Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions 3.1. Concluding observations related to the rights of migrant workers An important function of the treaty bodies is to monitor the compliance of States parties with their obligations under the respective human rights treaties. Each treaty establishes a reporting procedure which requires States parties to regularly present a report on their compliance with, and implementation of, their treaty obligations. At the conclusion of the reporting process, which includes an interactive dialogue with the State party under review, the treaty body issues concluding observations (also known as concluding comments), which usually include recommendations for further action by the State to meet its obligations under the treaty. Concluding observations are meant to be concrete, focused and able to be implemented. There is also increasing attention on measures to ensure effective follow-up of the recommendations made. This section summarizes the key issues raised by the different treaty bodies in relation to the treatment of migrant workers in their concluding observations. These have varied on a regional basis, reflecting the different issues raised and the level of protection generally given to migrants.58 The main areas of concern raised by treaty bodies include trafficking; discrimination; deportation and detention; irregular migrants; working conditions; migrant women; and national security and anti-terrorism measures.59 The two main areas of concern raised by the Human Rights Committee have been the detention and deportation of aliens.60 The Committee has also addressed issues of trafficking; ill-treatment by law enforcement officials; the impact of anti-terrorism laws; freedom of expression; freedom of association (especially regarding trade unions); and freedom of movement of migrants.61 The main focus of the Committee on Economic Social and Cultural Rights has been issues relating to the terms of employment, which includes minimum wages; health and maternity benefits; pension benefits; unemployment benefits; safe working conditions; and access to trade unions.62 The Committee has also addressed discrimination in the enjoyment of economic, social and cultural rights by migrant workers, including in housing; access to social security schemes; education; and access to work.63 The Committee on the Elimination of Discrimination against Women has addressed the issue of trafficking and sexual exploitation of women migrant workers.64 Migrant women can be particularly vulnerable to experiencing multiple forms of discrimination. The Committee’s recommendations to State parties address the obligations of States of origin and States of destination.65 The Committee on the Rights of the Child has a strong interest in, and has raised the issue of, trafficking, including trafficking of migrant children and their situation once they return to their country of origin.66 The Committee has also raised the issue of discrimination in access to adequate social services, in particular health and education facilities for migrant children, including irregular migrant children.67 The Committee on the Elimination of Racial Discrimination commonly addresses the issue of negative racial attitudes of host populations towards migrants and, in particular, asylum seekers. It has drawn attention to political speech, ill-treatment and violence, expressions of prejudice in the media 58 The UN Treaty Monitoring Bodies and Migrant Workers: A Samizdat; December 18; updated July 2007; p. 19. 59 Ibid; pp. 22-27. 60 “Migrants’ rights in UN human rights conventions”; Isabelle Slinckx; in Migration and Human Rights: The United Nations Convention on Migrant Worker Rights; Ryszard Cholewinski, Paul de Guchteneire and Antoine Pécoud (ed), United Nations Educational, Scientific and Cultural Organization / Cambridge University Press; 2009; p. 130. 61 The UN Treaty Monitoring Bodies and Migrant Workers: A Samizdat; December 18; updated July 2007; p. 19. 62 “Migrants’ rights in UN human rights conventions”; Isabelle Slinckx; in Migration and Human Rights: The United Nations Convention on Migrant Worker Rights; Ryszard Cholewinski, Paul de Guchteneire and Antoine Pécoud (ed), United Nations Educational, Scientific and Cultural Organization / Cambridge University Press; 2009; p. 132. 63 Ibid; p. 132. 64 Ibid; p. 133. 65 Ibid; pp. 134-135. 66 The UN Treaty Monitoring Bodies and Migrant Workers: A Samizdat; December 18; updated July 2007; p. 21. 67 Ibid; p. 21. 28 | Chapter 3: Other UN instruments and mechanisms relevant to the rights of migrant workers