Protection of Migrants' Human Rights: Principles and Practice

In principle, migrants enjoy the protection of international law. Key human rights instruments oblige the States Parties to extend their protection to all human beings. Such important treaties as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights have been ratified by more than 140 states, but many political, social or economic obstacles seem to stand in the way of offering those rights to migrants. In an attempt to bridge this protection gap, the more specifically targeted International Convention on the Protection of All Migrant Workers and Members of their Families was created and adopted by the United Nations in 1990. This treaty is not yet in force, but the number of States Parties is increasing towards the required 20. In the past few years the human rights machinery of the United Nations has increased its attention towards migrants' human rights, appointing in 1999 the Special Rapporteur on the Human Rights of Migrants. Governments, as the acceding parties to international human rights instruments, remain the principal actors as guardians of the human rights of all individuals residing in their territories. Receiving countries are in a key position in the protection of the migrants that they host. However, active defence of migrants' rights is politically difficult in many countries where anti‐immigrant factions are influential. Trafficking in migrants is one example of the complexity faced by states in formulating their migration policies. On the one hand, trafficking has made governments increasingly act together and combine both enforcement and protection. On the other, trafficking, with its easily acceptable human rights concerns, is often separated from the more migration‐related human smuggling. The latter is a more contentious issue, related also to unofficial interests in utilizing cheap undocumented immigrant labour.     

Women's Migration for Domestic Work and Cross‐Border Marriage in East and Southeast Asia: Reproducing Domesticity,Contesting Citizenship

This article offers an integrative review of the literature on women's migration for domestic work and cross‐border marriages in East and Southeast Asia. By bringing these two bodies of literature into dialogue, we illuminate the interconnected processes that shape two key forms of women's migration that are embedded in the reproduction of women's domesticity. We highlight structural analyses of the demographic and socio‐economic shifts that propel women's migration while also attending to the affective dimension of migrant women's desires and duties and to the brokerages that mediate the migrant flow. We finally examine how migrant wives and domestic workers contest the boundary of citizenship as they claim their full personhood against divergent modes of control over their rights, bodies, and mobility. We conclude by pointing out concrete areas where the two sets of literature can enrich each other for future research on gender, labor, and migration.     

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.     

Labour Mobility in East Africa: An Analysis of the East African Community's Common Market and the Free Movement of Workers

This article advocates an institutional perspective in analysing labour mobility, since rules governing cross‐border labour markets are an embodiment of access and participation rights, and can determine the formalisation or informalisation of work and the protection and benefits accrued by migrant workers. It examines the East African Community's Common Market Protocol of July 2010, which seeks to promote the ‘free movement of workers’ within the Community. It argues that there are contradictions and inconsistencies in implementing the Protocol and provides recommendations for addressing them.     

Embedding or Uprooting? The Effects of International Labour Migration on Rural Households in Armenia

The impact of international labour migration on human wellbeing and socioeconomic development in communities of origin is an important yet understudied issue in contemporary migration research. This study examines whether men's labour migration from rural Armenia to Russia and other international destinations enhances the economic and social connections of the left‐behind households to their communities or, on the contrary, undermines those connections and encourages household members' own migration. Using survey data, it compares families of migrants and non‐migrants with respect to ownership of productive and major non‐productive assets in the community and women's non‐farm labour force participation, their social engagement in the village, and their desires to migrate abroad. The results of statistical tests indicate that men's migration is negatively associated with households' asset ownership and with women's non‐farm employment. The results for women's social engagement in their villages are less consistent. Finally, regardless of economic attachment, social engagement, and a host of other factors, wives of migrants were significantly more likely to wish to move abroad than women married to non‐migrants, and the difference in propensity to emigrate between migrants' and non‐migrants' wives increases with duration of husband's migration. We situate these findings in the context of Central Eurasia's international labour migration system and discuss their implications for future migration trends and for socioeconomic development of Armenia and similar settings.     

