Source:
Migration Policy Institute
This updated spotlight focuses on African immigrants residing in the United States, examining the population's size, geographic distribution, socioeconomic characteristics, and admission categories. February 2009.
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BACKGROUND
Human mobility has always existed at all times linked to different historical processes. Nowadays, when migratory movements have been intensified, theories of migration have tended to concentrate on what causes people to move to new countries, focusing on structural conditions such as recomposition of capital or globalisation of markets, national policies, wage differentials between countries, natural disasters, political persecution, armed conflicts, poverty, etc.
According to the report submitted by the Special Rapporteur on the human rights of migrants at the 61st session of the Commission on Human Rights, migratory flows “originate in socio-economic inequality and unequal human rights, and are swelled by the attraction of more developed countries, which offer well-being, opportunities and democratic freedoms". (E/CN.4/2005/85, pdf)
One of the priorities identified in this report "has been to promote ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which provides a suitable legal framework for the adoption of policies on migration management that respect migrants’ human rights and fundamental freedoms".
This situation of mobility takes place alongside an increased control of borders by developed countries. The latter have strengthened and applied new technologies to hunt for undocumented migrants. A serious case to be taken into account is the situation along the US-Mexico border, where even US paramilitary groups intervene to prevent the entrance of people from its neighbour country. These measures have been intensified after the September 11 attack on New York, and many times the anti-terrorist justification has served several countries to implement anti-immigration policies which were already being applied for other reasons. These policies are generally applied in a selective manner: migration due to certain labour demands is authorized, those who do not find a job are expelled and those who are in an illegal situation are punished.
However, according to several studies, an increased border control fails to prevent the growth of global mobility, since this is already structurally embedded in the economies and societies of most countries, while at the same time it brings forward the discussion on the rights of all people to move freely. Undocumented migration can be interpreted as the expression of people’s claim to their right to migrate, a right already included in other universal rights (See"Global Migration Perspectives. Migration without borders: an investigation into the free movement of people” , April 2005, UNESCO, pdf).
The Universal Declaration of Human Rights (art. 13.1) and other treaties acknowledge the rights of all people to move freely and choose their residence within a State. Said rights should be understood in their both senses: the capacity of all human beings to freely circulate and move and to choose residence without impediment or obstacles placed by the State or third parties; and in the other sense, the right to legally remain wherever they wish, without being forced to abandon their place of residence against their will.
"The implementation of international treaties on human rights is essential to ensure respect for the human rights of migrants. The most relevant of such treaties to the rights of migrants, the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (MWC) entered into force in July 2003. However, it has been ratified only by 27 countries. In the meantime, 116 countries have ratified all six treaties on human rights: International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966), International Covenant on Civil and Political Rights (ICCPR, 1966), International Convention on the Elimination of All Forms of Racial Discrimination (ICERD, 1965), Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT, 1984) and the Convention on the Rights of the Child (CRC, 1989) . Together with the MWC, these seven conventions are known as the “core international human rights treaties”. All of them contain strong non-discriminatory clauses ensuring applicability of many provisions to migrants” . (Excerpted from the research carried out by the International Catholic Migration Commission – ICMC, and December 18, with the support of UNESCO: "The UN Treaty Monitoring Bodies and Migrant Workers: a Samizdat", pdf.).
There are other analysis of this reality that attempt to delve deeply into the large variety of existing situations, without forgetting about the options and desires of people, whether poor or rich, and which draw attention to reductionist positions that tend to victimise migrants. According to Laura Agustín, “There is a growing tendency to victimise poor people, weak people, uneducated people and migrant people. The trend, which began as a way of drawing attention to specific forms of violence committed against women, has now become a way of describing everyone on the lower rungs of power. Routinely, supporters position them as victims in order to claim rights for them, but this move also turns them into victims, and victims need help, need saving—which gives a primary role to supporters. Much rhetoric about migration has fallen into this pattern: migrants, it turns out, are not only vulnerable to exploitation, a patent truth, but they are ‘victims’”. ( From "Forget victimisation: granting agency to migrants", Agustín, pdf.).
