Post 2015: Global Action for an Inclusive and Sustainable Future

labour organization (Ilo) refers to as a rising
global trend in work-related migration, such as
growing irregular migration in the face of rising
cross-border barriers to labour mobility, problems
with the protection of human and labour rights
and migrants’ exposure to abuse and exploitation.
the multilateral Framework draws on the Ilo’s
flagship programme on decent work (basnett, 2012)
and is based on standards already contained in Ilo
conventions. monitoring mechanisms on migrants’
rights of treatment include the Ilo committee
of Experts on the application of Standards and
recommendations (cEacr), which supervises the
Ilo conventions, and the un committee on the
protection of the rights of all migrant Workers
and members of their Families.
9.4.1 United Nations Convention on
the Rights of All Migrants
the united nations International convention on
the protection of the rights of all migrant Workers
and members of their Families (cmW) establishes
universal economic, social and cultural rights and
certain civil and political human rights pertaining
to migrant workers and their families. It dates back
to 1976, when the united nations’ Economic and
Social council (EcoSoc) raised concerns about
illicit and clandestine labour migration and the
discriminatory treatment of migrant workers in
host countries (basnett, 2012). While reaffirming
core human rights, the convention also recognises
rights that are specific to the context of migrant
workers and their families. 141
Its effectiveness in upholding the rights of migrant
workers has been constrained by slow ratification
– only 46 out of a total of 193 countries have done
so (basnett, 2012). countries that have ratified
are mostly sending countries, while respect for
the rights of labour migrants is likely to be more
important in receiving countries. a number of the
latter have opted against ratification because of the
convention’s breadth and complexity, the technical
and financial obligations, the view that it either
contradicts or adds no value to existing national
legislation, and a concern that it provides rights for
migrants (especially those with irregular status)
that are not found in existing human rights treaties
(Khoser, 2010). none of the Eu member States has
ratified, for example. nonetheless, the cmW sets
certain norms on which governments and others
advocating for the rights of migrant workers can
draw (ruhs, 2013).
9.4.2 ILO Conventions and the Multilateral
Framework
In addition to the Ilo core conventions, which
aim to advance core labour standards for all
workers, Ilo conventions 97 and 143 focus
specifically on the rights of migrant workers. only
48 and 23 countries respectively have ratified them,
which is very modest compared to of other Ilo
conventions and in relation to the total number
of member states (ruhs, 2013). Some countries
are reluctant to ratify these conventions because
certain provisions conflict with national laws, for
example the right to seek another job in the host
country if a migrant worker is made redundant, and
require governments to assist migrant workers and
ensure equal treatment with nationals in areas such
as remuneration, social security, cultural rights and
access to employment (Kuptsch and martin, 2011).
Even if national labour laws already comply with
the substance of the Ilo conventions, migrant
workers may still be denied effective remedy in the
case of violations (Kuptsch and martin, 2011: 38)
unless there are adequate enforcement mechanisms.
nonetheless, all international labour standards
141 For instance, article 26 recognises the right of migrant workers to join and take part in the meetings and activities of trade unions. article 23
establishes recourse to the protection and assistance of the consular or diplomatic authorities of their country of origin. article 18 states that
‘migrant workers and members of their families shall have the right to equality with nationals of the State concerned before the courts and
tribunals’, and article 22 (1) states that ‘migrant workers and members of their family shall not be subject to measures of collective expulsion.
Each case of expulsion shall be examined and decided individually’ (un, 1990).
poSt-2015: Global actIon For an IncluSIvE anD SuStaInablE FuturE
The ILO’s nonbinding
Multilateral
Framework on
Labour Migration
contains 15
principles for
promoting the
rights and welfare
of labour
migrants and
their families,
providing
‘guidelines for
a rights-based
approach to
labour migration.
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