Committee: United Nations Human Rights Council

Agenda: Protecting the Rights of Migrants and Refugees

 Content

1. Introduction to The committee

2. Introduction to The Topic
3. Key Terminologies and Definitions
4. History and Background
5. Current Global Status of Migrants & Refugees
6. Key Issues in Protecting Migrants & Refugees
7. Major Refugee Crisis
8. Challenges & Controversies
9. Causes
10. Effects
11. International Laws and Conventions
12. Past UN/UNHRC Actions
13. Current Initiatives & Future Directions
14. Stance of Major Countries
15. Best Possible Solutions
16. Case Studies
17. Questions to Consider (QARMA)
18. Conclusion
19. References
I. Introduction to The Committee:

The United Nations Commission on the Status of Women (UNCSW) is a principal global
intergovernmental body dedicated to promoting gender equality and the empowerment of women
worldwide. Established in 1946, it operates under the umbrella of the United Nations Economic
and Social Council (ECOSOC). The commission plays a pivotal role in shaping global policies
and standards concerning women's rights and gender equality.

Paving the way for landmark agreements: UNCSW has consistently played a key role in drafting
and adopting numerous international agreements, including the Convention on the Elimination of
All Forms of Discrimination against Women (CEDAW), considered the Magna Carta for women's
rights. Setting global standards: UNCSW establishes global norms and standards for gender
equality, influencing national policies and legislation worldwide.

Mandate:
The primary mandate of the UNCSW is to monitor and assess the progress made toward achieving
gender equality and the advancement of women globally. Its responsibilities include Formulating
policies and recommendations to promote gender equality and women's empowerment across
various sectors. Regularly reviewing the implementation of international agreements related to
women's rights, such as the Beijing Declaration and Platform for Action. Advocating for women's
rights and gender equality within the United Nations system and among member states.
Conducting research and analysis on emerging issues affecting women and girls worldwide and
providing technical assistance and capacity-building support to member states to enhance their
efforts in advancing gender equality.

Sessions and Activities:

The UNCSW holds annual sessions at the United Nations Headquarters in New York, where
representatives from member states, civil society organizations, and other stakeholders gather to
discuss pertinent issues related to women's rights and gender equality. These sessions serve as
platforms for dialogue, networking, and sharing best practices.

II. Introduction to The topic:

 Most people in the world have had the experience of leaving the place where they grew up.
Maybe they will only move as far as the next village or city. But for some people, they will need
to leave their country entirely – sometimes for a short time, but sometimes forever.

―Every day, all over the world, people make one of the most difficult decisions in their lives: to
leave their homes in search of a safer, better life.‖

There are many reasons why people around the globe seek to rebuild their lives in a different
country. Some people leave home to get a job or an education. Others are forced to flee
persecution or human rights violations such as torture. Millions flee from armed conflicts or other
crises or violence. Some no longer feel safe and might have been targeted just because of who
they are or what they do or believe – for example, for their ethnicity, religion, sexuality or
political opinions.

These journeys, which all start with the hope for a better future, can also be full of danger and
fear. Some people risk falling prey to human trafficking and other forms of exploitation. Some are
detained by the authorities as soon as they arrive in a new country. Once they‘re settling in and
start building a new life, many face daily racism, xenophobia and discrimination. Some people
end up feeling alone and isolated because they have lost the support networks that most of us take
for granted – our communities, colleagues, relatives and friends.

There are many reasons why it might be too difficult or dangerous for people to stay in their own
countries. For example, children, woman and men flee from violence, war, hunger, extreme
poverty, because of their sexual or gender orientation, or from the consequences of climate
change or other natural disasters. Often people will face a combination of these difficult
circumstances.

People who leave their countries are not always fleeing danger. They might believe they have a
better chance of finding work in another country because they have the education or capital to
seek opportunities elsewhere. Others might want to join relatives or friends who are already living
abroad. Or they might seek to start or finish their education in another country. There are lots of
different reasons for people to start a journey to build a life in a new country.

III. Key Terminologies and Definitions:

 Refugee:
 Refugee is a person who has fled their own country because they are risk of serious human rights
violations and persecution there. The risks to their safety and life were so great that they felt they
had no choice but to leave and seek safety outside their country because their own government
cannot or will not protect them from those dangers. Refugees have a right to international
protection.

