International migration is an important feature of globalisation and nearly all nations are affected somehow as countries of origin, transit, destination or a mixture of these. According to data provided by the United Nations, Department of Economic and Social Affairs (UN-DESA) (2009), the estimated number of migrants worldwide in the first half of 2010 is approximately 213 million people. States are generally anxious to protect their borders and prevent unauthorised migration, and migrants experience abuse and violation of their fundamental rights (Edwards and Ferstman, Reference Edwards, Ferstman and Ferstman2010, p. 3). Elspeth Guild affirms that borders are not only those of protection, physically separating outsiders from insiders, but also ‘the dividing line of legal orders’ (Reference Guild and Grundy-Warr2007, p. 69). A dividing line can be drawn between immigration law and human rights law, between a state's right to regulate the entry and residence of non-nationals and its duty to confer rights upon them. Although important contributions made by migrants to the economy and society cannot be underestimated, migration has become a highly politicised issue, and thus the question of who has the right to enter and settle in the host country, and under what conditions, continues to be at the core of international and European agendas.

At the same time as migration has become an important political issue, in both the European Union and more broadly at world level, it is also a very relevant topic of research. There is a substantial body of international, European and national legislation which regulates the conditions of entry and residence of migrants, including their entitlements once they have been admitted. A core international human rights instrument, which applies to the whole migration continuum and provides a worldwide standard in terms of migrants’ access to fundamental rights in labour market, education, health and the courts, is the United Nations Convention on Migrant Workers’ Rights (ICRMW). Despite being a comprehensive measure reflecting the diffuse nature of migration policy, it suffers from a low ratification rate compared to other United Nations Conventions. European civil society plays a key role in supporting countries adherence to it: on the occasion of the twentieth anniversary of the Convention, the recent campaign ‘Europe, it’s Time to Ratify the Migrant Workers Convention’ was launched.

In this context, Migration and Human Rights – The United Nations Convention on Migrant Workers’ Rights is a unique contribution, as it offers an insight into the historical, political, legal and institutional reasons of why states are so reluctant to ratify this international measure. The Convention, adopted in 1990 by the UN General Assembly and implemented in 2003, is presently ratified by only forty-three states.Footnote ¹ Despite a group of European nations having played a key role in its drafting, it is mainly sending countries that have adhered to it: not one single major labour destination country has ratified the Convention. Yet its content is broad, it includes an ample range of human rights, civil, political, social and cultural, as well as defining who is a migrant worker. Relying upon an interdisciplinary perspective, this book, which consists of fifteen chapters authored by academics, NGO members and international policy-makers, presents an overview of the Convention and the rationale for its low ratification rate.

De Guchteneire and Pécoud (p. 2), in considering the raison d’ tre of the Convention, reflect on two features of migrants’ position in host societies that expose them to potential human rights violations: as non-nationals, and thus vulnerable, people, and as workers mainly in unprivileged sectors of the economy. ‘[T]heir already fragile situation’ (p. 3) is exacerbated by such factors as: mastering the language of the host state; unfamiliarity with the host legal and administrative systems; cultural and social practices; cross-border dysfunctions including the non-recognition of migrants’ qualifications and work experience; and racism, xenophobia and discrimination.

The lack of solidarity from nationals towards migrants’ poor working and living conditions derives from the tensions between their different ethno-cultural backgrounds as well as the climate of socio-economic uncertainty affecting many societies, which manifests itself in unemployment, labour market deregulation and decreasing resources for social security and welfare programmes.

In agriculture, food processing, construction, manufacturing and low-wage services (such as domestic work and home healthcare), migrants tend to accept extremely precarious living and working conditions that bring with them discrimination and exploitation (the so called 3-D jobs: dirty, dangerous and degrading, as described by De Guchteneire and Pécoud (p. 4)). Their vulnerability is further worsened by their lack of awareness of their rights.

It would seem self-evident that skilled migrants would be better off than their less-skilled counterparts and those belonging to a large and well-organised minority better supported than isolated ones. Yet the book suggests that any migrant has little input into policy-making processes, generally enjoys fewer entitlements or rights than nationals, and suffers from a ‘disjuncture’ between formal rights and their enjoyment in practice (Groenendijk, Reference Groenendijk2004). Thus the authors of the book regard the ICRMW not as the panacea for all problems and tensions but as a possible contribution to shifting policies and practices in different directions.

The book is divided into two parts: part one features chapters by international civil servants and human rights activists involved in the drafting of the Convention, and part two uses a case-study approach to research migrants’ rights in African, Asian, European and North American major destination countries.

