What are the international migration law for migrant workers?  

Labour migration known as workforce migration, refers to the movement of people from one region or country to another for employment. This migration can be temporary or permanent and involves individuals or groups seeking better economic opportunities, higher wages, improved working conditions, or job availability.  Migration occurs worldwide under international migration law which is universally accepted by sending and receiving countries. International migration law is the chapter of international law that deals with the movement of persons across borders. The migration law introduces the general and specific legal norms that have to be applied to such movement. It outlines the international principles and rules that specify the rights and duties of states in the area of migration, as well as the rights and duties of migrant workers.

International migration law has been composed of several branches of international law. It requires different international laws that have been developed and adopted by states. Migrant workers are right holders, like all human beings, entitled to the ‘rights of migrant workers’ under international, regional, and national law. Since they are rights holders, they have also duties and responsibilities to abide by the rule of law and respect the national laws and regulations of transit and destination countries, which states have the sovereignty to establish. International laws and standards for labor migration are established to provide a framework for the fair treatment of migrant workers, protect their rights, and promote ethical recruitment and employment practices globally.

The role of international migration law for migrant workers is complex and frequently misinterpreted due to the dual nature of migration questioned to both domestic and international concerns. International migration law presupposes a triangular relationship between a migrant, a state of origin, and a state of destination.  International migration law refers to the body of international laws, agreements, and conventions that govern the movement of people across borders, including migrant workers. These laws aim to protect the rights and well-being of migrants, ensuring they are treated fairly and equitably. Several key international instruments specifically address the rights and protections of migrant workers. Here are some important aspects of international migration law for migrant workers:

1. International Labour Organization (ILO) Conventions:

The International Labour Organization (ILO) has established several fundamental conventions that apply to all workers, including migrant workers. These conventions set out basic principles and rights at work, ensuring fundamental labor rights are protected universally. While migrant workers benefit from these fundamental conventions, specific conventions directly addressing migrant workers include ILO Convention No. 97 and ILO Convention No. 143. These Conventions set international standards for the treatment of migrant workers, covering areas such as employment conditions, social security, and protection from exploitation. The fundamental conventions of the ILO cover areas such as freedom of association, forced labor, child labor, and discrimination in employment. These conventions apply universally and impact labor migration indirectly by ensuring basic labor rights.

1.1.  ILO Convention No. 97 – Migration for Employment Convention (1949): This convention addresses migration for employment, including the conditions under which migrant workers are recruited, their terms of employment, and their protection while abroad. This convention establishes the principle of equal treatment for migrant workers and national workers, ensuring their fair treatment and protection in the host country.  Here are key provisions of the convention No. 97 for migrant workers.

• Migrant workers should be treated equally with national workers concerning labor rights and social security.
• Governments should cooperate to promote sound, equitable, and humane conditions in the employment of migrant workers.
• Protections regarding wages, benefits, and working conditions are provided for migrant workers.

1.2.  ILO Convention No. 143 – Migrant Workers (Supplementary Provisions) Convention (1975): This convention supplements Convention No. 97, and provides additional protections and rights for migrant workers and their families. It strengthens the protections provided in Convention No. 97, emphasizing the need for non-discrimination, social services, and legal support for migrant workers and their families. Both conventions are part of the ILO’s fundamental principles and rights at work and play a crucial role in ensuring the fair and ethical treatment of migrant workers. Countries that ratify these conventions commit to upholding the rights outlined within them, providing a foundation for the protection of migrant workers globally. However, it’s important to note that not all countries have ratified these conventions, and the effective implementation of these principles varies across nations. Key provisions of Convention No-143 are mentioned below.

• Migrant workers’ families have access to basic social services, regardless of their legal status in the host country.
• Migrant workers and their families are entitled to protection against discriminatory practices.
• Migrant workers are ensured access to legal and administrative services to address disputes and grievances.

2. United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW):

The United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) is a comprehensive international treaty adopted by the United Nations General Assembly in 1990. It specifically focuses on safeguarding the rights and well-being of migrant workers and their families, aiming to ensure their fair treatment and protection under the law. It outlines their rights before, during, and after migration, emphasizing fair and ethical treatment.

The convention defines a migrant worker as “a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a State of which he or she is not a national.” This convention focuses on safeguarding the rights and well-being of migrant workers and their families. Although the ICRMW is a significant international instrument for protecting the rights of migrant workers, not all countries have ratified it. However, its principles are widely recognized as fundamental human rights standards.

