The Visible
Invisible: The Perils and Dangers of Illegal Immigration.
By: Matias S Cavoti
International Agenda
A Basic
Introduction Into the Migratory World.
Ever
since the Lampedusa shipwreck back in October of 2013, that put migrants and
their plight on a 24/7 news cycle,
viewers got to see in real time the slow evolution of a Migratory and
Refugee crisis that climaxed in late 2015. This coverage from global news
networks sparked an active social/political debate over migrant control,
immigration flows, and migratory policy or lack thereof. This discussion has
been going on the last three years topping many States political agendas. Since
then there has been a significant number of reports by international
organizations like from the International Organization form Migrations (IOM)
that use the Lampedusa event as a starting point but explain that migrants
fatalities have slowly have been on the rise for the last 15 years. This can be attributed to of lack of legal
access to destination countries like the United States or the member countries
of the European Union (EU). For example,
establishing travel visas or not permitting access to legal residencies in host
countries, have hindered the opportunities of many migrants, pushing them to
take the risk in trying to reach and enter the country they want to immigrate
to through illegal means and many times putting their lives in danger.
What has
become increasing evident observing major destination countries and even
transit States, over the last five years, is that their migratory policies are
outdated or even broken. Many
destinations countries like the United States of America and even transit States
like Mexico, for example do not take the proper statics on migrants border
deaths or missing, and as a result, it makes it pretty hard for these nations
to establish the appropriate actions to curve illegal transits. Places, where
border deaths occur, are the same locations where migrants and smugglers try to
crosses illegally so States without proper statistics cannot take the
appropriate actions because they are primarily operating in the dark.
In this
brief report will concentrate on the migratory flows themselves, the dangers
and problems that migrants that travel illegally
face in their transit and when they try to establish themselves, analyze the
politics behind this transnational phenomena and explain some central migratory
concepts. The time frame for this study
will be from the Lampedusa shipwreck in October 2013 to September of 2016 when
Frontex becomes the official Border control and Coast Guard of the European
Union which seem to be a real game changer.
This study will mainly focus on the migratory flows entering the south
of the United States of America/Chapter 1, crossing Mexico and Central America/Chapter
2, the different routes transiting Africa/Chapter4 and Eastern European flow/Chapter
4. These four major areas of migratory
movement that are hotspots which International Organization for Migration (IOM),
Migratory Policy Institute (MPI), the United States Department of State and
Frontex, have made a series of reports analyzing and breaking down the problems
that migrants are facing.
So to start
off, let's define migrant, the IOM has modified their definition of migrant in
2016, so let's focus what has changed and evolved in this concept in the past
year:
"IOM
defines a migrant as any person who is moving or has moved across an
international border or within a State away from his/her habitual place of
residence, regardless of the person’s
legal status; whether the movement is
voluntary or involuntary; what the causes
of the movement are; or what the length
of the stay is (IOM 2016)". But this definition adds new elements that
were not present in the previous one which defined migrants as "people or
group of individuals that move from one geographic unit to another crossing
administrative or political frontiers with the intention establishing
themselves temporarily or permanently in a place different from their place of
birth (IOM 2011)".
The newer
definition explicitly covers more theoretical terrain, it is much more complete compared to
its predecessor. The first difference is
the reference to the legal status that is made explicit the fact that migrants
can be legal, temporary, permanent, illegal, irregular, undocumented, refugees,
stateless and displaced by humanitarian or environmental disasters. Now even
though Refugees can be considered migrants, this particular concept has been
separated and treated distinctly from
traditional migrants, the theoretical line drawn between these two
concepts have become increasingly blurred with the ever growing mix migratory
flows that have been increasing the last
20 years. Migrants and refugees
are having a symbiotic relationship as of late, in some cases having the first
capitalizing off the second and in other cases vice versa; this will be
illustrated later in the report when it is explained how migrants had taken
advantage of the Syrian refugee crisis to enter the Europe.
Now back
the factors that differentiated these two concepts, is that previously migrants
were those who travel and reestablish themselves voluntarily. While on the
other hand were refugees those pushed out of their country involuntarily. Now with this new definition, it establishes
that in both cases they are considered migrants be it voluntary or not and puts
both under the same theoretical umbrella.
Now having
established what a migrant is, it is fundamental to understand what is a
Migratory Policy (MP), and we can affirm
that it is an fundamental political tool in managing and controlling migratory
flows. States that are the destination for large masses of immigrants, are in great need for tools to act and control
migratory flows are headed in their direction. Also through a proper MP, for
example, can help recipient States to
capitalize on the human capital migrants represent. So basically the objective for a migratory
policy is to find a way to manage the flow of people entering (or exiting) a
country temporarily or permanently and how can it serve best the
needs/interests of the host country. Migratory policies can have the objective
of retaining, promoting, regulating, incorporating, recovering and even
blocking or redirecting migrants (Marmora 2002)[2].
Also, we
must define the what is trafficking of persons or human trafficking, concepts
that will be recurring issues in this report, which is a migratory crime, they
are umbrella terms for the act of recruiting, harboring, transport, providing
or obtaining a person compelled labor or commercial sex acts through the use of
force, fraud or coercion ( Department of State Trafficking in Persons TIP 2016).
The TIP report establishes that movement isn't obligatory, a person can be
subjected to human trafficking in their own hometown, but for the sake of this
report, we will only highlight most important international cases where people
are forced or tricked to cross international borders.
Chapter 1: United
States of America/ Land of the Free and
¿Home of the Illegals?
To begin
let's get a quick migratory picture the United States before entering the
subject Illegal Migrants and how the Obama administration handled this
complicated issue. The U.S. is the
country that has the largest immigrant population in the world[1] 42.4 million people that make up for 13.3% of
its population of 318.9 million (Migration Policy Institute/MPI 2016 ). Around
11 million of those foreign born people are undocumented/illegal migrants
living which make up 5% of its workforce (Le Monde Atlas of Minorities 2014).
There has been a high demand Illegal migrants that are a flexible supply of low
skilled workers that are not affected by the
United States migrant quota system, with "relatively little
enforcement against illegal aliens at U.S worksites" (P 9.Hason 2007). So
one can affirm that business are the big winners with the actual status quo who
capitalize on the use of illegal migrants as their principal workforce and
illegals have a positive impact on federal tax revenue, while individual States
feel the strain on the public services and their tax payers suffer higher
taxes. The "illegal immigration" pins the States and local labor
forces against the Federal Government, business and the American consumer.
Now let's
explain very briefly the basic US migratory policy, which can be characterized
as a regulation policy. Migrants have three options to work in the US:
· Becoming a legal permanent resident,
normally be being a family member of a US citizen, and in these cases are
exempted from quota restrictions.
· Temporary Work in the United State,
which must be sponsored by a company for example, which is subject to a strict
quata system.
· Entering Illegally to the country.
In a report written by Gordon Hanson called
"The Economic Logic of Illegal Immigration" for serial publication
Council of Foreign Relation, explains that for example that 958.000 migrants
got their permanent residencies in 2004, in a processes that takes 5 years,
which 66% had been eligible because of having family members in the country,
16% thanks to their employer sponsorship and 7% were refugees. Now out of this
group, 61% of these individuals were at some moment illegal aliens. After being
accepted as permanent residents these people with five more years of
naturalization, they become eligible for citizenship. Now Gordon Hanson
explains that illegal migrants are a very flexible workforce that are not
affected by the US migratory quota system, so they can easily satisfy spikes in
labor demand this is the way business is quick to defend migrants and vouch for
them to obtain residencies when needed.
But what
is a illegal migrant/immigrant a term that seems so prevalent especially during
the US election cycle in 2016? Now for the IOM the term is not correct and
should not be used, the proper form to
refer to a person that has entered
illegally into a country, or overstayed
their time of permanence, should be called an irregular migrant and one must
add that they do not have the right to transit in the country or stay (IOM
2011). The illegal aspect may be the migrants transit or crossing into the
country or their overstay, but they cannot be considered themselves as
illegals.
Now
something curious is that the term illegal migrant isn't the correct term in
the United States either even thought politicians and public officials use it
all the time. The right way to describe these people is an illegal alien or
undocumented alien which has a definition very similar word for word to IOM's
irregular migrant but adds that these migrants are deportable. But it must be
noted the in the Department of State Trafficking in Person report uses the term
irregular migrant instead of illegal alien.
