Migration,International Telecommunications,and Human Rights1

World polity embeddedness has traditionally been measured by state and civil participation in formal venues, including international organizations, multilateral agreements, and world conferences. In this study, we highlight an alternative form of embeddedness found in cross‐national social relations and apply this framework to the human rights sector of the world polity. Specifically, we propose that the international migrant community diffuses human rights values and practices via (1) local performance and (2) cross‐national communication. Using data from the World Values Survey, we first show that immigrants are more likely to embrace, and actively participate in, the human rights movement. Next, using network data that report country‐to‐country bilateral flows, we observe a high degree of correspondence between international migration and telecommunications, confirming previous studies that trace telephone traffic to the flow of people. Finally, analyzing a balanced data set of 333 observations across 111 countries spanning the 1975–2000 period, we use ordered probit regression to assess the local and cross‐national effects of migrants on a state’s human rights record. We find that a country’s immigration level and its in‐degree centrality in international telecommunications both positively affect its Amnesty International rating, and that these effects are robust to a number of alternative specifications.     

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 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.     

Citizenship and inequality in a global age

Although the notion of national citizenship has long held the promise of equal membership, it has proved less useful in a world of circulating cultures, people, and loyalties through money, media, and migration. The increasing mobility of capital and people across national borders compels us to conceptualize welfare and inequality at the global level. Although the enforcement of citizen rights remains within the purview of the nation‐state, the source of these rights can no longer be firmly placed within the national framework. From cosmopolitan imaginations to postnational research, contemporary configurations of citizenship trace their legitimacy to global discourses that increasingly challenge the national order of citizenship. Yet current transformations in citizenship also point to the possibility of new inequalities, particularly, when nation‐states are increasingly able to modulate the rights they make available to immigrants, and differentiate among refugees, professionals, and investors among many other categories of people.     

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.     

Labour,Legality and shifts in the Public/Private divide

This article discusses the changing role that work performed in private homes has played, and continues to play, in migration law in the Netherlands and at the EU level. It explores to what degree work performed in the home is defined as (exploitative) contractual labour or as inherent to family life, and what this means for claims to residence rights as a precursor to citizenship. It does this by reviewing case law of the European Court of Justice (CJEU) and of the European Court of Human Rights (EctHR) against the background of the Dutch case. It reveals tension between how citizenship is constructed and reproduced at the national level and how it is constructed and reproduced at the EU level. Following Adam McKeown, this article concludes that different perspectives on (reproductive) labour as a qualification for citizenship may reflect different perspectives on (reproductive) labour and the quality of citizenship.

Policy Implications

• Third Country Nationals must be allowed to reside in the EU with their EU children, to ensure the latter's effective enjoyment of fundamental rights.
• Policies to combat trafficking of domestic workers must respect family life.
• Family migration policies must allow individual family members enough scope to resist exploitation within families.
• Policies concerning labour protection, social protection and migration should no longer take the breadwinner‐citizen as point of departure, but the current reality of flexible labour relations in which the distinctions between home and work, and between employment and self‐employment, are no longer sharply defined.

     

Performance and ideology in speaking tests for adult migrants

Language learning linked to migration is an important issue in many contemporary societies. This article discusses how adult migrants following a L2 Swedish course express beliefs on competence, language learning and language use during a test event. The theoretical framework is based on performance theory and the Bakhtinian notion of addressivity. Drawing on an interactional analysis of 27 video‐recorded paired speaking tests (a candidate‐candidate discussion) in the final national exam in an L2 Swedish course for adult migrants, the article discusses how the speaking tests could be interpreted as institutionalized staged performance. It is argued here that institutional performance puts ideologies on display. Stance‐taking, interactional alignment and an orientation to dominant discourses on monolingualism and integration become important resources for keeping the discussion going in front of the examiners. Finally, the study argues that the view of speaking tests as performance provides a deeper understanding of the complexity of language use in test settings.     

Migration and Human Rights on the Mexico-Guatemala Border

This paper identifies the protections in place for irregular migrants on the Mexico‐Guatemala border and analyzes Mexican government immigration enforcement policies and levels of compliance with international standards and national law. The history of the Mexico‐Guatemala border region and different types of migration flows into and through the area are also explored, as well as the linkages between migration, trade, security, and US immigration policy. It is argued that the Mexican government has partially complied with international conventions and national laws to protect the human rights of transmigrants in the Guatemalan border region, but that compliance is not complete and that an international response is required to ensure that human rights standards are upheld.     

What Can Migration Policymakers Learn From Legal Frameworks on National Minorities? National Minorities and Migration in Armenia and Belarus

The dissolution of the USSR resulted in massive depopulation of the republics and unprecedented migration flows, including national minorities. Citizens of a once indivisible country were suddenly divided into “those of our kind” (natives) and “outsiders” (national minorities/ immigrants). The latter were often not guaranteed citizenship and were denied basic rights. Many national minorities became forced migrants and refugees, leaving neighbouring states because of discrimination or fearing violence. This article focuses primarily on the interconnection of minority and migration issues, two topics which are often discussed separately. It investigates the interrelation between migration and the minority regimes adopted by Armenia and Belarus, and the extent to which certain policies and rights for national minorities can be meaningfully extended to new migrant minorities. It also asks what lessons can be learnt from the treatment of national minorities as far as future migration legislation is concerned.

Policy Implications

• Migrants' participation policy is always based on implicit political models of participation that should always be made explicit and examined before implementation.
• There is always a plurality of political preferences, for different models of participation in the migrant population, that should be explored and accommodated.
• The number of associations in existence should not be used as an indicator of a strong civil society as much as it is at present.

     

The construction and psychometric properties of an instrument measuring support for sexual rights

The purpose of this paper is to report the findings of an attempt to construct and examine the psychometric properties of an instrument that measures support for the 11 sexual rights formulated by the World Association of Sexology. Since international conferences held in the mid‐1990s, a new approach to sexual issues has been promoted by health professionals, sex educators, and human rights advocates. This approach emphasizes the empowerment of individuals and examines sexual health concerns within a human rights framework. Goals of a sexual rights approach have been to promote awareness and advocacy of sexual issues and especially to facilitate the work toward better sex education and sexual health services. Analysis of reliability and validity data from two university samples (n = 388 and n = 175) indicated that the majority of the sexual rights scales have acceptable psychometric properties. This paper concludes with a discussion of ways to improve the scales for future use and the need to validate the scales using samples that allow generalizability of findings.     

Dual Citizenship as a Path‐Dependent Process1

Over the last few decades, dual nationalities worldwide have increased rapidly. This is astonishing when one considers that a few decades ago citizenship and political loyalty to a national political community were considered inseparable. Overall, there has been a bumpy‐line trend towards increasing tolerance. Yet, the degree to which dual nationality is tolerated by states differs. Based on the findings of postnational and national perspectives, this analysis proposes to view tolerance and resistance towards dual nationality as a path‐dependent process. The questions dealt with are: What are the factors encouraging the generally increasing tolerance towards multiple nationalities? How can cross‐national differences regarding de jure and de facto tolerance towards dual nationality be explained? The main tendency over the past decades has been the growing emphasis on individual rights vis‐à‐vis state prerogatives in liberal democracies. The expansion of de jure tolerance towards dual nationality is due partly to inter‐, supra‐ and national‐level developments, which are connected to diverse factors such as gender equity, understandings of nationhood, immigrant incorporation and general characteristics of the political systems.     

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.     

Citizens with learning disabilities and the right to vote

This paper asks, in the context of recent legislative changes, what can be done to support more citizens in England and Wales with learning disabilities to vote in national elections? This issue is addressed through (i) a review of recent disability access campaigns that have reported discrimination against, and the under‐representation of, adults with disabilities in UK elections; (ii) a review of recent research undertaken in the USA into the assessment of competence to vote and research undertaken in England that conclusively documents the under‐representation of voters with learning disabilities in the 2005 general election. It is proposed that a ‘functional approach’ to developing an individual's capacity to vote could help to fulfil Article 29 of the United Nations' Convention on the rights of persons with disabilities that gives all people the same political rights.     

Transnational regimes of labor and statelessness: Intersections of citizenship regimes and local norms in East and Southeast Asia

This article offers a review of the literature on transnational labor regimes and statelessness to pursue further theorization from East and Southeast Asian contexts. The main focus is on how local norms (local sense of belonging, local moral code, and local hierarchies) are entangled with national‐level citizenship regimes to legitimate the discrimination of certain people to be statelessness and secure low‐wage migrant workers for the new global labor regime. First, traditional literature on citizenship and statelessness was reviewed; binary theoretical frameworks (including citizens/excluding non‐citizens) based on political recognition were indicated as the main limitations. Second, recent theories arguing for an intersection between national citizenship regimes and a new global labor regime were reviewed. Third, recent theories that illuminate the importance of local contexts in determining citizens' rights were reviewed based on formal exclusion and informal inclusion as well as formal inclusion and informal exclusion. Finally, it was concluded that further theorization is needed on how citizenship regimes and local norms intersect to produce statelessness, securing low‐wage migrant workers for the global labor regime through the global assemblages approach. Through the paper, East and Southeast Asia were illuminated as potentially fruitful research sites for further theorization on the topic.     

