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.     

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. [Excepts

This excerpt focuses on the laws concerning the protection of the rights of all migrant workers and members of their families. The excerpt takes into account the principles contained in the basic instruments of the UN about human rights; particularly, the Universal Declaration of Human Rights; the International Covenant on Economic, Social and Cultural Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; and the Convention on the Rights of the Child. Emphasized is the law stating that migrant workers and members of their families shall have the right to receive medical care that is required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment, along with nationals. It also grants migrant workers equality of treatment, along with nationals, with regard to access to social and health services, provided that the requirements for participation in the respective schemes are met.     

Drafting an International Convention on the Protection of the Rights of All Migrant Workers and Their Families

The open-ended Working Group (WG) completed its 3rd session of the 2nd reading on the Elaboration of an International Convention on the Protection of the Rights of All Migrant Workers and Their Families during September 24-October 3, 1986 in New York. In this session, the WG elaborated a "dictionary" of terms related to the migrant worker and members of the family of the migrant worker that, when ratified, will be viewed as international standards. The WG also approved 8 articles primarily relating to civil and political rights. These included articles regarding the rights of migrant workers and their families to 1) leave any State, including their State of origin; 2) life; 3) be excluded from forced or compulsory labor except under specific conditions; 4) the freedom of thought, conscience, and religion; 5) hold opinions without interference and the freedom of expression, subject only to certain restrictions; and 6) liberty and security of person. The Convention's intention was to ensure the application of human rights to migrant workers. There were nearly 60 participating states in attendance, with 1/3 of them from African states. African and Arab states played a very active role in the discussions. The number of women delegates has increased with each session. Future issues include 1) economic and cultural rights, and 2) the additional rights of migrant workers and their families in a regular situation of lawful status.     

Setting norms in the United Nations system: the draft convention on the protection of the rights of all migrant workers and their families in relation to ILO in standards on migrant workers

The author reviews the U.N.'s draft proposal concerning the rights of migrant workers and their families. "This article examines the nature and scope of obligations under the United Nations Convention and contrasts them with existing international standards. In the light of the elaboration of the U.N. Convention, the conditions of future normative activities to limit negative consequences of a proliferation of instruments and supervisory mechanisms are outlined." Consideration is given to human and trade union rights, employment, social security, living and working conditions, workers' families, expulsion, and conditions of international migration. (SUMMARY IN FRE AND SPA)     

The convention on the rights of the child: A young legal regime for the world's youngest citizens

In November, 1989 the United Nations General Assembly adopted the Convention on the Rights of the Child. This international resolution seeks to safeguard the physical, social, cultural, and religious rights of children, and to establish a new legal regime for the protection of children's rights. This paper examines the legal foundations of the Convention relative to international law, the legal effect of a United Nations Convention upon nations, describes the main provisions of the Convention, and discusses the ratification and enforcement of the Convention.     

The ILO and the new UN convention on migrant workers: the past and future

Migrant workers are less protected than nationals against the actions of states and employers. These workers therefore require special global protection of their rights while employed in countries other than their own. Accordingly, the UN International Labor Organization (ILO) is constitutionally charged with developing international measures to protect the interests of migrant workers from developing countries. The ILO, however, had little involvement in molding the International Convention on the protection of the Rights of All Migrants Workers and Members of their Families, adopted by the UN General Assembly in 1990. Instead, final adoption of the Convention stems largely from developing state dissatisfaction with the former 1975 ILO Migrant Workers Convention No. 143, and Mexican and Moroccan government machinations outside of the ILO in support of modifications. Convention No. 143 threatened to sever employment opportunities and hard foreign exchange remittances in North America and western Europe from illegally employed immigrant workers from developing countries. By working in the UN outside of the ILO, developing nations would enjoy automatic majority, and greater potential for success in reforming the Convention. Soon, developing nations squelched a delay tactic proffered by the Swedes, and succeeded in bringing the UN General Assembly to adopt resolution 34/172 in December 1979, which led to the establishment of an Open-Ended Working Group. This group then elaborated the 1990 Convention over 19 sessions. At the expense of the ILO and more developed nations, developing nations successfully challenged and changed the international order to benefit their peoples and national economies. Finally, the paper considers the interests of immigrant businesspeople and asylum seekers during or immediately upon entry to a foreign country, who are not specifically covered by the Convention. While the university of international humanitarian law suggests that businesspeople be included in the Convention, changes to the Convention will probably not be forthcoming. As for asylum seekers waiting for either refugee status or an interim-term engagement for work, the sensitive nature of this topic in certain countries precludes the adoption of inclusive documentation.     

