INTERNATIONAL MIGRANTS DAY - 18 DECEMBER
By Melissa Fuhrer / GICJ
INTRODUCTION
International Migrants Day is celebrated annually on 18 December. Its purpose is to bring awareness to the struggles migrants face, such as exploitation and violence, and to highlight their important contribution to society.
This day was established by the United Nations General Assembly through Resolution A/RES/55/93 on 4 December 2000, following the adoption of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families earlier that year. The resolution recognised the increasing number of members worldwide and aimed to promote and respect their human rights and dignity.
First, it is important to note the difference between immigrants, refugees, and asylum seekers. At its core, a migrant is an individual who moves to another state or country for a certain amount of time [1]. However, differences exist within this broader definition [2]. Immigrants are people who choose to move to another country, often permanently. A refugee can be defined as a person who flees their country of origin because they fear persecution and cannot return home safely. This status is more than a mere definition; it is a legal framework, as set by the 1951 UN Refugee Convention and its 1967 Protocol. Finally, asylum seekers are people who have crossed into another country seeking protection from danger in their home country, but whose claim for refugee status has not yet been legally recognised.
Those differences are important to understand because the legal rights and protections of an individual depend on which category of migrants they fit into. Refugees are entitled to specific protections under international law, such as non-refoulement, under Article 33 of the 1951 Refugee Convention [3]. Non-refoulement is a principle of international law that prohibits transferring anyone to a country where they face a risk of persecution, regardless of their migratory status.
Furthermore, mislabeling affects public perception and policy. If refugees are described simply as “migrants”, governments and the media might ignore the urgent safety needs that drive forced displacement. Accurate terms help ensure that the right protections and humanitarian responses are applied.
THIS YEAR'S THEME AND WHY IT IS IMPORTANT
This year, the United Nations chose the theme “My Great Story: Cultures and Development.” This theme represents the struggles that migrants face on a more individual level, allowing for a more personal connection. This theme aims to humanise the journey of migrants, rather than to merely view them as numbers on a graph.
Emphasising individual migrant stories reminds us of the importance of migrants and the need for more effective management of immigration through policy and advocacy. Migration spreads skills, ideas, languages, and traditions. It strengthens multicultural societies and connects countries through diasporas. Still, these effects cannot happen without the help of safer migration pathways, access to documentation, fair labour conditions, and recognition of qualifications.
CASE STUDY
In 2025, Iran carried out a large-scale deportation campaign targeting Afghan migrants and refugees. This campaign has resulted in a distressing humanitarian and legal crisis, with more than 1 million people forcibly expelled from Iran back to Afghanistan [4]. Many were forced to leave without access to services, shelter, or legal protection, with women and children especially vulnerable under restrictive conditions in Afghanistan. There were 454,700 deportations in the first 30 days of July alone, more than double the previous monthly high of deportations. This immense surge in returns followed a March 2025 decision by the Iranian Government requiring all undocumented Afghans to leave the country [5]. These expulsions prompted UN experts to demand an immediate halt, warning that Afghanistan is not a safe country to return to, given the constantly deteriorating human rights situation [6]. Reports indicate that as many as 70% of returnees were forcibly returned, with 99% arriving undocumented [7]. Furthermore, returnees have consistently reported serious protection challenges faced in Iran, including discrimination, mistreatment, verbal abuse in detention centres, and abuse by authorities in detention centres.
This mass forced return raises serious concerns under international refugee and human rights law, violating the principle of non-refoulement. Due to the forceful nature of the expulsions, States cannot ensure that Afghan nationals have access to fair procedures where their individual protection needs are fully assessed. On top of this, severe funding shortages have forced aid agencies to reduce financial assistance to returnee families at the border.
