A/HRC/32/40
for the Elimination of the Worst Forms of Child Labour.16 A partnership between the
confederation of workers Rerum Novarum, of Costa Rica, and the Sandinista Workers’
Centre and the Confederación de Unificación Sindical, of Nicaragua, led to the creation of
the Trade Union Centre for Migrants, which offers free legal and administrative assistance
to all migrant workers seeking regularization and aims to combat trafficking in children by
partnering with the local taxi drivers’ union.17
44.
Cooperation and coordination agreements between unions in countries of origin and
destination too are effective in addressing protection gaps and galvanizing migrants across
borders. In 2014, representatives of the Congress of South African Trade Unions, the
Zimbabwe Domestic and Allied Workers Union, the South African Domestic Service and
Allied Workers Union, the Federation of Unions of South Africa, the Congress of Lesotho
Trade Unions and the Zimbabwe Congress of Trade Unions signed a declaration to support
each other, strengthen the capacity of national unions to assist local and migrant domestic
workers and lobby their respective Governments to continue to implement their decentwork country programmes. 18 The Special Rapporteur believes cooperation agreements can
be used by States to develop institutional links with trade unions and ensure that unions are
partners in trade negotiations.
45.
Having recognized the important role of trade unions, States parties to trade
agreements have begun to include provisions protecting the rights of migrants to unionize
and bargain collectively. In some cases, this has improved domestic protections for
organized labour. In 2006, as a result of pre-ratification pressure stemming from its trade
agreement with the United States, Oman granted workers the right to unionize.19
46.
The Special Rapporteur emphasizes, however, that this is not the case in all contexts,
especially where domestic courts fail to uphold the rights of migrants to organize, as was
the case in Canada in Ontario (Attorney General) v. Fraser (2011).
Impediments to access to justice, due process and the right to an effective remedy
47.
International human rights law protects, inter alia, the right of an individual to an
effective remedy from the competent judicial, administrative or legislative authorities, or by
any other competent authority provided for by the legal system of a State, and the
possibilities of judicial remedy.
48.
The Special Rapporteur is aware that some countries of origin have resisted
providing support to migrants seeking effective remedy so as not to endanger their
competitiveness in the international labour market or their ability to benefit from
remittances. The British Columbia Labour Relations Board found that Mexican authorities
had blacklisted migrant workers who had participated in the Canadian Seasonal
Agricultural Workers Program for supporting unions and prevented workers from
participating in the Program the following season because they feared that if Mexican
workers unionized they would be replaced by workers from Guatemala. 20
49.
Where migrants do not receive support from their Government, the onus falls on
migrants to notify authorities and file complaints of violations of their rights. Migrants may
face several obstacles in accessing legal remedies, however, including: lack of knowledge
16
17
18
19
20
International Trade Union Confederation, How to Combat Forced Labour and Trafficking: Best
Practices Manual for Trade Unions (Brussels, 2009).
Ibid.
See www.ilo.org/dyn/migpractice/migmain.showPractice?p_lang=en&p_practice_id=163.
International Institute for Labour Studies, Social Dimensions of Free Trade Agreements.
See www.labourlawoffice.com/wp-content/uploads/2015/08/BM5.pdf.
11