ILO Fair Recruitment Initiative (ILO-FAIR)

Type of practice: International programs
Country: Global
Name of Stakeholder: International Labor Organization (ILO)
Type of Stakeholder Implementing the Practice: International Organizations
Type of crisis: Conflict, Natural Disaster
Crisis phase: Crisis Preparedness

Related Links: The Fair recruitment initiative I Brochure

Description

The International Labour Organization (ILO) launched in 2014 a global “Fair Recruitment Initiative” to help prevent human trafficking and forced labour; protect the rights of workers, including migrant workers, from abusive and fraudulent practices during the recruitment and placement process (including pre-selection, selection, transportation, placement and safe return); and reduce the cost of labour migration and enhance development outcomes for migrant workers and their families, as well as for countries of origin and destination. This multi-stakeholder initiative is implemented in close collaboration with governments, representative employers’ and workers’ organizations, the private sector and other key partners. It is based on a four-pronged approach, which puts social dialogue at the centre. The fair recruitment initiative will focus on: 1. Enhancing global knowledge on national and international recruitment practices 2. Improving laws, policies and enforcement mechanisms to promote fair recruitment practices 3. Promoting fair business practices 4. Empowering and protecting workers

Guidelines/Thematic Areas

Empowering migrants

GUIDELINE 3: Empower migrants to help themselves, their families, and communities during and in the aftermath of crises

In order to help themselves and others and to enjoy their rights, migrants need access to identity documents, basic public services, and financial and other resources. Migrants’ ability to help themselves and enjoy their rights can be undermined by factors related to their entry and stay, means of arrival, connections to local populations, and conditions in the host State, including in workplaces. These factors can in turn undermine emergency response and recovery efforts.

States, private sector actors, international organizations, and civil society can promote migrants’ resilience and empower migrants to help themselves during and after a crisis by addressing underlying conditions of vulnerability. Respecting, protecting, and fulfilling migrants' human and labor rights in ordinary times advance these goals as do efforts to ensure migrants are able to access information, basic services, and administrative, judicial, and other redress mechanisms.

Legal, policy, and operational factors that constrain protection should be addressed. Examples of obstacles include laws, policies, and practical barriers that arbitrarily restrict the movement of migrants, enable arbitrary detention, discriminate between migrants and citizens in the provision of humanitarian assistance, or permit exploitative employment or recruitment practices.

In times of crisis, fear of immigration enforcement can inhibit migrants, particularly those in an irregular immigration status, from accessing necessary help. In this context, it is important to separate immigration enforcement actions from those that promote migrants’ access to services, humanitarian assistance, identity documents, and movement.

Stakeholders can provide migrants—prior to departure from the State of origin, upon arrival in the host State, and during their stay in the host State—with pertinent information related to country-specific conflict or natural disaster hotspots, rights and potential rights violations or abuses, ways to access timely, credible, and regular information, emergency contact points, and what to do and where to go in the event of a crisis. Building migrants’ skills to communicate in the host-State language and increasing migrants’ financial literacy may prompt migrants to invest in savings, take out micro-insurance, and better prepare for navigating unforeseen circumstances.

Sample Practices

• Pre-departure and post-arrival training for migrants that includes crisis-related information.
• Positive communication about migrants, including through migrant role models and campaigns to promote tolerance, non-discrimination, inclusiveness, and respect.
• Financial products, including micro-insurance, savings accounts, and fast-cash loans that target migrants’ needs, including low-income migrants.
• Measures that respect, protect, and fulfill migrants’ human and labor rights, including addressing barriers that inhibit migrants’ ability to enjoy their rights.
• Identity cards for migrants in an irregular immigration status to promote their access to services.
• Ethical recruitment processes and accreditation, and integrity certification schemes.
• Community-based alternatives to detention for migrants.

Capacity building

GUIDELINE 8: Build capacity and learn lessons for emergency response and post-crisis action

Limited resources, funding, and technical skills can all affect the robustness of emergency and post-crisis responses. Understanding and assessing these limitations is a critical first step towards overcoming them. Stakeholders’ investment in their own capacity to improve emergency response and post-crisis recovery for migrants is critical.

