1.4.3. HUMAN RIGHTS OF MIGRANTS AND MIGRANT WORKERS85 In addition to their status as “non-citizens”, considered at 1.3 above, trafficked persons outside their own country may also fall into related legal categories including those of “migrant” or “migrant worker.” This will be important to the extent that such classification provides additional or alternative means of securing protection and support. States and the international human rights system have repeatedly affirmed the special vulnerabilities faced by migrants and the particular nature of the violations to which they are subject.86 However, international human rights law does not provide extensive protections for migrants or migrant workers beyond those identified above as being applicable to all noncitizens. State obligations towards trafficked persons as migrants or migrant workers will For more on trafficked persons as migrants and migrant workers, see Gallagher, International Law of Human Trafficking, chap. 3. 85 See, for example, Migrant Workers Convention; General Assembly resolution 54/166 on the protection of migrants; Human Rights Council resolution 11/9 on human rights of migrants in detention centres; Human Rights Council resolution 9/5 on the human rights of migrants; Human Rights Council resolution 8/10 on the human rights of migrants: Mandate of the Special Rapporteur on the Human Rights of Migrants; Commission on Human Rights resolution 2004/53 and 2005/47 on the rights of migrants; Commission on Human Rights resolution 2004/49 on violence against women migrant workers; Commission on Human Rights resolution 2002/62 and 2003/46 on the human rights of migrants; Commission on Human Rights resolution 2002/58 on violence against women migrant workers; Commission on Human Rights resolution 2002/59 on the protections of migrants and their families; Committee on the Elimination of Racial Discrimination, general recommendation No.30: Discrimination against Non Citizens; Report of the World Conference on Human Rights, Vienna, 14–25 June 1993 (A/CONF.157/24, Chapter III, Programme of Action, Part 1, paras. 24, Part II, paras. 33-35); Declaration on the Human Rights of Individuals Who are not Nationals of the Countries in which They Live. 86 generally flow from the non-discrimination clauses found in the major human rights treaties and from international legal rules that do not permit differentiation in the treatment of nationals and non-citizens in the matter of fundamental human rights. That will not always be sufficient to guarantee the rights of this group – particularly its most vulnerable members: migrant workers who have entered and/or are residing unlawfully within the host State and who may well have been trafficked. Several international treaties provide important additional protections, and these are identified below. ILO INSTRUMENTS PROTECTING MIGRANT WORKERS The International Labour Organization has developed two broad conventions protecting the rights and interests of migrant workers. The first of these, adopted in 1949, is the ILO Migration for Employment Convention (Revised),87 which covers individuals who migrate from one country to another with a view to working for an employer (i.e. not in a selfemployed capacity). The Convention requires States parties, inter alia, to maintain or facilitate a reasonable and free service in order to assist migrant workers and to provide them with correct information; to take all appropriate steps against misleading propaganda concerning immigration and emigration; and to ensure legal equality in matters of work (opportunity and treatment) between documented migrants and nationals. The Convention does not specifically address the question of undocumented or illegal migrants apart from requiring States to impose “appropriate penalties” on those promoting clandestine or illegal migration. Migration for Employment Convention (Revised), 1949, ILO No. 97, entered into force 22 January 1952. This Convention is accompanied by ILO Recommendation No. 86 concerning Migration for Employment (Revised), 1949. 87 COMMENTARY 67