Suchergebnisse

Migration has always been an essential component of economic development and social progress in many countries. Labour migration becomes one of the most important sources of regional integration, where regulation of labour migration is implemented at the regional level, for only such large integration unions that exploit the advantages of markets, resource bases and labour potentials amalgamation, can hold out against increasing competition within globalizing world. However, if migration is not regulated by adequate laws and rules, it carries a high risk to violate the rights of people participating in it and to create social tension. Today the discussion on migration represents contradiction between economic logic of globalization, on the one hand, and those moral values which are incarnated by human rights concept on the other. The focus of such contradictions often concentrates on directly opposite views concerning the way migrants' rights protection, especially those who do not have legal status, and the ways of guaranteeing security and social stability if foreign citizens prove to be under protection of national legislation. Within everyday reality this contradiction puts migration in the centre of discussion concerning interaction of labour and capital, distribution of economic activities incomes, and how foreign working people and civil society can organize themselves in order to clearly formulate and protect their own rights.

La réticence des États à ratifier la Convention illustre le conflit entre mondialisation économique et droits humains, au cœur des mutations socio-économiques contemporaines. Cet article met en évidence le rôle essentiel tenu par les travailleurs migrants dans l'essor du capitalisme à l'échelle planétaire tout en étant à la fois enjeu d'un marchandage économique et victimes de ce système. Il dénonce en particulier l'atteinte à l'universalité des droits humains que représente l'inégalité de traitement
des étrangers, en droit et en pratique

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.

Civil society and trade unions, whether as service providers and/or as advocates, have played a key role in defending migrants' rights. Increased labor mobility on the one hand and accelerating labor exploitation and deregulation on the other have rendered migrants, particularly irregular migrants, more vulnerable to abuse and exploitation. While there is an alternative policy framework to promote migrants' rights, the realization of this framework requires sustained advocacy. Both civil society organizations and trade unions are critical players in advocating for a comprehensive and rights-based approach to national and international migration policies. Key strategic action lines include establishing alliances among trade unions, civil society and migrant organizations; spearheading public discussions and actions to prevent discrimination and xenophobia; provision of direct services to migrant communities; and engagement with international campaigns and cooperative programs.

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is a valuable instrument both to bring about recognition of the human rights of migrants and to uphold or defend such rights in practice. Nonetheless, migrants' associations and organizations in support of migrants tend to underestimate the significance of international conventions. Compared with the demands they put forward conventions offer too little. However, experience has shown that international conventions can be used successfully to defend migrants' rights. In this article, suggestions are made as to how nongovernmental organizations (NGOs) can use this new Convention.