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International Law

The lessons of ‘Non-discrimination’ from pandemic COVID-19

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The unprecedented outbreak of novel coronavirus COVID-19 has stretched the frontier of human capacity to combat an emergency situation. Before the emergence of this virus, we had not often been forced to face the fact that human beings are hostages to nature. The present world has witnessed many classifications of human beings. This classification was done on the basis of wealth, human resources, technology, atomic energy, even on the basis of culture, and so on. Moreover, the terms ‘developed society’, ‘developing society’, ‘least developed society’, and ‘underdeveloped society’ crystalize this classification. But this lethal COVID-19virus, infecting indiscriminately, reminds us of the principle of equality. It infects people from all classes (!), people from all countries regardless of their status, health, wealth. However, it teaches us many things. It has given the environment a considerable pause from human intervention. It has stopped some cruel wars existing in the world. It teaches us the cleanness of body and mind. It sets some people to pray to their God. It makes us understand that there are things which human beings can’t grasp because of their superficial knowledge, or their health, or their fame, or their pride, or their wealth. The most important lesson of COVID-19 we have found is that it does not discriminate while it infects people. It does not discriminate between a president and a beggar, between rich and poor, between a servant and a boss, between an inmate and a free person, between an asylum seeker or migrant and a national, between a stateless person and a citizen of a country. It has infected us going beyond the so-called classifications of the modern world. So, it can confidently be said that this virus keeps us all busy with the measures of protection from this virus. It does not know who are migrants, or refugees or stateless persons. Governments have also been very busy developing precautionary measures and with the treatment of infected citizens – but each is more concerned about the health of their citizens – those who have the nationality of their country.

Questions arise – for example, do we all get equal treatment from the government in response to this invisible virus regardless of our nationality and our present status? The answer seems to be ‘NO’. Amongst others, we would like to highlight the situation of migrant workers, asylum seekers, refugees, and stateless persons; the most vulnerable groups of people who lack equal treatment from the governments of the countries where they have been living amid the COVID-19.Let us have a look at the scenario of the miseries of these people during this crisis. The outbreak of COVID-19 abruptly halted the movement of people all over the world. People are required to stay at home and to maintain social distance. This outbreak and the requirements of precautionary measures have emerged as an extra health threat to migrants who work abroad to keep their families well and also, to asylum seekers. These people play a crucial role both in the economy of the countries they live andin their countries of origin too. They promote trade and investment and bring innovation, skills, and knowledge to their countries of origin and destination. But amid this crisis, migrants especially those who lack legal status or who work on a temporary basis face obstacles in many cases like housing, food, water, sanitation, obstacles to access to health care programs and other services. Frequently, they have to live in overcrowded, unhygienic conditions. They along with others are often denied an adequate standard living by the countries of destination because of their legal status, and often also some regulatory and practical barriers. While the authorities make demands of the people to practice good personal hygiene migrants workers often have no other option but to live in overcrowded places not permitting social distancing which may increase their contact with the disease.

Migrants workers especially who are from the least developing countries have been passing hard times usually having no work and no supplementary budget from the governments. We have seen in places like Saudi Arabia, Qatar, Kuwait governments have introduced policies to move migrant workers to camps or to detention centres, or to remote islands. But it is often seen that these camps, detention centres and islands are not suitable enough to accommodate the huge number of people.  This means these workers have to live in crowded places where there is no access to proper water, sanitation, enough space to breathe even. The same policy has also been adopted by countries like Bosnia, France, Greece, Libya for asylum seekers. It is also to be noted too that countries like Sweden, the Netherlands, and Belgium have suspended administrative services for migrants and asylum seekers. Let us acknowledge the contribution of migrant workers (legal & who lack legality) in the national economy and health sector of the countries of destination during this pandemic. A study of Migrant Policy Institute shows that around 6 million migrants which is 19% of the total U.S. front line workers, work in industries vital to the pandemic response like health care, grocery stores, pharmaceuticals, manufacturing, agriculture, forestry, fishing, and hunting. This statistic helps us infer the contribution of migrant workers in their countries of destination. Accordingly, they should not be denied a reasonable standard of living by the governments of the countries where they live during this crisis. They should be included in any support provided by the governments to their citizens during the pandemic COVID-19.Further, to overcome this unprecedented crisis, migrant workers should not be left behind but should be included in any of any measures taken by governments. Christine Cipolla; an ICRC’s regional director for Asia and the Pacific also said “Governments in the region should do more for the migrants. It is in their best interest. It saves lives, it protects society as a whole”.

