A/HRC/31/35
3.
Lack of access to decent work
37.
While in transit, many migrants are compelled to seek employment in order to
survive and to be able to fund further travel. More often than not, migrants in those
circumstances are only able to find work in the informal sector, which can be hazardous
and exploitative. Migrants are often unable to have their labour rights protected, including
because they are in an irregular situation. For example, migrant women in transit in Mexico
were restricted to gendered and informal occupations such as domestic work, hospitality or
entertainment, where legal protection of their labour rights was limited.42 In a study, it was
found that, in Thailand, unaccompanied migrant children in transit tended to work in
similar occupations with a high risk of labour exploitation. 43
38.
The protection of all workers against exploitation and abuse is a core component of
labour-related human rights.44 The Committee on the Rights of the Child has recommended
that States consider establishing monitoring and reporting systems for identifying and
remedying child rights violations taking place in work contexts, particularly in informal
and/or seasonal situations.45
D.
Arbitrary detention and inadequate conditions of detention
39.
Detention of irregular migrants is increasing around the world, including in transit
countries and at international borders. Far from being used as a last resort — as befits a
measure with such a drastic effect on its subject —, administrative detention is often routine
and, in some cases, mandatory. In many cases, procedural safeguards for administrative
detention are fewer than for criminal detention, including a lack of measures to determine
the arbitrariness of arrest and continued detention. Migrants in detention are often denied
access to legal aid or interpretation services and, thus, may not understand why they are
detained or how to challenge the legality of their detention.
40.
The use of detention for migrants is of concern, owing to the lack of procedural
safeguards and poor conditions such as denial of access to medical care, including mental
health care, as well as to the lack of adequate conditions, including space, food, water and
sanitation, in short-term custody. Migrants in detention often suffer violence, including
sexual violence, and a deterioration in their physical and mental health.46
41.
The enhanced use of detention and other forms of strict enforcement increases the
likelihood that migrants in transit will seek to avoid the authorities entirely, which, inter
alia, renders them more vulnerable to abuse and exploitation, and increases the likelihood
42
43
44
45
46
Carla Angulo-Pasel, “Complex migration: a woman’s transit journey through Mexico” (see footnote
14), p. 17.
Daniela Reale, “Protecting and supporting children on the move: Translating principles into practice”
(see footnote 15), p. 71.
See OHCHR, The Economic, Social and Cultural Rights of Migrants in an Irregular Situation (see
footnote 41), p. 116.
See the Committee’s report of the 2012 day of general discussion on the rights of all children in the
context of international migration, para. 90.
The United Nations Support Mission in Libya in 2014, for example, found conditions of grave
concern in detention centres for migrants, where detention is “widespread and prolonged”, including
chronic overcrowding, poor sanitation and health care, and insufficient food. There were also
consistent reports of physical or verbal mistreatment, labour exploitation, sexual abuse, extortion and
confiscation of identity documents, and minors were being detained with adults. See A/HRC/28/51,
paras. 32-33.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents