Part II NHRIs in action When a State ratifies an international human rights treaty, it is obliged to implement the treaty’s obligations into its domestic laws and policies and to ensure greater conformity between State practices and its laws and policies. An important role of NHRIs is to assess whether national laws, policies and practices comply with the requirements set out in the treaty. When this is not the case, NHRIs can use their advisory mandate to recommend and advocate for the necessary reforms. In countries with a monist system181 – where international obligations directly form part of the national legal framework – NHRIs should monitor the situation to assess whether these obligations are respected in practice. This can include: • reviewing the impact of draft legislation and policies that impact on the rights of migrant workers • undertaking a systematic review of all laws, policies and practices concerning the rights of migrant workers, for example as part of a public inquiry (see Chapter 9) • analysing the impact of Government and private sector / industry-specific policies on the rights of migrant workers • collecting information regarding the practices and operating procedures of labour recruitment agencies • undertaking research projects and community consultations to gather up-to-date data about the human rights issues and concerns facing migrant workers • reviewing the number and type of complaints lodged with the NHRI regarding the rights of migrant workers in order to identify systemic issues • drawing attention to and monitoring the implementation of recommendations made by international human rights mechanisms, such as the UN human rights treaty bodies, special mandate holders or through the Universal Periodic Review. Information and data collected by NHRIs about human rights can identify emerging issues, demonstrate areas of progress and help prioritize areas for action. Based on their human rights analysis, NHRIs can make recommendations to the Government about specific steps to bolster legislative protections for migrant workers that meet international standards, as well as practical reforms that can be made to relevant policies. NHRIs can offer technical advice to assist the Government implement proposed changes, such as providing comments on draft legislation, working with government departments to incorporate human rights standards into their operational policies and conducting training sessions for public officials to ensure that policies can be effectively translated into practice “on the ground”. If a State has not ratified a particular treaty, such as the Convention on Migrant Workers, NHRIs can still make recommendations to the Government to introduce, strengthen or implement national laws and policies that meet international standards or best practice in the prevention of human rights violations, including those by corporations.182 181 The domestic protection afforded by international human rights treaties is determined by the legal and political system of each State. States are generally divided into two categories: “monist”, where treaties are directly incorporated into domestic law upon the State becoming a party; and “dualist”, where the passage of implementing legislation is required to incorporate international treaty obligations into domestic law. See: The International Covenant on Civil and Political Rights: Cases, Materials and Commentary (2nd ed); Sarah Joseph, Jenny Schultz and Melissa Castan; 2004; p. 14. 182 Edinburgh Declaration; 10th International Conference of National Institutions for the Promotion and Protection of Human Rights; Edinburgh, Scotland; 8–10 October 2010; para. 13 (A) III. Chapter 6: Promoting reform of law, policy and practice | 73