In this context, stateless people and internally displaced people are also in extremely vulnerable positions. They face disproportionate risk in relation to this invisible lethal virus as they often live in a very overcrowded conditions. They frequently  live in unhygienic camps, often in tents where it is next to impossible to follow the directions of WHO given as precautionary measures to combat the pandemic. These people are often denied access to proper health care, safety net programs, and other social welfare services taken by governments.“If COVID-19 arrives in the camps it will be devastating”- says UNCHR. We cannot deny this warning and this is the same picture of all refugee camps in the world. We must keep in mind that these people did not take the term ‘stateless person’ by themselves. It is “WE” who forced them to be stateless, to be refugees. Diverse political opinions, ideological conflict, wars, racial discrimination, religious persecution are things that drove these people to be Rohingya refugees, Syrian refugees, Venezuelan refugees, etc. It is unfortunate to see that many countries have adopted measures to combat the situation leaving behind this large number of people. While this virus shows us the principle of non-discrimination we have been doing discriminatory treatment excluding these people from the national health care system. However, there is news that some countries have been doing well in providing facilities to these people. We should applaud these countries which host these large numbers of people and have been doing their best to provide multi-sectoral responses to mitigate risk.It is pertinent to mention here that the majority of the world’s 25.9 million refugees and 41.3 million internally displaced persons are living in developing countries. So, it can confidently be assumed that these countries like Bangladesh, Lebanon, Syria, Kenya- with their limited resources – will face considerable hurdles to provide adequate support to these large numbers of people.

We must remember that the unqualified words ‘HUMAN BEING’ brings with that phrase the entitlement to human rights; as each person was born as a human being. These fundamental rights are the same in nature in all regions and in jurisdictions. These rights cannot be denied by any country in any situation just because of even by the justification of the crisis brought about by this virus. As the pandemic poses a global threat to humanity more than ever, the world should face the situation collectively irrespective of the status of people. And the world’s financial institutions and other multinational companies should come forward to help governments play a vital role in this crisis. In 2015, the UN with the presence of world leaders adopted SDGs to create a better world by 2030. The motto of this agenda is “leaving no one behind”. This echoes the vision of an inclusive society where everyone irrespective of their status will be included in the process of development. It does not discriminate against migrant workers, or refugees, to stateless persons, or internally displaced persons. So, in the year 2020, we should not forget our responsibility to work for an inclusive world where no one will be discriminated against on the basis of status, race, and country of their origin.

Let us have a look at some universal principles of non-discrimination. Article 2 of the UDHR provides that no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. In Article 25, it also protects the right to health for all people under all circumstances. We should not forget that the United Nations was established, amongst other reasons, with the purpose to achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.

The constitution of the World Health Organization recognizes the enjoyment of the highest attainable standard of health; one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition. Article 3, 33 of the UN Convention Relating to the status of refugees, 1951 also establishes the principle of equality and non-expulsion while the host countries deal with the refugees. One of the core Human Rights conventions, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CRMW), 1990 also sets minimum standards for migrant workers and members of their families. Considering these provisions, we must admit that the right of these people under international law and comity have received great attention and the same must be protected by the countries of reception. To respect the principle of non-discrimination, countries are to guarantee that the human rights of these people are to be exercised without discrimination of any kind based on their sex, race, political opinion, country of origin, status, and so on. Therefore, they should not be left out of mainstream services provided by countries to their citizens. This disease can only be controlled if there is an inclusive approach, truly leaving no one behind.

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International Law

Grappling press and Crutching Democracies

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Authors: Saumya Singh and Rajesh Ranjan*

The central tenets of liberal democracy which forms the cornerstone of its provenance, subsist in the Separation of Power among the three organs of the State viz Legislature, Judiciary and, Executive. The democratic system is widely countenanced across the Globe, being predicated on the electorates, who have the authority to elect or defenestrate a political party from the office. The informed opinion, a denouement of Free Press, provides a helm to the electorates to poise democracy and, eschew its dilapidation or debilitation. Being a watchdog, the Press foreshadows the veracity of the functions performed in proportionate tothe functions as asserted by the Government to be performed, thus, holding them answerable and accountable. Thereby, Press is considered a fourth pillar as it typifies Democracy. It acts as an oscillating factor between the two extremes, scilicet the Government and the governed, and makes an endeavor to subdue the state of incommunicado.

