Part II NHRIs in action 7. CROSS-BORDER CO-OPERATION TO RESOLVE COMPLAINTS NHRIs declare they will: Encourage the creation of mechanisms for communication and coordination between human rights institutions in order to exchange information on specific cases or general problems relating to violations of the fundamental rights of undocumented migrants as well as migrant workers, which will enhance cooperation and facilitate possible intervention by these institutions, in accordance with their mandates. Zacatecas Declaration242 For a significant number of migrant workers, especially undocumented workers and migrants in an irregular situation, exploitation and human rights violations can occur before they have departed their home country. They can also occur during the course of their journey and after they arrive in the destination country. Seeking redress for violations they may have experienced clearly poses significant challenges, especially when they occur in countries that have different migration, labour and legal frameworks. NHRIs in countries of origin, transit and destination have highlighted the importance of developing better coordination among themselves to share information, identify emerging trends and monitor the complaints of their nationals, including the possibility of harmonizing or creating linked complaint handling mechanisms.243 In urgent situations, NHRIs may also be able to cooperate with each other – and sometimes in partnership with NGOs or trade unions – to conduct transnational investigations into individual complaints of violations, especially when those individuals are far removed from the protection of their country of origin. CASE STUDY In 2003, the National Human Rights Commission of Mongolia requested assistance from the Human Rights Commission of Malaysia to investigate the cases of four trafficked Mongolian women who had been detained under the Malaysian legal system which criminalizes irregular entry and work in Malaysia and at that time did not distinguish between “illegal migrants” and trafficked persons. 242 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. 11. 243 Appeal from the Jakarta Process on the Human Rights of Migrants to the UN High-Level Dialogue on Migration and Development; New York, United States; 14–15 September 2006; para. 2.1: “Full protection of the human rights of migrant workers requires proper legal instruments that will guarantee such protection of rights … National human rights institutions, in countries of origin as well as destination, should take a leadership role in this endeavour, including by developing a cross-border complaints mechanism and by conducting regular reporting on the human rights of all migrants.” Chapter 7: Investigating allegations of human rights violations | 97