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.     

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.     

The Internationalization of Educational and Vocational Guidance

The authors identify and discuss the main themes from the discourse on the internationalization of educational and vocational guidance at the 2004 Symposium on International Perspectives on Career Development, cosponsored by the International Association for Educational and Vocational Guidance and the National Career Development Association. Participants from 46 countries discussed international perspectives on and comparative features of educational and vocational guidance. They concentrated on issues of designing and adapting models, methods, and materials for career education and counseling. Three additional themes revolved around the importance of public policy initiatives, training enough practitioners to meet the growing international need for career services, and the promise of information technology for expanding the delivery of educational and vocational guidance and for supporting career counselors.     

International migration and sustainable human development in eastern and southern Africa

International migration in eastern and southern Africa (ESA) is rarely addressed in population and development policies or regional organizations, and regional organizations must in the articulation of sustainable shared development identify the role of international migration. Poor quality data on international migration hampers analysis. Sustainable, shared, and human development within the region are subregional issues. Permanent migration is characterized among ESA countries as increasing demographic ethnic pluralism that may result in redrawing of territorial boundaries and further population movement. Portuguese and Arab settlement and integration in eastern areas resulted in coexistence, while European immigration to South Africa resulted in racial segregation. Modern colonial settlement and the aftermath of political conflict resulted in independent countries after the 1960s and outmigration of nonAfrican groups. Much of the labor migration in ESA is unskilled workers moving to South African mining regions. Labor migration to Zimbabwe and Zambia declined after the 1960s. The formation of the Common Market for ESA and the potential merger with the Preferential Trade Area and South African Development Community is a key approach to integration of migration into regional cooperation and shared development. Refugee movements create the most problems. Prior to 1992 ESA countries accounted for 83.4% of refugees, particularly in Mozambique, Ethiopia, and Somalia. Some countries blame poor economic performance on the deluge of refugees. Illegal migration is currently detected because of the required work permits, but the adoption of the Common Market would obscure this phenomenon. Human development is affected most by migrations related to drought, labor migration to strong economic areas, and return migration. The Inter-Governmental Authority on Drought and Development needs to become more active and establish better policies on nomadic and refugee movements and displaced populations. Movement of educated populations to countries lacking in trained and skilled human resources is a future challenge. Strategies of immigration should facilitate economic development.     

The Migration–Development Nexus: Evidence and Policy Options

Migration and development are linked in many ways – through the livelihood and survival strategies of individuals, households, and communities; through large and often well–targeted remittances; through investments and advocacy by migrants, refugees, diasporas and their transnational communities; and through international mobility associated with global integration, inequality, and insecurity. Until now, migration and development have constituted separate policy fields. Differing policy approaches that hinder national coordination and international cooperation mark these fields. For migration authorities, the control of migration flows to the European Union and other OECD countries are a high priority issue, as is the integration of migrants into the labour market and wider society. On the other hand, development agencies may fear that the development policy objectives are jeopardized if migration is taken into consideration. Can long–term goals of global poverty reduction be achieved if short–term migration policy interests are to be met? Can partnership with developing countries be real if preventing further migration is the principal European migration policy goal? While there may be good reasons to keep some policies separate, conflicting policies are costly and counter–productive. More importantly, there is unused potential in mutually supportive policies, that is, the constructive use of activities and interventions that are common to both fields and which may have positive effects on poverty reduction, development, prevention of violent conflicts, and international mobility. This paper focuses on positive dimensions and possibilities in the migration–development nexus. It highlights the links between migration, development, and conflict from the premise that to align policies on migration and development, migrant and refugee diasporas must be acknowledged as a development resource.     

Efforts to improve international migration statistics: a historical perspective

During the past decade, the international statistical community has made several efforts to develop standards for the definition, collection and publication of statistics on international migration. This article surveys the history of official initiatives to standardize international migration statistics by reviewing the recommendations of the International Statistical Institute, International Labor Organization, and the UN, and reports a recently proposed agenda for moving toward comparability among national statistical systems. Heightening awareness of the benefits of exchange and creating motivation to implement international standards requires a 3-pronged effort from the international statistical community. 1st, it is essential to continue discussion about the significance of improvement, specifically standardization, of international migration statistics. The move from theory to practice in this area requires ongoing focus by migration statisticians so that conformity to international standards itself becomes a criterion by which national statistical practices are examined and assessed. 2nd, the countries should be provided with technical documentation to support and facilitate the implementation of the recommended statistical systems. Documentation should be developed with an understanding that conformity to international standards for migration and travel statistics must be achieved within existing national statistical programs. 3rd, the call for statistical research in this area requires more efforts by the community of migration statisticians, beginning with the mobilization of bilateral and multilateral resources to undertake the preceding list of activities.     

Measures to facilitate the reintegration of returning migrant workers: international experiences

Bilateral and multilateral measures implemented to assist migrants who return to their country of origin have been designed to respond to a number of different but specific situations. 2 bilateral agreements are briefly described: 1) an agreement between the Federal Republic of Germany and the Republic of Turkey signed in the early 1970s, and 2) an agreement between France and Algeria signed in 1980. 3 different types of multilateral activities are described: 1) the operation of the so-called Return of Talent program by the Intergovernmental Committee for Migration, 2) the Transfer of KNow-how Through Expatriate Nationals program of the UN Development Programme, and 3) the elaboration of a model machinery on return migration by the Organization for Economic Cooperation and Development. While the 1st 2 activities are operational programs, by which annually between 1000-2000 professionals are assisted in their permanent return to or temporary sojourn in their developing countries of origin, with the financial support of both the developed and the developing countries concerned, the 3rd initiative is a conceptual effort aimed at assisting governments to implement policy measures designed to make return migration commensurate with national development goals. 3 recent proposals include 1) the proposal for an international labor compensatory facility, 2) an international fund for vocational training, and 3) an international fund for manpower resources. A common factor shared by all these programs is that they have all involved on 1 side industrial receiving countries which feel themselves obliged to observe a number of principles guaranteed by law and which govern employment conditions and working relations. The reintegration measures implemented or proposed in cooperation with them have been adopted in full consideration of the prevailing standards of these countries, as different as they may be from 1 country to another. A common consideration has been that the returning migrant should reintegrate in his country of origin as far as possible in conditions allowing the returnee to attain self-sufficiency and social security coverage. However, this underlying context does not necessarily prevail in all world regions where different forms of labor migration take place. Therefore the measures experienced in the relationship of specific countries cannot be easily copied for implementation in other countries. Multilateral measures benefited a rather limited number of individuals only, in many instances skilled and highly skilled migrants.     

Comparing European and North American international migration

International migration is a vast, complex, and heterogeneous field of study. It requires not only knowledge about dynamic processes in the past and at present and in various regions of the world, but also interdisciplinary cooperation, not least in order to achieve a good theoretical development. Theories about international migration tend to be built on particular periods or regions. The test of these theories comes through comparative research. A comparison of North American and European immigration and immigration policy could examine 1) whether immigration is permanent or temporary, 2) the desire of Europeans for short-term immigration to allow the integration of the large numbers of immigrants from the recent past, 3) the differential development of welfare states, 4) the likely long-term outcome of large waves of immigration, and 5) the legal status of aliens.     

Return migration in Western Europe: current policy trends and their implications,in particular for the second generation

Return migration in Western Europe is examined, with a focus on government policy trends and their implications. The need for international cooperation between sending and receiving countries is emphasized. The effects of migration policies on migrants now and in the future are analyzed. Particular attention is paid to the questions posed by the expressed desire of a significant percentage of second-generation migrants to return to the countries of their parents' origin. (summary in FRE, SPA)     

Emigration dynamics in South Asia,IOM / UNFPA workshop, 2-3 September 1996, IOM headquarters,Geneva, Switzerland

This paper describes the six research monographs that were presented at the Emigration Dynamic Workshops in South Asia in September 1996. Research reports were presented by Associate Professor Nasra Shah on an overview of emigration dynamics, Dr. Godfrey Gunatilleke on the role of networks and community structures in migration from Sri Lanka, Dr. Raisul Awal Mahmood on illegal migration from Bangladesh to Singapore, Kuala Lumpur, Bangkok, and Delhi due to desperate poverty, Dr. Farooq-i-Azam on high and low labor-sending migration districts in Pakistan, Dr. Mahendra K. Premi on the impact of internal Indian migration on international migration, and Dr. P.R. Gopinathan Nair on emigration from Kerala, India, to the Middle East. Representatives of South Asian governments discussed the implications of the research findings. Pakistan's representative urged cooperation and joint strategies among labor-sending countries. He cautioned that income and remittance estimates were unstable and unrealistic for inclusion in economic development plans. The Indian representative noted that, although Indian emigration is low, it is highly visible in the press. He agreed with the suggestion for greater cooperation between sending countries. The Bangladesh representative stated that the country needed to locate new markets for Bangladeshi emigrants, to guarantee the rights of emigrant workers, and to prevent trafficking in illegal migrant workers. Three major topics were discussed in the workshop session on the implementation of programs based on research findings. Workshop participants recommended updated information on migration trends, updated information on labor markets in receiving countries, formal and regular policy dialogue between sending countries, and promotion of continuing research by the International Organization on Migration.     

