Rejected asylum seekers: the problem of return

During this decade the return of rejected asylum seekers has become an issue of increasing concern to major asylum states in the industrialized world. This article exposes the various political and legal approaches taken by returning states as well as the constraints emerging from human rights law.
As a rigid control paradigm and related enforcement practices entail a considerable risk of human rights violations, it seems reasonable to focus on measures enhancing the voluntary compliance of all actors involved with norms governing return.
This means negotiating a broad political consensus between returning states and countries of origin, specifying the legal framework with a view to securing the human rights of the rejectee, arranging for impartial monitoring of return practices and rendering voluntary forms of return more attractive.     

网络时代妇女隐私权的特殊保护

网络时代妇女隐私权的保护是当今世界各国人权保护的一个薄弱环节,是一个具有时代特点的崭新的课题。2008—2010年,中国制定并基本实现了第一个“国家人权行动计划”设计的主要目标。网络时代对妇女隐私权的特殊保护,应成为新的国家人权行动计划的内容,成为中国人权保护发展进步的重要指标之一。     

Drafting an international convention on the protection of the rights of all migrant workers and their families

This introduction cites the genesis and history of the International Convention, briefly notes the underlying principles, and broadly states the significance of the text. The draft consists of a Preamble and 91 articles covered in 8 parts: 1) scope and definitions of migrant workers and their families, 2) fundamental human rights of all migrants, 3) additional rights for migrant workers and their families, 4) provisions applicable to particular categories of migrant workers, 5) promotion of sound, equitable and humane conditions in connection with lawful international migration of workers, 6) application of the Convention, 7) general provisions, and 8) final provisions. The importance of this convention is that for the 1st time the rights of all migrant workers, including non-documented workers, will be listed and these rights will be universal and international beyond national definitions. While fundamentally a human problem, migrant workers and their families are also a political and economic issue; the Convention is a means to facilitate and promote bilateral and multilateral relations which can further peace and security.     

Basic humanitarian principles applicable to non-nationals

This article examines the general status in international law of certain fundamental human rights to determine the minimum "no derogation" standards, and then surveys a number of formal agreements between stages governing migration matters, while examining some of the standard-setting work undertaken by the International Labor Organization (ILO) and other institutions. Article 13 of the Universal Declaration of Human Rights, proclaims the right of everyone to leave any country, including his or her own. The anti-discrimination provision is widely drawn and includes national or social origin, birth, or other status. Non-discrimination is frequently the core issue in migration matters; it offers the basis for a principles approach to questions involving non-nationals and their methodological analysis, as well as a standard for the progressive elaboration of institutions and practices. As a general rule, ILO conventions give particular importance to the principle of choice of methods by states for the implementation of standards, as well as to the principle of progressive implementation. Non-discrimination implies equality of opportunity in the work field, inremuneration, job opportunity, trade union rights and benefits, social security, taxation, medical treatment, and accommodation; basic legal guarantees are also matters of concern to migrant workers, including termination of employment, non-renewal of work permits, and expulsion. The generality of human rights is due not because the individual is or is not a member of a partucular group, and claims to such rights are not determinable according to membership, but according to the character of the right in question. The individualized aspect of fundamental human rights requires a case-by-case consideration of claims, and the recognition that to all persons now certain special duties are owed.     

Promoting human rights in the era of globalization and interventions: the changing spaces of struggle

A new cartography of geopolitical and corporate interests is reshaping the international order after September 11, calling into question the state's ability to secure fundamental rights for its citizens and to preserve participatory democracy. If civil society tends, among human rights activists, to be the preferred venue to articulate human rights concerns against the state and other powerful entities, one may wonder whether civil society has not become an arena dominated by consumerism or the pursuit of security. With the weakening of social forces for human rights in civil society as a buffer between the state and the private realm, how can we protect individuals from deepening incursions by the state and the globalized market in our age of war against terror? This article considers these issues, by placing them in historic context. More specifically, it examines how selected events since the Second World War have transformed the spaces which support and shape campaigns for human rights struggle.     

