Rights and Obligations
of Migrants
Section 1.5
Topics:
International Law and Migrant Rights and Obligations
Human Rights Instruments
Security and Migrant Rights
Essentials of Migration Management
Volume One: Migration Management Foundations
Rights and Obligations of Migrants
Rights and Obligations
of Migrants
Section 1.5
The human rights and obligations of migrants form an important part of the foundation for migration management. Policy developers need to understand the nature and origins of migrant rights and
obligations in order to explore how they can best be addressed and respected in migration policy. This
section discusses the current law and practice regarding the rights and obligations of migrants.
Learning Objectives
•
increase your knowledge of the fundamental rights and obligations of migrants
•
understand the human rights factors that need to be reflected in a migration management
policy and system
•
improve your ability to identify needed policy changes or legislative initiatives in your setting
Background
An informed approach to migrant rights will seek an appropriate balance between the sovereign
power of the State and the duties owed by the State to non-citizens under international human rights
law and related instruments. A fundamental premise of national sovereignty is that a State has the
power to control its borders, to determine the non-citizens it admits to its territory, in certain circumstances to remove non-citizens, and to take necessary steps to protect its security. This power to
manage migration is, however, offset by the fact that all migrants are human beings who possess
fundamental and inalienable human rights and freedoms that are protected under international
3
Section 1.5
human rights instruments and customary international law.
All human rights apply to migrants, but there are certain movement-related rights that are
particularly relevant in the migration context, for example, the right to freedom of movement, the
right to seek asylum, the right to a nationality, and the right to family unity. There is no single
distinct category of “migration rights” within the larger body of rights that has been developed by
the international community. Rights that are relevant to migrants are drawn from human rights law,
migrant workers law, refugee law, and humanitarian law.
All migrants are human beings who possess fundamental and inalienable human rights and freedoms
that are universally acknowledged in international instruments such as the Universal Declaration of
Human Rights adopted by the United Nations General Assembly in 1948. Human rights cannot be
taken away from a person or transferred to another person. This is why they are described as inalienable. Prima facie, human rights are guaranteed to all persons present in a State: they are therefore
also guaranteed to migrants irrespective of their legal status or length of stay. They are to be applied
without discrimination, meaning that no differences between people can count as a reason for removing or ignoring basic human rights and freedoms. While some human rights and freedoms are not
absolute and can, in certain limited circumstances, be derogated, fundamental human rights and
freedoms can never be suspended, for example, the right to life, and freedom from torture.
Further information on the legal foundations of migrant rights and obligations can be found in
Section 1.6, International Migration Law, and Section 1.8, Developing Migration Legislation.
Guiding Questions
1
Which of the international conventions identified in this Section does your State subscribe to?
2
To what extent are the obligations of being a signatory to these conventions reflected in na-
3
To what extent does existing or planned legislation in your setting reflect the spirit of these
tional legislation governing the management of migration?
international measures by ensuring that human rights are respected in dealing with all
migrants?
4
What modifications are required to bring legislation into line with the aims and obligations
set out in international human rights instruments?
4
Rights and Obligations of Migrants
A fundamental challenge for policy makers is to find
the balance between a framework of control and an
approach to migration management in which
human rights are a fundamental component.
Balanced policy development will be guided by the
principles of State authority, State responsibility,
and universal human rights.
Terms and Concepts
Alien
A person who is a citizen of another country and who does not have citizenship in his or her country
of residence
Binding laws
Laws “bind” (impose limitations and/or confer rights upon) only the States that have accepted them.
However, rules may bind non-parties to a treaty if the rules are part of customary law.
Customary law
Evidence of a general practice by States recognized as law
Derogation
Restriction or suspension of rights in certain defined situations
Enter into force
To become binding. An instrument usually enters into force after a designated number of States has
ratified it and/or a certain amount of time has passed.
