Transcript Protection of Stranded Migrants

Protection of stranded migrants
Daniel Redondo – Training / Project Officer
IML Unit-IOM Geneva
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Objectives
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Concept of stranded migrants
Some examples
Protection at the international level
Conclusions
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• How would you feel if you were locked in a
room without possibilities to return home?
• How would you feel if you had the
opportunity to leave, but you were not
admitted in your own house?
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Concept of stranded
migrants
• No internationally recognized definition
• Different from a Stateless person:
– “A person who is not considered as a national
by any State under the operation of its law”
Art 1. UN Convention relating to the status
of stateless persons, 1954
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Other differences between
stranded and stateless
• Similarities: both are individuals in need
of international protection
• Differences: stranded do not enjoy of an
international recognition.
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How does one become
“stranded”?
• Irregular migrant in a State,
• During times of war or humanitarian crisis
and cannot return home,
• While in transit to another State
• Other
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• Migrants find themselves legally
“stranded”, given that they cannot or are
unable to remain lawfully in the country in
which they are physically staying, or
cannot be moved to another country or
return to their home country.
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Examples
• The complex legal and political factors underlying the case of some
50,000 Mauritanians who were declared stateless in 1989 and
expelled many to Senegal. They have since remained there, initially
as refugees, and later with an indeterminate status while they await
active steps by the Mauritanian authorities to restore their citizenship
and ensure their safe return.
• Nationals of west and east African countries arrived in Central
American countries since 2009, many were originally in transit
towards the United States, however they ended up stranded in
different countries such as Costa Rica, Nicaragua and Panama
without possibilities in the short term to return.
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• In a vast majority, the problem is that their
nationality is not effective in enabling them to
return home or in giving them diplomatic
protection and assistance, while they are
abroad.
• Stranded migrants find themselves without
protection from their country of nationality and
without international protection (although we
have studied States are obliged to protect and
recognized their nationals).
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Challenges
• There are no numbers (population remains in the
shadow)
• Difficulties to identify them, lack of awareness on the
topic
• Lack of international protection by States, therefore the
international community is called to act upon. Some
States refused to accept their nationals back.
• Realities stranded migrants faced on a daily basis
• Many end up requesting asylum, in some cases as they
need to, in some other cases just to prolong their stay.
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Challenges
• Many are held in detention for long periods (even years). Some
countries allow prolonged or indefinite detention in their legislation.
• Stigma and discrimination against some of them, perceived as
“unremovables” or “lifers” denying their humanity.
• Some received a removal order, which is most cases is inapplicable
due to the complexity of the cases.
• Some are leaving poverty or conflicts behind
• Infective protection by country of nationality or lack of a timely
response of consular and diplomatic authorities to support their own
nationals
• Migration might take up years and they could be stranded over the
same period of time
• In practice some face indefinite detention, including women and
children
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Special needs
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Children
Women
Victims of trafficking
Other potentially vulnerable groups
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States` duties
• Human rights Committee (monitoring ICCPR):
“The enjoyment of ICCPR rights “is not limited to citizens
of State parties but must also be available to all
individuals regardless of nationality or statelessness
such as asylum-seekers, refugees, migrant workers and
other persons, who may find themselves in the territory
or subject to the jurisdiction of the State party”.
• Other rights recognized in the core human rights
instruments and principles of international law
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• Some current mechanisms to address this
issue;
– Through readmission agreements
– Voluntary return
– Commitment of States and of the international
community
• Always limited by non-refoulement
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Conclusions
• No international legal framework nor an
internationally recognized definition in spite of
the many cases of stranded migrants
• Lack of information/data on the status
• Need for States and individuals to take actions
to provide solutions, either through voluntary
returns or protection at the State level.
• Migration should be considered from human
rights based approach, and less from a securitybased approach
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