Research on international migration and census data co-operation in Latin America

Population censuses in Latin America have generally recorded the place of birth of all persons enumerated. The use of those data for the study of international migration has been less common because international movements were judged to be a relatively weak factor determining demographic change in the majority of Latin American countries and because the data gathered were generally not tabulated with sufficient detail. During the 1970s, the UN Latin American Demographic Center (CELADE) realized that international migration was not necessarily a minor factor in their evolution and launched a program to improve the quality and availability of census information on the foreign-born population enumerated by each country. The program on International Migration in Latin America (IMILA) has therefore been in operation for more than 10 years and has been successful in eliciting the in-depth tabulation and exploitation of census information in the majority of Latin American countries and in the 2 main receivers in the Americas: Canada and the US. As part of the IMILA project, CELADE has become the depository of magnetic tapes with census information on the foreign-born population, thus gaining greater flexibility in the exploitation of the data available. On the basis of the information gathered, CELADE has published twice in the past decade a compilation of tabulations of the foreign-born population by country of enumeration, country of birth, age, and sex. Although census data on place of birth are not free from problems, particularly in countries where illegal migrants may not be adequately enumerated by a census, they are a valuable source of reasonably comparable information on the overall impact of migration in receiving countries and are often the only source of information on emigration from the sending countries.     

Philippine migration policy: dilemmas of a crisis

Philippine migration policy is traced from the early 1970s to the present. The main migration trends in the 1990s are described. An assessment is made of the efficacy and appropriateness of present migration policy in light of the economic crisis. A regional approach to migration policy is necessary in order to encourage placing migration as a greater priority on national agendas and in bilateral agreements. In the Philippines, migrants are considered better paid workers, which diminishes their importance as a legislative or program priority. Santo Tomas (1998) conducted an empirical assessment of migration policies in the Philippines, but refinement is needed. Although migration is a transnational experience, there is little dialogue and cooperation among countries. Philippine migration policy defines its role as an information resource for migrants. Policy shifted from labor export to migrant management in the public and private sectors. Predeparture information program studies are recommending a multi-stage process that would involve all appropriate parties. There is talk of including migration information in the education curriculum. There are a variety of agendas, competing interests, and information resources between migration networks and officiating agencies. The Asian financial crisis may have a mild impact, but there are still issues of reintegration, protection, and employment conditions     

Migration policy objectives for European East-West international migration

The study contains selected results of Delphi research (subjective judgements concerning the future on a collective expert basis) on international migration between Central/Eastern (C/EEc) and Western European countries. Taking part in the research were 109 scholars and officers (70 in the first Delphi round and 39 in the second round) from all over Europe – mainly sociologists, economists, geographers and demographers dealing with the topic of migration.
Results indicate growing problems and tensions in societies, the division of Europe into two parts, and the triggering rather than pacifying of further antagonisms and hostile anti-immigrant attitudes on the Western side. As predicted, it seems that the West will further try to curb immigration by applying tighter restrictive measures. Regarding competition between Eastern Europeans and Third World immigrants in Western Europe, the preferred opinion is that "the C/EE immigrants will not significantly affect the activities of the Third World immigrants in the West because they will attempt to gain posts/jobs at higher levels of the social ladder."
Concerning policy objectives, the two most important general aims were how to contribute to migration stabilization in the East, and how to maintain and further develop stable democratic order and promote economic development.
Policy objectives devoted to specific migration issues indicate that more international cooperation, more information and more democracy/tolerance is necessary. Shared objectives should be: (1) to intensify mutual contacts; (2) disseminate information on rules and regulations regarding international migration as well as to tackle the issue of harmonizing the given migration controlling systems and statistics within Europe; and (3) provide further support for temporary labour contracts for Eastern professionals and manual workers in the West.     

Migration and AIDS

This article presents the perspectives of UNAIDS and the International Organization for Migration (IOM) on migration and HIV/AIDS. It identifies research and action priorities and policy issues, and describes the current situation in major regions of the world. Migration is a process. Movement is enhanced by air transport, rising international trade, deregulation of trade practices, and opening of borders. Movements are restricted by laws and statutes. Denial to freely circulate and obtain asylum is associated with vulnerability to HIV infections. A UNAIDS policy paper in 1997 and IOM policy guidelines in 1988 affirm that refugees and asylum seekers should not be targeted for special measures due to HIV/AIDS. There is an urgent need to provide primary health services for migrants, voluntary counseling and testing, and more favorable conditions. Research is needed on the role of migration in the spread of HIV, the extent of migration, availability of health services, and options for HIV prevention. Research must be action-oriented and focused on vulnerability to HIV and risk taking behavior. There is substantial mobility in West and Central Africa, economic migration in South Africa, and nonvoluntary migration in Angola. Sex workers in southeast Asia contribute to the spread. The breakup of the USSR led to population shifts. Migrants in Central America and Mexico move north to the US where HIV prevalence is higher.     

