Part II NHRIs in action 1. INTRODUCTION In recent years, labour migration has become a priority issue for many States around the globe. While States have the sovereign right to determine and enforce their migration and labour policies, it is imperative that they respect and uphold the fundamental human rights of all migrant workers living within their borders, regardless of their migration status. However, migrant workers, especially those engaged in low-skill jobs or poorly regulated sectors of employment, can be vulnerable to discrimination, exploitation and abuse. Undocumented workers and migrants in an irregular situation can live and work at the very margins of basic protections and safety. In some cases, the working conditions that some migrants experience can amount to forced labour or, in the case of people trafficked across borders, slavery. A country’s legal framework should provide the foundation for ensuring that the human rights of all people within its jurisdiction are promoted and protected. However, in some cases, the domestic laws enacted by States can discriminate against migrants and limit their access to justice, especially migrants in an irregular situation. NHRIs can contribute to a strong and effective legal framework by promoting the ratification of relevant international human rights standards, especially the International Convention on the Protection of All Migrant Workers and Members of their Families (“the Convention on Migrant Workers”). They can also monitor and promote compliance with the human rights treaties that the State has ratified, review existing national legislation and propose amendments or recommend that new laws be enacted to properly promote and protect the rights of migrant workers. In addition, NHRIs can engage with a broad range of stakeholders – including government departments, law enforcement agencies, business and employer organizations, labour recruitment agencies, professional associations, trade unions, NGOs, migrant organizations and others – to develop migration, labour, social and industry-specific policies that meet international standards and provide effective safeguards for migrant workers and members of their families. In this way, NHRIs can play “an important role in ensuring efficient domestic legal protection of all migrants, including access to justice, non-discrimination and equal treatment, including full and effective protection in all areas of society”.163 2. KEY ISSUES FOR LAW AND POLICY REFORM NHRIs declare they will: Engage in legislative advocacy to facilitate the review of domestic legislation regarding the rights of migrants in order to ensure its conformity with international standards and obligations with respect to the protection of human rights, especially in relation to non-discrimination. Zacatecas Declaration164 In recent years, NHRIs from all regions of the world have met together on a number of occasions to share information and identify common goals for advancing the rights of migrant workers. 163 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. 15. 164 Zacatecas Declaration; International Workshop of National Institutions for the Promotion and Protection of Human Rights: Causes, Effects and Consequences of the Migratory Phenomenon and Human Rights Protection; Zacatecas, Mexico; 14–15 October 2004; para. 7. Chapter 6: Promoting reform of law, policy and practice | 67