Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions NHRIs should seek to promote awareness with the Government about “the impact of business enterprises on the realisation of human rights, and the relevant State obligations with regard to the promotion and protection of human rights in their own jurisdiction and extra-territorially.”183 In 2011, the UN Human Rights Council endorsed the Guiding Principles on Business and Human Rights184, which aim to support implementation of the “respect, protect and remedy” framework developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. Under this framework, States have a duty to protect against human rights violations “within their territory and/or jurisdiction by third parties, including business enterprises. This requires taking appropriate steps to prevent, investigate, punish and redress such abuse through effective policies, legislation, regulations and adjudication.”185 In order to meet their duty to “protect”, the Special Representative noted that States should: (a) Enforce laws that are aimed at, or have the effect of, requiring business enterprises to respect human rights, and periodically to assess the adequacy of such laws and address any gaps; (b) Ensure that other laws and policies governing the creation and ongoing operation of business enterprises, such as corporate law, do not constrain but enable business respect for human rights; (c) Provide effective guidance to business enterprises on how to respect human rights throughout their operations; (d) Encourage, and where appropriate require, business enterprises to communicate how they address their human rights impacts.186 The Special Representative also stated that NHRIs that comply with the Paris Principles “have an important role to play in helping States identify whether relevant laws are aligned with their human rights obligations and are being effectively enforced”.187 5. ENGAGING STAKEHOLDERS IN THE POLICY-MAKING PROCESS The approach that NHRIs follow when providing legislative and policy advice to the Government and other stakeholders can have a significant bearing on their ability to influence positive change. While the Paris Principles require NHRIs to operate independently in all aspects of their work, they are also encouraged to foster dialogue and work cooperatively with the Government, civil society organizations and other groups. In providing advice on laws and policies to promote and protect the rights of migrant workers, NHRIs should seek to gather information and perspectives from a range of stakeholders, including parliamentarians, government departments, the judiciary, academia, business groups, public and private sector employers, labour recruitment agencies, trade unions and relevant NGOs. A human rights-based approach also requires that migrant workers and migrant organizations will make a direct contribution to the development of laws and policies that affect them. 183 Ibid; para. 13 (A) (II). 184 Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises; UN Human Rights Council; A/HRC/17/31. The principles were endorsed on 16 June 2011; see: Human rights and transnational corporations and other business enterprises; A/HRC/RES/17/4; para. 1. 185 Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises; UN Human Rights Council; A/HRC/17/31; p. 6. 186 Ibid; p. 8. 187 Ibid; pp. 8-9. 74 | Chapter 6: Promoting reform of law, policy and practice