Part I International laws and mechanisms Chapter 4: The International Labour Organization and migrant workers KEY QUESTIONS • What international labour standards are relevant to the rights of migrant workers? • What protections do these standards provide to migrant workers? • How is compliance with these standards monitored? Can complaints be made if a State breaches its obligations under these standards? 1. INTRODUCTION The International Labour Organization (ILO) was established in 1919 following the First World War, predating the formation of the United Nations. Today it is a specialized agency of the UN with the aim of promoting rights at work, as encapsulated in the slogan: “Decent work for all men and women”. This mission is based on an understanding of the inextricable relationship between labour rights, social justice and the conditions for “lasting peace, progress and prosperity”.102 The ILO is the only UN body with an explicit constitutional mandate for the protection of workers in international labour migration.103 This focus has been restated in the Declaration of Philadelphia, 1994104 and the ILO Declaration on Fundamental Principles and Rights at Work, 1998 (see below). This chapter provides information on the key ILO standards relevant to the rights of migrant workers. It also explains the structure of the ILO and its supervisory and complaints procedures. Upholding core labour standards is essential for ensuring that the human rights of migrant workers are respected in practice. The right to decent work is a fundamental right that enables the realization of many other rights for migrant workers. 2. ILO STANDARDS AND MIGRANT WORKERS The ILO has adopted over 180 conventions addressing specific labour issues and concerns, including those that specifically address the rights of migrant workers. In addition to these legally binding conventions, the ILO has codified standards through non-binding guidelines in the form of “recommendations”. The ILO was also actively involved in the drafting of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. It recognizes the definition of migrant workers that the Convention provides and acknowledges the Convention as one of the key framework instruments on the rights of migrant workers.105 102 “Mission and Objectives”; ILO; see: www.ilo.org/global/about-the-ilo/mission-and-objectives/lang--en/index.htm. 103 “MIGRANT: International Migration Branch”; ILO; see: www.ilo.org/public/english/protection/migrant/index.htm. 104 Declaration concerning the aims and purposes of the International Labour Organization; ILO Constitution, Annex. 105 ILO Multilateral Framework on Labour Migration: Non-binding principles and guidelines for a rights-based approach to labour migration; ILO; 2006; see: “Section V: Protection of Migrant Workers”; para. 9(b); In Search of Decent Work – Migrant Worker’s Rights: A Manual for Trade Unionists; International Labour Office; 2008; p. 78. Chapter 4: The International Labour Organization and migrant workers | 41