Short Reflection on Migrants’ Protection

Abdoulaye Nazaire Gnienhoun

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Short Reflection on Migrants’ Protection There is no doubt that we are surrounded by many challenges: Climate change, war, disasters, etc. Among these challenges, I am of the opinion that the question of migrants is one of the big problematic we have to face. In the latest world migrant report 2010 (The future of migration: building capacities ...

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• Publié par: GNIENHOUN
• Publié le: 18 décembre 2011
• Nombre de lectures: 95
• Langue: English

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Short Reflection on Migrants Protection  There is no doubt that we are surrounded by many challenges: Climate change, war, disasters, etc. Among these challenges, I am of the opinion that the question of migrants is one of the big problematic we have to face.  In the latest world migrant report 2010 (future of migration: building capacities for changeThe ) it is noted that the number of migrants today have grown to 214 millions. It is obvious that immigration have a positive impact on many sides. But it is also well known that migrants have to deal with many difficulties due to their delicate condition. It is a fact of actuality for example that many irregular migrants are often, expulsed. In general, those inside a given country are faced to many others difficult realities. Therefore, the question of migrants rights, the protection and the defense of their rights, becomes a fundamental priority for states, institutions, and civil society.  In this short reflection I will focus on some legal guaranties of protection of migrants rights offered at the international level. In other words, I will mention some international legal tools of protection of migrants.  The protection of migrants has been soon a serious preoccupation of the international community. It can be mentioned many declarations, conventions and others legal tools that protect migrants especially or only because they belong to the big human family.  First of all, we can consider the Universal Declaration of Humans Rights as basic when we talk about migrants rights. In fact, this Declaration that has been adopted in the 10 December 1948 mentions clearly thatAll human beings are born free and equal in dignity and rights (art 1) and therefore Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty(art 2)  The Covenant on civil and political rights and the Covenant on economic, social and cultural rights both of 1966 constitute also an important source of rights that can be invoked in the just way of the defense of migrants rights.  I consider particularly the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990 as a fundamental legal tool for migrants protections with his Committee on Migrants Worker and their families.  Lets underline that The International Labor Organization has produced many important declarations which served the migrants cause. In this regard, we can mention the ILO Declaration on fundamental principle and rights at work of 1998 and the ILO declaration on social justice a fair globalization of 2008.  The existence of these legal tools and principles is a guarantee. Their application and their effectiveness in the migrants life, depend obviously on political willing but above all, on our capacities as civil society actors to invoke them at any moment to inform, to educate, to promote and to protect migrants rights and to help them defending their own rights. In this way, I think that Justice without Border Migrants is having a useful and noble mission.   GNIENHOUN Abdoulaye Nazaire