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.     

International migration and the global agenda: reflections on the 1998 UN Technical Symposium

This article reviews the nature of discussions at the 1998 UN Technical Symposium on International Migration and Development. The Symposium reviewed the literature linking migration and development and successful policy approaches. Several themes emerged. A research framework is needed for accounting for all types of population mobility at all stages of the migratory process. Research should integrate contributions from a range of disciplines. The influence of social networks and cultural capital has grown in importance. Strategies need to account for women's experiences, which involve both empowerment and exploitation. Strategies need to consider return migration and better public information on migration and settlement. It was agreed that there is a need for a variety of quantitative and qualitative approaches and multidimensional analysis. The links between migration and development are complex, but sufficient information is available to greatly improve policy formation and international cooperation. National level responses have occasionally eroded the rights and protection of migrants. Few countries have adopted the 1990 UN Convention on the Rights of Migrant Workers and their Families and ILO Conventions 97 and 143. A prominent realization was that international cooperation did matter. International migration should be viewed as an opportunity for cooperation and development.     

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.     

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.     

Protecting and Benchmarking Migrants’ Rights: An Analysis of the Global Compact for Safe,Orderly and Regular Migration

The Global Compact for Safe, Orderly, and Regular Migration (GCM) was to be “guided by human rights law and standards” in recognition of the rights of international migrants, who are currently protected by an overlapping patchwork of treaties and international law. The GCM contains many laudable commitments that, if implemented, will ensure that states more consistently respect, protect, and fulfil the rights of all migrants and also that states incorporate data on migration into a more cohesive governance regime that does more to promote cooperation on the issue of international migration. However, many concerns remain. Using a legal analysis and cross‐national policy data, we find that the GCM neither fully articulates existing law nor makes use of international consensus to expand the rights of migrants. In its first section, this article provides a concise analysis of the GCM's compliance with a set of core principles of existing international human rights law regarding migrants. In the second section, we apply a novel instrument to create an objective, cross‐national accounting of the laws protecting migrants’ rights in various national legal frameworks. Focusing on a sample of five diverse destination and sending countries, the results suggest we are close to an international consensus on the protection of a core set of migrants’ rights. This analysis should help prioritize the work necessary to implement the GCM.     

The Role of the United Nations Special Rapporteur on the Human Rights of Migrants

The position of Special Rapporteur on the Human Rights of Migrants was established in 1999 by the Commission on Human Rights. During the short period since her appointment, the Special Rapporteur has directed her attention to examining ways and means to overcome obstacles impeding the full and effective protection of the human rights of migrants, and also examining difficulties for the return of migrants who are undocumented or in irregular situations. This schedule has involved visits to governments and the dissemination of information on the legal framework and aspects of the mandate designed to explain the complexity of migration. The Special Rapporteur calls for increased efforts to ensure success of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in Durban, South Africa, in 2001. She also encourages those governments which have not yet ratified the International Convention to take the necessary steps.     

Rights of Foreign Workers and the Politics of Migration in South-East and East Asia

The issue of cross‐border migration in South‐East and East Asia is linked to the integration of regional, if not global, labour markets. The types of labour that are currently in demand have changed substantially since the 1990s in terms of (1) overall magnitude, (2) gender composition, and (3) increased diversification. This paper, however, focuses upon those workers classified as unskilled as they constitute numerically the largest and most vulnerable group. The challenges to provide adequate protection from, and prevention of, exploitative and abusive practices that seriously minimize the socio‐economic benefits for these workers are linked to migration policies and the issue of rights in the origin and destination countries. This paper's objective is to provide a broad outline of the emerging trends and issues revolving around contemporary cross‐border labour migration and the politics of migrants' rights in South‐East and East Asia, illustrated by the difficulties experienced with the ratification of the 1990 United Nations Convention on the Rights of All Migrants and their Families (ICMR). The data this paper is based upon were collected for a report commissioned by the United Nations Educational, Scientific and Cultural Organization (UNESCO) with fieldwork carried out in seven countries located in the Asia Pacific region. It is argued that ratification of the ICMR is obstructed by politics and by a lack of political will. A rights‐based approach to the protection of migrant labour is thus related to a number of macro and micro level issues, revolving around development and practices of “good governance” in addition to interstate relations. This means that the promotion of migrants' rights requires a holistic approach addressing national and transnational issues in an era of increasing mobility across borders.     

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.     

The Movements of Working Children and the International Labour Organization. A Lesson on Enforced Silence

Relations between the International Labour Organization (ILO) and grassroots movements of working children are characterised by tensions. Working children's claim to participate in conceptualising child labour policy is increasingly rejected. Most recently, in November 2017, the Latin American Movement of Working Children and Adolescents (MOLACNATs) lodged a complaint with the UN Committee on the Rights of the Child over violations of rights enshrined in the 1989 UN Convention on the Rights of the Child. This article reconstructs the history of working children's movements and their communication with ILO since the 1990s.     

Getting a Handle on the Migration Rights–Development Nexus1

The migration‐development nexus has fascinated academics, NGOs, and national and international officials since the mid‐1990s. Although it is not actually new – the Review published a special issue on it over a quarter of a century ago ( IMR, 1982 ) – it suffers from lack of conceptual clarity and disregard of a crucial modulating variable, migrants’ rights. The aim of this paper is to give credence to the role played by rights and, in the process, to solidify some of the uncertain foundations of the migration‐development debate. I eschew too technical a presentation in order to reach not only academics but also NGOs and journalists, the drivers of today’s rights movements.     