 Asylum seeker:

An asylum seeker is a person who has left their country and is seeking protection from
persecution and serious human rights violations in another country, but who hasn‘t yet been
legally recognized as a refugee and is waiting to receive a decision on their asylum claim. Seeking
asylum is a human right. This means everyone should be allowed to enter another country to seek
asylum.

 Migrant:

There is no internationally accepted legal definition of a migrant. Some migrants leave their
country because they want to work, study or join family, for example. Others feel they must leave
because of poverty, political unrest, gang violence, natural disasters or other serious
circumstances that exist there. Governments must protect all migrants from racist and xenophobic
violence, exploitation and forced labour. Migrants should never be detained or forced to return to
their countries without a legitimate reason.

 Rights:

Qualities (such as adherence to duty or obedience to lawful authority) that together constitute the
ideal of moral propriety or merit moral approval.

 Displaced person:
A person who flees his or her State or community due to fear or dangers for reasons other than
those which would make him or her a refugee.

IV. History and Background:

 1921: The League of Nations establishes the High Commissioner for Refugees to
address the needs of displaced persons after World War I.

1951: Adoption of the 1951 Refugee Convention by the United Nations. It defines the
term “refugee” and outlines their rights, including non-refoulement.

1967: The Protocol Relating to the Status of Refugees removes geographical and
temporal limitations from the 1951 Convention, making it universally applicable.

1980s: The Cartagena Declaration on Refugees expands the definition of refugees to

include those fleeing armed conflict, generalized violence, and human rights violations.

1990s: The dissolution of the Soviet Union and conflicts in the Balkans lead to large-
scale refugee movements.

2000s: The UN Millennium Development Goals emphasize the importance of

addressing refugee and migrant rights.

2015: The UN Sustainable Development Goals include targets related to migration

and refugees.

2016: Adoption of the New York Declaration for Refugees and Migrants, reaffirming
commitment to refugee protection.

2018: The Global Compact on Refugees is adopted, providing a comprehensive

framework for refugee response and support.

2020s: Ongoing efforts to strengthen refugee protection, address displacement, and

promote safe migration.

V. Current Global Status of Migrants & Refugees:

 Refugees and Asylum-Seekers: As of 2022, the world faced a significant displacement
crisis, with approximately 35.3 million refugees seeking safety beyond their home countries.
Among them, 29.4 million fell under the UNHCR‘s mandate, while 5.9 million were registered
by the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) in the Near
East. These individuals fled their homes due to conflict, persecution, or violence, hoping to find
protection and stability elsewhere. Additionally, around 5.4 million people were asylum-
seekers, awaiting determination of their refugee status. These numbers highlight the urgent need
for international cooperation and support to address the challenges faced by forcibly displaced
populations.

 Top Countries of Origin: The origins of refugees are diverse, reflecting global conflicts
and crises. The Syrian Arab Republic remained a significant source, with 6.5 million refugees,
although this number decreased from the previous year. The ongoing conflict
in Ukraine triggered one of the largest displacement crises since World War II, forcing
approximately 5.7 million Ukrainians to flee their country. Afghanistan also continued to be a
major source of refugees, with about 5.7 million refugees. Other countries contributing to the
refugee population included South Sudan, Myanmar, the Democratic Republic of the Congo,
Sudan, Somalia, the Central African Republic, and Eritrea. These complex dynamics
underscore the need for humanitarian assistance, protection, and durable solutions.

 Challenges and Responses: Addressing the needs of refugees and migrants requires a
multifaceted approach. The Global Compact on Refugees, adopted in 2018, provides a
comprehensive framework for coordinated action. It emphasizes burden-sharing, solidarity
among nations, and long-term solutions. However, challenges persist. Ongoing conflicts,
climate change, and political instability continue to drive displacement. Ensuring access to
education, healthcare, and livelihood opportunities for refugees remains crucial. Advocacy for
their rights, including the principle of non-refoulement, is essential. International organizations,
governments, and civil society must collaborate to protect the rights and dignity of those
affected.

 Regional Disparities: Refugee and migrant flows are unevenly distributed across regions.
The Middle East and North Africa host the largest number of refugees, with countries
like Turkey, Lebanon, and Jordan playing a critical role. In Sub-Saharan Africa, countries
like Uganda have generously welcomed refugees, providing them with land and resources.
Meanwhile, Europe continues to grapple with arrivals via the Mediterranean Sea, leading to
debates on border control, humanitarian corridors, and integration. These regional disparities
highlight the importance of global solidarity and equitable burden-sharing.
  Beyond Refugees: Internal Displacement and Climate Migration: While refugees receive
significant attention, internal displacement is equally pressing. Millions of people are displaced
within their own countries due to conflict, natural disasters, or development projects.
Additionally, climate-induced migration is a growing concern. Rising sea levels, extreme
weather events, and environmental degradation force people to move. Ensuring protection and
assistance for these vulnerable populations is crucial for a more just and sustainable world.

