Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions (b) Informing the party who filed the petition of his rights, in particular the remedies available to him, and promoting his access to them; (c) Hearing any complaints or petitions or transmitting them to any other competent authority within the limits prescribed by the law; (d) Making recommendations to the competent authorities, especially by proposing amendments or reforms of the laws, regulations and administrative practices, especially if they have created the difficulties encountered by the persons filing the petitions in order to assert their rights. 1. INTRODUCTION Migrant workers and members of their families can face serious violations of their human rights at every stage of their journey – before departure, in transit, during their residence and employment in another country and on return to their home country. This can include ill-treatment by immigration or law enforcement authorities, a lack of basic workplace rights and protections, irregular or unpaid wages, long hours of work, poor safety standards, substandard accommodation and limited access to social security in the destination country and on their return home. Migrant workers can also experience threats and intimidation from their employers, confiscation of their passports and visas, sexual assault, rape and, in some cases, even death. Vulnerable individuals, especially women and children, can become victims of human trafficking and find themselves trapped in highly abusive and exploitative situations. Migrant workers and members of their families can also face systemic discrimination in countries of transit and destination, where national laws or policies provide them with limited access to public services – such as health and education – or unequal protection before the law. These problems can be further compounded for undocumented workers and migrants in an irregular situation who fear that accessing government services will draw attention to their migration status and potentially lead to their detention or deportation. In international fora, NHRIs have agreed that that the protection and promotion of the rights of migrants must be a priority issue within their individual institutions.214 They can play a critical role to ensure that effective domestic legal protections are available to all migrants, regardless of their status, “including access to justice, non-discrimination and equal treatment, including full and effective protection in all areas of society”.215 A fundamental part of this role is to investigate allegations of human rights violations against migrant workers and members of their families. Most NHRIs have a mandate that allows them to investigate complaints lodged by an individual or on behalf of an affected individual. Some are also able to initiate suo motu investigations of issues that are brought to their attention. Depending on the powers set out in their establishing legislation, NHRIs can resolve complaints by issuing legally enforceable orders to the parties involved, through mediation or conciliation, by seeking redress on behalf of complaints through courts and tribunals or by referring complaints to other competent complaint handling bodies. 214 Zacatecas Declaration; International Workshop of National Institutions for the Promotion and Protection of Human Rights: Causes, Effects and Consequences of the Migratory Phenomenon and Human Rights Protection; Zacatecas, Mexico; 14–15 October 2004; see para. 1, which also states that “for that purpose/to that end [NHRIs will] identify focal points for this area within their institution”. 215 Santa Cruz Declaration; 8th International Conference of National Institutions for the Promotion and Protection of Human Rights; Santa Cruz, Republic of Bolivia; 24–26 October 2006; para. 15. 86 | Chapter 7: Investigating allegations of human rights violations