Part II NHRIs in action
NHRIs can also develop education and training programmes for government departments to build
greater understanding of the human rights issues that migrant workers face and to identify ways in
which their agencies can work more effectively with members of different migrant communities.
7. DEVELOPING NATIONAL HUMAN RIGHTS PLANS OF ACTION
NHRIs declare they will:
Promote the adoption of national plans of action and ensure that they take into account the rights
of migrant workers, and call upon Governments to ensure that national institutions take their
rightful place in the policy-making process in relation to migration.
Zacatecas Declaration205
Delivering improved human rights protection for migrant workers requires the commitment and
collaboration of a range of actors, across governmental, civil society and private sector bodies.
A National Human Rights Plan of Action206 (National Action Plan) is an important tool that can help
establish a roadmap for realising positive change over time for migrant workers and members of their
families, as well as other vulnerable groups within a country.
The aim of the National Action Plan is to develop a “comprehensive and pragmatic programme of
activities aimed at progressively bringing about improvements”207 to the human rights situation of a
country.
A broad range of stakeholders will be involved in the process of drafting and implementing the
National Action Plan, including Government ministers, parliamentarians, government departments, law
enforcement agencies, civil society organizations, the judiciary, trade unions, professional associations,
business groups, employers, NGOs, academics and others.
NHRIs should obviously play a significant role in developing the National Action Plan by providing
independent information, analysis and recommendations.
In addition to drawing on their monitoring and complaints data related to migrant workers and migrants in
irregular situations, NHRIs can compile all relevant recommendations and comments made to the State
through the UPR process, by UN treaty bodies and special procedures, the ILO and other international
organizations.
They can identify and highlight examples of good practice developed in other similar labour-sending or
labour-receiving countries, as well as advocate for the inclusion of corporate human rights compliance
in the National Action Plan.208
It is crucial that representative members of vulnerable groups participate in the process of developing the
National Action Plan. NHRIs should take proactive steps to ensure that the perspectives and concerns
of migrant communities are heard, acknowledged and taken into consideration.
205
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. 23.
206
The Vienna Declaration and Programme of Action, adopted in June 1993 at the World Conference on Human Rights, recommends
that States consider the desirability of drawing up a national action plan identifying steps whereby States would improve the
promotion and protection of human rights: A/CONF.157/23; part II, para. 71.
207
Handbook on National Human Rights Plans of Action; Professional Training Series No. 10; OHCHR; 2002; p. 9.
208
ACJ Reference on Human Rights, Corporate Accountability and Government Responsibility (Part 1 – Report); Advisory Council of
Jurists; 13th Annual Meeting of the Asia Pacific Forum of National Human Rights Institutions; Kuala Lumpur, Malaysia; 27–31 July
2008; p. 16.
Chapter 6: Promoting reform of law, policy and practice | 81