Has the CJEU Made the First Step to Put a Stop to the Criminalisation of Migration? Commentary to the Judgement in the Case of JZ in the Context of the COVID-19 Pandemic

The paper presents a critical discussion of the CJEU judgment in the JZ case (C 806/18), in which the Court interpreted Article 11 of Directive 2008/115 that regulates entry ban issuance. The author asks a question of whether an entry ban as a measure limiting the right to free movement has a moral and legal ground in international law and EU law. Moreover, the author focuses on the problem of the criminalisation of irregular migration – both in the context of the established line of the Court’s case law and in the case of a vague national law standard that penalizes illegal stays – the possibility to apply the criminal law concept of error in law and thus exclusion of criminal liability of an illegal migrant.

Illegal migrant Basotho women in South Africa: Exposure to vulnerability in domestic services

The illegal migration of Basotho women to South Africa in order to render domestic service is alarming because they are subjected to harsh treatment. This is a pastoral and theological concern for the church. As migrants, their struggle begins from the household circumstances that often force them to leave and seek job opportunities undocumented or without following prescribed migration procedures. They are then subjected to migration processes and procedures: for example, corruption and bribery by migration officers and illegal dealers (lirurubele). The working and living conditions in South Africa are often unconducive for illegal migrants. As economic and illegal migrants, they are often considered as lesser by prejudiced employers who treat them inhumanely. Accessing essential services also imposes a significant threat to their lives.Contribution: Through this study, the article will reveal the vulnerability faced by illegal migrant Basotho women as domestic workers in South Africa.

From the illegal migrant-criminal to the illegal migrant-invader: Critical analysis of the semantic change of the Greek term λαθρομετανάστης 'illegal migrant'

Following a critical discourse analysis (CDA) approach, the present study reports on the analysis of 49 texts from the Hellenic Parliament Proceedings, where the term λαθρομετανάστης “illegal migrant” is used. The texts under scrutiny date back to 2015 (i. e., the year the migration crisis reached its peak) and reveal the recontextualized use of this term, which is identified with the hegemonic national-racist discourse of the 1990s perceiving migrants as criminals. Since the 1990s, the term has been stigmatized by political correctness as racist and inaccurate. We consider political correctness as a type of corrective practice, since it detects naturalized language uses reproducing stereotypes and power relationships. We will examine how the re-emergence of the older, racist use of the term in question as a reaction against the guidelines of political correctness is anew connected with national-xenophobic discourse and, in particular, with framing migrants as invaders and a national threat. Overall, tracing the semantic trajectory of the term λαθρομετανάστης “illegal migrant” allows us to explore how language use at the micro-level is dialectically connected with discourses at the macro-level.

OHS Problems of Migrants in Turkey and the Order of Importance: Pareto Analysis

In Turkey, no studies have been conducted on the listing of the Occupational Health and Safety (OHS) problems of legal and illegal migrant workers, especially of Syrian origin, in the order of importance and the need to address solution suggestions according to this order. This study aims to list the OHS problems of migrants, refugees, asylum-seekers, migrants under international protection, and irregular migrants employed in the production and service sectors in the order of importance and show their effect on solutions. The 40-item list of problems created by performing the literature review was weighted with the expert opinions of stakeholders related to migrants in Turkey, namely, universities, migrant NGOs, Syrian academicians, government units, migrant workers, and OHS specialists, and checked using Pareto analysis. In the table created by experts through the evaluation and weighting of the problems obtained from the literature review, the first eight questions (20%) constituted 79%, the next 12 questions (30%) constituted 16%, and the last 20 questions (50%) constituted 5%. When the first eight problems are analyzed, it is observed that the OSH problems of migrants are caused by the laws that are not enacted, the fact that the state institutions ignore migrant workers, and that migrant workers are completely vulnerable to OSH risks. Afterward, the same expert team was asked about solution proposals within the scope of the existing problems, and they were put in the order of importance via Pareto analysis. In Turkey, there is no law or legislation regarding OHS legislation for migrant workers. Migrant workers experience serious security and health problems. The state especially ignores illegal migrant workers. Illegal migrant workers are deprived of their security rights and the right to access health care. It is observed that 80% of the migrant workers’ problems will be resolved when the most important eight problems identified are resolved.

