Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions Private agencies are increasingly playing a greater role in the recruitment and deployment of migrant workers. The absence of effective oversight or accreditation mechanisms can contribute to serious and systemic violations of the rights of migrant workers. The ILO notes that numerous abuses have been reported involving private recruitment agencies, “including confiscation of passports and fraudulent misrepresentation of the type of work for which people are being hired. Pregnancy and HIV/AIDS tests are used routinely by some of these agencies, disregarding recognized international standards”.8 There are growing numbers of migrants in an irregular situation. While the nature of irregular migration makes accurate figures impossible, it is estimated that around one third of all migration from developing countries today may be irregular. According to the ILO, “restrictive migration policies in traditional host countries, combined with an unacknowledged demand for labour is a main factor of that increase, depriving migrant workers of the possibility of using legal avenues to access existing jobs”.9 Similar factors have also contributed to a significant number of people being trafficked across borders, often involving organized crime networks. The ILO estimates that there are 2.45 million people globally in forced labour as a result of trafficking at any given time, including 1.36 million people in the Asia Pacific region.10 Photo by Richard Messenger. 8 In Search of Decent Work – Migrant Worker’s Rights: A Manual for Trade Unionists; ILO; 2008; p. 45. 9 Ibid; p. 45. 10 A Global Alliance against Forced Labour; ILO; 2005; p. 14. Facts and trends involving migrant workers | ix