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Achieving Dignity. Campaigner's Handbook for the Migrants Rights Convention

Table of Contents

• Introduction
• Section I: The Need for an International Campaign for Migrants Rights
• Section II: International Standards: What They are and How They are Created
• Section III: Importance and Content of the Convention
• Section IV: Promoting the International Convention on the Protection of Rights for All Migrant Workers and Members of Their Families
• About This Publication

Produced by the International Migrants Rights Watch Committee. March 1998. All rights reserved.

 

 Introduction

This handbook is intended to provide background and orientation for those, including migrants themselves, who are willing to speak up and act to uphold the basic human rights of migrants.

It aims to help organizers take action to build local and national activities and campaigns to ensure that basic international human rights standards are implemented country by country to protect the lives and dignity of migrants.

The International Migrants Rights Watch Committee hopes that this handbook will provide a basic explanation of what international standards are, how they come into being, and how they may be promoted. It focuses on the 1990 International Convention on Protection of the Rights of All Migrant Workers and Members of Their Families. The handbook is intended to help the reader understand the content of the Convention and effectively promote its ratification. Thus, we hope that this booklet will be a tool and local action guide for a global campaign to bring this Convention into force.

There are four sections in the handbook. The first section provides an overview of what is happening to migrants. It summarizes global trends in the factors causing or compelling international migration, outlines current estimates of who and where they are, and highlights deterioration of treatment. The importance of defending migrants rights and dignity is emphasized, and the essential features of the campaign focusing on the 1990 Convention are outlined.

The second section offers background on what international human rights standards are and how they come into being. It describes how ratification of conventions works, and how standards are incorporated into national law.

The third section describes the significance and content of the 1990 Convention. It gives an overview of the particular rights of migrant workers and their family members, as well as the duties of sending, transit and receiving States prescribed in the Convention.

The fourth section is the organizer's guide to promoting the Convention. It suggests activity to publicize the existence of the Convention and steps to organize promotional activities. It emphasizes the importance of involving different sectors and building coalitions to include women's organizations, trade-unions, religious sectors, as well as human rights and migrant community groups. Ways to approach and lobby parliaments and other government bodies are outlined. It also provides brief descriptions of how to have input on State reports to international bodies, and how to participate in regional and global conferences and international networking.

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Section I

The Need for an International Campaign for Migrants Rights

The abuse of basic rights and human dignity suffered by migrants has become a global issue. Violence against migrants is too common an occurrence. The expression of xenophobic and racist sentiments against migrants, refugees and other foreigners has entered mainstream political and public discourse not only in most Western industrialized states, but also in many countries in Africa, Asia, the Caribbean, Eastern Europe and Latin America. Migrants have become the almost universal scapegoat for rising unemployment, crime, and a host of other social ills in many countries

Major Trends

Migration has been a permanent feature of human history. Several disturbing trends have come to characterize the large-scale global movements of people. They are leading to a qualitatively new reality of global human migration:

1. There are breakdowns of the economic, political, social and environmental situations that once allowed people to survive and remain in their traditional communities and countries.
2. Many wars are being waged today. They are mostly fought within States rather than between States. Political leaders are using religion and ethnicity to uphold narrow nationalistic goals which result in dividing pluralistic societies rather than uniting them.
3. Most migratory movements, including refugee flight, and most internal displacements are taking place in and to countries of the South, countries with the least resources to assist large numbers of uprooted people.
4. Migration is expanding within and between all regions of the globe during a period of growing worldwide economic distress.
5. There is a rise in racist and xenophobic hostility against refugees and immigrants. This hostility, often expressed in outright violence, is widespread in all regions of the globe.
6. Governments worldwide, led by those in countries of the industrialized North, are imposing restrictive immigration control and severe "deterrence measures" against the movement of people into or across their territories. At the same time, governments are cooperating to "harmonize" policies to control international migration.

The Dimensions of Forced Displacement

According to United Nations estimates, there are more than 120 million persons living in countries other than their own. This includes refugees, migrant workers, permanent immigrants and others.

The International Labour Office (ILO) notes, "countries' statistics are lamentably scarce in regard to international migration and they do not account for, or only barely, persons who are present without proper documentation." Their best estimates for the numbers of international migrants are thus:

Africa                                  16-20,000,000

Asia                                        6-9,000,000

Europe*                                   20,000,000

*(excluding ex-USSR/Yugoslavia)

North America                          17,000,000

South / Central America             12,000,000

West Asia (Arab States)            6-7,000,000

TOTAL                                  70-85,000,000[1]

13 million people are recognized as refugees by the United Nations High Commissioner for Refugees (UNHCR), as of early 1998.[2] These figures cited by the ILO and UNHCR, together with other categories of persons living outside their country of citizenship, account for nearly one in every 50 human beings. Women constitute nearly half of all migrants today.

There is no precise, internationally accepted legal definition of migrant. The category of international migrant is very broad. It is commonly understood to include people who cross borders to reside and work temporarily in other nations and those who emigrate to settle permanently in another country. Distinctions today between refugees, asylum-seekers, migrant workers and other migrants are increasingly blurred.

Motivations for Migration

To one degree or another, several major international institutions now recognize that many of today's international migrants - beyond those recognized as refugees - have been compelled to leave their homelands because of severe political, economic and social conditions. The World Council of Churches adopted the term "uprooted people" in 1995 to speak of "all those who are compelled by severe political, economic and social conditions to leave their land and their culture - regardless of the labels they are given by others." The WCC emphasizes that it believes many of the people crossing borders today are uprooted.

In a chapter on international migration in its final report, the International Conference on Population and Development, held in Cairo in 1994, highlighted a number of factors which compel people to migrate across national borders: "International economic imbalances, poverty and environmental degradation, combined with the absence of peace and security, human rights violations and the varying degrees of development of judicial and democratic institutions are all factors affecting international migration."

Considerable international migration occurs for other reasons. The globalization of economic activity has internationalized labor markets. International experience and training in foreign settings have become necessary for workers and professionals in many fields, such as telecommunications, marketing and hotel service. Increasing exchanges of personnel take place within transnational corporate enterprises.

Many countries remain dependent on migrant laborers and professionals to fill gaps in job markets, develop new areas of production or services, and maintain labor-intensive activity. In some countries, migrants supply a considerable portion of the domestic workforce. Many of these migrant workers and professionals have been encouraged, even recruited to come to other countries.

As the recent financial crisis across Asia has once again shown, such migrant laborers are among the most vulnerable of all. They are recruited by the hundreds of thousands to fill the dirty, dangerous and difficult jobs created by economic expansion. But when times of economic instability or transition arise, they are subject to expulsion and greater abuse.

No Human Being is "Illegal"

Migrants are becoming scapegoats for a host of social problems. A manifestation of the victimization of migrants is the widespread, official adoption of the term "illegal migrant" by governments and international conferences in the last two years. These two simple words criminalize and dehumanize human beings, making of them an antisocial "commodity".

