A Call For A Rights-based Multilateral Framework on Labor Migration

In view of the current debates, we strongly believe that an effective rights-based management of migration within a multilateral framework is crucial for the protection of migrant workers. However, we are concerned that the current mode of migration management emphasizes strongly on national security and border control, which are found to be ineffective and only result to further exploitation, migrants' deaths, and contributes to the rise of racist and xenophobic sentiments. Any regime of migration management to be effective, not only must be credible to states, but it must be credible to migrants and society as well. The importance of managing migration must go beyond coordinating restrictive national security policies among states but should rest on the larger framework of human security. Human security, as defined, compliments state security, enhances human rights and strengthens development.

In view of this, we believe that the ILO should take the leadership in the rights-based management of labor migration, which ensures the inherent dignity and human rights of all migrant workers and members of their families, based on the universal principles of equality of treatment and non-discrimination.

In this light, we make the following recommendations to the social partners of this tripartite institution:

For States parties:

1. To establish and implement comprehensive national migration policies that protect migrants and their families in the entire migration process, which are consistent with universally-accepted human rights norms and principles. These policies should be coherent with policies on labor, foreign relations, health and social security, among others;
2. To share and exchange information on the application of best practices already being implemented by some States;
3. To promote and engage in dialogue between appropriate stakeholders, ministries and other relevant agencies of sending and host countries towards better protection of migrant workers;
4. To recognize domestic work as work and to identify mechanisms for the regularization of irregular migrants,
5. To accept the primary responsibility in responding to cases of violations, and providing access to urgent relief services, redress mechanisms and corrective measures;
6. To establish and implement policies that promote the unionization of migrant workers, and remove obstacles to their self-organization and representation.

For Trade Unions:

1. To engage in productive partnerships with migrant workers, NGOs and advocates in combating racism and discrimination and protecting the rights of migrants and their families;
2. To encourage and support the organization and unionization of migrant workers themselves, including the implementation of measures to ensure their full and active participation and empowerment as workers and as social partners; these measures should take into account the restrictions to organizing faced by migrants, and also the situation of particularly vulnerable migrants, such as domestic workers and undocumented workers;
3. To launch campaigns for the ratification and effective implementation of ILO Conventions 97 (Migration for Employment), 143 (Migrant Workers- Supplementary Provisions), 87 (Freedom of Association) and 98 (Collective Bargaining), and the 1990 UN Migrant Workers Convention.

For Employers:

1. To adhere to the ILO Program on Decent Work;
2. To work with States in ensuring the application of human rights norms and principles and labor standards in the conduct of their enterprise, recruitment and treatment of workers, including observation of codes of recruitment practice, licenses and established monitoring arrangements,
3. To establish and implement best practices in recruitment, including the “joint and solidary liability” of employers and recruitment agencies,

For all ILO social partners:

1. To establish and implement programs that promote awareness among policy-makers and the general public on the phenomenon of labor migration and its consequences, and the positive economic, social and cultural roles and contributions of migrants and their families in the host and home countries. These are urgently required in order to transform social attitudes and public opinions, including the negative image often associated with migrants.

2. To provide accessible measures that allow for the integration of migrant communities within the host country while also providing for the economic and social reintegration of migrants in the home countries.

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Migrant Forum in Asia
Regional Secretariat, 59-B Malumanay Street, Teachers' Village West,
Quezon City, Philippines
Tel: 632-433-3508; Fax: 632-433-1292; mfa@pacific.net.hk