By ONIKOSI ANUOLUWATOYOSI, THE TIMES OF INDIA
Following an interview with the Delegation from Pakistan on the International Organization for Migration, they revealed specific content of their working paper which has its core tenets in due process and evaluation. They have created GLOCAL, which stands for Global Solutions for Local Application. It is the focus of their working paper and they have also created a flow chart test they call an Accountability Flow Chart. The Accountability Flow Chart is made up of three questions that need to be asked in order to determine which states should be responsible for the risks that migrants face as well as deaths that occur during border crises.
The first question is what was the cause of the death; if it was natural, there would be no accountability, however if it was human then it would pass to question two. Question two would determine accountability for where the cause of death was, whether it was pre-crossing, during the crossing, or after. There would be responsibility of the country of origin if they die before the crossing and responsibility of the state of destination if they had already crossed. There may be situations in which it would be difficult to determine which states are accountable perhaps because the migrants were halfway through. In this case the third question would be referenced to ascertain the status or the legal situation of the person that was crossing. If the person had a legal status as an asylum seeker due to persecution in their home country then a case may be opened up which may investigate the incident. If the person crossing was not eligible to seek asylum under the formal definition, then there would be the assumption of indifference of sovereignty.
Therefore in as much as the migrants have human rights that should be respected, the country’s sovereignty remains a priority but an investigation as to the cause of the death must be duly carried out. The whole framework therefore should be made in the evaluation of two processes: evaluation of concrete evidence and concrete circumstances.
In summary of all these, we wonder what the Indian governments have to say about this initiative!