The rights of Migrant Workers

How ILO standards can make a difference

Luc Demaret ILO Bureau for Workers Activities

Key Messages
Migrant

workers are titular of rights ILO standards make a difference ALL ILO Conventions apply to Migrants Specific Conventions (97 and 143) go beyond mere protection: sound migration policies. Migration is a labour issue

ILO Fundamental Conventions

Freedom

of Association (C87, C98) Non-discrimination (C100, C111) Eradication of Child Labour (C138,C182) Prohibition of forced labour (C29,C105)

ILO Migrant Workers Conventions

Migration

for Employment Convention (Revised) No.97, 1949 49 ratifications Migrant Workers (Supplementary Provisions) No. 143, 1975 23 Ratifications

ILO Migrant Workers Conventions (C97 and C143)

Underlying

principles Equal treatment (C97, C143) Equal opportunity (C143) Respect for basic human rights (C143)

ILO Convention 97
Definition of migrant workers Equal treatment for regularly admitted migrants: Salary Working conditions (hours, overtime,holyday) Social security Trade union rights Benefits of collective bargaining

ILO Convention 97
Other

provisions: Exchange of information Free service to migrants (agencies) Combating misleading propaganda No expulsion in case of incapacity Prohibition of pregnancy or HIV/AID testing

ILO Convention 143

Full

title: Convention concerning Migrations in abusive conditions and the Promotion of Equality of Opportunity and Treatment of migrant workers

Convention 143 Part I

Article

1: EACH MEMBER FOR WHICH THIS CONVENTION IS IN FORCE UNDERTAKES TO RESPECT THE BASIC RIGHTS OF MIGRANTS

ILO Convention 143 Part I

Articles

1 to 7: Cooperation against irregular migration Sanction against recruiters or employers (not against workers) Prosecution regardless of where recruiters operate from Tripartite consultation and right of initiative to fight abusive conditions

ILO Convention 143 part I

Article

8: Loss of job should not lead to expulsion Article 9: Even if irregular, migrants are entitled to salaries and social security for work performed.

ILO Convention 143 Part II

Part II applies ONLY to regularly admitted migrants: Provides for Equal opportunity, eliminating discrimination in practice Migrants should be allowed to change employers Family reunification Regularisation(not explicit but a policy option)

The impact of ILO Standards

They

cover many trade union concerns Ratification can make a difference Trade unions should campaign for ratification ILO Supervisory mechanisms are unique

The three pillars of rightsbased approach

Convention

97 Convention 143 International Convention on the Rights of All Migrant Workers and Members of their Families (the UN Convention)

The UN Convention
Builds

upon ILO Convention Wider coverage Seeks to discourage irregular migration Seeks to protect vulnerable migrants Covers every type of migrants

Promoting the rights-based approach

ILO and UN Conventions complement each other A Unique source of protection for both migrant and national workers Once ratified make a difference Limit governments appetite for constant changes in migration policies Together they contribute to maximize benefits of migrations for all. It is now up to trade unions to campaign for ratification and implementation! Thank you