The rights of migrant workers: Economics,politics and ethics

The labour immigration policies of high‐income countries are characterized by trade‐offs between openness to admitting migrant workers and some of the rights granted to migrants after admission. This empirical observation lies at the heart of the author's 2013 book, The price of rights: Regulating international labor migration. In this article, he reviews its main findings, arguments and policy implications and responds to a critical review of the book that was published in the International Labour Review in 2015. He concludes with a plea for more open debate on the linkages between migrant rights, labour migration and development among national and international organizations concerned with these issues.     

Consuming the transnational family: Indonesian migrant domestic workers to Saudi Arabia

Abstract There is heated debate in contemporary Indonesia about the rights and regulation of transnational women migrants, specifically about the ‘costs to families’ of women working overseas, but little attention has been given to women migrants' own views of family or women's own motivations for migration. In this article, which is based on field work in a migrant‐sending community in West Java, I focus on migrant women's narratives of transnational migration and employment as domestic workers in Saudi Arabia. I contribute to the literature on gender and transnational migration by exploring migrants' consumption desires and practices as reflective not only of commoditized exchange but also of affect and sentiment. In addition, I show in detail how religion and class inflect low‐income women's narrations of morally appropriate mothering practices. In conclusion, I suggest that interpreting these debates from the ground up can contribute towards understanding the larger struggles animating the Indonesian state's contemporary relationships with women and Islam.     

Language Policy in Practice: Re‐bordering the Nation

We present findings from an anthropological field study on the role of language and language policy in migration from Poland to Norway, and the larger implications for emerging language and immigration policy in Europe. Initial fieldwork in Norway found that Polish workers without knowledge of the Norwegian language struggled to secure employment in the formal economy. The 2008 financial crisis intensified competition in the labour market and underscored fluency in Norwegian as a means of discriminating among workers. Comparative case studies of language schools revealed that these organizations are active participants in channeling Polish migrants' movements into a segmented labour market, often in ways that involve cooperation between private companies and the State. We frame the Norwegian case within the larger context of Europe and the trend there toward favoring integration over multiculturalism. The emergence of restrictive language policies in Europe may be interpreted as a legally and culturally acceptable means for discouraging access to rights associated with permanent residency or citizenship by work migrants from CEE countries, while at the same time permitting them access to the labour market for temporary work. The long‐term consequences of such policies for European society are uncertain.     

Service outsourcing and labour mobility in a digital age: transnational linkages between Japan and Dalian,China

In this article, I examine the transnational mobility of digital workers and the control of their labour across multiple production sites. The digitalization of work has progressively allowed businesses to outsource IT‐enabled service jobs to cheaper production sites offshore. The growth of the ‘offshore outsourcing' of white‐collar service jobs in East Asia has produced the mobility of cheap digital labour from Japan to Dalian in northeast China. They work at call centres and other Japanese‐speaking workplaces in the lower echelons of the city's IT sector, typically earning salaries in Chinese yuan at, or even below, the average Japanese minimum wage. Based on ethnographic findings, I argue that in the global digital economy, digital services are rendered exploitable through their transnational mobility and that this form of labour migration has developed because of the partial, fluid and contingent nature of the transnational links between the two locations. I analyse how the neoliberal logic of exception underpins the creation of IT parks in China and the casualization of labour in Japan to enable new forms of transnational labour control and capital accumulation.     

Should I stay or should I go now? Exploring Polish women's returns “home”

At a time when there are more people on the move than ever before, it is pivotal to explore people's motivations and experiences of return migration. Whilst motivations for migration are comparatively well explored, return migrants' experiences are less well‐known and migrants' gender is rarely considered. This article addresses these gaps. It is based on qualitative research and in‐depth interviews with 32 Polish women: 16 migrants and 16 return migrants. Considered through the lens of agency and structure, this research uncovers how fluid the process of migration has become; migration motivations and patterns are blurred and interlinked with one another while classic migration theories seem outdated. The study uses an “intersection of motivations” to show how inseparable migration‐related motivations have become. This article contributes to the growing literature on East–West return migration and highlights women as migrants and the gendered nature of their mobility.     

