January 7, 2024

Digital documentation of migrants: Legal Innovation and challenges

This article has been written by Ms. Tisha Mehta, 3rd year law student at Gujarat National Law University, Gandhinagar. 

ABSTRACT

In the age of technology, everything has become digitized. But migration is a system that has still kept its distance from technology. As per the World Economic Forum, nearly 272 million people are migrants which constitute 3.5% of the world’s population. Over the past decades, these numbers have just increased. However, as these numbers rise, so do statistics about illegal migration. Digital documentation is a way to keep track of illegal migration and give real-time information on several migrants residing in a country along with their descriptions. No doubt digital documentation of Migrants helps in keeping track of migration but at the same time, it could open a Pandora’s box of privacy violations and data manipulation which can further increase the vulnerability of migrants. This paper discusses these aspects in detail and aims to provide a solution to the problem. 

INTRODUCTION

“Migration is as natural as breathing, as eating, as sleeping. It is part of life, part of nature. So we have to find a way of establishing a proper kind of scenario for modern migration to exist. And when I say “we,” I mean the world.” — Gael Garcia Bernal

 

The IOM (International Organisation for Migration) defines “migrant” as a broad term, lacking a specific international legal definition, that captures the common understanding of an individual who relocates from their usual place of residence, whether within a country or across international borders. This relocation can be temporary or permanent and may occur for various reasons. The term encompasses legally categorized groups like migrant workers and individuals with defined legal movements such as smuggled migrants. Additionally, it includes those whose status or means of movement are not explicitly outlined in international law, such as international students. The digital documentation of migrants refers to the use of electronic or digital technologies to record, store, and manage information related to individuals who are moving across national borders. This approach replaces or complements traditional paper-based documentation systems. Digital documentation can encompass a range of data, including personal identification details, immigration records, work permits, and other relevant information.

 

The adoption of digital documentation for migrants has become increasingly prevalent due to advancements in information technology and the need for more efficient and secure methods of managing migration-related data. This approach aims to streamline administrative processes, enhance data accuracy, and improve the overall management of migrant populations. Digital documentation systems often leverage technologies such as biometrics, secure databases, and electronic identity verification to establish and authenticate the identity of migrants. These systems can facilitate smoother border crossings, enable more effective monitoring of migration patterns, and enhance the protection of migrants’ rights.

 

However, the implementation of digital documentation systems also raises concerns related to privacy, data security, and potential misuse of information. Striking a balance between the benefits of improved efficiency and the protection of individual rights and privacy is crucial in the development and deployment of digital documentation solutions for migrants.

DOCUMENTS THAT CAN DIGITIZED

  1. Identity and Personal Information:

Digital documentation may include biometric data such as fingerprints or facial recognition to establish and verify the identity of migrants. Basic personal information like name, date of birth, nationality, and contact details can be digitally recorded.

 

  1. 2. Migration History:

  Digital systems can track the movement of migrants, including entry and exit records, to monitor their migration history. Information regarding asylum applications, refugee status, and related documentation can be stored digitally.

 

  1. Health Records:

Digital documentation may include health-related information, such as vaccination records and medical history, to ensure public health and safety.

 

  1. Education and Employment History:

 Digital records can store information about migrants’ educational qualifications. Details about previous employment or skills can be digitally documented to assist in integration and job placement.

ADVANTAGES OF DIGITAL DOCUMENTATION OF MIGRANTS

 

  1. Efficiency:

  Digital documentation allows for quicker processing of information, reducing administrative delays in managing migrants’ records.

 

  1. 2. Accuracy:

 Automation and digital systems can minimize the risk of manual errors associated with traditional paper-based documentation.

 

  1. Data Accessibility:

  Authorized personnel can access and update migrant information remotely, facilitating better coordination and response, especially in emergencies.

 

  1. Security:

Digital systems can provide secure storage of sensitive information, including encryption and access controls, to protect against unauthorized access.

 

  1. Integration:

  Digital systems can be designed to integrate with other databases and systems, enhancing collaboration between different agencies and countries.

 

  1. Monitoring and Reporting:

  Authorities can monitor migration patterns and trends in real-time, allowing for more informed decision-making and policy development. On a positive note, incorporating migrants’ IDs and documentation into blockchain technology can minimize the risk of data manipulation and exploitation by traffickers and smugglers. This approach not only aids enforcement agencies and civil society in tracing the digital trail of trafficked and smuggled migrants but also facilitates the integration of fintech solutions. Fintech can leverage digital documentation and IDs to manage records of salaries, cross-border payments, remittances, insurance schemes, and other services dependent on migrants’ IDs and documentation. Fintech, if implemented ethically, has the potential to overcome methodological nationalism constraints by harnessing technology for the benefit of workers.

 

  1. Public Health Management:

  Digital documentation can assist in monitoring the health status of migrants, enabling better management of diseases and public health concerns.

