A/HRC/44/42 robust advocacy initiatives on their behalf unnecessarily increases migrants’ risk of death, physical harm and psychological suffering. IV. Conclusions and recommendations 86. The right to freedom of association, including the right to form and join trade unions, is essential for migrants to express their needs, protect their economic, social, cultural and other interests and defend their rights, in particular through trade unions and migrant organizations. Assistance and support from civil society organizations is crucial for migrants, particularly those in an irregular situation or with vulnerabilities, to exercise their rights, including the right to freedom of association. 87. By exercising their right to freedom of association, migrants are empowered to claim other rights and overcome jointly the challenges they face at the different stages of migration. Member States and relevant stakeholders must protect and facilitate the exercise of the right to freedom of association of migrants, including through creating, maintaining and strengthening an open civic space where migrants can organize and access assistance, advice, services and support from civil society organizations. 88. Migrants must be able to aggregate their voices in order to hold Governments accountable with regard to their concerns, to level the unequal relationship with employers and to counter the ongoing wave of xenophobia in many countries. Solidarity plays a crucial role in supporting migrants in perilous situations, thus the role of civil society organizations that provide much-needed humanitarian and other assistance should be protected and strengthened. Laws, policies and practices need to conform to international human rights standards. Attention to the needs of women and other particularly vulnerable groups of migrants is imperative given the additional risks they face in transit and residence. Ultimately, guaranteeing the right to freedom of association should protect migrants’ ability to act in their own interests and should reinforce the notion that migrants are positive contributors to the communities and States in which they live. 89. The Special Rapporteur recommends that States: (a) Recognize in domestic laws migrants’ right to freedom of association and encourage them to self-organize, regardless of their migration status; (b) Establish laws, policies and practices that are supportive of trade union membership for migrants; (c) Extend labour protection in national laws to migrant workers, including domestic workers, to ensure equal protection under the law. Migrant workers should enjoy treatment no less favourable than that applicable to nationals, including with regard to freedom of association; (d) Take positive measures, including affirmative action, to ensure that migrants with specific vulnerabilities are able to effectively exercise their right to freedom of association; (e) Ensure policy coherence by conducting a review of all national policies that are relevant to the right to freedom of association of migrants and revising those that could adversely affect migrants’ exercise of this right; (f) Ensure the accessibility of legal protection and effective judicial or other appropriate remedies to address any violation of migrants’ right to freedom of association regardless of their migration status; (g) Establish in law the right for migrant workers, including those without documentation, who are victims of retaliation for their collective organizing to remain in the country of destination while they settle their dispute, and enforce robust penalties for employers who retaliate against migrant workers who organize; (h) Address any threats, intimidation, harassment and use of violence by either public or private actors as reprisals and retaliation against migrants who exercise their right to freedom of association; 17

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