Part 3: Abuse and Exploitation of Migrant Construction Workers in Russia

Despite the government's steps to liberalize migration policy and encourage regular work in and migration to Russia, many migrant workers in the construction sector in Russia still face a range of abuses and forms of exploitation. In its 2008 report on Russia, the Committee for the Elimination on the Elimination of Racial Discrimination stated that it was " concerned about reports that non-citizens and ethnic minority workers are often subject to exploitative conditions of work as well as discrimination in job recruitment." [75]

Human Rights Watch's research found the most pervasive abuses and forms of exploitation of migrant workers include confiscation of passports; failure to provide employment contracts; non-payment or under payment of wages, or illegal deductions from wages; long working hours; substandard living conditions and denial of food; as well as the use or threats of violence by construction site guards, police, or others, or denunciation to the police. In cases when employers or intermediaries confiscate workers' passports, confine them to worksites, and deny wages, these abuses amount to forced labor. Some workers are trafficked by intermediaries into situations of forced labor in Russia.

In many cases, employers are directly responsible for abuses, as are police or other officials. Many abuses are linked directly or indirectly to the actions of intermediaries. Many migrant workers utilize the services of intermediaries, the majority of whom operate informally. Even formal employment agencies in Russia and labor-sending countries are subject to little regulation.

Migrant workers are subject to police abuses that also affect many other foreign nationals, particularly those from the Caucasus and Central Asia, as well as ethnic minorities from Russia. Police regularly subject ethnic minorities, including many migrant workers, to inhuman and degrading treatment. [76] Document inspections on worksites, in living quarters, or on the street are frequently used as a pretext for extortion. Human Rights Watch also documented many cases in which police beat and humiliated migrants or forced them to work in police stations or on other sites. Migrant workers also frequently face extortion and other abuses during travel to Russia, particularly through Central Asia.

It is important to note that many migrant workers, including workers interviewed by Human Rights Watch, have not faced the abuses described here. Many companies, employers, and intermediaries respect their obligations under labor and other laws. Russian workers also face some or many of the abuses described here. However, many migrant workers are particularly vulnerable to abuse due to their irregular migration status. Despite the reforms and simplification of procedures for residency registration and obtaining a work permit, obstacles to legalization for migrant workers remain, as described above. Employers' refusal to provide employment contracts renders many migrant workers' status irregular, as the work contract serves as the basis for a migrant's right to stay in Russia longer than 90 days. Migrant workers' irregular status may also leave them more vulnerable in cases of workplace accidents. In the absence of legal residency and employment status, migrant workers are also less able or willing to seek redress from official sources.

As described in Part 2 above, the state has the responsibility to take appropriate measures to prevent, punish, investigate, and redress abuse and exploitation-and to provide remedies for those who have been harmed. Official procedures or practices that contribute to harm through rendering migrant workers vulnerable to abuse, or failure by the authorities to take effective action to prevent abuse and exploitation or to provide appropriate remedies constitute violations of migrant laborers human rights.