Part one is divided into five chapters dealing with the history, content, scope and functioning of the Convention. Graziano Battistella (chapter two) distinguishes three developmental stages of international migration standards for migrants, two before the Convention and one after it. The first coincides with the post World War I period and is defined by Battistella as ‘the concerns without standards’ epoch. He calls the second, which matches the years following the end of World War II, ‘the standards without concern’ period. The final phase covers the preparation, drafting and ratification of the Convention itself. Battistella reflects on the fact that the Convention’s effectiveness as a legal instrument is strictly associated with countries of destination adhering to it in sufficient number to achieve the critical mass for other nations to join. Articulating the importance of the connection between rights-based policies and the ratification of this instrument is still a missing aspect of the debate on migration and human rights.

Since its adoption, mobilisation by civil society and NGOs in favour of ratification has been crucial; hence Grange and D’Auchamp (chapter three) trace their history, level of involvement, the effectiveness of their campaigning and their advocacy tools. They conclude that civil society’s endeavours to ensure ratification of the Convention are decisive in giving this instrument the attention it deserves.

Research suggests that NGOs, informal bodies and private institutions are now crossing the borders of nation-states, becoming ‘agents of rights infringements’ just as much as international organisations and supranational authorities (Palombella, Reference Palombella2009, pp. 443–44). Proper functioning of the ICRMW is ensured though by its monitoring body. Thus, Edelenbos (chapter four) analyses the functions and work of the Committee on Migrant Workers, the seventh UN human rights treaty monitoring body, established after the ICRMW came into force. Although its function is to assist states in complying with the Convention, its work could be fully effective and productive only if society completely supported the rights contained within the measure. To achieve such an aim, the Committee actively co-operates with NGOs, UN agencies and international organisations to promote the Convention.

Authored by Slinckx and based on a UNESCO-sponsored research project (p. 122), chapter five questions the protection of migrant workers in the overall UN human rights framework. The main issue raised is whether there is a need to have a specific Convention dealing with migrants and their families. Slinckx concludes that other multilateral treaties do not actually provide enough coverage of migrants’ rights.

Chapter six, entitled ‘The need for a rights-based approach to migration in the age of globalization’, calls for ‘a rights-based framework’ to protect migrants and regulate migration (p. 166). Drawing on his experience as co-ordinator of the global campaign for ratification of the ICRMW, Taran recommends its adoption and assigns to the social partners and migrants associations the role of its promotion and implementation (p. 164).

Part two consists of nine chapters providing an analysis of the rights of migrants as well as the obstacles to and prospects for ratification in a number of major destination countries.

Piper (chapter seven) focuses on Asia, characterised by diverse migration policies in East, South-East and South Asia. She analyses the major intra-Asian migration flows and discusses the specific obstacles to ratification in this region. Drawing on two empirical studies funded by UNESCO, she addresses, mainly from a social and political perspective and to a lesser extent from a purely legal perspective, the opportunities that would be created by its ratification. There is little understanding of the concept of extending rights to migrants and the ratification of multilateral instruments such as the ICRMW is highly contested. Amongst the sending countries, the Philippines and Sri Lanka have ratified it and Bangladesh and Indonesia have not.

Díaz and Kuhner (chapter nine) describe the role of Mexico in the ideation and ratification of the ICRMW and discuss the recent rise of Mexican migrants to the United States alongside the development of transit migration through Mexico. Mexico is one of the main promoters of the Convention and a major transit country for migrants attempting to reach the United States. The chapter highlights the violation of human rights covered by the Convention that occur in this country and calls for a move towards compliance with the Convention as encouraged by recent reforms. Díaz and Kuhner denounce the gravity of the abuses in relation to transit migration, specifically arguing for the need to ensure that migrants are not arbitrarily detained and women and children in transit protected.

Drawing upon documentary analysis of existing South African labour and human rights legislation as well as interviews with key informants in government, the private sectors, labour unions and NGOs, Crush, Williams and Nicholson (chapter ten) argue that failure to ratify the Convention is not rooted in any objection to it from the South African government. Steps were made post-apartheid to comply with major international conventions but the ICRMW remains unsigned and unratified. According to the authors, the reason needs to be found in post-apartheid policy. Despite being recognised as relevant, migration has not been placed at the core of the South African agenda. So far, it has not been researched, studied or planned. Crush, Williams and Nicholson argue that the government need to be made aware that the ratification of the Convention will not require the adoption of new laws, policies and regulation but only their reinterpretation.

Macdonald and Cholewinski in chapter fifteen analyse the obstacles to ratification of the Convention in six EU Member States (France, Germany, Italy, Poland, Spain and the UK) as well as a European Economic Area (EEA) country (Norway). They assess the compatibility of EU migration policy with the Convention’s provisions as well as the impact of this policy on the possibility of future ratification by the Member States surveyed. In general, they suggest that the potential impact on EU countries of the implementation of the Convention has been underestimated, in particular with regard to the level of social rights granted to migrant workers and their family members.

