Background

Pursuant to Human Rights Council resolution 53/3, the United Nations Working Group on the issue of human rights and transnational corporations and other business enterprises (the Working Group) will present a thematic report to the 80^th session of the UN General Assembly in October 2025. The theme of the report will be “Labour Migration, Business and Human Rights”.

As set out in resolution 17/4, the Working Group has a mandate to promote, disseminate and implement the UN Guiding Principles on Business and Human Rights (UNGPs). The Working Group is also mandated to exchange and promote good practices and lessons learned on the implementation of the Guiding Principles, and to assess and make recommendations thereon.

In this upcoming report to the UN General Assembly, the Working Group seeks to take stock of the extent to which States and businesses are upholding their respective duty and responsibility to protect and respect the human rights of migrant workers in a cross-border context, in line with the UNGPs and other relevant standards (e.g., the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Global Compact for Safe, Orderly and Regular Migration, and ILO Conventions No. 97 and 143). Centred on the three pillars of the UNGPs, the report will elaborate on the obligations and responsibilities of States and businesses, respectively, to fulfil the human rights of all migrant workers. It will also elucidate how migrant workers can be put at the centre of efforts to implement the UNGPs, specifically in relation to human rights due diligence processes and access to effective remedies.

Transnational migrant workers^[1.1], especially women, LGBTQI+ persons, youths, persons with disabilities, Indigenous Peoples and minorities, are at risk of a range of business-related human rights abuses. Well-documented risks include forced labour, precarious employment, wage theft, discrimination, exploitation, xenophobia, document confiscation, and social exclusion. Undocumented or irregular migrant workers are at even greater risk – often being those ‘left furthest behind’ in society, as was evident during the COVID-19 pandemic. These risks are further compounded by systematic barriers to accessing justice and effective remedies. In addition to capturing some aspects of the lived experiences of transnational migrant workers in particular, this report will:

(i) Assess the salient business and human rights challenges that migrant workers face in different countries and regions, including reprisals against migrant human rights defenders, labour migration in conflict-affected situations, temporary labour migration schemes, and precarious work in the ‘gig’ economy^[1.2];

(ii) Provide examples of emerging and established positive practices undertaken by States and businesses to address the challenges faced by migrant workers;

(iii) Distill insights into how access to justice and to remedy for migrant workers can be improved, particularly in a cross-border context and in view of global value chains;

(iv) Identify and recommend key areas for action to improve the working conditions of transnational migrant workers globally and nationally.

Drawing on the considerable body of work and databases published by, inter alia, the United Nations, in particular the Office of the High Commissioner for Human Rights (OHCHR), the Special Procedures of the Human Rights Council, the International Labour Organization (ILO), the International Organization for Migration (IOM), and the Organisation for Economic Co-operation and Development (OECD),^[1.3] the Working Group notes the strong focus that has been placed thus far in the business and human rights agenda on issues such as ethical recruitment, sponsorship reform, internal labour mobility, and addressing forced labour and human trafficking. While these issues remain highly relevant to this report’s thematic focus, the Working Group also seeks to review and synthesise knowledge on emerging and less-studied issues – for example, transnational labour migration in the context of climate change, and the distinct challenges faced by Indigenous migrant workers.

Objectives

The Working Group aims to provide further guidance to States and businesses on the labour dimension of the UNGPs and, in particular, how the UNGPs can be implemented through a migrant worker-centred lens. The report will provide practical recommendations on how the rights of all migrant workers can be protected, respected and remedied in a cross-border context.

Key questions and types of input/comments sought

In addition to multi-stakeholder consultations, the Working Group seeks the written input of all stakeholders working on issues related to labour migration, business and human rights for the preparation of this thematic report. Inputs can be country-specific or of a general nature. Below is a selection of questions for States, businesses, workers’ organisations, and other stakeholders to consider. Please feel free to respond to all or select questions depending on expertise, relevance or focus of work. Inputs may also address questions that are not listed here but which stakeholders would like to bring to the Working Group’s attention.

