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International Labour Standards on Migrant Workers' Rights

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International Labour Standards on Migrant Workers' Rights International Labour Standards on Migrant Workers’ Rights *XLGHIRU3ROLF\PDNHUVDQG3UDFWLWLRQHUVLQ$VLDDQGWKH3DFL¿F INTERNATIONAL LABOUR OFFICE BANGKOK 2007 Copyright © International Labour Organization 2007 First published 2007 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to the Publications Bureau (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland. The International Labour Office welcomes such applications. Libraries, institutions and other users registered in the United Kingdom with the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP [Fax: (+44) (0)20 7631 5500; email: [email protected], in the United States with the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923 [Fax: (+1) (978) 750 4470, email: [email protected]] or in other countries with associated Reproduction Rights Organizations, may make photocopies in accordance with the licenses issued to them for this purpose. ___________________________________________________________________________________________ ILO International Labour Standards on Migrant Workers’ Rights: Guide for Policymakers and Practitioners in Asia and the Pacific Bangkok, International Labour Office, 2007 English edition Print: ISBN 978-92-2-120246-2, Web pdf: ISBN 978-92-2-120247-9, CD Rom: ISBN 978-92-2-120248-6 Cambodian edition Print: ISBN 978-92-2-820249-6, Web pdf: ISBN 978-92-2-820250-2, CD-Rom: ISBN 978-92-2-820251-9 Laotian edition Print: ISBN 978-92-2-820252-6, Web pdf: ISBN 978-92-2-820253-3, CD-Rom: ISBN 978-92-2-820254-0 Thai edition Print: ISBN 978-92-2-820246-5, Web pdf: ISBN 978-92-2-820247-2, CD-Rom: ISBN 978-92-2-820248-9 ___________________________________________________________________________________________ The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Funding for this publication was provided by the Government of Japan and the ILO. Catalogues and lists of recent and forthcoming ILO books are available free of charge from the same address. ILO publications can also be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland; email: [email protected]. For information on how to obtain this publication, contact: ILO Regional Office for Asia and the Pacific 11th Floor, United Nations Building, Rajdamnern Nok Avenue Bangkok 10200, Thailand Fax: +66 2 280 1735, 288 3062 E-mail: [email protected]. For the web version of this publication, visit our website: www.ilo.org/asia/library/pub15.htm. ___________________________________________________________________________________________ Cover photo credits: ILO Subregional Office for East Asia, ILO-IPEC, Mekong Subregional Project to Combat Trafficking in Children and Women, ILO/DCOMM Cover design and layout: Asia Document Bureau Ltd. Printed in Thailand CONTENTS Preface vii Chapter 1 Introduction 1 1. Global labour migration 1 2. Push and pull factors of migration 1 3. Benefits and costs of migration 2 4. Labour migration trends in Asia 2 5. How international standards help migrant workers 3 6. Aims of the Guide 4 7. Contents of the Guide 5 Chapter 2 A Fair Deal for Migrant Workers 7 1. Who are ‘migrant workers’? 7 2. Migrant workers and international labour standards 8 2.1 International labour standards on migration 9 2.2 Fundamental Principles and Rights at Work 9 3. Equality at work and discrimination 10 3.1 What is equality at work? 10 3.2 What is discrimination? 11 3.2 What is not discrimination? 12 3.3 What is positive action? 12 4. Racial and ethnic discrimination against migrant workers 13 5. Gender dimension of migration 14 5.1 Feminization of migration 14 i 5.2 Gender discrimination in the labour market 15 5.3 Vulnerabilities of women migrant workers 15 5.4 Mainstreaming gender into migration policies 17 6. Protection of indigenous and tribal peoples 18 Chapter 3 Migrant Workers’ Rights 21 1. Fundamental principles and rights at all stages of migration 21 1.1 Trade union rights 21 1.2 Freedom from forced labour 22 1.3 Freedom from child labour 23 1.4 Freedom from discrimination 23 2. Pre-departure and during the journey 24 2.1 Information about working and living conditions 24 2.2 Recruitment 25 2.3 Contracts 26 2.4 Facilitated departure 27 2.5 Medical care 27 2.6 Free travel 27 3. On arrival 28 3.1 Customs exemption 28 3.2 Assistance in finding suitable employment 28 3.3 Settling