The Definition of Illegal Immigrants - Research Paper Example

?Introduction The number of working immigrants has increased in the recent past. In the United s, the number of immigrants in the middle skilledjob increased by 50 % between 2000 and 2006. The immigrant workers are also dispersed across the skills (Capps, Michael Fix, and Serena Yi-Ying Lin). In USA, 25 percent of native workers and 20 percent of immigrants were employed in high-skilled jobs (requiring a bachelor’s degree or more); 29 percent of natives and 24 percent of immigrant workers in middle-skilled occupations; and 46 percent of natives and 56 percent of immigrants in low-skilled jobs (requiring high school or less education) (Capps, Michael Fix, and Serena Yi-Ying Lin). Who are Illegal Immigrants? It is difficult to define illegal immigrants. Where illegal migration begins and ends is a matter for each sovereign state to define (Tapinos). There are two types of illegal migrants- those who enter illegally and those who overstay after entering legally. Seasonal workers who fail to return after the expiry of the contract and rejected asylum seekers are also part of the second group. In countries like USA and Canada, which are open to migration, illegal immigration is one of the options to become would be immigrants. But in countries of Europe, it is the only option except for those applying for asylum or family reunification (Tapinos). It is estimated that there is about four to five million illegal immigrants in USA, which is about 1.5% of the population 300,000 in Greece (3%) and Italy (0.5%) ( Tapinos). Illegal migrants join illegal job market where he agrees to work for fewer wage than the local workers. Employers in developed countries benefit as they need to pay only low wages. The welfare contributions and non wage costs would be less. The illegal workers do not bargain and will not create any problem even if forced to work for long hours. The illegal immigrants are always eager to get regularised. So it is not their deliberate choice to be so. Sometimes, it is only a matter of time to become legal or illegal immigrant. That is, a migrant may be legal on one day and illegal the next day if the visa expires. Illegal immigration can be prevented by giving them opportunities as guest worker and reducing wages in informal sector in developed countries as this is the only job opening for unskilled workers (Hedi). Importance of Labour Rights for Working Immigrants According to International Labour Organization (ILO), 20% of world’s workers are in industrialised countries ie.600 million. There are 2.5 billion workers in the developing countries (Martin). There were 191 million international migrants in 2005. It was 76 million in 1960 and 175 million in 2000 (Dittrick). A migrant worker is "a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national (Convention). In 1990, the UN General Assembly adopted International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. It may be noted here that labour rights are human rights. International human rights apply to all human beings. Everyone, whether citizen or immigrant, legal or illegal enjoys basic human rights such as right to life, liberty and security of person; freedom from slavery and torture; right to equal protection of law and freedom from discrimination; freedom from arbitrary arrest and detention; the presumption of innocence; and the right to freedom of association, religion and expression (The Rights of Migrants). The universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR), and Conventions adopted by the International Labour Organisation gives the right of association, the right to free choice of employment, the right to equal remuneration for work of equal value, and the right to just and favourable conditions of work to the immigrants. It also prohibits forced labour and discrimination in employment (Leary). It means that such rights should be available to all without any discrimination. These rights are essential for the development of human personality and protection of human dignity. Other provisions of human rights law guaranteeing human rights of immigrant workers are Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the ILO Forced Labour Convention (No. 29), the ILO Freedom of Association and Protection of the Right to Organize Convention (No. 87), the ILO Equal Remuneration Convention (No. 100), the ILO Discrimination (Employment and Occupation) Convention (No. 111), and the ILO Minimum Age Convention (No. 38). Relevant Sections of the Universal Declaration of Human Rights (UDHR) are reproduced below. Article 23. (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests. Article 24 Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Although all countries have accepted this declaration, the living conditions of unauthorised migrants are very pathetic. For example, in many countries, domestic work is not governed by labour law. Many women selected by recruitment agencies for unskilled jobs end up as victims of trafficking or forced labour. Women are trafficked for prostitution under the pretention of transporting them for jobs. Many agencies do not give accurate information about the kind of work they have to do in host country of employment. Many women end up as domestic workers that do not match their qualification and expertise. Those who voluntarily took the job of domestic work also end up in different kinds of forced labour (Pizarro). They may not be familiar with migration procedure and rely on promises made by recruiting agencies. The recruiting agencies illegally transport