Capacity building may relate to such varied areas as consular services, training for responders, resource allocation, funding mechanisms, insurance schemes, relief goods and services, border and migration management, and relocation and evacuation. Many of these areas are relevant for both the emergency and post-crisis phases. Stakeholders should also consider addressing potential reintegration challenges for migrants, their families, and communities, facilitating re-employment, income generation, and safe remigration, and supporting migrants to access outstanding wages, assets, and property left in host States.

States, private sector actors, international organizations, and civil society should assist one another to build and improve their capacity to respond. Undertaking advocacy, monitoring and evaluations, raising awareness, conducting training, sharing information, building research and knowledge, and supporting and learning from each other all help to improve collective efforts to protect migrants.

Sample Practices

• Training and capacity building of stakeholders, such as on effective ways to access migrants and identify vulnerability and needs.
• Dedicated funding to protect migrants, including budget lines, loans, and funding platforms.
• Referral mechanisms that map rosters of experts who can address diverse needs of different migrants.
• Peer-to-peer exchanges for capacity building and learning on tackling challenges associated with protecting migrants.
• Training for consular officials, such as on collecting information on citizens and crisis management, including evacuation.
• Monitoring and evaluation of crisis responses that includes analysis of responses towards migrants.

Support migrants' recovery

GUIDELINE 14: Address migrants’ immediate needs and support migrants to rebuild lives

The dislocation and disruption created by conflicts or natural disasters can have significant and severe consequences for the socio-economic wellbeing of migrants and their families. Migrant workers often support themselves and their immediate and extended families, whether they are with them in the host State or in States of origin. Conflicts and natural disasters can stem the flow of income to migrants and curtail remittances to their families. Technical facilities to remit money can be disrupted. Currency devaluations and changes in exchange rates can affect migrants’ savings and assets. Education opportunities for student migrants can be indefinitely suspended. Xenophobia and discrimination against migrants may increase. Post-crisis conditions in host States and States of transit may allow trafficking of persons and other exploitative arrangements to thrive.

Migrants and their families who return to States of origin after prolonged stays in a host State can experience difficulty finding employment and housing and reintegrating. Reintegration may be especially difficult for victims of trafficking, individuals who experienced sexual and gender-based violence in the host State, children born to migrants in host States who have no experience of the culture in the parents’ State of origin, and migrants who have been abroad for extended periods of time. Possible interventions include cash assistance to address immediate needs, psychosocial counseling, health care, physical rehabilitation, family tracing services, assistance to recover outstanding wages, assets and property, compensation to address losses, and much more. Efforts to restore income for those migrants who return to their States of origin may include certification and recognition of skills, education, and training acquired abroad. Many migrants may seek opportunities to acquire new skills upon return. For various reasons, including to revive their incomes, others may seek opportunities to remigrate back to host States once the crisis has subsided or migrate to other countries.

Migrants who remain in their host States can also experience difficulty resuming their previous lives. They will require many of the same support services as migrants who return to their States of origin, such as cash assistance, health care, psychosocial and other counseling, family tracing, compensation, assistance to recover outstanding wages, assets, and property, and efforts to restore income, employment, and education opportunities. Like citizens, migrants’ post-crisis needs should be factored into host State recovery plans and programs at the national and local levels. States may decide to review immigration and visa rules to provide latitude for migrants who wish to remain in the host State to do so legally. Efforts that leverage the solidarity of migrants who remain in host States towards their host communities and societies could counteract xenophobic and discriminatory attitudes.

Sample Practices

• Access to remedies to recover lost property and assets, outstanding wages, pensions, and other benefits.
• Engagement of migrants in host-State reconstruction efforts.
• Flexible immigration procedures to enable migrants to retain regular immigration status.
• Registration, assessment, and recognition of returned migrants’ needs and skills.
• Immediate reintegration support, including cash and medical assistance.
• Income and employment regeneration assistance, including assistance with remigration.
• Certification mechanisms for skills, education, and training acquired abroad.