Questions for States

1. Based on your Government’s experience, what are the key human rights challenges faced by migrant workers in the context of transnational labour migration and global value chains?
2. What measures has your Government taken to address the human rights issues faced by transnational migrant workers in the context of business operations?
3. How does your Government enhance policy coherence across relevant ministries and departments on issues related to the human rights of migrant workers and responsible business conduct?
4. What are some examples of the positive impacts that the policies and practices adopted by your Government have generated to protect the rights of migrant workers and ensure access to decent work?
5. Has there been any positive step taken to ensure, in particular, the protection of the rights of all migrant workers in the activities of the State as an economic actor (e.g., State-owned enterprises, public procurement agencies, export credit agencies, development finance institutions, and public-private partnerships)?
6. Does your State have a temporary labour migration scheme in place? If so, please provide further information about the scheme.
7. What are the key challenges observed in the implementation by your Government of policies and practices related to transnational labour migration, and how are they being addressed (if they are)?
8. Can you identify any specific intersectional risks and challenges faced by migrant workers, such as migrant human rights defenders, women and LGBTQI+ persons, persons with disabilities, Indigenous Peoples, older persons, and youths, in a cross-border setting?
9. How can States create an enabling environment for businesses, including State-owned enterprises, development finance institutions, and investors, to uphold the UN Guiding Principles on Business and Human Rights and other international human rights standards, and fulfil the rights of all migrant workers?
10. What support has been provided by your Government to assist and guide businesses in relation to respecting the rights of migrant workers, including in a cross-border context?
11. How effective are current State-based and non-State-based judicial and non-judicial mechanisms in ensuring access to justice and to remedy for migrant workers, especially in a cross-border context?
12. How can multi-stakeholder initiatives, among others, advance the protection of migrant workers’ rights and enhance their access to decent work opportunities, especially in a cross-border context?
13. Please provide any comments, suggestions, or additional information that you consider relevant to this report.

Questions for businesses

1. Can you please detail information about your business (e.g., type and location of business)? How is the theme of this report relevant to your business operations and relationships?
2. To what extent (e.g., in terms of numbers, positions occupied, and seniority) do transnational migrant workers constitute the labour force in your business and/or sector?
3. Based on your business’ experience, what are the key human rights challenges faced by transnational migrant workers, including in the context of global value chains?
4. Can you identify any specific intersectional risks and challenges faced by migrant workers, such as migrant human rights defenders, women and LGBTQI+ persons, persons with disabilities, Indigenous Peoples, older persons, and youths, in a cross-border setting?
5. What policies and practices have your business adopted to address the human rights issues faced by migrant workers in a cross-border context?
6. How does your business conduct human rights due diligence (HRDD) in your operations and business relationships? Can you elaborate on how migrant workers are or are not accounted for as part of the HRDD process?
7. To what extent are the policy and regulatory measures taken by Governments in the jurisdictions your business operates in proved effective or ineffective in addressing the human rights risks pertaining to transnational migrant workers?
8. Are there any positive practice examples that your business can provide with respect to upholding the rights of migrant workers, including in relation to meaningful engagement and the prevention of reprisals against migrant human rights defenders?
9. Does your business have an operational-level grievance mechanism in place to address complaints raised by migrant workers, including those that arise from your value chains as well as those which may concern undocumented migrant workers?
10. How can multi-stakeholder initiatives, among others, advance the protection of migrant workers’ rights and enhance their access to decent work opportunities, especially in a cross-border context?
11. Please provide any comments, suggestions, or additional information that you consider relevant to this report.

