Role of civil society in campaigning for and using the ICRMW

Grange, Mariette; d'Auchamp, Marie; Cholewinski, Ryszard; Guchteneire, Paul de; Pécoud, Antoine

doi:10.1017/cbo9780511811272.003

Cited by 25 publications

(3 citation statements)

References 3 publications

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“…The human rights of migrants were not a priority at the time, as the emphasis was on civil and political rights (rather than on social and economic rights, which is the focus of the ICMW); even the rights of refugees were perceived as a humanitarian (and not a human rights) topic. 11 This resulted in a lack of civil society support for the Convention. Grange and d'Auchamp further noted that this also led to the strong presence of faith-based organisations, which were among the few to be interested in migration and remain, even today, at the forefront of the campaign for the ICMW and for migrants' rights in general.…”

Section: History and Content Of The Icmwmentioning

confidence: 99%

“…30 This points to the often-neglected catalysing function of the Convention. Given its wide-ranging scope and international nature, it has the potential to unite different actors in different countries, and serve as a rallying point 31 . Debates on the ICMW tend to focus on its ratification record, and conclude that, if few States have ratified it, then it has failed to make a difference.…”

Section: The 'Puzzling' Legal/technical Interpretationmentioning

confidence: 99%

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The Politics of the UN Convention on Migrant Workers’ Rights

Pécoud¹

2017

GroJIL

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The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW) was adopted in 1990 by the United Nations, but has been ratified by 51 States only, and by no major Western migration-receiving State. This article outlines two interpretations of this low ratification record. On the one hand, it can be understood as puzzling because Western liberal democracies support human rights and because the ICMW does not call for new rights that would not already exist in domestic law or in other international human rights instruments. On the other hand, it can be understood as logical because, from a cost-benefit perspective, the rights of migrants are difficult to reconcile with market logics in destination countries and because there are structural economic forces that make it difficult to reach multilateral agreements on migrant workers' rights. This article further argues that these legal and socioeconomic arguments do not exhaust the issue and that the current situation of the ICMW is to a large extent the product of political factors, particularly of the lack of political support for migrants' rights at the international and national levels.

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Section: History and Content Of The Icmwmentioning

confidence: 99%

Section: The 'Puzzling' Legal/technical Interpretationmentioning

confidence: 99%

The Politics of the UN Convention on Migrant Workers’ Rights

Pécoud¹

2017

GroJIL

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“…Beginning in the late 1990s, the organization leant its institutional support to the Global Campaign as part of a more general infusion of human rights concepts into its work (Bohning 1991). As a result, nongovernmental participants in the Global Campaign exercised significant influence over the drafting of the ILO's Multilateral Framework on Labour Migration (Grange & d'Auchamp 2009), which compiles an exhaustive list of international best practices for the implementation of migrant worker rights. Among the rights-oriented practices that are singled out as models for other countries is the policy of the Philippines Overseas Employment Administration requiring legally enforceable work contracts and monitoring recruitment agencies to ensure their compliance, as well as New Zealand's policy of providing information on labor rights in several languages and organizing English language classes for migrant workers (International Migration Programme 2006, 50).…”

Section: A Human Rights Approach To Migrant Labor Standardsmentioning

confidence: 99%

Finding a Place for Marginal Migrants in the International Human Rights System

Kawar¹

2011

Studies in Law, Politics, and Society

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This article examines how international human rights law is shaping the politics of immigration. It argues that migrant human rights are neither conceptually nor practically incompatible with an international order premised upon state territorial sovereignty, and that the specific aesthetics of the contemporary international human rights system, namely its formalistic and legalistic tendencies, has facilitated its integration with a realm of policymaking traditionally reserved to state discretion. An exploration of two areas in the emerging field of migrant human rights traces the multiscalar transnational legal processes through which these norms are formulated and internalized.

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How Did We Get Here? Civil Society in the Emerging Regional and Global Governance Framework on Migration

Rother

2022

Mobility &Amp; Politics

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Role of civil society in campaigning for and using the ICRMW

Cited by 25 publications

References 3 publications

The Politics of the UN Convention on Migrant Workers’ Rights

The Politics of the UN Convention on Migrant Workers’ Rights

Finding a Place for Marginal Migrants in the International Human Rights System

How Did We Get Here? Civil Society in the Emerging Regional and Global Governance Framework on Migration

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