Trade in labour services and migrant worker protection with special reference to East Asia

This article argues that the East Asia international labour market is best viewed as bisected along productivity lines. Within this market, the labour-exporting countries of East Asia provide the overwhelming proportion of low-skilled migrant workers to the region, and are responding to perceived advantages of a policy of labour export.
On the other hand, the movement of highly-skilled and professional (HSP) workers is best viewed as the result of globalization and the internationalization of education, training and the professions, rather than the result of explicit labour export policies of specific countries.
The central concern of the article is that protection of migrant workers is also bisected along productivity lines with HSP workers given special consideration under international policy, while measures to protect and facilitate the movement of low-skilled workers are virtually non-existent.
Various policy measures are suggested that might be employed to advance the cause of migrant worker protection in East Asia.     

Canada's Migrants without History: Neoliberal Immigration Regimes and Trinidadian Transnationalism

Temporary migration programmes have re‐emerged as a preferred mechanism for regulating labour migration in many migrant‐receiving countries in the past decade. In this paper, I consider the role of shifting Canadian immigration policies, notably the expanded streams for temporary workers, in the changing flow of migrants from Trinidad to Canada. Temporary programmes can bring workers to Canada relatively quickly, but they limit access to permanent residency and citizenship, in sharp contrast to most of Canada's earlier immigration policies. Ethnographic fieldwork reveals that Trinidadians actively seeking to make the move to Canada have little interest in new temporary work programmes. Rather, they continue to plan futures in Canada that they expect to be years in the making. I consider some reasons for this apparent refusal to submit to the new migration realities. I show that present‐day Trinidadian emigrant desires and practices are deeply connected to individual, familial and national emigration and immigration histories. Trinidadians are declining to participate in new immigration regimes and are restricting their migration practices to those forms that are historically familiar and have been proven successful. I attempt to show how ethnographic approaches that take seriously migrants' agency can assist in developing a fuller understanding of the ways in which migration flows are changing. These approaches reveal what are otherwise the silences and invisibility surrounding those whose previous access to permanent migration streams has been diminished through neoliberal restructuring of migration policy. I argue that temporary worker policies disregard long‐standing histories of migration and engagement with capitalist processes for people in particular regions of the world, rendering them, for policy purposes, effectively “people without history” (Wolf, 1982).     

Intimate circuits: modernity,migration and marriage among post‐Soviet women in Turkey

The study of migration too often ignores the ways that labour migrants' emotional entanglements and complicated personal relationships factor into their experiences of being people on the move. In examining post‐Soviet migrant women's relationships with Turkish men and the ways these are regulated in Turkey, in this article I consider how intimate practices of marriage and performances of ‘love’ have emerged as key aspects of transnational mobility. These intimate practices both enable long‐term transnational circuits between post‐Soviet homelands and Turkey, and attest to the way global capitalism is redefining personal lives.     

Unequal networks: comparing the pre‐migration overseas networks of Indonesian and Filipino migrant domestic workers

Previous studies of Asian migrant domestic workers' pre‐migration overseas networks have tended to be ethnographic, small‐n case studies such that it is unclear if network differences between migrants are due to individual‐ or country‐level differences or both. This article draws from an original survey of 1,206 Filipino and Indonesian domestic workers in Singapore and Hong Kong to reveal statistically significant differences in the pre‐migration overseas networks of these two nationality groups even after controlling for migrants' educational attainment, marital status, employment status, age, year of first migration, and survey location. Multiple regression analysis highlights how Filipino respondents are more likely than Indonesian respondents to have known existing migrants prior to their first migration from their homeland. Filipino respondents' overseas networks are also significantly larger, more geographically dispersed, and comprise more white‐collar contacts. These findings open up new terrain for migration scholars to study the impact of these nationality‐based network differences on the two groups' divergent migration experiences and aspirations.     