Many migrants today are undocumented, out of status or "irregular." They have the responsibility to seek documented status and accept the restrictions of a fair migration policy, administered by the host state according to due process. States have the obligation to ensure protection of fundamental human rights of all persons on their territories, regardless of status

Defense of the basic human rights of any group in society, especially the most vulnerable, is defense of the rights of all. As history has shown, the denial of rights to one group becomes the first step and basis for imposing increasing restrictions on other groups.

The Absence of Protection

The widely accepted 1951 UN Convention Relating to the Status of Refugees (and its 1967 Protocol), ratified by 131 countries worldwide, provides that people have a right not to be returned to countries where they face individual persecution. This is referred to as the right to non-refoulement. The convention defines refugees as individuals who have a 'well founded fear of being persecuted' on various grounds. Countries which have ratified this convention have generally assured such refugees recognition of their status and a measure of protection for their human rights, as well as other assistance. Many African states have also ratified the Organisationof African Unity's 1969 Convention governing the specific aspects of refugee problems in Africa, which extends the definition of refugee to cover people who have fled their country 'owing to external aggression, occupation, foreign domination, or events seriously disturbing public order', but this more generous provision is not part of international law elsewhere in the world. People displaced by war are usually not recognized as refugees - though they may be given some other status under the national law of the country where they have sought refuge. Moreover, there are no international standards which specifically uphold the need for protection and assistance of people who have been forced to leave their homelands as a result of environmental, economic or social hardship. Indeed, it would be difficult to establish a measure of the type of life-threatening environmental, economic or social conditions that should require international protection for those escaping them. Even more difficult would be persuading governments to agree not to forcibly return individuals to such life-threatening conditions. Even the UN refugee convention only insists that refugees not be repatriated involuntarily; it does not oblige states to grant asylum to those who seek it.

As described later in this handbook, recognition emerged in the 1970's that special efforts, and a special convention, were needed to ensure protection of the basic human rights of migrants. These basic human rights were identified in drafting the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. This document in turn is based on the principles contained in such fundamental instruments as the Universal Declaration of Human Rights. While the Convention specifically addresses migrant workers, ratification and implementation of its provisions would provide a significant measure of protection for most other migrants in vulnerable situations. However, few countries have taken the necessary steps to adopt these standards by signing and ratifying or acceding to this Convention, thus incorporating its standards in national law.

Advocates of human rights and those who uphold the rule of law as essential foundations for democratic society recognize that protection of rights must be universal. Recognition of rising hostility and attacks on migrants, together with the need to uphold basic human rights standards, has led the International Migrants Rights Watch Committee to initiate a global campaign to bring into force this Convention. Ratification or accession by 20 states is required for this instrument to "enter into force," in other words, to become operative and part of international law. It may then be used as an authoritative standard of good practice, and thus may exercise strong persuasive power over non-party States as well, even though they have not agreed to be bound by its standards.

The Convention Campaign

Governments need to be convinced that ratification of the Convention is necessary. This will only be achieved by building awareness and expressing popular concern about the Convention to government officials, diplomats, politicians, and the public-at-large nationally and internationally. The campaign is an intentional effort to build coordinated, interrelated activities to promote the ratification of, or accession to, the Convention by a large number of States. Widespread ratification of this International Convention can only be achieved through a campaign conducted cooperatively by representatives of governments, intergovernmental organizations (IGOs), national and international non-governmental organizations (NGOs), foundations and grass-roots organizations. A formal campaign steering committee has been convened to generate basic campaign strategies and materials.

Campaigning for ratification entails political advocacy and awareness-building elements. Both elements are directed to the same end - to build endorsement of the Convention from a broad cross-section of society, including public officials, political parties, trade unions, religious groups, human rights bodies, migrant groups, women's organizations and others.

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Section II

International Standards: What They are and How They are Created

The central notion of human rights is "the implicit assertion that certain principles are true and valid for all peoples, in all societies, under all conditions of economic, political, ethnic and cultural life.. Further, human rights impliesthat these principles are somehow present in the very fact of our common humanity..."[3]The notion places on individuals, every organ of society, and especially the State, responsibility for respecting and protecting these principles with regard to each and every human being.

This notion recognizes a fundamental relationship between individual rights and society. As the Universal Declaration of Human rights begins, "...recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world."

Human rights standards are laid out in declarations and proclamations, conventions, and covenants. Declarations and proclamations are statements identifying and describing human rights. Important statements on both universal and very specific human rights have been made by the United Nations General Assembly, international intergovernmental conferences, and regional bodies. Such instruments are normative but have no legal effect. Conventions and covenants, by contrast, are normative instruments that elaborate standards which are legally binding upon the States that ratify or accede to those instruments.

All of these types of treaties are commonly referred to as human rights "instruments". These instruments are statements of the minimum legal principles upon which States are able to agree. They are the basic standards to which States should comply. States may compliment the incorporation of these fundamental standards in their national laws with additional laws and procedures that will further define and protect human rights in their jurisdiction.

History of Human Rights Standards

The most fundamental instrument is the Universal Declaration of Human Rights, created shortly after the founding of the United Nations. This Declaration (adopted in 1948) secured human rights as basic components of international law. It contains human rights standards evolved over many decades, growing out of efforts beginning in the 19th century to establish common codes for relations among States.

The process of establishing international standards on human rights accelerated after the horrors of World War II. The 1950s through the 1980s saw a constant expansion and extension of human rights standards. Treaties were written covering a wide range of specific issues, including the right of self-determination, prevention of discrimination, war crimes and crimes against humanity, slavery and forced labor, treatment of prisoners and prevention of torture, nationality and refugee status, freedom of information, rights of women, children and other specific groups, and social welfare. There are now more than 90 different international treaties in the arena of human rights.

In a parallel field, the development of strong labor movements in many countries helped prompt the formation of the International LabourOrganization (ILO) in 1926. That body is responsible for developing a range of international agreements to provide minimum common standards for treatment of workers, workplace conditions, protection of organizing rights, and so on.

Two major covenants covering the broad definitions of political and civil rights, and social, economic and cultural rights were adopted in the mid-1960s.[4]Together with the Universal Declaration, they are sometimes referred to as the "International Bill of Human Rights."

The World Conference on Human Rights held in Vienna in 1993 culminated this period of expansion and extension of human rights protection. The Vienna Declaration and Plan of Action adopted by representatives of virtually all the governments of the world underlined the universality and the indivisibility of human rights. It affirms that the rights laid out in the various instruments apply to everyone, everywhere, and that political and civil rights are inseparable from social, economic and cultural rights.

That conference identified seven major human rights instruments as fundamental treaties, for which ratification and implementation must be universal. These include the two covenants referred to above, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

All of these standards are intended to serve as the basis for creation of relevant national law and jurisprudence in all countries. Ratification or accession to a treaty by a nation-state is an expression of commitment to bring national law into compliance with the legal standards set out in that treaty.

How Standards Are Developed

Treaties and other standards generally come into being at the initiative of one or, more usually, several concerned States that call for drafting a standard in relevant UN fora. A number of treaties have come out of recommendations first declared in the UN Commission on Human Rights; some are made directly in the General Assembly.