Instrument
A legal document
5
Section 1.5
Inalienable
Not able to be transferred or assigned to another person
Legal migrant
A migrant who possesses travel documents, (e.g., passport and visas) or other forms of permission to
enter and stay in another country
Prima facie
“At first inspection” or “barring other factors”
State
A defined territory with a permanent population and an effective government that exercises internal
and external sovereignty
Stateless
The status of a person without formal citizenship in any country and without the protection of any
State
Ratification
The final establishment of consent to be bound by a treaty, usually including the deposit of an
instrument
Refoulement
Forced return of a refugee to the frontiers of territories where his or her life or freedom would be
threatened on the grounds set out in the 1951 Convention Relating to the Status of Refugees
Reservation to a treaty
A unilateral statement made by a State, when signing, ratifying, accepting, approving, or acceding to
a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty
in their application to that State
Rights-based approach
Puts the rights of migrants as the essential beginning point of an approach to migration policy rather
than control over migrants’ lives
Treaty
International agreement in writing concluded between States and governed by international law, also
called covenant, convention, protocol, or accord
6
Topic One
International Law and
Migrant Rights and Obligations
The relationship between sovereign power and respect for human rights in the migration context has
in many ways proved to be an uneasy one. Traditionally, sovereignty has always centred on the State’s
capacity to exercise exclusive jurisdiction within its borders, without interference or intervention by
other States. But the increasing impact and influence of human rights norms, and other factors, have
changed this perception: what matters is no longer State security alone, but also the protection of
individuals against threats to their dignity and fundamental human rights.
There are a considerable number of conventions and treaties that specify human rights obligations in
detail and provide implementation mechanisms to promote compliance. Most fundamental instruments, for example, the International Covenant on Civil and Political Rights, have been widely ratified,
and are therefore binding for most existing States. However, a significant number of States do not
adhere to many of the treaties, and are therefore not bound by the treaty obligations.
Juristic debate and disagreement for a number of years has surrounded the question of whether there
is a fundamental core of rights that must be adhered to by all States. In spite of debate, it is generally accepted that a “hard core” of rights, some of which can be expressed as prohibitions, exists and
determines the minimum guarantees to which all human beings are entitled simply by being human.
These rights are said to exist in “customary law,” which means that they are recognized as law that
binds all States even if they do not appear in a written treaty.
The following have been identified as being within the core of minimum rights:
•
•
•
•
•
•
•
•
•
right to life
prohibition against genocide
prohibition against slavery/slave trade
prohibition against torture or other cruel, inhuman or degrading treatment
prohibition against prolonged arbitrary detention
prohibition against systematic racial discrimination
right to self-determination
right to humane treatment as a detainee
prohibition against retroactive penal measures
7
International Law and Migrant Rights and Obligations
Rights and Obligations of Migrants
Section 1.5
•
•
•
•
right to equality before the law
right to non-discrimination
right to leave any country and return to one’s own country
principle of non-refoulement
These rights apply to all people, and thus to all categories of migrants, be they labour or economic
migrants, refugees, displaced persons, or others. All people involved in the migration process, regardless of race, colour, national or ethnic origin, are guaranteed these fundamental rights.
Important Points
1
Traditionally, the close link between sovereignty and citizenship has resulted in the differential
treatment of citizens and non-citizens, both under international law and in State practice. Migration
policy, as with other aspects of State policy, has long been premised on the promotion of the best
interests of a State’s own citizens. In many instances, this has resulted in the subjugation of migrants’
rights, leading to potential exploitation and abuse.
2
Recent years have seen increasing international recognition of the migration and human rights
nexus through, inter alia, the creation of a Special UN Rapporteur on Human Rights of Migrants,
and the promulgation of a number of human rights treaties and declarations dealing with migration
issues.
3
Although human rights are inalienable, they are not absolute. There are a number of limitations
on the protection of the rights of migrants under international human rights law.
•
States are allowed to derogate from certain rights in times of national emergency, and in
doing so distinguish between citizens and aliens.
