The protection of migrant workers and international labour standards

International labor standards take the form of Conventions and Recommendations that embody the agreements reached by a 2/3 majority of the representatives of Governments, Employers, and Workers of International Labour Office (ILO) member states. Originally designed to guard against the danger that 1 country or other would keep down wages and working conditions to gain competitive advantage and thereby undermine advances elsewhere, international labor standards have also been inspired by humanitarian concerns--the visible plight of workers and the physical dangers of industrialization and by the notion of social justice, which embraces wellbeing and dignity, security, and equality as well as a measure of participation in economic and social matters. ILO standards apply to workers generally and therefore also to migrant workers, irrespective of the fact that the general standards are complemented by standards especially for migrant workers. The social security protection of migrant workers has been dealt with in ILO instruments primarily from the angle of equality of treatment but also from that of the maintenance of acquired rights and rights in course of acquisition, including the payment of benefits to entitled persons resident abroad. The ILO Conventions on migrant workers and the Recommendations which supplement them deal with practically all aspects of the work and life of non-nationals such as recruitment matters, information to be made available, contract conditions, medical examination and attention, customs, exemption for personal effects, assistance in settling into their new environment, vocational training, promotion at work, job security and alternative employment, liberty of movement, participation in the cultural life of the state as well as maintenance of their own culture, transfer of earnings and savings, family reunification and visits, appeal against unjustified termination of employment or expulsion, and return assistance. ILO's supervisory mechanism consists basically of a dialogue between the ILO and the Government that is responsible for a law, regulation, or practice alleged to be in contravention of principles it voluntarily accepted. The control machinery is often set in motion by workers' organizations. The UN General Assembly is currently elaborating a new instrument designed to cover both regular and irregular migrant workers and their families.     

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.     

Convergence of a fixed point algorithm

This note gives a condition which ensures convergence to an optimum of an algorithm suggested by Silvey, Titterington and Torsney (19 78) in the optimal design context.     

Some thoughts on emigration from the Mediterranean basin

In addition to emphasizing that the kind of migration characteristic of the 1960s between Mediterranean and western European countries has serious implications for the former, this discussion explores the more questionable consequence of "lassez-faire" emigration for employment and development; proposes a method of analysis--the human resources approach--which facilitates insight into undesirable development, incipient or future bottlenecks, and how far they may be caused by outmigration or could be removed by the purposeful organization of return migration; and raises for examination various principles and instruments of emigration policy connecting international movements of human resources with development in general and employment policy and manpower planning in particular. Wherever migrant workers go abroad temporarily, which has been claimed to be the feature of Mediterranean western European migrations, they are not totally lost to their country of origin. They may be considered to remain part of the national labor force. Consequently, the human resources available for the country's development (hereafter termed the "national" labor force) comprise both the domestic population and the temporarily absent population. Migration streams may consist of seasonal (S), temporary (T), and permanent (P) workers according to the intentions of the migrants or their legal status. To obtain the effective numbers of S, T, and P migrants, it is necessary to weigh the figures of intending S, T, and P migrants with the actual emigration experience of each category. Applying hypothetical proportions to the known S (15%), T (80%), and P (5%) figures for Yugoslavia would give the following effective rates (as percentages of total outmigration: S = 13.5%; T = 49.25%; and P = 37.25%. In the case of Yugoslavia, which may be considered fairly representative, the temporarily absent workforce would be less than 2/3 of the annual outflow postulated. Thus, 1 in 3 migrants leaving Yugoslavia is irrelevant for manpower planning purposes. Net outmigration at seasonal peaks or throughout the year reduces the available labor supply directly. It also does so disproportionately, for it involves the most able bodied persons. To obtain positive effects, the contribution of migrants to the home country's economy would have to be larger than before migration. The question is what effect does foreign emigration have on the spatial, economic, and social modernization of the rural sector. Most Mediterranean countries are characterized by widely scattered settlements, many of which are unviable and costly to service. The economic organization of the rural sector may be affected through labor shortages inducing wage pressure and mechanization. The traditional social organization of the rural sector may receive jobs from outmigration that could speed up its replacement by modern structures.     

International migration in Western Europe: reflections on the past five years

Five significant developments have occurred since 1974 with regard to the European labor force: 1) growth of return migration; 2) adoption of a new ILO Convention and Recommendation on return migration; 3) the movement towards a New International Economic Order; 4) the holding of the World Employment Conference in 1976; and 5) growing support for the idea that countries of origin should be compensated for out-migration of its citizens. About 1.5-2 million migrant workers have returned to their country of origin since the early 1970's when about 6 million workers and dependents were in Western Europe. The inequity that pervades international economic relations in general and migration in particular stems from the unequal bargaining power of the partners and the absense of corrective international social policies. The developing countries' wish for a new economic order questions the distributional aspects of the old liberal order. While raw materials and trade are covered comprehensively, labor movement is neglected. The growing realization that migration is a resource drain has led many poor countries to request compensation.     

Integration and immigration pressures in western Europe

"With xenophobia resurgent in Europe, this article addresses some of the complexities of immigration and integration in EC [European Community] and EFTA [European Free Trade Association] countries. The categories of legal and illegal immigrants (including estimates thereof) are first described, as are the necessary ingredients of an integration policy (a framework law, a secure environment, cultural tolerance, demarginalization in housing and the labour market). The author then considers what types of action would help to ease the present immigration pressure, discussing in turn quota policies, project-tied or training migration and, finally, the use of international aid."     

Is international economic migration spreading?

"Are the numbers of migrants growing? Proof is hard to come by--many countries' statistics do not provide reliable data for legal migration; most countries do not have good estimates for illegal migration; quite a few have no useable data at all, especially migrant-sending countries. We make use of an alternative yardstick, which over a period of time compares the number of countries that receive foreigners who are economically active or that are these persons' countries of origin.... Our yardstick includes only countries of a minimum population size fixed in terms of a comparable population base in the years 1970 and 1990."