Pécoud, Antoine, and Paul de Guchteneire. 2006. “International Migration, Border Controls and Human Rights: Assessing the Relevance of a Right to Mobility.” Journal of Borderlands Studies 21 (1). Routledge: 69–86. http://www.tandfonline.com/doi/abs/10.1080/08865655.2006.9695652.
This is actually not a summary. Barring the small additions to improve grammatical flow which have been put in square brackets, the rest are extracts.
Is it possible to envisage a right to mobility?
Trends in Contemporary Border Controls
International migration has become one of the central issues of our time. As a consequence, international migration is now high on the agenda of the international community and of many countries.
A largely shared feature of contemporary migration policies is their restrictive nature. Migration is commonly understood, in security terms, as a “problem” and many countries feel the need to protect against this “threat.”
[As such,] the borders between Western countries and their less-rich neighbours have become fortified. External controls at the border are accompanied by internal controls meant to identify undocumented migrants after entry. Another way of controlling migration lies in co-operation between countries.
Controlling migration is costly. [But] although it is difficult to measure their deterrence effect on potential migrants, the persistence of undocumented migration illustrates how even sophisticated forms of controls do not really stop people. [This is because] migration is now structurally embedded in the economies and societies of most countries whether in the form of remittances, cheap labour, or domestic services. Moreover, migratory movements, once started, become self-sustaining. Controlling immigration is particularly difficult for liberal democracies [as they are constrained by] market forces and the philosophy of human rights. In practice, this means that civil society, human rights groups, and NGOs (non-governmental organizations) can contest government measures and sometimes have them opposed by courts.
Border Controls and Human Rights
Contemporary border policies are accompanied by several challenges to human rights.
First, the measures meant to stop irregular migration have direct consequences on the asylum principle. The confusion between asylum-seekers and economic migrants leads not only to endless and unmanageable procedures to “prove” the existence of persecution, but also to human rights abuses and suffering for both “genuine” and “fake” refugees.
The second human rights challenge involves trafficking and human smuggling. The more difficult it is to enter a country, the more necessary the reliance on smugglers and the more profitable the business. This [not only] fuels human rights violations [but also amplifies calls for] strict border control policies.
The third challenge relates to the human cost of migration controls for the migrants themselves. The most tragic and obvious illustration of this cost lies in the number of people who die on their way to receiving countries.
Borders have thus become the site of major ethical challenges, and four observations can be made about them.
First, a tension between security and human rights preoccupations pervades the response to these phenomena. Migration has increasingly been understood as a security threat. This leaves little space for human rights. Indeed, the most frequent concern seems to be the difficulty of conciliating the trade-based openness of borders with their security-based closure, a debate in which people’s rights and dignity hardly play a role.
Second, these different phenomena attract various levels of attention and are treated in a differentiated and isolated manner. Human trafficking has been clearly acknowledged as a human rights’ violation and combating it has become a priority for many governments. Asylum also draws substantial attention but is treated in a largely national manner. By contrast, “deaths at the border” are largely ignored; even though they regularly make headlines in the media and draw the attention of a few NGOs. The connections between restrictive asylum policies, human smuggling, and migrants’ vulnerability are not recognized.
Third, addressing the relationships between border controls, migration policies, and human rights is difficult because of the moral complexity at stake and the ambiguous set of causalities between governments, policies, and human agency. Who, for example, is responsible for the death of migrants?
Fourth, the question is not simply what is happening at borders. Current migration and border policies may ultimately represent a threat, not only for migrants, but also for the human rights and democratic principles that lie at the core of Western states. Tough border control measures may not be compatible with the harmonious functioning of democracies. The values that guide societies cannot stop at their borders.
Toward a Right to Mobility
With governments unable to match their proclaimed ambition of controlling their borders, restrictive policies are not credible. A right to mobility may usefully reinforce an ethical and rights-based approach to migration and border controls. Having the right to leave one’s country is meaningless as long as one cannot enter another country. Emigration and immigration inextricably complement each other.
A right to mobility would counterbalance the uneven access to mobility among peoples and nations. Restrictions on mobility are difficult to reconcile with the liberal egalitarian perspective according to which people should have equal opportunities. The issue of mobility opportunities is particularly relevant in an era of globalization, at the heart of which lies issues of circulation and international border crossing.
[Besides,] elaborating a right to mobility is not about adding one more right to a long list of rights; rather, it is about fostering respect for existing human rights. In a world of economic globalization and gross socioeconomic inequalities, the human right to free choice of employment (Article 23 of the Universal Declaration of Human Rights) and to an adequate standard of living (Article 25) are hard to achieve in the absence of migration opportunities.
Critics of neo-liberalism argue that if people flows were deregulated and exclusively market driven, the absence of state intervention would not lead to more equality but to the exact opposite. The only fair policy is development aid, foreign investment and trade.
[But] so far, they have not proved able to reduce the gap between rich and poor countries and, therefore, it may be time to try something else. [In fact,] migration might not only be the most efficient way of reducing inequalities between countries but also, and contrary to widespread perceptions, the most acceptable solution. Development also encourages migration rather than substitutes for it.
