Tricked and Trapped: Human Trafficking in the Middle East, ‎pdf 4.1 MB

5.3.2. Taking measures to reduce vulnerability to forced labour
Prevention measures could include actions to reduce the vulnerability of
groups at particular risk of forced labour. In the case of migrant workers,
these measures could include improving recruitment systems, monitoring
recruitment agencies, strengthening the legislative framework and providing
more training. 9 Countries in the Middle East could consider establishing
a standardized system of licensing or certification for PEAs, based on the
provisions of the ILO Private Employment Agencies Convention, 1997 (No.
181). It would then become a duty of employers to use only accredited PEAs
in their own countries, and in their counterpart dealings with countries of
origin to use only accredited agencies that have the stamp of approval in
those countries. There is an important role for interregional cooperation
in formalizing the recruitment process, to harmonize standards between
countries of origin and destination and to strengthen cooperation between
law enforcement agencies. This would help to uncover and sanction those
who abuse the system and promote migration that can be tantamount to
human trafficking.
Moreover, while PEAs can play a legitimate role in the labour market, and
many of them provide high-quality services, a lack of adequate government
oversight and competition between agencies has fostered an illegal market
where deception and abuses are rampant. Those agencies that play a critical
role in the recruitment process of migrant workers need to be held to account
if they fail to abide by national legislation. Governments and civil society
actors that provide support to migrant workers seeking legal redress should
prosecute those agencies that charge fees to migrant workers and assume
responsibilities beyond the limits laid down in legislation.
Convictions in the courtroom would be a strong deterrent to others in the
same field. The “joint liability clause” adopted in the Philippines holds PEAs
in countries of origin and destination jointly liable for transgressions. Similar
joint liability clauses could be promoted and used in all employment contracts,
to ensure that no recruitment agency can shrug off its responsibilities. In
order to ensure that strategic litigation is possible, legal aid clinics need
to be established to provide pro bono legal assistance to support migrant
workers who are under the threat of deportation, have limited mobility,
and face financial and communication barriers to accessing justice in court.
Governments, social partners and other key stakeholders could also consider
exploring alternatives to PEAs. For example, the establishment of cooperatives
for migrant workers, including domestic workers, could be considered as a
means of employment intermediation. 10 These cooperatives could facilitate
9
Ibid., p. 26.
10
According to the Promotion of Cooperatives Recommendation, 2002, No. 193, the
term “cooperative” means “an autonomous association of persons united voluntarily
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