[DRAFT #1c... NOW ON HOLD] Advancing Migrant Worker Rights

[Tinhampton]

TINHAMPTON AND HER CO-AUTHORS WILL NOT BE REVIEWING FEEDBACK ON THIS PROPOSAL UNTIL OCTOBER 15th 2022

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Lydia Anderson, third-in-line to the post of Delegate-Ambassador: I, as well as Delegate-Ambassador Smith, are aware of the Hulldomian proposal on guest workers. We do not support that proposal, or at least would not support it as a standalone resolution, due to its unduly limited scope - in particular its failure to cover migrant workers who benefit from multilateral border control agreements and its requirement that migrant workers merely not be subject to wage discrimination while not containing protections against other forms of discrimination - and have worked together with friendly ambassadors to produce the following.

OOC: inspired in varying degrees by the RLUN's Convention on Migrant Workers etc., the four General Comments and various concluding observations of the Committee on Migrant Workers, and Article 19 of the European Social Charter, revised. Not inspired by any GA proposal, ever.

Advancing Migrant Worker Rights
A resolution to improve worldwide human sapient and civil rights.

Category: Civil Rights

Effect: Significant

Proposed by: Tinhampton

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Aware that many people may choose to leave their country from time to time (or even just once) in order to work in another member state, and

Applauding the work of GA#560 "Convention on Guest Workers" in ensuring that temporary migrant workers are protected from many of the worst forms of discrimination, but

Convinced that all migrant workers - regardless of their plan for residency - should receive stronger protections from discrimination, either in law or in practice, than GA#560 offers...

The General Assembly hereby:

1. defines, for the purposes of this resolution, "migrant workers" in any given member state as those individuals who work in that member state but neither ordinarily lived there prior to starting their employment there nor have citizenship there,
2. requires each member state hosting migrant workers, and all employers of migrant workers in member states, to ensure that:
   
   1. migrant workers are treated no worse in terms of employment than non-migrant workers are, and can easily understand all employment contracts that they have signed,
   2. all rights guaranteed to, and all responsibilities imposed upon, those ordinarily resident in that member by national or international law (including the right to join and create trade unions) also apply to migrant workers, subject to Articles f and g as well as any explicit restrictions established by prior and standing international law,
   3. the ability of migrant workers to dispose of their wages as they please are not restricted relative to the ability of those ordinarily resident in that member to do so; to this end, members:
      
      • shall allow migrant workers to transfer part of their wages as remittances back to their home state,
      • shall refrain from taxing any money (whether or not sent as remittances) simply because it has entered or left their jurisdiction,
      • shall further refrain from taxing any money that has entered their jurisdiction if it has already been taxed by the nation it was sent from, and
      • are urged to ensure that any additional, non-tax fees imposed on the transfer of remittances from their jurisdiction are not overly excessive,
   4. migrant workers enjoy the same legal protections from deportation and extradition that are enjoyed by those ordinarily resident in that member, and that
   5. no documents held by a migrant worker that facilitate their ability to work in that member (such as passports) are seized by that member, their employer, or agents of either entity without due process of law, nor destroyed by the same under any circumstances,
3. directs members to ensure that migrant workers can access health services independently of any health services offered by their employer,
4. orders members not to prevent migrant workers from arriving if they are unincarcerated, not quarantining, and otherwise comply with all national and international laws on migration when seeking entry; and recommends that members not impose similarly undue burdens on the immigration of those migrant workers' spouses, otherwise cohabiting partners, children, and parents or carers,
5. strongly urges those advertising jobs (whether or not for migrant workers) to accurately indicate the wage that such jobs offer and the working hours expected from such jobs,
6. permits member states to prevent migrant workers from being employed to carry out those jobs which are critical for national security, such as prohibiting their enlistment in the military, and
7. clarifies that Article b(ii) does not require member states or their political subdivisions to allow any migrant workers they are hosting to stand at or vote in their elections, nor to vote in their referenda.

Co-authored with Honeydewistania and Scalizagasti.

[Honeydewistania]

When the workers are migrating!

