Part II NHRIs in action
The Santa Cruz Declaration recommends that NHRIs analyse the specific reasons behind their
Government’s non-ratification, “including misconceptions and other obstacles”, and develop clear
responses to counter these concerns. It also suggests that NHRIs can bolster their advocacy efforts by
working in partnership with civil society organizations.177
A comprehensive strategy to promote ratification of the Convention could include measures such as:
• lobbying the Government, at both the parliamentary and departmental levels
• making formal recommendations to the Government, through annual reports, to governmental or
parliamentary inquiries or through other reporting processes
• raising public awareness and building community support through campaigns, conferences and
media advocacy
• delivering human rights training programmes
• providing advice on policy and legislative development
• engaging with the international human rights system, including the UN treaty bodies and the
Universal Periodic Review, and making recommendations through the reporting processes
available to NHRIs.
CASE STUDY
The Human Rights Commission of Malaysia (SUHAKAM) has encouraged
ratification of the Convention on Migrant Workers and core ILO conventions
through various outreach activities with the Government, as well as in
recommendations made in its annual reports, special reports related to
migrant workers and press statements.
SUHAKAM has also drawn attention to law and policy reform issues
regarding migrant workers in meetings with parliamentary and
governmental bodies, such as the Parliamentary Caucus on Human Rights,
the Department of Immigration and the Ministry of Home Affairs. It has also
coordinated larger meetings to foster improved communication between
government departments on these issues.
In addition, SUHAKAM has organized a number of roundtable discussions to
bring together relevant government agencies and civil society organizations
to discuss issues related to the rights of migrant workers.
In addition to the Convention on Migrant Workers, there are a number of other key international human
rights standards that can enhance the protection of the rights of migrant workers, as well as individuals
who have been smuggled or trafficked across borders.
NHRIs should review whether their Government has ratified the:
• ILO Migration for Employment Convention, 1949 (C-97)
• ILO Migrant Workers (Supplementary Provisions) Convention, 1975 (C-143)
• ILO Domestic Workers Convention, 2011 (C-189)
• Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United
Nations Convention against Transnational Organized Crime
177
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; paras. 25-26.
Chapter 6: Promoting reform of law, policy and practice | 71