Documentation and legalization of migrant workers a necessity during the COVID-19 Pandemic

Recognition, certification and legal documentation are important for those who are stuck between borders, i.e. for immigrants. It is about legal recognition and certification, which is the fourth objective of the Global Compact for Migration (GCM). The webinar was jointly organized by Migrant Forum in Asia [MFA], the  Cross-Regional Center for Refugees and Migrants [CCRM], the Global Research Forum on Diaspora and Transnationalism [ GRFDT] and The Civil Society Action Committee.

Ms. Roula Hamati, coordinator, Cross Regional Center for Refugees and Migrants, moderated the webinar. Talking about the importance of documents, Ms. Hamati mentioned that when one talks about immigration, it includes a larger number of issues than one can fathom.  The importance of proper, legal documentation has a great influence on the preferences of immigrants for their destination countries and the services they can access in those with or without the documentation. The debate on documented / undocumented immigrants continues till date. However, one thing everyone agrees on is that certification provides great opportunities for the immigrant to enjoy human rights above all else.

The first speaker was Pia Oberoi, Senior Adviser on Migration and Human Rights for the Asia Pacific Region (OHCHR) followed by Lala Arabian, who is an executive manager withInsaanAssociation. The third speaker was Michele LeVoy, Director of Platform for International Cooperation for Undocumented Migrants. The fourth speaker, Gopal Krishna Siwakoti, a part of the IP Chair and Steering Committee, Asia Pacific Refugee Rights Network (APRRN). APRRN is a coalition of more than 450 organizations and individuals. Tendayi Bloom, the last speaker, is a faculty member in politics and international studies at the University of Birmingham, U.K.

Legal Identity of Documents

Stating that the documents are proof of legal identity and nationality, Pia Oberoi pointed out that it is indeed the document that marks distinction between who has the right to citizenship and legal rights and who does not. She emphazised on the fact that although proper documentation is required to entitle a person to human rights, but the identity of a person and their human rights are something that cannot be discriminated against. If they lack proper documentation, they cannot be discriminated and their rights cannot be contested. Referring to the issue of citizenship and nationality, Oberoi stated that citizenship should be granted immediately after the birth of children, otherwise it would be stateless.

When it comes to gender, women have greater problems when it comes to proving their identity and producing documentation. Immigrants stranded in Asian and Gulf countries point to an imbalance of power.Immigrants feel that they face inequality in these regions and fear their deportation due to lack of some documentation.

On the other hand, undocumented migrants technically experience status issues and legal uncertainty and other problems posed by their host countries. Their home countries do not come to their aid and provide help, such as consular protection.

Document Deprivation and Immigrants

Due to COVID-19, the types of responses to the situation and towards undocumented immigrants have become quite interesting at both national and local level. In the last six months, only two countries have taken important steps toimprove the position of immigrants and providing them with some relief.

One such country is Portugal, a developing nation, who improvised its terms of regulation, residence permits for the migrants and started a legalization processfor the migrants at the beginning of the year.

Another example is Ireland, was pointed out by Michele Levoy, for which she says that the country has an interesting take towards the situation.  Ireland took important steps towards social welfare and provided access to health services of unregistered migrants during the pandemic, although the authorities did not share data. Undocumented workers who lost their jobs due to the pandemic were paid an unemployment fee of 350 euros per week for 12 terms.

While other European countries cover 50% of basic payments in the pandemic foe their citizens, this practice does not undocumented migrant workers. Compared to this, Ireland set a big example, by providing the migrants with access to food.

During the course of the pandemic, studies for nutrition programs and shelters are available for only seven countries: Belgium, Finland, France, Luxembourg, the Netherlands, Spain and Switzerland.

On the city level, the Italian government decided to issue a supermarket voucher for 400 million euros to local residents through the civil protection department for cities, but then decided on the criteria for access to each city and municipality.

This webinar touched upon what can be done to improve the legal status of undocumented migrants and the problems of undocumented migrants in terms of statelessness, identity or labor. For example, immigrants are exposed to cheap labor regardless of the fact that whether they are documented or undocumented, because they are migrants. Even though local workers work without social security, migrant workers workwithout any social security and documents. Working in such conditions, leads to violationof their human rights. Therefore, some countries have carried out exemplary studies on the living standards of undocumented or unregistered immigrants, even during the pandemic.

Sümeyra Tahta, Student, Ankara Yıldırım Beyazıt Universty, Turkey and Tejaswinee Jog, Student, School of Liberal Studies, Pandit Deendayal Petroleum University.

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