Questions for workers’ organizations

1. To what extent (e.g., in terms of numbers, positions occupied, and seniority) do transnational migrant workers constitute the labour force in your sector?
2. To what extent does your organization feature representation from the migrant worker community?
3. Based on your organization’s experience, what are the key human rights challenges faced by transnational migrant workers, including in the context of global value chains?
4. Which sectors present the most salient human rights risks faced by transnational migrant workers, and why?
5. Are there positive practice examples that you can provide of States, businesses and/or workers’ organizations upholding the rights of migrant workers?
6. What are examples of policies and practices taken by Governments and/or businesses that have had an adverse impact or proved to be ineffective in relation to enhancing the protection of migrant workers’ rights, especially in a cross-border context?
7. How should businesses conduct human rights due diligence to ensure that migrant workers are placed at the centre of their considerations?
8. How can trade unions effectively represent and advocate for the rights of migrant workers, particularly in sectors where they are marginalized and at risk of exploitation?
9. How can trade unions promote the inclusion of migrant workers in their ranks and ensure that their voices are heard?
10. What are examples of effective strategies for trade unions to engage in collective bargaining and social dialogue on behalf of migrant workers?
11. What are the key gaps and challenges in the current ecosystem of remedy for transnational migrant workers?
12. How can multi-stakeholder initiatives, among others, advance the protection of migrant workers’ rights and enhance their access to decent work opportunities, especially in a cross-border context?
13. Please provide any comments, suggestions, or additional information that you consider relevant to this report.

Questions for other stakeholders

1. From your perspective, how much progress has been made in relation to the protection of migrant workers’ rights at the global, regional and/or national levels?
2. Based on your experience, what are the key human rights challenges faced by transnational migrant workers, including in the context of global value chains?
3. Which sectors present the most salient human rights risks faced by transnational migrant workers, and why?
4. Can you explain the specific intersectional risks and challenges faced by migrant workers, such as migrant human rights defenders, women and LGBTQI+ persons, persons with disabilities, Indigenous Peoples, older persons, and youths, in a cross-border setting?
5. Are there positive practice examples that you can provide of States and/or businesses upholding the rights of all migrant workers?
6. Are there positive practice examples that you can provide from your or your organization’s work in safeguarding and promoting the rights of all migrant workers, especially in a cross-border context?
7. What are examples of policies and practices taken by Governments and/or businesses that have had an adverse impact or proved to be ineffective in relation to enhancing the protection of migrant workers’ rights, especially in a cross-border context?
8. How should businesses conduct human rights due diligence to ensure that migrant workers are placed at the centre of their considerations?
9. How effective are current State-based judicial and non-judicial mechanisms, as well as non-State-based grievance mechanisms, in ensuring access to justice and to remedy for migrant workers, especially in a cross-border context?
10. Based on your experiences, how effective are businesses’ operational-level grievance mechanisms in addressing the complaints raised by migrant workers, including along the value chain as well as those which may concern undocumented migrant workers?
11. How can multi-stakeholder initiatives, among others, advance the protection of migrant workers’ rights and enhance their access to decent work opportunities, especially in a cross-border context?
12. Please provide any comments, suggestions, or additional information that you consider relevant to this report.

How inputs will be used?

Inputs will be treated to inform the drafting of the Working Group’s upcoming thematic report. Your input will be published on its website and may also be referenced in the report. If you would like your submission to be kept confidential, please indicate so explicitly in your submission.

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1.1. The term ‘transnational migrant workers’ is used here to refer to land-based and sea-based migrants of working age who migrate from the country of their usual residence with a view to joining the labour force of another country.

1.2. The gig economy refers to the labor market characterized by temporary, contract, and freelance work rather than permanent employment.

1.3. See, for example, Global Compact for Safe, Orderly and Regular Migration: https://documents.un.org/doc/undoc/gen/n18/451/99/pdf/n1845199.pdf; OHCHR, ‘We wanted workers, but human beings came’ : Human rights and temporary labour migration programmes’ (2022): https://bangkok.ohchr.org/wp-content/uploads/2023/01/Report-on-temporary-labour-migration-programme-final-250123.pdf; ILO, ‘International labour migration: A rights-based approach’ (2010): https://www.ilo.org/sites/default/files/wcmsp5/groups/public/@ed_protect/@protrav/@migrant/documents/publication/wcms_208594.pdf; IOM, ‘Access to Justice for Migrant Workers and Victims of Trafficking for Labour Exploitation’ (2023): https://publications.iom.int/system/files/pdf/pub2024-023-r-access-to-justice-for-migrant-workers-and-victims.pdf; OECD, International Migration Database: https://www.oecd.org/en/data/datasets/overview-data-on-migration-flows-and-migrant-populations.html.