the rights of migrant workers seoul november 2010
TRANSCRIPT
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The rights of Migrant Workers
How ILO standards can make a
differenceLuc Demaret
ILO Bureau for Workers Activities
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Key Messages
Migrant workers are titular of rights
ILO standards make a difference
ALL ILO Conventions apply to MigrantsSpecific Conventions (97 and 143) go
beyond mere protection: sound
migration policies.Migration is a labour issue
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ILO Fundamental
Conventions
Freedom of Association (C87, C98)
Non-discrimination (C100, C111)
Eradication of Child Labour(C138,C182)
Prohibition of forced labour (C29,C105)
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ILO Migrant Workers
Conventions
Migration for Employment Convention
(Revised) No.97, 1949
49 ratificationsMigrant Workers (Supplementary
Provisions) No. 143, 1975
23 Ratifications
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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
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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/AIDtesting
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ILO Convention 143
Full title:
Convention concerning Migrations in
abusive conditions and the Promotionof Equality of Opportunity and
Treatment of migrant workers
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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
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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.
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ILO Convention 143 Part II
Part II applies ONLY to regularly admittedmigrants:
Provides for
Equal opportunity, eliminating discriminationin practice
Migrants should be allowed to changeemployers
Family reunification Regularisation(not explicit but a policy option)
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The impact of ILO
Standards
They cover many trade union concerns
Ratification can make a difference
Trade unions should campaign forratification
ILO Supervisory mechanisms are
unique
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The three pillars of rights-
based approach
Convention 97
Convention 143
International Convention on the Rightsof All Migrant Workers and Members of
their Families (the UN Convention)
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The UN Convention
Builds upon ILO Convention
Wider coverage
Seeks to discourage irregular migrationSeeks to protect vulnerable migrants
Covers every type of migrants
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Promoting the rights-based
approach
ILO and UN Conventions complement each other
A Unique source of protection for both migrant andnational workers
Once ratified make a difference
Limit governments appetite for constant changes inmigration policies
Together they contribute to maximize benefits ofmigrations for all.
It is now up to trade unions to campaign for ratificationand implementation!
Thank you