So why is
the term illegal migrant is used? It has strong criminal and political
connotation. The IOM affirms that it denies any basic humanity towards these
migrants (IOM 2011) and elevates them to
the grade of a menace especial when used by right-wing politicians, that
scapegoat on migrants to gain political capital and backing among their
constituency. But one must note that the
left also sometimes uses this term patronizing immigrants when needed. Now the
irresponsible use of this term by Donald Trump during the election cycle of
2016 has lowered overall public sensitivity and empathy towards these people,
and he has oversimplified a very complex international phenomena, with easy
fixes, to a conundrum within a quagmire.
An underlying mentality that has been around
gaining traction since Reagan's Amnesty, that if migrants break the law. If anything bad happens to them, they brought
it onto themselves, not paying much regard to what drives these people or way
they were pushed out of their country in the first place or if these people
risk labor exploitation or being taken advantage of by organized crime.
There is
a certain level of ambivalences, and double standard towards illegal aliens by
the State and the possibility to obtain a permanent residence and a possible
citizenship, which leads to certain speculation from illegal aliens that take
tremendous risks because till they regularize their situation, they can be
deported out of the country. To understand this situation let's imagen that
till aliens get their legal residences they have an elastic cord stretching all
the way back to the border ready to snap them write back if anything goes
wrong, this illustration helps understand the precarious situation of these
people and that their transit is not complete until they get their papers in
order the border is literally one step away.
The only
major United State Policy towards trying to resolve the illegal migrant's
problem goes all the way back to the Ronald Reagan Precedence with the 1986 Reform and Control Act (IRCA), which
granted amnesty to all Illegal aliens that had arrived before 1982. But from
that point on, it would established that the government would crack down on
illegal migrants, monitor companies so they would not contract them and create
a stronger border enforcement.
Now in
the report Fatal Journeys (FJ) by the
IOM it affirms that the "story of
migrants death in North America is a story of exclusion and
exposure" (FJ 2015). Migrants and especial poor undocumented migrants are
increasingly seen as a negative other, especially for a certain parts of the US
society. Being viewed as the ones
responsible for a wide range of growing
social problems in the country, from competing and stealing jobs from Americans
to being a security risk to the country. But one must observe that the moment
they became visible, having been able to obtain limited upward social mobility,
breaking the paradigm of poor illegal migrants that remain isolated and
invisible, they altered the ontological
security[2]. They became
easy targets for the discriminatory discourse of Donald Trump, pushing a
securitization agenda against illegals establishing that they are the scourge
of society mainly focusing on illegal Mexicans, promising to deport as many as
possible and to build a new wall on the Mexico border.
But what
happened during the Obama administration that generated such backlash against
illegal aliens? Barak Obama's administration's migratory policy towards illegal
aliens, was focused on deporting of criminals and recent unauthorized aliens.
On the other hand, they opted not to use voluntary returns, which was more prevalent during previous
administrations, because it does not generate legal repercussions and paper
trail, opting for formal removals with
legal proceedings and criminal charges for illegal entries or reentries.
Here are
the statistic of deportations of the last three years of Obama's administration[3]:
Apprehensions
|
Removals
|
Returns
|
Total Deportation
|
|
2014
|
479.371
|
407.075
|
163.245
|
570.370
|
2015
|
331.333
|
333.341
|
129.122
|
462.463
|
2016
|
408.870
|
344.354
|
106.600
|
450.954
|
Totals
|
1.219.574
|
1084770
|
398.967
|
1.483.787
|
Now here are Obama's administration
totals from his two terms compared to the Clinton's and Bush's
presidency, which each also had two terms[4]:
Apprehensions
|
Removals
|
Returns
|
Total Deportation
|
|
Clinton
|
11.036.463
|
869.646
|
11.421.259
|
12.290.905
|
Bush
|
8.055.633
|
2.012.539
|
8.316.311
|
10.328.850
|
Obama
|
3.307.017
|
3.094.208
|
2.186.907
|
5.281.115
|
Totals
|
22.399.113
|
5.976.393
|
21.924.477
|
27.900.870
|
The lower
overall total of deportations during Obama's administration can be attributed
to the fact that throughout these years the Mexican economy was doing well,
while the U.S. was dealing with a weak labor demand in its post-recession
economy. Also, Obama had "inherited a formidable immigration machine"
for migratory control especially at southern of the border (Chishti/MPI, 2016).
Now the policy shift mentioned before to
formal removals over voluntary returns, observable in the statistics, has
produced a drop in recurring aliens, those who have been formally removed and
try to cross again dropped 29% in 2007 to 14% 2014. With formal removals,
illegal aliens formally have criminal records, so their chances to get legal
residencies or any kind of job, are off the table. But on the other hand in
U.S. government shift and focus policing the border has established an implicit
policy to leave illegal migrants alone who have integrated themselves and did
not get into trouble with the law, and this worked in tandem with the local
policies of sanctuary cities like Los Angeles, Chicago or San Francisco. And
here's where Trump gets his political traction against Illegal aliens and
implicitly against immigrants in general, gaining favor from the Alt Right.
Chapter 2: Mexico and the Central American Northern Triangle
(El Salvador, Guatemala, Honduras); Danger in the land of the Beast
The Fatal Journey of 2015 report establishes that
Mexico is a transit country that has a characteristic of having an internal vertical border that goes from south
to north, where Central Americans migrants experience total illegality,
vulnerability, marginalization and suffering at the hands of criminal
organizations praying on them the whole way extorting, enslaving, torturing and
kidnapping migrants holding them for
ransom. To understand the level of violence migrants have to deal
with, for example, more Honduran nationals have died in their
trek north from homicides related to organized crime than from riding on top of
trains like the Beast. Another example of gangs ominous presence on the routes,
it is known that the Mara Salvatrucha controls whole sections of the transit
routes and migrants must pay to pass. Now what is fascinating to discover when
working on this subject is that in the TIP report only makes marginal mention
of this situation with the Maras or with any other form of organized crime.
Also, the Department of State study, in
general, is too soft on Mexico omitting some major issues, the whole section on
this country is pretty short even though it is a major transit country for mix
migratory flows that have had some major problems during 2014-2015, as the
massive arrival of unaccompanied Central Americans minors.
It must
be noted that in most of the sources used for this report mentions that
trafficking in persons in this region has become a major issue, while the State Departments TIP study qualifies all
of these countries, Mexico, the Northern Triangle States and Nicaragua, as Tier
2, smuggling and forced recruitment into gangs is prevalent in this area.
Adding to this these States have significant institutional and structural limitations
fighting these migratory crimes, having to deal with deep-rooted corruption
among public officials. But the US Report chooses not to criticize these
countries especially Mexico, possibly
because they are collaborating with the Obama administration trying to
stop the flow of migrants from arriving at the United States Sothern border.
Even overlooking some problems and possible human rights violations, so they do
not have to downgrade any of these countries TIP classification from Tier 2 to
Tier 2 watch list. In the case of Mexico, there have been accusations in
various reports and news articles of heavy-handed policing, poor treatment
towards irregular migrants, lack of infrastructure for detention centers for
deportation, corruption of State officials and not taking petitions for asylum
from possible refugees.
Before we
move on, we must explain what are these "tiers," in the TIP report it
is a grading system for the Human Trafficking situations of each country in
covered in its pages. Tier 1 is for States that meet the requirements are at
least the minimum standers of the Trafficking Victims Protection Act of 2000
(TVPA) which its sole purpose is to fight Human Trafficking and raise
awareness. Tier 2 countries are those that do not meet the minimum standard but
are putting in a great effort to do so. Tier 2 Watch List, are States even
though they are putting effort into battle trafficking in persons but the lack
of progress leads to the country downgrade if a country is more than two years
in a row in this classification it will be downgrade again to tier 3. And
finally tier 3, these are States that do
not meet any of the TVPA's minimum standards and are not making any or very
little effort in stopping human trafficking.
What
characterized the migratory situation in Mexico and the Southern border of the
United States last few years was sudden and massive flow of unaccompanied
minors from Central America. In 2014 Mexican authorities intercepted
68.631 minors transiting through its
territory, United States border guards stopped 52.000 children in 2014 and
28.387 in 2015 (Ahmed NY 2016). Gang violence, lack of opportunities, severe
drought affecting the agricultural sector of their respective countries and
searching for family member already established in the US, had generated a mass
exodus of minors from Central America adding to the rest of the already
existing flow of economic migrants, asylum seekers, refugees and stateless
people.
Now this
phenomenon of the unaccompanied minors as explained in a report by the
Congressional Research Services. Which establishes the way that this situation
manifested itself was a sudden surge of people arriving in a very similar
fashion as one would see with massive displacements after a natural disaster or
a military conflict, but having its own particular dynamic to itself. This flow
of children that are particularly easy targets for traffickers to exploit and
for gangs in the area to force into their membership, so if this situation
wasn't addressed quickly, things could get worse.
