Rights of Migrant Workers

OAS, Washington, 6 March 2008OAS, Washington, 6 March 2008Armand F. Pereira Armand F. Pereira

and Piyasiri Wickramasekara,and Piyasiri Wickramasekara,

in collaboration within collaboration with

Kaat Landuyt, Riszard CholewinskiKaat Landuyt, Riszard Cholewinski Ibrahim Awad and Ibrahim Awad and Patrick Karan et al.Patrick Karan et al.

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Structure of presentationStructure of presentation UN and ILO roles and instrumentsUN and ILO roles and instruments DefinitionsDefinitions Instruments specific to migrant workers … Instruments specific to migrant workers … UN and ILO labour standardsUN and ILO labour standards

Core labour standardsCore labour standards Migrant worker standardsMigrant worker standards Other applicable standards Other applicable standards

Elements for a policy agenda beyond standardsElements for a policy agenda beyond standards Gaps and remediesGaps and remedies

ILC 2004 ResolutionILC 2004 Resolution ILO Multilateral framework on labour migrationILO Multilateral framework on labour migration

Key messagesKey messages Way forwardWay forward

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Structure/contents of ILO paperStructure/contents of ILO paper General context General context Protection central to the agendas of OASProtection central to the agendas of OAS Historical developments regarding rights of migrant workersHistorical developments regarding rights of migrant workers Three major international instruments Three major international instruments Key aspects of the three major Conventions Key aspects of the three major Conventions Principle of non-discrimination in application of human and labor rightsPrinciple of non-discrimination in application of human and labor rights Elements for a policy agenda Elements for a policy agenda ConclusionsConclusions

Annex 1: ILO’s International Labor Standards concerning migrant Annex 1: ILO’s International Labor Standards concerning migrant workers (lists of standardsworkers (lists of standards

and an annotated summary of ILO Conventions 97 and 143 and related and an annotated summary of ILO Conventions 97 and 143 and related Recommendations 86 and 151.Recommendations 86 and 151.

Annex 2: UN Standards related to migrant workersAnnex 2: UN Standards related to migrant workers Annex 3: Ratifications of international instruments on migration / migrant Annex 3: Ratifications of international instruments on migration / migrant

workers’ rightsworkers’ rights Annex 4: ILO’s International Labor Migration Program (MIGRANT)Annex 4: ILO’s International Labor Migration Program (MIGRANT)

44

Different levels of International, Different levels of International, regional and national instrumentsregional and national instruments

International labour law International labour law International human rights lawInternational human rights law International criminal lawInternational criminal lawRegional standardsRegional standards National lawNational law

55

ILO’s roleILO’s role ILO Constitution (principles of social justice; ILO Constitution (principles of social justice;

protecting persons in their working environment, protecting persons in their working environment, including those “in a country other than their own”)including those “in a country other than their own”)

Art. 427 of Treaty of Versailles, 1919Art. 427 of Treaty of Versailles, 1919 Preamble of ILO Constitution, 1919Preamble of ILO Constitution, 1919 Recommendation No. 2, 1919Recommendation No. 2, 1919 Declaration of Philadelphia, 1944Declaration of Philadelphia, 1944 Declaration on Fundamental Principles and Rights Declaration on Fundamental Principles and Rights

at work, 1998at work, 1998 Fundamental Conventions (a subset of Fund. HR)Fundamental Conventions (a subset of Fund. HR) Other conventions Other conventions Complaints based Supervisory Bodies (CFA, Complaints based Supervisory Bodies (CFA,

CEACR)CEACR)

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UN’s RoleUN’s Role

International human rights lawInternational human rights law International Bill of Human RightsInternational Bill of Human Rights Universal Declaration of HR 1948Universal Declaration of HR 1948 Covenant on Civil+Political Rights 1966Covenant on Civil+Political Rights 1966 Covenant on Economic, Social and Covenant on Economic, Social and

