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

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.

scholarly journals International protection of the fundamental rights and freedoms of irregular migrants

2020 ◽  
pp. 8-32
Author(s):  
Muhammad Ahmad Issa ◽  
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Fundamental Rights ◽  
International Protection ◽  
International Convention ◽  
Irregular Migrants ◽  
Protection Of Human Rights ◽  
Fundamental Rights And Freedoms ◽  
International Experts ◽  
International Conventions

The situation of the migrants particularly irregular migrants is closely related to the respect for human rights, as long as migration is a social phenomenon with a human dimension. The question of international protection was therefore before the international community, which recommended the formulation of legal solutions to the issue of migrants wherever they may be, considering their rights primarily a humanitarian issue, with a view to the rehabilitation of this group, which is deprived of the enjoyment of the most important human rights. This trend was embodied in the conclusion of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their families on December 18, 1990, under the auspices of the United Nations, and was the culmination of a 12-year effort by a group of international experts. There are many international mechanisms for the protection of irregular migrants, including those relating to general international conventions for the protection of human rights, the Special Rapporteur of the Human Rights Council on the rights of migrants, and the Com- .mittee on the Protection of the Rights of Migrant Workers and Members of Their Families

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

Yuridika ◽  
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.

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.

‘Handle with Care’ in StrasbourgThe Effective Access of Vulnerable Undocumented Migrants to Minimum Socio-economic Rights

2021 ◽  
pp. 138-156
Author(s):  
Francesca Ippolito ◽  
Carmen Pérez González
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Undocumented Migrants ◽  
Minimum Standard ◽  
Economic Rights ◽  
Irregular Migrants ◽  
Labour Exploitation ◽  
European Court ◽  
Global Understanding ◽  
Definition Of

This chapter aims to analyse how the European Court of Human Rights (ECtHR) has developed the protection of certain socio-economic rights of irregular migrants contributing to the consolidation of a minimum standard in this field. In particular, this chapter focuses on Strasbourg case law developments regarding rights to adequate housing, health care, and education, along with protection against labour exploitation and trafficking with the purpose of labour exploitation. Relevant contributions from other human rights bodies, particularly the European Committee of Social Rights (ECSR), will be also considered in order to conclude whether we can affirm the existence of a minimum core protections in this regard. The chapter concludes that international courts and non-judicial mechanisms are contributing to the definition of a shared global understanding of the centrality of human dignity in the quest to protect fundamental rights.

Creation, Institutionalization, and Development of Public and Confidential Special Procedures

2020 ◽  
pp. 7-34
Author(s):  
Elvira Domínguez-Redondo
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Ad Hoc ◽  
Positive Outcome ◽  
Change Of Direction ◽  
Peace And Security ◽  
History Of ◽  
Fact Finding ◽  
Key Events ◽  
Political Realities

The history of how Special Procedures were first envisaged, considered, mooted, negotiated, and created impacted the evolution of the internationalization of human rights under the auspices of the UN Commission on Human Rights. The trajectory of these mechanisms provides key insights into both the overall direction and the conduct of politics concerning not only human rights but also development and issues concerned with peace and security at the United Nations. They correspondingly serve as a backdrop to many contemporary global concerns in how they are articulated, defended, and responded to by multilateral organizations. This chapter outlines the key events leading to the birth of the first public and confidential Special Procedures as a positive outcome of what was a highly politicized process. The first section explains the rationale underpinning the polar change of direction of the Commission on Human Rights, from a position where it initially denied its own competence to address human rights violations, to its decision to create subsidiary fact-finding bodies with exactly such purpose. The ad hoc nature of their establishment—from which their derive their denomination as “Special”—against political realities of the time led to a non-linear history that explains many of their current features.

Transnational legal sites and democracy-building

2013 ◽  
Vol 39 (4-5) ◽  
pp. 471-486
Author(s):  
Seyla Benhabib
Keyword(s):  
Human Rights ◽  
Intellectual History ◽  
Fundamental Rights ◽  
International Human Rights ◽  
Uniform System ◽  
The Past ◽  
European Court ◽  
Human Rights Regime ◽  
History Of ◽  
Democracy Building

Until recently the term ‘cosmopolitanism’ was a forgotten concept in the intellectual history of the 18th and 19th centuries. The last two decades have seen a remarkable revival of interest in cosmopolitanism across a wide variety of fields. This article contends that legal developments since the 1948 Declaration of Human Rights and the rise of an ‘international human rights regime’ are at the forefront of a new cosmopolitanism. Yet there is a great deal of skepticism toward such claims on the part of those who maintain that democracy and human rights are best furthered by the nation-state framework. Still others confuse legal cosmopolitanism with the spread of a uniform system of rights across different national jurisdictions. In several writings in the past, I developed the concept of ‘democratic iterations’ to argue against such skepticism as well as misunderstandings of legal cosmopolitanism. In this article, I show how democratic iterations unfold across transnational legal sites, which encompass various national jurisdictions and through which contentious dialogues on the application and interpretation of such fundamental rights as ‘freedom of religion’ in different jurisdictions can emerge. To document such processes I focus on the Leyla Sahin v. Turkey case which was adjudicated by the European Court of Human Rights in 2005.

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 The Aftermath of the Mare Nostrum Policy Quandary on Migration in Italy

2019 ◽  
Vol 3 (1) ◽  
pp. 105
Author(s):  
Hamza Fadil ◽  
Shen Yi
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
Prime Minister ◽  
Political Agenda ◽  
Irregular Migrants ◽  
Fertile Ground ◽  
The Mediterranean ◽  
And Migration ◽  
Irregular Migrant ◽  
The Arab Spring

Italy is the destination for migration and Libya is the main gateway for sending migrants by sea. Political instability in Libya due to the Arab Spring became fertile ground for smugglers to send thousands of irregular migrants from mainland Africa across the Mediterranean to Europe. The number of irregular migrants who come to cause problems for Italy. Italy is a country that is quite focused on resolving irregular migrant problems, but regulations regarding migrants are still said to be unsuccessful given the growing number of migrants. Migrants who arrive are often referred to as "Marocchini" or Moroccans. This research uses the concept of norms in constructivism. Norms have standards of behavior that contain prohibitions and recommendations of action. After the cessation of Operation Mare Nostrum, Italy continued to show consistency in complying with the laws of the sea and human rights, by continuing to carry out surveillance and rescue at sea. This was reinforced by the statement of the Italian Prime Minister, Matteo Renzi who was committed to making the problem in the Mediterranean a focus of foreign policy and migration became an important political agenda.

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