A/HRC/44/42 legality requires that the limitation be drafted in clear language of sufficient precision to enable persons and organizations to foresee whether their actions would be in breach of the law and so regulate their conduct accordingly. The requirement of legitimate public purpose necessitates that limitations be imposed only for those specified reasons set forth in article 22 of the Covenant. The necessity and proportionality requirement demands that any limitation be “appropriate to achieve its protective function” (A/HRC/31/66, para. 30). 32. The Special Rapporteur on the rights to freedom of peaceful assembly and of association has stated that members of associations should, among other things, be free to determine their statutes, structures and activities without State interference (A/HRC/20/27, para. 64). States should also establish and maintain an enabling environment within which individuals can operate freely without fear of being subjected to any threats, acts of intimidation or violence (ibid., para. 63). 33. According to the non-discrimination guarantees enshrined in articles 2 and 26 of the Covenant, this protection of free association extends to everyone, including all migrants regardless of their status. The Human Rights Committee, in its general comment No. 15 (1986) on the position of aliens under the Covenant, explicitly confirmed that the rights set forth in the Covenant apply to everyone, irrespective of reciprocity, and irrespective of each individual’s nationality or statelessness (para. 1). Aliens receive the benefit of the right of peaceful assembly and of freedom of association (para. 8). C. Right to freedom of association of migrants: achievements and existing barriers 34. International law guarantees migrants the right to freedom of association so that they can effectively participate in civil society. Allowing migrants to organize empowers migrant communities to care for their own needs directly rather than relying on the advocacy and support of others. As migrants have better access to their peers and understanding of the challenges they face, their collective response to problems is often more effective than that of others. Encouraging migrants to exercise their freedom of association enables them to have a positive impact in the communities and countries in which they reside. 35. There are good examples in law of the recognition of migrants’ right to freedom of association. For instance, in Spain, Basic Act No. 2/2009 of 11 December 2009 provides that foreign nationals have the right to organize freely or to join an occupational organization and to exercise the right to strike under the same conditions as Spanish workers (art. 11). In Turkey, the Trade Unions and Collective Agreements Act (No. 6356), which entered into force in 2012, eliminated the citizenship requirement for trade union founders and provided for the possibility for non-Turkish citizens to become founding union members.3 In the Republic of Korea, the Supreme Court ruled that “persons living on wages, salary or other equivalent form of income earned in pursuit of any type of job, fall under the category of workers under the Trade Union and Labour Relations Adjustment Act … and thus a foreign worker who does not have the status of sojourn eligible for employment may organize or join trade unions”. That decision opened up the way for the recognition of a migrant workers’ trade union in the country, which had been denied registration given that its members included workers in an irregular situation. 4 There has also been cooperation between trade unions aimed at enhancing the protection of migrants’ rights. For example, the General Federation of Nepalese Trade Unions signed a memorandum of understanding with the General Trade Union of Workers in Textile, Garment and Clothing Industries in Jordan to ensure adequate protection of Nepalese garment workers in Jordan and their participation in elections to the Federation board. 5 36. Notably, countries that have active migrant associations have seen some important improvements for migrant rights. In the United States of America, migrant communities’ 3 4 5 ILO, Promoting fair migration: general survey concerning the migrant workers instruments, document ILC.105/III/1B, para. 408. Ibid., para. 288. ILO, Integrated Programme on Fair Recruitment (FAIR): phase II (2018–2021), “Providing fair recruitment opportunities for workers along migration corridors”, May 2019. 5