 

  1. Humanitarian Assistance:

Digital records help humanitarian organizations provide more targeted and efficient assistance by understanding the specific needs of migrants. While these technologies can certainly aid migrants during their journey, various elements, such as personal circumstances, aspirations, government policies, and encountered obstacles, play crucial roles in determining whether individuals will safely reach their destination countries.

DISADVANTAGES OF DIGITAL DOCUMENTATION OF MIGRANTS:

 

  1. Privacy Concerns:

Digital systems may be susceptible to data breaches, exposing migrants’ personal information and raising concerns about privacy and identity theft. Advancements in digital applications, electronic signatures, biometrics, and the use of blockchain technology hold the promise of enhancing protections for both migrant workers and the businesses that employ them. However, the aggregation of such digital data poses its own set of challenges. Strict protocols must be in place to govern who has access to the data, where it is stored, with whom it is shared, and the timeframe for its destruction. Additionally, there should be clear guidelines that prohibit the monetization of this data and prevent its sharing with other entities, whether governmental or private, without explicit authorization. Robust human rights safeguards, including a comprehensive law protecting privacy rights, should be established to ensure the responsible and ethical use of digital documentation in the context of migrant workers.

 

  1. Digital Divide:

 Some migrants may lack access to digital technologies, leading to disparities in documentation and potentially excluding vulnerable populations. Refugees and other vulnerable migrants face inherent disadvantages stemming from forced displacement, making them particularly susceptible to challenges related to limited digital literacy and the expenses associated with digital communication technologies. These difficulties are frequently exacerbated by oversimplified governmental approaches to the digital inclusion of migrants.

 

  1. Security Risks:

The digital infrastructure is vulnerable to cyberattacks, and a breach could compromise the integrity and confidentiality of migrants’ data.

 

  1. Bias and Discrimination:

Automated decision-making processes may reflect biases, potentially leading to discriminatory outcomes for certain groups of migrants. For those residing in camps and shelters, the strategic and imaginative use of technology may assist in dealing with the challenges of living in uncertainty. However, initiatives by humanitarian actors to enhance digital connectivity can sometimes reinforce vulnerabilities and inequalities in these locations. This is particularly evident in public-private partnerships between aid agencies and companies offering limited Wi-Fi connections, which may hinder migrants from fully leveraging the advantages of digital media and engaging creatively with online content.

 

  1. Technical Challenges:

Implementing digital documentation may require significant technological infrastructure and resources, which may be lacking in certain regions.

 

  1. Data Accuracy and Integrity:

Relying solely on digital documentation may lead to inaccuracies if data entry errors occur, or if the information is not regularly updated and verified.

 

  1. Legal and Ethical Concerns:

In the absence of robust legal frameworks, there may be challenges in ensuring that digital documentation systems adhere to ethical standards and respect migrants’ rights.

 

  1. Loss of Human Touch:

Overreliance on digital systems may lead to a loss of the human touch in dealing with migrants, potentially impacting the quality of services and support provided. As rights-based actors, it is imperative to emphasize that the dignity and respect accorded to migrants should not be solely determined by the documentation they possess. In practical terms, this means that even if workers lack documentation or have lost their papers, they should not be subjected to conditions that dehumanize or degrade them. In Malaysia and elsewhere, immigration laws have often been weaponized to harshly penalize migrants without proper papers, even when the migrants are not at fault.

 

Balancing the advantages and disadvantages of digital documentation for migrants requires careful consideration of ethical, legal, and social implications. Adequate safeguards and oversight mechanisms should be in place to address the potential risks and ensure the responsible and transparent use of digital technologies in managing migrant information.

EXISTING LEGAL POLICY

1949 ILO Convention concerning Migration for Employment: 

Article 2 discusses a commitment made by member countries that have ratified a certain convention. According to this commitment, these countries pledge to establish or confirm the presence of a comprehensive and freely accessible service to assist migrants in obtaining employment. This service is expected to provide migrants with accurate information.

 

Article 3 outlines commitments made by member countries under a specific convention: Member countries pledge to adopt necessary measures, by their national laws, to counteract deceptive propaganda related to both emigration and immigration. In pursuit of this objective, members commit to collaborating when deemed appropriate, reflecting a collective effort to address deceptive information concerning migration.

 

Article 4 of the convention mandates that each member country is obligated to implement appropriate measures within its jurisdiction to facilitate the departure, journey, and reception of migrants.

C143 – Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)

In Article 4 of the convention, member countries are specifically obligated to implement essential measures, both domestically and internationally. These measures aim to establish systematic contact and information exchange with other states regarding migration. Importantly, this should be done in consultation with representative organizations of employers and workers.

International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families

 

Article 36 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families states that migrant workers and their family members, who have proper documentation or are in a lawful situation within the employment state, are entitled to the rights specified in this section of the Convention. These rights are in addition to those already outlined in Part III of the Convention.

