Session 5 The Rights of Migrant Workers Deadline 12. Feb.

Reports Moderator Comments Aims Activities Reading for Session 5 Notes for Facilitators Aims To build an awareness of the international rights of migrant workers To develop strategies to protect the rights of migrant workers Activities 1.       Reports from previous session (30 minutes) Read the reports from the other study circles. Note the similarities and differences in how migrant workers experience the labour market in their countries. Do you agree with their views on how trade unions should respond to the problems experienced by migrant workers?    2.       International Rights of Migrant Workers (1 hour 15 minutes) Making use of the articles on: The UN Convention on the Rights of Migrant Workers, ILO Standards Protecting Migrant Workers, Charter of Rights for Migrant Domestic Workers in Europe.   Break into pairs and discuss: Do you agree with the ILO that migrant workers should have the same rights as local workers with regards to conditions of work, access to social security etc? What arguments might people use for and against equal treatment? How are the rights of migrant workers protected in your country? What strategies can organisations develop to help protect the rights of migrant workers? Each pair should then report to the rest of the group.   3.       Preparation for Session 6 Try and find out how migrant workers have been organised in your country and/or how migrant workers from your country have been organised abroad. You can collect this information by: Speaking to a migrant worker Contacting a migrant worker organisation Looking at the policies of your own organisation Speaking to a family member or friend who might have experienced migration   4.       Communicating with the other study circles (15 minutes) Discuss the report which you would like to give to other countries. Include all the opinions which exist in your group. Are there questions which you would like to ask about the rights of migrant workers in other countries? The report should be sent by email to TSL by 12 February 2001. Reading for Session 5 UN Convention on the Rights of Migrant Workers All who work have rights, whoever and wherever we are. This has been laid down at the international level by all governments in the United Nations. The UN has many agreements and covenants which governments have signed over the years upholding the rights of workers. There are no formal ways of making sure that they are implemented, but they can be used to bring pressure on governments and employers. In December 1990, the United Nations adopted the International Convention of the Protection of the Rights of All Migrant Workers and Members of Their Families. Why is the International Convention Significant? Migrant workers are viewed as more than labourers or economic entities. They are human beings with families and accordingly have rights, including that of family reunification. It recognises that migrant workers and members of their families are unprotected. Their rights are often not addressed by the national laws of receiving countries or by their own states of origin. Therefore the international community must provide measures of protection. It establishes international standards to uphold the particular human rights of migrant workers and members of their families. Fundamental human rights are extended to all migrant workers, both documented and undocumented. It tries to prevent and eliminate the exploitation of all migrant workers and member of their families, including an end to their illegal movements. It attempts to establish minimum standards of protection for migrant workers.

There has been an international campaign to get governments to support this Convention, and to incorporate it into national law. For example, in Ireland, the Irish Congress of Trade Unions and NGOs have put pressure on the Irish government to ratify the Convention. A general letter was drawn up, and sent by a wide range of people to the Head of Human Rights in the Department of Foreign Affairs. Only eleven countries have ratified the Convention, but twenty are needed for it to come into effect.

To see a full copy of the Convention, go to the Internet at http://www.unhchr.ch/html/menu6/2/fs24.htm 

Adapted from: "The Global Campaign for Ratification of the Convention on Rights of Migrants".

Numbers and titles of international labour Conventions and Recommendations concerning migrant workers:

• C.97 Migration for Employment Convention (Revised), 1949

• R.86 Migration for Employment Recommendation (Revised), 1949

• C.143 Migrant Workers (Supplementary Provisions) Convention, 1975

• R.151 Migrant Workers Recommendation, 1975

The main Conventions and Recommendations dealing with social security matters concerning migrant workers are:

• C.118 Equality of Treatment (Social Security) Convention, 1962

• C.157 Maintenance of Social Security Rights Convention, 1982

• R.167 Maintenance of Social Security Rights Recommendation, 1983

Here is a summary of the main rights covered by the ILO Standards. The complete details can be found on the Internet at: http://www.ilo.org/public/english/50normes/whatare/standards/migrant.htm  

 Before leaving the home country and during the journey to the country of employment 

Information about working and living conditions

A worker has the right to know, before leaving the home country, the general condition of work and life in the intended country of work, and what employment opportunities exist.

Recruitment

The recruitment of migrant workers should be carried out only by public authorities, prospective employers or private agencies. Recruitment should be carried out under official supervision. So the migrant should be protected against the charging of excessive fees, misleading propaganda and attempts to evade immigration controls.

Contracts

Migrant Workers have the right, where governments supervise what goes into a contract, to receive before departure a written contract of employment, covering conditions of work and terms of employment, particularly the rate of pay.

Facilitated departure

Workers have the rights to assistance from public authorities to deal with the documentary and other formalities; and they should not be charged for this.

Medical attention

Workers and their families should have medical attention before departure, during the journey and on arrival.

Free travel

Migrant workers who have been recruited by an employer should not have to pay the cost of their own travel.

 During employment abroad 

Wages and other terms of employment

• Equality with the nationals of the country of work (including pay, hours of work, rest periods, holidays, welfare, facilities and other benefits)

• Minimum wage rates

• To receive pay in the form of cash, at regular intervals

Job security

A migrant worker also has the right to "equal treatment" in respect of job security. Migrant workers should not be subject to discrimination if the workforce has to be reduced.