Irrespective of the paramount importance of media, it is garroted by mutually contrived attempts in various democratic countries. The Freedom to express and the expressions to be understood are imperiled due to the stinted press; a road to dampened democracy. The Freedom to seek, impart, receive and disseminate information is ostensibly floundering as the autonomous media sector is relegated in some of the most influential democracies. The constant vilification or cracking down of the Press has undermined its paramountcy, autonomy and has rendered it obsequious. The independency of the Press is enthralled within the confines of Confirmation Bias and Filter bubble, puissant factors hidden somewhere within the human psyche. The critical voice of the people, a cherished possession of democracy, is forsaken by the elected leaders.

The Corona pandemic has necessitated the subsistence of free and robust media but the Government has withered it by imposing an aurora of restrictions. Mr. Antonio Guetress, the UN Secretary General, averred that Free Press curbs the pandemic of mis, mal and, disinformation by providing verified, scientific and fact-based news. Antithetical to the view undertaken by the erstwhile, Political leaders being opportunistic are employing the crisis to excoriate Journalism by punishing Journalists, which is a sobering reminder of the threat imposed on democratic liberties. This has been espoused by many leading democracies and autocratic states, as a way of combating permeation of information disorder in the digital milieu. Amid the already ailing and pre-existing vulnerableness, the desperate grapple of the Press Freedom is exacerbated by COVID-19 outbreak. The Country like India has stopped the regular press- briefing, which was meant to inform the Citizens regarding the intricacies of Corona. In the garb of this Humanitarian crisis the World leading democracies has gridlocked the Conduit of information, through direct and indirect means. The trump’s recent executive order to attenuate legal protections to those platform which censors speech for ideological reasons relevels that the leaders’ across the globe are in the quest of embedded journalism.

Flouting Press Freedom across the Globe

Journalism, across the Globe has fallen prey to the concerted acts of the authorities in cracking down on Press Freedom. Journalist are facing physical assault, threat, intimidation calls and are even being criminalized for disseminating any information which is not a friendly and biased propaganda. Journalism is being regulated through exerting financial pressure, co-opting, legislations criminalizing misinformation, fake news and rumor mongering, psychological abuse, sexual harassment and, criminal defamation. The Governments are using the laws at their convenience for harsh reprisal and stamping over Press liberties. Combating fake news can undermine critical journalism, which aids the electorates in the conformation of informed opinion. The report commissioned by UNESCO portends how free press will fall victim to the laws enunciated to curb the rampage spread of fake news. The goal of the authorities is to force media to take a subservient role in democracy by sub serving the Government.

In order to silence the critical media outlets, either the Journalists are being expelled, murdered, framed, assaulted, harassed, imprisoned and are even abducted or the media outlets are shut down and social media sites are blocked. In the specimen, framing charges against Maria Ressa, Uon Chinn and Siddharth Varadarajan, for tax evasion, espionage and reporting on a minister violating lockdown norms, respectively, blocking of Al Jazeera in Bangladesh, bombing the home of Shillong Times Editor, Patrician Mukhim, killing of GauriLankesh, Shujaat Bukhari, Eduardo Dizon, imprisonment of Kishore Chandra Wangkhem and, Li Zehua being missing et all.

In the world’s most populous democracy, India, every attempt has been made to stifle public narratives and to refrain access to information from deadening station’s uplink to blocking news channels. Incumbent Indian government has solicited news executive to publish only ‘positive, optimistic and inspiring stories’ to foreshadow Governments efforts and, has also knocked the doors of SC to direct the media sector to publish only official records. The extent of deterioration of press freedom can be mapped by the murder of a crusading and intrepid Journalist, Gauri Lankesh, in 2017. Modi Government bristles at the accusations of corruption, economic recession, and human rights violations, exacerbation of hate or bias crimes and accretion in white collar crimes. The political acumen of Modi has led to hero-worship by curtailing critical journalism and espousing friendly outlets. The parable of anti- national element to every dissent is a threat to the democracy.  The commitment of current Indian regime to encourage a free and robust media sector and, stamping out Press Freedom by hindering it to inform the public, is oxymoronic. The government endeavors to improve the social cohesion by blemishing it, viz transforming a religiously diverse nation into Hindutva propounders. The mainstream media in India has become a voice of the mandatory and choose to form the narrative which suits the state and incumbent party.

