A/RES/33/163 GA

152 General Á88embly-Thirty-third Session Recognizing that the migratory labour system is one of the major instruments of apartheid, Mindful of the gross indignities it inflicts on workers, who are denied many of their basic human rights, Noting that it undermines family life and disrupts agrarian economies, Hereby pledge ourselves to strive for the abolition of the migratory ,labour system practised in South Africa and, pend- ing its elimination, agree to the present Charter of Rights for Migrant Workers in Southern Africa. CHAPTER I RIGHTS OF ASSOCJATION, MOVEMENT AND RESIDENCE Article l AH workers shall have the right to: (a) Form and join trade unions of their own choice; (b) Participate in coHective bargaining on equal terms with all other workers regardless of race, sex, political affilia- tion or religion; (e) Withhold their labour by strike action in support of their demands. Article 2 All workers shall have the right to freedom of movement and shaill not be required to carry a pass or similar document. Article 3 All workers shall have the right to be accommodated near their place of work with their families in suitable houses under home ownership schemes or to reside elsewhere if they choose so to do. Article 4 All workers shall have the right of occupation free from colour bar, job reservation and all other forros of discrimi- nation. Article 5 Every worker, regardless of race or sex, shall have the right to work, choose his occupation and change from one employer to another without foss of accrued benefits and claims to promotion. Article 6 AU workers, without exception, shall have the right to equal pay for equal work. Article 7 Ali workers shall have equal rights to vocational training and adult education for the purpose of acquiring skills and increasing their awareness. CHAPTER II RIGHT TO A DECENT STANDARD OF LJVING Article 8 Every worker is entitled to a mínimum basic wage sufficient for the maintenance of the health and weM-being of his family. Article 9 All workers shall have the right to adequate protection against occupational accidents and diseases by means of ap- proved safeguards and close supervision by an independent industrial and farming inspectorate operating in conjunction with workers' representatives. Artide JO Ali workers and their families shall have an equal and absolute right to adequate, immediate and effective compensa- tion for death or disability arising out of ocoupational diseases and accidents. Article 11 AM workers shall have a right to: (a) Free medica! services for themselves and their families; ( b) Sick leave and, where applicable, maternity lea ve with ful! pay; (e) Annual paid holidays. Article I 2 Ali workers shall be entitled to retire on ful! pension or with a gratuity proportionate to their period of service. Article 13 A.ll workers shall have a right to determine their terms and conditions of employment through collective bargaining. Article 14 Ali workers shall have a right to unemployment bcnefits. Article 15 All women workers shall have the right to participate in ali sectors of the economy without discrimination in respect of wages, training, job allocation or pension benefits. 33/163. Measures to improve the situation and ensure the human rights and dignity of all migrant workers The General Assembly, Recalling the provisions of the Universal Declara- tion of Human Rights68 and the Intemational Con- vention on the Elimination of All Forros of Racial Discrimination, 60 Considering the Migrant Workers (Supplementary Provisions) Convention, 1975,70 and the Recommenda- tion concerning Migrant Workers, 1975,71 adopted by the General Conference of the lnternational Labour Organisation, A ware of the fact that the problem of migrant workers is becoming more serious in certain regions for transient political and economic reasons and for social and cultural reasons, Recalling that the family is the natural and funda- me~tal group 1:1nit of society and is entitled to pro- tect10n by society and the State and that, in that context, the families of migrant workers are entitled to the same protection as the migrant workers themselves, Bearing in mind the need for the Governments of h<?st coun_tries and of_ countt?es of origin to co-operate w1th a v1ew to findmg satisfactory solutions to the situation of migrant workers, Considering the provisions relating to the question of migrant workers contained in the Declaration and the Programme of Action adopted by the World Con- ference to Combat Racism and Racial Discrimination,72 Recalling its resolution 32/ 120 of 16 December 1977, Bearing in mind Economic and Social Council reso- lution 1978/22 of 5 May 1978, 118 Resolution 217 A (III). 69 Resolution 2106 A (XX), annex. 70 International Labour Office, Ofjicial B111/etin, vol. LVIII, 1975, series A, No. 1, Convention No. 143. 71 /bid., No. 1, Recommendation No. 151. 