The Commission on Human Rights is the principle subsidiary body of the Economic and Social Council (ECOSOC), comprised of delegates of a large number of UN member States. Its annual six-week sessions in Geneva serve as a forum for hearing concerns from governments and non-governmental organizations relative to human rights violations around the world, and for preparing recommendations to the UN for responses.

The General Assembly is the main deliberative and policy setting body for the UN; all member States have voice and vote in it. It meets annually in New York for sessions which continue over nearly two months.

Many initiatives by concerned States in these UN fora have been encouraged by non-governmental bodies bringing attention to particular types of abuse of rights for which no existing standard provides adequate protection.

Of course, some States have found the promotion of particular human rights standards a convenient political tool to criticize the behavior and conditions in other States ruled by political or ideological opponents. During the cold war, debates over human rights were major features of international discourse and propaganda. For example, Western capitalist countries strongly promoted political and civil rights and condemned countries ruled by socialist and totalitarian regimes for suppressing or denying those rights. In contrast, countries of the socialist block claimed to uphold economic and social rights, and condemned western countries for lack of interest in these rights and their denial in colonies or client states supported by them. Even this biased attention has served in the past to promote human rights standards by giving wide visibility to the notion and issues of human rights.

Once promoters get the approval of the UN General Assembly for the creation of a new instrument, an intergovernmental working group or drafting group is appointed. Such groups normally include participation by States from all regions. They are usually led by representatives of governments seeking to promote the new standards.

However, countries that opposed such standards, or supported them with major reservations, often also secure themselves a seat on the drafting committee to ensure that whatever draft is eventually produced is not too radical. Other times, it is simply to try to slow or block the achievement of a text which the drafting group might otherwise adopt by consensus.

Some treaties have taken many years to come into being. The 1990 Convention on migrants rights took ten years of work and negotiations after the working group was established in 1980.

Drafting groups generally study existing standards to draw on what may be relevant, comparable or applicable. They also often draw on expertise of independent legal and human rights organizations, including non-governmental bodies with competence in the field. For example, the Drafting Committee for the Convention on the Rights of the Child utilized draft concepts and language submitted by numerous child welfare and children's rights organizations.

How Treaties Become International Law: Signing, Ratifying, Acceding

Once the drafting group agrees on a consensus text, it is submitted to the UN General Assembly for adoption, either by vote or consensus. Adoption of an international instrument is only the first, and often easiest, step in achieving its purpose of becoming an instrument of international law.[5]In the global public forum of the General Assembly, few States will object to adoption of standards, since adoption by the General Assembly carries no binding commitment for individual States. To object to consensus or vote against would be to stand out as opposing human rights. States seldom view this as a productive diplomatic stance.

Any treaty must be agreed to formally by a minimum number of States before it is binding even upon those signatory States and becomes authoritative as an international standard. Even then, it is binding for international complaints only on those States which do formally agree to incorporate its standards.

By formally agreeing to a treaty, a State agrees to incorporate and be accountable to its standards. Such agreement can be made in two formal steps or all in one. A State may sign a treaty, which may be considered an expression of intent to adhere to it. This is usually done by the executive branch of government.

Ratification of a treaty generally requires the action of the legislative or lawmaking branch of government. It is a formal agreement to the text of the treaty and to adopt its standards as national law. If necessary, a government may indicate the steps that will be taken to bring national law into compliance with the treaty.

A State may also proceed directly to accede to a treaty without the preliminary signing, by taking the necessary legislative action to adopt the treaty. By ratifying or acceding, a State becomes a State Party to the treaty.

The national incorporation of standards is the most significant value of international human rights treaties. It establishes minimum acceptable standards for national law and policy. It assists States in developing their own law and jurisprudence by providing a well-developed set of standards, definitions and even specific legal language, with which national laws may be elaborated.

When a Treaty Comes Into Force

A treaty usually requires a minimum number of States to ratify or accede to it before it "enters into forces" and becomes operational. This minimum number is usually set out in the treaty itself. It may vary: 20 States are required as the minimum number for the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; some treaties have specified as many as 40.

When a treaty enters into force, it becomes binding on those States that have ratified or acceded to it. Formal complaints may be brought internationally against a State Party to the treaty, although officially sometimes only by another State Party to the same treaty.

States may ratify a treaty with "reservations," stating that they consider certain specified passages or articles in the instrument non-applicable or non-binding in their case. Some States do so, arguing that certain articles do not apply to their reality. However, in some cases, governments have placed reservations on key operative articles or principles. In so doing, they undermine implementation of its intent while appearing to adopt it.

Most major treaties establish formal "treaty bodies" or committees for purposes of reviewing implementation, monitoring compliance, and/or hearing complaints regarding the provisions of the treaty. These committees are generally named from among persons nominated by governments of States Parties to the treaty. Most treaty bodies are mandated to report annually to the UN General Assembly through the Secretary General.

A number of treaties stipulate that States Parties are to provide regular reports to the respective Committees on legislative, judicial, administrative or other measures taken to implement the treaty, and how problems arising from issues of the treaty are dealt with. For example, States Parties to the International Convention on the Elimination of All Forms of Racial Discrimination are expected to prepare reports every two years. Some governments allow, even encourage, public or non-governmental contributions towards their reports. The treaty bodies also may receive reports and documentation submitted directly by non-governmental sources.

Some treaties also spell out specific procedures by which formal complaints may be registered against a state party which violates the terms of that instrument. Procedures for reviewing and attempting to resolve complaints and disputes regarding compliance with treaty standards are generally stipulated as well.

Many Other Values of Treaties

Treaties have many other values and uses independent of whether they have "entered into force." This is often particularly so in countries which may refuse to ratify precisely because of problems or abuse.

Domestic jurisprudence in a number of countries has allowed international treaties to be cited in legal complaints and court proceedings even when that country has not ratified or acceded to the particular treaty.

The very existence of a treaty, such as the one against torture, has been a very powerful information and pressure tool in international foraagainst governments that insist on continuing such practices. International standards have a powerful moral value, which also aids proponents of better standards or opponents of abuse of human rights in domestic public, press and parliamentary debates.

International standards serve as a useful guide and sometimes effective stimulus in the development of specific legislation incorporating some of the standards, even if a government is unwilling or unable to incorporate the entire content, and thus resists ratifying or acceding.

International standards may be valuable organizing tools for groups or communities of affected people. For marginalized, excluded and often disempowered groups such as migrants, the existence of a treaty defining their rights affirms that they exist, they are recognized and they have rights.

This alone can be very empowering. It assists in upholding and restoring a sense of dignity to affected individuals. It can motivate organizing and collective action by confirming international recognition and support for their situation. Campaigning for local recognition of those rights can also be a specific rallying point around which to build self-help organization, and cooperation with other concerned groups and sectors.

Building cooperation and action around promotion of migrantsrights has been a key element in developing a number of organizations of migrant workers in Asian and European countries. It has facilitated the formation of a Migrant's Forum in Asia, bringing together local and national groups of migrant workers across very diverse nationalities and experiences. Campaigning for migrants rights has done so precisely because it offers a common focus of direct self-interest and self-defense for migrants.

