Migrant Workers in International Human Rights Law: Their Protection in Countries of Employment

Abstract

Reviewed by: Migrant Workers in International Human Rights Law: Their Protection in Countries of Employment Connie de la Vega (bio) Migrant Workers in International Human Rights Law: Their Protection in Countries of Employment, by Ryszard Cholewinski (Oxford: Clarendon Press, 1997) 465 pp. For more than twenty years the issue of violations of migrant workers’ rights has been raised by various bodies of the United Nations (UN). 1 In 1979, the UN General Assembly called for the drafting of a treaty to address those violations. 2 In 1990, after ten years of drafting by the Working Group on Migrant Workers, the General Assembly finalized and adopted the International Convention on the Protection of the Rights of All Migrant Workers and Their Families (Convention on Migrant Workers). 3 However, as of 1 June 1998, only nine countries had ratified the Convention on Migrant Workers, 4 making it a completely ineffective means [End Page 229] for addressing the ongoing violations of migrant worker rights, and prompting the Commission on Human Rights, at its fifty-fourth session, to pass a resolution establishing a new working group with a mandate to gather information on obstacles hindering the protection of migrant workers’ rights and to make recommendations for strengthening their implementation. 5 It is at this very critical juncture that Migrant Workers in International Human Rights Law: Their Protection in Countries of Employment by Ryszard Cholewinski, 6 one of the most comprehensive books addressing the rights of migrant workers, has been published. At a time when globalization is the operative word in the economies of the world, it is increasingly important that migrant workers have more effective procedures for seeking redress for violations of their rights. The author’s thorough analysis of the various treaties applicable to migrant workers, and the detailed description and coverage of the international laws and procedures covering migrants in Europe, while important in the context of protecting migrant workers, should also be useful for those interested in protecting human rights generally, especially in the area of discrimination. In addition, the lessons that can be gleaned from the book provide helpful tools for scrutinizing the progress of the Working Group on Migrants, which itself will be discussed later in this review, as well as providing suggestions for making it more effective. This review will discuss not only the salient points in the book, but the practical application to the Working Group as well. [End Page 230] I. Overview The book consists of three parts. The first part, entitled “International Migration for Employment, Aliens and Citizens,” provides a historical background of international migration with a short section on the causes of irregular migration, and describes the development of international law as it affects aliens in particular. The second part, “Universal Standards Specifically Relating to the Protection of Migrant Workers and Their Families,” analyzes the protection of migrant workers’ rights by the International Labour Organisation (ILO) and the Convention on Migrant Workers. The third part, “Case Study of the Regional Protection of the Rights of Migrant Workers and Their Families in Europe,” examines various instruments of the European system as they affect migrant workers’ rights in a variety of areas, including the right to equal treatment. The book also includes a list of abbreviations, which should provide a useful reference for navigating through the numerous organs that address migrant workers’ rights, particularly in Europe. Likewise, the author includes the following valuable listings: Table of Cases, Table of National Legislation, Table of Treaties and other International Instruments, and a Table of European Community and Council of Europe Instruments, which together with the extensive bibliography at the end make this book a useful reference tool. However, a few shortcomings must be mentioned at the outset. First, while there is extensive coverage of economic, social, and cultural rights, the book’s coverage of political rights is limited to the right to participate in the decision-making process, including the right to vote, and residence rights such as the right to remain, permanent residence, naturalization, and protection against arbitrary and unfair expulsion. Thus, the book excludes discussion of some very serious violations faced by migrant workers, particularly those who are undocumented, such as: protection before they leave their...