Events in the international community

United Nations General Assembly

58th Session, New York, 2003

International Migration has clearly become one of the singular challenges of our time. Migration – and the response of States and of international institutions to it – pose profound challenges of values and of policy and practice in the realm of human rights protection.

The number of people living outside their countries of origin or citizenship doubled between 1975 and 2000, from some 75 million people to well over 150 million. It is now incontestable that the numbers will continue to grow, as both pressures to move and demand for foreign workers, rise unabated.

As human mobility becomes ever more extensive and generalized worldwide, non-nationals are becoming more visible in more countries; and also more important to the economic viability and social welfare of host and home States alike.

This change, profoundly affecting far more than the traditional “immigration countries”, raises an equally profound question that is central to values and governance. Will historical attitudes common to many countries of perceiving and treating `outsiders' as risks and even potential threats to national identity, well-being and security remain dominant, at whatever cost? Or can we anticipate the possibility that alternatives will emerge with eventually greater strength; alternatives in which inclusion and respect would be important dimensions?

It has become increasingly clear that there can be no sustainable economic development without the creation and maintenance of decent work; and that decent work cannot be created or maintained without relying on the human rights expressed in the ILO's Conventions and the Declaration of Fundamental Principles and Rights at Work. The principles and normative instruments defining the international human rights approach have increasingly established equality of treatment and application of basic human rights and labour standards for all migrants, including irregular workers and migrant women workers. The ILO, for example, has undertaken significant research and activities in labour migration, gender equality and the prevention of trafficking. It is also noted that a recent Opinion of the Inter-American Court of Human Rights highlighted the applicability of human rights of all migrants "independent of his/her regular or irregular situation".

We echo concerns expressed by others about the discourse prevalent in a number of countries that generically associates migration and foreigners with national security concerns. All too often, this discourse leads to restrictions on the respect for their basic rights in policy and administrative contexts.

Lessons drawn from the experience and histories of the ILO's tripartite constituents suggest that a different approach needs to predominate. A concept, policy and practice of regulating international migration within the rule of law is required if this phenomenon, integral to globalization, is to contribute to development and is not used to thwart social cohesion.

The fundamental practical challenge is threefold.

First, is it essential to acknowledge that, with the current inevitable push-and-pull factors driving large-scale human displacement, States must establish more substantial and viable legal channels, mechanisms and parameters for regular migration. It is no longer either tolerable or feasible to retain the contradictions in many places between small or non-existent legal admissions and the presence of large populations of irregular migrants. In the meantime, it is clear that approaches and parameters need to be elaborated to recognize the fact that migrants already present for a considerable time, have made contributions and set down roots in the host country.

A second fundamental challenge is the fact that policy and practical responses to migration, nationally and internationally, can only be viable, sustainable and accountable to the extent they are built on a solid foundation of legislation and legal norms, these in turn being based on common internationally defined minimum standards - those established in relevant international treaties.

Three complementary and sequential international standards provide the core standards: the ILO Migration for Employment Convention (Revised), 1949 (No. 97), the ILO Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and the 1990 UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. We note with satisfaction that this latter instrument finally entered into force on 1 July 2003.

These three Conventions together provide a comprehensive “values-based” definition and legal basis for national policy and practice regarding non-national migrant workers and their family members. Beyond defining applicable human rights, numerous provisions in each add up to a comprehensive agenda for national policy and for consultation and cooperation between States on labour migration policy formulation, exchange of information, providing information to migrants, orderly return and reintegration, etc. A total of 64 different States have now ratified one or more of these three complementary standards. The ILO Conventions remain particularly useful mechanisms for resolving difficulties because employer and worker organizations in non-State parties can avail themselves of supervisory mechanisms to address the practice in ratifying countries.

It is reiterated that the ILO's Fundamental Principles and Rights at Work are a core component of the international system and practice of human rights and the rule of law. Most rights at work established in international legal instruments derive directly and often explicitly from the principles codified in the Universal Declaration of Human Rights. The broad array of international standards providing protection in treatment and conditions at work – safety, health, maximum hours, minimum remuneration, non-discrimination, freedom of association, maternity, etc. – apply to all workers. This notion was again upheld in the recent Opinion issued by the Inter-American Court of Human Rights.

The third fundamental challenge is to put in place the necessary principles and modes of policy formulation and cooperation required to regulate migration. Developing a comprehensive framework for international cooperation on migration has been on the agenda since the International Conference on Population and Development in Cairo (1994). While that programme was never implemented, a number of "migration dialogue" initiatives have since emerged, mostly at the regional level. More recently, at the global level, the inter-agency International Migration Policy Program, the Berne Initiative and now the emerging Global Commission on International Migration are seeking to carry forward inter-State consultations aimed at finding common approaches, guiding principles and practical cooperation. We note, however, that most of these initiatives operate outside existing structures and normative frameworks of international governance, be it the United Nations system, or regional intergovernmental authorities.

Now, at the request of its government and social partner constituents, ILO has determined that labour migration  – migrant workers  –   will be the main topic of a general discussion at the International Labour Conference in June 2004. Three main themes have been set by the ILO Governing Body to focus the process, (1) international labour migration in the era of globalization; (2) policies and structures for more orderly migration for employment; and (3) improving migrant workers' protection.

This Conference may offer particularly important contributions to the global quest for a viable framework of cooperation on regulating international migration. Indeed, labour-related concerns affect a very large proportion of the world's movement of people, including not only the estimated 120 million migrant and immigrant workers and family members, but also recognized refugees and asylees  –  most of whom work – and the eventual integration of family reunification immigrants into destination country labour markets.

The ILO provides a nexus between migration and the essential features of national economic, labour and development concerns, permitting consideration of migration as a vital aspect of labour markets and of composition, skills, age, and other features of national labour forces, and thus an essential feature of the economic and social development of both the host and home countries of migrants.

Equally importantly, the ILO offers the necessary normative foundation and the structure, mechanisms, and experience to ensure implementation, follow-up support and monitoring of whatever decisions, recommendations or plans are decided.

In preparation for this ministerial level meeting with tripartite delegations from all 176 member countries, a survey [English, French, Spanish, Arabic, Chinese, German, Russian] on conditions and issues of labour migration has been sent to all member governments; many have already replied. A comprehensive report on the realities and challenges of labour migration worldwide is being prepared by the Office to serve as the main preparatory document for the general discussion.

Inter-institutional consultations are being conducted with IOM, UNHCR, OHCHR, the EU, the AU and other international organizations concerned to facilitate coordination. Preparatory seminars or discussions have been or will be conducted around tripartite and other conferences in Africa, Asia, Central Asia, Latin America and Europe. International, regional and national employers' and trade union organizations are being encouraged to contribute their perspective and to prepare for the discussion. Civil society organizations will also have opportunities to share concerns. Intra-governmental consultation will be an important element of preparation and participation, given that responsibilities for policies affecting labour migration are often spread across several different ministries in most governments.

A number of governments and other partners have already indicated their expectation that the outcome will be a concrete and practical program of action to guide and engage member States and social partners with ILO support.

We hope that the Conference will reinforce regulated migration as a positive feature of development. The ILO fully supports the notion that ensuring the benefits and reducing the problems of migration require national and international governance framed by international standards, democratic principles, and the participation of stakeholders.

Contact:

International Migration Programme [Link]
International Labour Office
4, route des Morillons
CH-1211 Geneva 22
Switzerland
Tel: (+41) (0)22 799-8091
Fax: (+41) (0)22 799-8836
Email: migrant@ilo.org