recast in terms of the freedom of movement of persons, which can be conditioned with
guaranteed labour rights for migrants.
2. The situation of minorities in relation to the current, global economy warrants particular attention
in the report. In paragraphs 42-46, I believe there is an opportunity to identify transnational
corporations specifically. There is an allusion in para. 44; however it might be welcome to link
John Ruggie's work specifically to the protection of minorities. It might also be useful to
reference the inclusion in the ILO Guidelines of equality (it might also be appropriate to refer to
OECD guidelines despite its limited membership because of the concentration of MNCs
headquartered in OECD member states). A broader but related comment on corporate social
responsibility and soft law standards might also be in order in the Report. Sometimes, states
rely on soft law such as codes of corporate practice not because they lack regulatory authority,
but because they have chosen for a mix of economic reasons to privilege self-regulation by an
industry, even when the labour standards of minorities in marginalized sectors are disregarded.
This was the case in the example of segregation in the agricultural sector that I mentioned at the
outset. The reliance on “model contracts” for migrant domestic workers without robust
legislative frameworks in the background is a similarly problematic phenomenon. I would
encourage the Rapporteur to caution that reliance on soft law in employment contexts where
minorities predominate may lead to a severe degradation over time of the applicable hard law
rules (equality, respect for labour rights) that exist for majority culture workers. Legal form
matters. So too implementation and compliance mechanisms need to be applied attentively to
racialized minorities.
3. The recommendation in paragraph 50 about equal representation of minority groups among their
national and international staff is praiseworthy in its intent and should be extended to the UN
human rights system and development agencies. That said, I believe it will need to be articulated
more precisely - is it equal (numerical equality, if minorities are numerically smaller?) or
equitable representation or even proportional (possibly unduly rigid). I would go so far as to
suggest a recommendation that urges the UN and other agencies to promote hiring policies that
foster the active recruitment and retention of members of minority groups (international
employment equity).
Thank
you
for
listening;
I
look
forward
to
your
questions
and
comments.