them. The illegal nature of the operation makes the migrants dependent on recruiting agencies and it increases their vulnerability. In every country there is criminal law that prohibits trafficking in human beings. But the word trafficking is often interpreted trafficking for sexual exploitation and excludes trafficking for other types of exploitation. Migrant domestic workers who end up being trafficked do not get any protection and are often treated as criminals (Pizarro). Some countries have legislation which provides for sending migrant workers back home when the relationship with the employer seizes. In some countries migrant workers are punished for being in the country illegally even if it is due to deception and exploitation (Pizarro) Migrant workers always live under psychological threat of deportation. According to ILO convention No. 29, this is forced labour. The characteristics of forced labour are two- the involuntary nature of job and the fear of penalties. The inhuman working conditions and psychological violence make the domestic workers powerless and make them afraid to leave the job. Often, women are deceived regarding the terms of employment and because of their dependency; it is difficult for them to report the abuses they suffer. Some countries have taken steps to prevent illegal recruitment. Absence of a written contact increases the chances of violation of human rights of migrant workers. Even if a contract is required in the country of destination, recruiting agency may not give it to the migrant worker. Women migrating under such conditions may be forced to do other jobs. There are also instances where migrant workers have to sign contract in other languages which they cannot understand and may contain unjust provisions like do not leave employers house etc. If there is no contract or legislation, domestic workers cannot claim legal rights. They are not eligible for getting compensation when their working conditions are violated or not paid fare wages. In the event of accident or illness, they may be dismissed without paying any compensation. Labour Rights of Immigrants under Migrant Workers Convention According to the convention, the following rights are available to all categories of migrants (The 1990 Convention). Right of equal treatment with nationals in respect to remuneration and other conditions of work such as overtime, holidays, etc. Right to join freely any trade union Right to enjoy the same treatment as nationals regarding social security benefits in so far as they fulfil the legislation requirements Right to emergency medical care The following rights under the convention are available only to documented or legal migrants (The 1990 Convention). Right to form associations and trade unions in the State of employment The right to equality of treatment with nationals in respect of protection against dismissal, unemployment benefits and access to alternative employment In case of violations of work contracts by the employer, the right to address his/her case to the competent authorities of the State of employment. Why should we support them? More and more people are leaving their homes in search of better life for themselves and their families. Better management of migration has become a major challenge of twenty first century. Immigrants are more likely to be exploited than other groups of workers. The exploitation can be through very low pay, being made to work long hours in unsafe conditions, denial of basic employment rights holiday pay, having other costs such as transport or accommodation illegally deducted from wages, violence and coercion at work like threat of retaliation on leaving etc (Oxfam). We should support them to save immigrant workers from exploitation. This could be done by helping them in getting the paper work in order, help them in setting bank accounts and mobile connection, providing language training, paying the market rate for the job, making the migrant workers feel part of the team etc. Groups like ‘Change to Win’ (Immigrant Workers' Rights) are defending the rights of immigrant workers. Works Cited 1. Capps, Randy, Michael Fix, and Serena Yi-Ying Lin. “Still an Hourglass? Immigrant Workers in Middle- skilled Jobs.” Migration Policy Institute, September 2010. Web. 20 February 2011. 2. “Immigrant Workers' Rights.” Change to Win. Change to Win.org, 14 April 2009. Web. 20 February 2011. < http://www.changetowin.org/issues/workers-rights/immigrant-workers-rights.html> 3. Convention. “International Convention on the Protection of the Rights of all Migrant Workers and their Families.” Office of the United Nations High Commissioner for Human Rights, 2007. Web. 20 February 2011. 4. Dittrick, Kathryan A. “Migrant Workers’ Rights to Organize.” Human Rights Advocates. N.p., n.d. Web. 20 February 2011. 5. Hedi, Mohamed. “The Effect of Mode 4 Liberalization on Illegal Immigration.” African Trade Policy Centre Work in Progress No.55. Economic Commission for Africa, February 2007. Web. 20 February, 2011. 12. Pizarro, Gabriela Rodriguez. “Specific Groups and Individuals: Migrant workers.” Commission on Human Rights. United Nations Economic and Social Council, 12 January 2004. Web. 20 February, 2011. 13. Tapinos, Georges. “Illegal Immigrants and the Labour Market.” OECD Insights Debate the Issue. OECD Observer, 2010. Web. 20 February, 2011. 14. “The Rights of Migrants in the United States.” N.p.,n.d. Web. 20 February, 2011. 15. UDHR. “The Universal Declaration of Human Rights.” United Nations, n.p. Web. 20 February, 2011. < Ihttp://www.un.org/en/documents/udhr/index.shtml#a23> Read More