The Challenge of Global Migration – Human Rights, Security and Refugees

Prev Human Rights of Migrants Migrants, regardless of their legal status, are entitled to fundamental human rights as outlined in international human rights instruments. These rights include the right to life, liberty, and security of person; freedom from torture and degrading treatment; the right to work and fair wages; the right to education; and the right to health care. However, the reality for many migrants is that these rights are often not fully realised or protected. The debate in the United Kingdom as to whether the country should leave the European Convention on Human Rights is based on the notion that refugees or “illegal migrants” should not be granted the protection of human rights conventions. Legal and Policy Frameworks Several international instruments provide a legal framework for the protection of migrants' rights. The Universal Declaration of Human Rights (UDHR) affirms that all individuals, including migrants, are entitled to fundamental human rights and freedoms. The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) further elaborate on these rights. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW) specifically addresses the rights of migrant workers and their families. It emphasizes non-discrimination and the equal treatment of migrants, regardless of their legal status. However, not all countries have ratified this convention, limiting its effectiveness. Vulnerabilities and Challenges Migrants often face numerous challenges that put them at risk of human rights violations. These challenges include: Discrimination and Xenophobia: Migrants frequently encounter discrimination and xenophobia in host countries. Negative stereotypes and prejudices can lead to social exclusion, violence, and unequal treatment in employment, housing, and access to services. Migrant workers, particularly those in low-skilled jobs, are vulnerable to exploitation and abuse. This includes poor working conditions, unpaid wages, excessive working hours, and lack of access to legal recourse. Female migrants are particularly at risk of gender-based violence and exploitation. Irregular migrants often face detention and deportation, which can involve prolonged periods of confinement in poor conditions, lack of access to legal representation, and separation from family members. Detention can have severe physical and psychological impacts on migrants. Migrants, especially those without legal status, may have limited access to essential services such as health care, education, and social protection. This lack of access exacerbates their vulnerabilities and hampers their ability to integrate into the host society. The general response of developed countries to the public controversies over immigration has been to tighten access using immigration laws. This has perverse consequences because it means that those who do succeed in entering a country are reluctant to leave in case their re-entry becomes impossible. The ebb and flow of migrants of the past has been disrupted as migrants can no longer risk returning to their home countries. The hard clamp down on refugees, for example in the UK government’s attempts to “stop the boats” crossing the channel from France, empowers the criminal gangs that exploit these desperate people. As policies are directed as making everything more difficult to the point of unbearable for refugee labelled as “illegal migrants” and denying them even the option to apply for asylum after arrival gives further unwitting support to the criminal gangs and ensure that migrants remain in the country without any option to regularise their status.. Specific Groups at Risk Certain groups of migrants face heightened risks and challenges, including women, children, and undocumented migrants. Women migrants often face specific gender-based challenges, including discrimination, sexual and gender-based violence, and exploitation. They may have limited access to reproductive health services and face barriers to employment and education. Migrant children, whether traveling with their families or unaccompanied, are particularly vulnerable to exploitation, abuse, and trafficking. They may face difficulties in accessing education and health care and are at risk of being detained in inappropriate conditions. Undocumented or irregular migrants lack legal status and protection, making them highly vulnerable to exploitation, abuse, and human rights violations. They often live in fear of detection and deportation, which limits their ability to seek help and access services. International Responses and Initiatives The international community has recognised the need to address the human rights of migrants and has developed various initiatives and frameworks to protect them. The Global Compact for Migration The Global Compact for Safe, Orderly, and Regular Migration (GCM) was adopted in 2018 as the first intergovernmental agreement to cover all dimensions of international migration. It aims to improve migration governance, protect migrants' rights, and enhance international cooperation. The GCM outlines 23 objectives, including minimising the adverse drivers of migration, ensuring migrants have access to services, and strengthening the global response to irregular migration. United Nations Agencies Several UN agencies play a crucial role in protecting migrants' rights and addressing migration challenges. The International Organization for Migration (IOM) provides support to migrants, including emergency assistance, reintegration programs, and advocacy for migrants' rights. The UNHCR focuses on protecting refugees and asylum seekers, providing assistance, and advocating for durable solutions. Regional Frameworks Regional organisations also play a vital role in addressing migration and protecting migrants' rights. For example, the European Union has developed policies and mechanisms to manage migration and protect migrants within its member states. The African Union and the Organization of American States have also adopted regional frameworks to address migration issues and promote the rights of migrants. The European Migration Crisis The European migration crisis, which peaked in 2015, brought significant attention to the human rights challenges faced by migrants. Hundreds of thousands of people, primarily from Syria, Afghanistan, and Eritrea, undertook perilous journeys across the Mediterranean Sea to reach Europe. The crisis highlighted the inadequacies of the existing asylum and migration systems in Europe and the need for a more coordinated and humane response