JEAIL > Volume 3(2); 2010 > Issue Focus
Research Paper
Published online: November 30, 2010

Migrant Workers' Rights and Status under International Law: the Asian Experience

Patricia R.P. Salvador Daway
University of Philippines College of Law, The Philippines
U.P.College of Law Malcolm Hall, Diliman, Quezon City, The Philippines.
Corresponding Author:

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.


The importance and extent of the migration phenomenon, affecting as it does huge numbers of people the world over cannot be overemphasized. Coming from third world countries, poverty-stricken and strangers in foreign lands, migrant workers irrespective of country of origin indeed become vulnerable to oppression and exploitation and all kinds of abuses. The question that needs to be addressed continues to be whether or not the existing ILO Conventions and Recommendations as well as the core international human rights treaties together with the International Convention on Migrant Workers have been adequately implemented in order to effectively address the problems related to the promotion and protection of migrant workers' rights. Given the flood of unabated reports and complaints of abuses and exploitation that migrant workers the world over have to suffer and contend with, the answer is quite obvious. While bilateral and multilateral agreements continue to serve the specific concerns of sending and receiving States pertinent to the protection of the rights of migrant workers, the real need is for a continent-wide forum in Asia which can eventually consolidate all mechanisms and measures that will promote and protect the rights of migrant workers in a truly comprehensive and integrated manner.

Keywords : Migrant Worker, ILO, IOM, ICMW, AsianSLL, International Human Rights Law, Task Force on ASEAN Migrant, Integrated Comprehensive Regional Approach

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