Migration is often described as a threat to social cohesion. The arrival of newcomers destabilizes receiving societies and jeopardizes the sense of belonging and common identity that lies at the core of community life. [This argument] should be discussed with a particular focus on the institutions and mechanisms that ground social cohesion (welfare states, citizenship, and democracy)
Mobility is a major challenge to the welfare state. [Their] logics are contradictory: a right to mobility is about openness and circulation, whereas welfare systems are based on closure. [But] the correlation between increased migration and the deterioration of welfare schemes is not straightforward. Moreover, far from being the main challenge to welfare states, migration is only one factor among many.
Along with welfare, citizenship, and democratic participation constitute key features of social cohesion. [There is a need to] unpack citizenship and distribute its different components (political, civil, social, family and cultural rights, notably) in a differentiated way. Migrants would initially receive a first set of rights (civil rights and fundamental social rights), and only later would they receive, in a step-by-step manner, full welfare entitlements or political rights. By avoiding the binary logic of inclusion/exclusion, this approach ensures that migrants are not “rightless” (as undocumented migrants tend to be) while enabling high mobility and addressing the reluctance of nationals and long-term residents to share their privileges with newcomers.
From a cultural perspective, migrants are often believed to integrate imperfectly, thus threatening the socio-cultural foundations of destination countries, creating tensions with the native population, and fostering racism and xenophobia. [The argument therefore goes:] if states do not control migration, people will do it themselves through more-or-less violent rejections of foreigners. [But] fundamentally, border controls indirectly feed racism by reinforcing the idea that foreigners and foreign-looking people are undesirable. [Also], control policies absorb funds and energy to the detriment of integration.
In short, social cohesion is about far more than migration; the role of migrants should not be ignored but neither should it be overwhelmingly emphasized to the detriment of other major challenges to social cohesion.
A frequent argument in favour of unrestricted mobility is of an economic nature. Free movement is advocated on the grounds that restrictions on the mobility of people are counterproductive. Free migration would [actually] reduce inequalities at the world level, hence, diminishing the necessity to migrate.
However, comparing flows of people to flows of capital, information, or commodities neglects the social complexity of migration. (see above)
Security and the Governance of Migration and Borders
A third way between open and closed borders could be a system of multilateral governance of migration flows whereby states would coordinate their migration policies for their mutual benefit, just as they do with flows of capital, commodities, and goods.
[However,] security arguments mitigate against such interstate co-operation. Today, faced with terrorism-related threats, states respond with a “rebordering” process. Internationalization of most national economies implies heavy cross-border movements of people, vehicles, and shipments. To truly control these flows would be so costly and time-consuming that it would harm economic growth.
The need to go beyond strictly national policies cannot be contested, [but] the issue is the nature of these goals: states can and should co-operate, but with what aims in mind? Migration can be “managed” in a very repressive way and it is easy to imagine a situation in which interstate co-operation would merely perpetuate current restrictive policies.
Tight control policies, whether nationally or multilaterally implemented, create situations of illegality and mistrust that make co-operative border management even more difficult.
[Also,] border controls do not really stop people but rather incite them to go underground [providing] smugglers and traffickers with enhanced business opportunities. Tight migration policies generate undocumented migration, smuggling, and trafficking, which then prompt calls for more control. In the meantime, the values of control policies impact social relations and people’s attitudes, not only creating a perceived need for increased control but also undermining the cross-border human ties that would make interstate co-operation possible. In this context, a right to mobility may be a way to break this vicious circle by helping to shed a critical perspective on the notion of “management” or “governance” in fields such as migration or security.
A right to mobility is ethically defensible and usefully complements the human right to emigration. It can serve as a stimulus, not only to elaborate fairer migration policies, but also to question the moral, cultural, and political foundations of contemporary practices. A right to mobility may appear as a naïve utopia. However, it is equally utopian and naïve to believe that minor arrangements of contemporary policies will provide sustainable answers to the challenges raised by international migration.
 In 2005, the number of migrants worldwide was estimated at 185 to 192 million, representing approximately 3 percent of the world population.
 Sending states frequently resent the way in which their illegally migrating citizens are treated by destination countries, but they are nevertheless incited (and financially supported) to contribute to migration controls by stopping their outflow of undocumented migrants or reaccepting those who have been expelled. Transit countries are also asked to better control their borders.
 According to an International Organization for Migration (IOM) report, the twenty-five richest countries spend 25 to 30 billion dollars per year on the enforcement of immigration laws.
 Through migration, countries are connected via networks that span the globe and facilitate more migration. Lobby groups, such as employers, can also impose domestic constraints on governments to allow migration for labour-market reasons.
 The asylum principle upholds the idea that all human beings are entitled to seek protection from persecution.
 Economic migrants posing as asylum seekers.
 Citizens from developed countries may travel and settle down almost anywhere in the world, while their fellow human beings from less-developed countries depend upon the uncertain issuance of visas and residence permits to migrate. Trained workers are sought and enjoy a greater level of mobility than their unskilled compatriots.
 The development process leads to economic restructuring, which forces people to find new jobs and creates incentives to move, from rural to urban regions or abroad.