移徙工人:联合国《移徙工人公约》下的避风港在哪里?

D. Okeowo
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引用次数: 1

摘要

移徙工人在全球化世界中的重要性怎么强调都不为过。然而,令人遗憾的是,多年来移徙工人在其原籍国受到不同程度的有辱人格和不人道待遇。正是为了纠正这种情况,联合国于1990年12月通过了《保护所有移徙工人及其家庭成员权利国际公约》。的确,这项《公约》在确立移徙工人权利和确保这些权利得到保护和尊重的努力的历史上翻开了新的一章。尽管1990年通过了这项条约,但全球事件继续表明,过去的不人道待遇继续使世界各国移徙工人的生活难以忍受。令人极为关切的是,世界上大多数发达国家,特别是加拿大和美国拒绝批准这项公约。有鉴于此,没有它们的批准,该公约能否取得任何形式的效力是值得怀疑的。本文将深入探讨这项公约所载的权利。它将对《移徙工人公约》的一些条款进行分析,目的是评估移徙工人根据《移徙工人公约》获得的权利和保护水平。报告审查了一般国际人权法规定的移徙工人作为外国人的权利,以及国际劳工组织和联合国为保护他们所作的具体努力和采取的措施。该文件将列出MWC的弱点,并就如何纠正这些弱点提出建议。大多数发达国家都把这些弱点作为拒绝批准这项公约的理由。本文将审查这些主张,同时分析如果联合国打算赋予MWC一些效力和接受度,应采取的适当步骤。此外,该文件将对正在进行的批准这一重要条约的全球运动发出自己的声音。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Migrant Workers: Where Lies Their Haven under the United Nations' Migrant Workers' Convention?
The importance of migrant workers in a globalized world cannot be over-emphasized. Sadly however, migrant workers have over the years fallen victim of different levels of degrading and inhuman treatments in their countries of vocation. It was in order to correct this situation that the United Nations in December 1990 adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (MWC). Indeed, this Convention opened a new chapter in the history of efforts to establish the rights of migrant workers and to ensure that these rights are protected and respected.Despite the adoption of this treaty in 1990, global events continue to show that the inhuman treatments of the past have continued to make life unbearable for migrant workers in different countries of the world. Of great concern also is the fact that most developed countries of the world, especially Canada and the United States have refused to ratify this convention. In the light of this, it is doubtful whether this convention can achieve any form of effectiveness without their ratifications.This paper will take an in-depth look into the rights enshrined in this convention. It will engage in an analysis of some articles of the MWC with the aim of appraising the level of rights and protection offered to migrant workers under it. It examines the rights of migrant workers as aliens in general international human rights law as well as the specific efforts and measures of the International Labour Organization and the United Nations in affording them protection. The paper will draw out the weaknesses of the MWC while offering suggestions on how these weaknesses can be rectified. Most developed countries have cited these weaknesses as their reasons for refusing to ratify this convention. This paper will examine these claims while analyzing the appropriate steps to be taken if the United Nations intends to confer some effectiveness and acceptance on the MWC. Moreover, the paper will be lending its voice to the on-going global campaign for the ratification of this important treaty.
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