Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions of Council of Europe human rights standards”.134 Among its principal objectives, the Commissioner aims to collaborate with and provide support to national human rights institutions in the COE, and provides technical assistance for the establishment of new institutions. It may also intervene in proceedings of the European Court of Human Rights. 2.1.4. The Parliamentary Assembly of the Council of Europe The Parliamentary Assembly of the Council of Europe (the Assembly), along with the Committee of Ministers, form the statutory arms of the COE. The Assembly has adopted many recommendations and resolutions regarding migrants, including in 2011, Recommendation 1985 on undocumented migrant children in an irregular situation; Resolution 1821 on the interception and rescue at sea of asylum seekers, refugees and irregular migrants; and Resolution 1811 on protecting migrant women in the labour market.135 2.1.5. The Conference of International Non-Governmental Organizations The Conference of International Non-Governmental Organizations (INGOs) enables the participation of civil society in the decision-making structures of the COE. INGOs applying for participatory status “must be particularly representative in the field(s) of their competence and at European level, share the Council of Europe’s aims, and contribute actively to its work.”136 2.1.6. The Tampere Conclusions 1999 The European Council, which is composed of Heads of States and responsible for setting the policy directions of the European Union (EU), has produced a policy declaration on the creation of a common EU asylum and migration policy. This policy is embodied in the conclusions of the EU Council Summit of 1999, known as the “Tampere Conclusions”, and is part of the broader goal of creating an area of “freedom, security and justice”.137 It sets out a common approach to migration and asylum in the EU addressing four areas of collaboration: a common European asylum system; country partnerships; fair treatment of third country nationals (nationals from outside the EU); and migration management. Paragraphs 18 and 21 of the Tampere Conclusions set out the policy of fair treatment of “third country nationals” who legally reside or have legal long-term residency in EU Member States. “Third country nationals” refers to nationals of countries who are not EU Member States, which includes certain categories of migrant workers. Fair treatment means giving third county nationals rights “as near as possible” to those enjoyed by EU citizens. The principle of “non-discrimination” should guide the treatment of non-EU citizens in relation to their enjoyment of a broad range of economic, social, and cultural rights. 2.2. The Inter-American human rights system The Inter-American human rights system was established by the Organization of American States (OAS) to protect and defend human rights in the Americas. There are 35 Member States of the OAS.138 The main human rights instruments of the Inter-American human rights system are the American Declaration of the Rights and Duties of Man (1948) and the American Convention on Human Rights 134 “Commissioner for Human Rights: Mandate”; Council of Europe; see: www.coe.int/t/commissioner/Activities/mandate_en.asp. 135 To search adopted texts of the Assembly, see “Adopted Texts”; Parliamentary Assembly of the Council of Europe (PACE); http:// assembly.coe.int/ASP/Doc/XrefATListing_E.asp. 136 The Conference of International Nongovernmental Organisations of the Council of Europe: History, Structures, Projects; Conference of INGOs of the Council of Europe; p. 1. 137 “Presidency Conclusions, Tampere European Council, 15 and16 October 2009: Introduction”; European Parliament; see: www. europarl.europa.eu/summits/tam_en.htm. 138 At the time of writing, 24 of the 35 Organization of American States (OAS) Member States have ratified the American Convention on Human Rights: Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay and Venezuela. 56 | Chapter 5: Regional mechanisms for the promotion and protection of the rights of migrant workers

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