Everyday Restriction: Central American Women and the State in the Mexico‐Guatemala Border City of Tapachula

Media coverage and emerging scholarship have brought increasing international attention to the urgent humanitarian crisis facing Central American transmigrants as they navigate landscapes of violence in Mexico. While stories of Central American immigrants who remain in Mexico are largely absent from this coverage, there is arguably a “Central Americanization” occurring on the southern border through this permanent settlement. Central Americans choosing to establish themselves in the border state of Chiapas do so in a socio‐spatial and political context defined by the introduction of “progressive” state‐ and national‐level migration policies on the one hand and the persistence of discrimination and violence on the other. We know little about the implementation of these policies on the ground, namely how they are applied and the impacts they have on the immigrant experience in Mexico. To begin to fill this gap, this paper focuses on the experiences of Central American immigrant women living in the Mexico‐Guatemala border city of Tapachula. Employing a feminist geopolitical lens, which encourages conducting research and analysis at diverse scales, it examines their everyday interactions with low‐ to mid‐level representatives of the Mexican state as they seek to avail themselves of their legal and social citizenship rights, and the impacts of these interactions on their livelihoods. This article argues that low‐ to mid‐level officials’ actions reveal the importance of a form of extra‐official, subtle, yet pervasive regulation through which immigrant women are denied rights they are entitled to, inducing negative impacts to their livelihoods, which I term everyday restriction.     

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.     

Uncovering European Union Immigration Legislation: Policy Dynamics and Outcomes

The member states of the European Union (EU) have recently experimented with constructing a common immigration policy. This gives rise to an important and fascinating question: what happens to immigration policy once it is no longer made in national capitals? Have national governments been able to retain ultimate control over the field of EU immigration policy? Or do we see slippage towards supranational power, with the Commission, Parliament, and Court of Justice expanding their influence? If EU institutions have gained power, do they use this power to defend the rights and freedoms of immigrants against restrictionist national governments? Using participant interviews (listed in Appendix I ) and documentary analysis, I analyse negotiations over three EU immigration laws: the directives on family reunification, long‐term residence, and economic migration. I assess whether national preferences are implemented in these directives, or whether supranational institutions have moved policy away from national preferences, potentially expanding immigrant rights and freedoms.     

From intergovernmental negotiations to (sub)national change

In the last thirty years, a process of global norm creation in the field of gender equality has taken place. The Convention on the Elimination of All Forms of Discrimination Against Women marks a milestone in this process: it emerged as the first legally binding international instrument for the protection of women's rights. The 180 states that have ratified the Convention have interpreted their treaty obligations in diverse ways, ranging from reluctance to active incorporation. Beyond its original mandate, CEDAW has increased attention on gender issues within the UN human rights framework. Further, it has motivated transnational NGO activism that uses the Convention to connect local understandings of women's rights with global standards to influence national policy developments. Taking these global, national and transnational dynamics together, the article argues that CEDAW has been transformed from a ‘classical’ intergovernmental regime to a transnational network enforcing women's rights. Based on these findings, a theoretical view on global norm creation and enforcement is developed that stresses the reciprocal interrelation between global, national and local spheres. Instead of assuming a ‘trickle-down’ dynamic as a consequence of global agreements, it is argued that the legitimacy and authority of global norms depends on their active interpretation and appropriation within national and local contexts all over the world.     

Elite positionings towards Hindi: Language policies,political stances and language competence in India1

In India, Hindi is imagined and institutionalized as the national language which weds together India's pluralistic population under the banner of a shared Indian identity. Approaching language competence as embedded in and performed through language practices and ideologies, I explore how a New Delhi elite community positions themselves towards Hindi vis‐à‐vis national language policies and political movements. Contrasting with traditional unified elite portrayals, e.g. ‘elite closure’ ( Myers‐Scotton 1990 ), India has multiple sociolinguistically discordant elite groups, and these liberal elites ideologically construct their Hindi (in)competency in an alternative framework attending to the history (and failure) of Hindi‐based nationalism, their disalignment with modern right‐wing movements, and their continued affiliation with English. This perspective of some elites as negotiating and disagreeing with contemporary political movements and language policy legislature illuminates language competencies as socially constructed and locally grounded, and challenges past interpretations of postcolonial elites as unified actors controlling the dominant linguistic marketplace.     

Global Distribution of Transnational Human Rights NGOs: The Effects of Domestic Resources and Institutions

This article examines domestic sources of the uneven distribution of human rights transnational NGOs (TNGOs) across countries. I compile an original dataset covering 787 human rights TNGOs during the 2005–2010 period from the Yearbook of International Organizations (supplemented by the directories produced by Human Rights Internet and the Encyclopedia of Associations). I employ the zero‐inflated negative binomial model to explore domestic conditions influencing the location of TNGO headquarters. The analysis distinguishes two processes. First, population size and political institutions are particularly important for the likelihood of hosting any human rights TNGOs. Human rights TNGOs are likely to exist only in strong democratic countries with relatively large populations. Second, domestic resources (economic and human) and institutions (political and regulatory) affect the count of human rights TNGOs in a country. A high level of economic development, a large and well‐educated population, strong democratic institutions, and a less regulatory environment provide favorable conditions for the establishment of more human rights TNGOs. Although human rights TNGOs are transnationally oriented, their establishment is still greatly influenced by domestic factors.