IRREGULAR MIGRATION: AN OVERVIEW

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IRREGULAR MIGRATION AN OVERVIEW

• Migration, Globalization, Security and
  Development
• Rajendrapur, 18-29 November 2005
• Maruja Asis-Scalabrini Migration Center

2
The Language of Irregular Migration

• Migran gelap (shadow migrants) Bahasa
• TNT (tago ng tago) constantly in hiding
  Philippines
• infiltrators India
• Immigration violators
• Errant employers
• Smugglers
• Traffickers

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The Language of Irregular Migration

• Popular terms, e.g., ILLEGALS, tend to
  criminalize migrants.
• Resolution 3449 (December 1975), UN General
  Assembly non-documented or irregular migration.
• Undocumented migration is limited to those
  without travel /or work documents many
  irregular migrants carry documents.
• More recently unauthorized migration
• GCIM, 2005 Migrants in an irregular situation.

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The Challenge of Irregular Migration

• Irregular migration is everywhere just as
  regular migration has become widespread.
• Data on irregular migration - difficult to
  obtain.
• Estimates of irregular migration (GCIM Report,
  200585)
• 2.5-4 million cross international borders without
  authorization yearly
• 5 million of Europes 56 million migrants in 2000
  had irregular status
• some 500,000 undocumented workers arrive in
  Europe yearly
• about 10 million migrants are in an irregular
  situation in the US

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The Challenge of Irregular Migration

• Irregular migration is also substantial in Asia
• At least 1.2-1.6 million migrants (ca.
  2004-2005)in an irregular situation in SE Asia
  and E Asia
• In S. Korea, Malaysia and Thailand, irregular
  migration is larger than authorized migration.
• Lower estimates in 2004-2005 due to crackdowns
  repatriations in the past, 1/3 of total
  migration is unauthorized
• The problem of unauthorized migration prompted S.
  Korea Thailand to introduce the work permit
  system in 2004
• Seemingly intractable geography, history,
  cultural similarities (most notable for
  neighboring countries Malaysia Indonesia
  Thailand neighbors Korea and China)

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SOUTHEAST ASIA
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South Asia
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The Challenge of Irregular Migration

• Concerns arise from different interests
• As a migration issue focus on movement
• Countries of origin exit regulations
• Countries of destination border control
• As a security matter magnified since Sept 11,
  2001
• As a labor issue
• What about the labor rights of unauthorized
  migrant workers ?
• As a human rights issue
• Unauthorized migration-asylum nexus
• Difficult to promote the idea that unauthorized
  migrants have rights

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What Is Irregular /Unauthorized Migration?

• Irregular migration is a departure from the
  migration norms of the country of origin,
  transit, or destination. These norms concern
  exit, entry, employment and residence (Ghosh,
  1998).
• Irregular migration is not necessarily a fixed
  status.

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Shifting Legal Status vs. Either/Or

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Irregular Migration vs. Trafficking vs. Human
Smuggling

• IRREGULAR MIGRATION DEPARTURE FROM NORMS AND
  REGULATIONS OF COUNTRIES OF ORIGIN, TRANSIT OR
  DESTINATION.
• TRAFFICKING, A MORE SPECIFIC, VIOLENT, AND
  ABUSIVE FORM OF IRREGULAR MIGRATION.
• TRAFFICKING IN PERSONS RECRUITMENT,
  TRANSPORTATION, TRANSFER, HARBOURING OR RECEIPT
  OF PERSONS BY FORCE OR NOT FOR THE PURPOSE OF
  EXPLOITATION. (PROSTITUTION, FORCED LABOR, FORCED
  MARRIAGE)
• UN PROTOCOL, 2001 DEFN SOME CONSENSUS ON THE
  DEFINITION
• SMUGGLING FEE FOR TRANSPORT ACROSS THE BORDER,
  USUALLY ONE TIME TRANSACTION

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Irregular Migration in Asia

• Present in all sub-regions
• West Asia present despite restrictions (haj
  visa, visa trading is a major problem)
• East SE Asia Japan, Hong Kong, Taiwan have
  been able to control it S. Korea, Malaysia,
  Thailand less successful
• South Asia irregular migration, an irritant in
  South Asia border disputes (India, Pakistan,
  Bangladesh) borders moved during the 1947
  partition the separation of Pakistan and
  Bangladesh in 1971

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Irregular Migration in Asia

• Forms of irregular migration in Asia
• Undocumented (w/o travel and work papers)
• Working without proper travel work documents
• Overstaying
• Running away/absconding from employer/sponsor
• Entering as tourist with pre-arranged work
• Visa trading (Gulf region)

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Irregular Migration in SEA

• Migration in SEA
• Long history of population mobility within the
  region
• Migration (esp males) a cultural motif in some
  groups
• Colonial period introduced some changes borders
  were redrawn
• Post-colonial period downplayed history of
  migrations
• Intraregional migration resurfaced from the 1970s

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Migration Systems in SEA
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The Four-Country Study

• 1999-2000
• Philippines (Metro Manila Capiz)
• Indonesia (East Java Blitar)
• Malaysia (Klang Valley, Bidor, Perak,
• Pahang)
• Thailand (Samutsakhon Tak)

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Findings from the Philippines and Indonesia

• Philippines
• Longer history of orgd migration, more codified
  system of migration
• Irregular migration a smaller component
• More varied destinations undocumented mig only a
  quarter of total

• Indonesia
• More interface bet
• legal unauthor entities
• Irregular migration larger than legal
• Mostly undoc migration to Malaysia

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Philippines and Indonesia

• Philippines
• Males females in irregular mig
• Recruitment agencies more involved social
  networks possibly more role?
• Illegal recruitment a problem
• Regulatory context tighter more victims?

