We are all migrants. Migration – domestic or international – is the normal state of humanity, settlement being the exception, still now. It is how we cope with environmental threats, with political oppression, but also with our desire to create a meaningful future for ourselves and our children.
Migration has become a debated issue in many countries. Xenophobic discourse has been mainstreamed, gaining increasing social acceptance. Some extremist parties strive on an anti-immigration agenda and set the tone of the political debate on such issues. Anti-immigrant movements target particularly irregular migration which is considered as a threat to territorial sovereignty and national security. Irregular migrants are portrayed as vectors of criminality, insecurity and disease.
States have not yet found a constructive strategy to manage irregular migration. Priority is given to the strengthening of border controls and harsher deterrence measures. Repression aims at discouraging irregular migrants from crossing borders by making the cost of entry high, or the benefits low. Such measures are counterproductive. The tightening of migration laws and policies has led to a decrease in the legal opportunities for international migration, which in turn fuels irregular migration. Repression is not an adequate response since interception and interdiction have little impact on the flows of irregular migrants, while representing a huge cost in terms of budgets, human lives and dignity.
In this context, there is an urgent need for States to tackle the root causes of the phenomenon. Irregular migration is a response to employers who need “cheap labour”. In many economic sectors (construction, agriculture, hospitality...), businesses would often not be competitive enough if they didn’t exploit a vulnerable labour force which has little choice but to accept the conditions offered. Those migrants do not “steal” jobs because the jobs in question provide conditions that nationals would not accept: triple D (dirty, dangerous and difficult), low wages, no social security... Irregular migration comes then from the confluence of a job market that needs them at such low labour cost, migration policies that erect barriers to prevent them and development policies that failed to deliver on their promises. Collectively, States are co-responsible with the migrants themselves for irregular migration: pretending that the problem is “out there” and not also in our own economic structure is hypocrisy. Until we seriously fight exploitation by sanctioning employers of irregular migrants, fully applying labour standards to such migrants and meaningfully protecting such migrants from exploitation, instead of treating them as criminals, we won’t reduce irregular migration.
In their effort to tackle irregular migration, states need to take into account certain factors. First, undocumented migrants feel particularly vulnerable to threats of deportation: they generally will not call for the protection of the authorities, mobilizing politically would make them too visible and they benefit from little public sympathy. Second, although in violation of the law, irregular migration is not a crime in itself (neither against persons, nor against property, nor against national security) and States should stop using a discourse and creating policies that criminalize irregular migration. Third, “sealing the border” is a fantasy: in democratic states, borders are porous and “sealing” them would mean reaching levels of violence incompatible with true democracy and rule of law.
We all have a responsibility to ensure the respect for the human rights of migrants. According to constitutional and international human rights instruments, States have the obligation to protect the fundamental rights of all persons on their territory and they must take effective action to protect migrants against all forms of human rights violations. International instruments – such as the Convention on the Protection of the Rights of all Migrant Workers and Members of their Families – are essential tools that need to be widely ratified and their principles – often based on core rights such as the prohibition of discrimination or the right to access to justice – need dissemination and implementation. On this International Migrants’ Rights Day, I invite all those who wish for the recognition of the role that all migrants – including irregular migrants – play in our economies and our societies to mobilize in their favour. Migrants’ rights are also our rights.