International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990

2018 ◽  
pp. 179-210 ◽  
Keyword(s):  
Migrant Workers ◽  
International Convention

The Protection of the Rights of Migrant Workers: Unfinished Business

1993 ◽  
Vol 2 (2) ◽  
pp. 161-177 ◽  
Author(s):  
Ved P. Nanda
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
State Sovereignty ◽  
Unfinished Business ◽  
International Regime ◽  
International Human Rights ◽  
International Convention ◽  
International Human

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families reflects a compromise between guaranteeing migrants international human rights and acknowledging state sovereignty. Notwithstanding a laudable attempt to provide in the Convention a comprehensive international regime for the protection of the migrant workers, the Convention is not an unmixed blessing. To illustrate, while the Convention creates new rights, it also limits some rights migrant workers already had under existing international human rights instruments. Also, the Convention's terminology and language suffer from ambiguities and are likely to cause uncertainty due to varying interpretations.

scholarly journals LEGAL PROTECTION FOR INDONESIAN MIGRANT WORKERS

2020 ◽  
Vol 2 (1) ◽  
pp. 25-34
Author(s):  
Brian Dananjaya ◽  
Lidya Marsaulina
Keyword(s):  
New York ◽  
Human Trafficking ◽  
Migrant Workers ◽  
Legal Protection ◽  
Forced Labor ◽  
International Convention ◽  
Descriptive Research ◽  
United Nations General ◽  
Changing Times ◽  
Increasing Demand

The purpose of this study is to determine and analyze the legal protection of Indonesian citizens working abroad from the perspective of domestic law and international law. The research method used is descriptive research methods and qualitative analysis techniques. The results obtained from this study indicates that human trafficking is a growing human rights problem in the international community, with a focus on prostitution involving women and children. Over time, changing times and increasing demand, human trafficking is no longer only in the field of prostitution, but also used in the form of forced labor, slavery, and the sale of organs. To regulate the protection of migrant workers, the United Nations General Assembly passed Case No. 45/158 in New York on December 18, 1990 which became the legal umbrella by issuing it. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The problem of migrant workers working abroad is currently a special concern of the Indonesian government as a guarantee that the state's goal is to protect the entire nation carried out. Protection in the form of a legal norm from Indonesia and legal entities abroad is an important factor to support the protection of migrant workers. With the direction of international and national law, Indonesian goverments puts out every effort to carry out legal protection optimally.

Part II: Interpreting the Convention: Human Rights, State Sovereignty and the Protection of Undocumented Migrants under the International Migrant Workers Convention

1991 ◽  
Vol 25 (4) ◽  
pp. 737-770 ◽  
Author(s):  
Linda S. Bosniak
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Legal Protection ◽  
Undocumented Migrants ◽  
International Convention ◽  
Irregular Migrants ◽  
Territorial Sovereignty ◽  
National Differences ◽  
Appropriate Treatment ◽  
The One

Pursuant to the international legal principle of territorial sovereignty, states possess extensive authority to control the ingress of foreigners into their territory, but the presence of tens of millions of irregular migrants around the world reveals that states often fail to exercise such control in practice. As a result, international society is faced with the need to establish standards of appropriate treatment for irregular migrants who are present within the territory of receiving states. In view of the precarious social condition of these individuals, the need for human rights protections in this context is particularly urgent, but the interests of states in territorial sovereignty are also at stake. The International Convention seeks to accommodate these competing concerns by providing human rights protections to undocumented migrants which are substantial but less extensive than those provided to documented migrants, and through ensuring states’ continuing authority in the spheres of immigration control and national “membership policy.” The article concludes that, despite the unmistakable normative value of many of the Convention's protective provisions, the Convention's ability to substantially ameliorate the human rights situation of irregular migrants is significantly constrained by its overriding commitment to the norms and structures of sovereign statehood. [W]hile the international legal protection afforded to aliens is on [the] one hand an inchoate expression of human similarities which cannot be denied, it is simultaneously an expression of national differences which are equally beyond question. (Morgan, 1988:142)

scholarly journals The Triangle that could Square the Circle? The Un International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Eu and the Universal Periodic Review

2015 ◽  
Vol 17 (1) ◽  
pp. 39-69 ◽  
Author(s):  
Alan Desmond
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Periodic Review ◽  
International Human Rights ◽  
Member States ◽  
International Convention ◽  
Universal Periodic Review ◽  
Raising Awareness ◽  
International Human ◽  
The Eu

Even before it had been fully drafted, the un International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families was blighted by a debilitating lack of support from States. Described by one of the participants in the drafting process as the un’s best-kept secret, it remains the least popular of the ten core international human rights instruments and has not been signed or ratified by any of the 28 eu Member States. This article is the first substantive examination of the Convention in the context of the un’s universal periodic review. It suggests that the universal periodic review may give the kiss of eu life to the Convention by raising awareness of it, re-energising civil society to more actively advocate for its ratification and forcing Member States to once again justify non-ratification.

scholarly journals IMPLICATION OF PRINCIPLES IN THE INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES IN LAW NO. 18 OF 2017 IN AN EFFORT TO PROTECT INDONESIAN MIGRANT WORKERS ABROAD

2020 ◽  
Vol 1 (2) ◽  
pp. 85-93
Author(s):  
Muhammad Iqbal ◽  
Fifik Wiryani
Keyword(s):  
United States ◽  
New York ◽  
Labor Force ◽  
Migrant Workers ◽  
Human Values ◽  
International Agreement ◽  
Employment Opportunities ◽  
International Convention ◽  
Legal Norms