• Indonesia
• Mostly males
• Social networks more involved replaced calos
  tekongs?
• Regulations looser fewer victims?

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Philippines and Indonesia

• Philippines
• Migrant-related factors
• Limited info search
• Migration is matter of luck
• Instl deficiencies
• Irreg migration the only way
• Role of recruitment agencies

• Indonesia
• Migrant-related factors
• Limited info search
• Instl deficiencies
• Legal migration time consuming, costly
• Access to migration resources in community

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Malaysia Thailand

• Malaysia
• Migrant communities
• are established
• NGOs absent? More reliance on ethnic networks

• Thailand
• Border vs. inland prov
• Local politics
• Near or far from borders
• Migrant communities, situation of children
• Employers association, NGO involvement

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Malaysia Thailand

• Malaysia
• Mostly Indonesians
• Migrants preceded policies
• Both formal and irregular channels
• Entry, employment integration defined by
  ethnicity

• Thailand
• Mostly Burmese
• Migrants preceded policies
• Irregular channels, attempts to register
• Entry, employment integration vary accdg to
  location local politics

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Malaysia Thailand

• Malaysia
• Regularization has limited impact
• Major repatriation programs 2002, 2004
• What are the alternatives?
• (less reliance on Indonesia?)

• Thailand
• Registration, limited impact
• What are the alternatives?
• work permit in 2004

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Responses to irregular migration

• Responses
• Border controls
• More personnel technological upgrading most
  popular response
• Crackdowns
• Raids in establishments, migrants communities
  checkpoint checks
• Japans controversial move reporting suspected
  unauthorized migrants to authorities
• Stiffer punishments
• E x caning in Singapore, Malaysia
• Repatriations (forced)
• Malaysia 2002 2004
• Japan 2004
• Gulf countries
• Regularization
• Very rare limited to permission to work

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Responses to irregular migration

• RESPONSES TO IRREGULAR MIGRATION FOCUSED ON
  MIGRANTS LESS ATTENTION TO MIGRATION INDUSTRY
  EMPLOYERS
• REVIEW OF MIGRATION POLICIES - NOT CONSIDERED
• SOME LEVEL OF UNAUTHORIZED MIGRATION IS TOLERATED
• THERE IS SOME DEMAND FOR UNAUTHORIZED MIGRANTS
• CONCERNS ABOUT IRREGULAR MIGRATION HAVE LED TO
  REGIONAL SUB-REGIONAL DISCUSSIONS (ESP.
  TRAFFICKING), BUT FOCUSED ON BORDER CONTROLS AND
  INFORMATION SHARING

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Trafficking in Persons, Esp Women and Children

• Has received much more international attention
  than unauthorized migration
• Serious human rights violation
• Worldwide estimate 600,000-800,000
• Asia is one of the hotspots
• Various uses prostitution, sexual exploitation
  as well as forced labor, servitude, forced
  marriage, begging, sale of organs
• Mostly associated with the sex industry
• Victim profile mostly women children
• What about trafficked men?
• Various modes
• Abduction kidnapping
• Deception marriage offers job offers
  assistance
• Changing modes over time from sheer force to
  some exercise of choice on the part of migrants

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Trafficking in Persons, Esp Women and Children

• Determinants of trafficking similar to legal
  unauthorized
• May target the poor
• Entails low costs to migrants (e.g., no
  placement fees)
• Role of networks similar to legal unauthorized
• Patterns of trafficking similar to legal
  unauthorized
• Less developed to more developed areas
• Limitations UN Protocol
• Assumes organized criminal groups are involved
• Enforcement and control oriented
• Much is cross-border social networks more than
  organized criminal groups
• Role of governments in promoting trafficking
  is not considered?
• Ex Migration of entertainers from the
  Philippines to Japan
• Caution to ensure that anti-trafficking efforts
  do not work to control migration of certain
  groups

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Issues Questions

• Irregular migration
• Exposes contradictions of globalization (bordered
  migration, borderless for goods capital)
• Exposes limits of national approaches, esp
  emphasis on control, without regard for human
  rights
• Rights as workers
• Assertion of the right to migrate (human agency)
• Bilateral/regional cooperation is critical
• Need for a comprehensive approach not to lose
  sight of migrants rights
• Migrants education, a continuing agenda
• Enforcers education, also a continuing agenda