Post on 04-Jan-2016
Seminar-Workshop on Human Rights of Migrant PopulationsTegucigalpa, February 10-11, 2011
Protecting Migrants in Transit:International Human Rights Obligations as a
Framework for Public Policy-Making
Contents
Transit Migration Flows
International Protection Framework
Obligations of the State relating to Migrants in Transit:
- To Respect
- To Protect
- To Guarantee
Transit Migration Flows
Mixed Flows:
Refugees / asylum applicants
Migrants “for economic reasons” Other (victims of migrant smuggling and trafficking,
unaccompanied boys, girls, and adolescents, migrants victims of violence, etc.)
Many of them can belong to two or several of these categories or move from one category to the other.
Transit Migration Flows
The vulnerability of persons in countries of transit (and, therefore, their
need for protection) varies according to gender, age, migration status, and regulations and practices of the involved countries.
International Protection Framework
1951 Convention relating to the Status of Refugees
Palermo Protocols
International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families
Other human rights agreements, including those providing additions protection to specific groups (for example, CRC, CEDAW)
International Protection Framework
“While States have legitimate interests relating to the protection of their borders and immigration control, these concerns may not prevail and, in fact, according to international law, do not prevail over the obligations of the State to respect the rights of all persons that are guaranteed at an international level”.
Global Migration Group, 2010
Obligations of the State
RespectRespect ProtectProtect GuaranteeGuarantee
Example:-Regulating the actions of recruiting agencies- Punishing migrant smuggling and trafficking networks
Example:-Regulating the actions of recruiting agencies- Punishing migrant smuggling and trafficking networks
Example:-No massive deportation- No arbitrary detention
Example:-No massive deportation- No arbitrary detention
Example:Providing information on the risks of irregular migration- Adopting legislation against migrant smuggling and trafficking
Example:Providing information on the risks of irregular migration- Adopting legislation against migrant smuggling and traffickingTo investigate, punish, and
repair in case of violations
To investigate, punish, and repair in case of violations
Obligations of the State
Relating to migrant smuggling processes Relating to detention measures Relating to expulsion measures
During the stay on the State’s territory:(DESC: Labour protection, education, health, etc.)
“Protection [of human rights] is not only a legal obligation; in addition, it is a matter of public interest […]”
Global Migration Group, 2010
Obligations of the State
Thank You