Source: Hindustan Times

Introduction

A plane carrying 303 Indians to Nicaragua was stopped in France, bringing attention to the issue of illegal migration from India. Two people involved in the operation have been detained, and 25 passengers, including two minors, have requested asylum in France. The remaining 276 passengers have returned safely.

Investigations are underway to uncover details about the network that facilitated the travel, involving touts, travel agencies, ticket and visa procurement, route planning, and aircraft arrangement. The alleged final destination through this donkey way was the US, even though the passengers only had a Nicaraguan visa.

What is Illegal Migration?

• Illegal migration refers to the movement of individuals across national borders without the required legal documents or in violation of the immigration laws of the destination country.
• It encompasses a diverse range of situations, including economic migrants seeking better opportunities, refugees fleeing persecution, and displaced persons escaping conflict or environmental disasters.
• The legal status of these migrants is one of the central concerns, as it determines the rights and protections afforded to them under international law.

What are the International Laws for Illegal Migrants?

• The scope of multilateral treaties or conventions dedicated specifically to migration is limited, addressing distinct migration scenarios that have garnered international attention over time.
• These include the rights of migrant workers and their families, rights of refugees, as well as issues related to human trafficking and the smuggling of migrants.
• Recognizing the need for a more comprehensive approach, the United Nations endeavored to address the rights of irregular migrant workers and their families through the 1990 Convention on the Rights of All Migrant Workers and Their Families.
• Faced with the shortcomings of a rights-based approach, the United Nations General Assembly (UNGA) responded in 2016 with the New York Declaration for Refugees and Migrants, paving the way for the non-binding Global Compact for Safe, Orderly, and Regular Migration in 2018, a collaborative intergovernmental effort.

What is the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families?

• It was adopted on 18^th December 1990 by General Assembly resolution 45/158.
• It desired to establish norms which may contribute to the harmonization of the attitudes of States through the acceptance of basic principles concerning the treatment of migrant workers and members of their families.
• It covers 93 Articles which provides protection to recognized migrants.
• Article 9 states that the right to life of migrant workers and members of their families shall be protected by law.

What are the Challenges Faced by Illegal Migrants?

• Lack of Protections:
  • Illegal migrants often find themselves in precarious situations, lacking the legal protections and rights accorded to regular migrants.
  • This includes the right to work, access education, and receive healthcare.
  • Their vulnerable status makes them susceptible to exploitation and abuse, both by authorities and unscrupulous employers.
• Detention and Deportation:
  • States, facing the challenge of managing unauthorized migration, often resort to detention and deportation measures.
  • However, these practices can infringe on the rights of migrants, particularly when they are not afforded due process or when they face the risk of persecution or harm upon return.
• Discrimination:
  • Illegal migrants are frequently targets of discrimination and xenophobia, as they are perceived as threats to local economies, culture, or security.
  • This hostile environment exacerbates their vulnerability and hinders their integration into the host society.
• Human Trafficking:
  • The lack of legal pathways for migration can drive individuals into the hands of human traffickers who exploit their desperation.
  • Human trafficking, a grave violation of human rights, often involves coercion, deception, and exploitation, further highlighting the urgent need for a comprehensive legal framework.

Conclusion

Illegal migration under international law remains a complex and contentious issue, presenting challenges for both migrants and states. As the world continues to grapple with the implications of human mobility, there is a pressing need for a comprehensive and rights-based approach that balances the sovereignty of states with the protection of individual rights. The evolution of international perspectives towards migration reflects a growing awareness of the interconnectedness of global challenges and the importance of cooperation in finding sustainable solutions.