The United Nations General Assembly prepares a high-level dialogue on international migration in 2006, which is regarded as an opportunity to address the different elements of the migration phenomenon. Above all, for the purpose of making more visible –and if possible, eliminating– the gap existing between the acknowledgement of the rights of migrants by the human rights international system and their reality. At this future instance, the idea is also to encourage the cooperation of different UN agencies and to formulate certain principles that would define a multilateral framework for the management of migration.
This study provides a synthesis and analysis of the main types of research on trafficking world-wide, and suggests ways to enhance research and data in this area. August 2005.
Given the need to explore and address inherent linkages between migration and trafficking issues, SARI/Equity, the International Organization for Migration (IOM) and the United Nations Development Fund for Women (UNIFEM) jointly organized a regional conference held on April 4-6, 2005.
This paper discusses a Migration Without Borders (MGB) scenario, that is the possibility of border controls be suppressed and people granted the right to move freely throughout the world. The first section describes the contemporary evolution of migration and border controls. The following sections investigate the MWB scenario from four different perspectives: human rights/ethics, economics, social and practical. April 2005, pdf format.
This paper discusses the linkages between migration and the Millennium Development Goals, with specific focus on poverty alleviation, gender, health, environmental sustainability and global partnerships. April 2005, pdf format.
Although this paper recognizes the importance of the different treaties that protect the human rights of migrants it points out some important aspects that are not taken into account, such as the feminization of migrant labour and the increasing short-term nature of labor migration. It suggests new approaches to address the issue. This article is part of a special issue of the Migration Information Source on Migration and Human Rights. March 2005.
In this paper, the reciprocal migration-development relationship is examined through the discussion of seven migration myths that are prevalent in public discourses. Pdf format, April 2005.
This congress was held on September 2-5 within the framework of the Universal Forum of Cultures–Barcelona 2004. It brought together participants from the academic world, international organizations, government, local and regional authorities, NGOs, the public and private sectors and mass media from all over the world. Papers on a variety of subjects are available: remittances and development, migration management, transnational communities and diaspora, regional integration and economic impacts, gender , social exclusion and segregation.
"While migrant workers often make significant contributions to the economies and societies of the State in which they work and of their State of origin they remain, from a legal point of view, more vulnerable than many other groups who have the benefit of clearer and more wade-ranging international and regional legal protection". Pdf format, 2003.
Despite the fact that, as the title tells us, this study presents an Asian perspective, we included it in this section because it makes a contribution to the newly emerged debate on migration and development. The paper is divided into three sections: The first focuses on the financial flows associated with international migration. The second section is concerned with diasporas and how these can be mobilized to the extent that they benefit the communities of origin. The final part draws a number of conclusions on the impact of migration on poverty. 2003, pdf format.
Migration within the UN human rights system: official information
The High-Level Dialogue on International Migration and Development will take place on 14 and 15 September 2006 in New York at UN Headquarters. In its resolution 58/208 of 23 December 2003, the General Assembly decided to devote a high-level dialogue to international migration and development during its sixty-first session in 2006. The purpose of the high-level dialogue is to discuss the multidimensional aspects of international migration and development in order to identify appropriate ways and means to maximize its development benefits and minimize its negative impacts. Additionally, the high-level dialogue should have a strong focus on policy issues, including the challenge of achieving the internationally agreed development goals, including the Millennium Development Goals (MDGs).
The United Nations today marked International Migrant’s Day with fervent appeals for the vast majority of States who have not yet done so to adhere to the treaty that seeks to protect the rights of the estimated 195 million people around the world who have left their homelands in search of better lives. December 2006.
The Committee is the body of independent experts that monitors implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families by its State parties.
The aim of the Special Rapporteur , as established by the Commission, is “to examine ways and means to overcome the obstacles existing to the full and effective protection of the human rights of migrants, including obstacles and difficulties for the return of migrants who are undocumented or in an irregular situation”. Since 1999 the Special Rapporteur is Ms. Gabriela Rodríguez Pizarro, from Costa Rica. In this page is available her latest report (pdf) submitted to the 61st session of the Human Rights Commission (March-April 2005).