•
In many international human rights instruments, a distinction is drawn in certain circumstances between the rights of migrants who are legally on State territory and those who are
irregular migrants.
4
Under general human rights law, a “hierarchy” of beneficiaries is established: citizens enjoy the
fullest rights, followed by migrants lawfully within State territory, and finally, migrants in an irregular situation.
5
Irregular migrants are most in need of international protection: indeed, their lack of legal status
or recognition makes them particularly susceptible to abuse, exploitation, and denial of their most
basic human rights.
8
What Do You Think?
It can be argued that there is now a shift in thinking about the meaning of sovereignty, from control
to responsibility. The protection of the human rights of migrants is not and need not be incompatible
with either the exercise of sovereignty by States or the effective implementation of national security
policies.
What You Need To Know About...
Obligations of Migrants
There is no body of international law or customary law that governs the obligations of migrants
toward the State that corresponds to the law on human rights.
Migrants have an obligation to respect the authority of States and to comply with the legislation and
operational procedures that legitimately flow from this authority.
According to international law, migrants are required to comply with the national legislation of the
host country.
A host country is not required to accept practices that violate national or international law.
Policy makers need to recognize that longstanding and valid assumptions that migrants will integrate, will learn the language, and will respect the culture of the host country are not international
legal obligations. While these expectations may be made into obligations in the context of a State’s
requirements for entry or for citizenship, there are no international instruments supporting such obligations as there are for protection of the rights of migrants. In the absence of a substantive consensus,
State practice risks being based on a range of assumptions, many of which are not supported under
any international legal instrument. Issues related to whether or not migrants are obligated to fulfil
a residency requirement in a particular location in the host country, how migrants should behave in
relation to ongoing homeland conflicts, or issues related to cultural or religious diversity are often
contentious areas of public policy.
Section 3.6, Integration of Migrants, discusses issues related to the Integration of Migrants.
9
International Law and Migrant Rights and Obligations
Rights and Obligations of Migrants
Section 1.5
Apply What You Have Learned
1
What assumptions are incorporated in your State’s practice regarding the obliga-
2
Would you add anything to the core of minimum rights identified in this topic?
3
Which provisions under international law for the protection of migrant human
4
Are the human rights of irregular migrants protected in your State?
5
What are the obligations of migrants after naturalization in your State?
tions of migrants?
rights are currently of greatest importance in your setting?
10
Rights and Obligations of Migrants
Topic Two
Human Rights Instruments
In principle, human rights law applies to all human beings at all times. Human rights instruments
exist that guarantee basic rights to all human beings. Human rights instruments are the most significant body of law for migrants, especially given the number of persons who do not fall within traditional categories of migration, and who may be in an irregular situation.
The applicable rights depend upon the category of migrant, or the type of migration. For example,
international instruments on the status of refugees accord certain rights to those persons within the
that should be enjoyed by all persons employed outside their State of citizenship. International
humanitarian law guarantees certain rights to civilians in times of conflict.
With the growth in migration, there is also growing awareness of hardships and discrimination
faced by migrants. In some areas, increasing xenophobia triggered by recession and unemployment
has lead to an increase of hostility against migrants. Violations of rights, exploitation, and abuse of
migrants continue to occur, despite the existence of national and international instruments on rights.
To a certain extent, lack of respect for the rights of migrants stems from a lack of awareness of the
content of rights instruments, as well as from a lack of understanding about how migration policy
can be framed in order to ensure respect for the rights of individuals while respecting the interests
of the State.
The fundamental rights of people have been universally acknowledged in international instruments.
The source for the rights of migrants can be found in the human rights instruments that follow.