The aristocratic countries, Russia and Hungary, are nailing more power by exploiting access to information in the veneer of battling the unprecedented pandemic. In Russia, if a person or media outlets disseminates fake information about corona virus, can be fined up to €23,000 and imprisonment up to 5 years, in the erstwhile, and a fine of €117,000 in the latter case. Serbia has centralized all the information related to COVID-19 crisis. Other European nations with exiguous media freedom, Romania and Bulgaria, are introducing emergency decrees by enacting and amending laws to control public narratives, to report or shut down the websites spreading fake news sans the right to appeal, to ban publishing or broadcast of any personal opinion, to extend the time limit to answer Freedom of Information requests and, to penalize the spread of fake news.

The modus operandi of the elected leaders in recourse with the fundamental right of access to information has opened a Pandora box. Democracy is built on the Citizen’s access to information and the use of the information to make democracy participative in nature.  The virus has sparked the debate on not only on the future of globalization but also on the democracy, rights of the people, nature of the state and the most significantly the morrow of the nature of  relationship between the State and its citizens. The tamed Citizen, the surveilling state, and deprived masses are redefining the global democracy and posing the question of its existence.  The changing face of information and increasing information warfare, and the elected authoritarian leaders will decide the integrity and resilient nature of Constitutional democracies. 

*Rajesh Ranjanis2nd year law student at NLU Jodhpur and Founding editor at Socio -legal -literary.

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International Law

What Effect Will the Coronavirus Pandemic Have on Migration Issues?

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Labour migration in Russia has suffered the shocks of the pandemic and the coming economic crisis, bringing about major changes to its present and future. Even today, many migrants find themselves in the difficult position of having to wait for the restrictive measures to be lifted, and their prospects of going home are vague (due to the borders being temporarily closed, as well as the fact that their home countries suffer from unemployment). Additionally, the access of migrants to the Russian labour market is shrinking rapidly. But do the massive changes that have taken place in 2020 constitute a turning point? How significant will their impact on the future of labour migration in Russia be? How will the situation in Russia be affected (and how much has it already been affected) by the changes in the Eurasian and global migration systems that have been brought about by barriers to migration that have only appeared recently? [1]

The Global Context

The “perfect storm” that has combined the coronavirus pandemic, a dramatic drop in oil prices, the unfolding economic crisis (that is worse than the crises of the last decades), the closing of borders between states (including borders within regional unions such as the EU and the EAEU), the sharp restrictions in international trade, the long-term demand for political populism in most host countries stemming from playing the “migrant card,” the drought expected in Europe and the United States, and the unprecedented plague of locusts in Africa, Asia and the Middle East, will all make it far more difficult to manage migration flows throughout the world.

The consequences of this “perfect storm” that is unfolding before our eyes are so significant that they have prompted a series of negative forecasts, ranging from doubling the scale of the expected famine (according to the United Nations World Food Programme, or WFP, over 265 million people across the globe may face acute food shortages by the end of 2020, which is 130 million more than predicted in 2019) to predicting a revision of the outcomes of globalization, partially abolishing the global division of labour and gradually drifting towards the principle of the self-sufficiency of national economies (if governments fail to take control of the crisis within a year). All these forecasts focus on factors that will ultimately affect migration processes, from prompting new refugee flows out of Africa to the increased vulnerability of migrant workers in most host countries.

New Changes and Changes Long Underway

Rapid changes taking place all over the world in 2020 have altered the challenges involved in controlling migration.

Over the past few decades, Russia has seen major changes in external migration, including differentiation of inbound flows (an increase in the share of families migrating, more migrant women and children, and greater age diversity); growing numbers of migrants from small towns and rural areas; falling education and income levels, as well as greater cultural diversity (including languages and faiths), among newly arriving migrants; and a change in the structure of migration flows, with migrants from Central Asia dominating.

On the other hand, the main incentives for migration to the Russian Federation have not changed: Russia has the best economic situation within the Eurasian migration system; it has an aging population and thus needs a labour force, including unskilled workers. Demand for unskilled labour is evidenced by a stable inbound flow of migrant workers who are mostly employed in unskilled, physically demanding and low-paying (as seen from the calculations of person-hours) jobs.

