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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents