Migration - Immigration - Refugee and Asylum Law
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The document discusses migration, immigration, and asylum laws, emphasizing definitions and reasons for migration, including economic and humanitarian factors. It outlines the legal frameworks in India and international human rights laws protecting migrants and refugees. Furthermore, it covers the roles of various conventions and treaties aimed at safeguarding human rights and regulating armed conflict.
Migration - Immigration - Refugee and Asylum Law
- 1. Migration – Immigration Refugee – Asylum Law Prashant Ajmera, Advocate
- 2. Introduction What is … • Immigration • Migration • Refugee and • Asylum
- 3. Who is a migrant? • The UN Migration Agency (IOM) defines a migrant as any person who is moving or has moved across an international border or within a State away from his/her habitual place of residence, regardless of - (1) the person’s legal status; (2) whether the movement is voluntary or involuntary; (3) what the causes for the movement are; or (4) what the length of the stay is.
- 4. Why Migrate? • Voluntarily • Economic benefit • Quality of life • Good education • Expansion of Business • NRI Status • Involuntarily • War • Civil War • Dictatorship • Natural Calamity • Political Reason
- 5. Migration Law in India • Why? • Migration Act 1983 • Migration Act 2019
- 6. • “A record shortage of labor seen within a decade” – The office of the Superintendent of Financial Institute (www.osfi-bsif.gc.ca) • “The work force must expand and invest in skills or future economic growth is threatened” – Organization of Economic Cooperation and Development, 17th September 2003 • “Aging population and the work force – challenges for employers” - C.D. Howe Institute. ” • “Immigrants (foreign workers) could count for virtually all labor force growth by 2011” – Statistic Canada (www.statcan.ca) • “The shortage of skilled trade needs special attention, attitudes and system needs to change” – Conference Board of Canada, October 2002 (www.conferenceboard.ca) • “Immigration is the New Year’s wish for growing Canada’s labour force” – Canadian Labour and Business Development Center, 30th December 2003 (www.clbc.ca) Why immigration ?
- 7. Permanent Immigration Temporary Visa Family Class Economic Class Refugee Class Marriage Parents Children Siblings - Skilled - Investors - Entrepreneur - Self employed Refugee Asylum Work permits NOT required WP required, HRDC not required WP & HRDC required Visitor Student Work-Permit Immigration Law Framework
- 8. Why Refugee – Asylum Law ? • To protect the basic human rights of civilian and combatants • Right to movement • Right to freedom of speech • Right to religion
- 9. Who is a Refugee? • Convention Refugee Definition: An individual defined in the 1951 UN refugee treaty as having a well-founded fear that, were he or she to return to their country of origin, he or she would suffer persecution. Refugee status or asylum may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion.
- 10. What is Asylum? Asylum, in international law, the protection granted by a state to a foreign citizen against his own state. The person for whom asylum is established has no legal right to demand it, and the sheltering state has no obligation to grant it.
- 11. International Human Rights & Human Rights Law International Human Rights Human Rights Law 1. No discrimination based on race, color, sex or religion 2. Right to life 3. No Torture 4. No cruel treatment 5. No humiliating or degrading treatment 6. No slavery 7. On retroactive application of law
- 12. Human Rights • French Declaration of the Rights of Man and of the Citizen of 1789 • American Bill of Rights 1971
- 13. Principal Instrument of Human Rights • 1926 Slavery Convention concerning Forced or compulsory Labor • 1948 Universal Declaration of Human Rights • 1948 Convention on the Prevention & Punishment of the Crime of Genocide • 1950 European Convention for the Protection of Human Rights & Fundamental freedoms • 1965 International Convention on the elimination of All forms of Racial Discrimination
- 14. Principal Instrument of Human Rights • 1966 International Convention on Social Economic and Cultural Rights • 1969 American Convention on Human Rights • 1979 Convention on Elimination of all forms Discrimination Against Woman • 1981 African Charter of Human and people’s right • 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment • 1989 Convention on the Rights of the Child
- 15. Human Rights Implementation • European Court of Human Rights – Judicial • Inter-American Court of Human Rights – Judicial • United Nations Human Rights committees – Quasi-Judicial • African Commission on Human Rights & Peoples Rights -Quasi-Judicial • UN Commission on Human Rights – Reporting
- 16. International Humanitarian Law By Treaty or custom – Restriction on use of violence in armed conflict in order to:- • To set limits on methods and means of warfare • Protecting civilians • Balance between military necessity and Human Rights
- 17. Principal Instrument of IHL 1868 Deceleration of St. Petersburg 1899 & 1907 Hague Convections 1949 Geneva Convention 1954 Convention for the Protection of Cultural property 1977 Additional Protocol of Geneva Convention 1980 Convention on certain Conventional weapons 1993 Convention on Chemical Weapons 1995 Protocol on Chemical Weapons 1977 Convention on Anti-Personal Mines 1998 Statue of the International Criminal Court 2000 Optional Protocol – Right of children in Armed Conflict 2005 Additional Protocol III to the Geneva Convection 2008 Convention on Cluster Munitions
- 18. Thank you Q & A