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Seminar-Workshop on Human Rights of Migrant Populations Tegucigalpa, February 10-11, 2011

Protecting Migrants in Transit: International Human Rights Obligations as a Framework for Public Policy-Making. Seminar-Workshop on Human Rights of Migrant Populations Tegucigalpa, February 10-11, 2011. Contents. Transit Migration Flows International Protection Framework

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Seminar-Workshop on Human Rights of Migrant Populations Tegucigalpa, February 10-11, 2011

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  1. Protecting Migrants in Transit: International Human Rights Obligations as a Framework for Public Policy-Making Seminar-Workshop on Human Rights of Migrant Populations Tegucigalpa, February 10-11, 2011

  2. Contents • Transit Migration Flows • International Protection Framework • Obligations of the State relating to Migrants in Transit: • - To Respect • - To Protect • - To Guarantee

  3. 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.

  4. 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.

  5. 1951 Convention relating to the Status of Refugees • Palermo Protocols International Protection Framework • 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)

  6. “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 International Protection Framework to respect the rights of all persons that are guaranteed at an international level”. Global Migration Group, 2010

  7. Protect Guarantee Respect Obligations of the State • Example: • Providing information on the risks of irregular migration • - Adopting legislation against migrant smuggling and trafficking • Example: • Regulating the actions of recruiting agencies • Punishing migrant smuggling and trafficking networks • Example: • No massive deportation • No arbitrary detention To investigate, punish, and repair in case of violations

  8. 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.)

  9. Obligations of the State “Protection [of human rights] is not only a legal obligation; in addition, it is a matter of public interest […]” Global Migration Group, 2010

  10. Thank You

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