A panel discussion on International Migration Day was organized together 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 18th of December 2020. The main subject of this panel was on “Detention and Returns: Going Beyond Alternatives”. Various specialists on migration discussed the issue of detention.
Migrant Rights Thirty Years after the Convention
The moderator of this panel was William Gois, who is the Regional Coordinator of the MFA. He initiated the exchange of dialogues by expressing the importance of migration.
Dr. Ceriani, former Vice-Chairperson of the United Nations Committee on the Rights of Migration Workers and their Families put forth his opinions by comparing the situation of the migrant rights thirty years ago, when the United Nations Migrant Worker Convention was adopted with the present situation.. Despite the Convention was approved by all member states of the United Nations, the situation contemplating the refugees’ rights got even worse over the time. According to him, it was mainly caused by continuously changing political trends, various economic issues, and the rise of right-wing parties.
Concerning alternatives to detention, Dr. Cerianiargued that we should go much further and discuss the alternative responses to irregular migration. In his speech, he mentioned the main consequences of irregular migration, which are according to him political issues, obstacles related to normal life, job losses, and possible losing of residence. “There are many aspects, that are not the will of migrants to be undocumented. No, they are caused by failed policies or restricted policies that lead to irregular migration”: Dr. Pablo Ceriani.
As a result of all these consequences, migrants are later exploited, become a target of discrimination, or are used as scapegoats by politicians. Therefore, Dr. Cerianistrongly holds the view that countries should start the process of changing the status of regularization of migrants by facilitating permanent residence.
New Migration Policies in the European Union
The second speaker of this session was Michele Levoy, director of Platform for International Cooperation on Undocumented Migrants. In her speech, she focused on migration policies and detention in the European Union (EU).
According to her, the common migration policies still mainly focus on combating illegal migration. Levoy discussed the Migration and Asylum Pact proposed by the EU a few months ago. This Pact mainly focuses on what happens at borders. According to her, people there are supposed to be determined whether they are genuine asylum seekers or not. In the case they are not considered to be genuine asylum seekers, they are quickly deported. Due to this new Pact, the asylum seekers lose the guarantee of protection and fair process. “The aim is to prevent people who are regular migrants from coming to Europe, and to facilitate the return if they are already in Europe”: Michele Levoy. According to her, the number of detention will gradually increase, especially children’s detention.
Consequences of Migration Policies
The last speaker of this panel was Michael Flynn, executive director of the Global Detention Project. In his initial remarks, he mentioned about the absence of the 30th anniversary of the Convention in the statements of the High Commissioner for Human Rights celebrating International Migration Day.
Later he pointed out the important facts related to detention. In the case of detention as mentioned in the convention, migrants and migrant workers with families cannot be placed into the facility, where people prosecuted for criminal crimes are being held.
Even more, Flynn is of the opinion that this is why countries around the world are building the detention centers designed only for migrants. For example, the Committee for the Prevention of Torture has been for years recommending various countries to build immigration detention centers. “There is this element of unintended consequence here I think, where concepts are being driven, bureaucracy is made. Reasons to be created within bureaucracies, then they take life on their own”: Michael Flynn.
At the end of his speech, Flynn expressed his opinion, that alternatives to migration should be promoted mainly in the countries with mandatory unlimited detentions, such as Australia.
Universal Migration System
Towards the end of the session, the moderator opened a discussion about the possible consequences related to creating a universal system aimed at handling irregular flows of immigrants. According to Dr. Ceriani, the whole political framework, policies, and practices regarding detention have origins in the criminal system of the states. Many countries place immigrants in detention centers for breaking the law. Despite the fact that in reality, most of the people immigrate for facing various dangers, poverty or discrimination.
Michele Levoy also joined the discussion. She pointed out how successful countries in the Middle East were coping with the refugee crises caused by the situation in Syria. Especially, Levoy stressed the fact that these countries did not place refugees into designed refugee camps, but most of the countries have allowed them to live freely within the local communities. Even more, Levoy believes that the whole process of accepting alternatives to detention will need more time and effort until the consensus between countries is made.
Michael Flynn expressed his belief, that countries should look at each case individually, and decide whether based on given conditions, the person deserves to be or not to be detained. Flynn sees this approach as a real alternative to detention, which would lead to less number of people being detained.
Despite that, they all agreed that the outlook towards the migrants needs to be changed. They should be looked at as human beings and treated accordingly
Michal Tengeri, PhD Candidate in Asia-Pacific Studies at National Chengchi University Twitter: @Michal8810