Seminar Series

Caux Round Table

Human Rights Due Diligence on Migrant Workers
Report on the second session

CRT Japan hosts a seminar series on “Human Rights Due Diligence on Migrant Workers.”
The second session was held online on Thursday, the 3rd of March, 2022, with Bonny
Ling and Guna Subramaniam from Institute for Human Rights and Business (IHRB).
The second session received 97 registrations from 52 companies in a wide range ofindustries(machinery/electric/automobile
manufacturing,food,chemicals/pharmaceuticals, transportation, information/communications, distribution/retail,consulting and other services) and 10 organizations (NGOs/NPOs, educationalinstitutions) and 76 people were in attendance.
The second session aimed to provide an opportunity to learn about principles thatshould be followed to achieve fair treatment of migrant workers, the financial burden
they bear, the situation they face in Taiwan, and human rights issues in Taiwan's fishingsector.
Guna Subramaniam emphasized the importance of fair treatment of migrant workers.
He explained that many workers migrate to work, bearing their own recruitment fees,
travel expenses, and other related costs and that they are working off a debt, adding
the cost of pre-and post-travel COVID19 tests quarantine is an even more significant
burden during the pandemic. However, he stressed that it is unfair for workers to bearthese costs for their work, adding that ILO Convention No. 181 (Private Employment
Agencies Convention) clearly states that “illegitimate, unreasonable and undisclosedcosts” are never legitimate. He then introduced the “Employer Pays Principle,” whichsays that the employer, not the worker, should pay the recruitment costs, and the “theDhaka Principles for Migration with Dignity (the Dhaka Principles),” which are principles
for the responsible recruitment of migrant workers, and stressed the importance ofadherence to these principles. He concluded his presentation by introducing the“Leadership Group for Responsible Recruitment,” a company-led collective advocacy
platform launched by the IHRB in light of the current situation regarding therecruitment of migrant workers, harnessing the leverage of major international brands
to promote responsible recruitment practices among business, the recruitment
industry, and government.
Bonny Ling explained the current situation of migrant workers in Taiwan. Although
Taiwan has maintained its Tier 1 ranking in the U.S. Trafficking in Persons Report for
12 consecutive years, the fact is that migrant workers in Taiwan face a harsh reality,
and this highlights a large gap between what appears on the surface and what is
actually happening on the labor front. She mentioned that the fishing sector in Taiwan
has a deep-rooted human trafficking problem. The U.S. Customs and Border Protection
Caux Round Table Japan
Shibuya Sanshin Mansion 505, 29-33 Sakuragaoka-cho Shibuya-ku Tokyo 150-0031 JAPANhttp://crt-japan.jp/en/1

Caux Round Table(CBP) has issued Withhold Release Orders (WRO), which withhold imports of goods
suspected of forced labor at all U.S. ports of entry, for seafood harvested by two
Taiwanese-flagged fishing vessels and a flag-of-convenience vessel (Vanuatu-flagged,Taiwan-owned) for alleged exploitation of migrant workers. She also claimed that somecompanies and local governments imposed unfair movement restrictions on migrantworkers during the pandemic, not only in the fishing sector, and unfair treatment ofthese workers was apparent, which she pointed out was contrary to “the state duty toprotect” and “corporate responsibility to respect” human rights in the UNGPs. Inechoing Guna Subramaniam, she stressed the importance of complying with the“Employer Pays Principle,” which requires employers to bear the costs of employmentof their workers. On the other hand, she noted that it might not be easy to achievecompliance with this principle in Taiwan because the law allows recruitment agencies
to charge migrant workers a monthly service fee. Regarding the third pillar of theUNGPs, remedy, she pointed out that migrant workers do not have easy access tojustice due to various obstacles, including language barriers. She listed three types ofregulations relevant to companies: legally binding regulations, international standards
with which they are expected to comply, and self-imposed regulations, each of whichmust be complied with. She pointed out that in the EU, human rights andenvironmental due diligence is being legislated, and legal requirements for companies
are increasing in other countries around the world. She also pointed out the need forcompanies to take action to protect the rights of migrant workers. In order to protect
and respect the rights of migrant workers at the national level, she stressed the needfor stronger engagement among governments, companies, and consumers; corporate
leadership to change the mindset of society as a whole; and reforms to social
structures that protect and respect the rights of migrant workers in all industries,
regardless of the evaluation of the U.S. Trafficking in Persons Report.
A Q&A session followed, and the seminar was closed.
■References
IHRB• Dhaka Principles• IHRB resource bank for tools and guidance• Global Forum for Responsible Recruitment• Fair Recruitment in Review - Philippines to Taiwan: Falling Through the Cracks?
EU• ILO report on Definition of Recruitment Fees and Related Costs• Migrant Worker Guidelines for Employers

Caux Round Table Japan
Shibuya Sanshin Mansion 505, 29-33 Sakuragaoka-cho Shibuya-ku Tokyo 150-0031 JAPANhttp://crt-japan.jp/en/2