Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions
However, some Governments are reluctant to ratify the Convention on Migrant Workers. As the OHCHR
has stated:
The low level of ratification reflects persistent fears or misunderstandings among States,
particularly destination States, about losing control of migration. This has been exacerbated by an
alarming and visible rise in xenophobic rhetoric in national political discourse in some countries.173
The International Steering Committee for the Global Campaign for Ratification of the Convention on
Rights of Migrants174 also notes that:
A number of arguments have been raised to challenge the value of the Convention, even to
actively discourage consideration of ratification by concerned countries. They range from asserting
inadequacies in the content and scope of the Convention to posing costs and constraints of
application.175
The Steering Committee suggests that these arguments fall into four main categories: arguments on
the utility and scope of the Convention; arguments on respecting State prerogatives; arguments on the
role and rights of migrants relative to nationals; and arguments on the consequences of implementing
the Convention.176
Photo by the National Human Rights Commission of Malaysia.
173
OHCHR Report 2010; OHCHR; Thematic Priorities, Migration; p. 47.
174
Members of the Steering Committee include December 18, Fédération internationale des ligues des droits de l’Homme, Migrant
Forum in Asia, Human Rights Watch, Migrants Rights International, International Catholic Migration Commission, Office of the High
Commissioner for Human Rights, International Labour Organization, Public Services International, International Organization for
Migration, United Nations Educational, Scientific and Cultural Organization, World Council of Churches and Amnesty International
(observer).
175
Guide on Ratification: The International Convention on the Protection of the Rights of All Migrant Workers and Members of their
Families; International Steering Committee for the Global Campaign for Ratification of the Convention on Rights of Migrants ;
2010; p. 29.
176
Ibid; pp. 29-33. The Steering Committee examines the arguments that fall under these themes and provides responses to each.
The publication also includes a list of 12 reasons to ratify the Convention on Migrant Workers and the two ILO conventions relating
to migrant workers (C-97 and C-143); p. 7.
70 | Chapter 6: Promoting reform of law, policy and practice