Migrant workers have essentially become an integral part of Russia’s labour market, and the changes that have taken place in labour migration over recent decades, coupled with the emergence and growth of a “parallel community” with “migrant” services and infrastructure, make their rapid and large-scale return home less likely. For many of them, Russia has already become a second home, and their principal hope for a better future. Nevertheless, some migrant workers will go home in 2020 (let us not forget that many of them are natives of small towns and rural areas who will be able to sustain themselves through their small farmsteads), although the contributing countries have very limited opportunities for supporting their returning citizens. For instance, experts propose giving away land in rural areas and decreasing the tax burden.

Recent expert reviews analyzing the effects that the coronavirus pandemic has had on labour migration mostly focus on the short term, while predictions of falling labour migration into Russia use the 2008 and 2014 crises as points of reference. However, the 2020 economic crisis in Russia has its own specifics: the economic situation has deteriorated sharply, and the pandemic has only added to its woes; there has been a sharp drop in oil prices; international sanctions have continued; borders have been closed and economic activities suspended. Another important factor is the social anxiety that the people of Russia have increasingly experienced over the past several years, which has been exacerbated by the negative socio-economic consequences that can already be observed (small and medium-sized businesses closing, large numbers of Russian citizens being laid off and having difficulties paying their mortgages, the vulnerability of mass medical services that has been highlighted by the pandemic, etc.). The state’s mitigating response has been slow in coming, even though it involves minimal costs. Consequently, we can predict an unstable socio-economic (and even political) situation, which will lead to issues of managing migration flows being relegated to the background, while homebound migrant flows will be greater than during previous crises.

The difficult situation today is fraught with unpleasant consequences both for migrant workers themselves and for the Russian labour market. In the coming months, migrant workers will be partially pushed out from the niches of Russia’s legal labour market in big cities. We know this from past experience (the crises of 2008–2010 and 2014–2016). However, purchasing power, which has been limited by the economic crisis, will work major changes in the shadow sector as well, curtailing the number of jobs even in those businesses that do not pay taxes (or do not pay them in full) and minimize their expenditures by way of the super-exploitation of labour. The shadow sector of the labour market is expected to grow. Foreign workers will compete with Russian citizens, and migrants will have certain advantages here, such as a willingness to work for lower hourly wages and in hazardous conditions, including those that are detrimental to their health. Today, the expected drop in quality of life in contributing countries (due, in part, to smaller money transfers from Russia) makes migrant workers a group that easily offers itself up for super-exploitation.

The changes that have taken place on the Russian labour market as a result of the pandemic (increased numbers of delivery persons, greater numbers of white-collar employees switching to online work, etc.) mean that jobs in delivery services that unemployed Russian citizens typically take as stop-gap solutions until they find a more permanent position will go to foreign workers in the medium term. The caregiving services (domestic workers) will continue to grow due to the aging of the Russian population, which will open up new opportunities for foreign citizens. In the medium term, agriculture will also offer more jobs to foreigners.

Two opposing trends will develop: the state will strive to collect more taxes, and entrepreneurs will strive to minimize their expenditures by hiring more foreigners, sometimes semi-legally and sometimes entirely illegally.

Obviously, in both the short and medium term, at greater or lesser pace, migration legislation will continue to be liberalized and the management of migration flows will become more flexible. For instance, during the pandemic, the President issued an executive order that eased the situation of migrants. In addition, a law was passed allowing those who wish to become Russian citizens to keep their previous citizenship, temporary residence permits were abolished and categories for obtaining Russian citizenship were introduced. These developments appear to be links in the chain of this gradual liberalization, no matter how slow it might be.

The events of 2020 will increase the number of foreign citizens willing to obtain a Russian residence permit or Russian citizenship, particularly among migrant workers who have years of experience living and working in Russia. Given the increasing competition with Russian citizens, migrant workers who want to reduce their outgoings will strive to improve their employability, and acquiring a more protected status will help them minimize risks in terms of finding employment and a place to live.

In the short term, when the restrictive measures imposed in response to the coronavirus pandemic are lifted, emigration of Russian citizens, including skilled workers, might increase against the background of the economic crisis. Educational migration from post-Soviet states (states contributing to Russia-bound migration) will increase, and the number of migrants studying at Russian vocational educational institutions whose graduates have good employment prospects in Russia will noticeably increase.

Many experts expect an uptick in Russia political activity among the Russian people after the pandemic. This may lead to populist parties enjoying more influence in political life, using xenophobic and migrant-phobic myths to boost their popularity.

Migration Challenges for Russia

The changes that have already taken place and are taking place now have brought the issue of modernizing migration challenges in Russia to the foreground.

