Irregular migration and identity: More than just documents

The dangers of irregular migration are most often described as migrants being exposed to things like perilous routes, violence from criminals and potential traffickers.  And yes, data from the Missing Migrants Project indicate that the border between the United States and Mexico has become increasingly dangerous for people trying to avoid inspection. MMP has recorded a total of 1,907 deaths over the past five years, of which 444 occurred in 2018. 

Still, many do survive the crossing, only to meet dangers beyond the clandestine journey itself.  The reality is that large numbers of people make the trip successfully, but they arrive without a vital piece of their previous life: access to their identity.

A fundamental part of individual well-being is the proper connection between the individual and the nation state. This connection is established by law for nationals and migrants via the civil registry (or social security system in the case of United States citizens) and immigration law. Both systems issue forms of ID for various benefits for the people.  Thus, the individual is recognized under a country’s constitution, and can clearly access government protection as well as rights and services like political participation, education, employment or health care. At the same time, the individual can be held accountable to the state for various legal and administrative violations.

When people cross borders irregularly, they skip these processes entirely, breaking the connection between individual and state. In turn, this creates a subcategory of people who are unknown to the state.

This has several implications, but most importantly, it translates to vulnerability for people and states. Without recognition under the government, migrants live without the protection it entails, and without identity documents they fall into the informal economy, where they may be subject to exploitative practices.  At the same time, the informal economy grows with each new contributor and further erodes the relevance of the legitimate state.

The tendency in emerging economies is for governments to focus more on controlling peoples’ access to a migration status, but not necessarily their territory.  This is coupled with large informal economies. As a result, irregular migrants are mostly seeking access to a country’s territory and the informality, not access to migratory status.  In turn, this works towards the growth of inequality.

For some people, simply entering a country may be perceived as a “successful” migration, but without the identity management responsibilities of state and individual, how many obstacles will a migrant have to face the rest of their lives in that country? More vulnerable populations, such as children, may be trafficked or lost without anyone being able to verify their identity. They may end up as vulnerable in their destination country as they were during their journey.

Identity management should be improved collectively to avoid these issues.  A key action is to improve on policies that attract irregular populations to identify themselves to the state and for the state to have working methodologies to register people who may not be able to provide documentation.  Migration systems should not exacerbate vulnerabilities, but rather guarantee protection for migrants’ human rights.


Solutions to address the labor exploitation of migrant populations in Central America

Solutions to address the labor exploitation of migrant populations in Central America
Categoria: Labour Migration
Autor: Guest Contributor

Migrants face different challenges when they settle in their destination countries, including their entry into the labor force. Studies such as CEPAL (link in Spanish) indicate that irregular migrants are more likely to experience poor working conditions and be employed in low-skilled jobs. Including those who obtain a regular status, in some countries, migrants receive salaries below the average of nationals.

To better understand the labor conditions of migrants in Central America, the Central American Integration System (SICA), in conjunction with IOM and UNHCR, developed a baseline study on migration and displacement in the SICA region (link in Spanish), where they are addressed, among other issues, labor discrimination. The study indicates as a relevant finding that labor exploitation is often not conceptualized as a violation of human rights, but only as an administrative offense, which circumvents the corresponding penalty and facilitates the perpetuation of the issue.

According to the study, another consequence of the precarious work for most migrants in the region is the lack of access to social security. One the one hand, this is due to the economic cost involved, as they first need to obtain a regular immigration status which entails certain expenses. On the other hand, the more ‘informal’ that their employment is, the less likely it is to be connect to social security benefits.

The legislation and working conditions of people vary from country to country. To address the challenges of labor migration, the study by SICA, IOM and UNHCR (link in Spanish) proposes several courses of action so that states can collaboratively and comprehensively address the integration of this type of migratory flow including irregular migration, labor discrimination, social security and regional integration. Some of the actions recommended by the study are:

To discourage irregular labor migration

• Support countries in ratifying the ILO Migration for Employment Convention (No. 97) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), as well as adopting the ILO Migration Statistics Recommendations (No. 19).

• Analyze national labor markets to identify areas with deficits or surpluses of trained personnel.

• Strengthen the collection and exchange of information on the needs of labor markets, with approved regional variables.

 

To address labor discrimination

• Implement policies against discrimination and xenophobia.

• Strengthen instruments to ensure the protection of the rights of migrant workers.

• Promote mechanisms of social, labor, and cultural integration of migrants in destination countries.

 

To facilitate access to social security and the protection of migrants

• Support countries in the ratification of the Multilateral Social Security Agreement (link in Spanish).

• Promote internal legislation that protects migrants’ rights to social security.

• Design social security schemes that respond to the specific needs of migrants and their families.

 

To facilitate regional integration of labor migration

• Facilitate the exchange of labor migration information between countries in the region.

• Promote mechanisms (or include spaces in existing mobility agreements) that allow intra-regional labor mobility.

 

In addition to these key actions, the study includes contributions to address labor discrimination specifically with indigenous migrants and LGBTI + populations, who may experience a greater precariousness in their working conditions. This information can be accessed via this link (in Spanish).