An International Legal Regime for Undocumented Migrant Workers
Syed Refaat Ahmed
ISBN 984 05 1526 8 2000 278pp 215x136mm HB Tk.540.00 US$27.00
This book proposes an international legal regime on undocumented labor migration aimed at ensuring equitable, humane and lawful conditions of migration as well as protecting the rights of undocumented migrant workers. In this regard the book analyses the 1990 UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Also examined is the extent to which this Convention provides for components of regime creation, such as state responsibility, state accountability and the balance of interests, and the manner in which the Convention’s deficiencies may be overcome.
The study asserts that political will and the overwhelming sense of necessity instrumental in bringing about a negotiated agenda on undocumented migrants is hindered by the extra-Convention factor of unfavorable perceptions receiving and sending states have of each other’s policies on undocumented labor migration. The study finds the receiving states’ perception of a disproportionate burden imposed regarding the protection of the rights of undocumented migrant workers, without evidence of corresponding obligations undertaken by sending states to check clandestine emigration, as hindering the ratification of the Convention by receiving states. An argument is made for a consensus, made possible either at the initiatives of the United Nations or individual sending states, by highlighting steps taken by sending states to stem clandestine emigration as incentives for receiving states to assume Convention obligations.
In this regard, the study examines the policy responses of Bangladesh, a signatory to the Convention, to the clandestine emigration of its workers to Malaysia and India.
The multi-disciplinary analysis in the book is intended for enthusiasts and students of varied disciplines ranging from law to political history.
Syed Refaat Ahmed obtained his first degree in Law from the University of Dhaka. Thereafter he studied Law at Wadham College, University of Oxford, and International Relations at The Fletcher School of Law and Diplomacy, Tufts University.
Refaat Ahmed began his career as a lawyer with the London offices of the Bank of Credit and Commerce International S.A. Thereafter he worked for the United Nations High Commissioner for Refugees in its offices in Hong Kong and Washington, D.C. He is an Advocate of the Bangladesh Supreme Court.