Webcourse Presentation : Webcourse Presentation Protecting Migrant Workers:
Migration, Globalization and human rights Patrick Taran
Senior Migration Specialist
International Labour Office
International Labour Migration : 2 International Labour Migration 214 Million persons outside countries of origin
105 million economically active
Provide skills, labour, innovation needed for industrialized and developing economies
Provide income, skills, development impetus to origin countries
International Labour Migration : 3 International Labour Migration Regulation and Protection needed:
Market Mechanisms do not suffice
Long history of progressive development of legal standards for protection, regulation and international cooperation
ILO and the Protection of Migrant Workers : 4 ILO and the Protection of Migrant Workers International Labour Conference, 92 Session, 2004:
“Despite the positive experiences of migrant workers, a significant number face undue hardships and abuse in the form of low wages, poor working conditions, virtual absence of social protection, denial of freedom of association and workers’ rights, discrimination and xenophobia, as well as social exclusion. Gaps exist among migrant and national workers”
Protecting the rights of migrant workers benefits all involved. Protected migrant workers contribute best to countries of origin and destination.
ILO and the Protection of Migrant Workers : 5 ILO and the Protection of Migrant Workers Globalization with deregulation favours exploitation and abuse of vulnerable workers
Free trade provides for direct competition between low wage and higher wage production and markets
Pressures to cut costs to survive in industrialized countries
Less protected migrants provide source of cheap, docile and flexible workers
Limiting protection limits demands for decent pay and conditions and precludes unionization
Discrimination reinforces segmentation of labour markets
Slide 6 : 6 Basic Principles in international law:
Equality & Non-Discrimination
Human rights apply to all migrants
Labour standards apply to all migrant workers
Law should apply to native and migrant workers without distinction. ILO and the Protection of Migrant Workers
Slide 7 : 7 The Rights-based Approach to Labour Migration
Purposes:
Maximize the benefits of labour migration for all
Reduce decent work deficits
Promote good governance
Ensure respect for workers rights
Promote social dialogue ILO and the Protection of Migrant Workers
Protection of Migrant Workers : 8 Protection of Migrant Workers Issues and Challenges:
Respect of human rights of all migrant workers and their families
Formulation and implementation of labour migration policies
Effective application of labour laws
Coherence between migration policies and development policies
Integration of migrant workers and their families in work places and in societies of countries of destination
Protection of Migrant Workers : 9 Protection of Migrant Workers International Labour Law Instruments
for Migrant Workers
ILO Convention 97 on Migration for Employment of 1949
regulations for the facilitation of migration
Article (6) stipulates equality and non-discrimination
ILO Recommendation 86 on Migration for Employment of 1948
ILO Convention 143 on Migrant Workers (Supplementary Provisions) of 1975
two parts: migration in abusive conditions & equality of treatment and non-discrimination
ILO Recommendation 151 on Migrant Workers of 1975
Protection of Migrant Workers : 10 Protection of Migrant Workers Fundamental ILO Conventions
C87 Freedom of Association and Protection of the Right to Organise (1948)
C98 Right to Organise and Collective Bargaining (1949)
C29 Forced Labour (1930)
C105 Abolition of Forced Labour (1957)
C100 Equal Remuneration (1951)
C111 Discrimination (Employment and Occupation (1958)
C138 Minimum Age (1973)
C182 Worst Forms of Child Labour (1999)
International Labour Standards apply to All Migrant Workers
Protection of Migrant Workers : 11 Protection of Migrant Workers ILO Multilateral Framework on Labour Migration:
Principles and guidelines for a rights-based approach to labour migration
A comprehensive collection of principles, guidelines and best practices on labour migration policy.
Addresses the important themes of decent work for all: governance of migration, protection of migrant workers, promoting migration and development linkages, and expanding international cooperation.
Emphasizes the crucial role of social partners, social dialogue and tripartism in labour migration policy.
Advocates gender-sensitive migration policies.
Protection of Migrant Workers : 12 Protection of Migrant Workers International Human Rights Instruments
International Convention on the Protection of All Migrant Workers and Members of their Families of (1990)
Universal Declaration of Human Rights (1948)
International Covenant on Civil and Political Rights (1966)
International Covenant on Economic, Social and Cultural Rights (1966)
CERD, CAT, CEDAW, CRC.
Slide 13 : 13 Ratification and effective implementation of International Conventions on Migrant Workers.
Cooperation between governments, local authorities, employers, trade unions, migrant associations and NGOs at global, regional, national and local level.
Expand channels for regular migration
Monitoring through labour inspection systems. Steps towards Protection
Governance and Management : 14 Governance and Management ILO Policy Advice and Technical Cooperation on
Formulation and Implementation of a Rights-based Approach to Labour Migration Policies
Elements:
Advice on labour and migration laws
Development of labour administration procedures
Reinforcement of labour inspection systems
Creation of specialized departments on labour migration
Development of information base for policy formulation
Development of social protection measures
Slide 15 : 15 Thank you for your kind attention.