Part II NHRIs in action In its report on Human Rights, Corporate Accountability and Government Responsibility,193 the Asia Pacific Forum’s Advisory Council of Jurists outlined a number of steps that NHRIs can take to assist employers comply with their human rights obligations, such as providing industry-specific information resources, developing industry-specific training and advocating for human rights compliance to be included in corporate business plans. The report also recommended that NHRIs foster “dialogue between government, corporations and other business enterprises and civil society, including human rights defenders and trade unions”.194 5.2. Working with migrant worker recruitment agencies Many migrant workers seek to access employment opportunities in overseas labour markets through recruitment agencies. In a number of countries, the Government operates labour recruitment agencies. However, given the rapidly changing global labour market, there has been a strong growth in the number of private recruitment agencies operating in recent years. Private recruitment agencies commonly provide a range of services to prospective migrant workers, such as conducting interviews, testing skills and qualifications, arranging medical tests, coordinating employment contracts, organising tickets and travel documents, providing pre-departure training and orientation and assisting with departure and deployment. Migrant workers, particularly women and low-skilled workers, can be especially vulnerable to exploitation and human rights violations in the recruitment and deployment phase. For example, they may be given misleading information, some may not receive a legal employment contract that sets out and protects their rights, while others may be forced to pay exorbitant recruitment fees and face severe indebtedness over long periods of time. Some individuals can find themselves in situations that amount to bonded labour. As the ILO has noted: Such situations point to a need for better official oversight of recruitment agencies and their practices. Moreover, the establishment of more legally regulated agencies could make informal systems that are outside the law less attractive to workers and employers.195 A number of the UN human rights mechanisms have made similar recommendations in relation to private recruitment agencies. Following a visit to Indonesia, the Special Rapporteur on the human rights of migrants stated: The Government should increase the transparency and monitoring of private recruitment companies, including regulation and capping of recruitment fees, maintenance of publicly available registers of recruitment agencies, a system of regular and unannounced inspections, and imposition of substantial penalties for violations.196 NHRIs can play an important role in advocating that the Government develop legislation to regulate the activities of private recruitment agencies and establish effective oversight mechanisms to ensure that the rights of workers are protected in practice. 193 ACJ Reference on Human Rights, Corporate Accountability and Government Responsibility (Part 1 – Report); Advisory Council of Jurists; 13th Annual Meeting of the Asia Pacific Forum of National Human Rights Institutions; Kuala Lumpur, Malaysia; 27–31 July 2008. 194 Ibid; p. 17. 195 Forced Labour: Facts and Figures – The Cost of Coercion: Regional Perspectives: ASIA; Report I (B); International Labour Conference, 98th Session; ILO; 2009. 196 Addendum to the report of the Special Rapporteur on the Human Rights of Migrants, Mission to Indonesia; UN Human Rights Council; A/HRC/4/24/Add.3; p. 16. Chapter 6: Promoting reform of law, policy and practice | 77