What Maybe Done to Advance Migrant Rights Awareness
Towards Self-empowerment
Ricardo R. Casco
International Labour Organization - Manila Self-empowerment is the state when human rights are not only understood but exercised, asserted and defended responsibly, within the context of an independent value system anchored on the principle of equality. The forces driving migration are many and complex, and global explanations simply may not apply to individuals. These elements imply that a migrant worker must, first and foremost, know his rights in his peculiar situation and from this knowledge, assume the will to use them to achieve or approximate the peak potential of his/her human development.
Knowledge of migrant’s rights is often acquired through the guidance, advocacy and other interventions of human rights champions, mostly among NGO’s and members of the civil society, and through the exercise of State authority.
A human rights-based approach to labor migration governance, whether at the national, regional or international level, was the prominent theme in the 92nd Session of the International Labour Conference. Human rights protection of migrant workers and their families is ultimately evidenced when they are enabled to overcome their vulnerabilities and/or have access to crisis support services efficiently when abused.
Vulnerabilities of Migrant Workers to Human Rights Abuses:
Global Labor Market Controlled by Recruiters
ILO instruments recommend bilateral agreements as a means of regulating migration because in the 1950s & 60’s, State authorities played a dominant part in the recruitment of migrants. Today the international mobility of workers is increasingly in the hands of private fee-charging recruitment agencies and labor brokers. In the International Labour Migration (ILM) Survey conducted by the ILO in 2003, it is reported that the recruitment industry worldwide has been responsible for a number of unethical practices which drew irregular migration or other hardships to would-be and actual migrants (ILC Report VI, 2004).
Majority of Migrant Workers in Low-skilled Jobs
Migrant workers are concentrated in labor markets that are sometimes characterized as the “bargain basement” of globalization. Most are employed in low-skills services, agriculture and labor-intensive manufacturing held by employers who are small enterprises who are “price-takers,” having on influence on the pricing of their products and services. (Ibid)
Growth of Informal Sector in Developed Economies
In some migrant labor markets, small and medium-sized companies and labor-intensive sectors who are unable to relocate abroad resort to hiring cheaper migrant workers, preferably those with irregular status, for cheaper labor costs. (P.A. Tran: Globalization, migration and Role of Law, Sept. 2003)
Lack of Freedom of Association and Bargaining Rights
While this fundamental right in the world of work is of particular importance to migrant workers, many host countries prohibit the exercise of this right on the ground of national culture, tradition or laws.
Persistent Discrimination in the Workplace
Different types of discrimination against migrants persist in the workplace. Other than their innate handicaps –the language and cultural barriers, for example, migrants are largely excluded from labor law coverage, wage protection and social security programs. Workers of irregular status are often treated merely as “police and immigration cases.” Health conditions such as those with HIV status have increasingly become discrimination issues among migrants.
Inefficiencies of Crisis Support Systems
Abused migrant workers expect services from State infrastructure which are often plagued with resource scarcities, inefficiencies and corruptive practices. While migrants resort to NGO’s & civil society institutions, their acts cannot be isolated to be effective and therefore often require cooperation with government. In some cases, the adversarial relationship of State authorities and NGO’s fails to provide the expected assistance.
Areas for Possible Positive Action:
• State authorities asserting direct handling or closer supervision of the recruitment of migrant workers, especially those in vulnerable occupations.
• Inventing a stake-building program for the human rights appreciation of recruitment industry;
• Skills training for migrant workers, with both technical and knowledge-based skills, relevant to the occupation;
• Trade unions developing tools for organizing migrants and building their capability towards unionism;
• Establishing greater cooperation and interaction between trade unions & migrant NGOs;
• Establishing genuine, constructive partnership between Governments on one side and NGOs, migrant worker organizations, trade unions and civil society groups on the other;
• Understanding and utilizing existing policy-making structure for sector representation (for example, the Sub-Committee on Labor Migration of the Tripartite Industrial Peace Council, the POEA & OWWA Governing Boards, etc.);
• Developing shared vision, mission or purpose in the protection of human rights at national level while appreciating complementation of sector roles;
• Enabling or assisting distressed/abused migrant workers in filing their complaints & grievance in legal form and understanding/observing the due process;
• Utilizing the justice system of host countries & engaging host governments’ responsibility;
• Streamlining the Civil Service to facilitate access to services and ensure integrity;
• Enabling an integrated approach to managing migration by arresting the worst forms of migrant worker vulnerability and workplace abuse imposed by poverty and ignorance; and
• Adopting the Elements for a Sound Migration Policy and Administration concluded in Report VI titled Elements for a Sound Migration Policy and Administration of the ILC, 2004.
|