Cultural Rights 1966Cultural Rights 1966

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IHR law: key principlesIHR law: key principles Universal human rights instruments apply to Universal human rights instruments apply to

all persons irrespective of nationality and all persons irrespective of nationality and legal status: e.g. UDHR, ICCPR, ICESCR. Few legal status: e.g. UDHR, ICCPR, ICESCR. Few exceptions:exceptions: _ _ Political rightsPolitical rights _ _ Free movement within a country limited to Free movement within a country limited to

lawfully resident migrantslawfully resident migrants _ _ Limited procedural safeguards for irregular Limited procedural safeguards for irregular

migrants in the expulsionmigrants in the expulsion process (contrast Article 13 ICCPR with Article 22 process (contrast Article 13 ICCPR with Article 22

ICRMW)ICRMW) _ _ ICESCR applies to non-nationals, including ICESCR applies to non-nationals, including

irregular migrantsirregular migrants

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ILO Fundamental ConventionsILO Fundamental ConventionsILO Declaration on fundamental principles and rights at work and its follow-ILO Declaration on fundamental principles and rights at work and its follow-

up (1998)up (1998) Freedom of Association and the Protection Freedom of Association and the Protection

of the Right to Organize Convention, 1948 (No. 87)of the Right to Organize Convention, 1948 (No. 87) Right to Organize and Collective Bargaining Right to Organize and Collective Bargaining

Convention, 1949 (No. 98) Convention, 1949 (No. 98) Forced Labour Convention, 1930 (No. 29)Forced Labour Convention, 1930 (No. 29) Abolition of Forced Labour Convention, 1957 (No. 105)Abolition of Forced Labour Convention, 1957 (No. 105) Minimum Age Convention, 1973 (No. 138)Minimum Age Convention, 1973 (No. 138) Worst Forms of Child Labour Convention, 1999 (No. 182)Worst Forms of Child Labour Convention, 1999 (No. 182) Equal Remuneration Convention, 1951 (No.100)Equal Remuneration Convention, 1951 (No.100) Discrimination (Employment and Occupation) Convention, 1958 (No.111)Discrimination (Employment and Occupation) Convention, 1958 (No.111)

There are frequent violations of these standards even for workers in regular There are frequent violations of these standards even for workers in regular status.status.

99

Supervisory machinery and complaintsSupervisory machinery and complaints

procedures of ILO vs. UN Conventionsprocedures of ILO vs. UN Conventions ILO’s 8 Fundamental HR Conventions (Treaties): ILO’s 8 Fundamental HR Conventions (Treaties):

all Member States regardless of ratification have obligations all Member States regardless of ratification have obligations to make progress in application.to make progress in application.

All ILO Conventions are legally binding upon ratification.All ILO Conventions are legally binding upon ratification. Two supervisory bodies receive complaints from Two supervisory bodies receive complaints from

Constituents (Govt’s, Employers’ org’s, Workers’org’s) and Constituents (Govt’s, Employers’ org’s, Workers’org’s) and other organizations. Individual complaints are receivable if other organizations. Individual complaints are receivable if backed by ILO constituents.backed by ILO constituents.

UN’s 9 International HR Conventions (Treaties)UN’s 9 International HR Conventions (Treaties) Only 7 of the 9 Conv’s have monitoring bodies.Only 7 of the 9 Conv’s have monitoring bodies. Only 4 of these bodies (CCPR, CERD, CAT, CEDAW) can Only 4 of these bodies (CCPR, CERD, CAT, CEDAW) can

receive individual complaints (other bodies can handle state-receive individual complaints (other bodies can handle state-to-state complaints).to-state complaints).

The MW Convention has a provision for individual The MW Convention has a provision for individual complaints but it is not yet operative.complaints but it is not yet operative.