Economics for the right to work

This article argues that mainstream economic theory is one of the main reasons why the human right to work, which was recognized by the international community in 1966, appears not to have been taken seriously. In the mainstream discourse, labour is a cost, employment is a second‐tier objective, individuals are resources with production specifications, and rights are rigidities. Economics based on human rights and seeking to promote the right to work must construe that right as more than just fighting unemployment, regard full employment as an end in itself and place the individual at the heart of its raison d'être.     

Different forms,reasons and motivations for return migration of persons who voluntarily decide to return to their countries of origin

Although the 1973 oil crisis did not have the drastic effects on immigration which were originally feared, it did end a period of quasi-liberal immigration policy, establish intense and effective international cooperation on immigration, and arouse great interest in immigration studies and research. This paper analyzes the situations arising as a result of the petroleum shortage and focuses on the conditions relating to the return of emigrants to Southern European countries. This new research draws attention to the following fundamental aspects of the immigration problem: 1) the emigrant's return to his homeland cannot be considered a factor in development; it is a positive element in development only if the right socioeconomic conditions exist in the country of origin. 2) Concern for children's education is one of the most common reasons for return. 3) A large percentage of emigrants are satisfied with their work abroad. 4) An emigrant's return potential is wasted due to the slight use that is made of the resources he offers. 5) Returning workers most often want to set up an independent enterprise. 6) Savings are generally used to buy a house or farm. 7) Vocational level does not increase significantly between emigration and returning, though this increase becomes greater the longer the emigrant stays abroad. 8) The number of returning emigrants is too slight to bring about any change in the country of origin. 9) Incentives and subsidies to encourage return have not had a considerable impact on the decision to return. Callea recommends that officials of the country of origin posted abroad be assigned to counsel returning emigrants on finding employment, attending vocational development courses, obtaining housing, accruing interests and savings, and on the problems and perspectives of sociocultural reintegration.     

Human Rights of Migrants: Challenges of the New Decade

This review summarizes main trends, issues, debates, actors and initiatives regarding recognition and extension of protection of the human rights of migrants. Its premise is that the rule of law and universal notions of human rights are essential foundations for democratic society and social peace. Evidence demonstrates that violations of migrants' human rights are so widespread and commonplace that they are a defining feature of international migration today. About 150 million persons live outside their countries; in many States, legal application of human rights norms to non‐citizens is inadequate or seriously deficient, especially regarding irregular migrants. Extensive hostility against, abuse of and violence towards migrants and other non‐nationals has become much more visible worldwide in recent years. Research, documentation and analysis of the character and extent of problems and of effective remedies remain minimal. Resistance to recognition of migrants' rights is bound up in exploitation of migrants in marginal, low status, inadequately regulated or illegal sectors of economic activity. Unauthorized migrants are often treated as a reserve of flexible labour, outside the protection of labour safety, health, minimum wage and other standards, and easily deportable. Evidence on globalization points to worsening migration pressures in many parts of the world. Processes integral to globalization have intensified disruptive effects of modernization and capitalist development, contributing to economic insecurity and displacement for many. Extension of principles in the Universal Declaration of Human Rights culminated in the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. With little attention, progress in ratifications was very slow until two years ago. A global campaign revived attention; entry into force is likely in 2001. Comparative analysis notes that ILO migrant worker Conventions have generally achieved objectives but States have resisted adoption of any standards on treatment of non‐nationals. A counter‐offensive against human rights as universal, indivisible and inalienable underlies resistance to extension of human rights protection to migrants. A parallel trend is deliberate association of migration and migrants with criminality. Trafficking has emerged as a global theme contextualizing migration in a framework of combatting organized crime and criminality, subordinating human rights protections to control and anti‐crime measures. Intergovernmental cooperation on migration “management” is expanding rapidly, with functioning regional intergovernmental consultative processes in all regions, generally focused on strengthening inter‐state cooperation in controlling and preventing irregular migration through improved border controls, information sharing, return agreements and other measures. Efforts to defend human rights of migrants and combat xenophobia remain fragmented, limited in impact and starved of resources. Nonetheless, NGOs in all regions provide orientation, services and assistance to migrants, public education and advocating respect for migrants rights and dignity. Several international initiatives now highlight migrant protection concerns, notably the UN Special Rapporteur on Human Rights of Migrants, the Global Campaign promoting the 1990 UN Convention, UN General Assembly proclamation of International Migrants Day, the 2001 World Conference Against Racism and Xenophobia, anti‐discrimination activity by ILO, and training by IOM. Suggestions to governments emphasize the need to define comprehensive, coordinated migration policy and practice based on economic, social and development concerns rather than reactive control measures to ensure beneficial migration, social harmony, and dignified treatment of nationals and non‐nationals. NGOs, businesses, trade unions, and religious groups are urged to advocate respect for international standards, professionalize services and capacities, take leadership in opposing xenophobic behaviour, and join international initiatives. Need for increased attention to migrants rights initiatives and inter‐agency cooperation by international organizations is also noted.     