VI. Key Issues in Protecting Migrants & Refugees:

Lack of Protection Services: On major migration routes, refugees and migrants face
alarming risks due to the absence of adequate protection services. Many suffer human rights
violations, including violence, kidnapping, and exploitation. Immediate humanitarian assistance,
shelter, and access to justice are often lacking, especially in hard-to-reach areas like the Sahara
Desert

Smugglers and Traffickers: Criminal networks exploit vulnerable migrants and refugees.
Combatting smugglers and traffickers is essential to ensure safety and dignity during their
journeys.

Legal Pathways: Creating orderly and legal migration pathways is crucial. Desperate
individuals should not be forced to rely on criminal networks for safety

Resource Constraints: Conflicts and crises strain resources available for protection
services. Sustained funding and operational partnerships are needed to address critical gaps.

Human Rights Violations: Violations against migrants include arbitrary detention, torture,
and denial of basic rights such as health and education

VII. Major Refugee Crisis:

1. Afghan Refugee Crisis:

 Background: The Afghan refugee crisis is one of the largest and longest-lasting in the world,
beginning with the Soviet invasion of Afghanistan in 1979 and continuing through various
conflicts, including the recent resurgence of the Taliban in 2021.
  Impact: Millions of Afghans have been displaced internally and internationally. Neighbouring
countries, particularly Pakistan and Iran, have hosted large Afghan refugee populations for
decades.

 Current Situation: The situation remains dire with ongoing insecurity, economic instability, and
humanitarian needs, exacerbated by the Taliban's return to power.

2. Syrian Refugee Crisis:

 Background: The Syrian civil war, which began in 9, has resulted in one of the largest refugee
crises in recent history. The conflict has caused widespread destruction and displacement.

 Impact: Over 6.6 million Syrians have fled the country, seeking refuge primarily in
neighbouring countries like Turkey, Lebanon, and Jordan, as well as in Europe.

 Current Situation: The crisis continues with many refugees living in protracted situations,
facing challenges such as limited access to employment, education, and healthcare.

3. Rohingya Refugee Crisis:

 Background: The Rohingya, a Muslim minority group from Myanmar, have faced decades of
persecution and statelessness. The crisis escalated in 2017 when a military crackdown forced
over 700,000 Rohingya to flee to Bangladesh.

 Impact: The majority of Rohingya refugees are living in overcrowded camps in Cox's Bazar,
Bangladesh, with limited access to basic services and ongoing protection concerns.

 Current Situation: The Rohingya continue to face uncertainty regarding their future, with little
progress on repatriation or resettlement options.

4. Venezuelan Refugee and Migrant Crisis:

 Background: Economic collapse, political instability, and social unrest in Venezuela have
driven over 5.4 million people to flee the country since 2014.
 Impact: Venezuelan migrants and refugees are dispersed across Latin America and the
Caribbean, with Colombia, Peru, and Brazil among the primary host countries.

 Current Situation: Many Venezuelans face challenges in accessing legal status, employment,
healthcare, and education in host countries.
5. South Sudanese Refugee Crisis:
 Background: South Sudan gained independence in 2011, but internal conflict erupted in 2013,
leading to a humanitarian crisis and mass displacement.

 Impact: Over 2.2 million South Sudanese have fled to neighbouring countries, including
Uganda, Sudan, and Ethiopia. Millions more are internally displaced.

 Current Situation: The peace process remains fragile, and refugees continue to face significant
humanitarian needs, including food insecurity and lack of basic services.

6. Central African Republic Refugee Crisis:

 Background: The Central African Republic (CAR) has experienced ongoing conflict since 2013,
leading to widespread violence and instability.

 Impact: Hundreds of thousands of CAR nationals have sought refuge in neighbouring countries
such as Cameroon, Chad, and the Democratic Republic of Congo.

 Current Situation: The humanitarian situation remains critical, with refugees facing protection
risks and lack of access to basic services.

7. Iraqi Refugee Crisis:

 Background: Decades of conflict, including the Iraq War (2003-2011) and the rise of ISIS
(2014-2017), have caused significant displacement within and outside Iraq.

