REFUGEE RIGHTS AND THE UN PROTOCOLS ON HUMAN TRAFFICKING AND SMUGGLING

Authors : Olawale LAWAL

Pages : 11-32

View : 19 | Download : 12

Publication Date : 2019-07-21

Article Type : Research Paper

Abstract :The UN protocols on human trafficking and smuggling nitpick from the international protection which refugee conventions have offered to asylum-seekers. This, however, is anathema to the general appellate position of international law in matters of human rights violations. The Protocol`s primary goal is to achieve border control rights for states and also promote, in some way, the human rights of migrants, but it has loopholes which are exploited by states outside the context of its intent. States often deny international protection to refugees using procedures that pronominally encourage the closure of the border to all levels of migrants. This work contends that in the process of assisting states migration policies, the protocols encroach on international protection regimes which often do not query the means to escape persecution. It brings to focus the municipal nature of migration policy and its peril elements when only the state has a subjective right of interpretation. The protocols, in the view of this work, appear to be obstacles to a fair assessment of migration claims. Of particular importance are the claims of asylum-seekers who often use the same modes of the entrance that the human trafficking and smuggling protocols have come to criminalise. This work maintains that states are to respect the peremptory framework of refugee admission and consider the fact that refugees, in their bid to flee persecution, also enlist the services of concern to the protocols. States are enjoined to imbue within their immigration system, experts who can detect push from pull factors. The UNHCR has to make a re-presentation to the UN to show how rabidly border closures to smugglers also are shutting out asylum-seekers. This work is a contextual analysis of the collateral damage which occurs in the protection of the state`s right to border control and migration policy.
Keywords : Protocols on Human Trafficking and Smuggling, Asylum system, Migrations, Border Control