This page provides links to the seven core international human rights treaties mentioned above, as well as to the committees of experts that monitor implementation of the treaties provisions by its States parties. Some of the treaties are supplemented by optional protocols dealing with specific concerns, to which links are also provided.
Background information, issues at stake, migration issues at the UN, information on the Convention and the Campaign, ILO convention and other campaigns.
This fact sheet explains the structure and procedures of United Nations human rights treaty monitoring bodies and special mechanisms related to migration.
This article explains the causes and impact of migration as a global phenomenon. Its fundamental premise is that labour migration must be governed by a legislative framework based on the international norms regarding migrant workers and decent work. Formato pdf.
The ILO has two legally binding instruments relating to migrant workers: Convention No. 97 of 1949 (C97) concerning Migration for Employment and Convention No. 143 of 1975 (C143) concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers. Both are complemented by non-binding recommendations.
A report by the International Labour Organization on labour migration points out the importance of multilateral action in regards to international norms. It emphasizes the promotion by the ILO of the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. The report also offers comprehensive information on the issue: causes and consequences, conditions of work and treatment, international regulation, etc. Pdf format.
WCAR’s website on the issue. This section explains why the phenomenon of migration is related to discrimination. It states that it is necessary to better use existing mechanisms to address issues related to he human rights of migrants.
Complete version of the document. It reaffirms ILO Conventions 97 and 143 and the 1990 International Convention on migrant workers rights as basic standards. It “urges States to take concrete measures that would eliminate racism, racial discrimination, xenophobia and related intolerance in the workplace against all workers, including migrants and ensure the full equality of all before the law, including labour law.” Pdf format.
This document was the output of a preparatory meeting for WCAR that took place in Tehran, Iran, from 18-19 February 2001. There is a whole section dedicated to migrants and trafficked persons and racism. There NGOs stated that "The discrimination experienced by most migrant workers, is manifested in restrictive immigration and labor laws and policies; the denial of trade union rights; exploitative working conditions, low wages and non-payment of wages; lack of access to public services such as health, housing and social security. In this context women migrant workers experience multiple forms of discrimination".
Compiled by Migrants Rights International, this document draws on contributions from several NGOs on the proposed language relating to migrants, refugees, asylum-seekers and internally-displaced persons put forward for consideration by States in the World Conference Against Racism (2001).
This study focuses on female migration from and between six countries, namely Botswana, Lesotho, Malawi, Mozambique, Swaziland and Zimbabwe, principally to South Africa. Through a combination of literature review, focus group discussions, and personal interviews, the study documents the changing role of women within migratory flows in Southern Africa, explores the potential impact of the increase in women who migrate independently as heads of households as well as migrants’ access to financial and other services. April 2008.
The launch of the State of World Population 2006 comes just a week before the High-Level Dialogue on International Migration and Development in New York. This meeting will take place at the United Nations from 14 to 15 September. This year’s State of World Population report "examines the scope and breadth of female migration, the impact of the funds they send home to support families and communities, and their disproportionate vulnerability to trafficking, exploitation and abuse". September 2006.
This paper was written by Keiko Yamanaka and Nicola Piper, and produced by UNRISD. It addresses the feminization of labour migration in East in Southeast Asia. Despite the great need to protect their welfare and human rights, governments of their destination countries view migrants as merely a workforce to meet labour shortages, and ignore protective measures and gender-sensitive policies. Under pressure to increase foreign revenues, labour-source countries encourage their women to migrate and remit their earnings from abroad, but in the face of global competition, governments of source countries have shown little interest in their migrant women's welfare. Feminized migration has increased inequality and injustice based on gender, class and nationality in Asia. It has also, however, opened up opportunities for migrant women to increase family incomes and for Asia's growing civil society to challenge oppressive policies and practices affecting migrants. Although many legal and institutional barriers to social justice remain in labour-importing countries, civil actions by citizens and migrants comprise significant steps toward the realization of migrant workers' rights. December 2005.
