Human Rights of Migrants: From Desert Migration to Resettlement
Abstract
The issue of desert migration has remained an intractable problem in the context of human rights. Desert migration raises unabated and a major concern because of the problems that come with it. Illegal migration has highlighted the need for and the challenge of having a proper human rights impact assessment of desert migration which will help in providing a suitable legal framework. This article primarily seeks certain protections accorded to migrants on desert migration and identifies problems associated with desert migration and the states of stranded migrants under human rights law. It is written by using a doctrinal legal research methodology that adopts analytical and qualitative approaches and builds its argument on existing literature which is achieved by synthesis of ideas. This article noted that there is a significant protection gap in the international and regional human rights architecture which oftentimes result in inadequate protection of migrants from human rights violation. It is argued that in order to guarantee a robust protection of migrant's rights outside their place of origin, a more integral response to critical human rights and development challenges is capable of addressing the protection gap. Furthermore, the article demonstrated that adopting a new approach with comprehensive instruments on migrant's rights protection and resettlement will be able to eradicate unabated violations of migrant's rights around the globe.
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References
Book
Derek, Jinks. " International Human Rights Law in Times of Armed Conflicts." In The Oxford Handbook On International Law in Armed Conflict, edited by Andrew Clapham and Paola Gaeta. Oxford: Oxford University Press, 2014.
Oppenheim, L., International Law: Treaties, London: Longmans, Green & Co, Vol. 11, 1952.
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Starke, J. G." Introduction to International Law", London: Buttersworths, Ninth Edition., 1984.
Journal Article
Gieseken, Helen Obregón. "The protection of migrants under international humanitarian law." International Review of the Red Cross 99, no. 904 (2017): 121-152. https://doi.org/10.1017/S1816383118000103
Galos, Eliza, Harry Cook and Laura Bartolini. " Migrant's Vulnerability to Human Trafficking and Exploitation in the Irregular Migration Context of the Mediterranean Routes". Migration Policy Practice VII, No. 2 (2017): 34-37.
Higgins, Rosalyn. "Derogations under Human Rights Treaties". British Yearbook of International Law. 48, No.1 (1976): 281-319, https://doi.org/10.1093/bybil/48,1.281
Kok, Pieter. "The Definition of Migration and it's Application: Making Sense of Recent South African Census and Survey Data," South African Journal of Demography 7 No.1 (1999): 19-30
Martin, Philip, Susan Martin, and Sarah Cross. "High-level Dialogue on Migration and Development. International Migration 45, No.1 (2007): 7-25. https://doi.org/10.111/i.1468-2435,2007.00394.x
Uche, Nnawulezi and Adeuti Bosede. “Expanding the Frontiers of the Right to Work through Migration: An Evolving Regime,” Brawijaya Law Journal 8, No.1 (2021): 1-14. http://dx.doi.org/10.21776/ub.blj.2021.008.01.01
Thesis or Dissertation
Stock, Inka. “Transit to nowhere: how Sub Saharan African migrants in Morocco confront life in forced immobility.” Ph.D. thesis, University of Nottingham, 2013
Legal Documents
African Charter on Human and Peoples Rights, 1981.
Bangkok Principles on the Status and Treatment of Refugees, Asian-African Legal Consultative Organization, 2001
Cartagena Declaration on Refugees, Colloquium on the International Protection of Refugees in Central America, Mexico and Panama, 1984.
Convention Relating to the Status of Refugees, 1951.
Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 1949.
United Nations Human Rights Committee, General Comment No. 6: Article 5 (Right to Life), 30 April 1982.
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 2009.
International Covenant on Civil and Political Rights, 1966.
International Labour Organization Convention No. 97 on Migration for Employment, 1949.
International Labour Organization Convention No.143 on Migrant Workers, 1975.
Organization of African Unity Convention Governing the Specific Aspects of Refugee Problem in Africa, 1969.
Protocol Relating to the Status of Refugees,1967.
Economic Community of West African States, Protocol Relating to Free Movement of Persons, Residence, and Establishment, 1979.
United Nations Guiding Principles on International Displacement, 22 July, 1998.
Statute of the Office of the United Nations High Commissioner for Refugees, 1950.
Universal Declaration of Human Rights, 1948.
The Bangkok Principles on the Status and Treatment of Refugees adopted by the Asian- African League Consultative Organization in 2001.
Other Documents
United Nations. “Analytical Report of the Secretary-General on the Definition of Internally Displaced Persons”, 1992.
Alpes, Maybritt Jill and Ninna Nyberg Sorensen. "Migration Risk Campaign are Based on Wrong Assumptions", Policy Brief, Dannish Institute for International Studies, May 2015.
