Handbook for Parliamentarians N° 24 - OHCHR

1 Migration, human rights and governance Handbook for Parliamentarians N 24 Pantone: 320 CC: 90 M: 0 Y: 30 K: 0R: 0 G: 170 B: 190 Pantone: 3015 CC: 100 M: 45 Y: 5 K: 20R: 0 G: 95 B: 154 Pantone: Cool Gray 9 CC: 3 M: 0 Y: 0 K: 65R: 121 G: 122 B: 123 Cover PageMigrants and refugees crowd on board a boat some 25 kilometres from the Libyan coast. The numbers of people risking their lives to cross the Mediterranean sea has risen sharply in recent years. Massimo Sestini, 2014 Inter-Parliamentary Union 2015 This publication is co-published by the Inter-Parliamentary Union, the International labour Organization, and the United Nations (Office of the High Commissioner for Human Rights).For personal and non-commercial use, all or parts of this publication may be reproduced on condition that copyright and source indications are also copied and no modifications are made.

2 Please inform the Inter-Parliamentary Union on the usage of the publication content. Layout: Simplecom graphicsPrinted by Courand et Associ sISBN 078-92-9142-637-9 (IPU) HR/PUB/15/3 (UN)1 ContentsAcknowledgements 5 Foreword 6 Abbreviations 7 Boxes 10 Introduction 14 What does the Handbook contain?Chapter 1 International migration today State sovereignty and international migration Centrality of the world of work to international migration Importance of labour migration for countries of destination Importance of labour migration for countries of origin Migrants in times of economic crises Migration, diversity and social change Gender and migration: the situation of women migrants 31 Checklist for Parliamentarians 35 Chapter 2 International law, migration and human rights Rule of law International law pertaining to migration International human rights law International labour standards International standards specifically addressing labour migration and migrant worker rights Supervision of international human rights norms and labour standards United Nations treaty bodies United Nations Charter-based system of human rights protection International labour Organization supervisory procedures Regional instruments relating to migration governance and protection of the rights of migrants Regional economic integration communities Bilateral agreements 66 Checklist for Parliamentarians 69 Chapter 3 Elimination of discrimination and equality of opportunity and treatment General principles The principle of non-discrimination and equality in

3 International human rights treaty law Non-discrimination and equality of opportunity and treatment at work Migrant domestic workers Particular vulnerability of migrants and their families to discrimination Right of migrants to freedom from discrimination in practice 87 Checklist for Parliamentarians 90 Chapter 4 Key human rights principles regarding protection of migrants Effective recognition of economic, social and cultural rights Recognition and application of economic, social and cultural rights in legislation and government action Freedom of association and the right to collective bargaining Elimination of all forms of forced or compulsory labour , including trafficking for forced labour and labour exploitation What is forced labour ? Trafficking in human beings Particular vulnerability of migrant workers to forced labour and trafficking Factors underlying trafficking Migrant children s rights, including the abolition of child labour child labour Movement rights Right to leave, right to return to and free movement within a country Obligations of states to provide protection Non-refoulement Detention of migrants and their criminalization Protection against arbitrary expulsion, including collective expulsion Practical implications 132 Checklist for Parliamentarians 133 Chapter 5 Human rights-based governance of migration Migration governance and human rights Human rights.

4 Migration and the role of the United Nations system A human rights-based approach to migration Standard setting and supervision Platform for dialogue and cooperation Service provision and technical assistance Developing the knowledge base on migration and human rights: data collection and indicators Gaps and challenges Application of international law at the national level Human rights indicators Role of human rights institutions Governance of labour migration Countries of origin Countries of destination International cooperation Migration and development 166 Conclusion 175 Checklist for Parliamentarians 1764 Selected references 179 Annex I: ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers 183 Annex II: Article 16 of the ICRMW and its application to migrant workers and members of their families in an irregular situation 187 Annex III: Declaration of the High-level Dialogue on International Migration and Development 1895 AcknowledgementsThis Handbook was jointly prepared by the International labour Office (ILO), the Office of the United Nations High Commissioner for Human Rights ( OHCHR ) and the Inter-Parliamentary Union (IPU).

5 Its production was made possible through the generous financial support of the Ministry of Foreign Affairs of Finland. Principal contributors: Lee Swepston (formerly ILO), Patrick Taran (Global Migration policy Associates and formerly ILO), Ryszard Cholewinski (ILO).Joint inter-agency editorial committee: Ingeborg Schwarz, Rogier Huizenga (IPU); Ryszard Cholewinski (ILO); Patrick Taran (Global Migration policy Associates); and staff of OHCHR Secretariat of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and of OHCHR Migration Team in the Research and Right to Development Division.*Other contributors:ILO:Luc Demaret, formerly of the Bureau for Workers Activities (ACTRAV)Janelle Diller, Office of the Deputy Director-General/ policy (DDG/P)Katerine Landuyt, International labour Standards Department (NORMES)Deepa Rishikesh, International labour Standards Department (NORMES)Isabelle Kronisch, labour Migration Branch (MIGRANT)IPU:Rogier Huizenga, Manager, Human Rights ProgrammeJonathan Lang, Consultant, Human Rights Programme* The policy of OHCHR is not to attribute authorship of publications to of people are on the move.