This Overview Report on Gender and Migration takes a broad approach to migration –it looks at the gender dynamics of both international and the lesser-researched internal migration and the interconnections between the two. People may choose to migrate, or have no choice, or the decision may fall somewhere on the continuum between the two. This report therefore covers both forced and voluntary migration, including covering economic and other voluntary migrants, refugees and internally displaced persons and trafficked people. These migrants in turn come through regular (conforming to legal requirements) or irregular channels. 2005, pdf format.
Social interventions aimed at helping the group positioned as most needy in Europe today, migrant women who sell sex, can be understood by examining that time, 200 years ago, when ‘the prostitute’ was identified as needing to be saved. Before, there was no class of people who viewed their mission to be ‘helping’ working-class women who sold sex, but, during the ‘rise of the social,’ the figure of the ‘prostitute’ as pathetic victim came to dominate all other images. May 2005.
Does participatory development result from the actions of local groups themselves, or is it shepherded by NGOs? A documentary film on migrant women labourers explores their coping strategies against poverty and restricted roles, as well an NGO's efforts on their behalf. 14 May, 2005.
Joint Statement of the Migrant Forum in Asia (MFA) and Migrants Rights International (MRI) delegation, delivered to the Committee on Migrant Workers at the 92nd Session of the International Labour Conference. June 2004.
"With so many possible aspects of women’s migrations to research and consider, the reductionist debate on ‘trafficking’ is lamentable. When the subject is not a minority of women who are duped, sequestered and enslaved, we should be able to give credit where it is due to women and transsexuals, as well as men, who dare to make decisions to better their lives by leaving their homes to work abroad, no matter what kind of work they have to do". 2003, pdf format.
This report summarizes the many problems migrant women face, including legal problems encountered at the international level. It provides statistics on women and migration, and discusses relevant international instruments and mechanisms. June 2003.
Highlighted articles: "The Global Dimensions of Female Migration", "Women and Migration:Incorporating Gender into International Migration Theory", "Asian Women Migrants:Going the Distance, But Not Far Enough".
CARAM Asia with the support of the U N Office of the High Commissioner for Human Rights and other NGOs and international organizations organized a Regional Summit on Foreign Migrant Domestic Workers, from 26-28 August 2002, in Colombo, Sri Lanka with the objective of understanding the current status of foreign migrant domestic workers, defining emerging issues in order to increase protection to reduce various forms of vulnerability especially to HIV/AIDS. This is the outcome of this summit. It states that " The right to stay and the right to move within and across borders with dignity are fundamental to human civilization. Foreign migrant domestic workers contribute to the socio-economic development of societies and economies".
The top individual countries of origin of the African born are Nigeria, Egypt, and Ethiopia. "Compared to other immigrants, the African born tend to be highly educated and speak English well. However, they are also more likely not to be naturalized US citizens than other immigrants". This updated spotlight focuses on African immigrants residing in the United States, examining the population's size, geographic distribution, socioeconomic characteristics, and admission categories. February 2009.
This new report by the International Federation for Human rights (FIDH) is the result of an investigation conducted through 2007 from the southern borders of Mexico to the U.S. states of Arizona and Texas, investigating the rights of undocumented Central American and Mexican migrants traveling to the United States. The report denounces the human rights violations perpetrated against migrants by both the Mexican and the U.S. authorities, in complete impunity. It criticizes both States for enforcing incoherent national migration policies which openly disregard their human rights obligations under national and international law, including the right to life. March 2008.
At the European level, the various initiatives undertaken by the European Commission have been mainly aimed at combating irregular migration, with scarce attention to the human rights of undocumented migrants. There has been an increasing number of deaths at European Union borders; undocumented migrants face various barriers in accessing health care services; the right to fair working conditions has been continously eroded and there is lack of protection for undocumented children. February 2007.