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MW: UN DefinitionMW: UN Definition

UN MW Convention 1990UN MW Convention 1990 ““For the purposes of the present Convention, For the purposes of the present Convention,

migrant workers and members of their families: migrant workers and members of their families: a. Are considered as documented or in a regular situation if a. Are considered as documented or in a regular situation if

they are authorized to enter, to stay and to engage in a they are authorized to enter, to stay and to engage in a remunerated activity in the State of employment pursuant to remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which the law of that State and to international agreements to which that State is a party; that State is a party;

b. Are considered as non-documented or in an irregular b. Are considered as non-documented or in an irregular situation if they do not comply with the conditions provided situation if they do not comply with the conditions provided for in subparagraph (a) of the present article.”for in subparagraph (a) of the present article.”

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MW: ILO definition E)Migrant worker in regular or lawful status: a person E)Migrant worker in regular or lawful status: a person

whowho (a)    has been granted the requisite authorizations in respect of departure (a)    has been granted the requisite authorizations in respect of departure

from his or her State of nationality or habitual residence and in respect of from his or her State of nationality or habitual residence and in respect of employment in another State where such authorizations are required, andemployment in another State where such authorizations are required, and

(b)    who complies with the procedural and substantive conditions to (b)    who complies with the procedural and substantive conditions to which his or her departure and employment in another State are subject.which his or her departure and employment in another State are subject.

(Im)Migrant worker in irregular or unlawful status :(Im)Migrant worker in irregular or unlawful status : a person whoa person who (a)   has not been granted an authorization of the State on whose territory (a)   has not been granted an authorization of the State on whose territory

he or she is present that is required by law in respect of entry, stay or he or she is present that is required by law in respect of entry, stay or employment, oremployment, or

(b)   who has failed to comply with the conditions to which his or her (b)   who has failed to comply with the conditions to which his or her entry, stay or employment is subject.entry, stay or employment is subject.

  Source: ILO Conventions 97 and 143; ILO Source: ILO Conventions 97 and 143; ILO paper, Symposium on paper, Symposium on

Undocumented/Irregular Migration, Bangkok, 1999, etc.Undocumented/Irregular Migration, Bangkok, 1999, etc.

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Why migrant workers need special protectionWhy migrant workers need special protection

International status; employed in countries International status; employed in countries other than their own; .other than their own; .

• Increasing mobility (28-29 million MW in OAS region Increasing mobility (28-29 million MW in OAS region by 2010;by 2010;

• Social justice considerationsSocial justice considerations• Migrants among particularly vulnerable groups of Migrants among particularly vulnerable groups of

workers: (identified as such in the ILO Constitution, workers: (identified as such in the ILO Constitution, the UN HR instruments, the 1998 ILO Declaration, the UN HR instruments, the 1998 ILO Declaration, etc. etc.

• « Decent Work  » for all workers including migrants – « Decent Work  » for all workers including migrants – IV Summit of the Americas (2005); ICLM (2004), ILO’s IV Summit of the Americas (2005); ICLM (2004), ILO’s Regional Conf. (2006); ECOSOC (2006-07).Regional Conf. (2006); ECOSOC (2006-07).

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International protection regimeInternational protection regime Migrant-specific instrumentsMigrant-specific instruments

International charter on labour migrationInternational charter on labour migration • the UN International Convention on the Protection of Rights of All the UN International Convention on the Protection of Rights of All

Migrant Workers and Members of Their Families, 1990. Migrant Workers and Members of Their Families, 1990. • the ILO Migrant Workers (Supplementary Provisions) the ILO Migrant Workers (Supplementary Provisions)

Convention, 1975 (No. 143)Convention, 1975 (No. 143)• the ILO Migration for Employment Convention of 1949 (No. 97).the ILO Migration for Employment Convention of 1949 (No. 97).

