Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions This can be complemented by developing policy proposals for implementation by the Government which promote informed decision-making among prospective migrant workers, ensure migrant workers receive certified contracts that comply with human rights standards and require adequate pre-departure training and support.197 NHRIs can also work directly with private recruitment agencies to assist them understand and comply with their human rights obligations to prospective migrant workers, as well as to encourage them to adopt good practice in their operations. For example, recruitment agencies in a number of Asian countries have signed the Covenant of Ethical Conduct and Good Practices, under which they commit “to information campaigns for migrant workers and employers, to social security and insurance programmes that benefit migrant workers and to the establishment of resource and welfare centers in labour-receiving countries”.198 5.3. Contributing to bilateral agreements As the overall number of people crossing borders to live and work continues to rise, Governments are increasingly working together to share information and manage labour flows. However, as NHRIs have noted: … it is vital that the discourses around migration, including in forums such as the Global Forum on Migration and Development, are reoriented to ensure that they are more than just a negotiation between countries of origin and destination on the most effective global arrangements to meet market demands for supply of human resources. Such discourses lead to commoditization of migrant workers and pave the way for a range of human rights violations.199 Bilateral agreements between Governments can help address questions and concerns between laboursending and labour-receiving countries about the relevant legal and policy frameworks in each country regarding migrants, labour regulation, market-based development strategies and human rights. NHRIs can consider using their advisory mandate to advocate for the inclusion or integration of human rights norms in bilateral agreements involving their Government. However, as some human rights groups have noted, the inclusion of these standards can have unintended consequences that should first be considered.200 197 The Global Migration Group identifies policy suggestions to promote good practice in the selection and recruitment of migrant workers. See: Mainstreaming Migration into Development Planning: A Handbook for Policy-makers and Practitioners; 2010; pp. 67-68. 198 Submission of Migrant Forum in Asia to the Day of General Discussion on Migrant Domestic Workers, held by the Committee on Migrant Workers, 14 October 2009; p. 5. The Covenant of Ethical Conduct and Good Practices (2005) was developed with the assistance of the United Nations Agency for Gender Equality and the Empowerment of Women (UNIFEM) (East and South-East Asia Region). 199 Seoul Statement; International Conference on Human Rights of Migrants and Multicultural Society; Seoul, Korea; 10–12 November 2008; para. 7. 200 “While these often represent an improvement over existing frameworks, the uneven bargaining power between labor-sending and labor-receiving governments means that such agreements are generally weak and fail to guarantee key protections. Bilateral agreements or negotiations may also actually promote unhealthy competition. For example, if one country establishes stronger protections for its nationals through a bilateral agreement, employers and recruiters from the host country may simply seek workers from countries without such protections.”: Recommendations to Governments of the Colombo Process; Migrant Forum in Asia, Human Rights Watch and Caram Asia; 19 April 2011; pp. 3-4. See also the General Assembly President’s Summary of the Informal Thematic Debate on International Migration and Development (convened 19 May 2011); Initiatives of the President of the 65th session, General Assembly; p. 4. 78 | Chapter 6: Promoting reform of law, policy and practice