Amendments proposed by the International Trade Union Confederation,
Public Services International and Education International to the OHCHR
document:
Revised version of the technically reviewed text
(A/CONF.211/PC/WG.2/CRP.2) submitted by the Chairperson-Rapporteur
of the intersessional open-ended working group mandated to continue and
finalise the process of negotiations on and drafting of the outcome document
1. Amend paragraph 44 (add and delete) (Migrants, refugees, asylum seekers,
IDPs, stateless persons)
Recognizes the need to strengthen efforts towards fighting against [illegal migration] combat
[conditions that force people to use irregular channels of migration] and the smuggling of
migrants, which may lead to violence, discrimination, exploitation and abuse, and reiterates the
importance of protecting the rights of migrants whether regular or irregular;
2. Insert a new paragraph before paragraph 46 (Migrants, refugees, asylum
seekers, IDPs, stateless persons)
[Recognise that the lack of decent work in many regions of the world and the failure of
globalisation to create jobs where people live are contributing factors to “forced
migration” and that therefore an increased focus needs to be placed on policies which
support the strengthening of the labour market and the creation of decent jobs providing
decent wages to people in their home countries;]
3. Amend paragraph 62 (add) (Women, gender, children)
Strongly condemns all acts of violence, whether these acts are perpetrated by States, private
persons or non-State actors, against women and girls and calls for the elimination of all forms of
Gender-based violence in the family, within the general community, [at work] and where
perpetrated or condoned by the State, in accordance with international human rights norms and
standards including the Declaration on the Elimination of Violence against Women;
4. Insert a new paragraph within paragraph 62 (Women, gender, children)
[Notes with concern that women are subject to multiple forms of discrimination based on
their gender, race, sexual orientation, religion, age, ethnic origin, disability, etc. In line
with the decisions adopted in Beijing in 1995 and the Convention on the Elimination of all
forms of Discrimination against Women, equality between men and women must be an
ongoing goal for States and be mainstreamed within all their policies and actions;]
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5. Amend paragraph 71 (add) (General provisions on measures)
Stresses the necessity of increasing appropriate preventive measures in order to eliminate all
forms of racial discrimination and the important role that Governments, international
organizations, the media, non-governmental organizations [and] civil society [and the social
partners] can play in developing such measures, [particularly in the workplace,] and building
confidence between different racial and.ethnic groups;
6. Insert new paragraph after paragraph 73 (Monitoring, data collection)
[Acknowledges the importance of gathering data on different types of discrimination
experienced in the workplace;]
7. Insert a new paragraph before paragraph 74 (Tackling discrimination in
(access to) education, employment, health)
[Recognises the vital need to examine and strengthen existing policies, with a view to
promoting employment policies that ensure that women and men vulnerable to
discrimination are not disproportionately affected by unemployment and lack of access to
employment;]
8. Amend paragraph 86 (add) (civil society, NGOs)
Welcomes the role and participation of civil society, [trade unions,] human rights nongovernmental organisations, and human rights defenders in the struggle against racism, racial
discrimination, xenophobia and related intolerance, in particular the implementation of the
Durban Declaration an the Plan of Action;
9. Insert a new paragraph after paragraph 86 (civil society, NGOs)
[Notes that trade union organisations, through their daily work, have contributed to the
monitoring and implementation of the Durban Action Programme. As partners in social
dialogue, they are key players in the fight against all forms of discrimination. Their role in
the monitoring and supervisory structures and procedures is key to ensuring the effective
implementation of the decisions that have been adopted and the objectives that are being
pursued;]
10. Insert a new paragraph after paragraph 154 (in Poverty, globalization
section)
[Insists that all States join in the fight against racism and xenophobia through the creation
of decent jobs, the eradication of poverty and the pursuit of all the MDGs. Promoting a
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fair distribution of wealth and resources whilst focusing on creating decent work, will help
increase social cohesion between workers and promote the eradication of racism and
xenophobia;]
12. Insert another new paragraph after paragraph 154 (in the Poverty,
globalization section)
[Requests States to include social and environmental concerns in trade agreements and the
policies of the International Financial Institutions. In the context of the economic crisis,
and the clear increase in unemployment, the latter’s policies risk pitting workers against
each other, causing divisions and exacerbating racism;]
13. Insert new paragraph after paragraph 171 (Migrants, refugees, asylum
seekers, IDPs, stateless persons)
[Urges States to identify and remove obstacles, including legislatives obstacles, which
prevent migrant workers from exercising the rights to freedom of association including the
right to join a trade union;]
14. Insert a new paragraph after paragraph 186 (Tackling discrimination in
(access to) education, employment, health)
[Stresses the need to strengthen the capacity of labour inspectorates to identify
discrimination based on race, gender and ethnic, religious or cultural identity at work;]
15. Insert a new paragraph within paragraph 186 (Tackling discrimination in
(access to) education, employment, health)
[Requests States to establish mechanisms and procedures for assisting the victims of racial
discrimination at work;]
16. Amend paragraph 201 (add) (civil society, NGOs)
Requests all States to protect human rights defenders [including trade unions] and allow them
to work freely for the promotion and protection of human [and trade union] rights;
17. Insert a new paragraph after paragraph 202 (Civil society, NGOs)
[Requests States to provide strong support, including financial assistance, to workers’
organisations in their efforts to combat racism and xenophobia at work, so as to tackle the
root causes of these problems by involving a social partner capable of generating change;]
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18. Amend paragraph 203 (add) (civil society, NGOs)
Renews our commitment to create an atmosphere conductive to the effective functioning of
human rights non-governmental organizations, [in particular trade unions,] and to adhere to
international obligations concerning human rights non-governmental organisations, and to lift
any unlawful barriers to their effective functioning;
19. Amend paragraph 209 (add and delete) (International cooperation)
Urges replication of the policy of a major destination State on the collection, compilation,
analysis and publication of reliable statistical data on irregular [migrants] [migration] pursuant
to paragraph 92 of the Durban Programme of Action so as:
20. Insert new paragraph after paragraph 213 (International legislation, soft
law, code of conduct)
[Urges States to ratify and implement ILO Convention 94 on Public Procurement and to
recognize the value of using social clauses in procurement as a tool for promoting racial
equality;]
21. Insert a new paragraph after paragraph 213 (International legislation,
soft law, code of conduct)
[Requests States to make extensive efforts to ratify and effectively implement relevant
international legal instruments and ILO Conventions - including C 97 on migrant
workers, C 143 Migrations in Abusive Conditions and the Promotion of Equality of
Opportunity and Treatment of Migrant Workers (1975), C. 169 concerning Indigenous
and Tribal Peoples (1989), C. 100 on Equal Remuneration (1965) and C. 111 concerning
Discrimination in respect of Employment and Occupation (1958) - by integrating them in
national law and collective agreements;]
22. Insert another new paragraph after paragraph 213 (International
legislation, soft law, code of conduct)
[Urges States to take into account the ILO Declaration on Fundamental Principles and
Rights at Work and its Follow-up (1998) and the Declaration on the Rights of Indigenous
Peoples;]
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