Important Points
1
The Universal Declaration of Human Rights. Adopted by the United Nations General Assembly
in 1948, the Declaration was intended as “a common standard of achievement for all peoples and
nations.” Its thirty articles cover a wide range of human rights including the following:
•
•
right to life, liberty and security of person (Article 3)
prohibition of slavery or servitude (Article 4)
11
Human Rights Instruments
traditional definition of refugee. Instruments concerned with migrant workers lay down basic rights
Section 1.5
•
•
•
•
•
•
2
prohibition of torture or inhuman or degrading treatment or punishment (Article 5)
prohibition on retroactive penal legislation (Article 11)
right to respect for private and family life, home and correspondence (Article 12)
right to leave any country and to return to one’s own country (Article 13)
right to freedom of thought, conscience and religion (Article 18)
right to freedom of expression (Article 19)
Article 2 of the Declaration defines the fundamental principle of non-discrimination, which is
highly relevant in the migration context. The article guarantees that every human being is entitled to
the rights and freedoms set forth in the Declaration without distinction of any kind, such as sex, race,
colour, language, religion, political or other opinion, national or social origin, property, birth, or other
status.
3
The International Covenant on Economic, Social and Cultural Rights and The International Covenant
on Civil and Political Rights. These instruments were adopted in 1966 in an effort to give legal form
to the rights contained in the Declaration. Both have been widely ratified and are legally binding on
States’ parties. They are comprehensive instruments and enumerate a wide range of rights and freedoms. All human beings, including every person involved in the migration process, are entitled to the
protection of the above instruments.
Some of the rights specified are particularly relevant to migrants; for example, the right to leave any
country and the right of a person to return to his or her own country. The instruments also guarantee many other rights applicable to situations that are commonly experienced within the migration
context. Indeed, the very factors that motivate a person’s movement from their country of origin
often stem from violations or the denial of basic rights, be they civil, social, economic or other human
rights, or discrimination in the application of rights. Their rights may also be jeopardized during
their journey or upon arrival in the country of destination.
4
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is
another international human rights instrument that offers guarantees that may be relevant to migrants.
It is the fundamental international instrument dealing with racial discrimination. It condemns racial
discrimination as:
any distinction, exclusion, restriction or preference based on race, colour, descent or national
or ethnic origin which has the effect of nullifying or impairing the recognition, enjoyment or
exercise, on an equal footing, of human rights and fundamental freedoms. (Article 1(1))
Sections 2 and 3 of this Convention restrict this wide definition to some extent by allowing States’
parties to distinguish between citizens and non-citizens. However, Article 5 contains a non-exhaus-
12
Rights and Obligations of Migrants
tive list of rights that should be enjoyed without distinction as to race, colour, or national or ethnic
origin. The Convention does not guarantee these rights as such; rather it provides that as far as these
rights exist in national law, they are to be enjoyed without discrimination.
5
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is relevant
to migrants in that it obliges States’ parties to take all appropriate measures, including legislation,
to suppress all forms of traffic in women. Trafficking in women is a widespread form of international
migration that is particularly exploitative of the female migrant. It also relates to the increasing feminization of international migration, and the extent to which female migrants are often discriminated
against both as migrants and as women.
6
The Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
This Convention promotes the end of all torture and infliction of other degrading treatment throughout the world, and extends the principle of non-refoulement to apply to all cases where there are
substantial reasons to believe that a person would be tortured if returned to his or her own country.
7
The Convention on the Rights of the Child. This Convention sets standards of treatment of children
under 18 years of age. It refers to a variety of issues, including rights to health, education, family,
an adequate standard of living, etc. The prohibition against discrimination in Article 2 means that
whatever benefits a State gives to children who are its citizens, it must give to all children, including
refugees and other migrants.
8
The International Convention on the Protection of the Rights of All Migrant Workers and Members of
their Families. This Convention is an attempt to reaffirm and establish basic human rights norms and
to embody them in an instrument applicable to migrant workers and their families. It was recognized
that this group of people are often in a vulnerable and unprotected position, especially given the
added problems encountered from clandestine movements and trafficking in workers. The underlying goal of this Convention, therefore, is to provide an instrument that protects those migrant
workers and members of their families who are in an undocumented or irregular situation.
