International Conference on Protection of rights of the Migrant Workers

Migration is one of the important global phenomena. Diverse and multiple challenges have been witnessed in migration governance. The adoption of Global Compact for Safe, Orderly and Regular Migration (GCM) by the United Nations General Assembly on 19 December 2018 has provided a comprehensive policy framework for international migration governance and its improved management at the global, regional and national levels. The GCM provides a broad, cooperative and collaborative framework aiming to facilitate safe, regular, managed migration, while minimizing the incidence and adverse effects of irregular migration through international cooperation. It intends to reduce the risks and vulnerabilities migrants face at different stages of migration by respecting, protecting and fulfilling their human rights and providing them with care and assistance they deserve.

Most migration today is linked directly or indirectly to the quest of decent work opportunities. As per the recent International Labor Organization (ILO) estimates, of the 258 million international migrants, 164 million are migrant workers, which is 59.2 percent of all international migrants and 70.1 percent of all working age migrants. There has been a significant increase in the intra-regional migration (south-south) since the 1990’s. Comparative higher wages and accessible employment opportunities are the major driving forces for migration to the Gulf Cooperation Council (GCC) countries.

Initiatives taken at the regional levels have also been contributing significantly to the protection and promotion of the rights of migrant workers. Some of the prominent regional endeavors for improvement of migration for employment are Colombo Process, Abu Dhabi Dialogue, South Asian Association for Regional Cooperation Plan of Action for Cooperation on Matters Related to Migration, and Association of South East Asian Nations Consensus on the protection and promotion of migrant workers. These regional efforts in Asia have been contributing significantly to promote safe, orderly and regular migration, while also addressing issues of irregular migration.

National Human Rights Institutions (NHRIs) have been emphasizing on systematic implementation of the existing migration frameworks towards protection of rights of the workers and their families. Wherever applicable, NHRIs’ attention is also drawn to implementing the provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW), 1990.

Under their defined mandates NHRIs have been fulfilling their responsibility for the protection and promotion of human rights of all people, including that of the migrant workers. They have also established formal ways of cooperation by signing Memorandums of Understanding (MoUs) with other NHRIs, holding regional and global conferences to shape understanding in issues relating to the rights of migrant workers. They play a prominent bridging role between different government institutions, civil societies and rights holders.

The international conferences of NHRIs were successful to set some useful principles and guidelines on effective monitoring and complaints handling mechanisms. The recent outcome statement by GANHRI has also specifically identified actions that NHRIs individually, regionally and globally can initiate for the protection of the rights of migrants. The Santacruz Conference (2006), Zacatecas Conference (2004), Seoul Conference (2008), Edinburg Conference (2010), International Conference on Cooperation of NHRIs for the Protection and Promotion of the Rights of Migrant Workers, Kathmandu, Nepal (2012), Arab-Europe Dialogue, etc. have added dimension to this discourse. In addition, NHRC, Nepal also organized an International Human Rights Conference on addressing impunity in April 2018 in which one of the major issues discussed was rights of the migrant workers.

This conference aims to bring together NHRIs of the Asia-Pacific Region and their established networks that includes civil society organizations and employers and workers organization from countries of origin, transit and destination to discuss the issues of the rights of migrant workers. This will also be a platform to share best practices of NHRIs’ cooperation and propose appropriate measures to address the issues of migrant workers’ rights. The conference will also engage Government representatives from GCC countries and other regional entities where NHRIs do not exist.