Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions
3.3. South Asian Association for Regional Cooperation
Established in 1985, the South Asian Association for Regional Cooperation (SAARC) is an organization
of eight Member States158 dedicated to economic, technological, social and cultural cooperation and
emphasizing collective self reliance.
As the SAARC Charter sets out, the organization aims “to accelerate economic growth, social progress
and cultural development in the region and to provide all individuals the opportunity to live in dignity and
to realise their full potentials”.159
There is currently no regional instrument specific to migrant workers in South Asia. However, SAARC
approved two instruments in 2002: the SAARC Convention on Combating and Prevention of Trafficking in
Women and Children for Prostitution; and the SAARC Convention for the Promotion of Welfare of Children.
There is also an initiative to establish a SAARC Task Force on Labour Migration by civil society groups.
KEY POINTS: CHAPTER 5
• Regional human rights mechanisms have been established in Africa, the
Americas, the Arab States, Europe and South-East Asia.
• Promotion and protection of the rights of migrant workers at the regional
level can involve “soft law” or legally binding instruments.
• Regional human rights courts have been established in Africa, the
Americas and Europe, which can receive and rule on individual
complaints. A number of judgments have addressed the rights of migrant
workers and members of their families.
FURTHER READING
Human Rights in the Administration of Justice: A Manual on Human
Rights for Judges, Prosecutors and Lawyers; Professional Training Series
No. 9; OHCHR, in cooperation with the International Bar Association; 2003;
see Chapter 3: “The Major Regional Human Rights Instruments and the
Mechanisms for their Implementation”
Migration and Human Rights: The United Nations Convention on Migrant
Worker Rights; Ryszard Cholewinski, Paul de Guchteneire and Antoine
Pecoud (ed), United Nations Educational, Scientific and Cultural Organization
/ Cambridge University Press; 2009
Migration without Borders: Essays on the Free Movement of People;
Paul de Guchteneire and Antoine Pecoud (ed), United Nations Educational,
Scientific and Cultural Organization / Berghahn Books; 2007
“Regional Cooperation on Labour Rights and Migrant Workers’ Rights:
South America Compared”; Sonja Schröder, Maria Cristina Macovei and
Phillipe de Lombaerde, article prepared for Revista Educación Superior y
Sociedad; August 2010
158
South Asian Association for Regional Cooperation (SAARC) Member States include Afghanistan, Bangladesh, Bhutan, India,
Maldives, Nepal, Pakistan and Sri Lanka.
159
1985; article 1(b).
62 | Chapter 5: Regional mechanisms for the promotion and protection of the rights of migrant workers