This Convention is a significant move by the international community toward the recognition and
promotion of migrants’ rights. It reflects a growing awareness of the problems and discriminatory treatment that faces many migrant workers, as well as an acknowledgment of the enormity of
the issue of irregular migration. Implementation of this Convention could significantly encourage
humane treatment of all migrant workers. However, the number of ratifications is still small. There is
13
Human Rights Instruments
Section 2.10, Migration and Gender, provides more information on the feminization of international
migration and exploitation issues.
Section 1.5
a lack of information about the Convention and many States remain unaware of its details. Its sheer
bulk, comprising 93 articles, may be a cause of the delay in ratifications. Political realities may also
be a factor in that many countries are opposed to the recognition and protection of clandestine and
irregular workers. In some areas, resurgence of xenophobia and racism has led to anti-migrant sentiment, meaning that governments are exceedingly cautious in this area.
This Convention defines various categories of migrant workers, and in Article 7, affirms that the
rights enumerated in the Convention are to be respected without distinction of any kind. Furthermore, these rights are to be respected and ensured “in accordance with the international instruments
concerning human rights.” Although the Convention distinguishes between documented migrant
workers and those who are undocumented or in an irregular situation, Part III of the Convention
enumerates a comprehensive set of civil, political, economic, social, and cultural rights applicable to
all migrant workers and members of their families. These are largely restatements of the basic human
rights found in other instruments, and include the following:
•
right to leave any State, including their State of origin and the right to enter and remain in
their country of origin (Article 8)
•
•
•
•
•
right to life (Article 9)
prohibition of torture or other cruel, inhuman or degrading treatment (Article 10)
prohibition of slavery, servitude, forced or compulsory labour (Article 11)
right to freedom of thought, conscience and religion (Article 12)
prohibition of arbitrary or unlawful interference with the privacy, family, home, correspondence (Article 14)
•
•
prohibition of arbitrary deprivation of property (Article 15)
right to liberty and security of person and prohibition of arbitrary arrest or detention (Article
16)
•
prohibition of collective expulsion (Article 22)
The principle of equality of treatment between all migrant workers and citizens is to be applied
before courts and tribunals (Article 18) and respecting remuneration and other working conditions
(Article 25). Equality is also to be respected in such fields as urgent medical assistance (Article 28)
and access to education (Article 30).
Part IV of this Convention grants additional rights to those migrants who are documented or in a
regular situation. For example, Article 39 grants documented migrant workers and members of their
families the right of liberty of movement in the territory of the host State, and the right to form associations and trade unions is upheld in Article 40. This section also applies the principle of equality of
treatment with nationals to documented migrant workers and their families in such areas as access to
education, housing, and social services.
14
Rights and Obligations of Migrants
In Part VI, one of the major objectives of the Convention can be seen. This section seeks to prevent
and eliminate illegal entry and illegal employment of migrant workers, and calls upon States, Parties
to take measures to achieve this goal. Suggested measures include imposition of sanctions against
persons who organize irregular movements and against employers of undocumented workers. The
section aims at promoting “sound, equitable, humane and lawful conditions” for migrant workers
and Article 64 mandates States to consult and cooperate in order to achieve this goal.
9
Many regional human rights instruments provide similar rights guarantees, and apply to all
persons within the jurisdiction of the contracting parties. Regional instruments provide protection to
both citizens and non-citizens within the signatory countries. Regional human rights treaties include
the European Convention of Human Rights, the African Charter on Human and Peoples’ Rights, and the
Apply What You Have Learned
1
Which human rights instruments are in force in your State? your region?
2
What impact has the International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families had on migrant workers in your
State?
3
How effective are existing instruments in defending migrant rights in all catego-
4
Which features of existing conventions are of greatest importance for a balanced
ries of migration?
migration policy in your State?
15
Human Rights Instruments
American Convention on Human Rights.
Section 1.5
Topic Three
Security and Migrant Rights
States have the authority to regulate the movement of persons across their borders as a consequence
of State sovereignty. National security has always been an issue of concern to States, and there has
always been a tension between admitting new arrivals and safeguarding the interests of the State and
its existing population. There has always been a need to balance migrants’ rights with the need for
security and immigration controls.
