Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions Introduction for users The Asia Pacific Forum of National Human Rights Institutions (APF) is pleased to present Promoting and Protecting the Rights of Migrant Workers: The Role of National Human Rights Institutions. National human rights institutions (NHRIs) – whether they are human rights commissions or ombudsman offices – can play a crucial role in advancing the rights of migrant workers, especially NHRIs that are established in accordance with the Paris Principles.1 The manual aims to support and strengthen the work of NHRIs in countries of origin, transit and destination to identify and respond effectively to the human rights issues facing migrant workers and members of their families. RATIONALE NHRIs are a vital part of strong national human rights protection systems. They also play a key role in linking the international and domestic human rights systems. Their mandate means that they can engage with all relevant actors at the national level, as well as interact with regional and international mechanisms, to advocate for laws, policies and practices that bolster protection for vulnerable groups, including migrant workers and members of their families. Although NHRIs have broad mandates which require them to protect and promote all human rights for all people, the particular vulnerability of migrant workers – both documented migrant workers and those in an irregular situation – requires NHRIs to pay consistent and focused attention to the human rights issues they face. The ILO estimates that there were 214 million international migrants in 2010, representing around three per cent of the global population, with migrant workers and members of their families making up roughly 90 per cent of this total.2 While migration is a positive and rewarding experience for many migrant workers, a significant number face serious violations of their human rights, which can occur at each stage of their journey. This can include ill-treatment by immigration or law enforcement authorities, abusive or exploitative working conditions, an absence of basic workplace rights and protections, limited access to social security, systemic discrimination and wide-spread xenophobia and prejudice. Migrants in an irregular situation can live and work at the very margins of basic protections and safety. In some cases, especially involving individuals who have been trafficked across borders, the working conditions they experience can amount to forced labour. Promoting and protecting the rights of migrant workers is a priority for NHRIs in all parts of the world, with many international and regional meetings of NHRIs convened over the past decade to discuss emerging issues, exchange good practice and develop individual and shared programmes of action. The 8th International Conference of National Institutions for the Promotion and Protection of Human Rights, held in October 2006, specifically addressed the role of NHRIs in promoting and protecting the rights of migrants. The Santa Cruz Declaration, adopted at the conclusion of the conference, highlights the critical importance of NHRIs using all aspects of their mandates to promote positive change for migrants 1 Principles relating to the Status of National Institutions; General Assembly Resolution 48/134 of 20 December 1993. 2 International Labour Migration: A Rights-based Approach; ILO; 2010. vi | Introduction for users