A/HRC/19/43
while States may refuse to offer jobs to non-citizens without a work permit, all individuals
are entitled to the enjoyment of labour and employment rights, including the freedom of
assembly and association, once an employment relationship has been initiated until it is
terminated.36 The Committee on Economic, Social and Cultural Rights has further
determined that the labour market must be open to everyone under the jurisdiction of the
State, which suggests that the lack of a work permit should not, in fact, form an obstacle to
access to employment.37 However, given that States are generally free to regulate access by
non-nationals to their territory and thereby jurisdiction, whether it is through the
withholding of a work permit or residence permit or both, there is no guarantee that a
person will be entitled to exercise the right to work in respect of a State in which he or she
is a non-citizen.
24.
The Committee on the Elimination of Racial Discrimination has recalled the
obligation to ensure adequate working conditions for non-citizens. The Committee has
recommended to States that they strengthen the protection of all non-citizen workers
through adequate legislation and policies aimed at curbing abuses such as the withholding
of passports by employers, extended non-payment of wages, arbitrary deductions of wages,
and non-payment of overtime and working hours. It has also recommended the effective
implementation of existing legislation and the strengthening of monitoring mechanisms,
such as labour inspections, with regard to payment of wages, medical care, housing and
other living and working conditions of non-citizen workers.38
25.
The Committee has also expressed concern in relation to other discriminatory
situations affecting non-citizens. For instance, the Committee has recommended that States
intensify their efforts to protect non-citizens against exploitative work conditions and
discrimination in job recruitment, for example, by providing effective remedies for victims
and by training judges and labour inspectors on the application of labour standards. 39 It has
also expressed concern about restrictions that prohibit non-citizens from freely changing
employment, and has recommended that States take measures to ensure that non-citizens
are able to freely exercise their right to seek alternative employment except where the
authorization of residence is expressly dependent upon the specific remunerated activity for
which they were admitted.40
26.
The Special Rapporteur on the rights of non-citizens has pointed out that noncitizenship renders people vulnerable to poor working conditions, including difficult,
dangerous jobs; verbal abuse; violence; racism; discriminatory attitudes; cramped living
conditions; intimidating workplace environments; and low salaries, which are often
withheld (E/CN.4/Sub.2/2003/23/Add.3, para. 11). He has indicated that the root of these
problems is the restrictions commonly imposed by States on entry to the formal labour
market for non-citizens (ibid.). Where a non-citizen lacks any form of personal
identification, this is likely to also obstruct the opportunity to legally enter into even a basic
employment contract.41 Specific restrictions imposed on non-citizens’ exercise of certain
36
37
38
39
40
41
10
General recommendation No. 30, para. 35.
General comment No. 18 (2006) on the right to work, para. 12.
Committee on the Elimination of Racial Discrimination, concluding observations: United Arab
Emirates (CERD/C/ARE/CO/17), para. 14.
Committee on the Elimination of Racial Discrimination, concluding observations: Russian Federation
(CERD/C/RUS/CO/19), para. 25.
Committee on the Elimination of Racial Discrimination, concluding observations: Mongolia
(CERD/C/MNG/CO/18), para. 20.
See, for example, Report of the Working Group on the Universal Periodic Review – Dominican
Republic (A/HRC/13/3), para. 53.
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