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NGO Background paper on the Refugee and Migration Interface

Co-authored by Human Rights Watch, International Catholic Migration Committee, and the World Council of Churches, and in consultation with other NGOs.

Presented to the UNHCR Global Consultations on International Protection
Geneva, 28 - 29 June, 2001 , Revised Final Version (29 June 2001)


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This paper presents the views of several NGOs on the asylum migration interface. We believe that the Global Consultations on International Protection should be used to:

· further the international human rights and protection of migrants, asylum seekers and refugees
· reaffirm the centrality of the 1951 Refugee Convention and 1967 Protocol and the institution of asylum
· promote a positive migration system that acknowledges the contribution that migrants and refugees make to communities and upholds their rights.

We are concerned by the heavy emphasis in the paper prepared by the International Organization on Migration and UNHCR for the Global Consultations discussion on the asylum/ migration interface on migration control mechanisms, rather than protection strategies for refugees and migrants alike, from an international human rights perspective. In addition, we would welcome the inclusion of the Office of the High Commissioner for Human Rights, and in particular the Special Rapporteur on the Human Rights of Migrants, in any discussion on the rights of refugees, asylum seekers, and migrants.

Why Are People Moving?

According to the IOM's 2000 World Migration Report, 150 million international migrants were living outside their countries of birth last year. The report states that: "They came to their new countries to work, study, join family members, or escape persecution or violence in their home countries."

There are several key factors that drive people to move. These include:

· The growing inequalities in wealth between and within countries
· War, conflict and systemic persecution, discrimination and violence
· Environmental natural and man-made disasters and lack of access to natural resources
· Family reunification and joining diaspora communities
· Search for better economic prospects

Sometimes the motivations for migration are mixed. In countries like Afghanistan, Somalia, Iraq, Burma and Turkey, people have fled from situations of economic and social deprivation and discrimination, as well as abuses of their civil and political rights. Distinguishing between motivating factors for migration and flight can be very difficult in such cases. This Global Consultation discussion should focus on those groups who fall outside conventional migration/ refugee categories.

Over the past decades the nature and context of migration has changed. This is due to several factors including:

· Changes in geo-political alliances in the context of the post Cold War era
· Globalisation
· Increasing access to global communication and travel

While the cornerstone of globalisation has been the increased international flow of trade, capital, information, and services, the right to freedom of movement for many people - especially poor migrants, refugees and asylum seekers - has been severely curtailed. Governments in both the North and South have become more active in trying to limit the movement of people into their territories. But in spite of governmental efforts to control migration, international migration - particularly irregular migration --continues to rise. Indications are that in our globalising world, the pressures for migration will further increase in the years to come.

People leaving their home countries because of violations of their economic and social rights have generally not been granted the same level of protection as those fleeing violations of their civil and political rights. The denial of civil and political rights is considered as a "violation", while the denial of economic and social rights is generally viewed as an "injustice:" 1 It is important to recognize however that under the 1951 Refugee Convention, persons fleeing violations of their economic, social and cultural rights (for a Convention reason) are entitled to be recognized as refugees, where that treatment amounts to persecution.

Until the international community is prepared to tackle the fundamental causes of violence and inequality, migration will continue.

The conference room paper prepared by UNHCR and IOM for the Global Consultations discussion on the asylum/ migration interface, does not give sufficient recognition to the complex factors that cause the flight of migrants and refugees, or to the need to address root causes as part of a positive and comprehensive strategy to protect the rights of migrants and refugees.


1 See, "Composite Flows and the Relationship to Refugee Outflows, including Return of persons not in need of international protection, as well as facilitation of return in its global dimension," in UNHCR Standing Committee, 12th meeting: (EC/48/SC/CRP.29).



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Contents

Introduction

Why Are People Moving?

All refugees and migrants have rights

Asylum seekers and migrants: the "grey areas"

Trafficking in persons and smuggling of migrants

Detention of asylum seekers and migrants

Interception and refugee protection safeguards

The return of persons not in need of international protection

Information activities

Recommendations

Action group on asylum and migration


Press Releases
Reports
Backgrounders
Commentary
Editorials

Refugee Voices
Related Links
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