The ILO's Domestic Workers Convention and Recommendation: A window of opportunity for social justice

Domestic workers are a predominantly female workforce whose social and labour rights remained largely unattended for decades. Addressing this has become more urgent, as demand for household and personal care services is increasing. Convention No. 189 and Recommendation No. 201 set out global minimum standards for domestic work. The author first describes international labour and human rights law on domestic work prior to 2011. He then examines the instruments' definitions and scope and problems of particular groups; their provisions on working time, pay, work environment and living conditions; social security; and implementation and enforcement.     

Internationalizing Anti-Racism Efforts

Abstract

Racial discrimination continues to haunt our societies, calling for sustained and new solutions. In 1994, the US government signed the International Convention on the Elimination of All Forms of Racial Discrimination. Three years later, it ratified this international agreement. This article reviews the effectiveness of this United Nations Convention and discusses its main provisions: national reporting and the individual communications procedure. It finds that the treaty contains comprehensive and legally effective provisions to combat racial discrimination and argues that social workers, along with other professionals, should engage with the international legal regime to assist their clientele to combat racial discrimination. Social workers have a number of roles: advocate, educator, service provider and broker. Their involvement in such an international legal regime would have an added significance; it has the potential to expand the domain of international social work as well as overcome the limits of domestic action against racial discrimination.     

Migrant Rights: International Law and National Action

Migrant rights were put squarely on the agenda of the Global Forum on Migration and Development when it met in Manila in 2008, as the principal theme of the governmental and civil society discussions. The Forum proceeded with the assumption that migrant rights are a development issue, as well as a fundamental human rights issue. This article begins with a review of the normative framework for protecting migrant rights. While norms by themselves will not prevent abuses, they can serve as a basis for advocating implementation of policies and programs to achieve these goals. We argue that there is ample international law setting out the basic rights of migrants even though the principal migrant‐centric instruments are not widely ratified. Failures in protecting migrant rights arise from the lack of implementation of these standards at the national level. The article then discusses a range of programs, mostly implemented by or in destination countries, which hold potential for overcoming barriers to the protection of the rights of migrants. These practical steps can be found in a wide array of countries, most of which have not become party to the Migrant Workers Convention. The article concludes that these initiatives have been implemented in an ad hoc manner, necessitating a more systematic approach at the national level to the protection of migrant rights.     

Effects of migration on family structure

This paper examines the situation and problems of migration on family structure, with emphasis on family reunification. The study is based on conditions and practices in Western Europe and Mediterranean countries relating to temporary labor migration. Most migrant workers have no intention of settling permanently and return to their country within a few years. The International Labour Office estimated in 1974 that at least 1/2 the migrant workers in Western Europe live without their families. Generally, migrants send for their families only when they are employed, earning adequate wages, and have adequate housing. Some reasons why migrants live apart from their families include 1) the receiving country discourages family immigration because it does not coincide with the economic necessities of migration policy and 2) some sending countries discourage it to ensure that the migrant worker returns to his own country. The main danger arising from family separation is that it frequently leads to the break up of the family. The leading European authorities recognize as a fundamental right the freedom of a migrant worker and his family to lead a normal family life in the receiving country. The author outlines the conditions for admission for residence and employment of migrant spouses and children for the Federal Republic of Germany, France, Belgium, Switzerland, the Netherlands, Sweden, Norway, Austria, Luxembourg, and the United Kingdom. All countries require that the head be in regular employment for some time and be able to provide his family with suitable housing. Other problems concerning the arrival of migrant spouses and children include 1) acquiring employment and social information and counseling, 2) education of children, 3) obtaining vocational training and adaptation and 4) achieving entitlement to social security benefits. The effects of migration in the family context in sending countries include 1) providing activities for migrants to maintain cultural links with their countries of origin and 2) acquiring the nationality of the receiving countries. Countries should facilitate the admission to employment of migrant spouses and children, by maintaining provisions for the reuniting of families and imposing no limits on admission to residence; and 2) by overcome obstacles to admission to employment, by observing existing recommendations. In conclusion, governments should give family cohesion 1st priority, regardless of regulations.     

