Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions These gatherings have highlighted a range of priority areas for legislative and policy reform to ensure that migrant workers, undocumented workers and migrants in an irregular situation are not excluded from national human rights protection systems. As the Seoul Statement notes: Migration policies of States need to be reoriented toward enabling protection of all migrant workers in order that they can contribute more effectively to society and the economy.165 The reforms NHRIs have agreed to advocate for are based on international human rights standards and the principles of equality and non-discrimination. They include: • strengthening national policies on the employment of migrant workers, including improved oversight and regulation of the activities of recruitment agencies, in conformity with international human rights standards • establishing minimum standards on working conditions and workplace policies, including safety and health, overtime and irregular hours, fair and adequate pay, clear information regarding work duties, reducing language barriers, respect for cultural and religious beliefs in the assignment of work duties and schedules, job termination and forceful dismissal • increasing penalties for violations of national labour and employment laws, or recruitment policies • establishing minimum standards for the living conditions associated with employer-supplied housing for migrant workers, and their families, where appropriate, including requirements for the provision of basic amenities, such as shelter, running water, heat and lighting • securing the application of domestic labour and employment laws to migrant workers in a manner equal to that of the national labour force, including the provision of medical services, participation in the national pension system, worker’s accident and disability compensation, the right to join and form unions and the right to legal remedies for unpaid wages • enhancing the right to change employer, especially in cases of exploitative or otherwise unjust working conditions • promoting the right of asylum seekers to support themselves through temporary employment or other adequate means of livelihood while awaiting determination of their status • ensuring the decriminalization of victims of smuggling and trafficking.166 NHRIs should also “contribute to creating, in reception countries, the conditions for family reunification of migrant workers and the free education of the children of migrants, in accordance with international human rights standards”167, such as the Convention on the Rights of the Child (see articles 10 and 28) and the International Covenant on Economic, Social and Cultural Rights (see article 13). There are a range of other areas where UN human rights treaty bodies, special procedure mandate holders, international organizations, trade unions and civil society groups have recommended the reform of laws, policies and practices to better promote and protect the rights of migrant workers. For example, public information campaigns and pre-departure orientation programmes are important strategies that can provide migrant workers, and those considering migrating for work, with reliable information that can assist them in making educated decisions. These programmes are particularly important to assist groups of migrant workers who are especially vulnerable to discrimination and exploitation, such as low-skilled workers and female domestic workers. 165 Seoul Statement; International Conference on Human Rights of Migrants and Multicultural Society; Seoul, Korea; 10–12 November 2008; para. 10. 166 Seoul Guidelines on the Cooperation of NHRIs for the Promotion and Protection of Human Rights of Migrants in Asia; International Conference on Human Rights of Migrants and Multicultural Society; Seoul, Korea; 10–12 November 2008; paras. 30-39. 167 Santa Cruz Declaration; 8th International Conference of National Institutions for the Promotion and Protection of Human Rights; Santa Cruz, Republic of Bolivia; 24–26 October 2006; para. 42. 68 | Chapter 6: Promoting reform of law, policy and practice