INTRODUCTION
International Migration occurs when people cross boundaries or stay in host countries for a limited period. It has emerged as a serious issue, resulting in economic disparities, armed conflicts between nations, and environmental changes. As per the United Nations, “the global number of international migrants was estimated to be 281 million”[1]. As a result of this, complex legal and ethical issues come to the larger front.
Governments engage in balancing their sovereign rights to control borders with their obligations to uphold human rights under International law. This matter forms the issue of debate regarding international migration. These migrants are often a group of refugees fleeing war; or migrants who migrated due to some economic reasons.
The problem of migration has become a global concern. To address this problem, various frameworks have been structured and come into force. These frameworks upheld the human rights of migrants while trying to balance the sovereignty of a state. However, some gaps may exist in these frameworks that need certain amendments and a balanced approach to migration governance.
INTERNATIONAL LEGAL FRAMEWORKS GOVERNING MIGRATION
A large number of treaties, conventions, and agreements are involved in governing international migration. These frameworks include:
The 1951 Refugee Convention: This convention defines a refugee in Article 1[2] as a person who “As a result of events occurring before 01 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”
This Convention also establishes the principle of non-refoulement that prohibits countries from returning refugees to territories where their life or freedom is in danger. It also includes some other provisions such as refugee rights, and state obligations. The 1967 Protocol removed the existing restrictions making the convention universally applicable to migrants all over the world.
The Universal Declaration of Human Rights: Article 14[3] of this act says that “1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or acts contrary to the purposes and principles of the United Nations.” While Article 14 lays the foundation for the right to asylum, it is not legally binding as UDHR itself is a declaration, not a treaty.
The Global Compact for Safe, Orderly, and Regular Migration: This is the first international framework designed to address all dimensions of international migration. This is not legally binding. This promotes enhanced global cooperation between countries.
DIFFERENTIATING CATEGORIES OF MIGRANTS
All the migrants do not fit in a single criteria of migration. The legal protection available to them will depend on their category.
Refugees: They are individuals who flee their country due to fear of discrimination on race, religion, nationality, or political opinion. They are protected under the 1951 Refugee Convention.
Asylum Seekers: Asylum seekers are individuals who applied for refugee status but their claims are still being accessed by the host countries.
Economic Migrants: These individuals voluntarily move to another country for better living standards and economic opportunities. They are usually protected by international law.
Climate Migrants: These migrants are forced to leave their homes due to environmental changes such as rising sea levels, desertification, or other weather conditions. They are not recognized under existing legal frameworks.
STATE SOVEREIGNTY AND IMMIGRATION POLICIES
State Sovereignty is a fundamental principle of international law. A country can control its borders and regulate the entry, stay, and removal of non-citizens. However, state sovereignty often stays unbalanced with international obligations, especially the protection of human rights and refugees.
International treaties have a role in limiting state sovereignty in areas relating to migration. According to the 1951 Refugee Convention, states cannot return refugees to territories where their life or freedom is threatened. Several treaties and declarations protect migrants from abuse, exploitation, and discrimination. Inhumane treatment of migrants is prohibited globally.
Migration policies often address national security concerns. These policies include provisions preventing the entry of criminals or individuals posing security threats. Labour migration is regulated to help protect the local economies. Providing the migrants with enough health screenings.
However, restriction in excess can cause human rights violations. They can result in excessive use of force at borders. Exploitation of migrants including children can become a problem. A state should make policies that prioritize state security without undermining the human rights of migrants. A single country cannot address a global concern like international migration. Therefore, the frameworks promote global cooperation and responsibility in managing these problems.
HUMAN RIGHTS CHALLENGES IN MIGRATION
Migrants in their journey often face discrimination, exploitation, and abuse. Their journey is enriched with vulnerabilities that need urgent attention under the international framework.
- States often have militarized border control which violates the human rights of migrants as they use force. The principle of non-refoulement is violated as migrants are sometimes forcibly sent back to their countries.
- Mostly, migrants including children are detained for a prolonged period. This further raises concerns for their physical and mental well-being.
- Migrants are exploited by trafficking networks through forced labour, sexual exploitation, and other forms of abuse.
- It becomes difficult for the migrants to seek justice or protection from discrimination, exploitation, and other abuse due to language barriers, lack of legal aid, and discrimination.
REFORMS FOR IMPROVING MIGRATION GOVERNANCE
Certain reforms can be adopted for a balanced approach to migration governance:
- International cooperation and responsibility should be promoted. All states should be encouraged to adopt and follow the frameworks.
- More opportunities for regular migration should be created to reduce irregular migration flows.
- Frameworks should recognize new categories of migrants and provide legal protection for unrecognized migrant categories such as climate migrants and other vulnerable groups.
- Certain mechanisms should be established to monitor and address violations at borders and detention centers.
CONCLUSION
International migration is emerging as one of the biggest issues of our world in the present. There are several frameworks for migration, they define refugees, and state certain refugee rights that help protect the migrants and help them lead a better life. However, these rights can interfere with state sovereignty. So, a balance between state policies and the human rights of migrants should be maintained for better cooperation.
There exist several challenges in migration. The migrants may face discrimination, exploitation, and other forms of abuse. It may be difficult for them to seek justice because of several reasons. Due to the existence of these issues, several reforms can be taken to help improve migration governance. A balance between state sovereignty and the human rights of the migrants should be promoted through international cooperation to help migrants reach a better place.
Author(s) Name: Akshpreet Kaur (University Institute if Legal Studies, Panjab University, Chandigarh)
References:
[1] ‘International Migration’ (United Nations) <https://www.un.org/en/global-issues/migration> accessed 26 January 2025
[2] Refugee Convention 1951, art 1
[3] The Universal Declaration of Human Rights, art 14