Boutros-Ghali, Boutros. “In Rome, Secretary-General Speaks In Support Of Displaced Persons,” United Nations Press Release SG/SM/5866 January, 1996.
Cohen, Roberta. "Protecting the Internally Displaced", World Refugee Survey, 1996, U.S. Committee for Refugees , Washington, D.C., 1997.
European Commission. The European Union Emergency Trust Fund For Stability And Addressing The Root Causes Of Irregular Migration And Displaced Persons In Africa, Action Document for the implementation of the North Africa Window T05 - EUTF-NOA-LY-06, 12 November 2020.
North Africa Mixed Migration Hub. Survey Snapshot: Italy, December 2016.
International Federation of Red Cross and Red Crescent Societies. “Policy on Migration,” 2009.
International Organization for Migration. “Glossary on Migration”, in International Migration Law, Vol.25, 2011.
International Organization for Migration. “IOM Libya Needs and Activities Three Year Plan 2019 – 2021. ”January 2019.
International Organization For Migration. “World Migration Report 2020”, Geneva, 2019.
Office of the High Commissioner of Human Rights. "Recommended Principles and Guidelines on Human Rights at International Borders" Geneva, 2014.
Office of the United Nations High Commissioner for Human Rights, and United Nations Support Mission in Libya. Detained and Humanized: Report on Human Rights Abuses Against Migrants in Libya, 2016.
United Nations. “United Nations Demographic Yearbook 2017,” Demographic and Social Statistics, Department of Economic and Social Affairs Population Division, New York, 2018.
United Nations High Commissioner for Refugees." Chairman’s Summary: Inaugural Meeting of the Forum, 27 June 2003.
United Nations High Commissioner for Refugees. Guiding Principles on International Displacement, 22 July 1998.
United Nations High Commission For Refugees. Global Trends in Forced Displacement, Statistics and Demographics Section UNHCR, Copenhagen, 2019.
United Nations High Commission For Refugees. “The State of the World’s Refugees: A Humanitarian Agenda” (Oxford: Oxford University Press, New York, 1997.
Case Law
Advisory Opinion OC-9/87, Judicial Guarantees in State of Emergency, Inter- American Court of Human Rights, 6 October 1987
Website Content
International Organization for Migration, OM, EU Train Libyan Mediterranean Migrant Rescuers, 1 June 2017 https://www.iom.int/news/iom-eu-train-libyan-mediterranean-migrant-rescuers
International Organization for Migration Office in Belarus, “Movement,” https://iom.by/en/activities/movements
Derek, Jinks. " International Human Rights Law in Times of Armed Conflicts." In The Oxford Handbook On International Law in Armed Conflict, edited by Andrew Clapham and Paola Gaeta. Oxford: Oxford University Press, 2014.
Oppenheim, L., International Law: Treaties, London: Longmans, Green & Co, Vol. 11, 1952.
Römhild, Regina, et.al, “The border as research space: Potentials of historical and contemporary border narratives for a better understanding and addressing of migration.” In Yearbook Migration and Society 2020/2021, edited by Hans Karl Peterlini and Jasmin Donlic, Wetzlar: Majuskel Medienproduktion GmbH, 2021.
Starke, J. G." Introduction to International Law", London: Buttersworths, Ninth Edition., 1984.
Journal Article
Gieseken, Helen Obregón. "The protection of migrants under international humanitarian law." International Review of the Red Cross 99, no. 904 (2017): 121-152. https://doi.org/10.1017/S1816383118000103
Galos, Eliza, Harry Cook and Laura Bartolini. " Migrant's Vulnerability to Human Trafficking and Exploitation in the Irregular Migration Context of the Mediterranean Routes". Migration Policy Practice VII, No. 2 (2017): 34-37.
Higgins, Rosalyn. "Derogations under Human Rights Treaties". British Yearbook of International Law. 48, No.1 (1976): 281-319, https://doi.org/10.1093/bybil/48,1.281
Kok, Pieter. "The Definition of Migration and it's Application: Making Sense of Recent South African Census and Survey Data," South African Journal of Demography 7 No.1 (1999): 19-30
Martin, Philip, Susan Martin, and Sarah Cross. "High-level Dialogue on Migration and Development. International Migration 45, No.1 (2007): 7-25. https://doi.org/10.111/i.1468-2435,2007.00394.x
Uche, Nnawulezi and Adeuti Bosede. “Expanding the Frontiers of the Right to Work through Migration: An Evolving Regime,” Brawijaya Law Journal 8, No.1 (2021): 1-14. http://dx.doi.org/10.21776/ub.blj.2021.008.01.01
Thesis or Dissertation
Stock, Inka. “Transit to nowhere: how Sub Saharan African migrants in Morocco confront life in forced immobility.” Ph.D. thesis, University of Nottingham, 2013
Legal Documents
African Charter on Human and Peoples Rights, 1981.