Turkey's Position on IDP Properties: Lessons (Not) Learned

Three issues: security, economics and justice, are the keys to comprehending the essence of problems of property and IDP return in conflict settings. The case of Turkey presents an interesting framework for analysing issues related to IDP property, both in the context of the Kurdish issue in the Southeast of the country, and in Cyprus. Comparing the position of Turkey in these two settings, the article argues that, while it utilizes domestic mechanisms to avoid international pressures very well, especially by exhausting the decisions of the European Court of Human Rights to reinforce legitimacy of its policies, Turkey's position on the return of and/or compensation for IDP properties lacks transparency, disregarding principles of justice without respect for human rights.     

International migration in Western Europe: reflections on the past five years

Five significant developments have occurred since 1974 with regard to the European labor force: 1) growth of return migration; 2) adoption of a new ILO Convention and Recommendation on return migration; 3) the movement towards a New International Economic Order; 4) the holding of the World Employment Conference in 1976; and 5) growing support for the idea that countries of origin should be compensated for out-migration of its citizens. About 1.5-2 million migrant workers have returned to their country of origin since the early 1970's when about 6 million workers and dependents were in Western Europe. The inequity that pervades international economic relations in general and migration in particular stems from the unequal bargaining power of the partners and the absense of corrective international social policies. The developing countries' wish for a new economic order questions the distributional aspects of the old liberal order. While raw materials and trade are covered comprehensively, labor movement is neglected. The growing realization that migration is a resource drain has led many poor countries to request compensation.     

Child Care as a Human Right: A New Perspective on an Old Debate

SUMMARY

A range of international human rights documents recognize the importance of child care for both parents and children, including the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women, and the International Covenant on Economic, Social and Cultural Rights. While domestic advocates within the United States have long argued for an expansion of government-supported child care, the significance of child care's status as an international human right has not been explored. In other nations, international law has played an important role in spurring governments to expand childcare services. Reframing the child care issue in the United States as a question of international human rights could be an effective way to enlist new allies, posit new paradigms, re-energize the child care debate and shift the domestic focus toward more progressive models.     

Travelling theory in China: contextualization,compromise and combination

In this article we explore the dissemination of human rights ideas in China through an ethnographic study of three women's organizations: the government's ‘letters and complaints’ department, the governmental NGO affiliated with it, and a legal aid centre; all are located in Beijing. We argue that there are two paths in China for the transmission of international human rights ideas – a government one and a non‐government one. The government path, featured as contextual and compromising, is rooted in socialist and collective values, and the governmental organizations we studied function squarely within the domestic legal framework and the concept of ‘women's rights and interests’. The non‐governmental path, by contrast, characterized by vernacularization, namely a combination of international ideas with local practice to promote legal reform in China, is the result of economic development and interactions with the international community. Both paths interact within their different spheres to further the development of women's rights.     