The evolution of the policy environment for climate change migration in Bangladesh: Competing narratives,coalitions and power

In spite of an enormous increase in attention to climate migration in Bangladesh, institutional weaknesses have meant that unplanned migration has triggered social issues. This situation requires investigation of the main challenges and opportunities in institutional capacity and policy development for climate change induced migration. Drawing on different narratives, networks and power status of stakeholders, this study identifies two competing coalitions: ‘in‐situ’ coalition, which shares the belief that migration is a failure of adaptation, and ‘ex‐situ’ coalition adhering to the emerging slogan of “migration as adaptive strategy.” The differentiated powers of two coalitions to some extent leave the agenda of climate migration in the policy domain as a subject of informal institutional capacity rather than a formal regulatory framework. Consequently, the evolution of the policy environment for climate migration depends on how effectively a greater policy space is determined by narratives, coalitions and power. Through a political economy lens, this article seeks to clarify the potential approaches to extending the policy space regarding climate migration in Bangladesh, first by improving ideological pluralism in international climate change finance, and, second, enhancing the bottom‐up process for resource mobilization. In short, the evolution of the policy environment for climate change largely depends on the political power of the ‘ex‐situ’ coalition.     

中东油气与中国石油发展的战略思考

在当前国际环境下,中国的石油安全战略应是开放和外向型的,其核心思想是“保内争外”,即中国政府应进一步加强对中国石油企业参与国际能源合作的宏观指导和支持;中国石油企业应加强国内油气资源的可持续开发和利用,坚持开展国际能源合作,直面国际博弈。中东国家油气资源丰富,且与中国关系友好,应是中国石油企业对外开展能源合作的首选地区。     

Teaching Note—No Peace Without Justice: Addressing the United States’ War on Drugs in Social Work Education

The United States’ War on Drugs encompasses a body of legislation characterized by punitive approaches to drug control. These policies have resulted in escalating incarceration rates and have extracted a particularly harsh toll on low-income people of color. This article argues that education on the War on Drugs is essential for effective practice with people affected by addictions and is also an important social justice issue. It is thus the responsibility of educators to incorporate a critical examination of drug policy into course work. Strategies for addressing drug policy in social work education are provided, including the use of guest speakers and multimedia presentations, case study assignments that prompt students to examine the intersection of policy and practice, and international drug policy comparisons.     

Improving comparability of international migration statistics: contributions by the Conference of European Statisticians from 1971 to date

This article summarizes the 3 main types of interrelated activities which the Conference of European Statisticians has worked on to improve the measurement and international comparability of international migration flows. The work has encompassed collaborating with the UN Statistical Commission on the preparation and implementation of the revised international recommendations on statistics of international migration, organizing a regular exchange of data on immigration and emigration flows among the UN Economic Commission for Europe countries and selected countries in other regions, and conducting bilateral studies on international migration within the framework of the Conference's program of work in this field of statistics. The bulk of the work which has been carried out to date by the conference has been conducted rather anonymously and even unobtrusively by the staff of national statistical offices in Economic Commission for Europe countries; they have achieved a modest but important amount of progress during the past 15 years. There is reason to expect that further progress will be made over the next decade, particularly if national statistical offices in the region continue to undertake bilateral studies and endeavor to improve their migration statistics. However, more substantial progress could be achieved if additional countries and organizations established projects aimed at achieving these ends (author's modified).     

Family reunification

The author explores the problem of family reunification in the context of international migration. The focus is on international and national legislation, policies, and provisions concerning family reunification. The need for international cooperation to resolve the problems arising from international migration and the desire to reunite families is noted. (SUMMARY IN FRE AND SPA)     

Estimation of International Migration in Post‐Soviet Republics

When annual migration data lack reliability, scholars apply alternative methods for estimating international migration. Yet, researchers note that alternative approaches have primarily been tested on developed countries, rather than developing countries that usually have dramatic migration shifts. I close this research gap. I use the example of 15 former Soviet republics to demonstrate several conclusions. First, I show that such alternative approaches as immigration‐by‐origin data of receiving countries do not result in reliable and valid estimates of post‐Soviet migration, given the large variation that exists in how former Soviet republics define “migrant”. Second, I demonstrate that population censuses, while a more superior alternative, fail to capture temporary migrants. In developing countries, the international emigration is mainly due to temporary (undocumented labour) migration. Third, I suggest that scholars and policy‐makers should apply household surveys as a possible alternative. However, while this method seems promising, given the limited use of household surveys in migration measurement in the post‐Soviet republics, future research by both scholars and applied researchers should explore the advantages and limitations of household surveys as an alternative source for estimation of migration. Finally, I outline methodological guidelines that researchers and scholars can advance on migration issues in the post‐Soviet region.