Bangkok Principles on the Status and Treatment of Refugees, Asian-African Legal Consultative Organization, 2001
Cartagena Declaration on Refugees, Colloquium on the International Protection of Refugees in Central America, Mexico and Panama, 1984.
Convention Relating to the Status of Refugees, 1951.
Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 1949.
United Nations Human Rights Committee, General Comment No. 6: Article 5 (Right to Life), 30 April 1982.
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 2009.
International Covenant on Civil and Political Rights, 1966.
International Labour Organization Convention No. 97 on Migration for Employment, 1949.
International Labour Organization Convention No.143 on Migrant Workers, 1975.
Organization of African Unity Convention Governing the Specific Aspects of Refugee Problem in Africa, 1969.
Protocol Relating to the Status of Refugees,1967.
Economic Community of West African States, Protocol Relating to Free Movement of Persons, Residence, and Establishment, 1979.
United Nations Guiding Principles on International Displacement, 22 July, 1998.
Statute of the Office of the United Nations High Commissioner for Refugees, 1950.
Universal Declaration of Human Rights, 1948.
The Bangkok Principles on the Status and Treatment of Refugees adopted by the Asian- African League Consultative Organization in 2001.
Other Documents
United Nations. “Analytical Report of the Secretary-General on the Definition of Internally Displaced Persons”, 1992.
Alpes, Maybritt Jill and Ninna Nyberg Sorensen. "Migration Risk Campaign are Based on Wrong Assumptions", Policy Brief, Dannish Institute for International Studies, May 2015.
Boutros-Ghali, Boutros. “In Rome, Secretary-General Speaks In Support Of Displaced Persons,” United Nations Press Release SG/SM/5866 January, 1996.
Cohen, Roberta. "Protecting the Internally Displaced", World Refugee Survey, 1996, U.S. Committee for Refugees , Washington, D.C., 1997.
European Commission. The European Union Emergency Trust Fund For Stability And Addressing The Root Causes Of Irregular Migration And Displaced Persons In Africa, Action Document for the implementation of the North Africa Window T05 - EUTF-NOA-LY-06, 12 November 2020.
North Africa Mixed Migration Hub. Survey Snapshot: Italy, December 2016.
International Federation of Red Cross and Red Crescent Societies. “Policy on Migration,” 2009.
International Organization for Migration. “Glossary on Migration”, in International Migration Law, Vol.25, 2011.
International Organization for Migration. “IOM Libya Needs and Activities Three Year Plan 2019 – 2021. ”January 2019.
International Organization For Migration. “World Migration Report 2020”, Geneva, 2019.
Office of the High Commissioner of Human Rights. "Recommended Principles and Guidelines on Human Rights at International Borders" Geneva, 2014.
Office of the United Nations High Commissioner for Human Rights, and United Nations Support Mission in Libya. Detained and Humanized: Report on Human Rights Abuses Against Migrants in Libya, 2016.
United Nations. “United Nations Demographic Yearbook 2017,” Demographic and Social Statistics, Department of Economic and Social Affairs Population Division, New York, 2018.
United Nations High Commissioner for Refugees." Chairman’s Summary: Inaugural Meeting of the Forum, 27 June 2003.
United Nations High Commissioner for Refugees. Guiding Principles on International Displacement, 22 July 1998.
United Nations High Commission For Refugees. Global Trends in Forced Displacement, Statistics and Demographics Section UNHCR, Copenhagen, 2019.
United Nations High Commission For Refugees. “The State of the World’s Refugees: A Humanitarian Agenda” (Oxford: Oxford University Press, New York, 1997.
Case Law
Advisory Opinion OC-9/87, Judicial Guarantees in State of Emergency, Inter- American Court of Human Rights, 6 October 1987
Website Content
International Organization for Migration, OM, EU Train Libyan Mediterranean Migrant Rescuers, 1 June 2017 https://www.iom.int/news/iom-eu-train-libyan-mediterranean-migrant-rescuers
International Organization for Migration Office in Belarus, “Movement,” https://iom.by/en/activities/movements
Published
2021-07-31
How to Cite
UCHE, Nnawulezi; BOSEDE REMILEKUN, Adeuti.
Human Rights of Migrants: From Desert Migration to Resettlement.
Udayana Journal of Law and Culture, [S.l.], v. 5, n. 2, p. 153-171, july 2021.
ISSN 2549-0680.
Available at: <https://ojs.unud.ac.id/index.php/ujlc/article/view/72411>. Date accessed: 17 nov. 2024.
doi: https://doi.org/10.24843/UJLC.2021.v05.i02.p04.
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