 Impact: Millions of Iraqis have been displaced, with large numbers seeking refuge in countries
like Syria, Jordan, and Turkey, as well as within Iraq itself.
 Current Situation: While some have returned home, many Iraqis remain displaced, facing
ongoing security threats and challenges in rebuilding their lives.

8. Congolese Refugee Crisis:

 Background: The Democratic Republic of Congo (DRC) has experienced decades of conflict,
resulting in one of the world's most complex and protracted refugee crises.

 Impact: Millions of Congolese have fled to neighbouring countries, including Uganda, Rwanda,
and Burundi. Internally displaced persons (IDPs) also number in the millions.
  Current Situation: The crisis is characterized by ongoing violence, human rights abuses, and
humanitarian needs, with limited prospects for durable solutions.

9. Palestinian Refugee Crisis:

 Background: The Palestinian refugee crisis began with the 1948 Arab-Israeli War, which led to
the displacement of hundreds of thousands of Palestinians. The Six-Day War in 1967 further
exacerbated the crisis.
 Impact: Millions of Palestinians are registered as refugees with UNRWA, living in camps and
communities in Jordan, Lebanon, Syria, the West Bank, and Gaza Strip.

 Current Situation: Palestinian refugees continue to face significant challenges, including

restricted movement, lack of citizenship, and limited access to education, employment, and
healthcare.

These major refugee crises highlight the widespread impact of conflict, persecution, and instability on
millions of individuals worldwide, underscoring the urgent need for international cooperation and
comprehensive protection measures.

VIII. Challenges & Controversies:

1. Legal and Policy Frameworks:

Challenge: Inadequate or Inconsistent Legal Protections
 Many countries lack comprehensive legal frameworks to protect the rights of migrants and
refugees, leading to inconsistent policies and practices.

 In some cases, national laws conflict with international human rights obligations, resulting in
legal ambiguities and gaps in protection.

Controversy: National Sovereignty vs. International Obligations

 Countries often prioritize national security and sovereignty over international obligations to
protect refugees and migrants, leading to restrictive policies and practices.

 Debates over the extent to which international bodies can influence or enforce national policies
on migration and asylum.

2. Border Control and Security Measures:

Challenge: Harsh Border Enforcement Practices
 Increased border control measures, including physical barriers, surveillance, and militarization,
often lead to human rights abuses such as unlawful detention, pushbacks, and violence against
migrants.

Controversy: Balancing Security and Human Rights

 Governments argue that stringent border controls are necessary for national security, but human
rights advocates highlight the adverse impact on migrants and refugees, including violations of
the right to seek asylum.

3. Conditions in Detention and Refugee Camps:

Challenge: Poor Living Conditions and Overcrowding
 Many detention centers and refugee camps are overcrowded and lack basic amenities such as
clean water, sanitation, healthcare, and adequate shelter.

 Prolonged detention without adequate legal recourse is common, leading to severe psychological
and physical harm.

Controversy: Ethical Treatment vs. Deterrence Policies

 There is ongoing debate over the ethical treatment of migrants in detention centers versus
policies aimed at deterring irregular migration. Critics argue that poor conditions are sometimes
used intentionally as a deterrent.

4. Access to Asylum and Refugee Status Determination:

Challenge: Barriers to Accessing Asylum Procedures
 Migrants and refugees often face significant barriers in accessing fair and efficient asylum
procedures, including lengthy processing times, lack of legal assistance, and language barriers.

Controversy: Asylum System Abuse vs. Protection Needs

 Governments express concerns about the abuse of asylum systems by economic migrants,
leading to stricter criteria and increased rejections, which human rights organizations argue
undermine the protection needs of genuine refugees.

5. Integration and Social Inclusion:

Challenge: Discrimination and Xenophobia
  Migrants and refugees frequently encounter discrimination, xenophobia, and social exclusion in
host countries, affecting their ability to integrate and access essential services such as education,
employment, and healthcare.

Controversy: Cultural Integration vs. Preservation

 Debates arise over the extent to which migrants should integrate into host societies versus the
preservation of their cultural identities. Tensions can lead to social unrest and policy challenges.

6. Accountability and Enforcement:

Challenge: Impunity for Human Rights Violations
 There is often a lack of accountability for human rights violations committed against migrants
and refugees, including by state actors such as border guards and immigration officials.

Controversy: Domestic Accountability Mechanisms vs. International Oversight

 While some argue for stronger international oversight and intervention, others advocate for
reinforcing domestic accountability mechanisms to address human rights violations.

