14-16 June 2011, New York, USA. The UNITAR New York Office held a three-day course on International Migration Law, from 14 to 16 June 2011. This course formed part of the 2011 Migration and Development Seminar Series and was jointly organized with the International Organization for Migration (IOM), the United Nations Population Fund (UNFPA), and the MacArthur Foundation.
This programme aimed to inform the diplomatic community in New York and other relevant stakeholders of the latest issues on: international migration law; migration terminology; human rights of migrants; and, responsibilities of states operating within the rule of law. The course provided an opportunity to better understand the international legal frameworks including international labour laws and protection of non-nationals, irregular migration, laws of the sea, and international refugee law.
For the benefit of migrants as well as both origin and destination countries, it is fundamental to ensure the humane and orderly management of migration. Mr. Daniel Redondo, Training and Project Officer at IOM, defined the basic, yet, significant terminology that is relevant to the issue of international migration law. Such terminology included the definitions of stateless people, refugees, migrant workers, trafficking and smuggling in people, illegal entry and non-compliance with state rules, and stateless people. These definitions laid the foundation for the relevant norms and tools that regulate migration at the regional, national, and international levels. Mr. Redondo further explained that there are 2416 instruments containing relevant texts such as international conventions, regional and bilateral treaties, resolutions and declarations of international and regional bodies, and national legislation under the framework of international migration law.
Ms. Kristina Touzenis, Head of the International Migration Law Unit at IOM, explained the significance of human rights of migrants, irregular migration, and the international legal framework of trafficking and smuggling of migrants. In her presentation, she made a distinct division of ICCPR and ICESCR and explained that there is no hierarchy of rights – but that rights need to be balanced against each other. Ms. Touzenis proceeded to describe the crucial role of human rights treaty bodies that monitor and consider periodic reports. Moreover, she discussed the following three problematic areas of international migration law: principle of equality and non-discrimination; irregular migration; and, economic and social rights or migrants.
Ms. Vita Onwuasoanya, Associate Law of the Sea/Ocean Affairs Officer, delved into explaining the laws of the sea and migration. The presentation explained in-depth the rescue of persons in distress at sea, covering sub-topics such as: trafficking and smuggling by sea, interception at sea, and stowaways. Moreover, Ms. Onwuasoanya spoke about the sovereignty of a coastal state, passage through the territorial sea, and duties of the flag state in ensuring safety at sea.
Overall, the participants praised the course as very useful and relevant for their work. One of the participants concluded: “It was a very interesting and amazing experience. It was knowledgeable and worthwhile. The course is indeed very useful to diplomats’ especially consular offices.”