Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions 2. THE COMPLAINT HANDLING FUNCTION OF NHRIs NHRIs in Asia are encouraged to take action in the following areas for the purpose of promoting and protecting the human rights of migrants: Providing effective remedies such as complaints-filing, counselling, investigation, etc., regarding human rights violations against migrants, in particular, irregular and undocumented workers, victims of trafficking, smuggling and sexual abuse. Seoul Guidelines (2008)219 Investigating allegations of human rights violations is a core function of NHRIs. It is also one that can help NHRIs to achieve a number of important goals. Firstly, an effective complaint handling mechanism can promote access to justice and provide practical redress for individuals who have been treated unlawfully. Secondly, receiving and resolving complaints can have a powerful educative effect and promote greater understanding of national and international human rights standards within the Government, detaining authorities, the corporate sector and the broader community. The process for investigating and resolving complaints of human rights violations will vary between NHRIs and reflect the powers set out in their establishing legislation. For example, NHRIs may be empowered to: • initiate investigations on their own motion (i.e. suo moto) into human rights violations • consider individual complaints and make recommendations for redress and remedies to appropriate authorities • refer cases to relevant authorities, including government departments, the parliament, the judiciary and prosecuting authorities • seek redress or remedies on behalf of complainants through courts and tribunals • advise courts and tribunals as amicus curiae or by intervening in relevant cases • issue legally enforceable orders and binding decisions, including the payment of compensation to victims by respondents • appear before regional bodies, such as human rights courts (for NHRIs outside the Asia Pacific region).220 3. PROVIDING AN ACCESSIBLE COMPLAINT HANDLING SYSTEM NHRIs should develop methods to encourage complaints from groups particularly vulnerable to human rights violations, including migrant workers.221 An immediate challenge is to build general awareness among migrant communities about the NHRI; what it is, what it does and, specifically, its role to receive and investigate allegations of human rights violations against any individual in the country, regardless of their migration status. NHRIs may also need to respond to the understandable caution that some migrant workers, especially undocumented workers and migrants in an irregular situation, may have in relation to lodging or supporting a complaint with an official institution of the State. As part of their engagement and communication with migrant workers, NHRIs should emphasize the fact that they are established by law as independent institutions. 219 Seoul Guidelines on the Cooperation of NHRIs for the Promotion and Protection of Human Rights of Migrants in Asia; International Conference on Human Rights of Migrants and Multicultural Society; Seoul, Korea; 10–12 November 2008; para. 21. 220 Toolkit for Collaborating with National Human Rights Institutions; United Nations Development Programme and the Office of the High Commissioner for Human Rights; 2010; p. 32. 221 National Human Rights Institutions: Best Practice; Commonwealth Secretariat; 2001; p. 21 and p. 35. 88 | Chapter 7: Investigating allegations of human rights violations