Irregular migration

Irregular migration refers to illegal movement to work in a country without authorization to work, however there is no clear or universally accepted definition of the term.   The meaning of this term is pertinent to maritime movements in Southeast Asia. For example, during the 2015 Rohingya Crisis, the kind and amount of aid was administered by each country’s conception of irregular migration.  

Irregular migration can be interpreted as an expression of the right to mobility. However, the paradox is that international law supports the right to leave a country but not the right to enter another. 

As populations grow, there is an increased likelihood of not fully documenting all refugees and stateless persons. ASEAN has done little to address this issue of documentation. Additionally, those who go through irregular channels are more likely to be at risk of harassment, abuse, and exploitation. There is an openness for the flow of goods and capital, but barriers are put up when it comes to the flow of people. There is an obvious disparity between economic needs and political considerations.

Irregular migration is an easily confused term. Firstly, various terms being used interchangeably in place of both “irregular” and “migration”. For example, the terms “illegal”, "undocumented", "unauthorized", "unofficial", "informal", or "clandestine" are often used interchageably with “irregular” in official accounts, academic use and the media. However, this article uses only the term “irregular migration” in place of terms interchanged with it. Secondly,  ‘irregular’ is conceptually problematic, but considered preferable to the other term most commonly used in this context - ‘illegal’.  Illegal is connoted with criminality. Most irregular migrants are not criminals. ‘illegal’ denies humanity, therefore fundamental rights are easily forgotten. labelling ‘illegal’ asylum seekers who are in an irregular situation may jeopardize their asylum claims. The European Union (EU) is the only significant international actor that persists in using the term ‘illegal migration’. However, in the absence of a regional framework to deal with irregular migrants in Southeast Asia, many recipient states officially refer to them as “illegal”.

The imbalance between the number of people seeking residence and the limited permits given by that country (). The black market then established networks to deliver persons in return for fees. Geographical proximity, especially in Southeast Asia, further fuels the flow.  As a result, there is a tendency to restrict the use of the term "illegal migration" to cases of smuggling of migrants and trafficking in people. People are often exploited in the private economy by individuals or enterprises; are victims of forced sexual exploitation; and/or are victims of forced labour exploitation in economic activities such as agriculture, construction, domestic work, or manufacturing. Others are in state-imposed forms of forced labour. The mixed flows are focussed on irregular populations that include refugees, migrant workers, asylum-seekers, victims of trafficking, smuggled migrants, and unaccompanied minors.

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Wikipedia