A/HRC/37/51
international intergovernmental processes, such as the Global Forum on Development and
Migration, actively engage in efforts to promote labour export and migrant guest worker
programmes as a means of development. Viewing people on the move as an economic issue
has led to a series of policies and practices that too often treat them as silent commodities to
be exploited in the national labour market. People on the move are incorporated into the
international labour market in a restricted manner; their capacity to exercise their labour
power may be more fully engaged, as they escape unemployment or underemployment in
their home regions or countries, but the terms of this engagement are circumscribed. They
are, in effect, incorporated into the economy on terms not dissimilar to other inputs in the
production process; their capacity to exercise their labour power is no more than a
commodity.
28.
An important consequence of this commodification is precariousness: policies
targeting people on the move often deliberately leave them with only a temporary or
uncertain status. They face conditions of uncertainty, disempowerment, vulnerability and
insufficiency. They are excluded from the hard-won protections of labour and social rights
because of their lack of belonging. Immigration regimes often compound and perpetuate
their precarious situation; for example, the immigration status of a migrant worker is often
linked to his or her employment with a single individual employer, needs to be regularly
reviewed, or is made contingent upon the views of the employer as to whether that person
has been a “good” worker. Receiving societies often capitalize on or engineer the fear that
people on the move have of being detected, detained or deported in order to ensure that they
will not complain, protest or mobilize. People on the move with an irregular status are often
trapped in such a condition by the lack of opportunities to regularizes it, leading to
heightened vulnerability. The prolonged precariousness experienced by many people on the
move poses obstacles both for them, when they defend their own rights, and for traditional
defenders acting on their behalf, such as trade unions.
B.
Securitization of migration
29.
Migration is increasingly viewed through the lens of national security. References in
discourse to “crisis” and existential threats to the community predispose States and other
actors to responding with urgent or extraordinary measures. The characterization of people
on the move as a security concern is a political act and serves particular interests, including
by affording political legitimacy to unusual actions by the State and supporting partisan
political agendas – the irony being that many individuals become people on the move in
response to threats to their own security, including economic poverty, political repression
and armed conflict. Some States have deliberately pursued the securitization of migration to
further their own political ends; for example, the Government of Hungary prosecuted a
migrant from the Syrian Arab Republic for terrorism for using a megaphone to ask the
police to communicate with refugees and migrants at the border, and after throwing three
solid objects at them. The prosecution both scapegoated an individual for a much larger
issue and sought to depict as dangerous not only people on the move but also those who
seek to defend their rights.
30.
It is too often forgotten that these responses, and the related phenomena of
nationalism and xenophobia, can themselves be seen as threats to the State, its interests and
its values. The protection of the rights of people on the move can be an expression of core
national values, a demonstration of solidarity with allies and a response to counter
destructive extremist politics; thus, while security rhetoric can be used to justify a stricter
migration policy, it can also be used to legitimize extraordinary actions in favour of
migrants.
C.
Citizenship
31.
Even though all human beings have human rights, some States (and private actors)
all too often discriminate between citizens and non-citizens; public discourse and political
debates reproduce this distinction, differentiating between deserving “locals” and
undeserving “newcomers”. The international human rights movement (and often its
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