Campaigning for the Convention offers options for immediate and practical activities, which may incorporate people and groups across major differences of nationality, language, culture and even social class. It also offers a clear basis for alliances with domestic groups concerned about human and civil rights, trade union and workplace standard protections, religious groups and others.

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Section III

Importance and Content of the Convention

Why is the Convention Important?

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families breaks new ground by extending protection for migrant workers and members of their families world-wide. It also goes beyond simply applying existing human rights legislation to a specific category of individuals.

The Convention advances how the international community conceives of the application of human rights in its provisions for "equality of treatment" between women and men migrant workers, between documented and undocumented workers, and between nationals and non-nationals.

Its importance may be highlighted by these 10 points:

1. The Convention recognizes the critical role which the migration of workers plays in the global economy. This affects a host of political, social, economic, ethical and legal issues for millions of individuals and numerous States which cannot be ignored. Yet migrant workers remain a largely unprotected group in the international community.

2. Today, migrant workers and their families are often disregarded by their countries of origin, exploited by individuals, and have limited rights in States of employment where they are non-nationals. The Convention identifies migrant workers and members of their families as vulnerable persons in a global situation who are in need of the protection of their human rights and are entitled to the enjoyment of such rights regardless of their legal status. It extends human rights law to a specific category of individuals who currently lack protection. Its provisions would extend a measure of human rights protection to other categories of vulnerable migrants as well.

3. The Convention is the most comprehensive international instrument to date on migrant workers. It provides a set of international standards to address (a) the treatment, welfare and rights of migrant workers and members of their families and (b) the obligations and responsibilities of States involved. These include sending States, States of transit, and host States, all of which benefit from the international migration of workers. Bilateral and regional agreements are important, but insufficient in addressing this global matter.

4. The global community has for the first time an international definition of migrant worker, one which recognizes both men and women as migrants. The Convention also provides definitions of certain categories of migrant workers that are applicable to every region of the world.

5. Migrant workers are considered more than laborers or economic entities. They are social entities with families. The Convention recognizes that they have rights accordingly, including that of family reunification.

6. The Convention emphasizes that all migrant workers, whether in a documented or undocumented situation, are to be accorded fundamental human rights. It is inclusive of all migrant workers regardless of their legal status, but encourages their being in a documented or regular situation. It encourages all workers and employers to respect and comply with the laws and procedures of the States concerned.

7. The Convention also extends the concept of "equality of treatment" by calling for migrant workers and members of their families who are non-nationals in States of employment to be treated equally to nationals in certain situations. It thus reinforces the indivisibility of human rights regardless of nationality and national borders. Non-nationals, however, are not to have more rights than nationals.

8. It seeks to establish minimum standards of protection in legal, political, economic, civil, social and cultural rights for migrant workers and members of their families which are universally acknowledged, while enabling States that desire so to provide additional protection in specific areas. Hence it also seeks to address those States that lack national standards of human rights protection and encourages them to bring their legislation in closer harmony with universal standards set forth in the Convention. States retain their right to determine who is admitted to their countries and their terms of residency.

9. Overall, the Convention seeks to play a role in preventing and eliminating the exploitation of all migrant workers and members of their families throughout the entire migration process. In particular, it seeks to put an end to the illegal or clandestine recruitment and trafficking of migrant workers and to discourage the employment of migrant workers in an irregular or undocumented situation.

10. Finally, the Convention establishes mechanisms for its implementation which provide new opportunities for increased participation from the global community to protect the rights of migrant workers and their families, especially NGOs and individuals.

Highlights of the Convention

Scope and Definitions

• What Extent of the Migration Experience Does the Convention Cover?

The Convention applies to the entire migration process of migrant workers and members of their families. It extends them rights and protection at all stages: preparation, recruitment, departure and transit; stay in States of employment; and their return to and resettlement in original homelands or States of residence (Art. 1).

• Who is a Migrant Worker? How Do Migrant Workers Differ From Other Migrants?

Not all migrants are migrant workers. For the first time in an international instrument, the Convention provides a definition of a migrant worker centered on engagement in a "remunerated activity." This definition is broad and includes protection those who are planning to become migrant workers, actually working outside their own country, or ending work abroad and returning to their homelands.

It states, "The term 'migrant worker' refers to a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national" (Art. 2). Because each type of migrant has distinct issues, those who migrate as political refugees, employees of a State, students, investors, and so on should not be confused with migrant workers and their specific needs and concerns.

The Convention also recognizes the importance of women as migrant workers in their own right in the definition of migrant worker. Reference is made throughout the Convention to ensure the full applicability of human rights legislation to female as well as male migrant workers and members of their families.

• Are All Migrant Workers the Same?

In addition to a general definition of migrant worker status, the Convention recognizes the complexity of the migrant worker situation in the contemporary world. It also provides definitions for specific categories of migrant workers, such as "frontier worker," "seasonal worker," "project-tied worker," and "self-employed worker (Art. 2)." The "self-employed worker" category recognizes the large number of migrant workers who operate a small family business by themselves or with other family members. Part V of the Convention elaborates which rights are to apply to which categories of migrant workers and members of the families.

• Why Are Family Members Included in the Convention? Who is a Family Member of a Migrant Worker?

In a forward step in human rights legislation, the Convention considers migrant workers social entities as well as economic entities and favors the reunification of families of migrant workers.

It defines "members of the family" as "persons married to migrant workers or having with them a relationship that, according to applicable law, produces effects equivalent to marriage," and their dependants as recognized by the legislation of States concerned (Art. 4). This terminology takes into consideration the different forms of family relations globally. It also elaborates rights and protection to family members in a range of situations, especially in the host country with the migrant workers.

• Does the Convention Exclude Anyone?

For those who meet the definition of migrant worker and member of the family, the Convention has a nondiscrimination article and rejects distinctions of any kind such as sex, race, color, language, religion, political conviction, nationality, age, economic position, property, marital status, birth or other status (Art. 7).

Rights of Migrant Workers and Members of Their Families [6]

The Convention defines the rights of migrant workers under two main headings: the human rights of migrant workers and members of their families (Part III) and other rights of migrant workers (Part IV). The human rights are applicable to all migrant workers irrespective of their legal status while the other rights are applicable only to migrant workers in a regular situation. However, the Convention does not exclude illegal workers. It contains provisions for the just treatment of illegal workers.

Human Rights of Migrant Workers and Members of Their Families

The Convention is not proposing new human rights exclusively for migrant workers. Part III of the Convention is a reiteration of the basic rights which are enshrined in the Universal Declaration of Human Rights and elaborated in the international human rights treaties now adopted by many nations.

Why are they then repeated here? The Convention seeks to draw the attention of the international community to the dehumanization of migrant workers and members of their families, many of whom are deprived of their basic human rights. Indeed, legislation implementing other basic treaties in some States utilizes terminology covering citizens and/or residents, de juraexcluding many migrants, especially those in irregular situations.