1. Protection of Rights: The convention outlines the rights and protections to be afforded to migrant workers, regardless of their migration status. These rights include labor rights, social security, access to justice, and protection against violence and exploitation.
2. Non-Discrimination: The convention prohibits discrimination based on the migrant worker’s nationality, race, sex, religion, or other similar criteria. Migrant workers and their families are entitled to the same rights and protections as nationals of the host country.
3. Family Unity: The convention emphasizes the importance of preserving the unity of the migrant worker’s family, including the right to be reunited with family members.
4. Humane Treatment and Legal Protections: Migrant workers are entitled to humane treatment, protection against violence, and access to legal remedies and fair legal proceedings.
5. Social Services and Health Care: Migrant workers and their families have access to social and health services on the same basis as nationals of the host country.
6. Remittances: Migrant workers have the right to transfer their earnings and savings to their home country.
7. Return of the Migrant Worker: Migrant workers have the right to return to their home country, and host countries are obliged to facilitate their return in a safe and orderly manner.

3. United Nations Guiding Principles on Business and Human Rights:

The United Nations Guiding Principles on Business and Human Rights (UNGPs) is a framework that sets out the roles and responsibilities of states and businesses in respecting, protecting, and fulfilling human rights. The UNGPs were unanimously endorsed by the United Nations Human Rights Council in 2011 and were developed by the UN Special Representative on Business and Human Rights. These principles set the framework for businesses to respect human rights, including the rights of migrant workers, in their operations and relationships. They highlight the responsibility of businesses to prevent and address adverse human rights impacts. The UNGPs apply to all states and all businesses, regardless of their size, sector, location, ownership, or structure. They are considered a global standard for preventing and addressing business-related human rights abuses. There are three key principles of the UNGPs that are globally recognized in the field of migration.

1. State Duty to Protect: States must protect human rights against abuses by third parties, including businesses. This includes preventing, investigating, punishing, and redressing human rights abuses committed by businesses.
2. Corporate Responsibility to Respect: Businesses have a responsibility to respect human rights, meaning they must avoid infringing on the human rights of individuals and address adverse human rights impacts with which they are involved.
3. Access to Remedies: Victims of business-related human rights abuses should have access to effective remedies. This may involve judicial, non-judicial, or other grievance mechanisms, either judicial or non-judicial, that provide adequate and effective redress for individuals and communities affected by business activities.

4. Global Compact for Safe, Orderly, and Regular Migration (GCM):

The Global Compact for Safe, Orderly, and Regular Migration (GCM) is a comprehensive international agreement on migration governance that was adopted by the United Nations General Assembly on December 19, 2018. It represents a significant step towards a common understanding of the challenges, opportunities, and responsibilities involved in international migration. The GCM is a landmark agreement that fosters international cooperation and dialogue on migration issues. It provides a framework for a more predictable, safe, and responsible migration process globally, recognizing the benefits of well-managed migration for both countries of origin and destination, as well as for migrants themselves. The following are key principles GCM.

1. Sovereignty and Human Rights: Uphold the sovereignty of states and recognize the human rights of migrants, regardless of their migration status, and respect for the rule of law, due process, and the dignity and human rights of all migrants, regardless of their background or nationality.
2. Non-Discrimination and Gender-Sensitivity: Eliminate all forms of discrimination and promote evidence-based public discourse to shape perceptions of migration, ensuring that migration policies are sensitive to gender and promote gender equality.
3. Addressing Drivers of Migration: Address the root causes of migration, such as poverty, inequality, and conflict, to create conditions for safe, orderly, and regular migration. Promoting sustainable development and poverty reduction to mitigate the need for individuals to migrate involuntarily.
4. Humanitarian Response and Assistance to Migrants in Vulnerable Situations: Enhance the availability and flexibility of pathways for regular migration and facilitate access to basic services for migrants. And provide humanitarian assistance and access to essential services for migrants in vulnerable situations, regardless of their migration status.
5. Cooperation and Coordination:  Enhance international cooperation on migration issues, including sharing information and collaborating on border management. Strengthening regional and global partnerships to address migration challenges collectively.
6. Sustainable Development: Ensure that migration contributes positively to sustainable development in both countries of origin and destination. Integrating migration into development planning, recognizing the positive contributions migrants make to economies and societies.