Crime and Terrorism

Foreigners have never accounted for more than 3–4 per cent of all crimes committed in Russia, as attested by the official data of the Ministry of Internal Affairs of the Russian Federation. Even given the difficult circumstances that migrant workers have found themselves in over the past few months, we can confidently say that crime is unlikely to surge among them. Their long-term plans are geared towards working in Russia, and Russia has strict rules in place that involve deportation after two offenses (including administrative offenses), followed by a lengthy ban on entering the country. These two factors are a powerful deterrent against any illegal activities. Migrant workers typically find themselves breaking the law when it is difficult for them to overcome the barriers to their acquiring legal status in a lawful manner, and when it is cheaper to solve their immigration issues through illegal means. We are talking about buying fake registrations cards and/or employment contracts, not felonies that involve harm to life or health. However, such situations raise more questions about the height of the hurdles that migrants must overcome in order to obtain legal status than about the migrants themselves.

In both the short and medium term, mass migration into Russia is unlikely to generate an increased terrorist threat. However, terrorism challenges will become more relevant in the long term if the state withdraws the previous funding for integratory measures aimed at migrants of all categories, including the integration of foreign-born Russian citizens, particularly children of naturalized migrants. Additionally, given the possible increase in nationalistic sentiments and the growing numbers of terrorist attacks and right-wing crimes, targeting migrants will become a serious long-term challenge.

Healthcare

The risk of the coronavirus and other infectious diseases quickly spreading among migrants is rather high: studies show that migrants tend to live in overcrowded conditions, have limited resources for purchasing protective equipment and medication, are poorly aware of the recommended preventive measures, and generally do not have medical coverage as the price of even the most medical insurance that would include semi-regular check-ups is prohibitively high for them [2]. Consequently, healthcare for migrants is the gravest challenge of all. Migrants fall under the most vulnerable categories during pandemics throughout the world, not just in Russia. International organizations have already voiced this problem.

Growing Xenophobia and Migrant-Phobia

It is possible that xenophobia and migrant-phobia in Russia may grow, and with Russian citizens losing jobs in large numbers, the possibility will only increase. In times of economic crisis, migrants are traditionally seen as competition for Russian citizens who work in menial jobs, which is only fair if heavily qualified, yet this idea is actively explored by populist politicians. Migrant- and xenophobia are unlikely to lead to serious ethnically motivated conflicts in the near future, but it will certainly increase the popularity of political parties and movements that use anti-migrant rhetoric.

Closed Borders

The situation of foreign migrants has already deteriorated significantly due to the restrictions on inbound, outbound and domestic travel imposed during the pandemic. These restrictions apply equally to Russian citizens and the citizens of the EAEU states. Travel barriers being lifted gradually will hardly result in a quick and full recovery of the migration opportunities that existed before the pandemic. This is also a major challenge, since restrictions on the free movement of labour curtail both regional and international economic growth pace.

Increased Job Competition

The upsurge in unemployment in Russia that began in March–April 2020 and is expected to continue in the coming months will increase the competition between Russian citizens and migrant workers somewhat in the short term. In the medium term, the decrease in the size of the working-age population will weaken this competition. However, if the negative scenario materializes (see below), domestic migration will push job competition between Russian citizens and migrants in large cities to higher levels than before the pandemic.

Depopulation of Russian Provinces

One challenge that has invited little discussion is domestic migration, including seasonal work, i.e. Russian citizens from economically depressed regions travelling for seasonal work to regions that are the strongest economically. Crisis phenomena will spur on domestic migration, especially after the peak of the pandemic has been passed, and this will lead to the faster depopulation of Siberia and the Russian Far East. This is a long-term challenge.

The “Brain Drain”

The emigration of skilled workers from Russia will continue to be partially offset by the influx of talented and educated professionals, primarily young persons, from post-Soviet states. This includes educational migration. A small uptick in the “brain drain” from Russia can be expected in the short term, mostly due to the narrowing windows of opportunity for the young generation due to the socio-economic crisis in Russia, and inbound migration will not entirely offset Russia’s “brain drain.”

Prospects and Conclusions

As of right now, in May 2020, it is difficult to make any accurate estimates about the migration consequences of the “perfect storm” that we are currently experiencing. Not until the pandemic ends and the socio-economic crisis that is brewing becomes clearer. Nevertheless, some consequences for the global community, as well as for Russia, can be seen quite clearly even now.

