Happy Human Rights Day!

IGOS – Intergovernmental Organizations/ International Governmental Organizations UN - The United Nations. (ILO specialized UN Agency) IOM – International Organization for Migration ADB – Asian Development Bank ASEAN – Association of South East Asian Nations

INGOs – International Non-Governmental Organizations

(IRC - International Rescue Committee, MSF - Médecins Sans Frontières (Doctors Without Borders), AI - Amnesty International)

GOs- Governmental Organizations - NGOs- Non-Governmental Organizations -

Charter- Based Law from the United Nations Charter, applies to all

members of UN Treaty-Based Law

Must Join the Treaty Sign = will not go against“object & purpose” of

treaty Ratify = Consent/Agree to the Treaty Reservations to Articles – exceptions/disagree

International Covenant on Civil and Political Rights (ICCPR)

International Covenant on Economic, Social and Cultural Rights (ICESCR)

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

Convention of the Rights of the Child (CRC) Convention Against Torture (CAT) International Convention of the Protection of

the Rights of All Migrant Workers and Members of their Families (ICMW)

All persons in “territory” Non- Discrimination Clause:

Without discrimination of any kind as to “sex, race, color, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status.”

Why special treaty for women? race? migrants?

Problems: Illegal Transportation of workers Exploitation of Workers “in conditions akin

to slavery and forced labour” Discriminatory Treatment of Migrant

Workers in Host States “Reinforces and Complements” –

provisions in main HR Treaties Only 42 Ratifications, 15 signatories

Minimum Standards apply migrant workers and families, IRRESPECTIVE of their migratory status

Preamble: Irregular migrants are frequently exploited and face serious human rights violations

Not only to address movement & trafficking of migrants, but ensure protection of their human rights

Comprehensive – Covers Everything!

PART 1: Scope & Definitions Without Distinction, ENTIRE Migration Process FAMILIES included.

PART 2: Non-Discrimination Clause PART 3: HR of all Migrants PART 4: Additional Rights for Migrants

Documented/Regular PART 5: Particular Categories PART 6: Promotion of sound equitable,

human and lawful conditions in connection with int’l migration

Does not relieve migrant workers from complying with laws of countries concerned

Does not imply the regularization of undocumented migrant workers

Art 39: Freedom of movement in Country of Employment & Freedom to Choose their Residence

Art 40: Form associations and trade unions Art 41: Participate Public Affairs in Country

of Origin (Vote) Art 44: Protect the unity of families of MW Art 45: Equality of Treatment with Nationals

for education, social & health services, and access to participation in cultural life

Emphasizes Cooperation between Countries

Services for : policy making and implementation Exchange of information Provision of Consular Services and other

services for MW Address irregular migration and

considerations for programs to regularize Human Dignity

HRC: no discrimination between aliens and citizens in application of ICCPR

CERD: eliminate discrimination against non-citizens “education for all” –open to non-citizens and

children of undocumented Working conditions and work requirements Non-citizen DW: debt bondage, passport

retention, illegal confinement, rape and physical assault

ILO – Conventions CEDAW – General Recommendation on

Migrant Women

COUNTRIES OF ORIGIN • Lifting Discriminatory Bans or

Restrictions on Migration • Education & Awareness Raising (Pre-

Departure) • Regulations & Monitoring Systems

(Employment Agencies) • Health Services Respectful of HR of Women

• Voluntariness (Not mandatory), free or affordable services, stigmatization

Travel Document - equal & independent access

Legal Assistance – review contracts Safeguard Remittances Facilitate Right to Return Services upon return – reintegration Diplomatic & Consular Protection –

interpreters, medical care, counseling, legal aid, shelter

Lifting discriminatory bans and restrictions on immigration

Legal protection of rights of MW DW & Sex workers in Labour Laws

Access to Remedies –making complaint, taking a case, free legal aid, temporary shelters

Freedom of Movement – employers/recruiters do not confiscate travel documents, train police needs of Women MW who are secluded

Non-discriminatory regulations: allow legal stay if flee abusive employer or husband

Training and Awareness Raising for recruitment agencies, state employees, law enforcement, social services

Monitoring Systems – recruitment and employment

Access to Services – language and culture Detention – esp. pregnant & breast-

feeding Social Inclusion Undocumented Women –vulnerable to

exploitation, protect all said rights.