Statelessness, Human Rights and Gender: Irregular Migrant Workers from Burma in Thailand. By Tang Lay Lee. Leiden; Boston: Martinus Nijhoff Publishers, 2005. Pp. xi, 285. ISBN 90-04-14648-2. €95.00; US$136.00.

This article provides a focused review of the history of seasonal and “foreign” farm labour migration in Canada, and in particular the Canadian Seasonal Agricultural Workers Program (SAWP). It underscores how Mexican migrant workers in particular have been portrayed in Canadian narrative discourses, drawn primarily from political and journalistic sources in Canada in the postwar period. Extended to Mexico in 1974, the SAWP has a longer history of managed agricultural migration in Canada that is also introduced. The article discusses leitmotifs linked to the history of temporary migration between Mexico and Canada: the fundamental place of family and gender relations; the trope of the male migrant as “breadwinner” (despite the later emergence of women migrants in the program); Mexican officials based in Canada and their role in mitigating labour disputes and unionization efforts among the seasonal migrant class in Canada; and the subjective, “subaltern” stories of migrant workers uncovered through an oral history case study carried out in British Columbia and Manitoba from 2012–2015. It introduces other thematic problems including exclusion/invisibility, human rights, patterns of remuneration, and “complementarity” in farm work, in a context of prior reliance upon the managed internal migration of First Nations’ harvest workers in both Ontario’s and Manitoba’s agricultural sectors.

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PERLINDUNGAN HUKUM BAGI IRREGULAR MIGRANT WORKERS INDONESIA DI KAWASAN ASIA TENGGARA (DALAM PERSPEKTIF HUKUM HAM INTERNASIONAL)

Yuridika ◽

10.20473/ydk.v32i2.4773 ◽

2017 ◽

Vol 32 (2) ◽

pp. 308

Author(s):

Riri Anggriani

Keyword(s):

Human Rights ◽

Southeast Asia ◽

Migrant Workers ◽

Human Life ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

Irregular Migrants ◽

International Human ◽

Irregular Migrant

The development of globalization that occurred has considerable impact for human life and for countries in Southeast Asia. One is the movement of people from one country to another, especially concerning the problem of economic migrants seeking employment or working in a country where they work especially irregular migrant workers. These irregular migrants are vulnerable to violations of their human rights. The issue is how the protection of the law is provided by the country of origin through Indonesian national law in countries that are the destination of Indonesian migrant workers in the Southeast Asian Region through the perspective of international human rights law. This research is legal research. The results of this study indicate that Indonesian migrant workers with the status of irregular migrant workers are workers who also have the same rights as other migrant workers or other citizens so that countries (especially countries in Southeast Asia) have an obligation to acknowledge and Protect them wherever they may be or under any circumstances they experience as contained in the provisions of international human rights law, especially in the Convention on the Protection of the Rights of All Migrant Workers and their Families (CMW), 1990.

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Stateless Persons, Refugees and Irregular Migrant Workers: Protection and Human Rights

10.1163/9789047408284_007 ◽

2005 ◽

pp. 79-113

Keyword(s):

Human Rights ◽

Migrant Workers ◽

Irregular Migrant

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Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEAN

Hasanuddin Law Review ◽

10.20956/halrev.v7i3.3066 ◽

2021 ◽

Vol 7 (3) ◽

pp. 150

Author(s):

Saidatul Nadia Abdul Aziz ◽

Salawati Mat Basir

Keyword(s):

Human Rights ◽

Migrant Workers ◽

Ad Hoc ◽

Fundamental Rights ◽

Undocumented Migrant ◽

International Convention ◽

Irregular Migrants ◽

History Of ◽

Laws And Policies ◽

Irregular Migrant

The International Convention on The Protection of The Rights of All Migrant Workers and Members of Their Families (ICMW) is the only Human Rights Convention that distinguishes between normal and irregular migrants in great detail. An analysis of the situation in Malaysia, based on feedback from relevant stakeholders, shows that there are insurmountable obstacles to ratification in relation to the ambiguous policy status for migrant workers, which is based on ad hoc policies. Malaysian legislation appears to be straightforward in its approach to labour migration policies, as it defines and categorises migrants into two distinct ‘categories': registered migrant (regular migrant) and undocumented migrant (irregular migrant), regardless of ability level. This article demonstrates that, despite the barriers and incompatibilities with national laws, the Convention, which is primarily a human rights instrument aimed at protecting the fundamental rights of all migrants, could assist Malaysia in ensuring a holistic and sustainable migration management that takes into account the needs of a whole approach and support from all parties involved, including but not limited to the Malaysian government. Part I of the article will go through the history of the convention's adoption, followed by Part II on the state of Malaysia's migration laws and policies, Part III on the compatibility and incompatibility of Malaysian laws with the ICMW and the position in ASEAN, and Part IV on recommendations.

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