Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEAN
The International Convention on The Protection of The Rights of All Migrant Workers and Members of Their Families (ICMW) is the only Human Rights Convention that distinguishes between normal and irregular migrants in great detail. An analysis of the situation in Malaysia, based on feedback from rele...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Hasanuddin University
2021-11-01
|
| Series: | Hasanuddin Law Review |
| Subjects: | |
| Online Access: | http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/3066 |
| _version_ | 1819025708101402624 |
|---|---|
| author | Saidatul Nadia Abdul Aziz Salawati Mat Basir |
| author_facet | Saidatul Nadia Abdul Aziz Salawati Mat Basir |
| author_sort | Saidatul Nadia Abdul Aziz |
| collection | DOAJ |
| description | The International Convention on The Protection of The Rights of All Migrant Workers and Members of Their Families (ICMW) is the only Human Rights Convention that distinguishes between normal and irregular migrants in great detail. An analysis of the situation in Malaysia, based on feedback from relevant stakeholders, shows that there are insurmountable obstacles to ratification in relation to the ambiguous policy status for migrant workers, which is based on ad hoc policies. Malaysian legislation appears to be straightforward in its approach to labour migration policies, as it defines and categorises migrants into two distinct ‘categories': registered migrant (regular migrant) and undocumented migrant (irregular migrant), regardless of ability level. This article demonstrates that, despite the barriers and incompatibilities with national laws, the Convention, which is primarily a human rights instrument aimed at protecting the fundamental rights of all migrants, could assist Malaysia in ensuring a holistic and sustainable migration management that takes into account the needs of a whole approach and support from all parties involved, including but not limited to the Malaysian government. Part I of the article will go through the history of the convention's adoption, followed by Part II on the state of Malaysia's migration laws and policies, Part III on the compatibility and incompatibility of Malaysian laws with the ICMW and the position in ASEAN, and Part IV on recommendations. |
| first_indexed | 2024-12-21T05:14:58Z |
| format | Article |
| id | doaj.art-c63578db9b744aba9bb33e950356a92b |
| institution | Directory Open Access Journal |
| issn | 2442-9880 2442-9899 |
| language | English |
| last_indexed | 2024-12-21T05:14:58Z |
| publishDate | 2021-11-01 |
| publisher | Hasanuddin University |
| record_format | Article |
| series | Hasanuddin Law Review |
| spelling | doaj.art-c63578db9b744aba9bb33e950356a92b2022-12-21T19:14:56ZengHasanuddin UniversityHasanuddin Law Review2442-98802442-98992021-11-017315016810.20956/halrev.v7i3.3066765Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEANSaidatul Nadia Abdul Aziz0Salawati Mat Basir1Faculty of Law, Universiti Kebangsaan MalaysiaLegal Office, Universiti Kebangsaan MalaysiaThe International Convention on The Protection of The Rights of All Migrant Workers and Members of Their Families (ICMW) is the only Human Rights Convention that distinguishes between normal and irregular migrants in great detail. An analysis of the situation in Malaysia, based on feedback from relevant stakeholders, shows that there are insurmountable obstacles to ratification in relation to the ambiguous policy status for migrant workers, which is based on ad hoc policies. Malaysian legislation appears to be straightforward in its approach to labour migration policies, as it defines and categorises migrants into two distinct ‘categories': registered migrant (regular migrant) and undocumented migrant (irregular migrant), regardless of ability level. This article demonstrates that, despite the barriers and incompatibilities with national laws, the Convention, which is primarily a human rights instrument aimed at protecting the fundamental rights of all migrants, could assist Malaysia in ensuring a holistic and sustainable migration management that takes into account the needs of a whole approach and support from all parties involved, including but not limited to the Malaysian government. Part I of the article will go through the history of the convention's adoption, followed by Part II on the state of Malaysia's migration laws and policies, Part III on the compatibility and incompatibility of Malaysian laws with the ICMW and the position in ASEAN, and Part IV on recommendations.http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/3066human rightsinternational lawmigrant workersmalaysiaratification |
| spellingShingle | Saidatul Nadia Abdul Aziz Salawati Mat Basir Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEAN Hasanuddin Law Review human rights international law migrant workers malaysia ratification |
| title | Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEAN |
| title_full | Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEAN |
| title_fullStr | Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEAN |
| title_full_unstemmed | Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEAN |
| title_short | Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEAN |
| title_sort | protection of migrant workers under the icmw incompatibility with malaysian laws and position in asean |
| topic | human rights international law migrant workers malaysia ratification |
| url | http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/3066 |
| work_keys_str_mv | AT saidatulnadiaabdulaziz protectionofmigrantworkersundertheicmwincompatibilitywithmalaysianlawsandpositioninasean AT salawatimatbasir protectionofmigrantworkersundertheicmwincompatibilitywithmalaysianlawsandpositioninasean |