A/HRC/56/54
and that their rights should be protected, regardless of the contributions that they make to
society.
A.
Protection of the human and labour rights of migrants, irrespective of
their status
1.
Anti-discrimination legislation and policies
73.
Anti-discrimination legislation and the protection of human rights are pivotal for
enabling migrants to fully contribute to society. Xenophobia and policies based on
xenophobia greatly jeopardize the realization of the entire international human rights
normative framework, including the Global Compact for Migration, the Global Compact on
Refugees, the Sustainable Development Goals and the Durban Declaration and Programme
of Action.81 Evidence from every region shows a dire need to address xenophobia.
74.
Greece enforces equal treatment in employment. In Australia, individuals can file
complaints under anti-discrimination laws. The National Integration Plan of Uruguay
includes a section on discrimination, racism and xenophobia. Serbia works to prevent
xenophobia and intolerance, in accordance with the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families and the
Convention on the Rights of the Child. Switzerland tackles anti-discrimination by raising
awareness of racial discrimination, carrying out monitoring and reporting on the situation,
funding projects to combat racism and strengthening legal protections against
discrimination.82
2.
Measures to curtail debt-financed migration, including anti-trafficking legislation
75.
Anti-trafficking efforts are key to migrants’ safety and societal contributions.
Australia identified exploitation within its visa system, prompting the creation of a
centralized compliance mechanism to protect workers and ensure employer accountability
and requiring agents to inform clients about workplace rights and exploitation reporting
methods.83
3.
Incorporation and implementation of international labour standards
76.
Incorporating international human rights and labour standards is essential for migrant
workers’ rights. This includes the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families and key ILO conventions and
protocols, including the Migration for Employment Convention (Revised), 1949 (No. 97),
the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the Equality
of Treatment (Social Security) Convention, 1962 (No. 118), the Private Employment
Agencies Convention, 1997 (No. 181), the Domestic Workers Convention, 2011 (No. 189),
and the Violence and Harassment Convention, 2019 (No. 190).
77.
Fair recruitment practices are key to protecting the rights of migrant workers. The ILO
Fair Recruitment Initiative has spurred revisions of private recruitment agency regulations,
drawing on the ILO general principles and operational guidelines for fair recruitment and
definition of recruitment fees and related costs, which are based on international labour
standards. Reforms have occurred in Guatemala, the Lao People’s Democratic Republic and
Uganda, and the Government of the United States has issued relevant guidance on the matter.
The ILO principles and operational guidelines have also been incorporated into the regional
81
82
83
GE.24-07075
See the concept note on a joint general comment/recommendation of the Committee on the
Elimination of Racial Discrimination and the Committee on the Protection of the Rights of All
Migrant Workers and Members of Their Families on addressing and eradicating xenophobia and its
impact on the rights of migrants, their families and other non-citizens affected by racial
discrimination, December 2023, available at https://www.ohchr.org/en/calls-for-input/2024/callsubmissions-concept-paper-cerd-cmw-joint-general-commentrecommendation.
Submissions by Australia, Greece, Serbia, Switzerland and Uruguay.
Submission by Australia.
13