With a
potential crisis looming US government engaged and pressured Mexico to step up
control and stop as many migrants possible in their transit through its
territory. Mexico's deportations jumped from 78.000 in 2013 to 170.000 in 2015 (Ahmed NY 2016),
filtering large amounts of migrants from getting to the US border in the first
place, acting as a buffer. Mexico with financial help from the United States,
started heavy policing on its southern border adding more security at its 12 points
of entry in the south with its borders with Guatemala and Belize, controlling
freight trains heading north, like the Beast and other cargo vehicles and
creating 100 mobile checkpoints throughout its territory. But in the context of this heightened control
irregular migrants especially those headed north ended up pushing migrant off
the traditional route they were taking, choosing more risky options in their
transit, possibly using services of smugglers and having to deal with gangs,
police or State officials.
The US
government put into motion Operation Coyote in 2014 and Operation Coyote 2.0 in
2015, working with Mexican authorities to bring smuggler to justice taking
extra steps to try and capture them at the border, and also trying to dismantle
the networks in Mexico.
Now let
us briefly address the push factors from the Northern Triangle States and
Nicaragua, gang violence and major
criminal activities in these countries can be traced back to the Illegal
Immigration Reform and Immigration Act 1996. This is when the United States
deported 46.000 convicts between 1998 to 2005(Ahmed NY 2016), including members
of the Mara Salvatrucha and the 18th Street gangs, setting the groundwork for
organized crime flourish in these unprepared countries. Adding to this
situation the fatal journeys study establishes that Mexico War on Drugs, pushed
their organized crime south to these countries, while South American drug
cartels started to use this region for the transit of their goods. This caused
a major disrupting to these societies with a
spike in violence and crime in these nations, this added to the
poor economic situation of these States
were already going through. These push factors have been so persistent since
the 80's has generated a culture of migration in these countries. All three northern triangle States made the
UN's top ten countries with the highest homicide rate in the world in 2014,
with Guatemala in fifth place with 39.9 (per 10.000), El Salvador is in fourth
place with 41.2 and Honduras in first place with 90.4 (CNN 2014).
The US
government also engaged with these countries to try different types of way not
only sending these nations 750 million dollars Guatemala, Honduras and El
Salvador to help these countries to address this problem. The Obama
administration has invested trying to create public awareness in these
countries of the dangers of irregular migration, using billboards and public
service announcements.
A big
issue for the families that are left behind in the Central American countries
are there missing love ones that migrated north, but never contacted them again
possibly having died in the transit. And
in the Fatal Journey 2016 study I must be noted there is no coordinated system
for tracking migrants deaths in Mexico of
Central Americans, there are no centralized statistics on migrants,
little effort to identify or repatriate bodies.
So Central American countries have established a joint project to determine
missing migrants collecting information on bodies found along the route
comparing it with the info given by the families. This is a collaboration with
national governments of El Salvador, Honduras, and Guatemala, with the Mexican
State of Chiapas, NGOs and family associations, these are bottom-up initiatives
started by the citizens in their respective State pushing the governments into
action.
Now those
migrants and smugglers that cross illegally with success having penetrated more
than 100 miles into United States territory or have taken advantage of the US
policy of segmented enforcement, which only guards the main legal and illegal
crossing points not going deep into the desert falling back on the natural
barriers of this inhospitable geography. Now segmented enforcement has causes
the problem of funneling imprudent
migrants into dangerous areas put their lives at risk. Us Border Patrol
estimates that 6.500 (P 26. FJ2) border death since 1998 and 320 during 2015,
with three major causes being the Rio Grande, the southern desert and violence
at the border, and one must note that these are deaths on the US side of the
border. The FJ report does not have the statistics on the Mexican
side and there is a known number of missing especially in the desert areas
where many times entrances goes totally undetected.
Chapter
3: ¿Is Fortress Europe Crumbling? ¿or is it Building New Walls?
Let's
start this section with a very brief historical overview of Europe on migratory
issues especially illegal transits, migrants fatalities and missing that have
been the center of IOM reports when working in this region. Now during the
late 90's and early 2000's there were
very few fatalities for migrants and refugees
(MRs) mostly tried to enter
legally into the content and subjected themselves to the States controls, and
irregular migrants were the product of overstays in their permanence. But
things changed when the European States increasingly started to make it an
obligation to travel with visas and fined companies if any of their passengers
did have them, and this shut the door for potential refuge seekers to get on
any flights, busses, boats...etc, their options were severely diminished. This
sets the trend for the next 15 years before the MRs crisis of 2015, where
European countries did not know how to manage the influx of the mixed migratory
flow of people risking their lives crossing the Mediterranean or Aegean seas
from Africa or the Middle East. Things
boiled over generating a full-blown crisis with the Syrian refugee crisis that
had a profound impact on migrant trying to enter Europe. From the year 2000
till 2014, it's estimated that 25.000 have perished trying to cross the
Mediterranean (OIM 2015). In another report filed by the OIM called the Fatal
Journey; Lives Lost During the Migration (FJ 2015), written by Tara Brain and
Frank Laczko, affirm that 17.306 people have died trying to cross during the
period of 1993 to 2012, and 14.600 of those were in the Mediterranean. Fatal
Journey cites another report that establishes 19.812 deaths from 1988 to 2014;
Now way are there three reports with different death tolls? It's because there
are no official statics of how many people have died on the trek to Europe, the
bodies are not identified, there is no death certificated made, and families
are not notified. There is no paper trail for the bureaucrats to follow or
established policy, it almost like the problem isn't there, but it's a very
visible/invisible problem that pretty much smacked Europe on its face. The
problem got so bad that municipalities and towns where many of the dead were
being found had run out of space to bury the dead, there was a need to allocate
new terrain for cemeteries.
In 2015
IOM establishes that 1.011.712 million MRs have entered Europe during the
crisis, and up to the 15 of August of 2016 they had 266.042 people arrived,
with 3151 fatalities during that year. The Syrian crisis that is pushing Europe
to the limits that have not been seen since the Boat People crisis after the
Vietnam war.
Now from
2013 to 2015, a series of reports by the International Organization for
Migration (IOM) diagnosed that the lack of a proper migratory policy was
leading to a large amount of unnecessary migrant deaths and a possible crisis
could be on its way. In a study called Migration Trends Across the
Mediterranean: Connecting the Dots, written by the IOM's regional office
MENA, explains how the lack of
coordinated policies lead to the death of 3.500 people in 2014 and 3771 deaths in 2015. This tragedy was owed to the fact that Europe
had severe structural administrative, political and security failures,
generating a situation where people have taken unnecessary risks out of
desperation putting their lives in danger.
The
European Union itself has a very particular institutional and legal situation
that we will not get into because it would be report all to its self, but one
can affirm that the whole system buckled and almost totally collapses during
the refugee crisis in 2015. The crisis had a strong undercurrent of migrants
mixed into the flow of refugees heading north through the Western Balkans.
Adding to the situation Dublin III had
been suspended generating a push for MR into the heart of Europe heading to
Germany since they did not have to stay in the first country that had arrived
to. This was done to relieve the burden of Italy and Greece who had a massive
accumulation of MRs in their territories and also reduce the cost of taking
back to force migrants back to the first State in which they had arrived
to, which is established in Dublin III.
The crisis also provoked that transit countries of the Schengen Area near the
Balkan Corridor temporarily reinstated land border controls. Frontex was shown
to have a lack of means and recourses in stopping the flow from reaching Europe
in the first place and in early 2016 the EU/Schengen policy of non-foulement[5] was broken forcing refugees and migrants out
of Greece and back to Turkey.
An
important recurring issue in the migratory reports of the last three years is
the political void of the border deaths and missing, which isn't exclusive to
Europe because it happens on a global scale, but most reports centers around
the fact that the Mediterranean is
probably the most dangerous place on the planet for migrants that are trying to
cross it. In a Study called Mediterranean Missing, Understanding the Needs of
the Families and Obligations of the States, 2016, by City University,
University of York and the IOM, establishes
that there is policy vacuum produced by the fact the EU does not know how to handle the deaths of the people that try to cross
the Mediterranean. There isn't a standardized protocol how to manage and
dispose of the bodies of the dead that are found in European waters and coasts.
EU countries (like many other States) do not identify the dead or inform their
families denying them solidarity and closure.