IX. Causes:
1. Conflict and Violence:
Civil Wars and Armed Conflicts:
 Ongoing civil wars and armed conflicts in countries like Syria, Yemen, and Afghanistan have
resulted in large-scale displacement of populations seeking safety and security.

Ethnic and Religious Persecution:

 Ethnic and religious minorities often face targeted violence and persecution, leading to forced
migration. Examples include the Rohingya in Myanmar and the Yazidis in Iraq.

2. Political Instability and Repression:

Authoritarian Regimes and Political Repression:
 Political instability and repression under authoritarian regimes drive people to flee their
countries. Governments that suppress dissent, restrict freedoms, and violate human rights
contribute significantly to refugee flows.

Human Rights Abuses:

  Systematic human rights abuses, such as arbitrary arrests, torture, and extrajudicial killings,
compel individuals to seek refuge in other countries.

3. Economic Hardship:
Poverty and Lack of Economic Opportunities:
 Severe poverty and lack of economic opportunities push individuals to migrate in search of better
livelihoods. Economic migrants often flee countries with high unemployment rates, poor wages,
and inadequate living conditions.

Inequality and Social Exclusion:

 Economic inequality and social exclusion further exacerbate migration pressures, as
marginalized communities seek improved living standards and social inclusion elsewhere.

4. Environmental Degradation and Climate Change:

Natural Disasters:
 Natural disasters such as earthquakes, floods, and hurricanes displace large numbers of people.
Countries with inadequate disaster response mechanisms see higher migration rates following
such events.

Climate Change:
 Climate change impacts, including rising sea levels, desertification, and changing weather
patterns, force communities to relocate. Small island nations and low-lying coastal areas are
particularly vulnerable.

5. Governance and Corruption:

Weak Governance Structures:
 Poor governance and lack of effective institutions contribute to instability and insecurity, driving
migration. Countries with weak rule of law and poor public services often see higher emigration
rates.

Corruption:
 Corruption exacerbates poverty and inequality, undermines development, and fuels migration.
Corrupt practices in government and business create environments where individuals feel
compelled to leave in search of better governance.
6. Human Trafficking and Smuggling:
Human Trafficking Networks:
 Human trafficking networks exploit vulnerable populations, forcing them into migration through
coercion, deception, or abduction. Victims of trafficking often face exploitation, abuse, and
violence.

Smuggling Networks:
 Smuggling networks facilitate irregular migration, often putting migrants at risk of dangerous
journeys and exploitation. Smugglers take advantage of individuals‘ desperation to escape
adverse conditions.

X. Effects:

1. Humanitarian Impact:
Displacement and Loss of Homes:
 Large-scale displacement results in millions of individuals losing their homes and becoming
internally displaced persons (IDPs) or refugees. This leads to overcrowded refugee camps and
inadequate housing conditions.

Health and Well-being:

 Refugees and migrants often face poor health conditions due to lack of access to medical care,
clean water, and proper sanitation. Mental health issues, including trauma and depression, are
prevalent due to experiences of violence and displacement.

Education Disruption:
 Displacement disrupts the education of children and young people, leading to long-term impacts
on their development and future opportunities. Many refugee children have limited or no access
to schooling.

2. Economic Impact:
Labor Market Strain:
 In host countries, an influx of migrants and refugees can strain labor markets, leading to
competition for jobs and potentially driving down wages. This can create tensions between local
populations and newcomers.
Economic Contributions:
 Despite initial strains, migrants and refugees often contribute to the economy by filling labor
shortages, starting businesses, and paying taxes. Over time, they can help boost economic growth
and development in host countries.

Resource Allocation:
 Hosting large numbers of migrants and refugees requires significant financial resources.
Governments may need to allocate funds for housing, healthcare, education, and other essential
services, which can strain national budgets.

3. Social and Cultural Impact:

Integration and Social Cohesion:
 Integration of migrants and refugees can be challenging, leading to social tension and
xenophobia. Host communities may feel threatened by cultural differences and competition for
resources.

Cultural Diversity:
 On the positive side, migrants and refugees bring cultural diversity, enriching host societies with
new traditions, cuisines, languages, and perspectives. This can foster greater cultural
understanding and exchange.

Community Resentment:
 When local populations perceive that migrants receive preferential treatment or strain public
services, resentment and hostility can increase. Effective integration policies are crucial to
mitigate these effects.