The protection of migrant workers and international labour standards

International labor standards take the form of Conventions and Recommendations that embody the agreements reached by a 2/3 majority of the representatives of Governments, Employers, and Workers of International Labour Office (ILO) member states. Originally designed to guard against the danger that 1 country or other would keep down wages and working conditions to gain competitive advantage and thereby undermine advances elsewhere, international labor standards have also been inspired by humanitarian concerns--the visible plight of workers and the physical dangers of industrialization and by the notion of social justice, which embraces wellbeing and dignity, security, and equality as well as a measure of participation in economic and social matters. ILO standards apply to workers generally and therefore also to migrant workers, irrespective of the fact that the general standards are complemented by standards especially for migrant workers. The social security protection of migrant workers has been dealt with in ILO instruments primarily from the angle of equality of treatment but also from that of the maintenance of acquired rights and rights in course of acquisition, including the payment of benefits to entitled persons resident abroad. The ILO Conventions on migrant workers and the Recommendations which supplement them deal with practically all aspects of the work and life of non-nationals such as recruitment matters, information to be made available, contract conditions, medical examination and attention, customs, exemption for personal effects, assistance in settling into their new environment, vocational training, promotion at work, job security and alternative employment, liberty of movement, participation in the cultural life of the state as well as maintenance of their own culture, transfer of earnings and savings, family reunification and visits, appeal against unjustified termination of employment or expulsion, and return assistance. ILO's supervisory mechanism consists basically of a dialogue between the ILO and the Government that is responsible for a law, regulation, or practice alleged to be in contravention of principles it voluntarily accepted. The control machinery is often set in motion by workers' organizations. The UN General Assembly is currently elaborating a new instrument designed to cover both regular and irregular migrant workers and their families.     

The Dark Side of Democracy: Migration, Xenophobia and Human Rights in South Africa

South Africa prides itself on having one of the most progressive constitutions in the world. The Bill of Rights guarantees a host of basic political, cultural and socio-economic rights to all who are resident in the country. Yet there have been persistent reports that citizen intolerance of non-citizens, refugees and migrants has escalated dramatically since 1994.
This article documents this process through presentation of results of national public opinion surveyed by the Southern African Migration Project (SAMP).
The surveys show that intolerance is extremely pervasive and growing in intensity and seriousness. Abuse of migrants and refugees has intensified and there is little support for the idea of migrant rights. Only one group of South Africans, a small minority with regular personal contact with non-citizens, is significantly more tolerant.
These findings do not augur well for migrant and refugee rights in this newly democratic country, or early acceptance of the UN Convention on the protection of migrant workers.     

‘More like a daughter than an employee’: the kinning process between migrant care workers,elderly care receivers and their extended families

ABSTRACT

This paper explores the intersections of formal and informal care in the relationships that develop between elderly care receivers and their families and migrant domestic care workers and their families. The domestic migrant care literature has tended to focus on two main ‘hidden costs’ of this ‘care-chain’: the ‘care exploitation’ of paid carers by their employers and the ‘care drain’ impact on the family members left behind by the migrant. In this paper, we employ a care circulation framework to examine the process of becoming kin-like – or ‘kinning’, which remains relatively under-explored and warrants further research. An analysis of this process of kinning helps to highlight how the domestic space of care receiver homes are transformed – through the negotiation of relationships with migrant care workers – into transnational social fields that bring the diaspora worlds of the migrants into the everyday worlds of the locals.     

进一步完善来沪人员服务和管理,推进城乡统筹发展——上海解决“新二元结构”的途径、前景及举措

国家＂十二五＂规划明确提出,特大型城市要合理控制人口规模,同时要坚持因地制宜、分步推进,把有稳定劳动关系并在城镇居住一定年限的农民工及其家属逐步转为城镇居民;对暂时不具备在城镇落户的农民工,要改善公共服务,加强权益保护。上海作为外来人口规模庞大的特大型城市,必须高度重视解决＂新二元结构＂,既要积极改善来沪人员的公共服务,促进符合条件的来沪人员不断融入上海,又要合理控制人口规模,防止＂城市病＂。     

Human Rights,Income and International Migration

This study contributes to the literature of migration studies by addressing the question: why does international migration persist despite welfare improvements in migrant‐sending countries? We propose that the human rights condition of the origin countries is an important determinant of global migration. Although the human rights issue is not new to researchers in migration studies, the concern is primarily about the rights of migrants, refugees, asylum seekers or migrant workers in a host country. We undertake a bilateral panel data analysis to examine the pattern of global bilateral migration between 1995 and 2010. We find that international migration is positively associated with human rights conditions and income. Similar results are also obtained when we control for multilateral resistance and possible sample selection biases in a panel context. Our study implies that efforts to promote human rights may also be assessed in relation to their contribution to migration flows.     

