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An Exploratory Study on Labour Recruitment and Migrant Worker Protection Mechanisms in West Africa: The Case of Côte d’Ivoire, the Gambia, Ghana, Nigeria and Senegal This exploratory study has been produced as part of the International Organization for Migration’s (IOM) “Promoting Responsible Recruitment from West Africa to the Gulf (GCC) Region” project funded by the Migration Resource Allocation Committee (MIRAC).* It has been managed by the Labour Migration and Human Development (LHD) Division at the Regional Office for West and Central Africa in Dakar and the IOM country mission in Abidjan. The preliminary research for this report, conducted from August to December 2018, was funded by the FMM Project (Support Free Movement of Persons and Migration in West Africa). The contents of this study are the sole responsibility of the authors and can in no way be taken to reflect the views of IOM. Additionally, IOM does not endorse any of the private recruitment agencies described in this study. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants. The designations employed and the presentation of material throughout the study do not imply the expression of any opinion whatsoever on the part of IOM concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. This publication was issued without formal editing by IOM. Publisher: International Organization for Migration 17 route des Morillons P.O. Box 17 1211 Geneva 19 Switzerland Tel.: +41 22 717 9111 Fax: +41 22 798 6150 Email: [email protected] Website: www.iom.int ____________________________________________ © 2020 International Organization for Migration (IOM) ____________________________________________ All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of the publisher. PUB2019/025/L ____________________ * The Migration Resource Allocation Committee (MIRAC) gives out internal funds of the International Organization for Migration for priority projects. The General Director of IOM decides the disbursement of these funds at IOM in the goal of mobilizing additional funding to that of donors. An Exploratory Study on Labour Recruitment and Migrant Worker Protection Mechanisms in West Africa: The Case of Côte d’Ivoire, the Gambia, Ghana, Nigeria and Senegal LIST OF ABBREVIATIONS/ACRONYMS AEJ Youth Employment Agency (Agence Emploi Jeunes) ANPEJ National Youth Employment Agency (Agence Nationale pour la Promotion d’Emploi des Jeunes) ARLPAN Association of Recruiters License Placement Agents of Nigeria BAOS Bureaux d’Accueil, d’Orientation et de Suivi CSO Network Civil Society Network on Migration and Development CLO Chief Labour Officer CNLTP National Anti-Trafficking Agency (Cellule Nationale de Lutte contre la Traite) CNTS-FS Confédération Nationale de Travailleurs au Sénégal DfID Department for International Development DGIE Directorate of Ivoirians Abroad (Direction des Ivoriens de l’Exterieur) DGASE General Directorate for the Assistance of Senegalese Abroad (Direction Générale d’Appui au Sénégalais de l’Extérieur) DSPE Directorate of Strategies and Employment Programs DIADEM Diaspora Développement Education Migration DOL/DL Department of Labour DRT Head Office for Labour is the Directorate of Labor Regulation DST Department of National Surveillance (Direction de la Surveillance du Territoire) DSWU Domestic Services Workers Union DTPS Department of Labour and Social Protection (La Direction du Travail et de la Protection Sociale) FES Friedrich Ebert Stiftung FESACI Fédération des Syndicats Autonomes de Côte d’Ivoire FMLE Federal Ministry of Labour and Employment GBoS Gambian Bureau of Statistics GCCI Gambia Chambers of Commerce and Industry AND MIGRANT WORKER PROTECTION MECHANISMS IN WEST AFRICA: PROTECTION AND MIGRANT WORKER GHAPEA Ghana Association of Private Employment Agencies The Case of Côte d’Ivoire, the Gambia, Case of Côte d’Ivoire, The Ghana, Nigeria and Senegal GIS Ghana Immigration Service GLC The Gambia Labour Congress GLMIS Ghana Labour Market Information System ON LABOUR RECRUITMENT STUDY AN EXPLORATORY GNTUC Gambia National Trade Union Congress HuCaPAN Human Capital Providers Association of Nigeria ICMC International Catholic Migration Commission ICMPD International Centre for Migration Policy Development ILMD International Labour Migration Desk ILO