A/HRC/32/40
VI. Conclusions and recommendations
A.
Conclusions
90.
The development of international trade is in the interest of all, but respect for
the human rights of all individuals, regardless of their status, must be the
fundamental principle that guides economic growth and advancements in social
welfare.
91.
The Special Rapporteur realizes that there is no one-size-fits-all solution to
today’s global challenges but he hopes that shedding light on this important area and
offering recommendations will serve as point of departure for further exploring the
issues and identifying practical solutions. It is only if we take active measures to merge
human rights and trade considerations that we will mitigate the inherent power
imbalances in the global economy and the asymmetrical emphasis on economic
efficiency and short-term gains to the detriment of migrant labour. Facilitated and
well-regulated mobility that is supported by comprehensive and robust institutional
frameworks is necessary to ensure inclusion and equity in the enjoyment of the
benefits of trade.
B.
Recommendations
92.
To address the direct impact of international trade on the human right of
migrants, the Special Rapporteur recommends that:
(a)
States ratify the core international human rights treaties, particularly
those that recognize the rights of migrant workers, such as the International
Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families, the ILO fundamental conventions, the ILO migrant workers
conventions (the Migration for Employment Convention (Revised), 1949 (No. 97), and
the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)), other
ILO conventions (particularly, the Labour Inspection Convention, 1947 (No. 81), the
Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86), and the
Domestic Workers Convention, 2011 (No. 189)), all other conventions that may offer
protections for migrant workers, the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing the United
Nations Convention against Transnational Organized Crime, and the Convention
relating to the Status of Refugees;
(b)
States immediately begin to include explicit references to international
human rights and labour instruments in all new and renegotiated trade agreements;
(c)
States ensure that trade and mobility agreements do not erode existing
social and mobility protections granted through commitments in other agreements;
(d)
States and international organizations develop a global mobility
framework, in consultation with trade unions and civil society, and include the
framework in trade agreements with a view to protecting the rights of migrants;
(e)
States strengthen monitoring and enforcement of labour standards in all
stages of the migratory process, from pre-departure and recruitment in the country of
origin to employment in the destination country; extend oversight to traditionally
unregulated and informal sectors and include labour inspections and auditing in
value-addition and supply chains; end impunity for abusive immigration officials,
recruitment agents, employers and others for violating migrants’ rights, including
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