-        Basic Freedoms

Applying these fundamental rights to migrant workers and members of their families, the Convention provides for their right to leave and enter the State of origin (Art. I). The inhumane living and working conditions and physical (and sexual) abuse that many migrant workers must endure are covered by the reaffirmation of their right to life (Art. 9) and prohibition against cruel, inhuman or degrading treatment of punishment (Art. 10) as well as slavery or servitude and forced or compulsory labor (Art. 11).

Migrant workers are also entitled to basic freedoms like the freedom of thought, conscience and religion (Art. 12), and the right to hold and express opinions (Art. 13). Their property should not be confiscated arbitrarily (Art. 15).

-        Due Process

The Convention then goes on to explain in detail the need to ensure due process for migrant workers and members of their families (Art. 16 - 20). Investigations, arrests and detentions are to be carried out in accordance with established procedures. Their right to equality with nationals of the State before the courts and tribunals must be respected. They must be provided with necessary legal assistance, interpreters and information in a language understood by them. When imposing a sentence, humanitarian considerations regarding the person's migrant status should be taken into account. The arbitrary expulsion of migrant workers is prohibited (Art. 22).

-        Right to Privacy

A migrant worker is entitled to his or her honor and reputation and also to privacy, which extends to one's home, family and all communications (Art. 14).

-        Equality with Nationals

Migrant workers are to be treated as equal to the nationals of the host country in respect of remuneration and conditions of work [overtime, hours of work, weekly rest, holidays with pay, safety, health, termination of work contract, minimum age, restrictions on home work, etc. (Art. 25)].

Equality with nationals extends also to social security benefits (Art. 27) and emergency medical care (Art. 28).

-        Transfer of Earnings

On completion of their term of employment, migrant workers have the right to transfer their earnings and savings as well as their personal effects and belongings (Art. 32).

-        Right to Information

They have the right to be informed by the States concerned about theirrights arising from the present Convention as well as the conditions of their admission, and their rights and obligations in those States. Such information should be made available to migrant workers free of charge and in a language understood by them (Art. 33).

Other Rights of Migrant Workers and Members of Their Families Who Are Documented or in a Regular Situation

By providing for additional rights for migrant workers and members of their families in a regular situation, the Convention seeks to discourage illegal labor migration. Improvements in the situation of legal migrant workers would be an incentive for persons seeking overseas employment to enter the overseas labor market legally.

-        Right to be Temporarily Absent

Migrant workers should be allowed to be temporarily absent, for reasons of family needs and obligations, without effect on their authorization to stay or work.

-        Freedom of Movement

They have the right to move freely in the territory of the State of employment and also to choose where they wish to reside (Art. 39).

-        Equality with Nationals for Access to Educational, Vocational and Social Services

In addition to the areas mentioned in Article 25, migrant workers and members of their families shall enjoy equality with nationals of the State of employment in the following areas: access to education, vocational guidance and placement services, vocational training, retraining, housing including social housing schemes, protection against exploitation in respect of rents, social and health services, cooperatives and self-managed enterprises, access to and participation in cultural life (Art. 43). Members of the families of migrant workers also shall enjoy equality with national of States of employment in having access to these services (Art. 45).

Migrant workers shall enjoy equality of treatment in respect of protection against dismissal, unemployment benefits, access to public work schemes intended to combat unemployment and access to alternative employment in the event of loss of work or termination of other remunerated activity (Art. 54).

-        Employment Contract Violations

When work contracts are violated by the employer, the migrant worker has the right to address his or her case to the competent authorities inthe State of employment (Art. 54 (d)). And they shall have the right to equal treatment with nationals and be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law (Art. 18.1).

Rights of Irregular ('Illegal') Workers

The Convention recognizes that "the human problems involved in migration are even more serious in the case of irregular migration" and the need to encourage appropriate action "to prevent and eliminate clandestine movements and trafficking in migrant workers, while at the same time assuring the protection of their fundamental rights" (Preamble).

As measures for preventing and eliminating illegal labor migration, the Convention proposes that the States concerned should collaborate in taking appropriate actions against the dissemination of misleading information relating to emigration and immigration, to detect and eradicate illegal or clandestine movements of migrant workers and impose sanctions on those who are responsible for organizing and operating such movements as well as employers of illegal migrant workers (Art. 68). However, the fundamental rights of undocumented migrant workers are protected by the Convention (Art. 8 - 35).

Duties of All State Parties

Just as in the case of other international instruments, the successful implementation of the Convention hinges on the political will of the States concerned. The United Nations Organization does not have the power to enforce it in the territories of its member States. The UN system can only set standards and establish policy-making or monitoring bodies, such as the UN Commission on Human Rights and the respective treaty bodies.

Once a State ratifies the Convention, it undertakes not only to reaffirm these underlying principles, but also to put its provisions into practice. First, the provisions have to be integrated into national law so that they become legally binding within the State. Then, there are certain practical measures which both sending and receiving States are required to undertake, individually or in cooperation with each other.

-        Nondiscrimination

Both sending and receiving States are obliged to be nondiscriminatory in enabling migrant workers and members of their families within their territories or jurisdiction to enjoy the rights set forth in the Convention (Art. 7). Nondiscrimination extends to migrant workers' sex, race, nationality, color, language, religion as well as to one's convictions, age, economic position, property, marital status, etc.

-        Promotion of Sound, Equitable, Humane and Lawful Conditions in Connection with International Migration of Workers and Members of Their Families

States concerned are required to consult and collaborate with one another to ensure better living and working conditions for migrant workers and their families. Account must also be taken of their social economic, cultural and other needs as well as impact of migration on the communities concerned (Art. 64).

Appropriate services must be maintained by the States concerned for:

·theformulation and implementation of migration policies;

·the exchange of information, consultation and cooperation between competent authorities of States concerned;

·the provision of appropriate information to employers and workers on policies and laws concerning migration;

·the provision of adequate consular services to meet the social, cultural and other needs of migrants;

·the regulation of recruitment of migrant workers by restricting it to public services or bodies of the States concerned and through private agencies and employers and their agents, subject to authorization, approval and supervision (Art. 65 & 66).

States concerned are required to consult and collaborate in preventing and eliminating illegal and clandestine movements of labor by:

·taking appropriate measures against the dissemination of misleading information relating to emigration and immigration;

·taking appropriate measures to detect and eradicate illegal labor migration;

·imposing sanctions on persons and entities, including employers, who are responsible for illegal movements of migrant workers (Art. 68).

States concerned shall take necessary measures, not less favorable than those applied to nationals, to ensure that migrant workers and members of their families are provided with working and living conditions in keeping with standards of fitness, safety, health and human dignity (Art. 70).

-        Provision of Information

If migrant workers are to benefit from the provisions of the Convention, they must know what it is all about. All other rights depend on their right to adequate, relevant and factual information. Hence, the sending and receiving countries are required to provide information to migrant workers regarding the rights arising from the Convention (Art. 33).

Moreover, the sending and receiving States are also obliged to provide information to migrant workers, before their departure or entry into a receiving State,about the following: applicable conditions of their admission, stay and employment; rights and duties under the law in the receiving State: other matters that will facilitate their compliance with the requirements in the receiving country; competent authority to whom recourse may be made for any change of these conditions (cf. also Art. 37).

