IRIS Handbook for Governments on Ethical Recruitment and Migrant Worker Protection: Chapter 1 - Adopting a rights-based regulatory approach to international labour recruitment

This resource is the first chapter of the IRIS Handbook for Governments on Ethical Recruitment and Migrant Worker Protection. It provides governments with practical guidance on how to adopt and strengthen a rights-based framework to regulate private international labour recruiters and uphold migrant worker protection. The chapter covers a comprehensive range of themes including: regulatory measures (key definitions and terms, legal status of labour recruiters, ethical rules of conduct); enforcement and oversight (mandating authorities and sanctions); and access to justice (complaint mechanisms and complementary measures). Guidance is intended for government officials in their capacities as policymakers and regulators at various levels of administration (national, subnational) and across relevant portfolios (immigration, labour, foreign affairs, etc.). It can be applied in countries of origin, transit and destination.

The IRIS Handbook is IOM’s flagship global guidance tool for governments on ethical recruitment and migrant worker protection. It builds directly on the Montreal Recommendations on Recruitment: A Road Map towards Better Regulation with more detailed measures for consideration, and profiles relevant concrete actions that governments around the world have taken.

Migrant Worker Guidelines for Employers

This publication is to provide practical guidance for business enterprises on how to recruit and employ international migrant workers ethically and responsibly. The guidance offers concrete steps employers across various sectors can take to run their businesses in a manner that respects human and labour rights of migrant workers. The guidance is primarily for human resources and personnel engaged with migrant workers and can be integrated in existing company policies, procedures and practices.

The guidance builds on the United Nations Guiding Principles on Business and Human Rights (UNGP) and relevant international human rights and labour standards and frameworks on international migration. It has been developed as part of the IOM’s Corporate Responsibility in Eliminating Slavery and Trafficking (CREST) initiative, through an extensive multi-stakeholder consultation process.

The guidance is accompanied by a set of supporting tools including checklists, guidance notes and other useful documents, to help employers develop and implement the system, principles and practices to manage the labour migration process.

Supporting tools

• Summary - Common challenges and Risks Experienced by Migrant Workers at All Stages of Labour Migration
• Checklist - Labour Recruiter Service Agreements
• Guidance Note - Recruitment Fees and Related Costs
• Checklist - Employment Contracts
• Checklist - Migrant Workers' Accommodations

IOM-MPI Issue in Brief No. 1 - Labour Migration from Colombo Process Countries: Good practices, challenges and ways forward

International migration has occurred throughout history and regions of the world. Human mobility to, from and within Asia, however, has certain distinctive features, and Asia represents arguably the most dynamic region, with significant intra- and extra-regional migration and some countries being simultaneously origins of and destinations for migrants. 

The Migration Policy Institute (MPI) and the International Organization for Migration (IOM) Regional Office for Asia and the Pacific today launched an issue briefs series focusing in particular on labour migration in the region. The eight-part series also will examine diaspora engagement in Asia and climate-induced migration.

The first issue brief, Labour Migration from the Colombo Process Countries, examines labour migration from the 11 Colombo Process countries (Afghanistan, Bangladesh, China, India, Indonesia, Nepal, Pakistan, the Philippines, Sri Lanka, Thailand and Viet Nam). In 2010, an estimated 4.2 million workers migrated from these countries through official channels, many leaving on a temporary basis to work in the Middle East. 

The Philippines sent the largest number (nearly 1.5 million), followed by India (641,000) and Indonesia (576,000). Overall, an estimated 44.7 million migrants from the region are living outside their country of origin. 

Since 2005, the Colombo Process countries have taken concrete, proactive steps to manage the migration flows and protect their citizens working abroad, strengthening their legislative and administrative frameworks addressing recruitment regulation and welfare protection, as well as signing new accords with key destination countries. Despite the progress, however, the brief details a number of remaining challenges and highlights 10 possible areas of focus for governments.

“Governments in Colombo Process countries face a formidable task: creating efficient and equitable migration systems that benefit labour migrants and their families while contributing to long-term economic growth and development in countries of origin and destination,” said Andy Bruce, IOM regional director for Asia and the Pacific.

In June, IOM and MPI will publish the second issue brief, this one focusing on migrant health issues in the Asia-Pacific region. Subsequent briefs will be published every month through December, and will be available at IOM Online Bookstore and Migration Policy Institute.

Protecting Migrant Workers: The Case for a Core Rights Approach

This paper is part of the IOM Migration Research Leaders Syndicate’s contribution toward the Global Compact for Migration. It is one of 26 papers that make up a consolidated Syndicate publication, which focuses on proposing ways to address complex and pressing issues in contemporary international migration. The Migration Research Leaders Syndicate, convened as part of IOM’s efforts to extend policy and technical expertise in support of the Global Compact for Migration, comprises senior researchers from diverse geographic, disciplinary and thematic backgrounds. The Syndicate provides a channel for leading experts in migration to propose ideas to meet the ambitious goals outlined in the New York Declaration for Refugees and Migrants of September 2016.

In technical papers such as this one, Syndicate members were invited to identify and propose ways to resolve key conundrums currently posing challenges to international migration governance. To hone their proposals, they benefited from the input of advisors with experience in bridging policy and research, whether as senior non-migration scholars, former policy makers or prominent practitioners. The papers are short and crisp contributions that provide evidence-based, innovative ideas to improve international cooperation on fostering safe, orderly and regular migration.