[WayNeacTia]

orders members not to prevent migrant workers or their family members from arriving if they are unincarcerated, not quarantining, and otherwise comply with all national and international laws on migration when seeking entry,

Keep this line and you have effectively made the resolution moot. Remove it and no one will vote for it. Tough choice you have here.

[Wallenburg]

orders members not to prevent migrant workers or their family members from arriving if they are unincarcerated, not quarantining, and otherwise comply with all national and international laws on migration when seeking entry,

Keep this line and you have effectively made the resolution moot. Remove it and no one will vote for it. Tough choice you have here.

"To the contrary, Wallenburg will oppose to its fullest ability this proposal, should this clause persists. It forbids member states from restricting immigration of those who have nothing to contribute, simply because they are the second cousin of someone who crosses the border to do harvest work. I also fail to see the value of this:

all rights guaranteed to, and all responsibilities imposed upon, those ordinarily resident in that member by national or international law (including the right to join and create trade unions) also apply to migrant workers, subject to Article f and any explicit restrictions established by prior and standing international law,

"Why should migrant workers be treated like residents when they are not residents?"

[Bears Armed]

the ability of migrant workers to dispose of their wages as they please are not restricted relative to the ability of those ordinarily resident in that member to do so; to this end, members shall allow migrant workers to transfer part of their wages as remittances back to their home state,

OOC: As those remittances would be crossing international borders, any taxation levied on the transfers would not be a part of the nations' 'domestic taxation' and thus would not be covered by the restriction on WA authority included in GA#17: I suggest that nations be barred from placing extra taxes on the money on the basis that it is being transferred out of or into their jurisdiction, and also a ban on 'double taxation' of this money so that if it is taxed in the nation where it is initially obtained it cannot then be [directly] taxed in the nation to which it is sent.

[Tinhampton]

Following some consideration, I believe that there is sufficiently little overlap between this draft and Hulldom's for ours to co-exist rather than compete. Accordingly, I have given him my reassurances that I will not be submitting this before he submits his Convention and added a new clause into the preamble to reflect this.

When the workers are migrating!

Thanks, Honeydew; I'll be sure to keep this in mind the next time I retool my draft.

OOC: [snip]

Consider it done.

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orders members not to prevent migrant workers or their family members from arriving if they are unincarcerated, not quarantining, and otherwise comply with all national and international laws on migration when seeking entry,

Keep this line and you have effectively made the resolution moot. Remove it and no one will vote for it. Tough choice you have here.

"To the contrary, Wallenburg will oppose to its fullest ability this proposal, should this clause persists. It forbids member states from restricting immigration of those who have nothing to contribute, simply because they are the second cousin of someone who crosses the border to do harvest work.["]

Anderson: Article d will likely be maintained for migrant workers themselves. For the time being, the section on their families has had its scope significantly narrowed and watered down to a recommendation.

I also fail to see the value of this:

all rights guaranteed to, and all responsibilities imposed upon, those ordinarily resident in that member by national or international law (including the right to join and create trade unions) also apply to migrant workers, subject to Article f and any explicit restrictions established by prior and standing international law,

"Why should migrant workers be treated like residents when they are not residents?"

Anderson: Apart from the right to vote - which has already been covered in my Article f - are there any other rights that you believe migrant workers should not necessarily enjoy on an equal basis with citizens?

[Wallenburg]

"To the contrary, Wallenburg will oppose to its fullest ability this proposal, should this clause persists. It forbids member states from restricting immigration of those who have nothing to contribute, simply because they are the second cousin of someone who crosses the border to do harvest work.["]

Anderson: Article d will likely be maintained for migrant workers themselves. For the time being, the section on their families has had its scope significantly narrowed and watered down to a recommendation.

"What is an 'immediate family member', and why is their familial status more relevant than any other family member?"

I also fail to see the value of this:

all rights guaranteed to, and all responsibilities imposed upon, those ordinarily resident in that member by national or international law (including the right to join and create trade unions) also apply to migrant workers, subject to Article f and any explicit restrictions established by prior and standing international law,

"Why should migrant workers be treated like residents when they are not residents?"

Anderson: Apart from the right to vote - which has already been covered in my Article f - are there any other rights that you believe migrant workers should not necessarily enjoy on an equal basis with citizens?