6 The world s policymakers and political leaders face the complex challenge of ensuring that migration takes place in ways that are fair, mutually beneficial and respectful of human rights. There is no shortage of laws and policies on migration. Some measures recognize the positive contribution of migrants and migration to economic welfare, to national prosperity and to development. However, other measures react to migration and to migrants as threatening phenomena. These measures can have negative consequences, including violations of the human rights of migrants and their have a critical role to play to ensure a meaningful, balanced and informed response to migration. They are first of all responsible for adopting adequate laws on migration to give effect to international obligations entered into by the state under the international treaty framework, in particular with respect to human rights norms and labour standards.

7 Parliamentarians , as well as governments, can and should promote fair and effective policies in order to maximize the benefits of migration while addressing the real challenges that host, transit and origin countries and migrants Inter-Parliamentary Union, the International labour Office and the Office of the United Nations High Commissioner for Human Rights, according to their respective mandates, have decided to produce this information tool that should help Parliamentarians to achieve the above objective. The Handbook offers responses to fundamental questions on migration, such as those concerned with its root causes and possible responses in terms of good policies and practices, as well as the challenges, both for migrants and for countries, in relation to national well-being, development and social cohesion. The Handbook proposes a balanced approach to make effective laws and policies that address the human rights of migrants and the governance of migration.

8 The Handbook reflects the long experience of our three cooperating organizations and our constituents worldwide. It contains examples of measures and practices relating to migration that have worked successfully. It is intended to be useful not only for Parliamentarians , but also for government officials and civil servants as well as for social partners and civil society. The ultimate objective of this Handbook is to promote fair and rights-based migration policies, aligned with international norms and standards, in the interest of all migrants as well as host, transit and origin countries. Martin ChungongSecretary GeneralInter-Parliamentary UnionZeid Ra ad Al HusseinUnited NationsHigh Commissioner for Human RightsGuy RyderDirector-GeneralInternational labour Organization7 AbbreviationsACHRA merican Convention on Human Rights ACTRAV ILO Bureau for Workers ActivitiesASEANA ssociation of Southeast Asian Nations AU African UnionCARICOMC aribbean Community CEACRILO Committee of Experts on the Application of Conventions and Recommendations CEDAWC ommittee on the Elimination of Discrimination against Women CEMACC entral African Economic and Monetary Community CERDC ommittee on the Elimination of Racial Discrimination CFAILO Committee on Freedom of Association CISC ommonwealth of Independant States CNIg Tripartite National Immigration CouncilCOMESAC ommon Market for Eastern and Southern Africa CRCC onvention on the Rights of

9 The child EACEast African Community EAECE urasian Economic Community ECHR European Convention on Human RightsECOWASE conomic Community of West African States EESC European Economic and Social CommitteeESCE conomic, social and cultural rightsEU European UnionFPI Fiscal policy InstituteFRAE uropean Union Agency for Fundamental RightsGCC Gulf Cooperation CouncilGCIMG lobal Commission on International MigrationGDP Gross domestic productGFMD Global Forum on Migration and DevelopmentGMG Global Migration Group8 HLD United Nations General Assembly High-level Dialogue on International Migration and DevelopmentHRC Human Rights CouncilICC International Coordinating Committee of National Institutions for the Promotion and Protection of Human RightsICCPR International Covenant on Civil and Political RightsICERD International Convention on the Elimination of All Forms of Racial DiscriminationICESCR International Covenant on Economic.

10 Social and Cultural RightsICPDI nternational Conference on Population and DevelopmentICRC International Committee of the Red CrossICRMWI nternational Convention on the Protection of the Rights of All Migrant Workers and Members of Their FamiliesILOI nternational labour OrganizationIMO International Maritime OrganizationIOM International Organization for Migration IPU Inter-Parliamentary UnionKNOMAD Global Knowledge Partnership on Migration and DevelopmentMERCOSUR South American Common MarketMoU Memorandum of understandingNHRIs National human rights institutionsOASO rganization of American StatesOAU Organization of African UnityOHCHRO ffice of the United Nations High Commissioner for Human Rights OSCE Organization for Security and Co-operation in EuropePICUMP latform for International Cooperation on Undocumented MigrantsRCPs Regional consultative processesSADC Southern African Development CommunitySAWPC anadian Seasonal Agricultural Worker Program SDGsSustainable Development GoalsSMEs Small and medium-sized enterprises9 UDHRU niversal Declaration of Human Rights UN United NationsUNCTADU nited Nations Conference on Trade and DevelopmentUN DESA United Nations Department of Economic and Social Affairs UNECAU nited Nations Economic Commission for AfricaUNESCOU nited Nations Educational, Scientific and Cultural OrganizationUNHCRU nited Nations High Commissioner for RefugeesUNICEF United Nations Children s FundUNODCU nited Nations Office on Drugs and Crime UPRU niversal Periodic Review WHOW orld Health Organization10 BoxesBox International migrants definitions and terminologyBox International migration.