Migrant workers and members of their families are some of the most vulnerable groups in any society, especially those whose status is irregular. Smuggled, trafficked, documented, undocumented, in a weak bargaining position or in otherwise dirty, dangerous or degrading employ, the experience of some migrant workers in Australia is no exception to this grim outlook.

Amnesty International Australia believes that to best protect this vulnerable group, it is important for the Australian government to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, (also known as the Migrant Workers Convention). Signing this convention would ensure that the specific dangers that migrant workers and their families face are addressed, and their rights are properly protected.

Download our factsheet on the Migrant Workers Convention (pdf 168KB)

What is the Migrant Workers Convention?

In the 1970s a group of concerned (mostly developing) nations got together and set out to draft a comprehensive framework for the protection of migrant workers. The product of this collaboration, the Migrant Workers Convention, was adopted by the United Nations in 1990.

The Convention creates a framework that reflects a range of existing human rights standards as well as extending the rights in certain key areas. In particular, the new framework explicitly protects irregular migrant workers at the same time as seeking to reduce the incidence of irregular migration. It also creates a small number of new rights and protections, including protection against collective expulsion and destruction of documents.

Why is it relevant for Australia?

Australia is a nation whose recent history has been largely built on the back of labour migration. Historically, short term migrant labour was a hallmark of Australia’s nation-building project; for example, Pacific Island labourers, Chinese, Japanese and Indonesians were all recruited as short term migrant labour. Initially, post-World War II refugee migration was also focused on labour.

Australia’s economy still depends heavily on migrant labour to fill skills gaps, or to satisfy unmet unskilled labour demands. The 457 visa scheme, which allows workers into Australia to fill skill shortages for between three months and four years, and the recently announced pilot Pacific Island seasonal worker scheme are clear contemporary examples. Hence, ratifying the Convention is in the best interests of both migrant workers as well as Australian workers to ensure that employment standards in Australia remain high.

In Australia, as in other developed states, there has been a clear lack of political will to protect the rights of migrant workers and to date, not a single wealthy developed nation has ratified the Migrant Workers’ Convention. Although all these countries have signed other International Agreements that indirectly protect the rights of migrant workers, exploitation of migrant labour continues and Amnesty International that a international human rights instrument that is specifically tailored to the protect the rights of migrant workers and their families is a necessary step.

What would it mean globally if Australia were to sign?

If Australia were to take the step of being the first wealthy developed nation to sign and ratify the Migrant Workers Convention, it would mark an historic breakthrough in the protection of migrant workers and members of their families. Finally, a country that is predominantly a ‘receiver’ of migrant workers would be committing itself to the protection of migrant workers’ rights. While continuing to benefit from the labour of migrant workers, Australia would be acknowledging their human rights and dignity. At the time of the 60th anniversary of the Universal Declaration of Human Rights, it is as well to remember that one of its central pillars is “…recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” Migrant workers and members of their families are no exception.

Myths and misconceptions about migrant workers

The Migrant Workers Convention is an open door policy for migrant workers

In fact, the Migrant Workers Convention protects the rights of people who are migrant workers, but does not create an entitlement to become a migrant worker. Signing the Convention would have absolutely no impact on the numbers of migrants in Australia - that would still be entirely up to the Australian government.

Migrant workers will take our jobs

Migrant workers are often brought into countries to fill labour needs that are not met by the local population. Protection of the labour rights and conditions, particularly wages, of migrant workers ensures that employers cannot ‘undercut’ the local labour market and at the same time exploit the migrant worker population.