The International Situation

In the coming years, migrants around the world will experience greater labour exploitation and become increasingly vulnerable. This will be due, among other things, to the growing poverty in countries that contribute to the workforce, as well as to the growing need for migrants to transfer money back home.

Against the background of tightened restrictions and greater obstacles to legal migration, both undocumented (illegal) migration and human trafficking will increase.

Famine and social unrest (including armed conflicts) stemming from unresolved problems with food supplies in Africa, Asia and the Middle East will increase the risks of new refugee flows.

If deglobalization does not lead to outright border closures and integration associations shutting themselves off (for instance, the European Union closing its borders), then it may, to a greater or lesser degree, result in new restrictions on migration. Having said that, the triumph of globalization is that it has been interfering with or even destroying the self-sufficiency of most countries for decades, increasing their dependence on the international division of labour, tourism, and trade. The cutting of international ties during the pandemic has worsened the situation in all states that depend on international supply chains. Consequently, a new upsurge in industrialization and reindustrialization in both developed and developing countries appears quite realistic. In the medium and long term, this development will bolster the demand for both skilled and unskilled workers and result in the obstacles to migration flows being somewhat relaxed.

Russia

Russia fits into most of the global trends outlined above.

In the short term, the EAEU partnership will take on more pragmatic, or perhaps stricter, forms. However, migration flows will not shrink. Instead, they will change their format: shadow labour relations will increase, as will the number of human rights violations; labour protection standards will deteriorate, and human trafficking will be on the rise. Thus far, the negative consequences of these changes are hard to assess, but in the medium term (the next three to four years), Russia can expect to see the following scenarios, all of which directly depend on the socio-economic measures the government adopts in the short term.

1. The optimistic scenario.

Once the restrictive measures are lifted, the Government of the Russian Federation will launch intensive purchasing power support by pouring money into the economy and helping it emerge from the “slowdown,” with special attention being paid to small- and medium-sized businesses [3]. Demand for migrant labour (both skilled and unskilled) will gradually increase, and in the medium term, those migrant workers who had gone into the shadow economy immediately after the restrictive measures were lifted and those who had temporarily returned home will have more opportunities for legal employment.

Centripetal trends in domestic migration (people moving to Central Russia) will remain in place, but there will be no major increases in seasonal workforce. Educational migration in Russia will continue at the same pace and will gradually become differentiated due to the influx of foreign students into Russian vocational educational institutions. Migration legislation will be further liberalized, thus stimulating the legal employment of Migrant workers. Considerable attention will be paid to the influx of skilled labour and to curtailing the “brain drain.”

This scenario implies migration flows returning to their previous levels in the short term and gradually increasing in the medium term.

2. The pessimistic scenario.

The Russian economy is slow to recover. Solvent demand is low. Real unemployment is growing. Jobs in economic niches that had been traditionally occupied by migrants are moving into the shadow economy. Migration-related corruption does not drop, or even grows and becomes a part of everyday life, making it more difficult for the authorities to manage the migration system. Business owners, particularly small business owners, prefer to hire migrant workers off the books. Super-exploitation of migrants continues or even increases. Non-payment of wages and other elements of human trafficking are not suppressed effectively and become more widespread. Foreign workers (including workers from Central Asia) are partially re-oriented to other labour markets. The “brain drain” and emigration from Russia continue, mainly in the form of young people.

Domestic migration into Central Russia is on the rise, as is seasonal work. Educational migration to Russia shows little growth, but Russian vocational educational institutions attract more foreign students. The liberalization of migration legislation slows down.

In this scenario, the migration flow will recover within the next one to three years.

Just which scenario will appear depends directly on the socio-economic situation in Russia and on the stability of its political development. Right now, the second (pessimistic) scenario appears more realistic.

[1]Ivakhniuk I.V. The Eurasian Migration System: Theory and Policies. Moscow: MAKS Press, 2008 (in Russian).

[2] Poletaev D. V. and Y. F. Florinskaya. Migrant Awareness of Tuberculosis and HIV. Moscow: Krasny Krest, 2015.