The changing demographics of returnees have heightened protection risks, particularly for vulnerable individuals. There has been a steep rise in families being deported, with the majority of individuals returning in July travelling as part of a single household. Women and children make up 72% of those assisted, and 35% of assisted households are female-headed. UN experts have stressed that women and girls in Afghanistan are systematically deprived of their fundamental rights, facing risks of persecution and threats of violence upon return. Concern has also been raised regarding the separation of families and the specific risks for women. Returnees, including judges, journalists, and government officials, face very real dangers and a particular risk of serious harm if they are returned, notably from the Taliban.
Many of those forcibly deported from Iran were likely refugees or asylum seekers fleeing persecution in Afghanistan, yet they were treated as irregular migrants without individual protection assessments, emphasising the importance of the distinct definitions given above.
Rather than having their stories heard, these individuals have been reduced to statistics in a deportation campaign. This case reminds us that IMD is not only a celebration of the contribution of migrants but also an urgent call to action. True development and cultural exchange cannot be achieved without protecting the most basic rights of migrants.
THE USE OF AI IN MIGRATION SYSTEMS
One of the key tenets of the installation of this international day is to remind the world of the importance of better migration systems, especially in the face of an ever-changing global interconnected community. Globalisation and the rapid innovations in technology, such as AI, have the potential to be harnessed for the greater good, but are also able to do much damage if found in the wrong hands.
AI tools are used at various stages of the migration cycle, such as speeding up application reviews, screening for security risks during visa and asylum processing, and automating border checks and biometric systems during border management and surveillance. Chatbots and other digital assistance are used to help migrants understand complex rules or to get legal support [8].
However, AI systems require digital infrastructure and skills that many countries and populations lack. This leads to uneven access to those tools, which can consequently deepen existing global inequalities in migration opportunities and services.
Furthermore, AI can amplify existing biases in data, leading to unfair decisions in visa approval, asylum cases, and border controls. In fact, facial recognition systems misclassify dark-skinned faces at a higher rate than other groups [9].
The use of AI tools also comes with other potentially harmful consequences, such as privacy and survey risks, a lack of transparency and accountability, and broader societal and ethical concerns. Ensuring that AI tools are fair, transparent, and accessible is essential to honouring migrants’ stories and enabling their positive role in global development.
UN ACTION
Currently, the United Nations continues to advance migrant rights through frameworks like the Global Compact for Safe, Orderly and Regular Migration (GCM), adopted in 2018. The UN Network on Migration supports member states in implementing the GCM’s objectives, focusing on protection, integration, and addressing vulnerabilities. Specialised agencies, including IMO and UNHCR, provide on-the-ground assistance, advocacy, and monitoring.
GICJ POSITION
Geneva International Centre for Justice (GICJ) reiterates the importance of upholding international human rights and refugee law, particularly the principle of non-refoulement and the right to seek asylum. Additionally, the centre calls on the international community to ensure that all migrants, regardless of status, are treated with dignity and granted access to protection, fair procedures, and essential services. Additionally, CIGJ condemns state practices that violate these principles, such as mass deportations, discriminatory migration policies, and the use of technology in ways that exacerbate inequality or undermine human rights. GICJ advocates for rights-based migration governance, accountability for abuses, and stronger multilateral cooperation to protect the most vulnerable during displacement.
References:
[1] https://www.iom.int/fundamentals-migration
[2] https://education.cfr.org/learn/learning-journey/migration-policy/for-migrants-labels-matter
[3] https://www.unhcr.org/about-unhcr/overview/1951-refugee-convention
[4] https://www.unhcr.org/sites/default/files/2025-08/Iran-Afghanistan%20Returns%20Emergency%20Response%2015%20-%2030%20July%202025.pdf
[5] https://news.un.org/en/story/2025/06/1165111
[6] https://www.ohchr.org/en/press-releases/2025/07/un-experts-appalled-mass-forced-returns-afghan-nationals
[7] https://www.iom.int/news/record-256000-afghan-migrants-return-iran-iom-warns-dire-funding-shortfall
[8] https://worldmigrationreport.iom.int/sites/g/files/tmzbdl1691/files/documents/Ch11-key-findings_final.pdf
[9] https://www.nature.com/articles/d41586-022-03050-7.pdf