4. Political Impact:
Policy and Governance:
 The arrival of large numbers of migrants and refugees can influence national and local politics,
prompting governments to develop new policies and legislation related to immigration, asylum,
and integration.

Rise of Nationalism and Populism:

 Migration crises can fuel nationalist and populist movements, with political leaders exploiting
fears and prejudices to gain support. This can lead to restrictive immigration policies and anti-
immigrant sentiment.
International Relations:
 Migrant and refugee crises can strain international relations, particularly when neighboring
countries are affected. Disputes over border control, refugee responsibility, and international aid
can arise.

5. Security Impact:
Border Security:
 Increased migration flows can challenge border security, leading to heightened enforcement
measures and potential human rights violations. Countries may implement stricter border
controls and surveillance.

Human Trafficking and Smuggling:

 Migrant and refugee crises create opportunities for human traffickers and smugglers, who exploit
vulnerable individuals. This can lead to increased organized crime and security challenges.

Radicalization and Extremism:

 Prolonged marginalization and poor living conditions can make some migrants and refugees
susceptible to radicalization and recruitment by extremist groups. This poses security risks both
to host countries and internationally.

XI. International Laws and Conventions:

1951 Refugee Convention and its 1967 Protocol:
1951 Refugee Convention:
 The cornerstone of international refugee protection, the 1951 Convention defines who is a
refugee and outlines the rights of individuals granted asylum, as well as the responsibilities of
nations that grant asylum.

 Key principles include non-refoulement (protection against return to a country where a person
has reason to fear persecution), the right to work, education, and public relief and assistance.

1967 Protocol:
 The 1967 Protocol removed geographical and temporal limits from the 1951 Convention,
ensuring broader applicability of the refugee protections established in the original document.

2. Universal Declaration of Human Rights (UDHR) (1948):

  Article 14 of the UDHR states that everyone has the right to seek and enjoy asylum from
persecution in other countries.

 The declaration sets out fundamental human rights to be universally protected, including the
rights of migrants and refugees.

3. International Covenant on Civil and Political Rights (ICCPR) (1966):

 The ICCPR ensures various civil and political rights for all individuals, including migrants and
refugees.

 Key provisions relevant to migrants include the right to life, liberty, and security of person,
freedom from torture and other cruel, inhuman or degrading treatment, and protection of family
life.

4. International Covenant on Economic, Social and Cultural Rights (ICESCR)

(1966):
 The ICESCR guarantees economic, social, and cultural rights, including rights to work,
education, health, and an adequate standard of living, which are critical for the well-being of
migrants and refugees.

5. Convention on the Rights of the Child (CRC) (1989):

 The CRC emphasizes the protection of children, including migrant and refugee children,
ensuring their rights to protection, education, health, and family unity.
 Special attention is given to the best interests of the child in all actions concerning them.

6. International Convention on the Protection of the Rights of All Migrant Workers

and Members of Their Families (ICMW) (1990):
 The ICMW provides comprehensive protections for migrant workers and their families, covering
a wide range of civil, political, economic, social, and cultural rights.
 It addresses issues such as equal treatment, protection from abuse and exploitation, and the right
to family unity.
7. Global Compact on Refugees (GCR) (2018):
 The GCR aims to enhance international cooperation on refugee issues, providing a framework
for more predictable and equitable responsibility-sharing.

 It emphasizes support for host countries, improving refugee self-reliance, and finding durable
solutions such as voluntary repatriation, local integration, and resettlement.

8. Global Compact for Safe, Orderly and Regular Migration (GCM) (2018):
 The GCM outlines 23 objectives for better managing migration at local, national, regional, and
global levels.

 It focuses on minimizing the adverse drivers of migration, ensuring migrants' rights, and
promoting safe and regular migration pathways.

9. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment

or Punishment (CAT) (1984):
 CAT provides protections against torture and ill-treatment, emphasizing that no person,
including migrants and refugees, should be subjected to such practices.

 It mandates that states must take effective measures to prevent torture and provides mechanisms
for victims to seek redress.

10. Regional Instruments:

European Convention on Human Rights (ECHR):
 The ECHR, overseen by the European Court of Human Rights, protects the rights of migrants
and refugees in Europe, ensuring fair treatment, protection against deportation to countries where
they may face persecution, and access to justice.

