Distinguishing Between Refugees and Migrants - Essay Example

Critically assess the proposition that it is essential to distinguish between “refugees” and other migrants. Introduction Ruud Lubbers, the then U.N. High Commissioner for Refugees has said in 2004 that refugees and migrants are basically distinct from each other as envisaged in international law. While migrants are people who look for greener pastures, refugees seek asylum in foreign countries in order to literally save their lives. People who are displaced due to environmental disasters are not treated as refugees. However, in practice confusion still prevails with the result refugees and migrants are treated in the same manner (Lubbers, 2004). Migrants vis-à-vis refugees As already observed, migrants migrate for economic reasons and hence are called economic migrants. It is for this reason that immigrants into a country cannot be treated as a homogenous group. An important distinction between these two immigrant groups is their ability to return to their native country. While refugees are either unable or unwilling to return for fear of persecution, economic immigrants are free to return at their will. Another distinction is that refugees do not enjoy much social contacts in their home country and economic immigrants maintain social contacts in their home country on a permanent basis by visiting their relatives and friends. Studies have shown that refugees over time make earnings more than economic migrants do in the host country (Cortes, 2004). Refugees deserve protection by virtue of Article 1 A (2) of the 1951 Convention Relating to the Status of Refugees which defines a refugee and prohibits their expulsion by Article 33 (1). A refugee is an asylum seeker initially and may or may not be taken in as a refugee. The obligation against expulsion stems from international human rights law. For example, Articles 6 & 7 of the 1966 International Covenant on Civil and Political Rights prevents refugees from being returned in case of irreparable harm to them. Similarly, the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, prohibits return of asylum seekers in case of likelihood of torture being meted out to them in their home country (UNHCR, n.d.) . World Migration Reports World Migration Report 2010 which lays down ten core areas for capacity-building to achieve migrant integration does not spell out special treatment for refugees vis-à-vis other migrants. The report advocates a range of core area from strengthening economic participation by migrants to mainstreaming integration across government. It generalizes the status of migrants as being prone to poverty and social inclusion. Migrants are certainly better placed than refugees and hence falling in the vicious circle of poverty and exclusion that lead to further set of barriers such as inaccessibility to labor markets, lack of information and network, physical disability, lack of work experience and references, homelessness and others are more relevant to refugees than migrants who can always return their home countries unlike refugees. Migrants are generally sponsored by their native governments backed by their relatives, friends or assets in their native countries. Refugees do not enjoy these. Although the report states that a country’s anti-discrimination laws are the source to ensure equal opportunities for all, the report names categories such as “race, religion, gender, disability, nationality or language ability”, it does not include “refugees” as a separate category as a target of discrimination (IOM, 2010). World Migration Report for 2011 cites an OECD report which states that public opinion is more in favor of refuges than other migrants. It is not in dispute that migrants contribute to the economic development of their host countries. European countries’ citizens have conceded the migrants’ contribution as reported by the European Commission. Percentages of respondents that voted in favor are 79 % in Sweden, 66% in Portugal, 47 % in U.K., to list a few top ranking countries out of 21 EU member countries. As of 2010, there were about 15.4 million refugees and 845,800 asylum seekers around the world. The refugees have increased by 153,000 during 2010 mainly because of Somalis fleeing to neighboring countries. Hence there is a clear case for preferential treatment of refugees over other migrants. Their special economic disabilities should not be lost sight of by the policy of equal opportunity for all (IOM, 2011). New definition Definition of an established refugee is quite ambiguous capable of being interpreted and applied inconsistently. Those who have not crossed international borders but are displaced within are not treated as an equally vulnerable group without being included in the definition. Those who are externally displaced due to armed conflict and civil strife or as result of “simply invidious and wide-spread discrimination” also do not come under the definition. As a result, millions of persons are denied of international protection. The definition according the Convention is ambiguous that it does not offer scope to determine that these persons