Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions There are, however, instances when alternative dispute resolution would not be suitable, such as complaints that involve gross violations of human rights or where there is a significant disparity in the power relationship between the parties. Some NHRIs report high rates of success using alternative dispute resolution. However, it is important to note that not all complaints will be able to be resolved through conciliation or mediation, especially if there is resistance or refusal on the part of the respondent to engage in the process. In these instances, NHRIs should advise the complainant of alternative mechanisms that may be used to resolve the matter, such as initiating court proceedings. 6. PROMOTING LINKS TO LEGAL SERVICES AND ALTERNATIVE COMPLAINT MECHANISMS NHRIs should consider, in contributing to the promotion of the role of the judiciary in promoting and protecting human rights, the following actions: Promoting equal access to justice and assisting victims seeking redress with information on the law and the legal system, particularly in relation to marginalized or vulnerable groups as well as migrants. Nairobi Declaration240 NHRIs will not be in a position to address all the issues or complaints that migrant workers bring to them. For example, some migration- or employment-related complaints may not fall within the jurisdiction of the NHRI. Alternatively, some complaints may involve criminal behaviour that the NHRI does not have the authority to investigate. Regardless of whether a migrant worker’s complaint falls within its jurisdiction, NHRIs should seek to provide the individual with the information that he or she needs to seek redress or resolve an issue. This may involve referring the individual to the appropriate complaint handling body and providing a description of the steps involved in making a complaint with that body. It could also include helping him or her to access legal aid services,241 facilitating contact with the relevant consulate or linking the person to counselling, health or other support services. In some circumstances, when all domestic options for resolving a complaint have been exhausted, individuals may be able to lodge complaints of human rights violations through the individual complaints mechanisms of the UN (see Chapter 11 for more information). Providing migrant workers with reliable information is an important contribution that NHRIs can make to help promote their access to justice. However, it requires that NHRIs have a good corporate understanding of the issues facing migrant workers, practical strategies to promote and protect their human rights and established contacts with a broad range of stakeholders and service providers. In the Asia Pacific region, a number of NHRIs have designated one or more staff members to act as “focal point” officers responsible for implementing a programme of action to promote and protect the rights of migrant workers. 240 Nairobi Declaration; 9th International Conference of National Institutions for the Promotion and Protection of Human Rights; Nairobi, Kenya; 21–24 October 2008; para. 33. 241 Ibid; para. 33 encourages NHRIs to support “the establishment of legal aid centres that provide out-reach services and enhance access to justice, especially for people living in poverty, and other vulnerable groups” and find “appropriate means of cooperating with such centres, in particular to ensure that human rights are thoroughly integrated into the provision of legal aid”. 96 | Chapter 7: Investigating allegations of human rights violations