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

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.

Social and mental health risks faced by undocumented migrants during the COVID-19 pandemic: Evidence from three surveys in France

Background The often-precarious life circumstances of undocumented migrants are likely to heighten the detrimental impact of the COVID-19 pandemic on their lives. Given the paucity of research exploring how undocumented migrants are affected by the COVID-19 pandemic, we set out to explore the association between being an undocumented migrant and a range of social and mental health measures. Methods Our study draws on three complementary surveys conducted among migrants in France between April 1st and June 7th 2020 (APART TOGETHER, MAKASI, ECHO; n = 716). We tested associations between eight outcome measures, covering health literacy, prevention behaviours, perceptions of government responses, livelihoods and mental health (PHQ-9 score), and the participants' legal status as either undocumented or documented. We modelled the probability of food insecurity increase, job loss, depression, and responses to SARS-COV-2 symptoms with logistic regression models, adjusted for age, gender and legal status. Results Undocumented migrants had a higher probability of experiencing food insecurity increase (aORs=10.40 [3.59, 30.16], and 2.19 [1.39, 3.50] in APART TOGETHER and ECHO), a higher probability of depression (aOR=2.65 [1.01, 6.97] in MAKASI). In all three surveys, undocumented migrants were more likely to lose their job (aORs=6.51 [1.18, 36.00], 8.36 [1.08, 64.70] and 3.96 [1.79, 9.16] in APART TOGETHER, MAKASI and ECHO respectively). Conclusion Our results suggest that the lives of undocumented migrants have been dramatically worsened by the COVID-19 pandemic, exposing and amplifying the inequalities facing this group. There is an urgent need for action to address these inequalities.

The well-being of newly regularized migrant workers: Determinants of their satisfaction with life as compared to undocumented migrant workers and regular local residents

Subjective assessments of well-being are becoming routine indicators, considering that material resources are insufficient to capture people’s satisfaction with life. Examining the unique situation of undocumented migrant workers, driven by aspirations for a better life but constrained by their limited rights in the country of destination, we assess their satisfaction with life and the factors that matter in their evaluations. Data were collected in Geneva (Switzerland), in a study comparing those who have just received a residency permit or about to obtaining it after submitting a regularization request (n = 195) with those who were still undocumented and/or had not submitted a regularization request at the time of our study (n = 231). In addition, comparisons were made with a sample of regular local residents (n = 175). Data obtained through standardized questionnaires include a range of material and non-material determinants, some unique to migrants and others common to the three populations. Satisfaction with life is significantly lower among undocumented migrant workers while those who are regularized and regular local residents report similar levels of well-being. Social participation, self-reported health and discrimination are associated to satisfaction with life among undocumented migrant workers. Among those being regularized, having been longer in the country of destination is associated with lower well-being. Among regular local residents, the only significant factor for a better satisfaction with life is having a partner. Material determinants, while distributed in vastly different levels, do not influence satisfaction with life. Despite the high satisfaction expressed by those who have recently been regularized, policy intervention still have to pay attention to their persisting difficult socioeconomic circumstances amidst a context of overall affluence.

Migrant Struggles in South Korea and Elsewhere

Bidduth, Syed, and Samar were dishonorably deported from South Korea about fifteen years ago while they were protesting for the rights of undocumented migrant workers. Since returning to their home countries, Bangladesh and Nepal, they have been practicing modes of solidarity that they learned during the years of struggle. Still, We Are Migrant Workers is a documentary film made to record their personal history, will, and current political projects. This is an interview about the historical background of labor migration in Korea, the struggles of the characters in the film, and the alternatives they have been pursuing in the wake of their deportations.

Undocumented Migrant Communities in Cities: Negotiating Legal and Legitimate Status from Below

This paper examines the literature on cities, citizenship and performative rights claiming through the lens of undocumented migrant status, using ethnographic research of the Nigerian community in the city of Guangzhou, China as an example. It begins with a background of the research, delineating the context of migration in China and the factors shaping the perceptions of citizenship and undocumented status in that locale. Next, it delves into the literature on citizenship and rights claiming, looking at the approaches to citizenship and tries to situate undocumented migrant status in these approaches. It then relies on examples for the city of Guangzhou to illustrate how undocumented migrant communities perform citizenship and negotiate legal and legitimate status through alternative channels and resist hegemonic structures in big cities in real life. This paper unpacks the ways in which undocumented migrants exhibit citizenship, belonging and agency from below to demonstrate the different meanings and manifestations of agency, marginality and asymmetries of power in big cities in the Global South.

Undocumented Migrant Communities in Cities: Negotiating Legal and Legitimate Status from Below

This paper examines the literature on cities, citizenship and performative rights claiming through the lens of undocumented migrant status, using ethnographic research of the Nigerian community in the city of Guangzhou, China as an example. It begins with a background of the research, delineating the context of migration in China and the factors shaping the perceptions of citizenship and undocumented status in that locale. Next, it delves into the literature on citizenship and rights claiming, looking at the approaches to citizenship and tries to situate undocumented migrant status in these approaches. It then relies on examples for the city of Guangzhou to illustrate how undocumented migrant communities perform citizenship and negotiate legal and legitimate status through alternative channels and resist hegemonic structures in big cities in real life. This paper unpacks the ways in which undocumented migrants exhibit citizenship, belonging and agency from below to demonstrate the different meanings and manifestations of agency, marginality and asymmetries of power in big cities in the Global South.