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Forced Migration and International Law

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Malik Masim

on 7 December 2013

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Transcript of Forced Migration and International Law

Forced Migration and International Law
Variety of
Migration Scales

Rural to Urban
Types of Migration
Internal Migration
External Migration
Population Transfer
Impelled Migration
Step Migration
Chain Migration
Return Migration
Seasonal Migration
Forced Migration
The International Organization for Migration defines forced migration as any person who migrates to "escape persecution, conflict, repression, natural and human-made disasters, ecological degradation, or other situations that endanger their lives, freedom or livelihood.
International Law
What is migration?
Human migration is movement by humans from one place to another, sometimes over long distances or in large groups for the purpose of taking up permanent or semi permanent residence. Migrations have occurred throughout human history and began from the beginning of mankind
Rift Valley in East Africa
About 1.5 million and 5000 bc Homo erectus and Homo sapiens spread initially into Europe and later into other continents. In the ancient world, Greek colonization and Roman expansion depended on migration, and outside Europe significant movements were also associated with the Mesopotamian, Inca, Indus, and Zhou empires.
Discovery of New World and Beginning of Slavery
In the 18th and 19th centuries an estimated 12 million people were forced from mainly western Africa to the New World, but also in lesser numbers across the Indian Ocean and Mediterranean.
After the collapse of slavery, indentured labour from China, India, and Japan moved in significant numbers – some 1.5 million from India alone – to continue working the plantations of the European powers.
Millions of workers from the stagnant economic regions and repressive political regimes of Northern, Southern, and Eastern Europe, not to mention those escaping the Irish famine, went to the USA from the 1850s until the Great Depression of the 1930s.
After World War II
When labour was needed to sustain booming post-war economies in Europe, North America, and Australia. This was the era when many Turkish migrants arrived to work in Germany and North Africans in France and Belgium. It was also the period when about one million Britons migrated to Australia. In this period millions of muslims and hindus moved as a result of decolonization (A partition of India in 1947) and jews and Palastinias after cretion of Israel
Khazar University, MBA, November 15, 2013
Introduction to Migration Studies

People who migrate for a variety of reasons
natural disasters, etc.
food shortage
internal conflicts, etc.
Push Factors
nicer climate
better food supply
high living standarts, etc.
Pull Factors
Person leaves a
place because of difficulties
moving into
a place because of
conflicts, etc.
religious freedom,
education, etc.
Internally Displaced Person
Migration Stream
Highly Skilled Migrants
Unskilled Migrants
Voluntary Migrants
Forced Migrants
Two Main Categories of
International Migrants
Voluntary Migrants
Forced Migrants

There are 220 millions migrants in the world
Forced Migrants
About 73 millions
of them are forced migrants
Voluntary Migrants
About 147 millions of them are voluntary migrants
Types of Forced Migration
Development-Induced Displacement
Disaster-Induced Displacement
Conflict-Induced Displacement
Refugee camp in the Democratic Republic of the Congo
Such displacement is the forcing of communities and individuals out of their homes, often also their homelands, for the purposes of economic development. It has been historically associated with the construction of dams for hydroelectric power and irrigation purposes
People who are forced to flee their homes for one or more of the following reasons and where the state authorities are unable or unwilling to protect them: armed conflict including civil war; generalized violence; and persecution on the grounds of nationality, race, religion, political opinion or social group.
Occurrence of a disaster leads to temporary or permanent displacement of population from that area. In such a scenario, migration becomes more of a survival strategy. The concept of forced migration envelopes demographic movements like flight, evacuation, displacement, and resettlement.
Middle East
Development in Gulf Zone
Forced Migration in Middle East
Jeddah, SA
Rise of the USA
World Migration Report 2010 by International Organization for Migration
Types of Forced Migrants
Asylum Seekers
Internally Displaced Persons (IDPs)
Development Displacees
Environmental And Disaster Displacees
Smuggled People
Trafficked People
A refugee is a person who is outside his or her country of origin because they have suffered persecution on account of race, religion, nationality, political opinion, or because they are a member of a persecuted 'social group' or fleeing a war. Refugees have a clear legal status and they are under protection of the UN Refugee Agency, United Nations High Commissioner for Refugees (UNHCR). A second relevant refugee organization with a more focused mandate is the United Nations Relief and Works Agency (UNRWA).
The global refugee population grew from 1975 to present time
Asylum seekers are people who have moved across an international border in search of protection under the 1951 Refugee Convention, but whose claim for refugee status has not yet been determined. As the report of 2010 there are about 358,800 asylum applications in 44 countries.
Internally displaced persons (IDP) is someone who is forced to flee or to leave their places as a result of armed conflict, situations of violence or natural or human-made disasters but who remains within their countries' borders. They are often referred to as refugees, but they do not have the same legal definition with a refugee. At the end of 2006 it was estimated there were 24.5 million IDPs in some 52 countries. The region with the largest IDP population is Africa with some 11.8 million in 21 countries.
Development displacees are people who are compelled to move as a result of policies and projects implemented to supposedly enhance ‘development’. These include large-scale infrastructure projects such as dams, roads, ports, airports; urban clearance initiatives; mining and deforestation; and the introduction of conservation parks/reserves and biosphere projects. Affected people usually remain within the borders of their country. During the 1990s some 90 to 100 million people around the world were displaced as a result of infrastructural development projects.
Enviromental and disaster dispacees category includes people displaced as a result of natural disasters (floods, volcanoes, landslides, earthquakes), environmental change (deforestation, desertification, land degradation, global warming) and human-made disasters (industrial accidents, radioactivity etc.)
Smuggled migrants are moved illegally for profit. They are partners, however unequal, in a commercial transaction.
Trafficked people is the people who are moved by enforcement for the purposes of their usage. The profit in trafficking people comes not from their movement, but from the sale of their sexual services or labor in the country of destination.
International law governs legal relations between states. In the last 50 years, the concept of international law has slowly expanded to include relations between states and international organizations, and between states and individuals. Historically, migration was only regulated at the national level. States have begun to realize that migration is no longer something that they can manage alone. International migration law is a branch of law that has developed over time, and continues to develop. International migration law deals with international responsibilities.
What does International Migration Law do?
States have outhority over their territory and population. They can decide who can and who cannot enter their territory. States can also secure their borders and decide on conditions of entry and stay. International migration law is a branch of law where States have sought to manage some aspects of migration at the international level.
Main International Migration Law norms
This norms and areas of concern that limit of States in migration matters:
Human Rights
Consular Access
Human Trafficking and Migrant Smuggling
Other areas regulated by international agreements, for example, labor migration
Human Rights Discriminaton:
Freedom of movement
Family Unity
Procedural guarantees in areas such as detension or expulsion
The duty of States to accept their returning citizens
Zaatri refugee camp in Jordan (Syria civil war)
Three Gorges Dam in China - about 4 million displaced
Tokuyama Dam in Japan - some 600 displaced
Sardar Sarovar Dam in India - between 1 and 2 million displaced
Forest Fires
Tsunami in Japan (2011)
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