Provision of relevant information to migrant workers should be free of charge and in a language understood by them.

Such information should be disseminated to others involved in the migration process as well: employers, trade unions and other relevant institutions and organizations.

-        Institutions to Address the Needs of Migrant Workers

States concerned must establish institutions for the purpose of taking into account the special needs, aspirations and obligations of migrant workers and enable them to be represented in these institutions (Art. 41).

-        Remittances, and Tax and Customs Duty Exemptions

The States concerned must permit and facilitate the transfer of the migrant workers' earnings and savings to their States of origin (Art. 47).

Migrant workers and members of their families should not be made to pay taxes higher than those imposed on nationals. They shall enjoy equality with other nationals in the States concerned in regard to tax deductions and allowances. States should also consider the possibility of avoiding double taxation for migrant workers (Art. 48).

The States concerned must consider the possibility of granting exemptions of migrant workers and members of their families from customs duties and taxes on their personal and household effects and equipment required for the remunerated activity in the State of employment (Art. 46).

Duties Particular to Sending Countries

-        Emigration of Workers

Persons seeking employment abroad should be allowed to leave and enter the country of origin (Art. 8).

-        Pre-Departure Information

Before the departure of workers and members of their families to the States of employment, they must be fully informed of all conditions applicable to their admission, stay and employment as well as other requirements (Art. 37).

-        Exercise of Political Rights of Migrants

States of origin must facilitate the exercise of the right of migrant workers and members of their families to participate in public affairs, vote and be elected in elections in their home countries. (Art. 41).

-        Provision of Adequate Consular Services

Sending States should provide adequate consular and other services required to meet the social economic, cultural and other needs of their migrantworkers and members of their families (Art. 65.2).

-        Regulation of Recruitment

Recruitment of workers for overseas employment should be regulated by restricting it to public services or bodies of the sending State. Recruitment by agencies, employers and their agents should be subject to authorization, approval and supervision (Ar. 66).

-        Resettlement of Migrant Workers

Migrant workers and members of their families, including illegal migrants, must be assisted to make an orderly return to their home countries. The States of origin must take appropriate measures to promote adequate economic conditions for their resettlement, and social and cultural reintegration (Art. 67).

Duties Particular to States of Employment

-        Liberty and Security of Persons

Migrant workers and their families, including those arrested or detained, must be given protection against violence and other forms of harassment by private individuals, public officials, groups or institutions (Art. 16 and 17).

-        Working and Living Conditions

Working and living conditions of migrant workers must be in keeping with the standards of fitness, safety, health and principles of human dignity (Art. 70).

-        Confiscation of Property

Migrant workers and members of their families should not be arbitrarily deprived of their property. If their assets are to be confiscated under the laws of the State of employment, adequate compensation must be paid (Art. 15).

-        Equal Status With Nationals

Migrant workers and members of their families must be enabled to enjoy equality with nationals of the State of employment before the courts of law and tribunals (Art. 18). Equality with nationals shall also apply to remuneration, conditions of work, e.g. overtime, hours of work, weekly rest, holidays with pay, safety, termination of contract, etc. (Art. 25) as well as access to education, vocational training, guidance and placement, housing including social housing schemes, social and health services (Art. 43) and social security (Art. 27).

Children of migrant workers, including those of illegal workers, shall also be given equality with nationals in gaining access to education, including preschool education (Art. 30).

-        Trade Union Activities

The States of employment must permit migrant workers and members of their families to join or form trade unions and associations for the protection of their economic, social, cultural and other rights (Art. 26).

-        Protection of Their Personal Documents

States of employment must ensure that the identity documents, work and residence permits of migrant workers are not confiscated or destroyed by unauthorized persons and that their passports are not destroyed by anyone (Art. 24).

-        Family Reunification

States of employment shall consider the possibility of enabling the members of the family to join the migrant worker, in order to protect the unity of the family (Art. 44).

States' Application of the Convention

-        Reporting

The States concerned are required to submit a report to the Committee on the Protection of the Rights of Migrant Workers and Members of their Families[7], within one year after the Convention enters into force, on the legislative, judicial, administrative and other measures they have taken to implement the provisions of the Convention. Thereafter, reports must be submitted every five years or whenever the Committee so requests (Art. 73).

-        No Compulsion on Migrant Workers to Renounce Their Rights

The States concerned shall not exert pressures on migrant workers and members of their families to relinquish or forego these rights arising from the Convention (Art. 82).

Moreover, the States concerned must ensure the recognition of the rights of migrant workers and members of their families, and provide effective remedies for violations of such rights (Art. 83).

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Section IV

Promoting the International Convention on the Protection of Rights for All Migrant Workers and Members of Their Families

Promoting the Convention in practical terms has several dimensions. One, of course, is working to achieve the ratification or accession to the instrument by governments. That is perhaps only a beginning. Once a Convention is ratified, its legal standards need to be incorporated into national, and sometimes state or provincial and local legislation. This legislation or law then needs to be put into practice and that practice needs to be monitored. In addition, reports need to be prepared to international treaty bodies on implementation and compliance.

Yes, this is complex and extensive, but it may be taken a step at a time. The work may build and continue, sometimes slowly, over a matter of years. So we take it step by step.

Ratification of the Convention

One of the first challenges to seeking ratification of the Convention is to promote awareness about it. Even advocates for the rights of migrants may know little about the existence of the Convention and even less about its substance and significance. Building awareness should be linked to advocacy for its ratification, and will most need to be done within specific national settings.

Following are some key elements to consider in promoting the Convention in each country:

Coalition Building

A campaign to ratify the Convention is an important opportunity for coalition-building in any country. Depending on political conditions, such coalitions may be extremely broad or only moderately so.

Why Build Coalitions?

• Political support and clout

A substantive coalition is evidence of broader political support beyond the community of migrants. It promotes an image of formality and credibility, and provides the backing and vehicle for mobilizing the active support needed when advocacy of the Convention moves to another stage of 'official' promotion with governmental bodies.

• Self-interest

Many sectors other than migrants do have a self-interest in supporting the Convention, but need to be made aware of it. The campaign needs to identify what that interest may be. Women's groups and trade unions are the more obvious organizations with clear links to the Convention, but other entities (such as a local government body) may also have a reason to support the Convention and its ratification. Other organizations or coalitions on other issues may have an interest in incorporating advocacy for the Convention within their own program of action.

• Public awareness

Knowledge of the Convention and support for it will generally be built step-by-step and sector-by-sector. One way to increase public awareness is to approach key groups and movements that provide specific audiences for awareness-building through publications, conferences, and so forth.

• Financial support

Coalitions provide an avenue for fund raising. Some coalition members may be able to provide non-monetary forms of support such as staff time, photo-copying, phones, travel expenses, supplies.

