In “Economic and social aspects of migrant labor” (Helsinki 1975) the participating States take account of the phenomenon of workers’ migrations, and delineate their position to solve the  economic, social, human and other problems arising from it as well as the workers’ rights.

The hosting countries must ensure equality of rights between migrant workers and nationals with regard to conditions of employment and work and to social security. They should also endeavor to guarantee that migrant workers enjoy satisfactory living conditions - especially housing conditions – and the same opportunities as nationals of finding other suitable means of employment in case of unemployment; migrant workers should receive, as far as possible, regular information in their own language, and children of migrant workers should have access to the education usually given in the host country, under the same conditions as the national children as well as receive supplementary education in their own language. Family reunification should be facilitated.

In the Madrid document of 1983 (Co-operation in the Field of Economics, of Science and Technology and of the Environment, paragraphs. 27 and 28) the participating States mention, inter alia, the protection of the human rights of migrant workers, including their economic, social and cultural rights while taking particularly into account the special problems of second generation migrants. They also recommend that, among other measures for facilitating the social and economic reintegration of returning migrant labor, the payment of pensions as acquired or established under the social security system to which such workers have been admitted in the host country should be ensured by appropriate legislative means or reciprocal agreements.

The same principles are reaffirmed in the Vienna document of 1989 (Cooperation in other areas, paragraphs 40 to 44) where the participating States also recommend the promotion of bilateral cooperation in relevant fields with a view to facilitating the reintegration of migrant workers and their families returning to their country of origin. In the Copenhagen document (paragraphs 22 to 22.4) the participating States reaffirm their commitment to protection and promotion of the rights of migrant workers and agree that the protection and promotion of the rights of migrant workers are a concern of all participating States and that as such they should be addressed within the CSCE process; they reaffirm their commitment to implement fully in their domestic legislation the rights of migrant workers provided for in international agreements to which they are parties and express their readiness to examine, at future CSCE meetings, the relevant aspects of the further promotion of the rights of migrant workers and their families.

In “Migrant Workers”, a document created in Paris in 1990, the participating States recognize that the issues of migrant workers and their families have economic, cultural and social aspects as well as their human dimension and reaffirm that the protection and promotion of their rights, as well as the implementation of relevant international obligations, is one of their common concerns.

Paragraph 38 of the Moscow 1991 document underlines the right of migrant workers to express freely their ethnic, cultural, religious and linguistic characteristics. They condemn all acts of discrimination on the ground of race, color and ethnic origin, intolerance and xenophobia against migrant workers (38.1) and, in conformity with domestic law and international obligations, they will take effective measures to promote tolerance, understanding, equality of opportunity and respect for the fundamental human rights of migrant workers and adopt, if they have not already done so, measures that would prohibit acts that constitute incitement to violence based on national, racial, ethnic or religious discrimination, hostility or hatred. They commit to adopt appropriate measures that would enable migrant workers to participate in the life of the society of the participating States (38.2) and recommend that the CSCE in its future work consider appropriate means to hold focused discussions on all issues regarding migrant workers, including, inter alia, familiarization with the language and social life of the country concerned (38.4).

In the Helsinki document (Decisions, chapter VI, paragraphs 36 to 38) the participating States reaffirm the commitments of the previous documents and restate that human rights and fundamental freedoms are universal, that they are also enjoyed by migrant workers wherever they live. They also stress the importance of implementing all CSCE commitments on migrant workers and their families lawfully residing in the participating States. In Budapest (Decisions, chapter VIII, par. 28 to 31) the participating States reconfirm that human rights are universal and indivisible, repeat their commitments in this specific field and stress that appropriate measures should be taken to better prevent racist attacks and other manifestations of violent intolerance against migrant workers and their families, condemning all acts of discrimination on the ground of race, color and ethnic origin, intolerance and xenophobia against migrant workers. They will continue to promote the integration of migrant workers in the societies in which they are lawfully residing and, recognizing that a successful process of integration also depends on its active pursuit by the migrants themselves, decide to encourage them in this regard.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.