5. Regional Agreements and Organizations:

Regional agreements and organizations play a significant role in governing the rights and protections of migrant workers within specific regions. These agreements often focus on harmonizing policies, ensuring fair treatment, and facilitating the movement of labor across borders. Various regional agreements, such as the European Union Directives on Labour Migration, establish common standards and regulations for labor migration within specific regions. Regional organizations like the Gulf Cooperation Council (GCC) also have frameworks addressing labor migration issues.

Similarly, the European Union EU has several directives and regulations governing the rights of migrant workers across member states. The EU promotes the free movement of workers and establishes common standards for labor rights and social protection. In the same way, there are many regional agreements and organizations, including,  ASEAN Economic Community (AEC),  African Union (AU), Organization of American States (OAS), Cooperation Council for the Arab States of the Gulf (CCASG), Asia-Pacific Economic Cooperation (APEC), Common Market for Eastern and Southern Africa (COMESA), and Caribbean Community (CARICOM) in the world. These regional agreements and organizations contribute to the development of common standards and policies that protect the rights of migrant workers, facilitate legal migration, and address challenges related to labor mobility within their respective regions. They also promote cooperation among member states to enhance the overall well-being of migrant workers.

6. Bilateral Agreements:

Countries often enter into bilateral agreements to govern labor migration between them. These agreements outline the rights and responsibilities of both sending and receiving countries, ensuring the fair treatment of migrant workers.  Bilateral agreements for migrant workers are agreements made between two countries to regulate the flow of migrant labor between them. These agreements are essential for protecting the rights of migrant workers and ensuring that both sending and receiving countries agree on terms and conditions related to employment. Bilateral agreements typically cover areas such as labor rights, social security, wages, working conditions, and legal protections. Bilateral agreements are crucial for safeguarding the rights and well-being of migrant workers and promoting mutually beneficial relationships between sending and receiving countries. These agreements help prevent exploitation, promote fair treatment, and contribute to the development of both the countries involved.  Here are some key aspects of bilateral agreements for migrant workers:

1. Worker’s Rights and Protections: Bilateral agreements outline the rights and protections afforded to migrant workers, including non-discrimination, equal treatment with national workers, and access to legal remedies in case of disputes.
2. Employment Conditions: Terms of employment, including working hours, wages, benefits, and other employment conditions, are specified in bilateral agreements to ensure fair treatment and prevent exploitation.
3. Social Security and Benefits: Bilateral agreements often address social security arrangements, including access to healthcare, pensions, and other benefits, ensuring that migrant workers receive adequate social protection.
4. Legal Protections and Dispute Resolution: Legal protections, such as protection from arbitrary dismissal and access to legal representation, are outlined. Mechanisms for resolving disputes related to employment are also established.
5. Recruitment and Placement: Bilateral agreements may include regulations related to recruitment and placement agencies, ensuring ethical recruitment practices and preventing fraudulent activities.
6. Family Reunification: Provisions for family reunification, allowing migrant workers to bring their families to the host country, may be included in bilateral agreements.
7. Return and Reintegration: Agreements may specify the procedures for the voluntary return of migrant workers to their home country and support for their reintegration, including access to employment and social services.
8. Training and Skill Development: Bilateral agreements might include provisions for training and skill development programs for migrant workers, enhancing their employability and contributing to their home country’s development.
9. Regularization of Status: Procedures for regularizing the status of undocumented or irregular migrant workers may be outlined, ensuring their legal recognition and protection under the law.

7. International Organization for Migration (IOM) Principles:

The International Organization for Migration (IOM) provides guidance and principles for the protection and well-being of migrants, including migrant workers. While the IOM does not have legally binding international instruments, it has developed principles and guidelines that promote ethical recruitment, fair treatment, and the protection of migrant workers’ rights. The IOM has established principles and guidelines related to migration management, focusing on human rights, labor standards, and the protection of migrants, including migrant workers.  These principles guide IOM’s initiatives and partnerships with governments, international organizations, and civil society to promote the rights and well-being of migrant workers worldwide. They reflect the commitment to creating safe and respectful environments for migrants, upholding their dignity and human rights throughout their migration journeys. Here are some key principles outlined by the IOM concerning migrant workers:

1. Ethical Recruitment: Ethical recruitment practices should be promoted, ensuring transparency, informed decision-making, and protection against fraudulent recruitment practices. IOM emphasizes the importance of fair and ethical recruitment processes, protecting migrants from exploitation and abuse during the recruitment phase.
2. Protection of Rights: Migrant workers, irrespective of their migration status, should enjoy full protection of their human rights and labor rights. IOM advocates for the protection of migrant workers’ rights, emphasizing non-discrimination, access to justice, and effective remedies in case of abuse.
3. Social Integration and Inclusion: Migrants should be socially integrated and included in the communities where they live and work. IOM works to promote social inclusion, helping migrants access education, healthcare, and other essential services, and fostering a sense of belonging.
4. Health and Well-being: Migrant workers are entitled to accessible, affordable, and quality healthcare services. IOM supports programs that provide migrants with healthcare services, including prevention, treatment, and psychosocial support.
5. Family Reunification: Migrant workers should have the opportunity to be reunited with their families, promoting family cohesion. IOM supports family reunification programs and advocates for policies that facilitate the reunification of migrant workers with their families.
6. Community Engagement: Migrants should be engaged in community activities and decision-making processes, promoting social cohesion. IOM encourages community engagement, empowering migrants to participate in local initiatives and contribute positively to their communities.
7. Capacity Building and Awareness: Governments, employers, and civil society should be educated and aware of the rights and vulnerabilities of migrant workers. IOM conducts training programs and awareness campaigns to enhance the capacity of stakeholders, ensuring they understand and respect migrant workers’ rights.

8. United Nations Sustainable Development Goals (SDGs):

The Sustainable Development Goals (SDGs), established by the United Nations in 2015, are a universal call to action to end poverty, protect the planet, and ensure prosperity for all. Several of the SDGs are particularly relevant to migrant workers, addressing the challenges they face and aiming to improve their living and working conditions. The SDGs, particularly Goal 8 (Decent Work and Economic Growth), emphasize the need for decent work for all, including migrants. Achieving this goal involves respecting labor standards and ensuring fair employment practices.

Efforts to achieve these SDGs can significantly improve the lives of migrant workers, ensuring their rights, safety, and dignity are respected, and providing them with opportunities for social and economic integration in their host countries. Additionally, these efforts can contribute to the development and well-being of communities both in the countries of origin and destination. Here’s how some of the SDGs are related to the well-being and rights of migrant workers:

1. SDG 1- No Poverty: Migrant workers often come from impoverished backgrounds. Ensuring decent work and fair wages can help alleviate poverty among migrant workers and their families.
2. SDG 3 – Good Health and Well-being: Migrant workers should have access to affordable and quality healthcare services, promoting their well-being and addressing health-related challenges.
3. SDG 4- Quality Education: Access to education for the children of migrant workers ensures their proper development and integration into the host society, breaking the cycle of poverty.
4. SDG 5- Gender Equality: Migrant women workers often face unique challenges. Ensuring gender equality in employment, wages, and opportunities is essential for empowering female migrant workers.
5. SDG 8-Decent Work and Economic Growth: Migrant workers should have access to safe and secure employment, fair wages, and social protection, aligning to promote decent work and inclusive economic growth.
6. SDG 10- Reduced Inequalities: Migrant workers are often vulnerable to exploitation and discrimination. Reducing inequalities, ensuring equal treatment, and combating discrimination are crucial for the well-being of migrant workers.
7.  SDG 16- Peace, Justice, and Strong Institutions: Ensuring access to justice, combating human trafficking, and protecting the rights of migrant workers through strong legal frameworks are vital components of SDG 16.
8. SDG 17- Partnerships for the Goals: International cooperation, partnerships between countries of origin and destination, and collaboration with non-governmental organizations are essential to address the challenges faced by migrant workers globally.

Conclusion

The international laws and standards provide a foundation for countries and organizations to create policies and practices that uphold the rights and dignity of migrant workers, fostering ethical labor migration practices globally. However, challenges remain in ensuring the effective implementation and enforcement of these standards across countries and regions. International cooperation and commitment are essential to address these challenges and create a more just and equitable environment for migrant workers worldwide.  It’s important to note that while these international laws and agreements exist, challenges often arise in the implementation and enforcement at the national level. Effective protection of migrant workers’ rights requires a strong commitment from governments, international organizations, employers, and civil society to ensure the consistent application of these principles in practice.

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