Gender and rural-urban migration in China

Many men and women in China are migrating in search of better economic opportunities. Young women who migrate to urban centers in search of opportunity may stay away from their home villages for several years. At some point, however, they are likely to return home. This article considers the effect which such circular migration is having upon gender relations in China. The author's argument is presented in sections on China's 1990 census, migration and the sexual division of labor, migration and child care, the influence of returning migrants, the influence of young female returnees, and the fertility of returnees. She speculates that the demands and expectations of young women who return to their villages after spending some time earning high wages in urban areas will be affected by urban norms. While their return may lead to initial conflict, it is likely that the women will retain greater personal autonomy from their urban experience. Their return is also likely to lead to a higher degree of material consumption in the rural areas. Present circular migration in China has the potential to return human and financial resources to the villages, thereby helping to prevent the urban-rural gap between economic, social, cultural, and educational factors from growing even wider.     

Principles of Protection for Internally Displaced Persons

For forced migrants who have not left their country but are internally displaced persons, human rights law provides an important framework through which to analyse and address their plight. Two principal reasons underpin this assertion.
First, owing to the compelling need: human rights violations cut across all phases of internal displacement, causing its occurrence, characterizing the conditions of physical insecurity and material deprivation in which the internally displaced often find themselves, and impeding equitable and lasting solutions.
Second, as internally displaced persons remain within the territory of their state, refugee law does not apply and, instead, human rights law provides the fundamental basis for addressing their plight. In addition to human rights law, other standards of international law are also relevant, namely international humanitarian law when displacement occurs in situations of armed conflict and refugee law by analogy.
Drawing on these three standards of international law, Guiding Principles on Internal Displacement have been developed which set out what protection should mean for internally displaced persons in all phases of displacement. This article traces the origins and provides an overview of the content of the Guiding Principles, the text of which is reproduced in full in the Appendix.     

NATION-STATES CONFRONT THE GLOBAL: Discourses of Indigenous Rights in Fiji and Tanzania

How do global issue constructions serve as resources for actors engaged in domestic political contention, and what does the appropriation of global ideas by domestic actors imply about the spread of global culture? To contribute to knowledge about conflict‐based diffusion of global ideas, we examine the histories of global constructions of indigenous rights and national debates about indigenous rights in Fiji and Tanzania. While global models of indigenous rights emphasize self‐determination for nondominant, culturally distinct groups at risk from the nation‐state, advocates for indigenization policies in Fiji and Tanzania have argued for state policies to entrench political and economic rights for majority or near‐majority groups that were well integrated into the nation‐state. Although transnationally connected indigenous rights organizations have a greater presence in Tanzania than in Fiji, actors in Fiji remain more engaged with changes in international indigenous rights discourse than their counterparts in Tanzania. This difference reflects variations in the leverage global culture offered in the two cases because of its externality to national political debates. In Fiji, actors appropriated global culture as a means to internationalize a domestic dispute, while in Tanzania the impetus for indigenization came from global economic pressures. Our findings imply that conflict‐based diffusion concentrates agency with respect to the use of global legal discourses in domestic actors rather than the globally connected actors and experts who carry global culture in consensus‐based diffusion.     

Asylum Seekers and Undocumented Migrants’ Increased Social Rights in Sweden1

The most direct way to regulate immigration is to decrease the possibilities to reach a state’s territory through visa demands, carrier sanctions, and limiting the chances of granting a residence permit even when a person succeeds in reaching a state’s territory. However, during the last decade several scholars noted that in an attempt to decrease the number of asylum seekers, states have also started to curb asylum seekers and undocumented immigrants’ right to work and social benefits. Intriguingly, even though Sweden has followed this international pattern of using direct ways to curb the number of asylum seekers, this paper shows that to a large extent Sweden has abstained from using the more recent indirect methods. Although there are examples of reductions in social benefits, the trend has generally been the reverse in Sweden. Unexpectedly, we suggest that an economic crisis, such as the one that occurred in Sweden in the early 1990s, may lead to an increase of certain rights. We also discuss a number of possible explanations for the Swedish case, including whether a proportional electoral system creates possibilities for small parties to influence policies pertaining to social rights. Furthermore, since we demonstrate that in recent years children have been the primary beneficiaries of an increase in social rights, we suggest that groups perceived to be vulnerable are more likely to experience an increase in social rights.     