Chapters eleven to fourteen inclusive are devoted to a discussion of the implication of non-ratification in the UK, France, Germany and Italy. Ryan (chapter eleven) reviews the political debate in the United Kingdom, considering first the reasons for the government’s refusal to adhere to the Convention and then the growing support for ratification from NGOs and political actors, including trade unions, which have the power to influence public policy even in the absence of ratification. His conclusive remarks stress the fact that this instrument is accepted as ‘the authoritative statement of the minimum international standards with respect to migrant workers’ (p. 193). Oger (chapter twelve) analyses the impediments to ratification in France. The strongest obstacle here is political and lies ‘in the discrepancy between the rights-based Convention and the utilitarist [sic] and flexible current European and French policies’ (p. 321). Hillman and Von Koppenfels (chapter thirteen), basing their arguments on data gathered through interviews with governmental and non-governmental actors, consider that the reasons for non-ratification in Germany are twofold. The first is the feeling that migrants’ rights are adequately protected elsewhere and the second is the inclusion of undocumented migration workers in the Convention (p. 323). Touzenis (chapter fourteen), drawing on empirical evidence collected through interviews with trade unions, NGOs, politicians and academics, affirms that the main political obstacle to ratification in Italy is the granting of rights to irregular migrants. Within the changing context of this country from a place of immigration to one of emigration, the current debate, as highlighted by Touzenis, focuses on migration as a problem to be dealt with by applying restrictive measures (p. 358). However, this chapter is based on findings made between 2003 and 2005 that have not been updated with regard to either the legal framework or the political and social dynamics. Thus it does not take into consideration, for example, the (lack of) follow-up to the recommendations issued by De Mistura's Commission,Footnote ² implementation of the EU Directives and the recent measures on security (i.e. extension of the maximum period for pre-removal detention to six months).

To conclude, drawing on the authors’ involvement in the drafting of the Convention, their experience in campaigning for it and empirical evidence presented in the case-studies, the book identifies nine main obstacles to the ratification process. These hurdles relate to the broad interrelated themes of market forces, sovereignty and security, which dominate current migration policies. The first impediment is low awareness of the Convention, once considered ‘the best kept secret of the United Nations’ (p  14). The second barrier is the lack of trained policy-makers, coherent political strategy, institutional framework or infrastructure, as this complex treaty deals with very different fields of policy such as health services, labour regulations, the educational system and legal procedure. The third is administrative obstacles, specifically the necessary co-ordination between different actors and a number of ministries, and the possibly superfluous character of the Convention due to pre-existing Conventions and legislation, as administrative practices might have inhibited states from ratifying the Convention. A financial argument is the fourth factor, raised mainly by developing countries in relation to the costly measures stemming from their obligations under this treaty. The fifth objection relates to legal and political systems, as some of the provisions of the Convention are not compatible with national law, which would therefore need to be changed to comply with the instrument. Evolving migration dynamics and divergent political debates represent the sixth impediment. The call for states to prevent and regularise irregular migration and stop human trafficking, often ignored by other treaties, is considered the seventh reason for the marginalisation of the Convention. Non-ratification by leading industrialised countries is seen as an important feature of the international context, as governments dislike being isolated in the ratification process: this represents the eighth factor. Then the unfavourable and non-conducive climate in relation to migration is the ninth explanation for the states’ ambivalence towards the Convention.

In order to balance market forces, state sovereignty, security concerns and migrants’ rights, more comprehensive migration policies are invoked by the international community. Such a holistic approach is recommended by De Guchteneire and Pécoud and encompassed in the ICRMW, though there are two shortcomings of the Convention: it is a binding treaty, reversing today’s trend towards non-binding documents (i.e. guidelines, codes of practices) and it is monitored by the United Nations, the role of which in migration debates is often not valued by states (Martin, Martin and Cross, Reference Martin, Martin and Cross2007).

To sum up, the volume addresses the relationship between migration management and human rights, and foresees three possible options if ambivalence towards the Convention persists. The first is to consider this instrument as a ‘dead letter’, the second is to seek alternatives and the third is to redouble efforts to promote it until the number of ratifications increases. The third solution is the desirable one.

Although to some extent the research methodology suffers from a lack of consistency across the case-studies and is often not spelt out properly, this collection represents a useful source for scholars and practitioners interested in migration, human rights and integration studies within the international arena. The book brings together contributions from academics, policy-makers and NGO members relying upon an interdisciplinary perspective to discern the reasons for non-ratification of one of the eight core international human rights treaties.