“According to allegations received, migrants are deceived about working and living conditions and the nature of their agreements with employers in the agricultural or care sectors. This is unlawful and highlights the need for urgent reform of the current system governing labour migration, to ensure effective protection of the rights of migrant workers,” the experts said.
They were concerned about the shortcomings of the Seasonal Worker Scheme, which was put in place to cover labour shortages in the UK. Licensed recruitment companies, known as “scheme operators”, recruit migrants from many countries to work on farms or in poultry production. Some recruitment agents illegally charge more than £3,000 to secure employment in the UK, pushing the affected workers into debt bondage. Other migrants arrive in the country with a job promised in the agricultural or care sector, only to find that no work is available to them.
While the experts acknowledged the Government’s efforts in revoking the licences of non-compliant employers in the care sector, they expressed deep concern about the lack of safeguards for workers who are left without a job if their employer’s licence is withdrawn. In such circumstances, many are allegedly threatened with deportation, while some of the migrants may be victims of trafficking in persons and other forms of exploitation, requiring assistance, protection, and access to compensation.
“The Government needs to hold scheme operators accountable through effective supervision and audits, as well as regular labour inspections on farms, protecting against human rights abuse by business enterprises domiciled in its territory, in line with the Guiding Principles on Business and Human Rights. Perpetrators of labour exploitation must be prosecuted, and access to justice and effective remedies must be guaranteed to victims. Currently, too many temporary migrant workers have been in a legal limbo for too long and risk becoming destitute,” the experts said.
They urged the UK to govern labour migration more effectively by adopting adequate policies and safeguards, preventing deception, stepping up efforts to identify, protect, and assist victims of exploitation and prevent trafficking for purposes of labour exploitation, and upholding the country’s international human rights obligations.
The experts: Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences; Siobhán Mullally, Special Rapporteur on trafficking in persons, especially women and children; Gehad Madi, Special Rapporteur on the human rights of migrants and Robert McCorquodale (Chair-Rapporteur), Fernanda Hopenhaym (Vice-Chair), Pichamon Yeophantong, Damilola Olawuyi, Elzbieta Karska, Working Group on the issue of human rights and transnational corporations and other business enterprises.