The Power of Legal Norms in the EU's External Border Control

Despite an increased level of legalization of JHA, academic literature has paid little attention to the role of law in this field. It is the objective of this article to assess the EU's attempt to reconcile its current practices of extraterritorial border control coordinated by Frontex in the Mediterranean with international human rights law, notably the principle of non‐refoulement. By drawing on insights on both rationalist and constructivist accounts, we argue that international human rights principles such as non‐refoulement are usually broad enough for everyone to identify and agree with and to provide state actors sufficient leeway to interpret the rules according to their interest. However, thanks to the activities of numerous inter‐, supra‐, and transnational actors offering various and competing legal interpretations, EU member states feel compelled to react by triggering several rounds of rule‐specification that have the power to clarify pertinent law and strengthen fundamental rights standards.     

Emigration dynamics of eastern African countries

This examination of emigration dynamics focuses on 13 countries extending from Eritrea to Zimbabwe and Mozambique on the eastern African mainland and on 5 Indian Ocean island nations. The first part of the study looks at the temporal, spatial, and structural perspectives of emigration dynamics. Part 2 considers international migration in the region according to Appleyard's typology (permanent settlers, labor migration, refugees, and illegal migrants) with the additional category of return migration. Measurement issues in emigration dynamics are discussed in part 3, and the demographic/economic setting is the topic of part 4. The demographic factors emphasized include spatial distribution, population density, population structure, population dynamics, demographic transition, and the relationship between internal and international migration. Other major topics of this section of the study are the economic base, the human resource base, population and natural resources, the sociocultural context (emigration, chain migration, return migration, and migration linkages and networks), political factors (including human rights, minority rights and security, regional integration and economic cooperation, and the impact of structural adjustment programs), and a prediction of future emigration dynamics. It is concluded that refugee flows remain a major factor in eastern African countries but the development of human resources in the northern portion of the region indicates development of potential labor migration from this area. Data constraints have limited measurement of emigration in this region and may contribute to the seeming indifference of most eastern African countries to emigration policies. Emigration in this region has been triggered by deteriorating economic and political conditions and is expected to increase.     

Evaluating state regulation of private forest practices: What accomplishments at what costs

This paper summarizes research evaluating the cost and effectiveness of comprehensive state forest practice laws. These laws regulate forest management on private lands in seven of the United States with the goal of protecting a wide range of forest resources. Forest practice laws impose significant administrative costs on states and significant compliance costs on landowners and timber operators. Total state administration costs for 1984 are estimated at $10.1 million and total private sector compliance costs are estimated at $120.5 million, for a total regulation cost of $130.6 million. The resource protection effectiveness of state forest practice regulation is more difficult to quantify. However, a variety of indicators strongly suggest that regulation has led to significant improvements in forest resource conditions and has increased reforestation levels.     

The Self-determination of Indigenous Peoples and the Limits of United Nations Advocacy in Guerrero,Mexico (1998-2000)

This essay examines the visit to Mexico in February 2000 by Erica-Irene Daes, then chairperson of the United Nations Working Group on Indigenous Populations. I use the occasion of this visit to analyze the relationship between a regional indigenous organization in the state of Guerrero, the Mexican national state, and the United Nations within the larger context of the development of international law. I argue that the persistence today of a centuries-old bias in international law that privileges the "nation-state" and a related individualistic bias in the conception of human rights make UN support for indigenous self-determination highly equivocal. I begin with an examination of the Consejo Guerrerense and how its experience helps to illustrate the issues confronted by the indigenous rights movement in Mexico today. Then I provide background to place this movement and the United Nations in the context of the development of international and human rights law. The discourse of international human rights and the ways in which these rights are defined and advocated by the UN has serious limitations for Indians in Mexico. This is a cautionary tale about the real possibilities for social change in our global world.