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Refugee and Migrant Rights: Additional Information

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International Migrants Day
December 18th

The life of Johnny Rivas, the coordinator of an association of migrant workers in Dominican Republic was threatened in October 2007. A group of people expressed their displeasure with his work on behalf of Haitian migrant workers and Dominicans of Haitian descent, and told him that getting involved in issues in support of this group is dangerous and he could be shot for it.

On 13 December 2007, three senior officials of the South Korean Migrant Workers' Trade Union (MTU) were forcibly returned to their countries of origin, in secret and without due process. Amnesty International expressed concern that the deportations reflected a repressive measure by the Government to stop the MTU from conducting its rightful union activities. The deportations also demonstrated a serious assault at depriving migrant workers from exercising their basic labour rights which are protected in the South Korean constitution, including the right to freedom of association. The forcible removal of migrant trade union officials appears to be a continuation of crackdowns that have been conducted against irregular migrant workers in South Korea since August 2007.

The General Secretary of Myanmar Ethnic Rohingya Human Rights Malaysia (MEHROM), was beaten and along with 20 other Convention Refugees was detained in August 2007. The Rohingyas are a Muslim ethnic minority persecuted in Myanmar. Many have fled to Malaysia, in order to find safety. They are among over 1.5 million migrant workers, asylum-seekers and refugees in Malaysia. Many lack legal status and are classified as "illegal immigrants". Malaysia has not ratified the 1951 UN Refugee Convention, thus refugees and asylum-seekers have no protection. Nor has it ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, thus undocumented migrant workers and their families also have no protection, in spite Malaysian industries' need for cheap, and low-skilled labour.

Throughout the world migrants are often described as criminals, economic burdens, security threats and even a risk to public health. The negative views about migrants shape government policy and action on migration. The views lead to limited protection for migrant workers and their families. While many economies rely on migrants to work in dirty, degrading and dangerous jobs with little security and low wages, their rights in the work place are often ignored. This unrecognized, unappreciated, and undervalued workforce now drives a significant part of the global economy. The migrant worker however, is viewed as a commodity or a unit of labour who can be shuttled around the world at will. The contributions of migrant workers to their new communities and to the economies of the countries where they live are largely ignored.

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provides an international definition of the migrant worker, categories of migrant workers, and members of their families. It ensures the protection of rights of each category of migrant worker and their families, including: "frontier workers", who live in a neighbouring country where they return daily or at least once a week; seasonal workers; seafarers employed on vessels registered in a State other than their own; workers on offshore installations which are under the jurisdiction of a State other than their own; itinerant workers; migrants employed for a specific project; and self-employed workers.

The Convention provides protection for the rights of all migrant workers, regardless of their status, but it does not promote or encourage irregular migration.

The Convention has been signed primarily by the countries from which migrants traditionally originate. It has not been ratified by any country in the European Union, or other developed states including Australia, Canada or the United States.

International Migrants Day, celebrated on December 18 is an opportunity to:

Take Action

Protect Migrants in Malaysia

Protect Haitian Migrants and their Descendants

Posted: 17 December 2007