are entitled to international protection. Terms such as “persecution”, “membership in a particular social group” and “political opinion” are considered potentially vague. In spite of the guidelines from the UNHCR to define these terms, nations have interpreted them differently. Article 33 of the Refugee Convention and Protocol prohibits forced return of a refugee to a place where the refugee’s life or freedom is under threat as the principle of non-refoulement serving as the basis of refugee protection. As this has become customary international law, no state whether or not a signatory to refugee treaties can violate this principle. Despite this, there has been no uniform application by all the states. The U.S. program to send back Haitian asylum seekers directly to Haiti without any consideration of their protection claims could be cited as an antagonistic state practice. Admittedly, it is difficult to guide a state practice but it would be useful to strengthen the principle of non-refoulement. Regional attempts to widen the refugee definition expose the narrow and inadequate definition at present. As such a new definition for forced migration is necessary in order to address the abuse and infringement of human rights. A proposal to offer a new definition for forced migrant instead of widening the more than fifty year old definition of refugee convention deserves attention. It can be a separate legal category with appropriate remedies. Thus the term “forced migrant” applies to a person: (a) Who has left his her place of residence, where the reasons of displacement are arbitrary, and there has been no change in the circumstances so as to render the displacement non-arbitrary; and (b) Who has a valid objection to return to his or her place of residence” (p10). Valid objections shall include physical security risk due to armed conflict, environment disaster or ecology reasons, and human rights violations, humanitarian reasons such as past persecution or illness that precludes return (Helton, Fitzpatrick, & Bayefsky, 2006). The forced migrants shall have the right to seek safety in any other part of their home country or country of habitual residence, leave their home country or country of habitual residence, the right to seek asylum in another country, and seek protection against forced return or resettlement where their physical security is at risk and the right to return to their original residence (Helton, Fitzpatrick, & Bayefsky, 2006, p. 11) .Refugees continue to live in sub-standard condition in the host states who have no accountability for such asylum practices. Even today, refugees are treated on ad-hoc basis in the host countries. (Helton, Fitzpatrick, & Bayefsky, 2006). Discussion and conclusion The purpose of this paper is to distinguish between refugees and other immigrants. As outlined above, refugees at present are at the same pedestal with other migrants in terms of employment, shelter in their host countries. As their circumstances would suggest, refugees are detrimentally placed that they are apt to be treated less favorably than other migrants. While the case is that they should be treated more favorably than other migrants, they are either treated at par or less favorably in the host countries. While migrants have the backing of their home states and emigrate as skilled workers and are migrants by choice, refugees are driven out of their respective countries and should therefore be entitled to preferential treatment in respect of employment, residence, education, health care etc. As examined above, a large number of persons are not even treated as refugees and hence are deprived of even minimum protection the established refugees receive in the host countries. Refugees are being distinguished different from other migrants only for being denied of certain rights and not for being enabled with better protection, treatment, shelter and education etc. It follows therefore that attempts should be made at the international level to suitably amend the Refugee Convention so as to afford them equal opportunities treating them as a minority among the migrant categories and place them on equal footing. Care should be had that are not denied of the rights of a regular citizen merely because of their homelessness and statelessness. References Cortes, E. K. (2004). Are Refugees Different from Economic Immigrants? Some Empirical Evidence on the Heterogeneity of Immigrant Groups in the United States . Institute for the Study of Labour (IZA), Bonn: Discussion Paper No. 1063. Helton, A. C., Fitzpatrick, J., & Bayefsky, A. F. (2006). Human Rights and Refugees, Internally Displaced Persons and Migrant Workers. BRILL. IOM. (2010). World Migration Report. Geneva: International Organization for Migration . IOM. (2011). World Migration Report 2011. Geneva: International Organization for Migration . Lubbers, R. (2004, April 5). Refugees and migrants: Defining the difference . BBC News . UNHCR. (n.d.). Rescue at Sea: A guide to principles and practice as applied to migrants and refugees. International Chamber of Shipping. Read More

 

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