Emigration from Latin America and the Caribbean has sped up drastically since 1980. Some factors that have led to the expulsion of the migrant population are the inability to create jobs with decent wages, armed conflicts, devastation caused by natural disasters, the development gap between the Northern and Southern hemispheres, and the huge wage disparities with respect to the United States. December 2006.
Although Moroccan policymakers and the media stress the temporary, transitory character of sub-Saharan migration, an increasing proportion of these officially "temporary" migrants might become permanent settlers. These African migrants to Morocco face substantial xenophobia and social and economic marginalization. At the same time, their presence confronts Moroccan society with an entirely new set of social and legal issues typical for immigration countries, issues that do not yet resonate with Morocco's self-image as an emigration country. October 2005.
It provides timely, factual and nonpartisan information and analysis of international migration issues through five major activities: the newsletters Migration News and Rural Migration News, Changing Face and other Research & Seminars, and the CEME project.
Beyond immigration policy and its possibilities lie questions of social justice and human rights. There is a need to forge a substantive conception of political membership for immigrants as well as for marginalised citizens and poor people in the countries of the rich world. Saskia Sassen is professor in the department of sociology at the University of Chicago and at the London School of Economics. You also can find in this web site "A universal harm: making criminals of migrants". July 2006.
This paper examines the politics of categorization that defines people who move,as well as the migration containment policies that set and maintain the boundaries of these categories. The paper explains why "the problem" is not migration per se, but rather the way the powerful seek to control and contain the movement of people. Migration policies are a form of population control; the issue is who is controlled, and how. And because of the who, and the how, migration policy is a justice issue. June 2006, pdf format.
The ‘migrant’ is a category excluded from not only from celebratory concepts such
as transnationalism and cosmopolitanism but also increasingly spoken of as a victim. This
article exposes prejudices in what is meant by the term and proposes another vision, in which
less advantaged people are granted ordinary human autonomy. 2003, pdf format.
In this interview Sassen discusses her book "Guests and aliens", where among other things she shows how migrations "transcend the brute facts of persecution, poverty and overpopulation". She "could not and would not deny the spur of such forces, but will argue that these brutal motivations are raw ingredients which combine and metamorphose within larger political and economic structures so that people are set in motion". November 2003.
This article addresses migration from a transnational perspective. It outlines this new concept and aims at sowing how migrant's transnational practices can be utilized to further development. October 2004, pdf format.
Migration within the UN human rights system: analysis
The Asia-Pacific Forum on Women expresses critical concerns on the United Nations Secretary General's report on migration and development in the areas of: the report lacking substantive discussion on the gender perspectives of migration; the report focusing on the economic aspects of migration and development; and the lack of emphasis on the 1990 UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. July 2006.
This "do-it-yourself" kit offers tools for mapping out and implementing respect for the human rights applicable to migrant workers and members of their families. It compares the various treaty monitoring bodies, including their membership, reporting schedules, working methods and costs andgives details about the contents and adoption of the relevant treaties. It provides concrete comparable data for informed decision on issues relating to implementation of the Convention. January 2004, pdf format.
December 18 and the International Catholic Migration Commission (ICMC), with support from UNESCO, engaged in a research project to study country specific conclusions and recommendations issued by bodies of experts tasked with supervising the implementation of these conventions. As it stated in the introduction, "whether migrants fall so low so as to be below the guard of protection provided by the ensemble of international human rights treaties is the question at the heart of this research paper". April 2005, pdf format.
The High-Level Dialogue on International Migration and Development will take place on 14 and 15 September 2006 in New York at UN Headquarters. In its resolution 58/208 of 23 December 2003, the General Assembly decided to devote a high-level dialogue to international migration and development during its sixty-first session in 2006. The purpose of the high-level dialogue is to discuss the multidimensional aspects of international migration and development in order to identify appropriate ways and means to maximize its development benefits and minimize its negative impacts. Additionally, the high-level dialogue should have a strong focus on policy issues, including the challenge of achieving the internationally agreed development goals, including the Millennium Development Goals (MDGs).
