report Migration in the Caribbean

Human Rights Review, 2012

Global Society, 2009

4 By State it is here meant the State in a democratic society, that is, the State which respects and ensures respect for human rights, is turned to the common good, and the public powers of which, separated, abide by the Constitution and the rule of law, with effective procedural guarantees of human rights and fundamental freedoms. uprootedness And the proteCtion of migrAnts in the internAtionAl lAw of humAn rights revistA BrAsileirA de polítiCA internACionAl 139 Paradoxically, the expansion of "globalization" has been accompanied pari passu by the erosion of the capacity of the States to protect the economic, social and cultural rights of the persons under their jurisdictions; hence the growing needs of protection of refugees, displaced persons and migrants, in this first decade of the XXIst. century, -what requires solidarity at universal scale 5 . This great paradox appears rather tragic, bearing in mind the considerable advances in science and technology in the last decades, which, nevertheless, have not been able to reduce or erradicate human egoism 6 . Tragically, the material progress of some has been accompanied by the closing of frontiers to human beings and the appearance of new and cruel forms of human servitude (clandestine traffic of persons, forced prostitution, labour exploitation, among others), of which undocumented migrants are often victims 7 . The increasing controls and current hardships imposed upon migrants have led some to behold and characterize a contemporary situation of "crisis" of the right of asylum 8 . Migrations and forced displacements, increased and intensified from the nineties onwards 9 , have been characterized particularly by the disparities in the conditions of life between the country of origin and that of destination of migrants. Their causes are multiple, namely: economic collapse and unemployment, collapse in public services (education, health, among others), natural disasters, armed conflicts generating fluxes of refugees and displaced persons, repression and persecution, systematic violations of human rights, ethnic rivalries and xenophobia, violence of distinct forms 10 . In recent years, the so-called "flexibility" in labour 5 S. Ogata, Challenges of Refugee Protection

Migrant rights were put squarely on the agenda of the Global Forum on Migration and Development when it met in Manila in 2008, as the principal theme of the governmental and civil society discussions. The Forum proceeded with the assumption that migrant rights are a development issue, as well as a fundamental human rights issue. This article begins with a review of the normative framework for protecting migrant rights. While norms by themselves will not prevent abuses, they can serve as a basis for advocating implementation of policies and programs to achieve these goals. We argue that there is ample international law setting out the basic rights of migrants even though the principal migrant-centric instruments are not widely ratified. Failures in protecting migrant rights arise from the lack of implementation of these standards at the national level. The article then discusses a range of programs, mostly implemented by or in destination countries, which hold potential for overcoming barriers to the protection of the rights of migrants. These practical steps can be found in a wide array of countries, most of which have not become party to the Migrant Workers Convention. The article concludes that these initiatives have been implemented in an ad hoc manner, necessitating a more systematic approach at the national level to the protection of migrant rights.

Nordic Journal of International Law, 2014

The UN Convention on Migrant Workers' Rights is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and entered into force in 2003, it sets a standard in terms of access to human rights for migrants. However, it suffers from a marked indifference: only forty states have ratified it and no major immigration country has done so. This highlights how migrants remain forgotten in terms of access to rights. Even though their labour is essential in the world economy, the non-economic aspect of migrationand especially migrants' rightsremain a neglected dimension of globalisation. This volume provides in-depth information on the Convention and on the reasons behind states' reluctance towards its ratification. It brings together researchers, international civil servants and NGO members and relies upon an interdisciplinary perspective that includes not only law, but also sociology and political science. ryszard cholewinski was a reader in Law at the University of Leicester from 1992 to 2005. He now works at the International Organization for Migration. paul de guchteneire is Chief of the International Migration and Multicultural Policies Section at UNESCO and director of the International Journal on Multicultural Societies.

Migration Information Source, March, 2005

International Migration Review, 2010

International Migration Law: "The illegality of the migration itself can produce a source of exclusion, denying migrants access to certain state resources and discursively positioning the migrant as a foreign entity that does not belong." Discuss, 2022

This paper advances the argument that not only does the illegality of the migration produce defensive border mechanisms through alienation, externalisation and securitisation; it affects migrants already within the territory. The first section will look at what is meant by the illegality of the migration in conjunction with exclusion. The second section with look at the build up of the Freedom of Movement throughout history and how an initial focus on preserving human rights gradually shifted to the prioritisation of territorial integrity in the Global North. Since International Migration Law (IML) comprises of several International, Regional and Human Rights treaties, I will draw from several conventions to assess how they inadvertently contribute to the illegality of the migration. The final section will use the UK as a case study as part of an attempt to elucidate how the Global North is responsible for constructing illegality through containment policies.

The Rights of Migrant Workers under International Law: An Appraisal , 2024

The subject of migration and development is often treated in the context of the contribution to the process of labour, that migration and migrants can make to the development of countries of origin. The growing pace of economic globalization has created more migrant workers than ever before. Millions of people who are earning their living or are looking for paid employment, are not nationals of the State they reside. Migrant workers often have no protection or safety and are vulnerable to discrimination, poverty, and social and cultural handicaps. This has necessitated the adoption of some important international and regional standards concerning migrant workers. The vital question however is, to what extent do international and regional legal frameworks effectively protect the rights of migrant workers and their families? It is therefore pertinent to assess the efficacy of existing international and regional legal instruments such as the International Labour Organization Conventions and the International Convention on the Rights of Migrant Workers among others, comparing them with national laws in Nigeria, and identifying areas for improvement in protecting the rights of migrant workers and their families. The research findings reveal significant gaps and challenges in ensuring the effective protection of rights of migrant workers under international law, highlighting the need for enhanced enforcement mechanisms and broader ratification of relevant instruments. The paper recommends that action be taken to develop and promote objective information to the national governments and the general public on the content of the ICRMW, particularly concerning the aim of the Convention to effectively manage migration by respecting and protecting migrants' rights, but also preventing irregular movements of migrants and respecting the right of each State to regulate their migration policies.