A study commissioned by the International Organisation for Migration finds that many migrants are exposed to human rights abuses, but the vulnerability of migrants to these abuses has failed to receive adequate attention.
Geneva: Many migrants are exposed to human rights abuses and despite significant strides in protection of human rights in general, the vulnerability of migrants to these abuses has failed to receive adequate attention, says a new study by the International Organisation for Migration (IOM). The study was undertaken by Bimal Ghosh, Emeritus Professor at the Colombian School of Public Administration, for the IOM.
It finds that the seemingly relentless pressures for emigration, juxtaposed against an increasingly restrictive climate for entry in the destination countries, have sharply enhanced the potential risks of human rights abuses against migrants.
The study argues that nation-states have an ethical duty as well as citizen-centric self-interest in defending these rights through both individual and collective action. It also stresses on the need for human rights groups and migrant-serving associations to cooperate and coalesce.
At a press briefing, Ghosh said that the protection of migrants' human rights is a major issue as a large number of people are involved. Currently, there are 175 million migrants globally. One in every 34 persons in the world is a migrant. In the industrial countries, the ratio is higher at 1 to 10.
The annual flow of migrants is also rising at a faster rate than ever before. Today, every minute at least
10 people are crossing borders around the globe, not including tourists, short-term visitors and others not normally counted as migrants.
Ghosh stressed that most migrants are vulnerable in that they do not have the same protections under national laws that are enjoyed by domestic groups such as indigenous communities. The position of migrants has become unclear at the national level since the main responsibility of states is to protect its own citizens, he said.
However, Ghosh said that states should be concerned with the protection of the human rights of migrants who are non-nationals. Apart from the ethical argument that the human rights of every individual are important, there is also the question of reciprocity, he emphasised.
He cited a survey which found that nearly a quarter of over 90 countries surveyed were found to be both receiving and sending countries of migrants. 'If you do not protect migrants in your country, your nationals in foreign countries could be also vulnerable,' he said.
For migrants or non-nationals, the rights and entitlements themselves have yet to receive full or unequivocal recognition in law. Despite this handicap, many migrants are exposed to a second layer of vulnerability due to poverty, lack of education and skills, and gender discrimination.
The additional vulnerabilities of migrants stem not just from their lack of familiarity with local conditions, but also often more importantly, from a 'built-in bias in the receiving society against foreigners, especially when they belong to a different cultural, religious or ethnic group'.
Another constraint impeding migrants' full enjoyment of human rights is the failure of a number of countries to ratify all the main international human rights instruments or those specifically applicable to migrant workers. The 1990 UN Convention on Migrant Workers and Members of their Families, for example, took 12 years since its adoption to secure the necessary 20 ratifications to make it operational.
Globalisation has contributed to an unprecedented expansion of the informal sector, almost everywhere, including in the industrialised countries. Less competitive industries, marginal firms and many family enterprises with low productivity strive to survive in this sector with the help of cheap, docile and often irregular immigrant workers.
The study highlights migrants in special situations where the risks of human rights violations are much higher. These include migrants as victims of human trafficking; refugees and asylum seekers; and migrants and migrant workers during armed conflicts.
The study also takes note of the situation in many countries post-September 11, whereby these countries have imposed restrictions on certain freedoms and civil liberties as part of anti-terrorism campaigns.
'Most of these measures apply to all, but migrants, including long-term foreign residents and even those who are naturalised citizens, seem to be among the worst sufferers,' the study notes.
The study also highlights new laws and measures in the US after 11 September that, despite official denials of racial profiling, resulted in Arabs from the Middle East and North Africa and even US citizens of Arab origin coming under close scrutiny. According to Human Rights Watch, some 1,200 non-citizens were secretly arrested with 752 of them being incarcerated.
Incursions on civil liberties in general, but affecting non-nationals in particular, have also become noticeable in most West European countries, including Germany, Italy, Spain and the UK, as well as at the EU level, the study notes.
The anti-terrorist campaign in the US has thrown a new challenge to activists fighting for migrants' human rights. 'The fight against terrorism is not a fight against immigrants. All migrants are not terrorists, nor are all terrorists migrants,' Ghosh said. - Third World Network Features
About the writer: Kanaga Raja is a researcher with Third World Network, based in Geneva.
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