Nor EU or individual State members have centralized database holding
information on migrants missing, identified dead, unidentified bodies or DNA
samples. Sometimes the only place where families can get information is from
the smugglers which tend to lie, establishing that their loved ones have
crossed and are alive and well, because telling the truth that they have died
is bad for business.
Now, this
also affects the capacity for the EU States to handle the issue, because not
managing this problem correctly. Not elaborating statistics, does not generate
a paper trail, so the authorities do not have the correct information to be
able to fix the problem in the first place because they are operating blind
wasting time and money with reactive policies. But it is to be seen what will
change and impact in border security and control with Frontex that has
converted into the official border security and cost guard of the European
Union as of September of 2016 expanding its mandate, not covered in the first
two quarterly reports of 2016. The third and fourth 2016 quarterlies have yet
to be published, to see this institution's impact on the migratory flow, with
its new extended mandate.
Something
observable in Frontex's quarterly
reports is that they go great lengths to not to use the term Irregular
Migrants, but it does not use the term of Illegal Migrants either. They use the
term Illegal Stay; these institutional documents walk the symbolic tightrope
political correctness and the need to instill urgency of a threat very well.
Another
term that is different in these reports is that uses the term facilitators and
not traffickers/smugglers, and it doesn't define the concepts. Now during this
first and second quarter studies, the Frontex informs that it had 568 cases of
stopping facilitators operating in the Balkan corridor. But the report
establishes that migrant movement during the refugee crisis was very
self-organized in this region, not depending on smugglers to reach their
destination.
In
Frontex's second Quarter Report (Q2) of 2016 mentions that Afghans are becoming
the most prominent group in the region being 34% of the of the total of the
nonregional migrants while Syrians dropped to the second place with 16% (P8
WBQ2). One must note that Afghans and Iraqis seem to be a constant in Europe as
irregular migrants, the EU will have to take proactive steps if they want to
take control of these migrants that had taken advantage of the Syrian crises to
piggyback their way into Europe.
Irregular
migratory movement in 2016 has grown by 19%
in the Schengen area from Q1 of 2015 with 127.000 cases, with Iraqis and
Iranians, citizens being the most prominent. Also, Frontex mentions the
presences of Moroccans and Algerians that tried to enter Europe through the
Balkan corridor and Hungry, and in some cases with Syrian IDs.
Frontex
ranks refusals at entry with Ukrainians in the first place with 6.555, Albanian
with 3.615 and Moroccans at 1.755, all of these cases at land crossings, while
Brazilian had the highest refusal rate at European airports 878. Reports
establish that the Syrian Refugee flow has mostly stopped, but we can observe
the studies concentrates on how to stop Albanian, Kosovar, Afghan and Turkish
migrants in the southeast. In the North
East, there seems to be worry over Russian
movement and transits, and illegal
overstays of Iraqis and Iranians in the heart of the EU is a cause of alarm, so
we have to wait till Q3 and Q4 to see how these dynamic situations evolve.
EU member
States that have had significant migratory events in the past three years:
Czechia/
Czech Republic: Here is a case worth mentioning in how to handle human
trafficking which isn't the only case in Europe, but it is a good example in
how to combat this crime correctly. In the United States, Department State
of TIP report of 2016 classifies this State as a tier 1
country having cases of debt bondage in the construction sector, forestry,
manufacturing, and the service sector. But is interesting to see how the report
centers on the positive steps the country has taken to combat these migratory
crimes, like helping more NGOs engage and assist victims, train and add more
law enforcement exclusively dedicated to fighting this crime and training
judges and prosecutors in how to manage these cases to help victims out.
Germany: This country that has been the main
destination for many of the refugees, with migrants that have piggybacked their
way into the heart of Europe, trying to
take advantage of the situation. So not only does Germany have to deal with the
influx of Syrian refugees during the crisis of 2015 but also a strong flow of
migrants from the Balkans that are also petitioning for Asylum, even though
they are mostly are economic migrants. So the German authorities had decided to
take the position on this issue, fast tracking and rejecting these petitions of
citizens of this region adding their State to an official "Safe
Country" list. In 2014 Germany had Bosnia and Herzegovina, the Republic of
Macedonia, Serbia, Ghana and Senegal on the safe country list and added in 2015
Albania, Kosovo and Montenegro, and by law,
anyone of these countries can only be taken off the list by decree for a
maximum time of six months. For example out of 49.692 Albanian asylum petitions
were taken by Germany from January to October 2015, only seven were given
refugee status and 25.600 were rejected, we have another example with citizens
from Kosovo that made 35.600 asylum petitions in the same time frame and also
only having seven acceptances for refugee status and 24.400 rejected. While in
contrast 103.708 Syrian petitions were
made in the same time frame and while still being processed only 0.02% were
rejected (Asylum Information Data Base AIDA 2016).
Other EU
countries also have safe countries lists like Austria, Belgium, Bulgaria, Czech
Republic, Denmark, France, Ireland,
Luxemburg, Malta, Slovakia... just to name a few , however, each country has a
different lists, but Albania, Bosnia and Herzegovina, Kosovo, Montenegro and
Serbia are on most of these lists. Now the European Commission has expressed
the need to establish a unified list, but the initiative has not materialized
yet.
Greece:
This country has felt the brunt of the Syrian refugee crisis, with a massive
number of refugees and migrants using its territory for transit entirely
overwhelming its public services while trying to recover from an economic
catastrophe. The MR flow crossed from Turkey through the Aegean sea, so in 2014
Frontex started Operation Poseidon was created to help lift some of the burdens
the Greek officials were going through trying to manage the situation helping
the country with border security, search and rescue missions, registration,
identification and deportation. Frontex added with 19 vessels, one aircraft,
two helicopters and 667 agents from around Europe, with a cost of 6.626.661
Euros (Frontex and European Commission 2016).
NATO also collaborated with Frontex, adding 31 vessels and working
intelligence to crack down on smugglers, working with the Greek and Turkish
coast guards, and analyzing the possibility of extending its missions to other
areas of the Mediterranean.
Italy and
Malta: The surge of migrants arriving in Italy and the Lampedusa tragedy 3 of
October of 2013, where 366 (OIM 2015) migrants from Eritrea, Somalia and Ghana
that sunk off the coast of the Italian island. This tragedy was a game changer,
there had been a before and after marking precedent of the incumbent crisis,
the Mare Nostrum program was born as a result, its primary mandate was to
search and rescue. But it produced an unwanted effect on the migratory flux, a pull effect, MRs would hit the seas knowing
if they didn't make it there was a good chance that the Italian's would save
them, the traffickers actually took advantage of the program. Also during Mare
Nostrum many of the possible MRs that could have arrived at this Island ended
up in the Sicilia. After a year Mare
Nostrum is replaced with a Frontex program called Triton, which had fewer
resources and its mandate centered around the protection of Italian and Maltin
territories. Frontex also added two more operations that would complement
Triton: Hermes and Nautilus, these three programs to complement each others
efforts to stop MRs from Tunisia, Libya and Algeria. Up to 80% of MRs that
reached Italy in 2015 used Libya and Egypt as their platforms to cross to
Europe, with the closure of the Balkan corridor the Libyan route started to
become the most deadly way to Europe.
Now the
EU itself also has created a special naval force working under the mandate of
Operation Sophia which started in August of 2015 patrolling the Mediterranean
to stop Smugglers vessel from reaching Europe, having arrested 89 smugglers and
being handed over to the Italian authorities.
This operation also worked search and rescue missions, having saved more
than 26.000 migrants.
Spain: In
a fascinating report by Altai/IOM from 2015 called Migration "Trends
Across the Mediterranean: Connecting the Dots", explains that
90% of all irregular migrants entered legally to Spain and became
irregular when their permanence expired and only 10% (10p. Altai 2015) entered
through illegal boat crossings. Most of the flow the heads to Spain originates
from Senegal, Cameroon, Guinea and Nigeria. And the report makes the
observation that there has been a steady transition from migrants to Asylum Seekers.
The two
largest groups of irregular migrants in Spain during 2014 were Syrians with
66.684 people and Eritreans 34.341 , and
it must be noted that both nationals cross the African continent from east to
west, instead of trying to cross through Egypt or Turkey, these two groups were
far ahead of the unspecified Sub-Saharans at 26.341. Spain had 5.941 asylum
petitions made during 2014 with Syrians being around 28% , Ukrainian nationals
at 16% and Malians at 10% (26p. Altai 2015).
Spain has
three Frontex Operation working on its doorstep trying to stop illegal entries
into its territory: Hera, Indalo and Minerva, patrolling its waters trying to
stop smugglers and working search and
rescue missions.
