Nalini Singh
APWLD's Programme Officer for Labour and Migration Programme

APWLD has been requested to come up with a resolution to show support and emphasise the need for a standard which will require all UN member states to produce quantitative statistics on undocumented workers. The objective is to have a mechanism to force governments to recognise the actuality of the demand for migration labour. This was stated by the United Nations Special Rapporteur on the Human Rights of Migrant Workers Dr. Jorge Bustamante at a roundtable discussion organised by APLWD's Labour and Migration Task Force on 24 July, 2006 in Jakarta, Indonesia. The objective of the round table discussion was to introduce APWLD to the UN Special Rapporteur and to discuss ways and means to develop a more effective collaboration in highlighting the plight of migrant workers around the world and to develop protection mechanisms for the migrant workers within the mandate of the Special Rapporteur. There was also some preliminary dialogue on the upcoming UN High Level Dialogue on Migration and Development, as well as discussing ways of effectively utilising the various UN mechanisms.

"The mandate of Special Rapporteur on the Human Rights of Migrants is to promote and protect human rights around the world, with a special sensitivity to women and children," stated Dr. Jorge Bustamante. He pointed out that countries of destination usually do not want to acknowledge their need for foreign workers, and even less so for undocumented workers. He announced that he will propose an initiative at the upcoming UN High Level Dialogue on Migration and Development in September for the creation of a new standard where the UN requires all member states to produce quantitative statistics on undocumented workers.

This new standard would neutralise the anti immigrant sentiments in destination countries, which currently justify the discrimination, especially of undocumented workers. The world has been divided into countries of destination and countries of origin, and no destination country has ratified the 1990 Convention on the Protection of Human Rights of Migrants Workers and their Families, effective since 2002. Most constitutions in the world make a distinction between nationals and foreigners as this is the sovereign right of the country. However, most countries have also agreed to respect human rights. This leads to a contradiction between the sovereign right to distinguish nationals and foreigners and the sovereign decision to commit themselves to human rights regardless of national origin. The creation of these new standards would go towards recognition of undocumented workers as a whole, not just of domestic workers or divided segments.

On the question of why we need a new standard, the Special Rapporteur said, "developed nations want more restrictions on immigration, which is mostly based not on fact but on ideology. Having the statistical base of documenting migrant workers would give us the base to say you cannot have it both ways. If you have the demand and the need, you need to protect their rights. Recognition of a labour demand would produce an objective basis to defend the human rights of undocumented workers".

The Special Rapporteur iterated that APWLD's contribution to this effort should be to come up with a resolution to show support and emphasise the need for the proposed standard. Dr. Bustamante explained, "The UN High Level Dialogue will be attended by most powerful countries, most of whom do not want to talk about this issue, so this is a start. The EU for example gives documented immigrants voting rights - this is important. This strategy acknowledges state sovereignty in that it recognises states can control/decide who enters the country and what rights they have. However, once you accept/need foreigners, you must respect their rights". The APWLD Labour and Migration Task Force has joined this call from the Special

APWLD's Labour and Migration Task Force members with Dr. Jorge Bustamante, the UN Special Rapporteur on the Human Rights of Migrant Workers, at the roundtable discussion in Jakarta, 24 July, 2006.

Rapporteur and has agreed to taking positive steps and constructing stronger relationships to demand greater protection for the rights of migrant workers, both documented and undocumented.