International Labour Organization ITUC International Trade Union Confederation IMSCM Inter-Ministerial Steering Committee on Migration IOM International Organization for Migration IRIS International Recruitment Integrity System KAFA NGO (Enough Violence and Exploitation) MADE The Migration and Development Civil Society Network MAE Ministry of Foreign Affairs (Ministère des Affaires Etrangères) iii MELR The Ministry of Employment and Labour Relations MOFA The Ministry of Foreign Affairs MOI Ministry of the Interior MOTIE Ministry of Trade, Industry, Regional Integration and Employment MRC Migrant Resource Centre NAATIP National Agency against Trafficking in Persons NANNM National Association of Nigeria Nurses and Midwives NAPTIP National Agency for the Prohibition of Traffic in Persons and Other Related Matters NBS National Bureau of Statistics NECA Nigeria Employers’ Consultative Association NELEX National Electronic Labour Exchange NCFRMI National Commission for Refugees, Migrants and Internally Displaced Persons NDPC National Development Planning Commission NIS Nigeria Immigration Service NLC Nigeria Labour Congress NPopC National Population Commission OVP Office of the Vice President PDOS Pre-Departure Orientation Seminar PEC Public Employment Centre PEA Private Employment and/or Recruitment Agencies PMO Public Management Office PSC Public Service Commission TUC Trades Union Congress of Ghana UGTCI Union Générale des Travailleurs de Côte d’Ivoire UNDTS Union Démocratique des Travailleurs du Sénégal UNIWA Union of Informal Workers Association LIST OF ABBREVIATIONS/ACRONYMS iv DEFINITION OF KEY TERMS Ethical recruitment: Recruitment of workers in a lawful, fair and transparent manner that respects their dignity and human rights. The International Recruitment Integrity System (IRIS) Standard sets a benchmark for ethical recruitment, corresponding to seven key principles, including: Respect for Laws Fundamental Principles and Rights at Work; Respect for Ethical and Professional Conduct; Prohibition of Recruitment Fees to Jobseekers; Respect for Freedom of Movement; Respect for Transparency of Terms and Conditions of Employment; Respect for Confidentiality and Data Protection and Respect for Access to Remedy (IRIS Standard). Formal PEAs: This term is used to refer to private recruitment and employment agencies who are duly registered and licensed to function legally as recruitment entities or businesses in the country. They can be agencies or individual agents. Informal PEAs: This term is used to refer to private recruitment and employment agencies which are not registered nor licensed to function legally as recruitment entities or businesses in the country. They can be agencies or individual agents. Informal recruitment: This term is used in the paper to refer to all recruitment which is facilitated by informal private recruitment agencies, which are not registered nor licensed as private recruitment agencies nor businesses in the country. PEAs: This acronym is used to refer to Private Recruitment and Employment agencies. Trafficking in persons: This is defined as, “the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation” (Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, Article 3). While informal recruitment does not equate to trafficking in persons, informal recruitment can in some cases be accompanied by MECHANISMS IN WEST AFRICA: PROTECTION AND MIGRANT WORKER unethical recruitment practices which may in some circumstances lead to instances of trafficking the Gambia, Case of Côte d’Ivoire, The Ghana, Nigeria and Senegal in persons.1 Unethical recruitment: Contrary to the above, unethical recruitment (whether lawful or ON LABOUR RECRUITMENT STUDY AN EXPLORATORY unlawful) can be unjust, non-transparent and fail to respect the dignity and human rights of workers. It can also lead to other abuses, such as trafficking in persons, migrant smuggling, and other forms of exploitation. 1 Note: Within this study, the term “human trafficking” is used as an interchangeable substitute for “trafficking in persons” in some sections in order to correspond to the official names of certain entities. v CONTENTS List of Abbreviations/acronyms ....................................................................................iii
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