Now what
sets Spain apart from other European countries is that it has two enclaves in
Morocco Ceuta and Melilla, which that are completely fenced off from the
African nation. In the case of Melilla
the IOM report mentions that migrants
storm the fence in large groups and authorities from both sides try to stop
them but some do make it through, and it must be noted that the Moroccan
authorities have built a second fence perimeter on their side.
Now for
Ceuta because of its geographic position migrants try to access it by sea but
are pushed back with force by the Spanish Guardia Civil and they have used in
the past pellet guns to scare them off, but this particular practice has killed
migrants in the past.
Frontex
partnership Western Balkans ( Albania, Bosnia and Herzegovina, Kosovo,
Macedonia, Montenegro, Serbia):
There has
been in the first quarter of 2016 an 84% decrease in illegal transits compared
the previous quarter in 2015 with 215.000, with Syrians, Afghans, Iraqis,
Pakistanis, Iranian and Moroccans being 48% of the bulk of the flow while 51%
are of unknowns nationalities (P 6. WBQ1 2016), while during Q2 there were 26.488 illegal transits with an
88% drop from Q1. The EU-Turkey agreement has affected that migratory and
Refugee flow of the whole region, adding the coordinated efforts of the
countries of the region and the EU since November of 2015 they start slowly
blocking, filtering and funneling refugees and migrants back to Greece and
after the agreement back to Turkey. The 9th of March the corridor was
officially closed. Until the EU-Turkey agreement went into effect, there was a
large mass of Migrants and Refugees
(M/R) accumulation in Greece putting stress on their infrastructure. In 2016
the number of arrivals to Europe dropped from 1.056.599 people in 2015 to
387.739 (IOM 2017), this in good measure is owed to the coordinated efforts of
the EU with the Balkan States, Greece and Turkey.
Now in
the first quarter of 2016 had 8.800 border rejections of migrants that could
not enter the EU States next to the
Balkan corridor and the Balkan partner countries, while in the second quarter
they had 10.000 cases, with citizens from Balkan States that are not
part of the EU are the most rejected group followed by Turkish nationals. The statistics of these
rejections are not in the front part of the Frontex report like other data but
in the annex because it a politically sensitive issue the rejection of Citizens
that are part of the partnership and the rejection of Turkish nationals, a
country that has allowed Syrian refugees back in to alleviate Greece.
In the
Frontex, Q reports establish that
Albanians and citizens of Kosovo are most common cases of migrants that use
fake travel documents using fake EU IDs and both of these nationalities also
are the highest regional cases of overstaying permanence. The study also makes
the observation of Turkish nationals that are illegally establishing themselves
in Bosnia-Herzegovina but does not give statistics on the issue.
Now
referring to human trafficking the US TIP report give most of the Balkan
countries are a Tier 2 classification, for example, the study mentions that
Bosnia and Herzegovina has a general lack of protection for victims in the
country or these State have a lack of resources. But Croatia has a lower
classification than the rest with a tier 2 watch list. With cases of Bosnians and Romanians being
forced to work the agricultural sector jobs and the countries judicial system
that has a high-level acquittals of perpetrators that force migrants to work, of now on the
other hand the State is helping NGOs
establish shelters.
Another
country that must be mention from this region is Macedonia downgraded from a
Tier 1 in 2015 to a tier 2 in 2016. This
country has problems with border guards that have been involved with
traffickers and even under the strain of the migratory crisis the government
didn't put in enough effort in managing the situation. But the biggest problem
for the TIP report was that the government discontinued its partnership with
the NGOs that had outreach programs to help the victims of human trafficking.
Now the
TIP report criticized Macedonia while the Frontex studies only mentions that
during the height of the Refugee crisis Macedonia built a two-layered fence and
added more border guards that were trained and given resources by the IOM and
the European Commission to help the country manage the situation.
Frontex
Eastern Partnership:
These
particular reports focus on the European Union's eastern border and its
partnership with neighbor countries Belarus, Ukraine, Moldova, Armenia,
Azerbaijan and Georgia, with Frontex. The first two Quarterly reports of 2016
explains that most of the Illegal crossings at the eastern European border were
not migrants but smugglers with contraband out of 840 cases in Q1 they were
about 55% of the detained being Moldovan, Ukrainian and Russian nationals while
45% were migrants from Afghanistan and Vietnam (P 8. EE Frontex 2016). This
scenario pretty much repeats itself in the second Quarter.
The
report mentions an Arctic route of migrants that enter through Finland with
migrants from Afghanistan, India, Cameroon, Pakistan and Bangladesh, but this
path has been closed, but the study does not explain how this route was closed.
Again we
are confronted by the concept of facilitators, which have grown in presence in
this region and the report establishes that smugglers are present in the region
being mostly from Russia particularly from the region of the Caucuses, Ukraine and
Belarus. But since of the closure of the Arctic route to Finland migrant
smuggling has dropped significantly. Document fraud doesn't seem to be an issue
in the region with very few cases and visa overstays do not seem to be much of
a problem either but that 99% of the cases were discovered when leaving means
that Eastern border countries don't actively search for irregular migrants.
While the Russian Federation during most of 2016 started to crack down on migrants
and heightened their `policing of their western borders shared with Europe.
There
have been 19.293 refusals during Q1 at
Eastern European borders mostly done by Poland, rejecting the entry of
Russians, Ukrainians and Moldavians (P8. EE Frontex 2016). Now during Q2, there has substantial
increase with 25.640 rejections of entries again mostly by Poland rejecting
citizens from the same State from the previous quarter.
Now let's
focus on some of Frontex's partner
States that have had some attention from migratory reports these past few years
starting with Armenia, a transit country that is a Tier I nation taking
important step fight trafficking in person in its territory. But there it is
still a source country for women and children for the sex trade and other forms
of exploitation, mostly being sent to the UAE and Turkey, while Armenian men
are subjected to force labor in Russia. It must be mentioned that George
Armenia's neighbor and also part of the partnership is also tier 1 nation
taking many of the same steps and suffers the same problems as Armenia.
Armenia,
Azerbaijan and Georgia have taken a great efforts to disrupt the flow of
foreign fighters transiting through and returning to their respective territories,
they have invested heavily in their border security: for example
using biometric and biographic ID
control of people transiting through their respective borders, control passenger manifest on
flights and establishing watch list. This possibly could have a spillover
effect in hindering or stopping human trafficking and smugglers, because tools
are fundamental in catching these criminals. Now in a US State Debarment report
on Terrorism published in 2015, it affirms that these countries put in all this
extra effort on the border and document security because these State wants to
secure visa-free travel to EU countries. Heavy securitization can be a double
edge sword for migrants, on one hand, it can weed migratory crime but can be an
obstacle for migrants because State can use national security as an excuse to
block migrant from transiting or establishing themselves in their territory.
Belarus a
country that an interesting situation, that makes it unique in Europe, it is a
tier 3 country almost the lowest ranking on the US TIP report, their citizen
are victims of the trafficker and being sent to Russia, Poland, Turkey and
other Middle Eastern Nations. This country is also a hub for trafficking
nationals of third countries, and another aspect that makes this State standout is that Belarus sponsors forced labor,
unemployed people must pay a fee to the State or face compulsory community
service, and this could be an import push factor for its citizen wanting to
migrate to Europe.
Chapter 4:
Africa ¿Land of Lost Hope?
To begin
this section on Africa giving a brief picture some of the general problems that
migrants have to face in their trek towards better opportunities, then we will
observe particular challenges that were relevant during the last three year in
individual countries. No African nation is classified as a Tier 1, 20 of its States are tier 2 countries like
Ethiopia. Morocco and Egypt, 16 are tier 2 watch list, with Mali, Niger and
Tunisia being the most notable. Now the continent has the highest concentration
of tier 3 States with a total of 13 with
both Sudans, Eritrea, Djibouti and Algeria being some of the most complex
cases. And finally, two of the three special cases of countries that suffer
extremely high levels of lawlessness Libya and Somalia can be found in this
group of nations.
A significant problem characterizes this
content is a large number of Stateless people, who are individuals that lack
any kind of identity documents and their countries do not recognize them as
their citizens/national, and severely hinders their access to any essential
public services like health and education complicating these people economic
opportunities. The UN agency for Refugees estimates 10 million people are
Stateless around the world and 1/3 are minors (P23, TIP 2016).
Now, why
are Stateless people of interest in a migratory report? Well its due to the
fact that they do not have any type identification or nationality in the first
place, as mention before, so obviously they do not have travel documents so
there obligated to transit illegally, having to use smugglers to cross,
possibly falling into the hands of traffickers because they are easy targets to
coerce or to tricked into bonded labor.
