Rights of Foreign Workers and the Politics of Migration in South‐East and East Asia

Abstract The issue of cross‐border migration in South‐East and East Asia is linked to the integration of regional, if not global, labour markets. The types of labour that are currently in demand have changed substantially since the 1990s in terms of (1) overall magnitude, (2) gender composition, and (3) increased diversification. This paper, however, focuses upon those workers classified as unskilled as they constitute numerically the largest and most vulnerable group. The challenges to provide adequate protection from, and prevention of, exploitative and abusive practices that seriously minimize the socio‐economic benefits for these workers are linked to migration policies and the issue of rights in the origin and destination countries. This paper's objective is to provide a broad outline of the emerging trends and issues revolving around contemporary cross‐border labour migration and the politics of migrants' rights in South‐East and East Asia, illustrated by the difficulties experienced with the ratification of the 1990 United Nations Convention on the Rights of All Migrants and their Families (ICMR). The data this paper is based upon were collected for a report commissioned by the United Nations Educational, Scientific and Cultural Organization (UNESCO) with fieldwork carried out in seven countries located in the Asia Pacific region. It is argued that ratification of the ICMR is obstructed by politics and by a lack of political will. A rights‐based approach to the protection of migrant labour is thus related to a number of macro and micro level issues, revolving around development and practices of “good governance” in addition to interstate relations. This means that the promotion of migrants' rights requires a holistic approach addressing national and transnational issues in an era of increasing mobility across borders.