GENEVA - A UN expert said today that a lack of political will to take effective action against trafficking in persons, to ensure efficient application and enforcement of labour laws, and create safe, regular migration pathways, contributes to impunity, resulting in a protection gap within which rights violations persist and access to justice is denied.
"Racism and gender inequality create a climate of impunity where the rights of migrant domestic workers are violated with impunity. The victims are mostly women who are offered seemingly promising jobs by unscrupulous recruiters in their countries of origin or residence. Upon arrival at their place of work, they find that the conditions differ significantly from those outlined in the labour contract they were originally promised," said Siobhán Mullally, UN Special Rapporteur on trafficking in persons, especially women and children, in a report to the UN Human Rights Council.
In her report, Mullally examined the limitations of current legal and policy frameworks that contribute to the risk of human trafficking for migrant domestic workers. These limitations include the enforcement of labour laws, limited access to safe and regular migration channels, tied visas that limit workers' rights to change employers or employment sectors, and a lack of access to justice, effective remedies and compensation.
"Despite legislative reforms, the enforcement of workers' rights is often limited or non-existent in practice," the Special Rapporteur said. She stressed that the continued use of tied visas for migrant domestic workers by many States directly increases the risk of human trafficking. She also noted that migrant domestic workers are subjected to physical violence, sexual harassment and sexual violence, including rape, by their employers and members of their employers' families.
The expert stated that the effective implementation of labour rights, rights of residence, and pathways to citizenship are essential to preventing exploitation. Bilateral labour migration agreements can strengthen and protect workers' rights when they are grounded in international human rights and labour standards, and accompanied by sufficient resources to effectively monitor recruitment processes and ensure accountability when human rights and labour standards are violated. Labour inspections can also play a critical role in prevention and identification, but their effectiveness is undermined by the exclusion of domestic work from their competences and functions.
"Women who are victims of trafficking and return home often face stigmatisation, discrimination and poverty. They are also at risk of being trafficked again, especially if they are not provided with assistance and long-term inclusion measures upon their return," Mullaly said.
She emphasised the crucial role of migrant domestic workers' associations and trade unions in promoting rights. She also urged States to ensure effective access to justice and gender-sensitive, trauma-informed investigations.
"The increasing use of digital technologies, including artificial intelligence, in recruitment requires urgent attention," she said.
The Special Rapporteur stressed that international cooperation must be strengthened to ensure accountability for human trafficking in the context of migration and domestic work, in order to safeguard the rights of victims.