The Effect of Illegal Migrant Workers on the Economic Development of Malaysia

Malaysia over the years has shown huge development by eradicating a huge level of poverty and channelizing its resources in a good way. Immigrants have played a very positive role in this economic development. The main purpose of this research is to visualize the contribution of illegal migrant workers in the Malaysian economy. The primary and secondary research methods are being used in this research paper to analyses the situation more broadly. The survey technique and the government's reports are used to collect data. The results have shown that unemployment around the globe is the main reason for the illegal migration of the workers. The statistics said that about 2.1 million immigrants are being registered, whereas, about 1 million are undocumented individuals. The studies have shown that these low –skilled workers can contribute to the economy and GDP of Malaysia by 1.1%. This will ultimately help the Malaysians to increase their wage rate and create a large amount of employment in the country. The analysis has also showcased that Malaysia has a higher gross national income per capita than Indonesia. Some individuals come with proper visas while some come through illegal means. Maximum cases are being reported about the workers who migrate to Malaysia on illegal grounds. Malaysian people have remarkably gained a great deal of education in the past few years. So for the primary source of laborers, these Illegal migrants are being used with lower skills. This study will help to analyze how much the economic development of Malaysia is dependent on illegal migrant workers.

Das vereinigte Europa und seine Widersacherin – zu Julya Rabinowichs Roman "Die Erdfresserin" im Kontext aktueller Arbeits- Migrationsbewegungen

Der vorliegende Beitrag untersucht Julya Rabinowichs Migrationsroman Die Erdfresserin im Hinblick auf die Heterotopie Foucault der dort dargestellten Handlungsorte. Die Autorin lässt ihre osteuropäische Protagonistin ausgerechnet an den von Foucault als Abweichungsheterotopien bezeichneten Orten agieren und reflektieren, was dieser Figur signifikante kritisch-rebellische Widerstandskompetenzen verleiht. Diana agiert als illegale Migrantin, Prostituierte, gelernte Schauspielerin und Erdfresserin auf einem Wiener Friedhof an den Rändern der westeuropäischen Gesellschaft und fällt aus dieser peripheren Ausschlussposition signifikante Urteile über Widersprüche und Machtasymmetrien im gegenwärtigen Europa.United Europe and it’s adversary – Julya Rabinowich’s novel The Earth-Eater in the context of the contemporary labour migration movementThe following article examines Julya Rabinowich’s migraton novel The Earth-Eater regarding heterotopia Foucault of the presented narration places. Rabinowich’s east Europian protagonist acts and reflects in the heterotopias of deviation in the meaning of Foucault, what gives her a significant critical and rebellious resistance competence. Diana acts as illegal migrant, prostitute, trained actress and earth-eater in the Vienas cemetery on the fingers of west Europian society and passes of this periphery exclusion space the judgment on inconsistencies and power asymetry of the contemporary Europe.

Underground

Ali came to Denmark in 2011 to seek asylum. After two and a half years in asylum camps his case was rejected, and since then he has lived 'underground' as undocumented migrant in Copenhagen. The film explores Ali's experience of life as 'illegal migrant’ in Denmark. It deals with the conditions of ‘rightlessness’ and ‘deportability’ and how these conditions influence Ali’s general experience of time, place and belonging. Because of the threat of deportation Ali's face and identity is not shown in the film, and the story is carried by Ali's voice and images of Copenhagen city.

Citizenship and the Remains of Partition(s) in South Asia

This essay considers the fraught issue of clandestine migrations from East Pakistan/Bangladesh into India through a close reading of Prafulla Roy's Bengali short story “Stateless.” By drawing attention to the Indian state's slippery construction of the “illegal migrant” and to the increasingly constricting definition of Indian citizenship, I argue that the “illegal Bangladeshi” is a deeply unstable category, open to misuse and translation by different state actors/agencies. “Stateless” enables us to imagine the precarious existence of the sans papiers as de facto stateless persons and illustrates the importance of citizenship as legal status for those who don't have it.