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Irregular Migration, Human Smuggling and Human Rights

Irregular Migration, Human Smuggling and Human Rights

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Migration policies across the world are driven by three core concerns: law and border enforcement, economic interest, and protection. This report argues that official policies are failing partly because one of these concerns, protection, has been marginalised. Intensified efforts to suppress migration have not deterred people from seeking security or opportunity abroad but drive many into clandestinity, while the promotion of open economic markets has attracted
millions of people to centres of prosperity but tolerated widespread exploitation.
As a political consequence, discussion of migration is widely polarised and distorted by xenophobia and racism.

The report suggests that it is in governments’ interest to affirm their legal and moral responsibility to protect everyone, including migrants. Human rights law provides a baseline of essential protection for migrants, and also some key
components of a more balanced and rational policy approach. A substantial appendix summarises the rights of irregular migrants in international law.

“Irregular migration is a hot topic in a large number of states ...and the debate is often ill-conceived, misinformed and jingoistic. It is essential that it be reframed on the basis of fact and law. The report makes a very useful contribution to that.”
Chris Sidoti, Human Rights Council of Australia

“We welcome the emphasis on protection of rights not just in terms of a legal framework, but also as sound policy that is in the interest of society as a whole.”
Open Society Institute (OSI)

“This report is an extremely useful compilation of relevant migrant rights legislation for civil society organisations. It provides very good conceptual and legal analysis and training material.”
Global Alliance Against Traffic in Women (GAATW)
Migration policies across the world are driven by three core concerns: law and border enforcement, economic interest, and protection. This report argues that official policies are failing partly because one of these concerns, protection, has been marginalised. Intensified efforts to suppress migration have not deterred people from seeking security or opportunity abroad but drive many into clandestinity, while the promotion of open economic markets has attracted
millions of people to centres of prosperity but tolerated widespread exploitation.
As a political consequence, discussion of migration is widely polarised and distorted by xenophobia and racism.

The report suggests that it is in governments’ interest to affirm their legal and moral responsibility to protect everyone, including migrants. Human rights law provides a baseline of essential protection for migrants, and also some key
components of a more balanced and rational policy approach. A substantial appendix summarises the rights of irregular migrants in international law.

“Irregular migration is a hot topic in a large number of states ...and the debate is often ill-conceived, misinformed and jingoistic. It is essential that it be reframed on the basis of fact and law. The report makes a very useful contribution to that.”
Chris Sidoti, Human Rights Council of Australia

“We welcome the emphasis on protection of rights not just in terms of a legal framework, but also as sound policy that is in the interest of society as a whole.”
Open Society Institute (OSI)

“This report is an extremely useful compilation of relevant migrant rights legislation for civil society organisations. It provides very good conceptual and legal analysis and training material.”
Global Alliance Against Traffic in Women (GAATW)

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Categories:Types, Research, Law
Published by: International Council on Human Rights Policy on Aug 09, 2011
Copyright:Attribution Non-commercial

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06/11/2013

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Irrar Mirati,Mirat Smia Hma Rihts:Tars Chrc
 
 AbouT THe CounCIl
The International Council on Human Rights Policy was established in Geneva in1998 to conduct applied research into current human rights issues. Its researchis designed to be o practical relevance to policy-makers in international andregional organisations, in governments and inter-governmental agencies, andin voluntary organisations o all kinds. The Council is independent, internationalin its membership, and participatory in its approach. It is registered as a non-prot oundation under Swiss law.
Cover illustration
© Danishkhanwww.iStockphoto.comRally crowd in impressionist style
M
eMbers
 
of
 
the
 
international
 
council
Fouad Abdelmoumni (Morocco) Juan Mendèz (Argentina)Ghanim Al-Najjar (Kuwait) Chidi Anselm Odinkalu (Nigeria)Lydia Alpízar Durán (Costa Rica) Devendra Raj Panday (Nepal)Fateh Azzam* (Palestine) Jelena Pejic (Serbia)Maggie Beirne* (United Kingdom) Emma Playair* (United Kingdom)Cynthia Brown (United States) Usha Ramanathan (India)Roberta Clarke (Trinidad & Tobago) Roger Raupp Rios (Brazil)Lyse Doucet (Canada) Marco Sassoli* (Switzerland)Imrana Jalal* (Fiji) Wilder Tayler* (Uruguay)Hina Jilani* (Pakistan) – Chair
*
Board Member 
 
Irrar Mirati, Mirat Smia Hma Rihts: Tars Chrc

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