in 29 4. During employment 29 4.1 Remuneration 29 4.2 Working conditions 30 4.3 Health and safety 31 4.4 Employment opportunities and freedom to change jobs 32 4.5 Job security 33 4.6 Job promotion 33 4.7 Access to other jobs and vocational training 33 4.8 Social security 33 4.9 Housing 34 4.10 Access to remedies in law 35 4.11 Freedom of movement 35 4.12 HIV/AIDS 35 5. Social and civil rights in host country 36 5.1 Citizenship and property rights 36 5.2 Education and culture 36 5.3 Transfer of funds to home country 37 ii 5.4 Family reunification and visits 37 5.5 Social services 37 6. Return and repatriation 37 6.1 Grounds of repatriation 38 6.2 Appeal against arbitrary decision 38 6.3 Travel costs 38 6.4 Rights of returning migrants in country of employment 38 6.5 Rights of returning migrants in home country 38 Chapter 4 The ILO and International Labour Standards 41 1. What is the ILO? 41 1.1 The International Labour Conference 41 1.2 The Governing Body 42 1.3 The International Labour Office 43 2. What are international labour standards? 43 3. How are international labour standards developed? 44 4. How are international labour standards applied? 44 5. What is ratification? 44 6. Process of dialogue and access to the ILO 45 7. Where can I get more information on the ILO standards? 46 Chapter 5 Application of International Labour Standards 47 1. Regular supervision (reporting system) 47 1.1 Reports by governments 47 a. Periodic reports 47 b. Special reports 48 1.2 Reviews of reports by governments and follow-up 48 a. The Committee of Experts on the Application of Conventions and Recommendations (CEACR) 48 b. The Conference Committee on the Application of Standards 49 2. Complaint procedures 49 2.1 Representations under Articles 24 of the ILO Constitution 50 2.2 Complaints under Articles 26 – 34 of the ILO Constitution 51 2.3 Complaints on violations of freedom of association 52 iii 3. The ILO Multilateral Framework on Labour Migration 53 4. Practical guidelines to protect the rights of migrant workers 56 4.1 Role of governments 56 4.2 Role of employers’ organizations 58 4.3 Role of trade unions 58 4.4 Role of other civil society organizations 59 Endnotes 60 Annexes 65 Annex 1: International labour standards relevant to migrant workers 65 Annex 2: Bibliography and resource materials 68 Annex 3: Ratification status of migrant workers Conventions 71 Annex 4: General Observation of the Committee of Experts on the Application of Conventions and Recommendations (2001), Forced Labour Convention, 1930 (No. 29) 75 Annex 5: Examples of CEACR observations and direct requests to governments 76 Annex 6: Glossary of terms 87 List of Boxes Box 1: Refugee and victim of trafficking in persons 8 Box 2: Fundamental Principles and Rights at Work and concerned Conventions 10 Box 3: Sex, race, religion and inherent requirements of the job 12 Box 4: What is positive action and why is it needed? 13 Box 5: Excerpts from the Durban Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance 14 Box 6: Domestic workers 16 Box 7: What is gender mainstreaming? 17 Box 8: How international standards protect migrant workers from discrimination: An example from the USA 24 Box 9: Vulnerabilities at recruitment, pre-departure and during the journey 25 Box 10: Private employment agencies and migrant workers 26 Box 11: Employment contract 27 Box 12: No mandatory testing 28 Box 13: Vulnerabilities while working and living abroad 29 Box 14: Remuneration 30 Box 15: Maternity protection: A right denied to most women migrant workers 31 Box 16: Violence against migrant workers 31 Box 17: Occupational safety and health (OSH) 32 iv Box 18: How international standards protect the right to social security of migrant workers: An examples from the Philippines 34 Box 19: Housing 34 Box 20: Role of labour and social welfare attaches in assisting migrant workers: An example from the Philippines 36 Box 21: ILO structure 42 Box 22: Ratification process 45 Box 23: General Survey on Conventions and Recommendations 48 Box 24: Supervision of the Application of International Labour Conventions and Recommendations 50 Box 25: Example of a representation lodged under Article 24 51 Box 26: Example of a complaint lodged under Articles 26 and 33 52 Box 27: Examples of complaints for violations of freedom of association 54 Box 28: Complaint procedures 55 v PREFACE igration for work is becoming an increasingly permanent feature of today’s labour markets.
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