Stateless people are the permanent fuel reserve for the trafficker and
smugglers.
Another
aspect that traffickers take advantage is that stateless people are not
nationals of any State, they have no
national authorities to go to, these people have never been registered as
citizens anywhere, so no State has the obligation to find them if they go missing,
they are as invisible as you can get.
A
Stateless person can't access public education, health, get married, get a
driver's license, work...legally, it like they don't exist; But how does this
happen? Well, usually when a person is
born the infant acquires the nationality of where he/or she is born, or it is
obtained through descendence from their parents, and in some cases, a person
must apply to become a national in the first place. Most of the time citizens
are formally registered in the public administration of the country where they
were born and is given a birth certificate and identification. Now it must be
understood in the case of many African States especially sub-Saharan Nations,
they do not have their whole population covered with identity documents, but
not all of these undocumented people are considered Stateless. Now some people
are born stateless, and others become stateless; but how can this happen?
Basically State themselves generate this situation through action, omission or
error, they negate the possibility of particular people in their territory the
opportunity in accessing citizenship, in some cases the mere presence of these
individuals is deemed illegal, even if it's their country of birth.
An
interesting example of Stateless people in Africa, is the case of the people
that fled the civil war in Liberia and Sierra Leone that are no longer
considered by their host countries as refugees and were not allowed to
naturalize there and have had difficulty repatriating themselves, in an article
called "Who belongs? Statelessness and Nationality in West Africa" by
Bronwen Mandy gives the example Liberia turned down 1.000 petitions for
Passports from ex-refugees that were Liberian, but their homeland justified
because these people did not have enough Knowledge of Liberia.
In Africa
groups that are at risk of becoming Stateless are: as mention before
refugees, irregular migrants and their
children are explicitly discriminated against and not allowed to naturalize or
have legal residencies, nomadic populations that have always suffered
suspicions from settled populations, border population that no State wants to
take responsibility for and children
that are born out of wedlock with single mothers or raped women in which many
African countries will not give this person nationality because it is only
given through paternal descent.
Now in
Africa, even those who would have no problem into accessing the right of
identification and nationality are a serious issue accessing them because of
the excessive requirements and costs. Weak in civil registration and
identification plagues the African States, only 4% of births are registered in
Liberia, 24% in Guinea-Bissau and less the 50% in Niger and Nigeria
(Bronwen/MPI 2016), so many African have no opportunity in acquiring the basic
travel documents that they need, pushing them to migrate irregularly. And if they could African travel documents have very little
access to visa-free travel, another hurdle if they want to migrate, in a ranking of 160 countries made by
passport index, in the bottom ten countries five are from Africa Somalia, Ethiopia, South Sudan, Eritrea, and
Sudan. Seychelles is the highest ranked African country in 55th place and South
Africa the first continental State at 93rd.
Eastern
Africa:
Djibouti:
This country is a transit place of Ethiopian, Somali and Eritrean voluntarily
and involuntarily migrants in route to Yemen and Saudi Arabia. This country is
a Tier 3 State, so it's a hotspot for human trafficking and a distribution hub
for these criminals, and adding to this situation because of the between Yemen and Saudi Arabia that has been
raging since (YEAR), 30.000 Yemeni
citizens have crossed into Djibouti fleeing the war in their country of origin,
being exploited once they arrive at this African nation, some being kidnapped
for ransom by smugglers.
Eritrea: This State is classified tier 3 and
both the IOM and TIP reports establish that Eritrean nationals are
suffering disproportionally at the hands of traffickers, in a study by van
Reisen Estefanos and Rijken, called The Human Trafficking Cycle: Sinai and
Beyond mentions that between 25.000-30.000 (121p. FJ) Eritreans had fallen
victim to organized crime between 2009-2013 and around 10.000 have died. Many
were kidnapped for ransom, that if not paid, they are killed, and some get
their organs to be sold on the Egyptian black market, which in the report
mentions that the World Health Organization (WHO 2015) accuses Egypt of being
an organ trafficking hotspot. In the Mediterranean Missing report from 2016
also accuses Turkey of organ trafficking, practicing unnecessary autopsies on
the dead to mask organ removal from the bodies of dead migrants and refugees
Now what
drives Eritreans to leave their country, the report mentions that obligatory
military conscription pushes many people out to the country, because the time
they serve in the military is just terrible and inhuman. Evading this
obligation is considered a major crime in the country, this puts people on the
run and adding to this situation Eritrean government has a policy of shooting
on sight if caught red handed leaving the country by land or sea.
It must
be noted that in the TIP report, Eritrea only gets a very basic diagnostic,
about two paragraphs, while most countries get half to a full page of
information. The study explicitly mentions that
US official have no idea what's going on in the country, in another
report on Terrorism published 2015 also by the State Department they actually
recognize this problem and put as a priority to obtain intelligence from this
country.
Ethiopia:
This countries national also fall victim to trafficker once they cross into
Yemen, and even those who are not victims of these crimes suffer significant
hardships in their route to Saudi Arabia, now during 2013-2014 this Arab
country had a cracked down on migrants, using forced returns with deported
160.000 (p 141. FJ) Ethiopians. As mentioned previously the flow into Yemen is
bidirectional, but it's estimated that in 2016 around 92.000 (P 24. FJ2)
Ethiopians are in Yemen, and 168.000 Yemenis have left their country with
79.000 have crossed into Africa.
Many
Ethiopians boys are trafficked to Djibouti and forced to work as errand boys,
domestic workers, thieves and street beggars. But many times the minor's parent
forcibly send them to Djibouti, or they leave the country by their own
initiative by bribing public officials
to acquire passports without their parent's consent to search for work tending
to fall into the grasp of traffickers most of the time.
Ethiopia
has one of the highest fertility rates in the world with a population of 92
million, so a full blown Ethiopian
Exodus in the future could be a potential crisis in waiting, one must add that
in this country there is also a culture of migration, to migrate and establish
oneself is a sign of personal success.
Sudan: This country is characterized with a
complicated situation with extraordinary amounts of unaccompanied minors,
refugees and asylum seekers primarily from East and West Africa that somehow
have ended up in its territory. People that are vulnerable to sex trafficking
and forced labor, there have been reports of cases of Ethiopians and Eritreans
being abducted from Sudan based refugee camps. Eritreans have even been kidnapped
from or near border crossings, brutalized and offered return only if a ransom
is paid, the responsible from this particular migratory crime are linked to the
Rashaida Tribe, but the Sudanese border guards allegedly facilitate the
abductions (IOM 2016).
Northern
Africa:
Algeria:
Even though this country is a member of the IOM
neither both Fatale Journey reports or the Connecting the Dots study
mention this country, and both studies write extensively about what is
happening in the region of the Maghreb referring the perils and difficulties
migrants suffer in that part of the world. But the US Tip report does elaborate
on the Human Trafficking situation in this country, that is classified as a
tier 3, explaining that undocumented sub-Saharan migrants from Mali, Niger,
Cameroon, Cote d'Ivoire and Nigeria are vulnerable to labor and sex
traffickers, because of their irregular migratory status, their need to work,
to be able to feed themselves and the language barrier, creates this level of
social isolation that make it easy for trafficker to obtain new recruits.
Isolation
plays a fundamental role for human trafficking to thrive and maintain itself;
it seeks to hide from government oversight, finding a strong foothold in rural
and agriculture areas, at high sea in fishing vessels, in mines and in other
isolated industries like textile workshops. But there are other forms of
isolation that migrants suffer especially which can be cultural, political and
legal isolation in transit or destination countries which pushes them
illegality, which can leave these people in a situation of vulnerability for
the trafficker to take advantage of this situation.
Debt
bondage with smugglers is a common practice in this country, with migrants
having to pay for their services through domestic labor, forced begging or
prostitution. In some cases of the beggars will rent babies to other conational
beggars so they can generate more sympathy and make more money.
The
Department of State report affirms that Tuareg are one of the groups that
pushing the slave trade in the reason, thanks to their capacity and logistics
in the Sahel. The Report also explains that the Algerian authorities are
sluggish in their response to the cases of human trafficking and have the
tendency of arresting and detaining the victims of migratory violations, so
these people many times do not have who to turn to and do not denounce in fear
of ending up in jail themselves.
Vacatur is a fundamental concept in the fight against human trafficking;
it establishes that crimes committed as result of being subjected to
trafficking, such record should be vacated or expunged. Vacatur is the formal
recognition of factual innocence because if this doesn't happen victims cannot
make any plea for help to State official because they are at risk of being
jailed or expelled, and this plays right into the trafficker's hands.
