in
receiving States. Pre-departure training sessions are critical for informing migrant workers
about their rights vis-à-vis the receiving State and the employer. 32 Pre-departure sessions
should also be used to provide information on recourse mechanisms, such as consular
26
27
28
29
30
31
32
Migrant Forum in Asia, Labour Recruitment to the UAE: Gaps between policy and practice in Sri
Lanka, Nepal, Bangladesh, and the Philippines (2011).
ILO, Protecting the Rights of Migrant Workers: A Shared Responsibility (2009), p. 7.
Philippines Overseas Employment Administration, Status of Recruitment Agencies, available from
http://www.poea.gov.ph/cgi-bin/aglist.asp?mode=all.
Development Research Centre on Migration, Globalisation and Poverty, Information Campaigns on
Safe Migration and Pre-Departure training (2008), p. 22.
Farooq Azam, “Public Policies to Support International Migration in Pakistan and the Philippines”,
Arusha Conference, New Frontiers of Social Policy (12-15 December 2005).
A.K. Masud Ali, Pre-departure Orientation Programme: Study of Good Practices in Asia, A
comparative Study of Bangladesh, the Philippines and Sri Lanka (n.p., n.d.), p. 88.
ILO, Multilateral Framework on Labour Migration: Non-binding principles and guidelines for a
rights-based approach to labour migration (2006), guideline 12.
7
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