72 Report of the World Conference to Combat Racism and Racial Discrimination, Geneva, 14-25 Au¡?ust 1978 (United Nations publication. Sales No. E.79.XIV.2), chap. 11. VI. Resolutions adopted on the reports of the Third Committe" 153 Noting with appreciation the efforts of the United Nations Educational, Scientific and Cultural Organiza- tion in the field of the education of migrant workers and their families, Having taken note of the report of the Economic and Social Council,73 I. Calls upon all States, taking into account the provisions of the relevant instruments adopted by the International Labour Organisation and of the Inter- national Convention on the Elimination of All Forms of Racial Discrimination, to take measures to prevent and put an end to all discrimination against migrant workers and to ensure the implementation of such measures; 2. Invites all States, particularly host countries, to give the widest possible dissemination, ínter alia through the mass media, to information aimed at promoting better public understanding of the contribu- tion of migrant workers to the economic growth and social and cultural development of those countries and at fostering a climate of mutual understanding; 3. Also invites the Governments of host countries to adopt the necessary measures to prevent any activity that might be prejudicial to the interests of migrant workers; 4. Again invites the Governments of host coun- tries to give consideration to adopting definitive meas- ures to promote in their territories a normal family life for migrant workers by reuniting families; 5. Expresses the hope that the Commission on Human Rights will submit to the Economic and Social Council at its first regular session of 1979 the study recommended in General Assembly resolution 32/120, on the basis of the concrete proposals formulated by the Working Group established pursuant to Council resolution 1978/22; 6. Calls upon all States to give consideration to ratifying the Migrant Workers (Supplementary Pro- visions) Convention, 1975, adopted by the General Conference of the International Labour Organisation; 7. Requests the Secretary-General to explore with Member States and in co-operation with the United Nations agencies, particularly the International Labour Organisation, the possibility of drawing up an inter- national convention on the rights of migrant workers; 8. Invites the Governments of host countries to adopt measures to ensure that the children of migrant workers receive genuinely equal treatment in the field of education and training; 9. Also invites those Govemments to co-operate with the United Nations Educational, Scientific and Cultural Organization with a view to enabling migrant workers and their families to benefit from all necessary opportunities in the field of education in order to enable them to participate fully in the life of the society of the host country while preserving their national and cultural identity. 90th plenary meeting 20 December 1978 73 Official Records of the General Assembly, Thirty-third Session, Supplement No. 3 (A/33/3 ), paras. 319-321. 33/164. Assistance to South African student refugees The General Assembly, Recalling its resolutions 31/126 of 16 December 1976 and 32/119 of 16 December 1977 conceming assistance to South African student refugees, Recalling also Security Council rcsolution 417 ( 1977) of 31 October 1977 and Economic and Social Council resolution 1978/55 of 2 August 1978, in which, ínter afia, an appeal was made to all Governments, organiza- tions and United Nations agencies to make generous contributions to the United Nations emergency pro- grammes of assistance to South African student refugees, Deeply concerned by the discriminatory education policies and repressive measures being applied by the Government of South Africa against black students in that country, Noting that the Governments concerned expect the flow of student refugees from South Africa into their countries to continue while these discriminatory policies and repressive measures are maintained, A ware that the continued influx of South African student refugees fleeing from these repressive policies continues to cause pressure on the available educa- tional and other facilities in neighbouring countries offering asylum to those students, Recognizing the need to provide assistance to those countries to help them to provide adequate facilities to the student refugees, Having considered the report of the Secretary- General74 containing the findings of the review missions sent by him to Botswana, Lesotho, Swaziland and Zambia in May and J une 1978 to examine the status of the programmes of assistance to South African student refugees, Recognizing that the international assistance pro- vided so far has made possible the implementation of major components of the emergency assistance pro- grammes for South African student refugees in the region, but that further international assistance is still required for their care, subsistence and education, 1 . Endorses the assessment and recommendations contained in the report of the Secretary-General and commends him and the United Nations High Commis- sioner for Refugees on their efforts to mobilize re- sources and organize the programmes of assistance to South African student refugees in the host countries; 2. Notes with appreciation that the Governments of Botswana, Lesotho, Swaziland and Zambia continue to grant asylum and make educational and other facilities available to the student refugees in spite of the pressure which the continuing influx of these refugees exerts on facilities in their countries; 3. Notes with satisfaction the contributions made by various States, United Nations agencies and in- tergovernmental and non-governmental organizations towards meeting the needs of South African student refugees; 4. Expresses concern that, in spite of the contribu- tions made so far, the needs of South African student refugees continue to increase; 5. Requests all agencies and prograrnmes of the United Nations system, including the United Nations 74 A/33/163 and Corr.l.

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