The imbalance between the number of labor force and the number of jobs makes employment opportunities abroad one of solution to reduce unemployment. Indonesia has established regulations relating to the placement of Indonesian Migrant Workers  through Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers. Meanwhile, long before the formation of this law, an international agreement was made regarding the protection of migrant workers and their families through the International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families which was initiated on 18 December 1990 in New York, United States. In this research, an assessment of Law no. 18 of 2017 concerning the Protection of Indonesian Migrant Workers against compliance with the principles contained in the International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families was carried out. From the research, it is found that the Convention has been able to influence the legal norms in Law no. 18 of 2017 with the strengthening of human values through the principles and the existence of Indonesian Migrant Workers rights which do not only regulate Indonesian Migrant Workers themselves  but also related to their family rights. 

scholarly journals PENGATURAN DAN PERLINDUNGAN HUKUM TENAGA KERJA MIGRAN LINTAS NEGARA DALAM PERSPEKTIF HUKUM INTERNASIONAL

2020 ◽  
Vol 8 (8) ◽  
pp. 1275
Author(s):  
Josep Robert Khuana
Keyword(s):  
New York ◽  
Human Trafficking ◽  
Migrant Workers ◽  
Research Method ◽  
Legal Protection ◽  
Foreign Workers ◽  
International Labor Organization ◽  
Trafficking In Persons ◽  
International Convention ◽  
Women And Children

Tujuan dari penelitian ini untuk mengetahui dan menganalisis perlindungan hukum bagi tenaga kerja WNI yang bekerja di luar negeri perspektif hukum nasional dan hukum internasional. Metode penelitian yang digunakan adalah metode penelitian hukum normatif, dengan menggunakan pendekatan perundang-undangan dan pendekatan kasus, norma-norma hukum/kaidah-kaidah yang berkaitan dengan permasalahan hukum yang dibahas, dilengkapi dengan kasus-kasus yang terjadi saat ini. Adapun hasil yang diperoleh dari penelitian ini adalah perdagangan manusia merupakan isu Hak Asasi Manusia dalam masyarakat intemasional yang berkembang dengan fokus permasalahan prostitusi yang melibatkan perempuan dan anak-anak, seiring dengan berjalannya waktu, perkembangan jaman serta meningkatnya permintaan, perdagangan manusia tidak lagi berpusat dalam bidang prostitusi, tetapi juga digunakan dalam bentuk praktek-praktek kerja paksa, perbudakan serta penjualan/pemindahan organ-organ tubuh. Dalam upaya mengatur perlindungan buruh migran, majelis umum PBB melalui Resolusi No. 45/158 di New York pada 18 Desember 1990 membuat payung hukum dengan mengeluarkan International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Dalam upaya pelaksanaan perlindungan hukum terhadap tenaga kerja migran, PBB melalui International Labour Organization (ILO) mengeluarkan konvensi-konvensi yang berkaitan dengan perlindungan buruh migran. Upaya menanggulangi maraknya kasus perdagangan manusia yang tak lepas kaitannya dalam upaya perlindungan buruh migran Indonesia berkomitmen untuk melaksanakan Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children dan menerbitkan Undang-Undang Nomor 21 Tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang (UU PTPPO). The purpose of this study is to find out and analyze the legal protection of Indonesian citizens working abroad from the perspective of national and international law. The research method used is a normative legal research method, using legal approaches and case approaches based on laws and regulations, norms of law / rules relating to legal issues discussed, are equipped with cases which is happening now.The results obtained from this research, human trafficking is a Human Rights issue in the evolving international community with the focus of prostitution issues involving women and children, as time goes on, the times of development and increased demand, human trafficking is no longer centered in the field prostitution, but also used in the form of forced labor, slavery and sale /removal of organs. In an effort to protect the protection of foreign workers, the UN General Assembly through Resolution No. 45/158 in New York on 18 December 1990 made a legal umbrella by issuing the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. In an effort to implement legal protection against foreign workforce, the United Nations through the International Labor Organization (ILO) issues conventions related to the protection of foreign workers. The efforts address the widespread human trafficking case in Indonesian migrant workers' protection is committed to implementing Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and to issue Law Number 21 Year 2007 on the Eradication of Trafficking in Persons.

scholarly journals Sustaining transnational activism between Indonesia and Hong Kong

2020 ◽  
Vol 29 (1) ◽  
pp. 12-29
Author(s):  
Ezka Amalia
Keyword(s):  
Hong Kong ◽  
Civil Rights ◽  
United Nations ◽  
Migrant Workers ◽  
Migrant Labor ◽  
Transnational Activism ◽  
International Convention ◽  
Cross Border ◽  
The Relationship ◽  
Cross Border Cooperation

This article explores the relationship between Migrant CARE, a migrant labor NGO in Indonesia, and the Indonesian Migrant Workers Union in Hong Kong and their potential to advocate for better protection of migrant workers’ rights by the Indonesian government. Indonesia’s transition into democracy, Hong Kong’s promotion of civil rights and the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Their Families provide opportunities for advocacy activism for Indonesian migrant workers and the possibility of cross-border cooperation of organizations in these two places. Previous studies show cross-border linkages of activism between Indonesia and Hong Kong but they do not pay attention to the factors that could promote sustaining the network. This article shows that both organizations have different strategies, alliance formations and ideologies in their activism. The differences between these organizations weaken their advocacy.

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