Migrants Rights Defense and Education
Fr. Graziano Battistella was the resource person for this workshop. He provided a brief introduction of the subject after which a discussion followed.
Relevance
For the protection of migrant workers especially outside the country and of their families, a discussion on migrants rights defense and education is very important. It revealed that not only migrant rights conventions are useful but other instruments like Conventions on the Elimination of all Forms of Discrimination Against Women (CEDAW), ILO conventions, laws of receiving countries, etc. can be used in promoting rights of migrant workers and their families.
Insight
The group pointed out that the trade union-migrants can link up in promoting migrant rights. The Kuala Lumpur trade unions; migrant conferences; publications can be maximized for the same purposes.
The group recognized the importance of migrants’ organizations; NGOs and churches as they continue to advocate and support migration issues. They pointed out that there is a need to maximize these multisectoral links to promote migrant rights.
They also identified the problem of enforcement of laws or conventions. The insensitive embassies and consulates are not very helpful in addressing migrant concerns. In addition there should be not only awareness, empowerment/organizing but also working out migrant representation and participation in formulating/implementing policies that affect them. There should be a policy of inclusion.
The problem of irregular migrants is mentioned by the group. This is an urgent concern but not to forget that we can and should assert their rights even if they are irregulars. They do not have the voice to speak so they need other people to speak for them. How to regularize them is an issue.
The group mentioned that the women domestic workers’ rights can be asserted as in the United Kingdom and Canada thru NGOs and migrant cooperation.
It is also important to prepare for and advocate against forced repatriation campaigns; an example would be the experiences in Malaysia.
Recommendations
Maximizing or building jurisprudence (court decisions) for migrant workers in receiving and sending countries must be worked at. Seafarers always resort to court but land based workers especially domestic workers do not bring their cases to court because of various reasons. Lawyers can compile jurisprudence. They can coordinate and strengthen links with foreign lawyers and improve sharing of jurisprudence to maximize court decisions, although this may take a lot of time.
The group recommended that education, whether formal or informal, on migrant rights in the country and abroad must be organized. It would be advisable to maximize the United Nation World Program on Human Rights Education up to 2007.
Maximizing the ASEAN as venue for multilateral cooperation in pushing for migrant rights, advocating that they put migration on the agenda and ratification of the UN Migrant Rights Convention and ILO conventions was suggested.
It was also recommended coming out with alternative or shadow reports to the Committee in the Migrant Rights Convention.
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