REFUGEE RIGHTS AND THE UN PROTOCOLS ON HUMAN TRAFFICKING AND SMUGGLING

Yıl 2019, Cilt: 3 Sayı: 1, 11 - 32, 21.07.2019

Olawale Lawal

Öz

The UN protocols on human trafficking and
smuggling nitpick from the international protection which refugee conventions
have offered to asylum-seekers. This, however, is anathema to the general
appellate position of international law in matters of human rights violations.
The Protocol's primary goal is to achieve border control rights for states and
also promote, in some way, the human rights of migrants, but it has loopholes
which are exploited by states outside the context of its intent. States often
deny international protection to refugees using procedures that pronominally
encourage the closure of the border to all levels of migrants. This work
contends that in the process of assisting states migration policies, the
protocols encroach on international protection regimes which often do not query
the means to escape persecution. It brings to focus the municipal nature of
migration policy and its peril elements when only the state has a subjective
right of interpretation. The protocols, in the view of this work, appear to be
obstacles to a fair assessment of migration claims. Of particular importance
are the claims of asylum-seekers who often use the same modes of the entrance
that the human trafficking and smuggling protocols have come to criminalise.
This work maintains that states are to respect the peremptory framework of
refugee admission and consider the fact that refugees, in their bid to flee
persecution, also enlist the services of concern to the protocols. States are
enjoined to imbue within their immigration system, experts who can detect push
from pull factors. The UNHCR has to make a re-presentation to the UN to show
how rabidly border closures to smugglers also are shutting out asylum-seekers.
This work is a contextual analysis of the collateral damage which occurs in the
protection of the state's right to border control and migration policy.

Anahtar Kelimeler

Protocols on Human Trafficking and Smuggling, Asylum system, Migrations, Border Control

Kaynakça

• Ad- Hoc Committee on the Elaboration of a Convention Against Transna-tional Organised Crime, ( 21 February B 3 March 2000). Eighth Session, Vien-na.
• Alan C. and Bilefsky D. (May 30, 2017) European Agency Reports Surge in Illegal Migration, Fueling a Debate. New York Times.
• Andreas, P. (2000). Border Games. Policing the U.S.-Mexico Divide. Ith-aca: Cornell University Press.
• Anne Gallagher (2001). Human Rights and the new UN Protocols on Trafficking and Migrant Smuggling: a Preliminary Analysis, Human Rights Quarterly, Vol 23.
• Associated Press. (July 21, 2014) Migration Spotlights Mexican ‘Coyote' Smugglers, ABC News.
• Barbie Latza Nadeau. (June 5, 2018) "Confessions of a Human Trafficker Who Smuggled Desperate Migrants Into Europe," Daily Beast.
• Canadian Council for Refugees (20 February 2000). ‘Migrant Smuggling and Trafficking in Persons', available from http://www.web.net/~ccr/ traf-fick.htm (accessed April 2017).
• Dowty, A. (1987). Closed Borders. The Contemporary Assault on Free-dom of Movement. New Haven: Yale University Press.
• Dummett, A. (1992). The Transnational Migration of People Seen from within a Natural Law Tradition. In Free Movement. Ethical Issues in the Trans-national Migration of People and of Money, eds. Brian Barry and Robert E. Goodin, 169-180. New York: Harvester Wheatsheaf.
• Erica F. (2016). The Convention at 50: the Way Ahead for Refugee Pro-tection, Forced Migration Review, issue 10, 6-7.
• Goodey, Jo (2000). Keeping ‘Undesirables' at Bay: The EU's Response to Organised Crime and Its Victims. Paper presented at the American Society of Criminology meeting, San Francisco, 15-18 November 2000.
• Goodwin-Gill G., McAdam J.(2007). The refugee in international law. Oxford: Oxford University Press.
• Hathaway: J.G (2005) The rights of refugees under international law. London: CU's Cambridge.
• Koser, K. (2001). The Smuggling of Asylum Seekers into Western Europe: Contradictions, Conundrums, and Dilemmas. In Global Human Smuggling. Comparative Perspectives, eds.David Kyle and Rey Koslowski, 58-73. Balti-more: The John Hopkins University Press.
• Laczko, F. 2005. Data and Research on Human Trafficking. International Migration 43 (1-2): 6-16.
• Lawal O. (2016). The principle of non-refoulement and the challenges of refugee laws in South Africa and Nigeria. PhD Dissertation submitted at the De-partment of Political Science, University of Ibadan.
• Lawal O. (2017) When Refugee Breaks Domestic Law under the Cover of International Protection Laws. IOSR Journal Of Humanities And Social Sci-ence (IOSR- JHSS) Volume 22, Issue 7, Ver. 3 (July. 2017) ISSN: 2279-0837, p- ISSN: 2279- 0845.www.iosrjournals.org DOI: 10.9790/0837- 22007035563 www.iosrjournals.org 48 (Australia/India) P55-63
• Massey, S. and Edward-Taylor J. (2004). Back to the Future: Immigra-tion research, Immigration Policy, and Globalisation in the Twenty-first Centu-ry. In International Migration.Prospects and Policies in a Global Market, eds. Douglas S. Massey and J. Edward Taylor, 373-388. Oxford: Oxford University Press.
• Meneses, G. A. (2003) Human Rights and Undocumented Migration along the Mexican-U.S. Border. UCLA Law Review 51: 267-281.
• Pécoud, A, and Guchteneire, P. (2014). Migration, Human Rights and the United Nations: An Investigation into the Low Ratification Record of the UN Mi-grant Workers Convention. Geneva: Global Commission on International Migra-tion, Global Perspectives no. 3.
• Protocol to Prevent, Suppress and Punish Trafficking in Persons, Espe-cially Women and Children, supplementing the UN Convention against Trans-national Organized Crime, Article 3(a).
• Report of the Regional Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime. (26-28 February 2002) Bali, Indonesia, Thomas R. and Lowri A. (2005). Biometrics, International Migrants and Human Rights. Geneva: Global Commission on International Migration, Global Perspectives no. 17.
• UN Doc. A/AC.254/16, para. 20.
• UN. Doc. E/CN.4/Sub.2/2001/26, July 2001, para 25.
• Van-Selm, J. (2005). European Refugee Policy: Is There Such a Thing? New Issues in Refugee Research. Working Paper No. 115, UNHCR, Geneva, Switzerland