Human Rights at the Heart of Borders

A panel discussion on the Objective 11 of the Global Compact for Migration (GCM) was jointly organized by Global Research Forum on Diaspora and Transnationalism (GRFDT), Migrant Forum in Asia (MFA), Cross-Regional Center for Refugees and Migrants (CCRM) and Civil Society Action Committee (CSAC), on 10 November 2020,where various migration experts gathered to engage in a dialogue on how to ‘Manage Borders in an Integrated, Secure, and Coordinated Manner’, with the session moderated by Mr. William Gois from MFA.

Lack of governance at the India-Nepal open border

Ms. Shristi Kolakshyapati from the Women’s Rehabilitation Centre (WOREC) in Nepal, opened the session with a depiction of the irregularity of movement at the India-Nepal migration corridor. The 150 km open border that these two countries share sees migrants commuting for mostly work very frequently, without the need for passports or visas. Without a tracking system of movement on top of the absence of labour policies for migrants, there is virtually no documentation or data to manage this border space. Ms. Shristi emphasises the negative impacts on Nepali women migrants who are especially affected due to the discrimination they face in wanting to migrate. Their movement is already restricted by Nepali policies that serve to so-called protect them but in fact control their movement, and the migrants are further disadvantaged by the lack of migration policies to govern the open border.

How do migrants themselves perceive borders?

As someone who works closely with migrants crossing the Mekong so often, Ms. Reiko Harima from the Mekong Migration Network and Asian Migrant Center, is very familiar with the porous and informal channels that migrants take. Ms. Harima recalled the interviews she has conducted with these migrants as compared to migrants who cross legally, who are dubbed the ‘Memorandum of Understanding (MOU) migrants.’ Most of them choose the informal route because it is too costly and troublesome to travel into the cities to obtain documents, since they are already living at the borders. On the flip side, migrants will only choose legal channels if they are both aware and assured of the benefits and rights granted to them both prior, during and after crossing borders. To legally document these processes of migration, Ms. Harima stresses that any effective border management needs clarity as migration policies tend to be implemented only for a short-term and migrants are deterred by these constant changes.

“Border management must be part of the social contract”: Ms. Reiko Harima

The documentation process needs to be affordable and decentralized, while implementation of these migration policies needs to be subjected to strict oversight to prevent arbitrary enforcement of border control.

Reimagining systems of border migration

Ms. Alma Maquitico of the National Network for Immigrant and Refugee Rights dropped a brutally honest statement on the US-Mexico border situation: violence is institutionalized. Migrants crossing the border into US from Mexico are treated as an exception to human constitutional rights. Ms. Alma paints a grim picture of people dying at the border due to heatstroke and exposure to harsh elements, which only became worse during the Trump administration period when migrants were even prosecuted for illegal entry without being given access to a due process of fair trial in addition to undermining the asylum process. The criminalization of migration begins with the securitization of borders. Even before the Trump era, the US has been strategizing operations to deter people from entering their territories. According to Ms. Alma, solving these issues under  Biden administration requires renewed engagement via multilateral dialogue.

“We need to reimagine a system of borders that is based on regulating poor migrants – a system that corresponds to the current realities… We have to harmonize human rights at the borders starting with certain standards”: Ms. Alma Maquitico

Ms. Alma is hopeful that better times are ahead, but survival must be disassociated from criminal intent. Together with governments, the establishment of a broad agenda that packages migrants, labour, health and education together needs to be enforced.

Recognizing the dignity of people

Mr. Joe Martinez from CIERTO, an organization that facilitates the migration of workers in the agricultural industry, drives the dialogue with perceptions on how borders function as an economic means of control. Migrants have always been excluded from national discourse and are not considered humans, rather as means to production. To put it simply, Mr. Martinez highlights that we demand products for consumption but don’t acknowledge or value the labour behind these very products.

“We need to recognize human capital and resources, but how to do that with human dignity at the forefront?”: Mr. Joe Martinez

The globalization of work reinforces the need for effective collaboration between countries of origin and countries of destination. Countries on both sides of the borders need to recognise migrant workforces as agents of development, and empower them to make their own choices in paving their migration journeys. Mr. Martinez also drew critical attention to the role of the private sector which wields money and leverage, in bridging the gap between economics and human rights.  Multinational companies are responsible for having ethical recruitment schemes and fair working conditions to protect their migrant workers, which amounts to creating value not only for their customers but also for those who are working within their company structures. A holistic overview like this will be better not just for humans, but businesses as well.

On either side of the border, trust is key

Representing the International Organization for Migration (IOM), Mr. Nelson Goncalves fleshed out the various free movement protocols where it is possible for people to move regularly across borders in a free manner. There are already several programs in place in the African Union region where Mr. Goncalves specializes in, wherein IOM is helping member states to build capacity in managing their borders. An example is  the One Stop Border Post (OSBP) programme that employs biometric technology to fast track the mobility of people and goods, thereby facilitating trade between countries. IOM has also set up a task force for documentation to empower states with the capacity to provide legal identities for all migrants by 2030. The establishment of a legal identity system for border enforcement and administration, as Mr. Goncalves points out, is a major building block to create trust between countries who share borders. After all, it is a global responsibility to push for ensuring legal identity for all persons, which governments have as a prerequisite for ensuring the facilitation of migration.

No Walls, But Bridges

Mr. William Gois closed the discussion with a reflection on one of the Emirates Airlines’ taglines: ‘Tomorrow thinks borders are so yesterday’. It refers to the idea of an infinite future where borders are removed from dividing countries, something we all certainly hope for. The different angles and nuances surrounding Objective 11 were clearly reflected in this session, where all the panellists offered valuable recommendations on how to underpin human rights-based standards as a precedent for migration at borders. Among others, we need a reset centered around human value, with private sectors weighing in to promote and advocate for safe migration. In conclusion, systems and mindsets need to change before the justification of borders change from being walls, to being bridges.

Tashryn is an avid rock climber, who loves the thrill of heights. When she is not climbing, she is gushing over babies and hanging out in book cafes.

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