Part II NHRIs in action
Given the diversity of their national backgrounds, languages and places of work, communicating
effectively with migrant workers can pose significant challenges. Therefore, it is important that NHRIs
develop targeted outreach strategies in collaboration with other groups, such as NGOs, trade unions
and migrant organizations. This could include, for example, developing joint programmes to provide
information and legal assistance to migrants immediately upon their arrival in the country.222
To encourage and facilitate complaints, NHRIs should also clearly communicate:
• the type of human rights violations that they are able to investigate, as set out in the Constitution
and/or national laws
• how individuals can submit a complaint, including the time period for bringing a complaint
• how complaints will be investigated, based on the principles of natural justice and procedural
fairness.
NHRIs may also need to develop communication strategies to promote understanding of their complaint
handling function and procedures with relevant government departments, law enforcement agencies,
detaining authorities, public and private sector employers, the business community223 and other groups
that may be potential respondents to complaints made by migrant workers.
Similarly, NHRIs can communicate with migrant organizations, NGOs, trade unions and others about
their potential role to bring complaints on behalf of migrant workers who have experienced discrimination
or human rights violations.
CASE STUDY
The National Human Rights Commission of Korea translates all its
complaint forms into the main languages of migrant worker communities
in South Korea. Staff members also distribute information brochures in
multiple languages on the Commission, its complaint handling function
and the rights of migrant workers in the suburbs and communities where
migrant workers live. The Commission undertakes its awareness raising
work in partnership with migrant associations and migrant communities.
It has also established partnerships with translation agencies, so that
professional translators can be available to provide interpretation services
when migrant workers seek to make a complaint.
To be effective, NHRIs need to ensure that their institutions and their complaint mechanisms are
accessible to all members of the community, including migrant workers and members of their families.
Firstly, NHRIs must be physically accessible. It is not uncommon for NHRIs to have just one office,
located in the country’s capital or one of its major cities. However, migrant workers may not live or work
in close proximity to the NHRI. In addition, they may also not be able to visit the NHRI because of the
nature of their work commitments.
222
Santa Cruz Declaration; 8th International Conference of National Institutions for the Promotion and Protection of Human Rights;
Santa Cruz, Republic of Bolivia; 24–26 October 2006; para. 40, which states that: “NHRIs should encourage the provision of
practical and legal assistance to migrants upon arrival, including by facilitating the establishment of offices in border towns. NHRIs
should monitor expulsion procedures.”
223
Edinburgh Declaration; 10th International Conference of National Institutions for the Promotion and Protection of Human Rights;
Edinburgh, Scotland; 8–10 October 2010; Section C (I), which states that NHRIs with complaint handling functions could
consider: “Promoting within the community and the business sector an awareness of their respective roles in monitoring and
receiving complaints of human rights violations by business entities, as well as other remedies.”
Chapter 7: Investigating allegations of human rights violations | 89