A/HRC/32/40
through the use of sanctions and monetary fines; and adopt legislation, allocating
appropriate resources and pursuing ministerial consultations if a trade party has not
complied with trade terms;
(f)
States adopt an all-of-government approach to migration and ensure
that national human rights institutions and ombudspersons are trained and mandated
to report on violations of migrants’ rights;
(g)
States protect the rights of migrant workers to unionize and engage with
trade unions and migrants’ associations in the development of institutional
frameworks relating to trade;
(h)
States ensure that trade agreements include measures to reduce the
social and economic costs associated with migration such as: establishing firewalls
between immigration enforcement authorities and agencies that provide public
services; ensuring the right to work; overseeing recruitment processes; ensuring the
portability of social security and other benefits; reducing the costs of remittances;
removing obstacles to issuance of visas; and ensuring the recognition of professional
qualifications, among other measures;
(i)
States ensure that trade agreements include provisions for migrants to
directly access public courts and tribunals, including by ensuring the availability of
translation and legal resources for migrants to file individual or collective complaints
where their rights have been violated as a result of a trade agreement; and monitor
access to labour-related administrative services, tribunals and courts to ensure that
migrants do not face obstacles in accessing effective relief for violations of their rights;
(j)
States and international organizations consider a cooperation
framework agreement between WTO and ILO to strengthen institutional links
between labour rights and trade, including through the allocation of funding (such a
mechanism may provide for the development of guidelines, sharing of good practices
and a dispute settlement mechanism);
(k)
States, civil society, migrants’ associations and trade unions invest in the
targeted collection of data to increase understanding of the impact of trade
agreements on the human and labour rights of migrants and ensure the information is
publicly available; and conduct studies that include data disaggregated by gender,
age, race and national origin, among other categories, on recruitment and the
irregular, informal and low-skill sectors;
(l)
States collaborate towards the development of multi-stakeholder action
plans that engage employers, trade unions, migrants’ associations and other members
of civil society in the promotion of decent work and share best practices;
(m) States explore other programmes to engage the private sector and
include in trade terms a commitment to, among other things migrant outreach, legal
expertise to strengthen labour laws, assistance to trade unions, training courses for
labour inspectors and pre-departure recruitment and orientation services, and, in
order to ensure the sustainability of these initiatives, include in trade agreements
provisions for the financial and other resources necessary to administer them.
93.
To address the structural impact of international trade on the human rights of
migrants, the Special Rapporteur recommends that States:
(a)
When negotiating trade agreements, seek technical support from United
Nations organizations and specialized agencies, notably OHCHR, ILO, WTO and
UNCTAD, to help ensure that the relevant provisions in such agreements respect,
promote and fulfil international human rights standards;
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