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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;
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