M. Kobayashi/EXILE IMAGES, Thailand

Chapter 5 - summary
Forced migration - forgotten disaster?

Over 175 million people now live outside their countries of birth – double the figure in 1975. Many are economic migrants, who may be fleeing poverty and severe deprivation. They are an important development resource for their home countries, remitting about US$ 80 billion per year to developing nations (compared to US$ 50 billion in world aid).

But while many opt to migrate, tens of millions are forced to flee life-threatening conditions at home. Largely unprotected by international laws and institutions, their plight is a forgotten disaster. The 1951 UN Refugee Convention protects only those who have crossed an international border and have a “well-founded fear of being persecuted” if they were to return home. There are currently around 16 million refugees worldwide. But many more, who flee war, natural disaster, violence or destitution are not usually considered refugees. Those who cannot cross a border remain 'internally displaced persons' (IDPs), numbering around 25 million worldwide. Their safety remains a major concern, since simply reaching them is often very difficult. An estimated 25 million more people have become ‘environmental migrants’, fleeing natural disaster or displaced by development projects – such as dam or road building. Up to 4 million fall victim each year to human traffickers.

The plight of millions of forced migrants raises serious ethical and legal questions. The Refugee Convention’s narrow definition fails to protect those who cannot prove they would suffer 'persecution' at home. While Convention refugees clearly deserve international protection, far larger numbers of forced migrants remain vulnerable and under-protected. The UN has developed guiding principles to help IDPs, but no UN agency is mandated to help them. National governments are technically responsible, but millions go unaided.

Meanwhile, asylum policies in the developed world seriously compromise the security and rights of refugees and migrants. Australia, for example, refuses boat arrivals of migrants and sends them to other Pacific countries for processing. Those seeking asylum in the North are routinely hampered by strict visa requirements, 'carrier' sanctions and very slow processing of claims. Authorities argue this discourages 'bogus' asylum seekers. But it also puts 'genuine refugees' at tremendous risk, by channelling them, along with other migrants, into the hands of smugglers. This in turn encourages organized crime and puts forced migrants at greater risk. If wealthy countries restrict asylum applications, less wealthy 'front-line' states – such as Iran or Pakistan, which have hosted millions of refugees for years – will be tempted to do the same. One solution to reduce the pressure on Northern asylum systems could be to issue economic migrants with work visas.

While rich governments spend billions of dollars on inefficient asylum procedures, their funding for far larger numbers of migrants in developing countries has declined to dangerously low levels. Funding shortfalls in 2002 meant that tens of thousands of African refugees suffered major cuts in food rations, resulting in higher malnutrition. The real 'asylum crisis' today is that too much money is spent keeping asylum seekers out of the North and not enough is spent helping them in the South.

Worst of all, up to 4 million men, women and children are trafficked worldwide each year. Exploited for their labour in sex trades, domestic service, sweatshops, agricultural production and restaurants, trafficked victims may be held against their will for long periods in slavery-like conditions. Migrants may willingly arrange to be smuggled into other countries, but then find themselves forced to work off the smuggling fees they have incurred – around US$ 50,000 to get from China to the United States.

Legal, educational and rights-based approaches help combat trafficking. Law enforcement can deter both criminals and employers. But penalties are often heavier for the victims than for traffickers themselves. Education strategies target would-be users of smuggling operations and the officials who come across such operations. Meanwhile, illegal migrants have the right to be protected from physical abuse and need witness protection to testify safely against their captors. They also need help to return home safely.

Since 11 September 2001, immigration controls have become much stricter. In the US, foreign nationals from 25 designated countries (mainly Islamic) are required to register with immigration authorities, raising concerns of discrimination. Inevitably, the instability that makes some countries safe-havens for terrorists also produces refugees fleeing those same conditions. Maintaining generous refugee policies in the light of terrorist threats is a challenge for all countries.

Once migrants arrive at their destination, their rights are often poorly protected. For example, the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families – due to enter force in July 2003 – has not been ratified by any ‘destination’ countries. Nevertheless, under customary law, governments are obliged to protect the rights of all people on their territory – whether there illegally or not. Detention of children is never justified – although the US, Australia, Canada and Britain all detain migrant children who fail the asylum test. Many countries need to implement active programmes to combat racism, xenophobia and discrimination.

In an increasingly interconnected world, multilateral cooperation is essential in addressing global migration. Few countries can erect sufficient barriers to stop unauthorized migration. And commitments to human rights conventions rightly limit a country’s options. Apart from refugees, there is no international regime to set rules regarding movements of people or to calculate the costs and benefits of migration. States’ obligations towards forced migrants have not been clarified. New, comprehensive legal frameworks and global institutions are badly needed.

The 1951 Refugee Convention is no longer enough to protect the full range of those forced to flee life-threatening situations. Progress in finding legal and humanitarian solutions is hampered by the lack of data identifying those in need. Serious consideration should be given to establishing a UN High Commissioner for Forced Migrants, which could ensure equitable treatment for all types of forced migrants.

In addition, the international community must restore adequate levels of funding to provide safe conditions for the majority of refugees who remain in developing countries. Developed countries can improve protection by offering resettlement opportunities and ensuring that any repatriation is voluntary and safe. Meeting these challenges is complicated by the twin threats of terrorism and trafficking. Combating these is in everyone's best interests, but security must not be used as an excuse to prevent forced migrants from reaching safety.

This chapter and box were contributed by Susan F. Martin, of Georgetown University, Washington DC, USA.