Migrants' rights: standards and mechanisms
Migrants' rights: specific international and regional standards and mechanisms (commentaries)
|Title:|| ||Migration, Human Rights and Governance - Handbook for Parliamentarians
|Date of publication:|| ||November 2015|
"Millions of people are on the move. The world’s policymakers and political leaders
face the complex challenge of ensuring that migration takes place in ways that are fair,
mutually beneficial and respectful of human rights.
There is no shortage of laws and policies on migration. Some measures recognize
the positive contribution of migrants and migration to economic welfare, to national
prosperity and to development. However, other measures react to migration
and to migrants as threatening phenomena. These measures can have negative
consequences, including violations of the human rights of migrants and their families.
Parliamentarians have a critical role to play to ensure a meaningful, balanced and
informed response to migration. They are first of all responsible for adopting adequate
laws on migration to give effect to international obligations entered into by the state
under the international treaty framework, in particular with respect to human rights
norms and labour standards. Parliamentarians, as well as governments, can and should
promote fair and effective policies in order to maximize the benefits of migration while
addressing the real challenges that host, transit and origin countries and migrants face.
The Inter-Parliamentary Union, the International Labour Office and the Office of
the United Nations High Commissioner for Human Rights, according to their
respective mandates, have decided to produce this information tool that should help
parliamentarians to achieve the above objective.
The handbook offers responses to fundamental questions on migration, such as those
concerned with its root causes and possible responses in terms of good policies and
practices, as well as the challenges, both for migrants and for countries, in relation
to national well-being, development and social cohesion. The handbook proposes a
balanced approach to make effective laws and policies that address the human rights
of migrants and the governance of migration.
The handbook reflects the long experience of our three cooperating organizations and
our constituents worldwide. It contains examples of measures and practices relating
to migration that have worked successfully. It is intended to be useful not only for
parliamentarians, but also for government officials and civil servants as well as for
social partners and civil society. The ultimate objective of this Handbook is to promote
fair and rights-based migration policies, aligned with international norms and standards,
in the interest of all migrants as well as host, transit and origin countries." - Martin Chungong, Secretary General
Zeid Ra’ad Al Hussein
for Human Rights...
|Source/publisher:|| ||Inter-Parliamentary Union (IPU) - Handbook for Parliamentarians N° 24|
|Format/size:|| ||pdf ( 2MB-reduced version; 2.7MB-original|
|Alternate URLs:|| ||http://www.ipu.org/PDF/publications/migration-en.pdf|
|Date of entry/update:|| ||05 November 2015|
|Title:|| ||A Clouded Vision
|Date of publication:|| ||May 2008|
|Description/subject:|| ||Critics dismiss Asean plan for free movement of labor...
"DESPITE the high-minded ideals of the Asean Vision 2020 plan launched more than a decade ago by the Association of Southeast Asian Nations (Asean), cynics continue to dismiss its aim of labor mobility in a “community of caring societies” as just so much humbug.
A Declaration on the Protection and Promotion of the Rights of Migrant Workers, signed by Asean leaders in January 2007, “mandates Asean countries to promote fair and appropriate employment protection, payment of wages and adequate access to decent working and living conditions for migrant workers.”
A migrant worker holds his document during a raid by Malaysian civilian volunteers and immigration officers on a construction site in Kuala Lumpur in 2005. (Photo: AP)
In reality, the millions of desperate migrants who hope to escape poverty and repression in their home countries, including Burma, by migrating to Thailand and Malaysia find anything but these conditions..."|
|Author/creator:|| ||William Boot|
|Source/publisher:|| ||"The Irrawaddy" Vol. 16, No. 5|
|Date of entry/update:|| ||01 May 2008|
|Title:|| ||The Mekong Challenge - Employment and Protection of Migrant Workers in Thailand: National Laws/Practices versus International Labour Standards?
|Date of publication:|| ||2005|
|Description/subject:|| ||Thai university professor and international law expert, Vitit Muntarbhorn, looks at the application of labour standards as they relate to migrant workers in Thailand. Professor Vitit concludes with a series of 12 recommendations for both government and non-government sectors. This publication also contains copies of all six sub-regional, bilateral, MOUs on counter trafficking and employment cooperation...
"...Migrant workers can contribute greatly to their home and destination countries, if the process is well managed and
if they are protected from abuse and exploitation. In reality, the situation is rendered complex by that fact that many
do not enter the destination countries legally. In the market of demand and supply, regrettably many are victims of
human smuggling and trafficking. Moreover, influxes of migrant workers who come without the necessary documents,
such as visas and work permits, often result in draconian measures such as deportation from the territory of the
destination countries, without adequate guarantees for their safety and dignity.
The lesson from Thailand is that to date, a closed door policy on migration from neighbouring countries has not
worked, given the porous border and Thailand's own labour market which acts as a pull factor. Wisely the country is
now moving towards a new and more open door policy: managing migration through cooperation between the
countries of origin and Thailand as a destination country, and synchronizing with Thailand's own labour market. In
2005 the country introduced a regularization process based upon registration of migrant workers and their employers,
with guarantees for basic rights, and this needs to be supported well in terms of effective implementation and
humane treatment of all workers....CONTENTS: Foreword...