Informal Interactive Hearings with NGOs, civil society and the private sector - 12 July 2006
To ensure the participation of civil society, a Civil Society Task Force is being set up and will take the lead in the Informal Interactive Civil Society Hearings, scheduled to take place on 12 July 2006. Their recommendations will be summarized in a document that will be one of the official documents for the High-level Dialogue in September 2006.
U.N. Non-Governmental Liaison Service's information
While industrial countries are promoting easier flows of capital, goods and services, they are at the same time restricting the movement of labour, which comes mainly from developing countries. Developing countries view this as a double standard, especially since labour is an important factor in the production of goods and services. January 2006.
This site offers news, activities, publications, links and mailing lists related to migrations. It focuses on the UN Migrant Workers' Convention and is strongly committed to its campaign.
This Inter-Agency Programme for Government Capacity Building and Co-operation on Migration and Refugee Policies has commissioned some papers on migration policy, such as "Migration and Human Security" and "The Migrant Smuggling and Trafficking Phenomena".
A publication prepared by the International Labour Office (ILO), the national Organization for Migration (IOM) and the Office of the United Nations High Commissioner for Human Rights (OHCHR), in consultation with Office of the United Nations High Commissioner for Refugees (UNHCR). August 2001, pdf format.
IOM is an intergovernmental organization that carries out a variety of migration management activities throughout the world. The IOM Migration Research Series makes available many papers on issues such as migration and development, remmittances, border control, etc.
The Berne Initiative is a states-owned consultative process with the goal of obtaining better management of migration at the regional and global level through co-operation between States. In this page policy research papers of the initiative are available, as well as documents such as "Development of an International Agenda for Migration Management".
An intergovernmental forum of eleven countries in North and Central America devoted to sharing information and promoting dialogue on migration. This site provides information and documents produced by the Conference and about its activities, projects and seminars. Provides links to a variety of migrant-related agencies, NGOs and information sources around the world.
Aiming to provide the framework for the formulation of a coherent, comprehensive and global response to migration issues, and acting on the encouragement of the UN Secretary-General Kofi Annan, the Global Commission on International Migration (GCIM) was established in December 2003. The GCIM is comprised of 19 independent commissioners tasked with the responsibility of submitting a report and recommendations to the UN Secretary-General by mid-Summer 2005. The Global Commission is supported by a group of Governments, led by Sweden and Switzerland, and its secretariat is based in Geneva.The Commission produces a series of research papers called Global Migration Perspectives, that deal with different aspects of the issue.
An organization that works to promote and protect the rights of migrants with respect as basic values, supporting the work of migrant organizations in the different regions by using the Internet as a tool networking and the dissemination of information.
It is a global civil society network of migrant associations, human rights advocates, labour and church-based groups, and experts promoting the human rights of migrants.
Research, policy and training programme designed to facilitate the formulation and implementation of new initiatives on cross-border population migration in the region.
This organization develops participatory action to empower migrant workers and their communities through the promotion and protection of their rights and the creation of an enabling environment at all stages of migration to reduce HIV/AIDS vulnerability.
MFA is a regional network of non-government organizations (NGOs), associations and trade unions of migrant workers, and individual advocates in Asia who are committed to protect and promote the rights and welfare of migrant workers.
Civil society network that was established to encourage the recognition, protection and fulfillment of Filipino migrants’ rights - both in the Philippines and abroad during the entire migration process.
While refugees are eligible to receive international protection and help under the 1951 Refugee Convention and the 1967 Protocal, the international community is not under the same legal obligation to protect and assist internally displaced people. National governments have the primary responsibility for the security and well-being of all displaced people on their territory, but often they are unable or unwilling to live up to this obligation. In the absence of a single agency mandated to help IDPs, the international community has been trying to work together to develop adequate responses to the needs of the displaced within the framework of the “collaborative approach”.
FMR provides the humanitarian community with a practice-oriented forum for debate on issues facing refugees and internally displaced people in order to improve policy and practice and to involve refugees and IDPs in programme design and implementation.
