Global perspectives on migrant interdiction François Crépeau Canada Research Chair in International Migration Law University of Montreal François by rt3463df

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									Global perspectives on
 migrant interdiction
         François Crépeau
  Canada Research Chair in International Migration Law
                University of Montreal




              François Crépeau - CCR Conference          1
                         Toronto 2006
         Historical Context
Mid-eighties:


    Rise in asylum claims
    Sharp reduction of immigration (oil crisis)

    Europe: immigration becomes a political issue

States react:


    Reform of refugee determination
    Security agencies given new mandate

Objective: reducing the numbers





                 François Crépeau - CCR Conference   2
                            Toronto 2006
   Nineties:
       Fortress Europe
       Migrant smuggling (in its many forms) becomes
        the norm rather than the exception
   States make irregular migration part of
    international criminality
   The irregular migrant becomes a dangerous
    character in the government and media
    discourse
                    François Crépeau - CCR Conference   3
                               Toronto 2006
             Deterrence measures
   Faster refugee determination
   Elimination of appeals: credibility issue + RAD
   Restricted access to labour market
   Reduced legal aid and social protection
   Increased detention
   Criminalization of all help to irregular migration
   Excessive penalties for migrant smuggling
   Safe third country agreements

                     François Crépeau - CCR Conference   4
                                Toronto 2006
   Deterrence measures are insufficient
   Migration pressure remains
   Human rights protection in democracies mean
    that authorities cannot do whatever they want
    with irregular migrants
   Some deplore that: Geoffrey Simpson
   Some defend that: lawyers in courts
   Public opinion is probably on side with the
    authorities
                  François Crépeau - CCR Conference   5
                             Toronto 2006
               Preventive measures
   Visa regimes
   Carrier sanctions
   Training of border personnel
   Interception mechanisms en route
   Immigration intelligence
   Personal information databases and exchanges
   Conditionalities on international economic cooperation
   Militarization of borders and seas
   Externalization of asylum protection
   Rejection of international human rights law


                       François Crépeau - CCR Conference     6
                                  Toronto 2006
    The agenda of securitising migration
   Migration as part of a new international security
    paradigm
   Migration controls are now part of the phenomenon
    of “securization of the public space”
   The security paradigm leads to
       New administrative structures
       Policy developments
       Increased international cooperation
       Discriminatory practices that remain unchecked

                       François Crépeau - CCR Conference   7
                                  Toronto 2006
   Human rights paradigm must prevail over the
    security paradigm.
   The judiciary is our last resort, as it has been
    for women, detainees, Aboriginals, gays and
    lesbians, etc.




                   François Crépeau - CCR Conference   8
                              Toronto 2006

								
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