Argument: The U.N. Convention is the best available mechanism for addressing the widespread problem of migrant rights.

Because the issue of migrant rights is a global one, concerned with human rights and the domestic and international actions of states, a U.N. convention is an appropriate solution. The U.N. is the best body to act because although the situation for migrant workers may be slightly different in each state, there are basic rights that they all deserve. In addition, even if each state sought individually to protect migrant rights, they might not be able to, because governing migration takes coordination between states. With international legislation, states would be held accountable for protecting migrant rights; and, migrant policies and protections would be better coordinated. The international community has helped the global economy adapt to rising globalization, with such bodies as the World Trade Organization, the World Bank, and the International Monetary Fund. Migration is an essential part of globalization, but there is no international body regulating the flow of workers around the world. Jason Deparle of the New York Times writes, “The most personal and perilous form of movement is the most unregulated. States make (and often ignore) their own rules, deciding who can come, how long they stay, and what rights they enjoy." [1] The U.N. Convention would fill this gap.

Indeed, the U.N.’s solution to regulate migration represents a reasonable and thorough approach. It is reasonable because it does not ask too much of states, requiring only that they provide migrants with basic rights. It is thorough because it provides protection for each of the many challenges and injustices facing migrant workers. Because migrant rights are a growing problem and an essential part of globalization, an international regulatory body would be an effective way of improving human rights around the world.

[1] Deparle, Jason. "Global Migration: A World Ever More on the Move," New York Times. June 26, 2010. http://www.nytimes.com/2010/06/27/weekinreview/27deparle.html

Candidate 1: "Migration puts too heavy a burden on receiving countries, and it essentially means giving up on source countries. It is not a mechanism of the market, but rather an unfair system that takes money from taxpayers in certain countries and gives it to people in other countries. Not all aspects of migration are bad, but in addition to its workplace protections, the U.N. Convention would protect the right of immigrants to send money home. This would solidify the current unfair system (Article 47). Remittances are a short-term fix that come at a high cost for receiving and source countries. If migrants are not allowed to send home remittances, it is possible that the most skilled workers would stay in their home country and work to rebuild the economy for the long-term.

The supposed intangible benefit of “innovation and invention” is much less important than the real cost that these countries feel as a result from the unemployment and increased cost of health, education, and welfare systems that migrants cause."
Candidate 2: "Even seriously talking about full ratification of the U.N. Convention would actually cause international tensions. This is especially true in the European Union, which has tried to avoid the issue as much as possible. Stanley Pignal, of the Financial Times, calls migration “among the most sensitive topics in any of its 27 member states.” [1] Since its formation when it allowed for internal migration, the European Union has tried to avoid this difficult issue. Many of the protections that are proposed are very unpopular there, as well as in the United States. These include particularly the right of family reunification, and any measures that clear a path to citizenship for illegal immigrants. Even broaching the topic of the Convention would cause diplomatic fights between many of the world’s leading countries, who must stay friendly in order to keep a state of peace.

[1] Stanley Pignal, "EU faces threat to migration principle," Financial Times,September 28 2010 , http://www.ft.com/cms/s/0/46e8fc58-cb24-11df-95c0-00144feab49a.html ."
Candidate 3: "In most democratic, developed countries—which are those that receive the most immigrants—all people share equal rights in the workplace, as long as they immigrated legally. The workplace protections in the U.N. Convention that only apply to legal migrants. Ratifying the Convention would thus not make much positive change for migrant workers around the world.

The workplace protections in the U.N. Convention that apply to illegal immigrants are unjust, as migrants surrender the right to work when they come to a country illegally. Article 26, which provides the right to unionize, applies to all migrant workers, but countries cannot be expected to grant illegal immigrants these powers. People who broke the law to come to the country do not deserve these rights. In fact, because they usually come to work, the workplace is the ideal place to discover illegal immigrants. Not only are they not allowed to unionize, but they are not allowed to get paid. Workplace rights do not need to be strengthened for legal migrants, and they should not be for illegal migrants."
Candidate 4: "Even if the international community decided it wanted to better protect the human rights of migrants, an international treaty will not necessarily advance that cause, as international law has proven to be very difficult to enforce. This will continue to be a problem into the foreseeable future."
Candidate 5: "Migration is a problem; not migrant rights. Migrant rights are already protected under human rights law. If a nation violates existing international human rights law against a migrant, perhaps with exploitative working conditions, wrongful imprisonment, seizure of property, discrimination, or violence, existing international law already adequately protects them. There is no need to expand human rights law to create a separate category and separate protections for migrants."

Even if the international community decided it wanted to better protect the human rights of migrants, an international treaty will not necessarily advance that cause, as international law has proven to be very difficult to enforce. This will continue to be a problem into the foreseeable future.