For Their Own Good? Addressing Exploitation of Women Migrant Workers

This paper is part of the IOM Migration Research Leaders Syndicate’s contribution toward the Global Compact for Migration. It is one of 26 papers that make up a consolidated Syndicate publication, which focuses on proposing ways to address complex and pressing issues in contemporary international migration. The Migration Research Leaders Syndicate, convened as part of IOM’s efforts to extend policy and technical expertise in support of the Global Compact for Migration, comprises senior researchers from diverse geographic, disciplinary and thematic backgrounds. The Syndicate provides a channel for leading experts in migration to propose ideas to meet the ambitious goals outlined in the New York Declaration for Refugees and Migrants of September 2016.

In technical papers such as this one, Syndicate members were invited to identify and propose ways to resolve key conundrums currently posing challenges to international migration governance. To hone their proposals, they benefited from the input of advisors with experience in bridging policy and research, whether as senior non-migration scholars, former policy makers or prominent practitioners. The papers are short and crisp contributions that provide evidence-based, innovative ideas to improve international cooperation on fostering safe, orderly and regular migration.

Labour Mobility and Regional Integration in East and Horn of Africa

This report analyses the role of the East African Community (EAC) Protocol on the Establishment of the East African Community Common Market (CMP) and the Intergovernmental Authority on Development (IGAD) Protocol on Free Movement of Persons in the IGAD Region (FMP) in facilitating labour mobility in the East and Horn of Africa (EHoA) region. The report provides an in-depth analysis of the legal and policy context of protecting the rights of migrant workers in the EHoA region, focusing on the EAC CMP and IGAD FMP and national labour provisions of the case study countries, namely Kenya, Rwanda and Uganda. It also discusses the opportunities and challenges of overlapping memberships for the implementation of the IGAD FMP and acceleration of the EAC CMP in relation to labour mobility and migrant workers’ rights based on the experiences of Kenya and Uganda. It also explores the impact of overlapping memberships and COVID-19 on labour mobility while taking into account gender considerations.

Case Studies Illustrating How Fair and Ethical Recruitment Considerations Can Be Integrated in the Procurement of Labour Recruiters’ Services

Although present literature provides guidance on fair and ethical recruitment, there is a lack of attention on how the procurement of labour recruiters’ services can be leveraged to prevent forced labour and exploitation in global supply chains. Labour recruiters have been essential not only in meeting the global demand for migrant labour, but also in ensuring the rights of migrant workers and upholding fair and ethical recruitment principles. This study focuses on the procurement process as an early step in managing forced labour risks for migrant workers when engaging with labour recruiters.  
 
To provide practical examples on improving procurement practices and integrating fair and ethical recruitment standards in the supply chain management of business enterprises, this research uses case studies, key informant interviews, and desk reviews to identify common challenges and barriers to the adoption of ethical procurement practices.  
 
The identified challenges and successes from actual cases further guide the recommendations to mainstream ethical recruitment in the procurement of labour recruiters’ services. In line with IOM’s mission, this study provides a strong foundation for building the case for labour recruiters to fulfill their responsibility to respect migrant workers’ rights.

Assessment of the recruitment framework of Private Employment Agencies

The study was undertaken to evaluate the compliance of the regulatory framework of Private Employment Agencies (PEAs) in Albania with international standards vis-à-vis related with migrant workers recruitment. Moreover, detailed analysis of the sector will serve to develop recommendations on the ethical recruitment standards for Albanian public and private employment agencies.

Part of the study was to identify and take account of the “best practices” of PEAs operation from countries that have a regulated and consolidated market. 

This assessment was carried out under the project of the International Organization for Migration (IOM) “Promotion of decent work opportunities and protection of migrant workers in Albania”. The aforementioned project was funded by the Government of Sweden through the One UN Coherence Fund and implemented by IOM Tirana (Albania) in partnership with major actors of the Government of Albania.

The project aims to contribute to the development of an effective management system of employment mediation, which will promote ethical recruitment, decent work and protect migrant workers. The assessment took into consideration Albanian migrant workers seeking for employment abroad, present candidates and past migrant workers, as well as foreign migrant workers who have found employment opportunities in Albania. Special focus is given to the gender factor and recommendations aim at supporting the Government of Albania in developing gender-sensitive policies for regulating the status of migrant workers by ensuring their protection.

Migrant and cities: Research report on recruitment, employment, and working conditions of domestic workers in China

This study on domestic workers in China was conducted under the EU–China Dialogue on Migration and Mobility Support Project, a collaboration between the International Organization for Migration and the International Labour Organization, funded by the European Union. It examines the current situation of domestic workers in China with a focus on the case study of Beijing, including domestic workers’ recruitment, employment, working conditions, social security, accessibility to legal protection, and complaint mechanisms. The study identifies the gaps in the national policies and practices concerning domestic workers in China in light of international standards and good practices.

In addition, the study provides relevant policy recommendations to narrow the gaps with regard to international instruments and to promote the legitimate rights of domestic workers in China. The study is not only an illustration of the socioeconomic impact of migration on development – and urbanization in particular. It is an expression of hope that domestic work may transition from the informal to the formal economy and become a fully-fledged urban labour market in its own right in China’s near future.

Vulnerabilities and Risks of Exploitation Encountered by Vietnamese Migrant Workers

The qualitative research explores vulnerabilities and risks of exploitation faced by Vietnamese migrant workers during recruitment, employment at destinations, and upon return to Viet Nam.

The report captures the experiences of Vietnamese migrant workers on their journeys to most popular destinations – Japan, Taiwan Province of the People’s Republic of China and the Republic of Korea. It aims to support development of strategies by State policymakers and stakeholders to further strengthen protections of Vietnamese migrant workers from exploitative recruitment and employment practices.

It is part of the wider effort of IOM to support progress towards the implementation of the Global Compact for Safe, Orderly and Regular Migration and realization of the migration-related Sustainable Development Goals (SDGs). 

The study was funded by the IOM Development Fund and the Global Fund to End Modern Slavery.