Seminar-Workshop on Human Rights of Migrant Populations Tegucigalpa, 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 Respect Protect Guarantee 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 trafficking 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