1. François Crépeau - CCR Conference Toronto 2006 1 Global perspectives on migrant interdiction François Crépeau Canada Research Chair in International Migration Law University of Montreal

2. François Crépeau - CCR Conference Toronto 2006 2 Historical Context Mid-eighties: Mid-eighties: Rise in asylum claims Rise in asylum claims Sharp reduction of immigration (oil crisis) Sharp reduction of immigration (oil crisis) Europe: immigration becomes a political issue Europe: immigration becomes a political issue States react: States react: Reform of refugee determination Reform of refugee determination Security agencies given new mandate Security agencies given new mandate Objective: reducing the numbers Objective: reducing the numbers

3. François Crépeau - CCR Conference Toronto 2006 3 Nineties: Nineties: Fortress Europe Fortress Europe Migrant smuggling (in its many forms) becomes the norm rather than the exception Migrant smuggling (in its many forms) becomes the norm rather than the exception States make irregular migration part of international criminality States make irregular migration part of international criminality The irregular migrant becomes a dangerous character in the government and media discourse The irregular migrant becomes a dangerous character in the government and media discourse

4. François Crépeau - CCR Conference Toronto 2006 4 Deterrence measures Faster refugee determination Faster refugee determination Elimination of appeals: credibility issue + RAD Elimination of appeals: credibility issue + RAD Restricted access to labour market Restricted access to labour market Reduced legal aid and social protection Reduced legal aid and social protection Increased detention Increased detention Criminalization of all help to irregular migration Criminalization of all help to irregular migration Excessive penalties for migrant smuggling Excessive penalties for migrant smuggling Safe third country agreements Safe third country agreements

5. François Crépeau - CCR Conference Toronto 2006 5 Deterrence measures are insufficient Deterrence measures are insufficient Migration pressure remains Migration pressure remains Human rights protection in democracies mean that authorities cannot do whatever they want with irregular migrants Human rights protection in democracies mean that authorities cannot do whatever they want with irregular migrants Some deplore that: Geoffrey Simpson Some deplore that: Geoffrey Simpson Some defend that: lawyers in courts Some defend that: lawyers in courts Public opinion is probably on side with the authorities Public opinion is probably on side with the authorities

6. François Crépeau - CCR Conference Toronto 2006 6 Preventive measures Visa regimes Visa regimes Carrier sanctions Carrier sanctions Training of border personnel Training of border personnel Interception mechanisms en route Interception mechanisms en route Immigration intelligence Immigration intelligence Personal information databases and exchanges Personal information databases and exchanges Conditionalities on international economic cooperation Conditionalities on international economic cooperation Militarization of borders and seas Militarization of borders and seas Externalization of asylum protection Externalization of asylum protection Rejection of international human rights law Rejection of international human rights law

7. François Crépeau - CCR Conference Toronto 2006 7 The agenda of securitising migration Migration as part of a new international security paradigm Migration as part of a new international security paradigm Migration controls are now part of the phenomenon of “securization of the public space” Migration controls are now part of the phenomenon of “securization of the public space” The security paradigm leads to The security paradigm leads to New administrative structures New administrative structures Policy developments Policy developments Increased international cooperation Increased international cooperation Discriminatory practices that remain unchecked Discriminatory practices that remain unchecked

8. François Crépeau - CCR Conference Toronto 2006 8 Human rights paradigm must prevail over the security paradigm. Human rights paradigm must prevail over the security paradigm. The judiciary is our last resort, as it has been for women, detainees, Aboriginals, gays and lesbians, etc. The judiciary is our last resort, as it has been for women, detainees, Aboriginals, gays and lesbians, etc.