The text of the Articles of the International Convention on the Protection of the Rights of All Migrant Workers and Their Families which the Working Group Provisionally Agreed during the First Reading

This preamble documents the 91 Articles of the International Convention on the Protection of the Rights of All Migrants and Their Families. This defines and covers the rights of all migrant workers and their families which can be ratified by as many countries as possible. The status and fundamental rights of migrant workers and their families have not been sufficiently recognized everywhere and therefore require appropriate international protection. The 8 parts are: 1) scope and definitions, 2) fundamental human rights of all migrant workers and members of their families, 3) additional rights of migrant workers and members of their families in a regular situation, 4) provisions applicable to particular categories of migrant workers and members of their families, 5) promotion of sound, equitable and humane conditions in connection with lawful international migration of workers and their families, 6) application of the Convention, 7) general provisions, and 8) final provisions.     

The Human Capital Characteristics and Household Living Standards of Returning International Migrants in Eastern and Southern Africa

Africa’s experience with return migration is not new. However, few empirical studies have examined the social and economic characteristics of returning migrants within the continent. In this study, the human capital endowments and household living standards of returning migrants in Uganda and South Africa are examined using recently available data. The study compares returnees in both countries with immigrants as well as the native‐born population with no international migration experience. It also investigates how factors such as previous country of residence, year of arrival, and other demographic factors predict levels of education and living standards among returning migrants. In Uganda, the results show that recently arrived returning migrants had better educational endowments than both immigrants and non‐migrants. Migrants who returned to Uganda following the fall of Idi Amin’s regime had the lowest educational levels and lowest living standards compared to other returnees. Furthermore, the results indicate that previous residence in countries in the West was associated with four additional years of schooling while returning migrants arriving from other African countries had the lowest levels of schooling among returning migrants. In South Africa, the study finds that returnees arriving almost immediately following the end of Apartheid had the highest levels of education compared to either immigrants or non‐migrants. Returnees on average also had the highest household living standards in South Africa. Among South African immigrants, the results indicate that those arriving towards the end of the century had lower educational endowments compared to immigrants who arrived in the country two to four years after the end of Apartheid.     

A New Chilean Migration Act: an Approach to International Standards

The current Chilean Migration Act is the oldest in South America. It was created under the paradigm of national security, not human rights, and today does not adequately serve a participating democratic state, active within the international community. The Chilean government will soon be moving to discuss in congress a new migration act. We want to emphasize that the government should not forget the importance of incorporating international standards of migration policy into the national sphere. Chile is part of the United Nations system and, as a participating member, ratifies all core human rights treaties. Given that the United Nations Human Rights Bodies have made recommendations about migration policy, it is essential that this discussion be brought to the attention of our governing officials. This article reviews the UN recommendations as a concrete approach to the implementation of international standards in Chilean migrant policy.     

Human rights for women: battles of culture and power

In Africa, nongovernmental organizations (NGOs) focussing on human rights have mushroomed during the past 10-15 years, and, with several of these organizations run by and for women, it is possible to find free legal aid for women in almost every capital city. The collapse of the extended family and, thus, the framework for customary law has meant that women are faced with problems of maintenance and widows with problems of inheritance. Customary law and the protection it afforded women and children has also been weakened by a poverty-driven shift in urban areas from a focus on community support to a focus on individual survival. The vacuum left by this change in legal and social structure is being filled by the human rights NGOs. Paradoxically, in the face of such change, a static, communal, and neutral concept of "culture" was held out by African state representatives at the 1993 UN Conference on Human Rights to justify their opposition to the acceptance of the crosscultural legitimacy of human rights, especially for women. While these arguments were being aired at the Conference, African NGOs were vigorously using examples of the marginalization of women to promote the opposite view. The most important aspect of these conflicting views is which group has the most power and resources to voice its interpretation of the situation. With most African countries governed by a dual system of laws, customary law and common or civil law (left over from colonialism), human rights groups are working to instill human rights principles into common law through the ratification of international conventions. Thus, persons in need could be viewed not as victims but as individuals entitled to enforceable and universal rights. Misuse of the term "culture" can marginalize women even as it is being promoted as a protective device for women. A more useful view of culture is as something which transcends traditional boundaries and locates people and institutions in the global community where they are protected by the acknowledgement of their human rights.     

Migrants’ Intention to Move or Stay in their Initial Destination

The objective of this article is to find out why immigrants intend to stay in or leave their initial destination. The insight into such factors could help develop policy measures to deal with potential out‐migration, especially from the regions that view international migration as a solution to their demographic and economic difficulties. The study uses multinomial logistic regression to estimate the strength of association between migrants' intention to move and immigration category, human capital, economic and social factors. The data come from the Longitudinal Survey of Immigrants to Australia. The findings show that different groups of migrants have different propensities to move or stay in their initial destination. Employer‐sponsored migrants are even less likely to intend to relocate than family class. Highly educated and skilled migrants tend to be more likely to express the intention to move or have doubts. Satisfactory employment has a positive impact on retention.     

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.     

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.