25 International Conventions and Standards Dealing with Migrant Rights

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LEARNING OUTCOMES

  • Help learners to get an overview of the international legal framework on the issues of migration and the rights of the migrants.
  • Help learners to understand the human rights issues in backdrop of the formulation of international legal frame work and the challenges in implementing the same.

2. INTRODUCTION

Human rights violations against migrants within and outside the country where he/she is residing are often closely linked to human rights and discriminatory laws. The international human rights instruments and standards provide a broad framework for the protection of fundamental human rights and freedoms of all human beings, including migrants. The Office of the High Commissioner for Human Rights (OHCHR) helps ensure compliance of migration policies, legislation with international human rights standards, with the support from other human rights mechanisms. The Human rights mechanism clearly states that all countries have the sovereign right to determine the entry and stay in their respective territories under its laws but also have the obligation to respect and protect the human rights of all individuals under its control.

The international framework for the rights of the migrants includes instruments pertaining to the human rights of migrants as well as specific rights for the migrant workers under various conventions, declarations and through protocols. These instruments need to be ratified by the member States. While some human rights treaties have addressed specific aspects of the migration process and help to further clarify the human rights of the migrants though conventions and protocols for protection.

A number of international instruments exist for the regulation of international migration as well as migrant workers. The International Labour Organisation (ILO) has come out with a comprehensive solution to the problems faced by the migrant workers via three conventions. Additionally other conventions too are applicable to the migrants in general. The following table gives the complete details.

3. INTERNATIONAL CONVENTIONS, DECLARATIONS AND PROTOCOLS RELATING TO RIGHTS OF THE MIGRANTS

 

Apart from the above conventions and declarations commitments have also been made to ensure the realization of human rights of migrants by the Countries at the international conferences such as the World Conference on Human Rights in Vienna, the International Conference on Population and Development in Cairo, the World Summit for Social Development in Copenhagen, and the World Conference on Women in Beijing. The following table will give a brief of each of the conferences which have created opportunities for the Countries to adopt them in order to protect the right of the migrants.

4. IMPORTANCE AND CHALLENGES OF INTERNATIONAL LEGAL FRAMEWORK IN PROTECTING THE RIGHTS OF THE MIGRANTS

There is growing consensus that a well-regulated and more comprehensive legal framework for managing international and internal migration would be in the best interest of both States and migrants only when the States are able to adopt the conventions adopted to protect the rights of the migrants. In fact, to be sustainable, international laws through conventions, declarations and protocols have wide range of issues which has to be address by the States, which includes

Legal channels for migration of persons seeking work opportunities within and outside the country Protecting the rights of migrants and their families, including those who have been trafficked must be taken care by the States through the cooperation with other countries. Not many States have adopted the important conventions which are necessary for them to regulate and protect the right of the migrants.

Protection of refugees and durable solutions to refugee problems have still not been resolved in many countries like India which deprives the rights of the migrants.

Prevention and prosecution of human trafficking which happens through illegal migration from one country to another.

Issues concerning return, readmission and reintegration of migrants who do not have or no longer have authorization to remain in a destination country where he/she has migrated to must be looked into and create avenues for international cooperation in managing the flows of migrants.

International conventions and declarations have created avenues to the countries to evolve strong national legal framework to look into issues that have been pointed out, since the States have the power and responsibility to manage movements of people within and outside their borders, their cooperation is essential. Migration has greatly increased in recent years, bringing into question whether current legislations by the respective States provide sufficient protections for migrants for their well-being, and at what cost.

International framework provides some solution to the problem that is highlighted. It is to note not many countries have adopted the conventions and even though problems of the migrants are increasing day by day. It is important to note countries receiving migrants such as Australia, the Arab states, India have also not ratified the conventions that are required to safeguard the rights of the migrants.

Even though there has been development at the international forum to protect the right of the migrants there are fundamental disagreements among States as to causes and consequences of migration and the extent to which it is in the interests of States to expand or restrict flows of migrants into their respective boundaries.

5. SUMMARY

This module helps you to understand the responsibility taken by the international institutions in protecting and upholding the rights of the migrants as well consolidating issues and concerns through progressive conventions, declarations, protocols and treaties which has become a model for the States to adopt them nationally in the best interest of the migrants. We have also learnt that ratification of th Conventions relating to migrant rights is disappointing, it is however been useful compilation which has become a model for the States to draw points to frame legislations to protect the right of the migrants. The module teaches us how the international instruments have become a starting point for the development of a well-regulated international system in taking care of varied issues relating to migration.

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Reference

  • Convention on the Elimination of All Forms of Discrimination Against Women, 1979
  • Convention Against Torture and Other Cruel Inhuman and Degrading Treatment or Punishment, 1984
  • Convention on the Rights of the Child, 1989
  • Declaration on the Human Rights of Individuals who are not nationals of the country in which they live, 1985
  • ILO Convention concerning Migration for Employment, 1949
  • ILO Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Supplementary Provisions), 1975
  • International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990
  • ILO Convention concerning Decent Work for Domestic Workers, 2011
  • ILO Convention concerning Migration for Employment, 1949
  • ILO Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Supplementary Provisions), 1975
  • ILO Convention concerning Decent Work for Domestic Workers, 2011
  • International Convention on the Elimination of All Forms of Racial Discrimination, 1966
  • International Covenant on Civil and Political Right, 1966
  • International Covenant on Economic, Social, and Cultural Rights, 1966
  • International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990
  • Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 2000
  • Protocol against the Smuggling of Migrants by Land, Sea and Air, 2000
  • Vittin-Balima, Cécile, Migrant workers: The ILO standards, International Labour Standards and Labour Legislation, ILO Office in Harare.
  • International labour standards on labour migration, ILO: http://www.ilo.org/global/topics/labour-migration/standards/lang–en/index.htm
  • United Nations Global Migration Database, United Nations Population Division of the Department of Economic and Social Affairs, UN, http://esa.un.org/unmigration/
  • Naujoks ,Daniel: Emigration, Immigration, and Diaspora Relations in India, October 15, 2009 http://www.migrationpolicy.org/article/emigration-immigration-and-diaspora-relations-india