Protection of Migrants Under International Law

People have immigrated for many reasons throughout history. If we look at reasons of migrations , people migrate to escape human rights violations such as torture and persecution, have better economic conditions or to reunite with their families. Firstly, we should learn definition of migration, migration is “a movement of a person or a group of persons, either across an international border, or within a State”(Taş & Özcan, 2018). So, do the migrants sufficiently protected in the international arena? In my opinion, although the governments concerned with the protection of migrants set conventions and sustainable targets in international law, I don’t think they fully achieve these goals. Confirms my opinion when looking at the death data on migrants every year.

While many people migrate by their own choice, some migrate by force ie some people must migrate for they are in danger their county. For instance, they migrate exposed to natural disaster or other negative factors. According to IOM World Migration Report 2020, number of international migrants are almost 272 million for 2019 year in the world. Moreover, according to UNHCR, number of forced migrants are 79,5 million for 2019 year in the world. Unfortunately, according to these numbers, many people in danger in the world and they are unhappy in their country for many serious factors. However these international migrants are exposed many discriminatory policys in their country of migration. “Actually, rights of migrant are guaranteed by international human rights law because migrants must live a life worthy of human dignity, like every human”(Storey, 2016). Besides, every state should pay attention about this subject. However, Many policies have been developed to protect migrants at the international level. For instance, The 2030 Agenda for Sustainable Development have one of the goals is migrants. the main principle of this agenda for migrants is “leaving nobody behind”. I believe that migrants will be better protected internationally with sustainable international migration policies. Migrants should benefit maximum standard of their rights under international law. If we analyze the rights migrants have in international law, first of all every migrants have right of life internationally and every states must provide this right and no migrant can be deprivation this right. According to international Covenant on Economic, Social and Cultural Rights, all state must behave Equal to migrants and no state must follow a discriminatory policy. Besides, according to ILO Declaration on Fundamental Principles and Rights at Work, everybody should behave equal to migrants at work. As a result, It has been stated that there will be no discrimination against migrants in social life, business life, education, health and many other areas. Other international protection of migrants is article 16 (4) of the ICRMW says, specifically protects migrant workers and their families from arbitrary individual or collective arrest or detention. Protection of migrants against Torture or Inhuman Treatment is a jus cogens and peremptory norm of international law. According to 1951 Convention relating to the Status of Refugees, Non-refoulement is main element of refugee law and non-refoulement is a universal human right. “However, if we describe the purpose of the contract, 1951 refugee convention is an instrument setting out the duties of individual states towards refugees”(Stevens, 2020). “Besides, this is accepted in human rights treaties such as Article 3 of the Convention against Torture and Article 22(8) of the American Convention on Human Rights” (Teresa& Bazo, 2015). Moreover, The right of non-refoulement is binding a rule for also migrants ie this right may be interpreted more broadly. If a migrant is exposed to serious human rights violations, state has obligation of non-refoulement.

If we look other rights of migrants, American Convention, and Article 22(1) of the ICRMW prohibits the collective expulsion of migrants. Besides, the ICRMW and ILO conventions protect against labor exploitation to migrants and Article 11 of the ICRMW prohibits slavery and forced labor. We told of many rights of migrants in international law but I think we should discuss about question of do these rights apply in real life? ie “how we protection of migrants internationally in real life ?” Firstly, we can tell of IOM. IOM founded in1951, it aims to policy of migration is regular and humane and it try to find practical solutions about “migration problems”. Besides, IOM founded “I am a migrant” platform for we can better understand the problems of migrants. It is beneficial to have such organizations globally because when looking at the data, it is clear how high the number of international migration is. International movements of migrants and refugee affect all UN Member States that’s why In 2016, the UN General Assembly convened a important meeting on addressing large movements of migrants and refugee. Moreover, UN Member States accepted commitments, known as the New York Declaration for Migrants and Refugee.

The New York Declaration aim to protecting the dignity , safety and fundamental freedoms and human rights of all migrants. Besides, sustainable positive contributions of migrants were acknowledged. In consequence of New York Declaration, UN Member States accepted to work together to develop the Global Compact for orderly, safely and Regular Migration, adopted at an inter-governmental conference on international migration in 2018 in Morocco. The GCM include such as impower labour rights for migrant workers and improving migration data as a basis law. The Global Compact is the first inter-governmentally negotiated agreement for immigrants in the international sense. This situations affect positively to migrants in all respects, but in real life, the promises made by governments are expected to be followed. I think, International migration is rise around the world and qualified migration policies are needed in order for migration plans to be organized and healthy. Intergovernmental cooperation is needed in the international protection of migrants. To give a current example, also migrants are affected negatively by covid-19, which has become a major problem in the world. Millions of migrants haven’t income and homeless. Besides, because of the restriction, they can’t return to their homes and they are subject to human trafficking and exploitation. An epidemic cannot violate the basic human rights of migrants. Moreover, covid-19 poses an obstacle to improving immigration rights. This epidemic can’t be used as an excuse by states and it shouldn’t prevent states their obligations to migrants. This situation is in violation of international law. Because states force to return migrants to their countries although it can’t be a legal process. Furthermore, detention conditions in crowded places pose a great risk among migrants. For these and many other reasons, migrants are faced with violations of international law. We told about many conventions and organizations for migrants in international law such as, 1951 Refugee Convention, 2016 New York Declaration, 2018 Global Compact on Refugees, 2018 Global Compact on Safe, Orderly and Regular Migration. Unfortunately, It can’t be said that migrants have a very positive effect on their current situation. Besides, we can support that the protection of international migrants isn’t enough with the examples below; According to the UN Migration Agency (IOM), more than 3,000 people died or lost on the migration routes this year. Most of the immigrants who disappeared areb exposed to sexual and physical violence, kidnapping exploitation and extortion. Especially, children are particularly vulnerable to these risks. “According to Secretary-General António Guterres, ‘The Global Compact for Migration emphasizes that collaboration is fundamental to addressing human mobility’”(Green, 2015). Here, it is emphasized that in order for global compact migration and similar international agreements to achieve their goals, first of all, intergovernmental migration policies should be in unity.

In conclusion, it is not enough for states to protect the international movements of migrants by only accepting contracts or organize organizations. Contracts need to be used more effectively e.i. application is very important here. Actually every states have obligation to protect immigrants that’s why More organizations needs to be done in international law to create this awareness. Besides, fundamental laws should also be applied. In my opinion, only this way can the protection of migrants in international law be realized in an adequate sense.

Bibliography

Green, C. (2018). “6 FACTS ABOUT MIGRATION YOU SHOULD KNOW”. UNITED NATIONS FOUNDATION. (https://unfoundation.org/blog/post/6-facts-about-migration-you-should-know/)

International Justice Resource Center. “IMMIGRATION & MIGRANTS’ RIGHTS”. (https://ijrcenter.org/thematic-research-guides/immigration-migrants-rights/)

Stevens, D. (2020). “What Do We Mean by Protection?”. Published by: Brill.: (https://www.jstor.org/stable/24675883)

Storey, L. (2016). “The Meaning of “Protection” within the Refugee Definition”. Oxford Academic. (https://academic.oup.com/rsq/article-abstract/35/3/1/1752852 by Istanbul University Library user on 29 December 2019)