XII. Past UN/UNHRC Actions:

. 1. Establishment of UNHCR (1950):

  The United Nations High Commissioner for Refugees (UNHCR) was established in 1950 by the
United Nations General Assembly to lead and coordinate international action for the worldwide
protection of refugees and the resolution of refugee problems.

 UNHCR has been instrumental in providing protection, shelter, and assistance to millions of
refugees globally, ensuring their rights are respected and promoting durable solutions.

2. Adoption of the 1951 Refugee Convention and its 1967 Protocol:

 The 1951 Refugee Convention and its 1967 Protocol are key legal instruments that the UN has
promoted and enforced, defining the status and rights of refugees and the obligations of states to
protect them.

 These instruments have been ratified by a majority of UN member states, forming the
cornerstone of international refugee protection.

3. International Conferences and Summits:

World Conference on Human Rights (Vienna, 1993):
 This conference reaffirmed the commitment of the international community to the promotion and
protection of human rights, including the rights of migrants and refugees.

 It led to the establishment of the Office of the High Commissioner for Human Rights (OHCHR),
enhancing the UN's capacity to address human rights issues.

Global Compact on Refugees and Global Compact for Migration (2018):

 These compacts were adopted to improve the international community's response to large
movements of refugees and migrants.

 They emphasize principles of solidarity, responsibility-sharing, and respect for human rights,
aiming to enhance cooperation and support for host countries.

4. UNHRC Special Procedures:

 The UNHRC has established various special procedures, including Special Rapporteurs and
Working Groups, to monitor and report on the human rights situation of migrants and refugees.
  These include the Special Rapporteur on the human rights of migrants and the Working Group
on Arbitrary Detention, which focus on identifying violations, raising awareness, and advocating
for the rights of affected individuals.

5. Resolutions and Reports:

 The UNHRC regularly adopts resolutions and publishes reports addressing the situation of
migrants and refugees. These documents highlight issues such as xenophobia, discrimination,
and violence against migrants, and call for stronger protections.
 Notable resolutions include those addressing the human rights of migrants in transit, the
protection of migrant children, and the impact of migration policies on human rights.

6. Universal Periodic Review (UPR):

 The UPR process involves a periodic review of the human rights records of all UN member
states, including their treatment of migrants and refugees.

 This mechanism provides a platform for assessing national policies, identifying best practices,
and making recommendations to improve the protection of migrants and refugees.

7. Humanitarian Assistance and Emergency Response:

 The UN has coordinated numerous humanitarian assistance efforts through agencies like
UNHCR, UNICEF, and the World Food Programme (WFP) to support refugees and migrants
during crises.

 These efforts include providing emergency relief, healthcare, education, and other essential
services in refugee camps and transit centers.

XIII. Current Initiatives & Future Directions:

International organizations like the UNHCR (United Nations High Commissioner for
Refugees) and IOM (International Organization for Migration) are at the forefront of protecting
migrant and refugee rights. The UNHCR's Global Compact on Refugees aims to establish a
framework for more predictable and equitable responsibility-sharing, while their resettlement
programs facilitate the safe relocation of refugees. The IOM's Global Compact for Safe,
Orderly and Regular Migration addresses all aspects of international migration, promoting safe
and legal migration pathways and ensuring the protection of migrant rights.
Another initiative for protecting the rights of migrants and refugees include the Global
Compact on Migration (GCM) and the Global Compact on Refugees (GCR), adopted by the
UN in 2018, which aim to promote safe, orderly, and regular migration and refugee
management. The UN's Sustainable Development Goals (SDGs), particularly Goal 8 (Decent
Work and Economic Growth) and Goal 10 (Reduced Inequalities), also address migration and
refugee issues.

The 2013 UN General Assembly High-Level Dialogue (HLD) on International Migration and
Development is a crucial opportunity to address the human rights dimensions of migration at
the international level. It aims to foster effective cooperation among states, international
organizations, civil society, and other stakeholders. This dialogue comes at a significant time as
it aligns with the preparation of the post-2015 United Nations development agenda, focusing on
human rights, equality, and sustainability.

In 2012, the General Assembly emphasized the importance of integrating a human rights
perspective in analyzing the link between migration and development (A/RES/67/172). This
brief report explores the necessity of embedding a human rights-based approach within the
global migration governance framework. While acknowledging the importance of regional,
local, national, and bilateral governance, the focus remains on international governance within
the UN system.