Egypt: A
trafficking issue that stands out in Egypt, is when individuals from the
Persian Gulf, including Saudi, Kuwaiti and Emirati nationals perches Egyptian
women and girls for temporary or summer marriages for the commercial sex and/or
forced domestic labor, with the parents of the girls work as the transaction
brokers. Syrian women have been easy targets to force into marriage or to sell
them off as domestic labor
In Egypt
itself South Asians, East Africans and Syrians are subjected to forced labor,
domestic services and begging, and the report explains the foreign domestic
workers a not covered by Egyptian labor law leaving these people in an extremely
vulnerable situation, suffering excessive hour of work, confiscation of travel
documents, withholding wages, denial of food and medical.
The Sinai
Peninsula had been a hotbed of illegal activities of human and organ
trafficking, a place where many Eritreans fall victim, but during 2015/16 the
Egyptian Army have moved into the area expelling these criminal elements, but
it's possible that these same groups have resurfaced and relocated on the
Libyan border.
Libya:
Racism and Xenophobia are major issues for migrants in this country, and this
is added to the already complicated social-political situation, but migrants
still travel to this country searching for work. Now when they arrive
discovering the hostility towards them, and this tends to push them to try
their luck in crossing the Mediterranean, before returning home empty handed to
their homelands. In some cases migrants are trapped in Libya not willing to
cross to Europe and facing a hostile situation, they find that they have no one
to go to because most countries have closed their embassies since the end of
the war.
In the US
TIP report doesn't classify Libya in any
of the tiers, but considers this country a Special Case, with Somalia and
Syria, these are State with a high level of lawlessness due to the conflict
that these States have to deal and this internal chaos has produced a fertile
breeding ground for trafficker and migrants exploitation in general. In the
case of Libya, this country has
trafficking networks reach stretch into Niger, Nigeria, Chad, Eritrea,
Ethiopia, Somalia and Sudan shuttling victims to forcibly work Libya or trick
people into going to the country with the promise of a false job.
In
the Connecting the Dots Report reveals
why there is such hostility towards migrants, explaining that rival factions, the official government, and
rebel groups, accusing the migrants having helped the opposing side, with a particularly strong scapegoating
against Palestinian and Syrians, but
this comes off somewhat as a
paradox because the Libyan Crisis has "created the perception of the Door of Europe being open" (82p. Altai)
and Libya is the doorstep. Libya is the main jumping point to cross to
Italy and Malta, 80% (78p. Altai) of all
the illegal boat arrivals to Italy part from Libya.
In the case of Sub-Saharan migrants, there is
a strong cultural push back in this North African country against what was
Muammar Gadafi's migratory policy of open doors towards African migrants, being
part of his Pan-African political stance. Now, in contrast, the country has 18
official detention centers, under the control Directorate for Combating Illegal
Migrants, a public institution created specifically to crack down on irregular
migrants. Now one must note is that in the rebel-held areas of the country they
also have migrant detention facilities but in unspecified numbers.
The 26 of
June of 2016 The European Commission created two task forces to engage Libyan
authorities to control the outflow of migrants better using their country as a
platform to cross to Europe. The first mission was to prepare Libyan coast
guard and Navy better, to stop smuggler vessel from using their costs. The
second mission affects the migratory flow indirectly is coordinating with the
Libyan State in stopping the flow of weapons from crossing into Europe leading
to more control on vessels, possibly stopping smuggler in these checks
(European Commission 2016).
Morocco:
When migrants arrive to Morocco many stay
because of the difficulty in crossing to Spain, be it because the
hindrance of the Moroccan or Spanish authorities or by the fact that they
actually find jobs in the country, Morocco has a need for migrant labor in the
agricultural sector and in construction and authorities actually gives them the
possibility of establishing themselves legally, so they can be able to work. So
in various ways, this State sometimes works like a buffer/barrier nation
blocking the entrance to Europe, and they use this capability as a political
tool to negotiate with Europe.
Some female
undocumented migrants primarily from Sub-Saharan Africa and South Africa are
coerced into prostitution, the TIP report mentions that criminal networks
operating out of Oujda near the Algerian border and in the northern coastal
town of Nadar forced undocumented migrants into the sex trade and into begging
(TIP 2016). The study also mentions Cameroonian and Nigerian trafficking
networks established in Morocco exploit migrants and also threaten their
families back home if they do not do their biddings (TIP 2016).
There are
four main crossing routes to Spain from Morocco: through the Gibraltar stretch, Tangier-Tarifa
and two land crossings into Melilla and Ceuta, the two Spanish enclaves in
Morocco that were mention before in the section about Spain. A big issue with
Spain is the fact that Syrians are able to "rent" Moroccan passports,
because ethnically they are similar to Moroccans who are allowed to enter
transitorily to the enclaves, once in, they petition for asylum. It is
interesting to see that later this worked the other way in 2015 because
Moroccans posed as Syrian in the Balkan corridor to enter Europe.
Tunisia:
The country has disarticulated most of the migratory flow through its territory
especial heading towards the sea, there are many migratory checkpoints in the
country filtering out irregular migrants. But everything isn't perfect in this
country there have been reports of mass graves near Zargis of bodies that wash
up on shore, locals have nothing to do with the dead, so they throw them in a pit
at the local landfill.
West and
Central Africa:
Mali: The
situation in this country isn't as bad as previously mentioned African
countries but it does have a trafficking hotspot the city of Gao being pinpointed as another
trafficking center for migrants, in OIM reports, but in the US TIP report Mali
is a Tier 2 not mentioning the criminal activities in this city, even though it
mentions that "alleged corruption is pervasive throughout the security
forces and judiciary institution, which impedes on the government's efforts to
persecute crimes in general, including trafficking" (p260 TIP 2016). The
Report does mention that the Tuareg do practice hereditary slavery practices
and that Malian boys like many other West African youth that are of Muslim
faith are forced to beg for their Marabouts / Religious Teachers.
Mauritania: Like in Niger hereditary slavery
is practiced in this country, having a traditional slave cast, women of this
group are at high risk of being forced into the slave trade and being sent
abroad. The TIP report affirms that Middle Eastern and North African use
legally contracted marriages to sexually exploit Mauritanian women and girls to
become sex slaves in Saudi Arabia, sometimes women are tricked to think they
are going to be employed in Arabe State and end up or in the sex trade or in
forced domestic servitude. West African boys sent to the Mauritanian Muslim
religious schools are forced to beg for the local Imans, but really stands out
in the TIP report about this country is that "41% of Mauritanian children
lack birth certificates, so generally are not permitted to enroll schools,
which increases the risk for being trafficked"(p263 TIP 2016), and as
mentioned before the lack of proper civil registration open the door to all kinds
of human rights abuses.
Niger
(Source, Transit and Tier 2 Country): This country is characterized by having a
cast based slavery system, Islamic religious teachers called Marabouts make
their students beg, prostitute themselves and force them into domestic labor,
and OIM reports establishes that the cities of Arlit and Agadez, are human
trafficking hotspots. Loosely organized networks of Individual including
Marabouts trafficking migrants to Algeria, while in the south near Nigeria
Borno State Boko Haram kidnaps minors to serve in their terrorist organization.
Trafficked
Children from Niger and from Neighbor countries are sold to work in countries
mines, while trafficked women are sold as "Fifth Wives" who are
subject to forced domestic and sexual labor typically they between the ages of
9 and 11 and their children are born slaves (TIP 2016).
Syrian in
Africa: Something that laid the groundwork for the disaster that pushed
thousands of Syrian fleeing their
conflict to cross by boat to Europe via Turkey , when air travel routes started
to be blocked in 2013 Egypt started to require visas for Syrian passengers so
airlines companies wouldn't embark those who didn't have them and Egyptian
authorities wouldn't issue them, in 2014 Algeria and Libya followed the same
example, leaving Sudan as the only option to travel by air and latter they
would transit to Libya by land to try and cross into Europe by boat.
Conclusion:
18 years
ago when I started to study international relations, you couldn't stop reading
about globalization, international comers and integration would progressively
erode the necessity of borders, people and goods should and must move freely.
What a stark contrast with the world we have today that has governments of many
State fixated on building fences, walls and barricades, around 70 countries
around the world have built some kind of physical barriers to stop the movement
of migrants or refugees, be it from their neighbors or for people from third
countries. In the past three years, there has been an explosion of
announcements and construction of border barriers and the temporary
reintroduction of border controls in the Schengen area which I have summarized
in this reference chart.
