7
The Way Forward
Witnessing the intolerable exacerbation of the plight suffered by many low-wage migrant workers and
the long-lasting breach of fundamental rights at their expenses, a coalition of civil society organisations
and trade unions is now calling for the creation of a justice mechanism to address wage theft, especially
that suffered by repatriated migrant workers.26 Action is called upon from all fronts: the international
community, the private sector, and national governments. It is not possible to effectively build back
better on foundations of flawed justice; change is needed in favour of greater access to justice and the
respect of migrant workers’ rights. The current crisis is thus an opportunity to make change possible
and amend the flaws of migration and labour management as well as of the functioning of justice
systems across the world. It is an opportunity to create more balanced relationships of power among
employers and employees, countries of origin and destination and amend national legislations to better
respond to the needs of the poor and vulnerable, giving a real opportunity to migrant workers to access
justice and enjoy the right to an effective remedy.
The international community has a responsibility to address the issue of wage theft and create effective
solutions to ensure not only the upholding of human rights and of international principles and standards
declared in the many conventions advocating for equality and justice; it has a duty to effectively manage
migration and protect individuals that are affected by it, with adequate resources. Governments have
also a crucial role to play. Among others, in facilitating the efforts of the international community as a
whole in advancing its agenda in this respect but also in drafting more inclusive, ethical and fair
legislation, strengthening the rule of law and promoting more effective justice systems. Governments
should reinforce their ties in advocating for migrant workers’ rights, joining together to further the
conditions of millions of individuals that still today are prevented from an effective access to the judicial
system. Governments have also a key role to play in ensuring that businesses act fairly, in respect of
ethical and moral values as well as fundamental human rights principles. This means both employers
and recruitment agencies need to be monitored and checked in the manner they operate to prevent
them from taking advantage of migrant workers’ needs, precariousness and vulnerability. They need to
be made accountable and punished for their violations as well. Businesses themselves can adopt more
rigorous internal processes, to ensure ethical and rights-compliant recruitment procedures and
employment conditions,27 including making migrant workers aware of their entitlements. Lastly, the
role played by civil society organisations and individuals is also important. We all have a responsibility
in keeping governments and institutions accountable to their actions, in supporting fair and transparent
employers instead of abusive ones, supporting and engaging in efforts to advance the cause of migrant
workers and calling for the immediate addressing of the problem of wage theft.
26
Call for an urgent justice mechanism for repatriated migrant workers
The UN Guiding Principles on Business and Human Rights stress the responsibility of businesses to protect human rights in
the workplace and represent a guideline for a human-rights-compliant business conduct.
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