Trans-national Migration

Trans-national Migration International College KhonKaen University 2012 Week 9 – Migration Processes: Irregular Channels

Migration Processes – Irregular • In Week 8 we looked at legal channels of migration – respecting all the laws and regulations of both source country and receiving country • Irregular migration refers to any cross-border movement or action which does not conform with both countries’ laws and regulations • We generally avoid the term “illegal migration” because many irregular migrants are forced by circumstance to migrate – they don’t choose to break the law

Migration Processes – Irregular • Irregular migrants include those who: • Enter another country without authorisation (no visa or entry stamp, when required) • Breach a condition of their entry visa or stamp • Do not have legal status because of loss of (destruction of) entry documentation • Other irregular migrants are clearly “illegal” because they break laws other than immigration laws

Migration Processes – Illegal Migration • The term “illegal migration” is most often used to describe three situations where a conscious decision is made to break the law: • People smuggling (the migrant and the smuggler act illegally) • Human trafficking (the organizer acts illegally) • Employment of illegal workers (the employer acts illegally)

Migration Processes – Irregular • As for legal migration, irregular and illegal migration are caused very largely by people from poorer countries seeking a better quality of life in more developed countries • Better quality of life can include: • More jobs and better salaries • Better educational and health services • Better housing and working conditions • Family reunification • Better protections for human rights, religious beliefs

Migration Processes – Irregular • Migrants generally decide to migrate by performing a cost/benefit analysis: • What are the costs and risks of migrating, in financial, social and security terms • What are the benefits, again in financial, social and security terms • What are the chances of success? • Most often migrants choose the legal channel if this is available because this offers the least risk (best security)

Migration Processes – Irregular • But for three main reasons, more and more people are being forced to migrate irregularly or illegally: • Because receiving countries are becoming more selective about who can enter, and conditions of entry • Because migrants don’t qualify for legal entry, the cost is too high or the delays are too long • Because of population growth, environmental disasters, poverty and income inequality

Irregular Migration – Economic Migrants • Other cost/benefit factors affecting the decision to migrate, even if this is illegal: • Geographic proximity • Border enforcement • Probability of arrest • Consequences of being arrested • Ease of illegal employment • Chances of future legalization • Chances of future family reunification

Irregular Migration – Economic Migrants • Irregular migration tends to become unstoppable when: • The financial rewards appear large because of a wide disparity in income levels • The risks of being caught, imprisoned or returned appear to be low • Any social benefits justify the risks, or social costs are acceptable given the financial benefits • Information sources are reliable so the migrant feels confident of making a sound decision

Irregular Migration – Economic Migrants • Globalization processes have contributed to irregular migration flows: • Major shifts in employment patterns, especially into higher-paid services jobs in developed countries • Major shifts in global pricing, especially reduced returns from agriculture • Improved ease and flow of communications • Lower cost and ease of travel • Increasing inequality of opportunity and rewards, especially for the poorly educated

Irregular Migration – Forced Migrants • Any of the “push” factors we looked at earlier can force a migrant to seek a safer life elsewhere: • War, including civil war • Persecution, ie. of a religious or ethnic minority • Environmental pressure, ie. regular floods, desertification or famine • Man-made disasters, ie. nuclear contamination, destruction of habitat, pollution

Irregular Migration – Family Migrants • Most developed countries have generous immigration policies or quotas to allow close family members of permanent residents or citizens to reunite • But most middle-income countries do not allow family members to immigrate legally • In addition, irregular and temporary migrants generally have no rights to bring in their families • Family reunification is a major factor in many irregular migration decisions

Irregular Migration – Processes • Most irregular migrants make no effort to obtain a passport or visa and immigrate across a land border or by hiding (in a ship, or container) • In countries where this is difficult, migrants can enter a country legally on a short-term tourist visa, then: • Undertake paid employment, and/or • Stay in the country beyond the allowed period • In both these situations, the migrant becomes “irregular” because of the breach of conditions

Irregular Migration – Processes • An irregular migrant has a choice between: • Staying on irregularly until he is ready to depart, or is detained • Applying for asylum or refugee status • Applying for regular status (normally only when an amnesty is offered, and only for a temporary period) • Every country has different ways of dealing with irregular migrants, but they always make it difficult so as to encourage use of the legal migration channel

Irregular Migration – Asylum Seekers and Refugees • Asylum seeker: • A person who seeks safety from persecution or serious harm in a country other than his own, awaits a decision on his application for refugee status under relevant international and national laws • Refugee: • A person who, “owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinions, is outside the country of his nationality”

Illegal Migration -Human Trafficking • The definition of human trafficking I gave you in Week 5: • The recruitment, transportation, harboring or transfer of a person by force, or by the threat of force, by deception, by fraud or by abuse of power • The main difference between trafficking and smuggling is that the trafficked person is not a willing partner – he/she is a victim of the crime • The other difference is that on arrival the trafficked person is not free

Illegal Migration -Human Trafficking • People trafficking is a crime under international law • It is a form of modern-day slavery: the trafficked person is deprived of their freedom and rights • Often the arrangement is structured as a work contract which is highly exploitative • Other times the arrangement is structured as debt bondage

Illegal Migration -Human Trafficking • Trafficking often has its roots in poverty, especially trafficking in children • Parents sell their children to pay off debts or gain income • Children may be sold to work, or for prostitution, begging, as illegal adoptions or even the removal of organs • Thailand is one of the world’s major source and transit countries for trafficking in women and children

Illegal Migration -People Smuggling • People smuggling: • Organizing and facilitating the illegal entry of a person into another country in exchange for payment by that person for the service • A smuggled person is a willing participant in the crime, but is often not fully aware of the dangers and risks • A smuggled person is generally free on arrival to pursue his/her own life (if not caught by the police)

Illegal Migration -People Smuggling • Smugglers are traders whose “goods” are people • Two famous groups of people smugglers are: • “Snakeheads”: Chinese gangs who smuggle people (mainly from Fujian) to many countries • “Coyotes”: the common term for smugglers operating along the Mexican/USA border • Smuggling networks may be long and complicated, or involve a single overnight border crossing or boat trip

Illegal Migration -People Smuggling • Like human trafficking, people smuggling is a transnational crime • It is made possible by: • Weak legislation in many countries • Weak border controls • Corrupt officials • Power of organized crime • Sympathy from human rights groups and NGOs for those escaping hardship and persecution

Illegal Migration –Trafficking and Smuggling • Human trafficking and human smuggling are growth industries offering attractive rewards • Both businesses have become entwined with other transnational crimes such as drug trafficking and money laundering • Between 300-400,000 people enter the US illegally each year • Another 800,000 enter the European Union each year • Other major destination countries: Canada, Australia, Russia and South Africa

Illegal Migration –Trafficking and Smuggling • Most countries are increasing their efforts to counter these crimes through global and regional initiatives • In 2000, the UN adopted the Convention Against Transnational Organized Crime (the Palermo Convention) which has 2 protocols: • Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children • Protocol against the Smuggling of Migrants

Illegal Migration –Trafficking and Smuggling • The main UN agency working to reduce trafficking and smuggling is the UN Office on Drugs and Crime (UNODC) • Other UN agencies involved: • ILO • UN Women • UNICEF • Office of the High Commissioner for Human Rights • Also many NGOS are active, especially the International Organization for Migration (IOM) • Progress is slow because the underlying pressure to migrate continues to increase

Trans-national Migration