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