"The right not to be deported would seem a rather relevant one. Holding office and serving in the military are also quite important distinctions. I will also note that you only deny these migrant workers the right to vote in elections. Non-election votes are not covered, thereby granting aliens near-total political power equal to a real citizen."

[WayNeacTia]

orders members not to prevent migrant workers or their family members from arriving if they are unincarcerated, not quarantining, and otherwise comply with all national and international laws on migration when seeking entry,

Keep this line and you have effectively made the resolution moot. Remove it and no one will vote for it. Tough choice you have here.

"To the contrary, Wallenburg will oppose to its fullest ability this proposal, should this clause persists. It forbids member states from restricting immigration of those who have nothing to contribute, simply because they are the second cousin of someone who crosses the border to do harvest work.

otherwise comply with all national and international laws on migration when seeking entry,

Yeah... Make contribution an immigration requirement and voila. Further to that, you could very well define a migrant worker within the scope of national law as someone who has crossed the border legally, and fills an immediate need within your nation. Without these requirements being met, they are simply another visitor and none of these rules will apply to them.

[Wallenburg]

"To the contrary, Wallenburg will oppose to its fullest ability this proposal, should this clause persists. It forbids member states from restricting immigration of those who have nothing to contribute, simply because they are the second cousin of someone who crosses the border to do harvest work.

otherwise comply with all national and international laws on migration when seeking entry,

Yeah... Make contribution an immigration requirement and voila. Further to that, you could very well define a migrant worker within the scope of national law as someone who has crossed the border legally, and fills an immediate need within your nation. Without these requirements being met, they are simply another visitor and none of these rules will apply to them.

"That's an extremely bad-faith interpretation. For your first suggestion, it is clear in the language of this law that you cannot apply extra requirements to these migrant workers. They must obey the law while seeking entry, but having no job skills is not against the law. For your second suggestion, the proposal itself lays out a definition of 'migrant worker'. To ignore that definition and implement a different one is to simply violate the law."

[Tinhampton]

Anderson: Thank you for your suggestions and other concerns, Ambassador Ogenbond. Regarding your point about deportation, I point you to Article b(iv).

[WayNeacTia]

otherwise comply with all national and international laws on migration when seeking entry,

Yeah... Make contribution an immigration requirement and voila. Further to that, you could very well define a migrant worker within the scope of national law as someone who has crossed the border legally, and fills an immediate need within your nation. Without these requirements being met, they are simply another visitor and none of these rules will apply to them.

"That's an extremely bad-faith interpretation. For your first suggestion, it is clear in the language of this law that you cannot apply extra requirements to these migrant workers. They must obey the law while seeking entry, but having no job skills is not against the law. For your second suggestion, the proposal itself lays out a definition of 'migrant worker'. To ignore that definition and implement a different one is to simply violate the law."

"Against which law? Wallenburg national law, as I am pretty confident there is no WA resolution on that particular subject. If so, good on you I guess. Until forced otherwise, if you are of no use in Wayneactia, keep your ass on the other side of the border."

Wayne

[Imperium Anglorum]

A migrant worker now includes a person with right of abode who just got a job. Perhaps Tinhampton is confusing an integrated labour market and freedom of movement with Ukip propaganda.

[Olivier Hall]

Interesting thoughts guys. There is a lot of discrimination and prejudice in relation to migrants in our time and this is a rather important intellectual problem that should be discussed quite actively. On the site https://gradesfixer.com/free-essay-examples/discrimination-and-prejudice/ I recently read several interesting essays on this topic and I can say that a lot of discussions are based precisely on the unwillingness of right-wing regimes to understand human feelings and difficulties ...

[Araraukar]

OOC: v. would seem to take away the ability of a member nation's border control to seize documentation obviously not belonging to that person, even if it has been reported stolen, as long as they try to use the documentation to get a job.

IC: "No support to any attempt at trying to take away a nation's ability to control who does and doesn't get to enter it or what they can or can't take across the borders."

[The Hazar Amisnery]

2022? Its just a WA proposal. They don't have any in-game effect unless its some roleplay thing.

[WayNeacTia]

2022? Its just a WA proposal. They don't have any in-game effect unless its some roleplay thing.

Really? They don't change stats?