Unions Push to Strengthen Migrant Worker Safeguards

Unions Push to Strengthen Migrant Worker Safeguards

Protecting the rights of migrant workers must be an essential component of the United Nations Global Compact on Safe, Regular and Orderly Migration, according to union leaders who met recently in Puerto Vallarta, Mexico, to craft a worker rights agenda for inclusion in the global compact, the first inter-governmentally negotiated agreement to comprehensively cover all dimensions of international migration.

The December 1–2 meeting preceded a UN gathering to assess recommendations and discuss implementation of the global compact on migration. The 17 union leaders from across the Americas crafted a shared policy agenda and outlined plans to advocate within national and regional government bodies.

“It cannot be overstated how important the content of the compact will be in terms of creating policies that will affect economic inclusion,” says Neha Misra, Solidarity Center senior specialist for migration and trafficking. “This work will set the agenda for global action on migration and the role of displaced workers for at least the next decade. It is crucial that migrant workers, and the unions and worker centers that represent them, have a voice in the global compact negotiations process.”

migration, Solidarity Center, Mexico

Elena Villafuerte, PRODESC; Neha Misra, Solidarity Center; and María Carmen Molina from CSTS in Mexico were among panelists presenting labor’s joint position on labor migration.

In a panel presentation sharing labor’s joint position with UN participants, María del Carmen Molina, general secretary of the Confederation of Salvadoran Workers (CSTS), stressed the importance of protecting all workers’ rights, regardless of immigration status, and the responsibility of governments to ensure conditions so migration is by choice, not compulsion.

Misra and Solidarity Center partners from the Central American Regional Union Committee on Migration (Comité Inter-Sindical), ProDESC and Centro de Derechos del Migrante in Mexico took part in the civil society meetings prior to the UN’s formal session, and presented their recommendations to the full UN meeting December 4–6.

Union leaders also emphasized the need to ensure accessible pathways to regularization to ensure full rights for the world’s 150 million are migrant workers, and end the global expansion of abusive and exploitative labor migration programs. They agreed to take the issue of migrant worker rights back to their respective labor bodies to continue to educate and advocate on the issue.

The UN process to develop the global compact for migration began in April 2017. The UN General Assembly will hold an intergovernmental conference on international migration in 2018 with a view to adopting the global compact. Following the UN meeting, participants issued a joint statement summarizing their suggestions for implementing the global compact.

‘Imagine If Migrant Workers Had Labor Rights’

‘Imagine If Migrant Workers Had Labor Rights’

“Why does being low-wage and a migrant mean being sentenced to a lifetime of being separated from your family? It shouldn’t and doesn’t have to,” says Solidarity Center Executive Director Shawna Bader-Blau. Speaking at a United Nations meeting on migration today in New York, Bader-Blau contrasted the unchallenged right of capital to move freely across borders with the lack of rights and labor protections for migrant workers.

Shawna Bader-Blau, Solidarity Center, migration, human trafficking, UN, Global Compact on Migration

Being low-wage and a migrant should not mean being sentenced to a lifetime of being separated from your family–Solidarity Center Executive Director Shawna Bader-Blau Credit: Solidarity Center/Neha Misra

“We have not seen a commensurate expansion of the rights of people to go along with the incredible expansion of the rights of business, especially not for the migrant workforce. If we want to talk about the human rights of migrants, we really need to directly challenge those assumptions.”

Bader-Blau addressed the Fourth Thematic Event, “Contributions of Migrants and Diaspora to all Dimensions of Sustainable Development, including Remittances and Portability of Earned Benefits.” The July 23–25 meeting is among six thematic sessions held between April 2017 and November 2017 to gather substantive input and concrete recommendations to inform the development of the UN Global Compact on Migration.

Migrant Workers Should Be Free to Bargain with Employers

Neha Misa, Solidarity Center migration and human trafficking senior specialist, also spoke at the consultation, where she asked participants to “imagine if migrant workers could fully participate in the right to organize and collectively bargain.”

“We have seen time and time again how collective bargaining agreements provide migrant workers with the ability to earn a decent wage, and they may even be used to lower the costs of recruitment and provide migrant workers with more safe and secure ways to remit their earnings back home. Collective bargaining agreements also help to protect women migrant workers from gender-based violence and other forms of discrimination in the workplace.”

Misra, who also presented on behalf of the Women in Global Migration Network (WIMN), says “women in migration are not ‘vulnerable,’ in need of ‘rescue’—they are advocates for their rights and agents of change.” Current migration policies must be changed from being about ‘protecting women’ to ‘protecting women’s rights,’ she says.

The Solidarity Center is a member of WIMN and the Global Coalition on Migration, both of which took a strong role at the session.

Misra detailed a list of recommendations for inclusion in the UN Global Compact, including embedding core labor and human rights standards. (Read her full statement and recommendations here.)

UN, Global Compact on Migration, human rights, migrants, Solidarity Center

Many workers migrate for jobs because none exist in their home countries—Jonatan Monge Loría, chief coordinator of CI-Regional. Credit: Solidarity Center/Neha Misra

Addressing labor migration also means attending to the conditions that foster this phenomenon from origin countries, says Jonatan Monge Loría, chief coordinator of the Central American Regional Inter-Union Committee for the Defense of the Migrant Workers Rights (CI-Regional).

“Many dependent economies lack productive development policies that generate the quantity and quality of jobs that are required for decent work and livelihoods that sustain families,” says Loría. “It is no secret that poor development conditions and lack of job opportunities in origin countries are the trigger for this type of migration.”

Loría spoke on behalf of CI-Regional, a Solidarity Center partner, and the Trade Union Confederation of the Americas (TUCA/CSA) and the Trade Union Council for Technical Assistance. (See Loría’s full remarks in English and Spanish.)

‘Borders Are Not Exempt from Human Rights’

At the Third Thematic Event last month in Geneva, Asia Region Director Tim Ryan addressed the issue of governance of migration, saying “it is dangerous to think borders can be hermetically controlled, and borders are not exempt from human rights.

“Governments must move beyond an emphasis on temporary migration programs that restrict workers’ ability to exercise their rights—from freedom of association and voting rights to family unification—to regular migration programs that allow for visa portability, the ability to change employers, exercising political and social rights, freedom of movement, family unity and pathways to residency and citizenship in destination countries.” (Read Ryan’s full statement here.)

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