Rights and Obligations of Unauthorized Immigrants in the Receiving Countries. Protection of the Fundamental Rights of Unauthorized Immigrants
| Published date | 01 April 1983 |
| Author | Marta Peletier |
| DOI | http://doi.org/10.1111/j.1468-2435.1983.tb00455.x |
| Date | 01 April 1983 |
Rights and Obligations
of
Unauthorized
Immigrants in the Receiving Countries.
Protection
of
the Fundamental Rights
of
Unauthorized Immigrants
BY
MARTA PELETIER
INTRODUCTION
This report sets out to make a brief analysis of the present position of immigrants in
an irregular situation, both in regard to protection of the exercise of their rights and
freedoms and with respect to fulfilment of their obligations.
In making this study, we have been mindful of the fact that the phenomenon of
illegal migration, and this particular aspect of it, are of concern and interest not only
to the countries of destination but also to the countries of origin.
ANALYSIS
OF
THE IMMEDIATE CONSEQUENCES
OF
ILLEGAL MIGRATION
AND ITS EFFECT
ON
THE EMIGRANT’S PRINCIPAL RIGHTS IN THE
RECEIVING COUNTRY
Illegal migration is a phenomenon which has now attained great importance because
of
the large number of countries affected by it, whether countries of destination or coun-
tries of origin, and
-
which
is
also a vital matter
-
the number
of
persons who are in
this situation.
Whatever the causes of the phenomenon, it
is
obvious that its consequences are very
serious and that,
to
a greater or lesser degree and directly or indirectly, they affect
large numbers of persons, ranging from the foreigner who works in another country
without complying with legal requirements to the rest
of
the workforce in that coun-
try, as well as clandestine intermediaries and employers and the Governments involved.
In most cases, there are organizations which recruit workers and transport them to
another country after arranging for them a (in many cases false) contract of employ-
ment under which they will receive wages far higher than those that they are earning in
their own country (if indeed they are employed at
all).
This practice is contrary to the
provisions
of
ILO
Convention No.
66
concerning the Recruitment, Placing and Condi-
tions of Labour of Migrants for Employment, as revised in 1949 by Convention
No.
97
concerning Migration for Employment.
In many cases, the workers concerned are foreigners who enter the country as tourists
and, after finding employment, remain there without regularizing their situation.
In other cases, the persons concerned, whether because of a lack of information or
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