Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions
of Council of Europe human rights standards”.134 Among its principal objectives, the Commissioner aims
to collaborate with and provide support to national human rights institutions in the COE, and provides
technical assistance for the establishment of new institutions. It may also intervene in proceedings of the
European Court of Human Rights.
2.1.4. The Parliamentary Assembly of the Council of Europe
The Parliamentary Assembly of the Council of Europe (the Assembly), along with the Committee of
Ministers, form the statutory arms of the COE. The Assembly has adopted many recommendations and
resolutions regarding migrants, including in 2011, Recommendation 1985 on undocumented migrant
children in an irregular situation; Resolution 1821 on the interception and rescue at sea of asylum
seekers, refugees and irregular migrants; and Resolution 1811 on protecting migrant women in the
labour market.135
2.1.5. The Conference of International Non-Governmental Organizations
The Conference of International Non-Governmental Organizations (INGOs) enables the participation of
civil society in the decision-making structures of the COE. INGOs applying for participatory status “must
be particularly representative in the field(s) of their competence and at European level, share the Council
of Europe’s aims, and contribute actively to its work.”136
2.1.6. The Tampere Conclusions 1999
The European Council, which is composed of Heads of States and responsible for setting the policy
directions of the European Union (EU), has produced a policy declaration on the creation of a common
EU asylum and migration policy. This policy is embodied in the conclusions of the EU Council Summit
of 1999, known as the “Tampere Conclusions”, and is part of the broader goal of creating an area of
“freedom, security and justice”.137 It sets out a common approach to migration and asylum in the EU
addressing four areas of collaboration: a common European asylum system; country partnerships; fair
treatment of third country nationals (nationals from outside the EU); and migration management.
Paragraphs 18 and 21 of the Tampere Conclusions set out the policy of fair treatment of “third country
nationals” who legally reside or have legal long-term residency in EU Member States. “Third country
nationals” refers to nationals of countries who are not EU Member States, which includes certain
categories of migrant workers. Fair treatment means giving third county nationals rights “as near as
possible” to those enjoyed by EU citizens. The principle of “non-discrimination” should guide the
treatment of non-EU citizens in relation to their enjoyment of a broad range of economic, social, and
cultural rights.
2.2. The Inter-American human rights system
The Inter-American human rights system was established by the Organization of American States (OAS)
to protect and defend human rights in the Americas. There are 35 Member States of the OAS.138
The main human rights instruments of the Inter-American human rights system are the American
Declaration of the Rights and Duties of Man (1948) and the American Convention on Human Rights
134
“Commissioner for Human Rights: Mandate”; Council of Europe; see: www.coe.int/t/commissioner/Activities/mandate_en.asp.
135
To search adopted texts of the Assembly, see “Adopted Texts”; Parliamentary Assembly of the Council of Europe (PACE); http://
assembly.coe.int/ASP/Doc/XrefATListing_E.asp.
136
The Conference of International Nongovernmental Organisations of the Council of Europe: History, Structures, Projects;
Conference of INGOs of the Council of Europe; p. 1.
137
“Presidency Conclusions, Tampere European Council, 15 and16 October 2009: Introduction”; European Parliament; see: www.
europarl.europa.eu/summits/tam_en.htm.
138
At the time of writing, 24 of the 35 Organization of American States (OAS) Member States have ratified the American Convention
on Human Rights: Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El
Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay and
Venezuela.
56 | Chapter 5: Regional mechanisms for the promotion and protection of the rights of migrant workers