International Human Rights Law

1. Happy Human Rights Day! International Human Rights Law

2. 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 - International system

3. 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 Human rights law sources

4. 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) Core International Human Rights treaties

5. 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? Application of HR Treaties

6. 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 International convention on MW

7. 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! INT’l Convention ON MW

8. 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 STRUCTURE OF Convention

9. Does not relieve migrant workers from complying with laws of countries concerned Does not imply the regularization of undocumented migrant workers Article 34-35

10. 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 Other rights for documented mW & families

11. 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 Part VI: Migration

12. 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 Other hr Treaties

13. 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 CEDAW Recommendations

14. 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 Countries of origin Cont’D

15. 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 Countries of Destination

16. 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. Countries of destination