Country
|
Barrier/Fence/Wall and
Reintroduction of Border Control in Schengen Area.
|
Reasons
|
Algeria
|
Announced the creation of a
barrier on its border with Libya and Morocco in 2015.
|
Immigration,
Trafficking and Security.
|
Austria
|
Announced the creation of a
barrier on its border with Slovenia 2015 and Italy 2016. Temporarily lifted
Schengen and reestablished passport border control during 2016 and during
early 2017.
|
Immigration.
|
Bulgaria
|
Completed its barrier with
Turkey in 2015. And has it military patrolling its Sothern border.
|
Immigration.
|
Demark
|
Temporarily lifted Schengen
and reestablished passport border control during 2016 and during early 2017.
|
Immigration
|
Estonia
|
Announced the creation of a
barrier on its border with Russia in 2015.
|
Security
and Territory.
|
France
|
Reintroduction temporarily
of border control in Schengen area from 13/11/15 to 26/01/17.
|
Security.
|
Great
Britain
|
Complete a border fence in
Calais and Coquille France in 2015.
|
Immigration.
|
Germany
|
Temporarily lifted Schengen
and reestablished passport border control during 2016 and during early 2017.
|
Immigration
|
Hungry
|
Completed a border fence
Serbia, begun a barrier with Croatia and announced with Romania all in 2015.
Country plans for a second fence for 2017 to have high-tech aspects
like electro shocks, load speakers, cameras and heat sensors.
|
Immigration.
|
India
|
Announced the creation of a
barrier on its border with Bhutan 2015.
|
Security. One must note that
this country is already completely fenced off Bangladesh and Pakistan.
|
Iran
|
Complete barrier with Iraq
in 2015 and previously announced creating a fence on its border with Turkey
in 2015.
|
Immigration
and Security.
|
Israel
|
Completed a barrier with
Egypt in 2013, begun another the same year with Syria and announced another
with Jordan in 2015
|
Immigration
and Security.
|
Kenya
|
Announced the creation of a
barrier on its border with Somalia in 2015
|
Terrorism and Immigration.
One must note that this border is completely militarized.
|
Latvia
|
Announced the creation of a
barrier on its border with Russia in 2015.
|
Security
and Territory.
|
Lithuania
|
Announced the creation of a
barrier on its border with Russian exclave Kaliningrad in 2015
|
Security
and Territory.
|
Malaysia
|
Announced the creation of a
barrier on its border with Brunei, Indonesia and Thailand in 2015.
|
Trafficking
and Smuggling.
|
Mexico
|
Announced the creation of a
barrier on its border with Guatemala in 2015.
|
Other.
|
Morocco
|
Announced the creation of a
new barrier on its border with Algeria in 2015.
|
Territorial disputes, since
1994 the border between the two countries has been closed.
|
Myanmar
|
Has begun building a barrier
with Bangladesh in 2015.
|
Trafficking,
Smuggling and Immigration.
|
Namibia
|
Announced the creation of a
barrier with Angola in 2015.
|
Other.
|
Norway
|
Announced the creation of a
border fence on its border with Russia in 2016. Temporarily lifted Schengen
and reestablished passport border control with Denmark during 2016 and during
early 2017.
|
Immigration
|
Oman
|
Begun building a barrier
with Yemen in 2014
|
Security.
|
Saudi
Arabia
|
Completed a barrier on the
Syrian border in 2014 and announced another the same year on the border with
Qatar.
|
Immigration,
Security and Smuggling.
|
Slovenia
|
Started building a barrier
on its border with Croatia in 2015. The military controls the border and
enforces migratory control.
|
Immigration.
|
Sweden
|
Completed barrier in 2015
and Temporarily lifted Schengen and reestablished passport border control
with Denmark during 2016 and during early 2017.
|
Immigration.
|
Turkey
|
Begun a barrier with Syria
in 2015.
|
Immigration
and Security.
|
Ukraine
|
Announced the creation of a
new barrier on its border with Russia.
|
Territorial.
|
Tunisia
|
Has begun building a barrier
Libya in 2015.
|
Immigration
and Security.
|
The United State of America.
|
Announced in 2016 the
establishment of a new and more complete wall.
|
Security, Smuggling, Illegal
migrants, and terrorism.
|
Building
border fences or walls should be the last option on the table, but States are
using it as their first choice. The concept of border/separation and us/them
logic is back with a vengeance and here to stay, especial in Europe and the
United States. The stigmatization of the concept of border barrier that had
that taken hold after the fall of the Berlin wall has writhed away. Ever since
9-11 and the war on terror, finding fertile ground in societies that have lost
sensitivity towards needs of migrants or are feeling the burden of over
saturation or just will not tolerate migrants, in general, entering their
territories.
But with
all of this talk of walls and barriers, people tend to forget, paraphrasing
border expert Marcello Di Cintio:
History has already shown us how one of the most heavily fortified
borders in history with trigger happy guards, the Berlin Wall, could not stop
thousand of East Germans from crossing (Di Cintio/DailyMail 2016). I find that
the lack of historical perspective not only in migratory issues troubling, this
inclination towards right winged nationalistic policies that push this agenda
of securitization of migratory movements and border fences, as quick and
magical fixes. But these people are completing ignoring those border barriers
conceived like they have imagined to be a burden more than a blessing and have
questionable effectively. But these political promises of security and safety
from those politicians gain a quick political capital in the short term until
public spend becomes an issue.
The walls
and fences tend to divides communities and generate a strong a negative
psychological effect feeding into tensions, distrust and even a slow build
animosity. For example working in a border town[1], locals from both sides could
cross with minimum control with unique IDs because they lived there lives on
both sides. Now when it was established that they had to do the same ID
controls as everyone else crossing having to wait in line things heated up very
quickly, so imagine what a wall can do. Reece Jones, another known authority in
border barriers, explains these obstacles always tend to affect the poorest and
the most desperate affected, while drug cartels and terrorist groups have
resources to enter by safer methods, for example, getting their hands on more
favorable fake travel documents (Jones/Daily Mail 2016). One must not forget
that the Hamburg Cell led by Mohamed Atta that made the attack on the World
Trade Center all entered the United State with legal visas, not hopping the
border. Another example of how ineffective any kind of physical wall can be
against the modern terrorism States face in the present day group like ISIS do
not even need to move operatives they can just use the internet to inspire lone
wolf attacks in their name, no border need to be cross. Now in my point view
drug trafficking can be hindered up to a certain point, but as long as there is
demand for those products trafficker will find a way to cross their goods.
These
border barriers affect migratory movement in two ways, funneling migrants to
other areas where they can possibly cross or put themselves in danger. Like as
mention in the chapter about United State and its segmented enforcement the
provoking that migrants used services of traffickers to cross the dessert or
provoking a build of migrants at the border escalating the tension between
State especially when these people are from third State.
In my
opinion barriers can be very effective but must be defined differently and be
only part of a complete migratory policy, not a quick fix and center of a
States action because the problem will not go away because of the push and pull
factors on the migrants are still at work. If thing are done right, a wall can
be used as a lesser evil, and instead of funneling people to other areas it
should funnel them to places where people can get the proper control. If you
have ordinary people, not hardened criminal trying to enter illegally to
establish themselves, means that your migratory policy has failed, especially
if the barrier the was conceived for dissuasion.
An
effective migratory policy and a proper control is a product of exhaustive
cooperation on both sides, building ties and sharing information. There is a
need to create clear and unequivocal rules for migrants to obtain legal
residencies, no double standards referring to irregular migrants if you do not
want a large amount of undocumented competing unfairly in the domestic labor
market generating a possible future social conflict. Border security is fundamental,
but addressing the push factors in the countries where migrants come from,
sometimes directly investing in these place to generate work is much cheaper
than maintaining a small army to watch over a wall, for political this can be a
hard sell to their constituency but it is the most cost effective.
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[1] The Top Ten
countries with the most overall migrants from 2015 in
order The United States of
America is first, Germany second, Russia third, Saudi Arabia fourth, United
Kingdom fifth, United Arab Emirates sixth, Canada seventh, France eighth,
Australia ninth and finally in tenth place
Spain (MPI 2016).
[2] Ontological Security: Can be
defined as a form of security that is provided by order,
continuity, and stability in the lives of the citizen of a country, this approximately summarizes the concept
developed by Anthony Giddens (1979).
[5] Non-refoulement
is a policy which is not to deport or deny
any petition of refuge, especial if it mean to send the person back to a
dangerous place.