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 rights- based 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