Regulating labour recruitment to prevent human trafficking and to foster fair migration: Models, challenges and opportunities

This working paper presents the role of international labour standards in regulating recruitment and provides a preliminary overview of national laws, policies, regulations and enforcement mechanism which aim to prevent fraudulent recruitment practices and protect workers from unscrupulous labour recruiters. It aims to establish a framework and an initial baseline for the implementation of the second strategic pillar of the ILO’s Fair Recruitment Initiative – strengthening laws, policies and enforcement mechanisms to protect workers from abusive and fraudulent recruitment practices.

Overall, the paper addresses three main research questions:

• What are the main international labour standards with regards to labour recruitment and how have the ILO supervisory bodies assessed national regulation and its implementation?
• What are the different models and approaches to regulate labour recruitment? What are the most recent trends in terms of statutory regulation?
• How are private employment agencies monitored and how are statutory regulations enforced? What are the main challenges with regards to enforcement?

The paper also provides recommendations based on emerging national and regional experiences and identifies research gaps which should be tackled in the coming years.