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Susan Kneebone Faculty of Law, Monash University.

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Presentation on theme: "Susan Kneebone Faculty of Law, Monash University."— Presentation transcript:

1 Susan Kneebone Faculty of Law, Monash University

2  Comprises mainly unskilled and semi-skilled workers  Irregular migration amounts to 40% of the total migratory movement  Increase in temporary migration and female migration (mainly for domestic work), and a commercialization of the recruitment industry

3  ILO, Migration for Employment Convention (Revised), No. 97 1949  1975 ILO, Migrant Workers (Supplementary Provisions) Convention, No.143  1990 Convention on the Protection of the Rights of All Migrant Workers (‘CMW’) – distinguishes documented \ undocumented migrants

4  ILO promotes the use of bilateral and multilateral agreements between destination and origin countries  Works closely with ASEAN  IOM and regional consultative processes (RCPs)

5  See, ‘ASEAN Norms and Setting The Agenda For The Rights of Migrant Workers’ in Nasu, H. and Saul B. eds., Human Rights in the Asia Pacific Region (Routledge 2011) Chapter 8  Within the ASEAN Community they straddle the Political-Security and Socio-Cultural

6  See Kneebone ‘Transnational labour migrants: whose responsibility?’ in Rubenstein, K. ed., Allegiance and Identity in a Globalised World (Cambridge University Press 2014)  Labelled as ‘foreign workers’  Their political status is defined by lack of connection to the ‘host’ state  Their lack of membership of the host community is explained by their ‘foreignness’

7  Restrictive integration policies  Focus on labour market rather than individual worker’s rights  They are transnational labour migrants who are frequently exploited in country of origin and at destination

8  See Kneebone ‘Introduction: Migrant Workers Between States: In Search of Exit and Integration Strategies in South East Asia’ (2012) 40 (4) Asian Journal of Social Sciences 376-391

9  A focus on regular migrants  Limited reference to human rights  Emphasis on creating a harmonious ASEAN community

10  Declaration on Migrant Workers juxtaposes the obligations of sending and receiving states  Rather than stressing the shared obligations of states in the region

11  Reflect political relations and the balance of power within the region  Declaration on Migrant Workers, Art 11, imposes an obligation on sending states to “enhance measures related to the... protection of the rights of migrant workers.”

12  Trafficked and smuggled persons  Refugees and ‘anticipatory’ ‘crisis’ migration – recognised in CMW  Common protection needs masked by conventional causation-based categories …

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