Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions In addition, the Convention identifies the specific rights of migrant workers at different stages of the labour migration process and also identifies the responsibilities of Governments in countries of origin, transit and destination (or employment). More detailed information about the Convention on Migrant Workers is available in Chapter 2. 4. ILO CONVENTIONS In addition to the international human rights treaties, the ILO has established a number of conventions that outline and protect the labour rights of migrant workers (see Chapter 4 for more information). In particular, the ILO has approved two major conventions specifically on the rights of migrant workers: • Migration for Employment Convention, 1949 (C-97) • Migrant Workers (Supplementary Provisions) Convention, 1975 (C-143). These conventions are supplemented by two (non-binding) ILO recommendations that provide further guidance on how the rights of migrant workers can be protected in practice: • Migration for Employment Recommendation (Revised), 1949 (R-86) • Migrant Workers Recommendation, 1975 (R-151). The Migration for Employment Convention deals with international migration for employment and focuses on the recruitment of migrants and conditions of work in the host country. Its major provisions include non-discrimination in wages, union activities and benefits and social security (article 6). The Annexes deal with private and public recruitment, stressing that there should be a no-fee public option, the need to provide contracts for prospective migrant workers and that “any person who promotes clandestine or illegal immigration shall be subject to appropriate penalties” (Annex II, article 13). The Migrant Workers (Supplementary Provisions) Convention is the first treaty to deal directly with the rights of migrants in irregular situations. It addresses in detail issues in relation to “migrations in abusive conditions” and the “promotion of equality of opportunity and treatment of migrant workers”. Article 2 requires each member State to “seek to determine whether there are illegally employed migrant workers on its territory” and article 6 calls for penalties against traffickers and for the illegal employment of migrant workers. Article 9 sets out requirements for “equality of treatment” in wages, social security and other benefits arising from the past employment of undocumented migrant workers. There are a number of other ILO conventions that also have great relevance for migrant workers. For example, the Domestic Workers Convention, 2011 (C-189) is the most recent ILO convention and is particularly relevant as many domestic workers are migrant women. 5. INTERNATIONAL STANDARDS AND THE OBLIGATIONS OF STATES 5.1. General obligations The UN Charter, the International Bill of Rights35 and the Vienna Declaration on Human Rights impose on States the responsibility to cooperate in the realization of all human rights. In addition, there is a broadly-accepted understanding that States have the obligation to respect rights and refrain from interfering with their enjoyment; to protect rights against violations, including through ensuring adequate and accessible avenues of redress when rights are violated; and to fulfil these rights by taking positive action, including through appropriate legislative and administrative action, policies and the allocation of resources.36 35 The International Bill of Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights and its two Optional Protocols. 36 “What are human rights”; OHCHR; see: www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx. 8 | Chapter 1: The international legal framework on the rights of migrant workers and members of their families