Target Groups for Coalitions (Local, Regional, and National Level)

• Immigrant and migrant rights organizations, immigrant associations, and agencies working with immigrants
• Trade unions, labor associations, employee organizations, women's organizations
• Religious organizations: all faiths and denominations, orders, lay associations, institutional bodies and departments
• Academic representatives and student organizations, including immigrant student groups, law students, student body associations
• Human rights organizations, including local human rights task forces and commissions
• Civil rights groups and others organizing against racial discrimination
• Legal organizations
• Other social and economic justice groups: in some instances, organizations concerned with the environment, development and food policies, poverty, social welfare, foreign policy, and so forth, can be important supporters.

Vehicles for Building Coalitions

The campaign, as a coalition, could involve any or all of the following examples for bringing supporters together:

• A national campaign coalition or committee: include some form of leadership structure that agrees to and consults on a plan of action
• Campaign advisory committee: a body which may include significant individuals or representatives of important groups who support the campaign, are unable to participate actively, but are willing to lend their name to the effort
• A list of endorsers: a body of all the individuals and organizations endorsing the Convention, and who receive information and are urged to support it at certain stages.

Content of the Work

Coalitions, committees and alliances are all basic vehicles for promoting national campaigning. They must develop activities in various areas in order to build awareness and advocacy. Common categories of activity include:

- public education and awareness

- information media coverage

- training of organizers and advocates

- building institutional support

- conducting advocacy or "lobbying" with government officials

Each of these areas requires specific tasks. Most involve drawing on specialized skills. Many of these skills are likely to be available within coalition member organizations. The experience of many campaigns demonstrates that taking a reasonably professional approach to each aspect of the work will pay off in efficient use of financial resources, effective results, and building a positive impression of the effort itself, as well as for the intended outcome.

The following sections offer some suggested activities for each area.

Public Education, Awareness Building, Outreach

• Reproduce in local languages basic educational pamphlets, brochures and posters offered by the international campaign or create your own.
• Design materials appropriate to national conditions and audiences, for example an educational piece that critiques existing laws and policies that are in conflict with the Convention.
• Publish a periodic bulletin which includes basic information on the Convention, as well as updates on national and international progress on ratification, to be sent to all endorsers, and to be used as part of the outreach materials.
• For those who have access to the World Wide Web and Internet, make the ratification campaign part of an online home page, with links to other key national or international sites; provide a format for people to send in their endorsements.
• The demand for ratification should certainly be incorporated existing plans and activities of migrant rights advocates, including annual events and programs, rallies, and so forth. Incorporate the demand for ratification into the plans and regular activities of coalition member groups, such as annual conferences, newsletters, programs, rallies, and encourage other organizations to do likewise.
• Seek to have information tables, booths or stands on the convention/campaign at annual meetings, conventions, fairs of all manner of organizations.
• Establish a speakersbureau of people from various sectors who can speak about the Convention to diverse audiences.
• Ratification of the Convention could be a focal point for a concentrated education campaign, such as a week of action, which could include a series of public events and media activities. In some countries, a Migrant Week or Day has already been established; similar initiatives could be proposed in your context.
• Organize film showings, art or poster exhibits, or displays in prominent show windows and building lobbies.
• Support presentations of theater, dance, music, art by migrant groups.

Promoting Media Coverage

Working with mass news and information media has evolved into a sophisticated and challenging task. Efforts such as the campaign to ban anti-personnel land mines has shown, a professional, well organized and well presented approach can also promote extensive coverage in major media.

There are many other media vehicles to approach, not least many specialized publications, radio and television programmes, and media channels of NGOs.

Some specific initiatives to consider:

• Prepare a background piece on the Convention appropriate to the interests/approaches of your national media.
• Develop briefing papers and/or comprehensive kits or packets of materials prepared specifically for newspaper, magazine, radio and television media.
• Prepare model news releases which may be used by local groups in different places around your country.
• Draw up listings of articulate and, if possible, well known spokes-people to whom journalists may be referred. This is especially important for radio and TV media, which simply won't use dull voice or visuals.
• Prepare feature articles or inserts which may be given to media as 'ready to use' material.
• At an appropriate time, ads could be taken out in key press listing endorsers and calling for ratification of the Convention. At appropriate moments - for example when legislation is being debated in parliament - draw up newspaper advertisements calling for ratification and listing supporting individuals and organizations. In some countries, the costs of placing full page or half page ads is covered by asking each listed endorser to contribute an amount towards to total cost.

Training Organizers and Advocates

Developing an effective and professional approach to campaigning involves particular skills. Building the capacity of the local and national activists is an essential element of building the campaign. This campaigner's handbook is a contribution to such training. Other elements could include:

• Establishing one-time or regular capacity building workshops. They may be organized to attract representatives from each of the different organizations involved, or to train selected persons with specific skills.

In addition to local and national approaches, consideration should be given to organizing such events on an international basis within regions or among neighboring countries. The global campaign seeks to make available both materials and resource persons for such training.

• Provide a training for coalition members and other interested parties on the Convention.

Building Institutional Support

Promoting formal endorsement of the Convention and campaign can be an effective means of awareness raising and broadening explicit political support. Options include:

• Request that the governing body, board and or membership assembly of every campaign member group formally endorse the Convention. Introduce and debate a resolution that will ensure that the issue is heard.
• Seek a broad list of endorsers for the Convention and the campaign. It is often useful to include 'opinion leaders' from different sectors in such lists to promote wider interest and to impress upon government the breadth and depth of support.
• Seek specific resolutions of support from various sectors and institutions, including local and regional governmental bodies, and ensure that such resolutions are directed to appropriate governmental bodies
• Use the Convention as a focal point for local hearings on migrant conditions, which could be convened by the campaign coalition or held under the auspices of a local 'official' body. The hearings could produce a report which utilizes the Convention's provisions, and then be provided to government entities.

Advocacy with the State

Attention must be given to the specific requirements and practices of each country with regards to ratification of international treaties. Movements and organizations that have been key to promoting ratification of other UN instruments - such as the Convention on the Rights of the Child and the campaign to ban anti-personnel land mines - may have useful lessons in this regard.

While in some countries there may be strong possibilities of moving through a ratification process relatively quickly, in other countries ratification is only a remote possibility which indicates the need for an extensive period of building public support and support from policy makers. Regardless, in each country, and particularly those that are prime targets for ratification, Convention advocates need to be poised to act as the political opportunity presents itself.

In a few countries, ratification may be achieved more rapidly and successfully through a 'quiet' campaign by knowledgeable and influential people with appropriate government representatives and politicians. This may involve building contacts and making inquiries with the relevant government administrative and parliamentary offices, particularly relating to foreign affairs, justice or interior ministries, and labor branches. It may also involve organizing or arranging meetings between influential supporters such as national church, trade union, business leaders and government officials in important positions.

Regardless of the projected timetable for ratification, getting the Convention signed by the executive branch may be an intermediate step to put consideration of ratification on the national agenda. This could be urged through a variety of means, including broad public pressure and specific political appeals.

When the Convention is at a stage where it is being considered for ratification, campaign tactics will need to be more focused on gaining the specific support of policy makers at each step of what may be a protracted process.

Beyond Ratification

Campaigning for the Convention on migrant workers is one main approach to promoting respect for the basic human rights of migrants. It is not the only one. The work will by no means be completed when your country ratifies the Convention.

