Human Rights Of Migrants Research Articles

The Role of the United Nations Special Rapporteur on the Human Rights of Migrants

The position of Special Rapporteur on the Human Rights of Migrants was established in 1999 by the Commission on Human Rights.During the short period since her appointment, the Special Rapporteur has directed her attention to examining ways and means to overcome obstacles impeding the full and effective protection of the human rights of migrants, and also examining difficulties for the return of migrants who are undocumented or in irregular situations.This schedule has involved visits to governments and the dissemination of information on the legal framework and aspects of the mandate designed to explain the complexity of migration.The Special Rapporteur calls for increased efforts to ensure success of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in Durban, South Africa, in 2001. She also encourages those governments which have not yet ratified the International Convention to take the necessary steps.

Protection of Migrants' Human Rights: Principles and Practice

In principle, migrants enjoy the protection of international law. Key human rights instruments oblige the States Parties to extend their protection to all human beings. Such important treaties as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights have been ratified by more than 140 states, but many political, social or economic obstacles seem to stand in the way of offering those rights to migrants.In an attempt to bridge this protection gap, the more specifically targeted International Convention on the Protection of All Migrant Workers and Members of their Families was created and adopted by the United Nations in 1990. This treaty is not yet in force, but the number of States Parties is increasing towards the required 20.In the past few years the human rights machinery of the United Nations has increased its attention towards migrants' human rights, appointing in 1999 the Special Rapporteur on the Human Rights of Migrants. Governments, as the acceding parties to international human rights instruments, remain the principal actors as guardians of the human rights of all individuals residing in their territories.Receiving countries are in a key position in the protection of the migrants that they host. However, active defence of migrants' rights is politically difficult in many countries where anti‐immigrant factions are influential.Trafficking in migrants is one example of the complexity faced by states in formulating their migration policies. On the one hand, trafficking has made governments increasingly act together and combine both enforcement and protection. On the other, trafficking, with its easily acceptable human rights concerns, is often separated from the more migration‐related human smuggling. The latter is a more contentious issue, related also to unofficial interests in utilizing cheap undocumented immigrant labour.

International Migration at the Beginning of the Twenty‐First Century: Global Trends and Issues

Globalisation leads to increases in all kinds of cross‐border flows, including movements of people. In recent years international migrationhas grown in volume, and is now an important factor of social transformation in all regions of the world. States classify migrants into certain categories, and seek to encourage certain types of mobility while restricting others. However,control measures are often ineffective if they are not based on understanding of the economic, social and cultural dynamics of migration. The article reviews causes and patterns of migration, and discusses some key issues: migration anddevelopment, international cooperation, settle‐ment and ethnic diversity, and migration as a challenge to the nation‐state. It is argued that most national governments have taken a short‐term and reactive approach to migration. Effortsat international regulation are also relatively under‐developed. There is a need for long‐term cooperative strategies to achieve agreed goals such as: ensuring orderly migration and preventing exploitation by agents and recruiters;safeguarding the human rights of migrants; making migration an instrument of sustainable development; avoiding conflicts with populations of migrant‐receiving areas, and maximising positive aspects of social and culturalchange.

Using the New Migrant Workers’ Rights Convention

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is a valuable instrument both to bring about recognition of the human rights of migrants and to uphold or defend such rights in practice. Nonetheless, migrants’ associations and organizations in support of migrants tend to underestimate the significance of international conventions. Compared with the demands they put forward conventions offer too little. However, experience has shown that international conventions can be used successfully to defend migrants’ rights. In this article, suggestions are made as to how nongovernmental organizations (NGOs) can use this new Convention.

"Immigration Problems Facing the European Union from the Perspective of UN Human Rights Council Mechanisms"

The scale of immigration problems in Europe today is well-known and broadly dis-cussed. The article identifies how this issue is reflected in two Human Rights Council mechanisms: Special Procedures and the Universal Periodic Review. The Special Rap-porteur on the human rights of migrants, François Crépeau, undertook a regional study on the management of the external borders of the European Union and its impact on the human rights of migrants. The analysis of the annual and country visits’ reports allows the main immigration problems facing the EU countries and threats for the protection of human rights to be identified. The recommendations made by the Special Rapporteur are confronted with those taken up in the UPR process. Special attention is given to the EU countries’ position on the problem of immigrants. Their reluctance to raise this issue in the UPR weakens the credibility of EU Member States and puts the objectivity of the mechanism into question.

Reinforcing Migrants’ Rights? The EU’s Migration and Development Policy Under Review

This article critically discusses the role and place of migrants’ rights in the EU’s evolving migration and development policy under the Global Approach to Migration and Mobility (GAMM) pursued by the EU.1 The GAMM, which aims to govern migration flows from outside of the EU more effectively, incorporates the field of migration and development as one of four pillars. Only in November of 2011, however, the human rights of migrants were explicitly acknowledged as a cross-cutting theme within the GAMM, which before paid little attention – not to say neglected – the protection of such rights. This contribution analyses how the linkage between migration and development evolved on the international and European level, highlights the EU’s interests in such a policy, and explains the pitfalls of disregarding the protection of migrants’ rights in this context. The article argues that the ‘development burden’ should not be placed on immigrant populations without guaranteeing their secure legal status in the host countries.