Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions CASE STUDY Although New Zealand is not a party to the International Convention on the Protection of All Migrant Workers and Members of their Families, the Human Rights Commission of New Zealand does monitor the circumstances of specific categories of migrant workers included in the Convention, including ‘seafarers’. In 2010, the Commission became aware of significant claims of labour and human rights abuses involving Indonesia seafarers who were working aboard a Korean-owned vessel before this vessel sunk off the coast of New Zealand. It contacted the National Human Rights Commission of Indonesia (Komnas Ham) for assistance and advice on the capacity of Komnas Ham to protect those nationals from punishment or retribution by “recruitment/ manning agencies” on their return. It also raised the matter with the National Human Rights Commission of Korea (NHRCK). In November 2011, the Commission also presented a submission to the Ministerial Inquiry into Foreign Charter Vessels in which it strongly supported fair and decent conditions for the crews of foreign charter vessels. The Commission used its submission to promote the use of the Ruggie Principles244 on business and human rights, adopted by the UN General Assembly. The Commission’s recommendations were informed by discussions with Komnas Ham, the NHRCK and the Chair of the ASEAN Intergovernmental Human Rights Commission. 8. MONITORING AND INVESTIGATING SYSTEMIC VIOLATIONS AGAINST MIGRANT WORKERS 244 NHRIs should, where relevant, monitor, investigate and initiate complaints to protect the rights of migrant workers. As part of ongoing monitoring efforts, include a migration related section, including regarding the impact on development, in their annual reports. Special reports are encouraged where appropriate. Santa Cruz Declaration245 NHRIs have a responsibility to regularly monitor the human rights circumstances of all migrant workers, including undocumented workers and migrants in an irregular situation. To ensure that there is a consistent focus on these issues, an NHRI might assign responsibility for this monitoring work to a specific member or department within the NHRI.246 It might also assign one or more staff members as “focal point” officers on the rights of migrant workers, with clear duties in relation to monitoring and outreach activities.247 244 The Guiding Principles on Business and Human Rights rest on three pillars: the duty of the State to protect against human rights abuses; corporate responsibility to respect human rights; and greater access for victims to effective remedy. 245 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. 29. 246 For example, the New Zealand Human Rights Commission has a dedicated Equal Employment Opportunity Commissioner. One of the Commission’s key activities in this area is the “operation of a timely, accessible and impartial dispute resolution service to answer questions and resolve complaints of unlawful discrimination and harassment in the workplace”. 247 For example, the National Human Rights Committee of Qatar undertakes a number of inspection visits each month to places of employment of migrant workers and workers’ residences “to observe their situations or to play an intermediary role between them and [their] employer”; see the NHRC’s report to the 15th Annual Meeting of the Asia Pacific Forum of National Human Rights Institutions; Bali, Indonesia; 3–5 August 2010; p. 4. 98 | Chapter 7: Investigating allegations of human rights violations