[3] When Does Russia’s Economy Pass the Point of No Return? Working Paper. April 2020. Institute of Economic Forecasting of the Russian Academy of Sciences. Institute for the Economy of Growth. http://stolypin.institute/institute/kogda-budet-proydena-tochka-nevozvrata-dlya-rossiyskoy-ekonomiki/

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International Law

The Dawn of New Chaos

Shahzada Rahim

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Before the ongoing crisis, no one has ever imagined that there could be a close relationship between politics and biology. Although, the discourse of the twenty-first century warfare has attempted to define the new dynamics of politics and warfare in hybrid context that establishes a close relationship between social sciences and natural sciences. For instance, the ontological discourse of the Hybrid warfare is characterized by the kinetic, non-Kinetic, biological, psychological and physical weaponry for producing a new kind of destruction and chaos. 

As an illustration, in the recent years, the characteristics of the modern counter-insurgency adds to the increasing prominent role of the life sciences in determining the politics of international security and peace. However, with the sudden eruption and rapture of the coronavirus pandemic expresses a new kind of natural destruction. Some people call it a man-made conspiracy to optimize the global population ratio, some call it as God’s curse and some call it as the beginning of World War-Z type apocalypse.

Perhaps, this kind of utter psychological paradox reminds me of Albert Einstein’s famous words “I know not, with what weapon World War III will be fought, but World War IV will be fought with sticks and Stones”. Here, the sudden resurgence of the coronavirus pandemic slightly indicates Albert Einstein’s weapon-X, despite the fact that it is not easy to justify this logic. Nonetheless, the metaphorical jargons such as bio-warfare, bio-politics, and genetic warfare and race wars are extremely popular across the public circles—a phenomenological dilemma.

On the contrary, the fact cannot be denied that the dawn of the 21st century is marked by the dominant discourse over the phenomenological concepts such as post-modernism, post-truth, post-logic and post-humanity. Perhaps, the latter discourse was briefly explained by Michel Foucault in his famous lecture series ‘Race wars’ at College de France, in which he made a significant illustration about the bio-politics by establishing a link between two moral queries; what must live and what must die.

Consequently, the paradox of living signifies an emerging irrational discourse about the new type of wars, which are beyond the human comprehension. What famous German war strategist and tactician Carl Von Clausewitz once said; ‘war is not the action of living force upon the lifeless mass but the collusion of two living forces’. In contrast, the ongoing ‘Covid-19’ has ravaged the global politics, society and economy. Perhaps, as per media speculation, it seems that the world is on the brink of socio-political and economic catastrophe.

This can be seen in the detail report published by the United Nations Conference on Trade and Development (UNCTAD)entitled ‘The coronavirus shock: A story of another global crisis foretold and what policy makers should be doing about it’. In the very first topic ‘A year of living dangerously’, the opening sentence goes like this ‘the coronavirus is the first and foremost a public health threat, but, it is also an increasingly economic threat’—a completely foretold apocalyptic scenario. Another report by the Organization of the Economic Cooperation and Development (OECD) interim economic assessment report entitled ‘Coronavirus: the world economy is at risk’ briefly summarizes about the global economic conditions resulted from the pandemic. The report recapitulates the health of global economy in four major points.

Firstly, the ongoing corona pandemic is chaotic and the outbreak in other countries will lower the growth by approximately ½ percentage this year. Secondly, the global GDP will drop to 2.4% in 2020. Thirdly, China, a global economic heavy weight is the birthplace of coronavirus (COVID-19), whose growth is expected to slip below 5%. Finally, the longer lasting and speedy outbreak of the COVID-19 pandemic across the Asia-Pacific region, North America (mainly USA), and Europe might make the situation worse. In that scenario, the global economic growth will shrink by more than one and half percent in 2020.

In the light of detailed reports by the two powerful international organizations; it seem that, the international community is again on the brink 1928 type Great Depression, mainly characterized by psychological and social breakdown. The public health dilemma because of the lack of efficiency and the economic recession due to the disruption of the global trade will change the shape of the international system for the decades to come. Likewise, the dynamic link between the pandemic and power structure can be understood by examining the consequence of the ongoing chaos. For instance, the public healthcare fragility will expose the majority of the marginalized population to the outbreak. Likewise, the sudden economic disaster might foment a new wave of civil unrests across different parts of the world.

Consequently, although the ongoing Coronavirus (Covid-19) pandemic may not shift the balance of power but it will mark a permanent spot on the memory of the ordinary for the generation to come. In this respect, those people, who lay much emphasis on the dogmatic opinion instead of the real facts, will put their lives at risk. Because, this new chaos is neither normal nor new normal rather abnormal that counts nothing not even your faith. The best way to understand this chaos is to accept the two big realities; the economic and political realities without flinging into skepticism.

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