A central feature of sovereignty is the power of a State to defend its own security. The issue of security
is interpreted broadly to include economic security, environmental security, and physical security.
There is an acknowledgement that under certain circumstances, movements of persons may threaten
the economic well-being of a country, its social order, its cultural identity and religious values, and its
political stability. International migration has, at times, posed threats to regional and international
stability, particularly when relations between States have become strained.
Important Points
1
Security is increasingly being understood to refer primarily to protection against crime and
terrorism. Increased concern about terrorism has brought national security sharply into focus, and
there is real concern about the threat that foreigners can pose to the security or safety of a country
and its citizens.
2
Security concerns are often given as a reason to restrict or suspend the rights of migrants.
Migrants are regarded with more suspicion than before, and many are being seen, often without
cause or reason, as potential enemies. In some instances there appears to be a trend toward using the
A possible example of treating migrants as potential enemies, without cause or reason, would be the internment
of all migrants in a country who are part of the same religion, nationality, or ethnic group as are known international terrorists who claim that their actions are justified by this religion, nationality, or ethnic group.
16
Rights and Obligations of Migrants
threat of terrorism as an excuse to justify actions against migrants that potentially may discriminate
against them, or place limits on their ability to exercise their rights.
3
Migration procedures are becoming tools to combat terrorism; rights of migrants in terms of
equality of access to justice procedures and civil liberties are in danger of being sacrificed in the “war
against terrorism.”
4
An important challenge for policy makers is to find the balance between an approach to migra-
tion management within a framework of control and an approach in which human rights are a funda-
What You Need To Know About...
Balanced Policy Development1
Before rights can be respected, it is necessary to know exactly what they are. This would provide a
background or baseline of rights so that their violation by current or proposed control or security
measures can be detected.
Knowledge of the correct standards for assessing rights violations works best when all people who
enforce laws, or border controls, have this knowledge and it is not the exclusive domain of a few
Non-governmental organizations (NGOs) have an important role in helping governments to achieve
these measures. NGOs can provide training and information on applicable standards, lobby to ensure
that relevant standards are incorporated into law and implemented, and help monitor the implementation of laws and publicize violations.
Training is an important tool to use as widely as possible so that knowledge can be provided to
strengthen and connect security and border control with the exercise of State authority.
National legislation should incorporate the most important international standards and thereby
contribute to a framework for effective migration policy and administration.
Actions taken by Governments should be authorized by law. Any limitation on migrant rights should
be prescribed by law and continue to conform to certain standards. “Law” in this sense refers to the
domestic legal system. Administrative provisions alone, without being supported in legislation, are
insufficient. For example, arresting or detaining a person by an administrative act should only be
17
Security and Migrant Rights
senior officials.
Section 1.5
allowed if it enforces a provision in legislation (i.e., there must be a law that allows for the arrest. It
is not sufficient for there only to be a regulation). The legislation itself must clearly provide for the
arrest or detention, and must regulate the relevant procedures to be observed such that the principle
of legality will be violated if somebody is arrested or detained on grounds not clearly established in
a domestic law.
There should be a “prohibition against arbitrariness.” For example, it is not enough if an arrest or
detention is prescribed by law. The law itself must not be arbitrary, and the enforcement of the law
must not take place arbitrarily. This prohibition supports the principle of legality and vice versa.
Once the main human rights instruments are adopted and implemented, an independent body
should be set up to monitor implementation of laws and seek remedies for violations. This would
enable accountability, which is not equivalent to the enforcement of the laws. Independent monitoring bodies are key players in a democracy. They serve to ensure that governments can be held responsible for their actions, and that violations will be made public and analyzed. In this way, independent
monitoring bodies can assist in ensuring that a government abides by its own laws and that if it does
not do so it must answer for it.