Other important areas of activity might include:

• Establishing monitoring processes to identify violations of migrants' rights and pursue legal and other remedies (whether or not the Convention is ratified in your country)
• Seeking to contribute data for national reports to international "treaty bodies"
• Preparing separate non-governmental reports to those bodies
• Participating in regional and global international conferences.

Monitoring

A significant function of a national campaign committee can be that of actually monitoring and documenting abuses of migrants' rights, in order to strengthen the case for the Convention and to implement legislation. This may be developed through establishing a monitoring team within the national campaign committee. There may be other options, for example asking a national human rights, civil rights, or lawyers organization to set up a monitoring process.

Monitoring involves identifying and carefully documenting cases of abuse. It should also include a thorough review of existing legislation to determine where there may be provisions applicable to sanctioning violations of rights and their perpetrators, and also seeking redress and compensation for the victims. Such a review will also determine where the gaps are, most of which would be filled if the Convention standards were implemented.

A monitoring process should provide reliable data to demonstrate the nature and extent of problems, as well as prove why it is important for the Convention on migrant workers' rights to be ratified by the government.

National Reports to Treaty Bodies

Today, nearly all countries in most regions are States Parties to one or several of the major international human rights instruments. Most of these treaties have established treaty bodies to monitor and review implementation. States Parties are mandated to provide regular reports to these treaty bodies. This process, as distant as it may seem from local priorities, can be of great importance for human rights advocates. The treaty bodies, and reports submitted to them, are ultimately visible, public, international platforms on which the behavior of individual countries is examined. Few States can ignore or dismiss the negative international image and publicity generated if situations of domestic violations are exposed. International review of difficulties can thus be a powerful incentive from outside to push governments to improve, complementing internal domestic advocacy efforts.

Many of the provisions in the major human rights treaties are applicable to migrants, whether or not they explicitly state so. Thus the treatment of migrant women and children, for example, can be raised in the monitoring and reviewing of implementation of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child.

The situation of human rights of migrants should be included in the preparation of national reports to treaty bodies. In some cases, the government offices responsible for preparing these reports may be open to receiving input, data and comments from non-governmental sources. In most cases, it is national human rights offices - usually government related - or offices within the foreign ministry which are responsible for preparation of reports. To start with, it is necessary to find out where the reports are compiled, who produces them, and whether outside contributions would be taken into account.

Whether or not access is given for NGO contributions to preparation of official government reports to treaty bodies, information and reports from NGOs are received directly by treaty bodies. In addition, well-documented and well-prepared alternative reports also may be very useful tools for domestic awareness raising, and for advocacy, for example with parliamentarians.

International Networking and Advocacy

In our inter-connected world, success of efforts such as entry into force of the Convention on migrant workers' rights are dependent on international cooperation, coordination and advocacy. As national campaigns develop, they will have much to learn from, and share with, others. Governments may be influenced and impressed if advocacy is coming from around the world as well as within their territories. Exposure of violations of rights of migrants is both necessary and often effective in getting remedies when it happens in international fora, such as the UN Commission on Human Rights.

All of these considerations indicate that national campaign plans should include an element of coordination within regions and world-wide. With the growing concern on migration prompting an increasing number of events and fora, it may not be easy to pick and chose. However, it will be important to develop some form of contact among campaigns in each region. In some cases, a regional approach to delegated participation at international conferences and UN bodies may be a most viable approach.

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About This Publication

Achieving Dignity: Campaigner's Handbook for the Migrants Rights Convention is a handbook for organizers prepared by the International Migrants Rights Watch Committee (IMRWC) to promote ratification and entry into force of the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Written by

Sections I and II:

Patrick A. Taran, World Council of Churches

Section III:

Shirley Hune, University of California, Los Angeles, CA, USA with excerpts from the Migrant Forum in Asia publication "Ratifying UN Convention Protecting Migrant Workers" MIGRANT WOMEN Quest for Justice.

Section IV:

Cathi Tactaquin, National Network for Immigrant and Refugee Rights, USA and Patrick A. Taran.

Editorial Review

Yennydel Carmen Hurtado, Domestic Workers Union, Colombia
Wan-Hea Lee, Office of the UN High Commissioner for Human Rights, Geneva
Bronwen Manby, Human Rights Watch, Britain
Joseph Oneka, Uganda Joint Christian Council, Uganda
Cathi Tactaquin, National Network for Immigrant and Refugee Rights, USA
Mayan Villalba, UNLAD-KabayanFoundation, Philippines

Editing and Desktop Publishing

Sarah Stephens, Consultant to the IMRWC

About the IMRWC

The International Migrants Rights Watch Committee (IMRWC) is the independent global monitoring body focusing on promoting the human rights of migrants. Its 28 members are drawn from human rights, legal, trade union, migrant and religious backgrounds in Africa, Asia, Europe, Latin America, the Middle East, North America and the Pacific regions.

About the Campaign Steering Committee

The IMRWC served as convener to establish the Steering Committee for the Global Campaign for the Migrants Rights Convention. The Steering Committee provides overall guidance and coordination for the global effort to bring the convention into force.

Steering Committee member organizations: European Union Migrants Forum, Human Rights Watch, Inter-American Institute for Human Rights, International Commission of Jurists (ICJ), International Confederation of Free Trade Unions (ICFTU), International Labour Organization (ILO), International Migrants Rights Watch Committee, Office of the UN High Commissioner for Human Rights, Migrants Forum in Asia, Public Service International (PSI), Women's International League for Peace and Freedom (WILPF) and World Council of Churches (WCC).

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[1]     International Labour Office.International Migration and Migrant Worker. Committee on Employment and Social Policy, 265^th Session, Geneva, March 1996 (GP267-ESP-2):4.

[2]     UNHCR.Figure provided at UNHCR Standing Committee meeting, Geneva, 2-3 February 1998.

[3]    Stackhouse, Max L. Creeds, Society and Human Rights: A Study in Three Cultures Grand Rapids, MI: William B. Eerdmans Publishing, 1984, page 1. Italics added.

[4]     There titles are the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights.

[5]     International treaties do not have equivalent international legal status. Most primarily are binding upon their ratifying or acceding States and may be considered authoritative guidelines on 'best practice' for the broader community of States. The process by which an international instrument formally becomes international law is a more complicated, and less common, process. Only the best established conventions are regarded as having customary international law status, and even then usually not in all respects.

[6]     The remaining text in this chapter is excerpted from the Migrant Forum in Asiapublication "Ratifying UN Convention Protecting Migrant Workers" MIGRANT WOMEN Quest for Justice.

[7]     The Committee is the treaty body for the Convention. By adhering to a treaty, States Parties agree to engage in a dialogue with the relevant treaty body. They assume a legal obligation to submit periodic "State reports" outlining the legislative, judicial, administrative and other measures they have taken to ensure the enjoyment of the rights contained in the treaty. Treaty bodies normally examine State reports in the presence of representatives of the Government and conclude with the adoption of "concluding observations" or "concluding comments".

Topics: Migrants, Migrant rights, Human rights,