The OSCE participating States have made numerous commitments in relation to migrants; they have affirmed the importance of existing international standards and instruments relating to the protection of and assistance to refugees. They also in Madrid (1983), expressed their concern about the protection of migrant workers rights and acknowledged that improvement of the protection of their human rights, including their economic, social and cultural rights is necessary.

All the above rights are essential for migrants to be adequately protected in the countries of migration and to enable them to have an opportunity to integrate into those societies. Rights and entitlements in particular States will frequently differ according to migration status for example, asylum seekers and refugees may be entitled to different levels of rights and benefits than migrant workers. Once on the territory of the State individuals have the right to claim asylum under the 1951 Convention Relating to the Status of Refugees, once a claim has been made they may then be entitled to the freedom to move freely within the country, temporary residence permits, welfare benefits, housing, access to employment, and health care. Once recognised as refugees individuals may then be entitled to permanent residence permits, and the same rights and entitlements that are available to nationals. There is enormous diversity in relation to the treatment of asylum seekers and refugees among OSCE countries, in some States the rights described may be guaranteed whereas in others there may be little or no rights and entitlements whatsoever afforded to this group.

Migrant workers also receive very diverse levels of rights and entitlements in different States, from equality with nationals to marginalisation and very little or no protection or rights at all. This again may depend on migration status and whether or not the migrant worker is regular or irregular. Fortunately UN law to come into force in July 2003, on migrant workers provides protection to both groups. Those States that have signed and ratified the UN Migrant Workers Convention will be required to protect a number of the rights of all migrant workers. These rights include: the right to equality with nationals of the State concerned before the Courts and Tribunals; the right not to be treated less favourably than nationals in respect of remuneration for employment and conditions of work and the terms of employment; emergency medical care and basic education.

Analysis provided by Anisa Niaz, LLM (Public Law), United Kingdom.