Instruments related and/or applicable to migrantsInstruments related and/or applicable to migrants UN Convention against Transnational Organized Crime, 2000UN Convention against Transnational Organized Crime, 2000

• Protocol to prevent, suppress and punish trafficking in persons, Protocol to prevent, suppress and punish trafficking in persons, especially women and children; especially women and children; • Protocol against the smuggling of migrants by land, sea and airProtocol against the smuggling of migrants by land, sea and air

Fundamental conventions of the ILOFundamental conventions of the ILO Other relevant ILO ConventionsOther relevant ILO Conventions Other UN general human rights instrumentsOther UN general human rights instruments

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Migrant-Specific ILO instrumentsMigrant-Specific ILO instruments

Migration for Employment Convention Migration for Employment Convention (Revised), 1949 (No. 97) (Revised), 1949 (No. 97) - - Migration for Migration for Employment Recommendation Employment Recommendation (Revised), 1949 (No. 86)(Revised), 1949 (No. 86)

Migrant Workers (Supplementary Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) Provisions) Convention, 1975 (No. 143) - - Migrant Workers Recommendation, Migrant Workers Recommendation, 1975 (No. 151) 1975 (No. 151)

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ILO Conventions on migrant workersILO Conventions on migrant workers C97 – applies only to those regularly admitted (excludes C97 – applies only to those regularly admitted (excludes

frontier workers, seafarers, short term liberal professionals)- frontier workers, seafarers, short term liberal professionals)- responding to post-war realities; ensuring adequate responding to post-war realities; ensuring adequate migration and employment policies; adequate information; .migration and employment policies; adequate information; .

C143- Deals with issue of bringing migration flows under C143- Deals with issue of bringing migration flows under control and hence eliminating irregular migration and control and hence eliminating irregular migration and suppressing activities of organizers of clandestine suppressing activities of organizers of clandestine movements of migrants movements of migrants

- 2 parts: States can opt to ratify Part I or Part II or both.- 2 parts: States can opt to ratify Part I or Part II or both. Part I (Articles 1-9) deals with problems arising out of clandestine Part I (Articles 1-9) deals with problems arising out of clandestine

migration / illegal employment of migrantsmigration / illegal employment of migrants Part II (Articles 10-14) substantially widens the scope of equality Part II (Articles 10-14) substantially widens the scope of equality

between migrant workers in a regular situation and nationals, in between migrant workers in a regular situation and nationals, in particular by extending it to equality of opportunity.particular by extending it to equality of opportunity.

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Ratifications of international instruments Ratifications of international instruments on migration / migrant workers’ rights (31on migration / migrant workers’ rights (31 Oct 2007) Oct 2007)

ILO Migration for Employment Convention No. 97 of 1949.ILO Migration for Employment Convention No. 97 of 1949. ILO Migrant Workers (Supplementary Provisions) Convention No. ILO Migrant Workers (Supplementary Provisions) Convention No.

143 of 1975.143 of 1975. UN Convention on the Protection of the Rights of All Migrant UN Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families of 1990. Workers and Members of Their Families of 1990.

Status (ratifications, signatories):Status (ratifications, signatories): ILO Convention 97: Ratif. 47; Americas: ILO Convention 97: Ratif. 47; Americas: 15 *15 * ILO Convention 143:ILO Convention 143: Ratif. 23; Americas: 1 (Venezuela) Ratif. 23; Americas: 1 (Venezuela) UN Convention, 1990: State Parties: 37 (Non-ratified signatories: UN Convention, 1990: State Parties: 37 (Non-ratified signatories:

14)14) (Americas: 13) (Americas: 13)

Summary:Summary: 54 States have ratified one or both of the ILO 54 States have ratified one or both of the ILO conventions. conventions.

78 States have ratified one or more of these three instruments.78 States have ratified one or more of these three instruments. * Argentina, Belize, Bolivia, Chile, Colombia, Ecuador, El Salvador, * Argentina, Belize, Bolivia, Chile, Colombia, Ecuador, El Salvador,

Guatemala, Honduras, Mexico, Nicaragua, Peru and UruguayGuatemala, Honduras, Mexico, Nicaragua, Peru and Uruguay

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Conv. 143 - Part I: ProvisionsConv. 143 - Part I: Provisions Respect basic human rights of Respect basic human rights of allall migrant workers – migrant workers –

Article 1.Article 1.

