Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions
Introduction to Part II
The core international human rights treaties set out the principle that human rights and fundamental
freedoms belong to all people, regardless of their migration status. However, for many migrant workers,
there can be a vast gap between principle and reality.
Migrant workers in all parts of the globe commonly experience discrimination, exploitation and illtreatment at the hands of public officials, employers and others.
Independent NHRIs can play a pivotal role in assisting States, government departments, law enforcement
agencies, corporations, employers, private recruitment agencies and others to understand and meet
their human rights obligations to migrant workers and members of their families.
While no two NHRIs are the same, they commonly have mandates that allow them to:
• monitor and advise the State to assist it to meet its international and domestic human rights
commitments
• receive, investigate and resolve complaints of human rights violations
• raise awareness and provide human rights education for all parts of the community
• engage with the international and regional human rights systems.
The Paris Principles160 set out the minimum international standards required for NHRIs to effectively fulfil
their role.
Part II of this Guide describes a range of practical actions that NHRIs can take to promote and protect
the rights of migrant workers and members of their families, whether they operate in countries of origin,
transit or destination. It also features case studies of activities undertaken by NHRIs in the Asia Pacific
region, many of which involve partnerships with a range of national and regional stakeholders.
Cooperating for practical change
NHRIs can serve as a critical link between migrant communities, civil society, the State and the
international human rights system.
They can also bring together a broad range of stakeholders to build awareness, cooperation and
capacity to address the serious and complex human rights violations experienced by migrant workers,
undocumented workers and migrants in an irregular situation, including people who have been smuggled
or trafficked across borders.
Collaboration is a fundamental principle of any attempt to generate positive action to advance the rights
of migrant workers.
The Paris Principles highlight the important role played by civil society and recommend that NHRIs
should:
… develop relations with the non-governmental organizations devoted to promoting and
protecting human rights, to economic and social development, to combating racism, to protecting
particularly vulnerable groups (especially children, migrant workers, refugees, physically and
mentally disabled persons) or to specialized areas.161
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160
Principles relating to the Status of National Institutions (General Assembly Resolution 48/134); see: www.asiapacificforum.net/
members/international-standards.
161
Paris Principles; “Methods of Operation”; para. (g).