2. Employment/Protection of Migrant Workers in Thailand...
3. Thai Laws/Practices...
4. International Labour Standards...
5. National Laws/Practices and International Labour Standards...
|Author/creator:|| ||Vitit Muntarbhorn|
|Language:|| ||English, Thai|
|Source/publisher:|| ||International Labour Organisation|
|Format/size:|| ||pdf (563K)|
|Alternate URLs:|| ||http://www.ilo.org/public/english/region/asro/bangkok/child/trafficking/downloads/migrantworkers.pdf|
|Date of entry/update:|| ||03 May 2008|
Migrants' rights: relevant national legislation
|Title:|| ||Thailand's Child Protection Act of 2003 (Burmese)
|Date of publication:|| ||24 September 2003|
|Description/subject:|| ||Unofficial translation (by UNICEF)|
|Language:|| ||Burmese/ ျမန္မာဘာသာ|
|Source/publisher:|| ||Government of Thailand|
|Format/size:|| ||pdf (112K)|
|Date of entry/update:|| ||16 January 2013|
|Date of publication:|| ||1992|
|Source/publisher:|| ||“Nationality & Statelessness” Vol. II, IBHI Humanitarian Series, 1996|
|Date of entry/update:|| ||23 February 2005|
|Title:|| ||Thailand's Immigration Act 1979 (B.E. 2522)
|Date of publication:|| ||30 May 1979|
|Description/subject:|| ||Comment (by UNHCR): This is an unofficial translation. This Act was published in the Government Gazette Vol. 96, Part 28, Special Issue, p. 45, dated 1 March 1979. Translated and published on the website of the Royal Thai Police.|
|Format/size:|| ||pdf, html|
|Alternate URLs:|| ||http://www.unhcr.org/refworld/docid/46b2f9f42.html
|Date of entry/update:|| ||30 November 2008|
Migrants' rights: guides to the mechanisms
|Title:|| ||The UN Treaty Monitoring Bodies and Migrant Workers: a Samizdat
|Date of publication:|| ||November 2004|
|Description/subject:|| ||"Whether migrants fall so low so as to be below the guard of protection provided by the ensemble of international human rights treaties is the question at the heart of this research paper. There is a lack of public comprehensive research on whether governments extend the provisions of the international human rights treaties they have ratified to protect the human rights of migrants and not only the rights of their own nationals. To fill this gap, the International Catholic Migration Commission (ICMC) and December 18 vzw, with support from UNESCO, engaged in a research project to study country specific conclusions and recommendations issued by bodies of experts tasked with supervising the implementation of these conventions.
The research was carried out in Geneva between May and July 2004. The data compiled over the 10-week research period provides some useful initial pointers as to current practice and priorities in the six treaty monitoring bodies (TMB). While irregular migrants make news headlines and occupy centre stage in regional migration management consultative processes, TMB conclusions highlight the existing gap in ensuring non-discrimination and equal treatment with nationals for migrants and members of their families, as provided for in human rights treaties. Migration affects most countries today, yet only half of the TMB conclusions refer to migrant concerns.
This research is part of an on-going strategy to enable civil society and other stakeholders to make better use of international human rights treaties and conventions. In order to better protect the human rights of migrants, States parties need to be prompted to follow up the recommendations of treaty monitoring bodies. As the overall UN human rights treaty monitoring system is currently subject to review, this thematic pilot research provides a “horizontal” case-study across several treaty monitoring bodies which could be useful for United Nations, government and NGOs experts engaged in efforts to rationalize and streamline treaty monitoring and observance. This paper is also constructed so as to offer an additional perspective on migrants’ rights and UN human rights treaties for the newly formed Committee on Migrant Workers..."|
|Source/publisher:|| ||International Catholic MIgration Commission, December 18|
|Format/size:|| ||Word (292K)|
|Date of entry/update:|| ||28 May 2005|
|Title:|| ||The International Labour Organization: A Handbook for Minorities and Indigenous Peoples
|Date of publication:|| ||May 2002|
|Description/subject:|| ||"This Handbook gives an insider’s view of how the International Labour Organization (ILO) works. It explains how the ILO can be used by non-governmental organizations (NGOs) and others, to promote and protect minority and indigenous peoples’ rights. The Handbook provides an overview of the ILO’s structure, relevant committees and methods, in an accessible format. It offers practical advice, case studies and step-by-step guidance on working with the ILO; showing, for example, how NGOs can provide information to the ILO, how they can influence its agenda, and how they can work with bodies such as trade unions to further minority and indigenous peoples’ concerns. While this Handbook is aimed at minorities and indigenous peoples’ organizations, and other NGOs working to promote human rights, it will be of interest to anyone wishing to learn more about the ILO and its role in fighting discrimination and protecting rights..."|
|Source/publisher:|| ||Anti-Slavery International, Minority Rights Group International|
|Format/size:|| ||pdf (321K)|
|Date of entry/update:|| ||03 June 2003|