To determine and suppress clandestine movement and To determine and suppress clandestine movement and the illegal employment of migrant workersthe illegal employment of migrant workers

To punish the employers of such workers, organizers of To punish the employers of such workers, organizers of such movements and those assisting- such movements and those assisting- administrative, civil administrative, civil and penal sanctionsand penal sanctions including imprisonment including imprisonment

Protective measures for migrant workers who have lost Protective measures for migrant workers who have lost employment (against irregular status) or who are in an employment (against irregular status) or who are in an irregular situationirregular situation

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C 143: Part II - Equality of Oport + treatmentC 143: Part II - Equality of Oport + treatment

Equality of treatment for rights arising from Equality of treatment for rights arising from past employment regarding remuneration, past employment regarding remuneration, social security & other benefits. Art.9 (1)social security & other benefits. Art.9 (1)

Right to due process in respect of disputesRight to due process in respect of disputes Cost of expulsion not to be borne by the Cost of expulsion not to be borne by the

worker.worker. States are free to regularize such workers.States are free to regularize such workers.

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UN Migrant Workers ConventionUN Migrant Workers Convention Part III on the human rights of all migrant workers andPart III on the human rights of all migrant workers and members of their familiesmembers of their families Reiterates that fundamental civil and political rights and economic andReiterates that fundamental civil and political rights and economic and social rights apply to all migrantssocial rights apply to all migrants All migrant workers and their families to have equal treatment withAll migrant workers and their families to have equal treatment with nationals regarding following economic and social rights:nationals regarding following economic and social rights: _ _ Conditions of work /terms of employment (Article 25)Conditions of work /terms of employment (Article 25) _ _ Trade unions rights (Article 26) but no express right to form trade unionsTrade unions rights (Article 26) but no express right to form trade unions _ _ Social security (Article 27)Social security (Article 27) _ _ But linked to national legislation + applicable bilateral /multilateral treatiesBut linked to national legislation + applicable bilateral /multilateral treaties _ _ Emergency medical treatment (Article 28) cannot be refused because of Emergency medical treatment (Article 28) cannot be refused because of

irregularity of stay /employmentirregularity of stay /employment _ _ Access to education for migrant children (Article 30) cannot be refused Access to education for migrant children (Article 30) cannot be refused

because of irregularity of stay /employmentbecause of irregularity of stay /employment

Part III is also seen as a means of preventing irregular migrationPart III is also seen as a means of preventing irregular migration

2020

UN Migrant Workers ConventionUN Migrant Workers Convention

Part III is also seen as a means of preventing Part III is also seen as a means of preventing irregular migrationirregular migration

Part VI – promotion of sound, equitable, humane and Part VI – promotion of sound, equitable, humane and lawful conditions regarding international labour lawful conditions regarding international labour migration migration

State obligation to consult /cooperate to ensure State obligation to consult /cooperate to ensure labour migration takes place in humane and sound labour migration takes place in humane and sound conditionsconditions

Provisions for sanctions against smugglers, Provisions for sanctions against smugglers, traffickers and employerstraffickers and employers

Protection of the human rights of irregular migrants Protection of the human rights of irregular migrants

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Principle of non-discrimination in Principle of non-discrimination in the application of human and labor the application of human and labor

rights standardsrights standards

UN HR and ILO standards are applicable to ALL workers regardless of status unless otherwise specifed.UN HR and ILO standards are applicable to ALL workers regardless of status unless otherwise specifed.