Dhaka Principles

The Dhaka Principles, established as a voluntary framework addressing migrant workers’ rights, recognized the need for a comprehensive understanding of the transnational phenomenon of people seeking employment abroad, advocating for a systemic approach rather than a fragmented one. Developed with a keen awareness of worker welfare across all stages of the migration cycle, from the country of origin to the destination, the principles mark their 10th anniversary, prompting a moment for reflection, acknowledgment, celebration, and assessment of their tangible impact.

 

The North-South Initiative actively engages and supports migrant workers from Bangladesh, Nepal, Indonesia, Pakistan, and Myanmar working in Malaysia. Through this engagement, we have gained valuable insights into the significance of the Dhaka Principles and the advantages they bring to various stakeholders. However, we observe a notable limitation: the framework primarily focuses on documented workers. Looking ahead to the next decade, we hope for an expansion of the framework to better address the rights and needs of refugees and undocumented workers.

 

Dhaka Principle 4, which emphasizes that no migrant workers’ passports or identity documents should be retained, must be approached with both seriousness and caution, considering the unique context of the migrant worker community in Malaysia. This community constitutes more than 20% of the labor force, playing a pivotal role in several essential economic sectors. Official government estimates indicate nearly two million documented migrant workers, but a comparable number may be working unofficially in the country.

Global Compact For Safe, Orderly And Regular Migration  

Objective 4 of the commitment aims to ensure that all migrants possess legal identity and appropriate documentation throughout their migration journey. It emphasizes providing nationals with relevant documents for identity verification during entry, stay, and return, empowering migrants to exercise their human rights. The actions outlined include enhancing civil registry systems, harmonizing travel documents, ensuring consular documentation, facilitating access to personal documentation, reducing statelessness, and reviewing service delivery center requirements. The objective also emphasizes local-level practices, such as issuing registration cards, to facilitate community participation without constituting entitlements to citizenship or residency.

 

Objective 14 of the commitment focuses on enhancing consular protection, assistance, and cooperation throughout the migration cycle to protect the rights and interests of all migrants. The commitment involves strengthening consular capacities, training officers, and fostering bilateral or regional agreements on consular cooperation. It encourages the involvement of relevant personnel in global migration forums and the creation of agreements in areas without diplomatic or consular presence. The actions include strengthening consular capacities to assist vulnerable migrants, facilitating registration with the country of origin, and providing consular support for advice, documentation, and assistance in emergencies.

 

Objective 18 of the commitment aims to enhance skills development for migrant workers and ensure mutual recognition of their qualifications globally. The commitment focuses on actions such as developing standards for recognizing foreign qualifications, promoting transparency in certifications, and establishing mutual recognition agreements at various levels. It emphasizes the use of technology for comprehensive skills evaluation and building global skills partnerships. The commitment also encourages private sector involvement in collaborative programs and online skills development initiatives. Additionally, it seeks to facilitate the transition between jobs for migrant workers and promote innovative ways to assess their skills. The establishment of screening mechanisms and information tools for assessing qualifications is highlighted, with a focus on providing employers with a comprehensive overview of migrant workers’ credentials across different countries.

 

Objective 21 of the commitment aims to ensure safe and dignified return, readmission, and sustainable reintegration of migrants, adhering to international human rights standards. The actions include developing cooperation frameworks and agreements, promoting gender-responsive and child-sensitive programs, establishing efficient means of identification, fostering institutional contacts, and ensuring legal safeguards in return processes. It emphasizes monitoring mechanisms, protection of children’s rights, and providing comprehensive support for reintegration. Additionally, it highlights addressing the needs of communities impacted by migration in national and local development strategies.

CONCLUSION

“For most immigrants, moving to the new country is an act of faith.” ~ Jhumpa Lahiri

In conclusion, the digital documentation of migrants represents a significant advancement in managing and understanding the complexities of global migration. This transformative shift from traditional paper-based systems to digital platforms brings about numerous benefits, including increased efficiency, accessibility, and accuracy in record-keeping. By leveraging technology, governments and humanitarian organizations can streamline immigration processes, enhance security measures, and ensure the protection of migrants’ rights. Digital documentation also fosters improved data management and analysis, facilitating evidence-based policymaking and resource allocation. Moreover, it enables real-time tracking of migration patterns, aiding in the development of responsive strategies to address emerging challenges and opportunities associated with human mobility.

 

However, as with any technological advancement, there are concerns related to privacy, data security, and potential biases in algorithmic decision-making. Striking a balance between harnessing the advantages of digital documentation and safeguarding individuals’ rights and dignity is crucial. Adequate safeguards, ethical considerations, and transparent governance frameworks must be in place to address these challenges and ensure that technology serves as an enabler rather than a source of discrimination or exploitation.

 

In essence, the digital documentation of migrants reflects the ongoing evolution of migration management in our increasingly interconnected world. By embracing and responsibly implementing these technological tools, society can contribute to creating a more inclusive, secure, and humane approach to addressing the complexities of migration in the 21st century.

REFERENCES


C097 – Migration for Employment Convention (Revised), 1949 (No. 97)

 

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