For Your Information
The human rights of migrants
Noor Jahan Punam
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The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an outcome of a very lengthy process internationally. At present securing the human rights of the migrants is a necessity as the number of migrants lie between 185 million and 192 million which represents 3% of the world population [Source: United Nations Information Kit].
The main aim of the Convention is to promote respect for the migrants' or their families' human rights. The Convention does not make provisions for new heads of human rights for migrants or their families but seeks to guarantee equal treatment and same working conditions for migrants and nationals. This involves the provision that, 'No migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment'- Article 10. Further, in Article 11, it is stated that 'No migrant worker or member of his or her family shall be held in slavery or servitude' and also that, 'No migrant worker or member of his or her family shall be required to perform forced or compulsory labour'. In lieu with these, Article 25 provides that, 'Migrant workers shall enjoy treatment not less favourable than that which applies to nationals of the State of employment in respect of remuneration'. Article 54 elaborates on Article 25 by stating that, 'Without prejudice to the terms of their authorization of residence or their permission to work and the rights provided for in articles 25 and 27 of the present Convention, migrant workers shall enjoy equality of treatment with nationals of the State of employment in respect of: (a) Protection against dismissal; (b) Unemployment benefits; (c) Access to public work schemes intended to combat unemployment; (d) Access to alternative employment in the event of loss of work or termination of other remunerated activity, subject to article 52 of the present Convention.
The Convention also guarantees migrants' rights to freedom of thought, expression and religion along with access to information on their rights in Article 12, Article 13, Article 33 and article 37. The provision of rights to freedom of religion can be explained by quoting from the Convention where it states that, 'This right shall include freedom to have or to adopt a religion or belief of their choice and freedom either individually or in community with others and in public or private to manifest their religion or belief in worship, observance, practice and teaching'.
Article 14 of the said Convention provides that, 'No migrant worker or member of his or her family shall be subjected to arbitrary or unlawful interference with his or her privacy, family, , correspondence or other communications, or to unlawful attacks on his or her honour and reputation. Each migrant worker and member of his or her family shall have the right to the protection of the law against such interference or attacks'.
Furthermore, the Convention ensures their right to legal equality which implies that migrants are subject to correct procedures has access to interpreting services and is not sentenced to disproportionate penalties such as expulsion. These rights are covered in Articles 16-20, 22. The Convention also sets out provision for migrants' access to educational and social services such as medical car, vocational training, etc., in Articles 27-28, 30, 43-45, 54.
The Convention ensures that migrants' right to participate in trade union in Article 26 and Article 40 provides for their right to form association where it states that, 'Migrant workers and members of their families shall have the right to form associations and trade unions in the State of employment for the promotion and protection of their economic, social, cultural and other interests'.
The Convention also states that migrants should have the right to remain connected to their country of origin which includes ensuring that migrants can return to their country of origin if they wish to and that they are allowed to pay occasional visits and are encouraged to maintain cultural links plus guaranteeing migrants' political participation in the country of origin. These rights are protected by Articles 8, 31, 38, 41-42.
In addition to all the above provisions, the Convention states that all migrants regardless of whether they are documented or undocumented, are entitled to minimum degree of protection. However, the Convention does appreciate the fact that legal migrants have the legitimacy to claim more rights than the undocumented migrants but it emphasizes that those undocumented migrants must see that their human rights are respected just like any other human being.
We should appreciate the fact that the migrants in any country are human beings before being migrants thus; they are entitled to those rights which any other human being is entitled to, in this modern age.
The writer is working with the Law Desk.
