PHM-Exch> [CETIM Report n°9] FOR THE RESPECT OF THE RIGHTS OF ALL MIGRANT WORKERS

[Claudio Schuftan]

From: CETIM <contact at cetim.ch>



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*Presentation:
FOR THE RESPECT OF THE RIGHTS OF ALL MIGRANT WORKERS** *
The fundamental right of each and every human being should be to remain in
their country of origin and to have basic needs met.
But the unequal development that characterises the world today is forcing
vastly more and more people to look for a better future in another country.
In the last few decades international migration has grown enormously. The
neo-liberal policies that dominate the process of globalisation today have
accelerated international migration, providing capital with an ever cheaper
work force. Between 2000 and 2010 the number of migrants doubled and now
exceeds 200 million people across the world. All regions of the world are
affected by the phenomenon although one thing that is new is that today
women constitute nearly half of all migrants.

Inevitably this enormous movement of people has significant economic,
political, social and cultural consequences, as much in the host country as
in the countries they are leaving. The country of origin loses many well
educated people (brain drain), who are of course indispensable to economic,
social and cultural development but the host country benefits accordingly.
The migrants contribute to the prosperity of the host countries to the
extent that they have become vital to the functioning of their economies.
Migrants also contribute to the host country culturally and artistically.

We must not lose sight of the fact that migrants also play an equalising
role, offering a kind of safety-net in an unequal world, by financially
maintaining their families who have stayed behind in the country of origin.
In 2010, the amount of money sent back by migrant workers to their country
of origin (in the South) was nearly three times the amount received by
those countries in development aid.

Contrary to common perception in the West, by far the largest international
migration occurs between countries of the South. According to 2010 figures,
out of 128 million migrants living in countries of the North only 74
million originated from countries in the South, whereas the latter receive
86 million on their own soil.

We must also remember that the reason that so called “irregular”,
“clandestine” or “undocumented” mi­gration has increased in Europe and in
the USA (who receive nearly half of the irregular migrants in the world) is
precisely because these countries have taken administrative, legislative
and even military measures to prevent all “unwanted” migration to their
territory. These measures have removed all the weight from the Geneva
Convention, which was already quite restricted in its application, and have
rendered it almost inoperable, as is certainly the case in Europe.

While host states have the right, within current international law, to
regulate levels of migration they also have a duty both to respect and to
ensure respect for the rights of migrants who do arrive (regular or
irregular). This is the message at the heart of the UN and ILO
international conventions.

While this report concentrates mainly on the situation of irregular
migrants, it will also look at the scope and workings of these conventions.

*Contents: *
Introduction
I The causes of international migration
II The Problems and Human Rights Violations encountered by migrants during
the process of migration
III The situation for migrants in the host country and at their borders
     A) The European Union

          1. The situation for regular migrants

          2. The situation for irregular migrants

          3. The situation for asylum seekers

          4. Arbitrary detention

          5. The crime of solidarity
     B) The situation of domestic workers throughout the world
IV Recommendations at the international level to protect the rights of
migrants
Conclusion

Annex


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