A/HRC/32/40
awareness of labour inspectorates, national human rights institutions and ombudspersons
regarding the concerns of migrants should also be raised and such entities should be tasked
with ensuring that the human rights of migrant workers are being observed in the
implementation of trade agreements.
Ex ante and ex post human rights impact assessments
74.
Human rights impact assessments are particularly useful when considering the
human rights of migrants since they emphasize non-discrimination as a key guiding
principle and shift the focus away from the aggregate outputs of trade to the impact of trade
on the most vulnerable groups. In addition, human rights impact assessments strengthen
accountability and empower rights holders. They may include subregional and national
assessments, specific case studies and regional surveys, all of which can be critical in
assessing the direct and systemic impact of trade on the rights of migrants.
75.
The value of conducting ex ante human rights impact assessments during trade
negotiations is essential for identifying and mitigating risks, as demonstrated by the
assessment of the Continental Free Trade Area agreement currently being carried out with
the support of OHCHR. An analysis of the assessment stresses the distributional gains for
different segments of the population while emphasizing the importance of recognizing
migrants’ skills and qualifications and the need to continue to develop workers’ skills
through training and education.
76.
The European Union systematically conducts sustainability impact assessments
(economic, social and environmental impact assessments) of all major multilateral and
bilateral trade negotiations. The assessments offer projections for migration flows and
specific considerations, depending on the trade partner, relating to skills, sector, visa
provisions, wages, labour conditions and vulnerable social groups.
Strengthening the evidence base for policymaking
77.
The Special Rapporteur reiterates the importance of collecting reliable data on all
aspects of the migrant labour market, including irregular migratory channels, recruitment
practices and the informal sector, and data disaggregated by skills, age, gender, race and
national origin, among other characteristics. Having such data would allow States to learn
about and respond to their actual labour market needs. The inclusion of migration in the
2030 Agenda for Sustainable Development provides a framework for data collection, as
States have already collectively agreed that migration is a priority that needs to be
continuously monitored. Under target 17.18 of the Sustainable Development Goals, States
have agreed to enhance capacity-building support to developing countries by the year 2020
to increase the availability of high-quality, timely and reliable data disaggregated by, inter
alia, migratory status.
78.
It is equally important that information about the operation of migration programmes
be made publicly available so that migrant workers can confirm the legitimacy of recruiters
and employers. Increased transparency would also ensure public accountability for the
operation of labour migration programmes and make it easier for government agencies and
advocates working to protect migrants’ rights to gain access to information.
Enforceable human rights provisions
79.
The Special Rapporteur points out that several trade agreements also include
provisions for termination for material breaches of trade terms in keeping with the Vienna
Convention on the Law of Treaties. Where parties to a trade agreement have required the
inclusion of human rights provisions in the agreement, as the European Union has done,
they must specify that the human rights clause is an essential element of the trade
17