In the last few weeks in an unprecedented move, migrant workers and human rights advocates joined hands and marched in cities across America to oppose H.R. 4437, the immigration bill passed in the US House of Representatives in December 2005.

Meanwhile, in another part of the world the government of South Korea continues its crackdown against undocumented migrant workers resulting in one more death; this time of a young Indonesian worker. Two years ago, Malaysia's program to deport 'illegal workers' resulted in countless human rights violations such as the abuse of women migrant workers as well as illegal detention in squalid conditions.

In other instances around the world migrant workers' rights are violated on the basis of their race, ethnicity or creed. New trends of racism and xenophobia have merged affecting the well-being of migrant workers.

In the current global environment we celebrate Labor Day 2006 with a sense of new hope while fully aware of the threats to the lives and livelihood of millions of migrant workers worldwide. On one hand, there is a new found strength amidst difficult conditions; while on the other hand, there exists daunting challenges that continue to bring misery to the migrant workers and their families.

We, in Migrant Forum in Asia, salute our fellow workers in America as they gear up to march again to protest H.R. 4437 this Labor Day. We support their call for a fair and just immigration reform in the United States. We call upon the American authorities to respect the rights of the migrant workers and recognize their contributions to its economy and society. America will not be as powerful as it is today if not for the millions of
migrants who toil in its farms, factories, and high rise buildings and apartments.

Likewise, we commend the 25 million migrant workers across Asia for their courage and steadfastness in pursuing a better future for themselves and their families. In their efforts to organize and come together to ensure the protection of their rights as workers we commend the initiatives taken and the successes registered.

On this Labour day we reiterate the words of the UN High Commission for Human Rights stating that, "the right of the migrant workers which require protection include the whole gamut of human rights including civil, political, social, economic and cultural rights in particular and their rights as workers, rights as women as a specific group (reproductive rights and right to be free from gender-based discrimination and violence)."

Specifically, we call upon governments around the world to cease from mounting crackdowns and arbitrary expulsion. Articles 22 and 56 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families address the issue of expulsion and arbitrary expulsion. Paragraph 1 of article 22 expressly prohibits measures of collective expulsion. Paragraph 4 of article 22 requires that, except where a final decision has been pronounced by a judicial authority, "the person concerned shall have the right to submit the reason he or she should not be expelled and to have his or her case reviewed by the competent authority, unless compelling reasons of national security required otherwise".

We also remind governments to adhere to the 1998 ILO Declaration on Fundamental Principles and Rights at Work which are applicable to migrant workers as well regardless of their status. The Declaration highlighted 8 key Conventions concerning freedom of association, force labour, equality of employment and opportunity, and child labour. Furthermore it clearly states that “ …all Members, even if they have not ratified the Conventions in question have an obligation, arising from the very fact of membership to the Organization, to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights.”

Genuine recognition of the tremendous contribution of migrant workers to the development of host and home countries is what we call for on this Labour Day 2006. The voices, sweat and toil of all migrant workers and members of their families today join forces with the call of labour all over the globe for a ‘rights way to decent work’; one that upholds and celebrates both the dignity of work, and the human dignity of the worker.

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