IOM Commentary on Dhaka Principle 3 – Policies and Procedures Are Inclusive

Throughout 2022, IHRB is marking ten years of the Dhaka Principles for Migration with Dignity with guest commentaries from representatives of business, trade unions, civil society organisations, and the UN system that reflect on the continuing importance of each of the twelve individual Principles. These experts are exploring challenges relating to each Principle in turn and discussing how faster progress can be made.

Collaboration is key to developing effective migrant worker policies. IOM Commentary on Dhaka Principle 3 – Policies and procedures are inclusive.

In recent years, the private sector has increasingly emerged as an important stakeholder in international migration policy and action and as a partner for the work of the International Organization for Migration (IOM). The IOM, through its 174 member and eight observer states and presence in more than 100 countries, works to help promote and protect the rights of migrants and to harness the potential of migration for sustainable development.    IOM’s work with the business community includes the CREST Programme in Asia and the global IRIS: Ethical Recruitment Initiative.

The importance of working with the private sector is also recognized in the Global Compact for Safe, Orderly and Regular Migration (GCM) that was adopted under the auspices of the United Nations in 2018. Achieving its objectives requires a whole-of-society approach that includes the commitment, support and cooperation of business leaders.

The sixth objective of the GCM, to facilitate fair and ethical recruitment and safeguard conditions that ensure decent work, has benefitted from the joint and consistent advocacy of leading businesses along with civil society and UN agencies, such as IOM and ILO. The Employer-Pays Principle coined by the Leadership Group for Responsible Recruitment has been adopted by many industries and has surely influenced the development of the 6^th GCM  and the ILO’s Definition of Recruitment Fees and Related Costs adopted in 2018, which both seek to prohibit recruiters and employers from charging migrant workers for recruitment. 

The Global Compact for Safe, Orderly and Regular Migration (GCM) that was adopted under the auspices of the United Nations in 2018. Achieving its objectives requires a whole-of-society approach that includes the commitment, support and cooperation of business leaders.

But despite progress, far too many migrant workers continue to face challenges at all stages of the labour migration process. Paying recruitment fees and related costs is still the reality for most low-wage migrants, but only one of the multiple risk factors they face.

Many businesses are seeking to respect the rights of migrant workers during the labour migration process, but it is often not clear how exactly this can be achieved or even where to start. Employers find it difficult to oversee and manage the recruitment process in another country or may struggle to overcome the language and cultural barriers with migrant workers on arrival at worksites.

This is where IHRB’s Dhaka Principles for Migration with Dignity offer useful guidance. The Dhaka Principles offer a simple and easy-to-use roadmap for business, government and civil society,  and remain a much needed and useful tool in understanding and addressing the challenges faced by migrant workers and those who recruit and employ them today.

Despite its position as Dhaka Principle 3, the need for corporate Policies and Procedures that are inclusive of migrant workers is arguably the first step that every business should take in order to meet its responsibility to respect migrant-worker rights. This is when businesses have a chance to truly recognize the presence and contributions of migrant workers in their operations and identify the specific needs and risks they face. This Principle stresses the need for an organisation-wide policy that sets clear human and labour rights objectives and how these will be achieved in relation to migrant workers.

Good practice in this area also includes a genuine and collaborative process to develop and adopt a migrant worker policy. More information about useful steps to do just that can be found in IHRB’s Implementation Guide for the Dhaka Principles and IOM’s newly published Migrant Worker Guidelines for Employers, but the following considerations should be highlighted:

First, when developing policies and procedures, businesses must take into account the entire labour migration process. This begins with the first steps of recruitment in communities of origin, workers orientations before signing contracts and departure, the facilitation of safe travel and immigration, the provision of decent working conditions and support with adequate housing and social services at the destination country, and the safeguarding of migrants during return or freely enabling change of employment. In this process, businesses should map out the entire labour migration process back to the countries of origin, identify relevant stakeholders, and be familiar with applicable migration and labour laws.

A second key consideration involves a business taking the steps needed to ensure that migrant workers are able to participate in the design and implementation of policies that impact them. Considering the complexities of the labour migration process and unique experiences of migrant workers, it is a wise business decision to involve migrant workers directly in this process. Doing so not only can help create a full understanding and secure policy objectives, but it is also the right and respectful thing to do. Such consultations should also recognise the diversity of migrant workers given that they come from different countries and migration pathways, speak different languages, have specific cultural and socio-economic backgrounds, different ages, gender and sexual orientations and so on.

When developing policies and procedures, businesses must take into account the entire labour migration process...businesses should map out the entire labour migration process back to the countries of origin, identify relevant stakeholders, and be familiar with applicable migration and labour laws.

Finally, having appropriate policies and procedures that are inclusive of migrant workers is just the beginning of the journey for any business. Effective implementation of any such policy requires that businesses carry out ongoing human rights due diligence in line with their policies and at all stages of labour migration; provide effective remediation where harm has occurred and: continuously engage with migrant workers and in partnerships to continue improving all policies and procedures over time.

The good news is that thanks to the joint efforts of many organizations working to promote the protection of migrant workers in global supply chains, companies now have the tools and guidance they need readily available. However, from IOM’s experience of working on the ground, it is evident that many practical barriers continue to exist and especially local, small and medium sized enterprises depend on clear communications and hands-on support to reach the desired standards. Lastly, it will be upon Governments to build on the progress made, raise the bar on national legislations and enhance international cooperation on migration between countries of origin, transit and destination.

This month’s expert is Maximilian Pottler, Head of Labour Mobility and Human Development at IOM Thailand | International Organization for Migration (IOM).

Max heads the Labour Mobility and Human development unit of the IOM office in Thailand. In his role, he works closely with governments, civil society and businesses to forge partnerships and create solutions that promote the protection of migrants’ rights and vulnerable populations. As such is currently overseeing IOM’s regional PROMISE Programme.

From the management of regional multi-stakeholder programmes through the tracing of migrant worker journeys in supply chains, his work is grounded in over 10 years of experience in multiple locations at the regional and global level, including Geneva, Bangladesh, Cambodia and Viet Nam.