Basic humanitarian principles applicable to non-nationals

This article examines the general status in international law of certain fundamental human rights to determine the minimum "no derogation" standards, and then surveys a number of formal agreements between stages governing migration matters, while examining some of the standard-setting work undertaken by the International Labor Organization (ILO) and other institutions. Article 13 of the Universal Declaration of Human Rights, proclaims the right of everyone to leave any country, including his or her own. The anti-discrimination provision is widely drawn and includes national or social origin, birth, or other status. Non-discrimination is frequently the core issue in migration matters; it offers the basis for a principles approach to questions involving non-nationals and their methodological analysis, as well as a standard for the progressive elaboration of institutions and practices. As a general rule, ILO conventions give particular importance to the principle of choice of methods by states for the implementation of standards, as well as to the principle of progressive implementation. Non-discrimination implies equality of opportunity in the work field, inremuneration, job opportunity, trade union rights and benefits, social security, taxation, medical treatment, and accommodation; basic legal guarantees are also matters of concern to migrant workers, including termination of employment, non-renewal of work permits, and expulsion. The generality of human rights is due not because the individual is or is not a member of a partucular group, and claims to such rights are not determinable according to membership, but according to the character of the right in question. The individualized aspect of fundamental human rights requires a case-by-case consideration of claims, and the recognition that to all persons now certain special duties are owed.     

The law,immigration and human rights: changing the Australian immigration control system

This paper examines the structure of the present system of immigration control in Australia in the context of its origin, evolution, and responses to current human rights and anti-discrimination standards. The system has serious shortcomings because it confers broad discredionary powers on immigration officals and provides no comprehensive system of judical review. Since the 1970s the system has been gradually losing its legitimacy and has become a subject of challenges by various groups; its efficiency has been undermined and it breeds social conflict and systematic human rights violations. The 1958 Migration Act contains a level of discretion unknown in other "machinery" legislation, conferring a wide range of discretionay power on 1) the minister, 2) authorized officers, 3) officers, and 4) prescribed authorities. The current review system, in response to political pressure and in the context of administrative law reforms, provides for limited access to judicial review under the Administrative Decisions Act of 1977. The ethnic gains of the 1970s were achieved when Australian society was going through a period of profound liberal changes. The 1980s have brought continuing high unemployment and high inflation rates, a large budget deficit and associated restraints in government expenditure, as well as a substantial cut in the immigrant intake after the Labor Victory of March, 1983. Overall, an entirely new immigration control system should be developed that will aim at providing a better balance between stability, predictability, and fairness of the system on the one hand, and the need for government to maintain its ability to adapt its program to fluctuations in economic and social conditions both within and outside Australia on the other hand.     

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

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

Cuba's exiles: portrait of a refugee migration

"This article provides a portrait of Cuba's exiles [in the United States] that encompasses all their waves of migration, while utilizing the Cuban exodus to shed light on the broader phenomenon of refugee migration. It argues that to understand the changing social characteristics of the exiles over twenty years of migration, we need to understand the changing phases of the Cuban revolution. Utilizing the Cuban exodus as data, the article uses Egon F. Kunz's...theoretical framework for refugee migration to shed light on the refugees' varying experiences, while also using the actual Cuban refugee experience to react to Kunz's abstract model."     

A note on the migration of Jews from Dublin

The emigration of Jews from Dublin, Ireland, between 1930 and 1980 is analyzed. Data are from a survey carried out in 1980 among 130 randomly selected Jewish households in Dublin.     

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.     

Self reported morbidity in London and Manchester: Intra-urban and inter-urban variations

Evidence of self reported morbidity from two household surveys, carried out in London and Manchester is discussed. These data permitted intra-urban and interurban comparisons of patterns of morbidity reporting. The morbidity reported in response to two different instruments is compared: for the items used in the British General Household Survey (GHS) Health Section, and for the Nottingham Health Profile. The results from the London survey are analysed in more detail to examine the nature of self reported morbidity in the inner and outer city. The influence of interviewer effects is analysed, showing that the GHS items were more liable to interviewer effect than the NHP. The type and number of illnesses reported in response in response to the GHS also appeared to vary between the inner and outer London samples: The NHP appeared to be less affected by interviewer effects and variation in interpretation.