UN HR Charter UN HR Charter ILO jurisprudence (CEACR)ILO jurisprudence (CEACR) ILCILC Inter-American court of HR, 17 Sep 2003Inter-American court of HR, 17 Sep 2003

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Other ILO Conventions especially relevant to Other ILO Conventions especially relevant to migrant workersmigrant workers

Safety and Health in Agriculture Convention, 2001 (No. 184). Safety and Health in Agriculture Convention, 2001 (No. 184). Private Employment Agencies Convention, 1997 (No. 181) Private Employment Agencies Convention, 1997 (No. 181) Protection of Wages Convention, 1949 (No. 95) Protection of Wages Convention, 1949 (No. 95) Working Conditions (Hotels +Rest) Conv, 1991, (No. 172) Working Conditions (Hotels +Rest) Conv, 1991, (No. 172) Labour Inspection Convention, 1947 (No. 81),Labour Inspection Convention, 1947 (No. 81), Plantations Convention, 1958 (No. 110)Plantations Convention, 1958 (No. 110) Equality of Treatment (Social Security) Conv, 1962 (No. 118)Equality of Treatment (Social Security) Conv, 1962 (No. 118) Maintenance of Social Security Rights Conv, 1982 (No. 157)Maintenance of Social Security Rights Conv, 1982 (No. 157) Employment Policy Convention, 1964 (No. 122). Employment Policy Convention, 1964 (No. 122). Minimum Wage Fixing Convention, 1970 (No. 131) Minimum Wage Fixing Convention, 1970 (No. 131) Occupational Safety and Health Convention, 1981 (No. 155), Occupational Safety and Health Convention, 1981 (No. 155), Occupational Health Services Convention, 1985 (No. 161), Occupational Health Services Convention, 1985 (No. 161), Safety and Health in Construction Conv, 1988 (No. 167) Safety and Health in Construction Conv, 1988 (No. 167)

(see ILO paper, ref ILO Multilateral Framework)(see ILO paper, ref ILO Multilateral Framework)

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Resolution on a fair deal for migrant Resolution on a fair deal for migrant workers in a global economyworkers in a global economy

ILO International Labour Conference 2004ILO International Labour Conference 2004 providing due consideration to the particular providing due consideration to the particular

problems faced by migrant workers in irregular problems faced by migrant workers in irregular status and the vulnerability of such workers to status and the vulnerability of such workers to abuse;abuse;

ensuring that the their human rights and ensuring that the their human rights and fundamental labour rights are effectively fundamental labour rights are effectively protected, and that they are not exploited or protected, and that they are not exploited or treated arbitrarily; treated arbitrarily;

following best practice guidelines on preventing following best practice guidelines on preventing and combating irregular labour migration and combating irregular labour migration including amnesties and regularisations to be including amnesties and regularisations to be developed. developed.

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ILO Multilateral framework on Labour ILO Multilateral framework on Labour MigrationMigration

Objectives: Better management of migration, Objectives: Better management of migration, protection of workers, and promoting migration-protection of workers, and promoting migration-development linkages development linkages

A framework of nonbinding guidelines and A framework of nonbinding guidelines and principles for policies based on best practices and principles for policies based on best practices and international standardsinternational standards..

Rights-based approachRights-based approach in accordance with international norms and principles, while in accordance with international norms and principles, while

recognizing sovereignty of States to determine their migration recognizing sovereignty of States to determine their migration policiespolicies..

15 broad principles and corresponding guidelines; 15 broad principles and corresponding guidelines; compilation of best practices (132 )compilation of best practices (132 )

A tool kit for guiding migration policies in countries.A tool kit for guiding migration policies in countries. Framework adopted by Meeting of Experts in Framework adopted by Meeting of Experts in

November 2005 November 2005 ( ILO Governing Body to approve it this month)( ILO Governing Body to approve it this month)

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Multilateral Framework-Principles Multilateral Framework-Principles relevant to irregular migrationrelevant to irregular migration

8. The human rights of all migrant workers, regardless of their status, should be 8. The human rights of all migrant workers, regardless of their status, should be promoted and protected. In particular, all migrant workers should benefit from the promoted and protected. In particular, all migrant workers should benefit from the principles and rights in the 1998 ILO Declaration on Fundamental Principles and principles and rights in the 1998 ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, which are reflected in the eight fundamental ILO Rights at Work and its Follow-up, which are reflected in the eight fundamental ILO Conventions, Conventions, and the relevant United Nations human rights Conventions.and the relevant United Nations human rights Conventions.

