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The ongoing so called “migration crisis” remains a big concern for many societies across Europe. Governments keep struggling to find an appropriate way to deal with the influx of people. The International Labour Organisation (ILO), the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the Inter-Parliamentary Union (IPU) jointly published a handbook for parliamentarians issuing “Migration, Human Rights and Governance”. The handbook is proposing a balanced approach to make effective laws and policies that address the human rights of migrants and the governance of migration. The handbook primarily gives advice to parliamentarians  but can also function as a tool and support for advocacy and cooperation with parliamentarians and other officials on migration legislation and policy.

Reading the handbook, it was particularly interesting to see the gap between the principles of international human rights law and the application in practice. As quoted in the handbook for parliamentarians, “States are prohibited from returning anyone to countries where they would face torture, other serious human rights violations or persecution on grounds,” set out in the 1951 Geneva Convention Relating to the Status of Refugees and the 1967 Protocol. Regarding the situation at the borders of Slovenia, Croatia, Serbia and Macedonia, where migrants are currently sorted by nationality, deciding if they can enter or not, international law does not comply with what is practiced in Europe.

The handbook pays particular attention to the protection of migrants, naming five key human rights principles:

1) Effective recognition of economic, cultural and social rights

2) Freedom of association and the right to collective bargaining

3) Elimination of all forms of forced or compulsory labour (including trafficking for forced labour and labour exploitation)

4) Migrant children’s rights, including the abolition of child labour

5) “Movement rights” (including free movement within, and the right to leave and return to, a country, as well as restrictions on such movement)

The right to freedom from discrimination and to equality and opportunity described as the basis for the enjoyment of all other rights in the handbook is particularly important for social cohesion in Europe’s societies. An increase of xenophobic and racist ideologies is one of the main challenges for parliamentarians to contribute to combating discrimination against migrants. Concerning the issue of discrimination, the handbook pays attention to language used by parliamentarians and gives the advice to, “refrain from inflammatory, racially charged or xenophobic language in and outside of [the] parliament, and combat xenophobic attitudes and negative stereotyping of migrants in the media.” The handbook also calls for the elaboration of anti-discrimination legislation as well as the revision of law and practice. Regarding the vulnerability of migrants and the multiple vulnerabilities of female migrants and children, the handbook gives advice to, “oppose systems that place migrant workers in a vulnerable situation.” Opposing systems that put migrants in a vulnerable situation should not only be applied in the area of labour but also broadened with the aim of combating such systems in all areas of life.

Monitoring the legislative framework in international, European and regional law there is a need to implement existing laws much better in order to change practices. As stated in the handbook, “there is no shortage of laws and policies on migration”, but there is a lack of good practice and implementation. Of course, not all emerging challenges can be solved only with implementing existing legislation, but it is a good start to go back to the human rights based approach that puts the individual human being in the centre of all practices and taken measures.