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.     

Democratising Migration from the Bottom Up: The Rise of the Global Migrant Rights Movement

Abstract

This paper discusses the link between international migration and democratisation from an actor-oriented perspective on the basis of the mobilising efforts by key civil society actors engaged in the promotion of the rights of migrant workers through developing strategies towards movement building and by capitalising on political opportunities that have appeared on the global level. Being pitched at the global level and at organising patterns via the network form, the analytical framework developed takes as its starting point global justice perspectives and then builds upon insights from social movement and constructivist International Relations scholarship. It is argued that what is emerging are (1) movement practices in migrant rights networks which are putting forward increasingly coherent claims that transcend the conventional thinking about global governance and human rights (rights-assuming advocacy); and (2) that such practices are effectively transgressing interstate political arenas (participatory, rights-producing politics). It is on the basis of the cooperation between the 2 main protagonists, trade unions and migrant rights associations, that strategic positioning of migrant rights issues within the global policy debate is taking place, with the aim of promoting a rights-based approach (RBA) to migration and its governance. The combination of rights-producing politics and rights-assuming advocacy is expressed in the RBA to migration which involves the reframing of migrants rights as well as attempts to democratise migration governance in participatory terms.     

The guests who stayed--the debate on 'foreigners policy' in the German Federal Republic

The recruitment of "guest workers" between 1956 and 1973 by West German employers has given rise to new ethnic minorities. The Federal Republic of Germany (GFR) claims that it is not a country of immigration--a controversy that reflects the basic dilemma over policies towards foreign residents, who now comprise about 7% of the total population. The shift from temporary labor migration to long-term settlement has been accompanied by structural changes in the foreign resident population. The logic of the migratory process is inescapable: virtually all migrations, whether organized or spontaneous, start with movements of young adult workers. When recruitment stated in the late 1950s state migration policies were concerned only with short-term fulfillment of capital's labor requirements. The state established a system of institutionalized discrimination, through which temporary guest workers could be recruited, controlled, and sent away, as the interests of capital dictated. This policy was impracticable because many firms found that rotation led to problems of labor fluctuation and high training costs. The trend toward restrictive policies on migration continued in the early 1980s; rising unemployment and urban problems led to widespread hostility towards foreigners. 3 key issues need resolving quickly: 1) the granting of security of residence status, so that migrant families have a clear basis for planning their own future, 2) the extending of political rights to foreign residents, and 3) the issue of citizenship. Like other West European countries, the GFR has become a multiethnic society through the postwar labor migrations. The early reform of legal structures to give migrants more rights is a precondition for social peace, and for achieving the benefits which multiculturalism can offer to all members of society.     

Reattraction of needed skills to developing countries of origin

This research note briefly outlines International Labour Organization concerns about return migration in developing countries, research being done in the field, and activities in related fields. Attention is being focused on the following topics and areas of study: 1) recommendations and conventions which cover workers generally and migrant workers particularly; 2) measures to avoid the departure of skilled workers from developing countries; 3) special problems encountered in improving migrant professionals' working conditions; 4) developing a central pool of information on labor markets and employment at the international level; 5) bilateral or multilateral migration agreements to optimize the flows of health personnel, scientific workers, engineers, and high level technicians, protecting their rights, and facilitating their reintegration into the country of origin; 6) creating a compensation scheme for skill outflows and training substitutes to fill the gaps left behind by migration; 7) classifying migratory policies adopted by developing countries; 8) reattraction of needed skills to developing countries of origin; 9) transfer of know-how through expatriate nationals; 10) labor reinsertion patterns of migrants returning to Greece, Italy, Portugal, and Spain; 11) Socioeconomic reintegration of migrants returning to Pakistan and Uruguay; and 12) Sri Lanka's experience with self-employment schemes for returned migrants.