9. (a) All international labour standards apply to migrant workers, unless otherwise 9. (a) All international labour standards apply to migrant workers, unless otherwise stated. National laws and regulations concerning labour migration and the stated. National laws and regulations concerning labour migration and the protection of migrant workers should be guided by international labour standards protection of migrant workers should be guided by international labour standards and other relevant international and regional instruments.and other relevant international and regional instruments.

10. The rights of all migrant workers which are referred to in principles 8 and 9 of this 10. The rights of all migrant workers which are referred to in principles 8 and 9 of this Framework should be protected by the effective application and enforcement of Framework should be protected by the effective application and enforcement of national laws and regulations in accordance with international labour standards national laws and regulations in accordance with international labour standards and applicable regional instruments.and applicable regional instruments.

11. Governments should formulate and implement, in consultation with the social 11. Governments should formulate and implement, in consultation with the social partners, measures to prevent abusive practices, migrant smuggling and partners, measures to prevent abusive practices, migrant smuggling and trafficking in persons; they should also work towards preventing irregular labour trafficking in persons; they should also work towards preventing irregular labour migration.migration.

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Specific guidelines- MFWSpecific guidelines- MFW4.4. implementing policies that ensure that specific vulnerabilities faced by certain groups 4.4. implementing policies that ensure that specific vulnerabilities faced by certain groups

of migrant workers, including workers in an irregular situation, are addressed.of migrant workers, including workers in an irregular situation, are addressed.

8.1. governments should ensure that national laws and practice that promote and protect 8.1. governments should ensure that national laws and practice that promote and protect human rights apply to all migrant workers and that they are respected by all concerned;human rights apply to all migrant workers and that they are respected by all concerned;

8.4.2. protect migrant workers from conditions of forced labour, including debt bondage and 8.4.2. protect migrant workers from conditions of forced labour, including debt bondage and trafficking, particularly migrant workers in an irregular situation or other groups of trafficking, particularly migrant workers in an irregular situation or other groups of migrant workers who are particularly vulnerable to such conditions;migrant workers who are particularly vulnerable to such conditions;

9.2. adopting measures to ensure that all migrant workers benefit from the provisions of all relevant 9.2. adopting measures to ensure that all migrant workers benefit from the provisions of all relevant international labour standards in accordance with principles 8 and 9 of this framework;international labour standards in accordance with principles 8 and 9 of this framework;

9.5. adopting measures to ensure that all migrant workers, including those in an irregular 9.5. adopting measures to ensure that all migrant workers, including those in an irregular situation, who leave the country of employment are entitled to any outstanding situation, who leave the country of employment are entitled to any outstanding remuneration and benefits which may be due in respect of employment and as remuneration and benefits which may be due in respect of employment and as applicable are given a reasonable period of time to remain in the country to seek a applicable are given a reasonable period of time to remain in the country to seek a remedy for unpaid wages;remedy for unpaid wages;

9.9. entering into bilateral, regional or multilateral agreements to provide social security 9.9. entering into bilateral, regional or multilateral agreements to provide social security coverage and benefits, as well as portability of social security entitlements, to regular coverage and benefits, as well as portability of social security entitlements, to regular migrant workers and, as appropriate, to migrant workers in an irregular situationmigrant workers and, as appropriate, to migrant workers in an irregular situation

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MFW guidelines - MFW guidelines - continuedcontinued

