VOLUME 2, 1993

Issue No. 2 - Human Rights of Migrant Workers

Hsiung, James C.
"Human Rights and International Relations: Morality, Law and Politics." Vol. 2 (2), p. 127-146, 1993.
In reassessing the evolution of the post-1945 human rights movement, the paper identifies three "waves" or genres of human rights, generally representing the divisions between the Western and non-Western nations on the subject. A number of serious problems are raised, such as "double standards" maintained by some countries concerning human rights. This is followed by an evaluation of the possible clash between two perspectives: (a)the Third World's advocacy of such collective economic rights as a developing nation's right to sustained development (with its attendant demand that the West has to pay for its past colonization); and (b) the West's obstinacy regarding the individuals' rights to be asserted against their governments. In the age of intensified complex interdependence, a growing feature is the interpenetration of the economies of nations. That by necessity makes the migrant workers an "interface" between rich and poor economies. As economic interdependence deepens, both labor-importing and labor sending countries have common stakes in the protection of the migrant workers.

Noriel, Carmelo C.
"Labor Rights in Selected Asian Countries." Vol. 2 (2), p. 147-160, 1993.
This article highlights the ILO concerns regarding the protection and promotion of the rights of migrant workers and the legal protection that they enjoy in selected Asian countries, particularly in the fields of working conditions and industrial relations. National situations and the latest trends and developments concerning labor rights are described for the ASEAN and South Asian countries including the Asian NICs. ILO's guiding principle is that migrant workers in foreign lands ought to be entitled to the protection and benefits of national laws and that the national laws, in turn, should be adequate to protect and promote the basic rights and welfare of all workers whether national or foreign. In particular, the article cites the limitations of national laws and their implementation as well as the latest progress made to reform or improve local legislation.

Nanda, Ved P.
"The Protection of the Rights of Migrant Workers: Unfinished Business." Vol. 2 (2), p. 161-178, 1993.
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.

Penna, L. Rao
"Some Salient Human Rights in the UN Convention on Migrant Workers." Vol. 2 (2), p. 179-189, 1993.
The United Nations, being aware of the exploitation of migrant workers particularly illegal immigrants, has adapted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1990. Human rights are grouped in two categories: rights available for all migrant workers including the non-documented (Part III) and rights only for documented workers (Part IV). Many of the rights in Part III are a reaffirmation of existing human rights in other international instruments in the specific context of migrant workers. The ingenuity of the Convention lies in the innovation of a large number of hitherto unknown rights like the right to recourse to consular or diplomatic protection, or the right to transfer funds, the right to information regarding working conditions, the right to equality with nationals in educational, social, and health services, as well as the right to exemptions from import and export duties. This paper examines the scope of some of the important human rights in the Convention. It also evaluates the efficacy of the Convention in safeguarding the migrant workers during armed conflicts such as the 1990 invasion of Kuwait by Iraq.

Dias, Clarence J.
"The Role of NGOs in the Protection and Promotion of Human Rights in Asia." Vol. 2 (2), p. 199-222, 1993.
Asian NGOs operate within a diverse and complex reality that spans the broadest ranges on the political, social and cultural spectra. This article traces the emergence of Asian NGOs from this reality and describes their relationship to social and intellectual movements, examining the interaction among professionals, intellectual movements, examining the interaction among professionals, intellectuals and activists. The article then outlines the roles of the Asian NGOs in the protection and promotion of human rights. Conventional roles of standard-setting, promotion, monitoring and enforcement are discussed, as well as special roles in respect of conscientization and organization of marginalized and disadvantaged groups. Finally, some of the dilemmas presently confronting Asian human rights NGOs are examined.

Matheson, Alan
"Human Rights and the Rights of Migrant Workers: The Role of Trade Unions in Australia." Vol. 2 (2), p. 223-244, 1993.
This article presents an overview of the comprehensive policies and programs for migrant workers of the Australian Council of Trade Unions. To be effective in ensuring the industrial rights of overseas born workers, a combination of different strategies needs to be employed. Legislative regulatory and administrative frameworks need to be established and agreed to by all parties. Information and education are integral to any strategy and should be multifaceted, multilingual and include the utilization of a variety of resources. In Australia, some of the most effective campaigns, particularly in the areas of occupational health and safety and discrimination, have occured where there has been cooperation between unions, employers, governments and community agencies. Training is an essential element of services for overseas born workers. Governments and trade unions will not only need to come to terms with the changing nature of the regional and international movement of workers but will need to develop mechanisms for meeting their social and economic needs and monitoring the effective delivery of services and programs.