Promotion

Migrant workers should be given the same opportunities for promotion as nationals of the country.

Health and safety

Migrant workers have special needs in respect of health and safety, and therefore should benefit from special measures, including: protection against illnesses to which they were not exposed in their country of origin; advice and help with psychological problems arising from an unfamiliar working and living environment; and instruction and training in the prevention of occupational accidents.

Trade Union Rights

The right of all workers to belong to trade unions is protected by several Conventions. So trade union rights give to local workers must be given to migrant workers as well, including: the right to engage in collective bargaining; to elect representatives; to use arbitration and conciliation procedures for the settlement of disputes.

Access to Courts

Migrant workers can make use of courts in the same way as nationals.

Freedom of movement

Migrant workers are free to move at any time from one place to another in the country of work

Transfer of funds to home country

Migrant workers have the right to transfer earnings/savings as they wish

Family reunification and visits

During paid annual holidays, migrant workers should be allowed to visit their families after at least one year of service. Alternatively the family should be allowed to visit the worker.

Advisory services

Migrant workers are entitled to receive assistance and advice from the competent authority, including aid from social services.

 Repatriation 

Appeal against arbitrary decisions

Migrant workers have the right to appeal against a decision to terminate their employment or to deprive them of their resident status.

Assistance with arrangements

Irrespective of whether they are employed legally or illegally, migrant workers have a right to outstanding remuneration, severance pay, compensation for holidays etc. 

Rights of returning migrants in home country

Migrant workers have the right to assistance when they return to their home country. They are entitled to unemployment benefit, assistance in obtaining work – for example by not being obliged to satisfy conditions as to previous residence or employment. Their rights in the field of social security would also include rights acquired in the course of their employment abroad.

Adapted from "Protection, International Norms and ILO Migrant Workers Standards" by WR Bohning, December 1999.

A Charter of Rights for Migrant Domestic Workers In Europe

• The Right to an immigration status which recognises that domestic work in private households is proper work

• The Right to an immigration status for the worker independent of any employer

• The Right to travel, both within the European Union and between the European Union and the country of origin

• The Right to full and non-discriminatory employment rights and social protection, including minimum wage, sickness and maternity pay, and pension

• The Right to change employer

• The Right to a legally enforceable contract of employment setting out minimum wages, maximum hours and responsibilities

• The Right to work free from fear of physical, sexual or psychological abuse

• The Right to join a trade union

• The Right to recognition of qualifications, training and experience obtained in the home country

• The Right to personal and leisure time

This charter was drawn up by the RESPECT Network of organisations working with migrant domestic workers. The Network was established as a result of the need for migrant domestic workers in the European Union to make themselves visible and to demand their rights.

You will need:

• Flipchart and pens

• Readings “UN Convention on the Rights of Migrant Workers”, “ILO Standards Protecting Migrant Workers” and “A Charter of Rights for Migrant Domestic Workers in Europe”.

• Reports from Session Four sent by other countries

Guidelines:

The main purpose of this session is to familiarise participants with the international rights of migrant workers as defined by the UN and ILO. It is likely that some participants might not know anything about the ILO. For a basic introduction, see the reading (under I) in the library on the project web site. The full text of the main Conventions have also been included in the library.

It is important that participants do not assume that because these rights exist that governments are obliged to follow them.  It needs to be stressed that even if governments ratify or sign up to UN and ILO Conventions, there are no mechanisms to ensure that they are effectively implemented. Furthermore, very few governments have even ratified the Conventions. In the case of the UN Convention, there are only 11 ratifications; Convention No 97 of the ILO has 41 ratifications and No.143 only 18.

The purpose of the first question is to get participants to think critically about the general content of the Conventions. Some participants might disagree with the ILO that local and migrant workers should have equal rights. Migrant workers themselves might feel that the Conventions do not go far enough.

Try and get the participants to think about how they can use these Conventions as a tool to put pressure on their governments. But also to think about other things which organisations can do to protect the rights of migrant workers. The Charter of Migrant Domestic Worker Rights can be used as an example of how workers themselves have campaigned for their rights. Some ICFTU publications also speak about a trade union social charter for migrant workers. If possible, it would be useful to introduce local examples which highlight how organisations have mobilised for the rights of migrant workers.

Get participants to think along the lines of:

• Get a copy of the UN Convention on the Rights of Migrant Workers and post it up in the workplace.

• Campaign so that labour laws conform to ILO Core Conventions

• Press the Government to ratify the ILO Convention on Migrant Workers

• Document cases where the Convention is being violated, including in the informal sector and free trade zones. Ask for the ILO to publicise these violations.

• Campaign for a national policy to ensure equality of opportunity and treatment, which includes migrant workers, and a national authority to implement the policy.

• Find out which trade unions from your country represent you at the ILO. What are their activities? How can they strengthen the ILO’s viewpoint on migrant workers?

• Find out what education programmes on workers rights the ILO is running in individual countries and how migrant workers can become involved.

There is material in the library on the web site which relates to this session. It can be used or distributed at your discretion. The readings are:

	“Will Human Rights bring Migrants Rights?” (NCADC Newsletter Issue 20, 2000)
	Irish Congress of Trade Unions letter to Government to support UN Convention
	Irish Congress of Trade Unions support for the right to work of Asylum Seekers