Temporary Skilled Migration to Australia: Employers' Perspectives1

With the 1996 introduction of a new visa making it easier for employers to sponsor skilled foreign workers, temporary skilled migration has become a significant component of international migration flows to Australia. This paper examines employers' reasons for sponsoring skilled workers from abroad, their modes of recruitment, the occupational skills they require, and their industry profile. We also discuss issues relating to the perception of a shortage of skilled workers, the extent that sponsoring foreign workers substitutes for investing in local training, and the role of networks in recruiting overseas workers. Many employers' now have a global view of labour recruitment. While this is understandable for multinational companies with global operations, many small businesses and public sector institutions are adopting the same strategy to obtain skilled labour which they say is in short supply in Australia. With the internationalization of the Australian economy, there is also an increasing demand for people with specialized skills and knowledge that is not available in Australia's relatively small labour market. An understanding of the demand factors motivating temporary skilled migration is crucial to effectively managing Australia's migration and labour trends.     

‘Give me my pathway!‘: multinational migration,transnational skills regimes and migrant subjectification

In this article, I address the interplay between migration regimes and migrant subjectivities in stepwise multinational migration through a comparative analysis of biographical interviews with migrants in the healthcare and dairy farm work sectors in New Zealand. In both sectors, migrants' trajectories involve movements from Asia to locations in the Middle East, North Africa or Japan before arrival in New Zealand, and in some cases plans for onward migration. The analysis of these migration patterns and the narratives of migrants, reveal an emergent transnational skills regime that involves connected but uncoordinated systems of skills recognition; negotiating this regime occurs through increased attunement to migration on the part of multinational migrants, as well as adaptation to the expectations of authorities and employers. I conclude the article by suggesting that while multinational migration involves new opportunities for people on the move it also entails greater entanglement in the unequal conditioning of transnational migration.     

Governing agricultural migrant workers as an “emergency”: converging approaches in Northern and Southern Italian rural towns

Rosarno and Sermide are two small towns in Southern and Northern Italy, which are both part of a manual‐labour circuit of agricultural work. The article presents an analysis of governance structures in these towns and, by bringing together the literature on migrants' agricultural labour and local policy‐making, explores how public actors address migrant seasonal agricultural workers' needs to investigate outcomes of inclusion and exclusion. The article builds on qualitative research, conducted between 2012 and 2015, to propose a North‐South intra‐country comparison of local policy‐making. The findings show the emergency nature of local administrations' approaches and the critical role of civil society. They highlight the extent to which responses diverge or converge in means and scale, while stressing their convergence in scope to limit migrants' visibility.     

Nationality Matters: SARS and Foreign Domestic Workers' Rights in Taiwan Province of China

Taiwan suffered the third largest national outbreak of Severe Acute Respiratory Syndrome (SARS) during the first half of 2003. A crisis often illuminates issues of power and control, and the SARS crisis highlighted important patterns in Taiwan's utilization of foreign labour in general and foreign domestic labour in particular. Firstly, inequalities between Taiwanese citizens and non‐Taiwanese migrant domestic workers were both magnified and illuminated at the level of nation and at the level of household in terms of confinement. Secondly, the generalization and intensification of existing patterns of abuse resulted in this abuse coming to light in the public arena. Notably, these issues only became known when they were brought to the attention of both the public and the state, and this occurred largely through the actions of Filipina domestic workers via the media and non‐governmental organizations (NGOs). The reason that such issues could be brought into the open for public debate was a matter of nationality. Importantly, the epidemic served to articulate the issue of the differential access of migrant domestic workers to information about their rights and the range of factors that facilitate or impede such access. This paper explores the centrality of issues of nationality to understanding the migration experiences of Indonesian and Filipina domestic workers in Taiwan by considering how SARS played out for them in terms of their occupational location, their national background, their access to support and information networks regarding rights, and their official representation. The paper seeks to expand our understanding of the experiences of migrant domestic workers in Taiwan by means of my research on Indonesian domestic workers. However, I would argue that this case study is not just an empirical curiosity but that it is instructive in a broader theoretical sense. Understanding the nationality issue stands at the core of understanding the diversity of experiences of migrant domestic workers in any given geographic and temporal location. If we combine this factor together with the key variables of the relationship to the state and the relationship to the employer, as Bridget Anderson (2000) suggests, we move closer to a more incisive and less reductionist understanding of the factors which shape the living and working conditions of migrant domestic workers.