Government actions, decisions, and laws should be open to the public in order to be transparent.
Secret and closed government actions contradict the requirements of democracy, human rights,
and freedoms. Freedom of information is the key to ensuring transparency. Transparency reinforces
accountability and vice versa. An open government, whose actions can be investigated, will necessarily have to be accountable for its actions. Transparency also requires and reinforces the principles of
knowledge and training. If the public are familiar with their rights and obligations in the context of
national laws, this can help ensure that these laws are respected and will prevent the laws from being
executed in an arbitrary or unbalanced manner.
Actions by a government should be proportional to the final goal. For example, any sanction taken by
a government, whether it is punishment or denial of liberty, must remain proportional to the offence
committed. Government actions will take reasonable and measured steps to do what is necessary to,
for example, address security concerns. The end does not justify the means when the principle of
proportionality is respected. The choice of means will be subject to criteria separate and apart from
the goals of security when proportionality is applied.
The principle of proportionality requires that where measures are taken that may violate certain
human rights, then these measures must be reviewed at regular intervals by independent national
bodies. Exceptional measures must remain exceptional, that is, be of limited duration and enforced
18
Rights and Obligations of Migrants
only when strictly necessary, for example, in times of emergency or war. This is a principle that
relates back to the principles of legality and non-arbitrariness.
The principle of proportionality requires that measures be specific and targeted rather than generalized. Measures taken to improve security will not be aimed against migrants in a generalized way.
Measures to improve security will be specific enough to target people who present a real risk to
security. This cannot mean all migrants, only those who present risks.
Law enforcement agencies have a responsibility to gather information and assess who is presenting
a security risk or potentially presenting a risk. If this is done, general violations of rights of migrants
will not occur.
Aspects of security and migrant rights are discussed further in Section 2.8, Migration and Security,
Section 3.1, Passport and Visa Systems, Section 3.3, Border Management Systems, and Section 3.11,
Migration Intelligence Systems.
1
Which of the principles for balanced policy development will help you in your
2
What are the issues in your setting that surround implementing the principles
3
What are the policy challenges surrounding security in your setting?
4
How would you approach the development of migration policy that is consistent
setting?
suggested in this topic?
with security concerns?
19
Security and Migrant Rights
Apply What You Have Learned
Section 1.5
Concluding Remarks
The international community is becoming increasingly challenged to balance interests in security
and controlled migration with interests in human rights and migrant rights. The rights of migrants,
and their corresponding obligations, can be protected and administered by combining principles of
knowledge, legality, transparency, and proportionality in comprehensive migration management.
Resources
You can find further information on the Conventions identified in this Section at the following locations:
The Universal Declaration of Human Rights
http://www.un.org/Overview/rights.html
The International Covenant on Economic, Social and Cultural Rights
http://www.unhchr.ch/html/menu3/b/a_cescr.htm
The International Covenant on Civil and Political Rights
http://www.unhchr.ch/html/menu3/b/a_ccpr.htm
The International Convention on the Elimination of All Forms of Racial Discrimination
http://www.unesco.org/shs/human_rights/dcc.htm
The Convention on the Elimination of All Forms of Discrimination Against Women
http://www.unhchr.ch/html/menu3/b/e1cedaw.htm
The Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
http://www.unhchr.ch/html/menu3/b/h_cat39.htm
The Convention on the Rights of the Child
http://www.unhchr.ch/html/menu3/b/k2crc.htm
The International Convention on the Protection of the Rights of All Migrant Workers and Members
of their Families
http://www.unhchr.ch/html/menu3/b/m_mwctoc.htm
20
Rights and Obligations of Migrants
European Convention of Human Rights
http://conventions.coe.int/treaty/en/Treaties/Html/005.htm
African Charter on Human and Peoples’ Rights
http://www.hrcr.org/docs/Banjul/afrhr.html
American Convention on Human Rights.
http://www.oas.org/juridico/english/Treaties/b-32.htm
Endnotes
1
IOM, Legal Services
21