10.5. providing for effective remedies to all migrant workers for violation of their 10.5. providing for effective remedies to all migrant workers for violation of their rights, and creating effective and accessible channels for all migrant rights, and creating effective and accessible channels for all migrant workers to lodge complaints and seek remedy without discrimination, workers to lodge complaints and seek remedy without discrimination, intimidation or retaliation;intimidation or retaliation;

11.1. adopting and implementing legislation and policies to prevent irregular 11.1. adopting and implementing legislation and policies to prevent irregular labour migration and eliminate abusive migration conditions, including the labour migration and eliminate abusive migration conditions, including the trafficking of men and women migrant workers;trafficking of men and women migrant workers;

11.3. implementing effective and accessible remedies for workers whose rights 11.3. implementing effective and accessible remedies for workers whose rights have been violated, regardless of their migration status, including remedies have been violated, regardless of their migration status, including remedies for breach of employment contracts, such as financial compensation;for breach of employment contracts, such as financial compensation;

11.4. imposing sanctions and penalties against individuals and entities 11.4. imposing sanctions and penalties against individuals and entities responsible for abusive practices against migrant workers;responsible for abusive practices against migrant workers;

14.4. establishing policies and mechanisms to allow migrant workers to improve 14.4. establishing policies and mechanisms to allow migrant workers to improve their legal status; 14.4. given the particular problems faced by irregular their legal status; 14.4. given the particular problems faced by irregular migrant workers or other vulnerable migrant workers as a result of their migrant workers or other vulnerable migrant workers as a result of their status, considering the implementation of policy options referred to in status, considering the implementation of policy options referred to in Convention No. 143 and its accompanying Recommendation No. 151;Convention No. 143 and its accompanying Recommendation No. 151;

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Key MessagesKey Messages Irregular migration cannot be discussed independently of regular Irregular migration cannot be discussed independently of regular

migration, and should be treated as part a broader labour market migration, and should be treated as part a broader labour market issue and not only as a legal and security issue.issue and not only as a legal and security issue.

Migration under irregular conditions exposes workers to worst forms of Migration under irregular conditions exposes workers to worst forms of abuse and exploitation, and such migration should be minimised.abuse and exploitation, and such migration should be minimised.

AAll of the ILO’s ll of the ILO’s instruments (instruments (ConventionsConventions, , RecommendationsRecommendations, codes , codes of practice)of practice) apply to both nationals and all migrant workers. apply to both nationals and all migrant workers.

Basic human rights and core labour rights of all migrant workers Basic human rights and core labour rights of all migrant workers including those in irregular status should be respected. ILO C143 and including those in irregular status should be respected. ILO C143 and the ILO Declaration.the ILO Declaration.

Standards are not enough: effective enforcement and access to Standards are not enough: effective enforcement and access to redress mechanisms are imperative.redress mechanisms are imperative.

All stakeholders – source and receiving country govts., social All stakeholders – source and receiving country govts., social partners, civil society, and migrants - need to cooperate in reducing partners, civil society, and migrants - need to cooperate in reducing irregular migration and ensuring protection of their rights.irregular migration and ensuring protection of their rights.

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Way forwardWay forward Rights-based ILO Multilateral framework is non-Rights-based ILO Multilateral framework is non-

binding; How to promote application of its binding; How to promote application of its principles and guidelines, especially in receiving principles and guidelines, especially in receiving countries? countries?

Strengthening cooperation between NGOs and Strengthening cooperation between NGOs and trade union movement in addressing problems of trade union movement in addressing problems of workers in irregular status.workers in irregular status.

Improving access to justice and redress Improving access to justice and redress mechanisms essential.mechanisms essential.

Addressing root causes; Reduce migration Addressing root causes; Reduce migration pressures in sending countries through creation pressures in sending countries through creation of decent work; address irregular employment of decent work; address irregular employment and undeclared work in receiving countriesand undeclared work in receiving countries ..