Statement for International Human Rights Day
10 December 2024

APWLD Calls for elimination of discriminatory law against migrant to form and join associations

Exercising the right to freedom of association is essential for women migrants in protecting and unlocking the enjoyment of their human rights and accessing justice

Freedom of association is a fundamental human right guaranteed in the Universal Declaration on Human Rights (UDHR) and the International Covenant of Civil and Political Rights (ICCPR) as well as in various other international human rights instruments. The right to freedom of association involves the right of individuals to interact and organise among themselves to collectively express, promote, pursue and defend common interests, which includes the right to form trade unions. Under the non-discrimination principles guaranteed in Articles 2 and 26 of the ICCPR, the protection of the right to freedom of association extend to everyone, including migrants regardless of their status. Moreover, ILO’s Convention No. 87 too protects the freedom of association and workers’ right  to organise, to safeguard the rights of workers and whom they are represented by. The right to freedom of association is especially essential for migrants to express their needs, protect their right to life, fight against ethnonationalist and xenophobic discrimination, and defend their economic, social, cultural and other human rights.

However, the increased hostility and legal restrictions on freedom of association have further exacerbated the vulnerability of migrants and their advocates to exploitation and abuse in the workplace, as well as in their social life and/or in their place of destination. Women migrants particularly face the brunt of the lack of representation at unions, organisations, as well as the policy decision making space, because of intricate ties of oppression through patriarchy and citizenship status. This has narrowed the options women migrants have, to protect their rights. Restrictions on the freedom of association of women migrants and migrants rights defenders further hinder their enjoyment of human rights and access to justice, leaving them with ever-increasing outstanding cases of human rights violations. These situations were also described in the Report from the Special Rapporteur on Human Rights of Migrants concerning the Right to freedom of association of migrants and their defenders.

Without the right to associate, achieving other labour rights and human rights becomes difficult if not impossible. Labour rights form an integral part of human rights, and are critical in ensuring that inequalities are reduced. Given the current state of the world – with increasing democratic backsliding, erosion of fundamental human rights, immigration systems, and the prevalence of unfree labour, now more than ever, it is imperative to recognise that the freedom of association is an international human right. On this International Human Rights Day, APWLD calls for intensified efforts to recognise that the freedom of association is an inalienable and fundamental human right, promote freedom of association across the Asia Pacific region, and uphold the rights of all workers – especially migrant workers – to associate freely.

Read the full briefer on the Right to Freedom of Association for Women Migrants here.