Initial research findings and summary of round table
What protection regime exists for irregular migrants? To what extent are the rights of migrants who cannot be categorised as either refugees or regular migrants upheld? Where are the gaps when comparing international with domestic protection frameworks?
The Mixed Migration Platform (MMP) hosted a private roundtable on 28 September 2017 to share initial findings of a study designed to address these questions. Its specific objectives were to:
Analyse the relevance of global principles and guidelines on protecting migrants in vulnerable situations in Jordan and Lebanon
Contribute to ongoing discussions around non-binding principles on protecting migrants in vulnerable situations at the global, regional and national levels
Inform alternative initiatives that seek to protect the human rights of migrants in vulnerable situations
This paper shares the findings of our upcoming research on existing international protection frameworks for the human rights of migrants in vulnerable situations, and how these are adhered to (or otherwise) at the country level in Jordan and Lebanon. Led by INTERSOS, the research investigates two key areas of rights for people on the move – decent work and human rightsbased returns.
Background to the MMP research study
The research began with a broad secondary review of existing frameworks seeking to promote the protection of vulnerable migrants. This was complemented by primary data collection in the two case study countries, Jordan and Lebanon, through semi-structured Key Informant Interviews (KIIs) with relevant policy makers, humanitarian workers and research institutes from August to September 2017.
Background to the Global Migration Group/OHCHR principles
In 2016, the Global Migration Group (GMG) commissioned OHCHR to draft non-binding principles and guidelines on the human rights protection of migrants in vulnerable situations. The document has gone through several drafts and is nearing finalisation. “The framework attempts to provide guidance to states and other stakeholders on how to implement obligations and duties to respect, protect and fulfil the rights of those persons who are moving in vulnerable situations within large and/or mixed movements who might not fulfil the conditions of the refugee definition”, according to OHCHR.
The framework was designed with the successes and shortcomings of previous non-binding frameworks designed by OHCHR, and the UN member state uptake of such frameworks, taken into consideration. These include the recent OHCHR principles and guidelines on human rights at international borders designed primarily to protect and respect the rights of refugees and other migrants by using exclusively a human rights approach. Much like the draft GMG/OHCHR guidelines on the human rights protection of migrants in vulnerable situations, this document is comprised of a compilation of existing normative frameworks and conventions that are in place to protect the rights of those crossing borders. The principles and guidelines do not sufficiently reference these conventions in the document, however, which led to reservations on the part of states (some of whom felt they were being pushed into the adoption of new legal instruments).
To avoid a repetition of this reticence to welcome a new framework, the GMG-commissioned principles and guidelines do clearly reference the existing legal basis upon which they are established.