Migration, involving over 215 million international migrants, reflects growing global
inequalities and has increased in scale and complexity. There is a growing awareness among
states and stakeholders of the need for international dialogue and enhanced migration
governance. While migration offers opportunities for many, it also involves challenges such as
poverty, lack of decent work, social exclusion, violence, persecution, human rights violations,
and environmental degradation. Inadequate regular migration channels often force migrants
into irregular routes, exposing them to smugglers and traffickers, and resulting in detention,
discrimination, and exploitation.

Migration can significantly improve human development outcomes for migrants and their
families by raising incomes through decent work and improving access to education and health.
The contribution of migrants and diaspora communities is significant through remittances,
trade, investment, networks and knowledge sharing. Migrants‘ contributions can be further
enhanced by lowering the costs of migration, ensuring their rights and equal treatment with
nationals concerning their working conditions, wages, safety and health protection, portability
 of pensions and other social security benefits, and through promoting mutual recognition of
diplomas and qualifications. States should ratify and implement all relevant international
instruments related to international migration. This includes the core international human rights
instruments, relevant ILO conventions, the protocols against human trafficking and migrant
smuggling, the 1951 refugee convention.

XIV. Stance of Major Countries:

1. United States of America:

The United States has long been a global leader in the resettlement of refugees—and the need
for such leadership remains enormous. The number of refugees around the world who are
fleeing violence or persecution in their home countries in search of safety abroad has grown
dramatically over the past decade.
Until recently, the United States offered refuge each year to more people than all other
nations combined. But the Trump administration drastically reduced the maximum number of
refugees that could enter the United States. Moreover, the United States government has
imposed new security vetting procedures on refugees before they can be admitted into the
country, which has greatly lengthened waiting times and left many refugees in dangerous
situations for prolonged periods. In 2017, for the first time in modern history, the United
States settled fewer refugees than the rest of the world. In Fiscal Year (FY) 2020, the United
States settled only 11,814 refugees—the fewest in any year since the creation of the U.S.
refugee program. The Refugee Act of 1980 is a key piece of legislation that established the
framework for the U.S. refugee admissions program.

2. France:

Refugees flowed into France in the wake of two World Wars and as a result of the
establishment of Communist and dictatorial regimes throughout the world. The first main
flux of refugees came from Russia after the Bolshevik Revolution. During the period
between the first and second world wars, many Germans, Italians and Spaniards fled to
France to escape fascism. The end of World War II and the extension of Communism from
the Soviet Union to Central Europe brought a new wave of refugees from Poland,
Czechoslovakia, Romania, and Bulgaria. The spread of Communism, first in China and then
in other parts of Southeast Asia, increased the number of refugees from Vietnam and, later,
 from Cambodia and Laos.1 The most recent asylum seekers come from countries torn apart
by war or civil unrest, including Palestinians, the Kurds of Iraq and Turkey, the Tamils of Sri
Lanka, and former Yugoslavs.

The French government has tightened rules permitting foreigners to reside in France in
response to the sluggish economy plaguing Europe. In December, 1990 the French Office for
the Protection of Refugees and Stateless Persons (OFPRA) stated that of the 90,000 dossiers
considered, only 13,000 would be accepted.3 Applications for asylum have risen during the
last decade not only because fewer people have been admitted to work, but because of
numerous civil wars around the world. Despite increasing applications, the number of
refugees admitted has not increased. The country has a robust legal framework for asylum
and integration but faces ongoing challenges in managing public opinion, political pressures,
and the complexities of the European and global migration landscape.

3. United Kingdom:

The UK‘s stance on the migrants and refugees‘ crisis is characterized by a dual approach:
upholding its humanitarian obligations to protect refugees while implementing strict
measures to control illegal immigration. The legislative framework, including the Asylum
and Immigration Act 1999, the Immigration Act 2016, and the Nationality and Borders Bill,
reflects this balance. Through various resettlement programs and international cooperation,
the UK remains committed to addressing the challenges of migration and providing refuge to
those in need.
In March 2021, the UK government published ‗Global Britain in a competitive age: The
integrated review of security, defense, development and foreign policy‘, which set out its
high-level vision for the UK‘s role in the world. The government said it would ―remain
sensitive to the plight of refugees and asylum-seekers‖, stating that its ―resettlement schemes
have provided safe and legal routes for tens of thousands of people to start new lives in the
UK‖. As well as its asylum system, the UK operates several schemes for refugees looking for
protection in the UK and for others seeking access to the UK for humanitarian reasons. This
section focuses on those schemes available to refugees and asylum-seekers but refers to some
nationality-specific immigration routes.

4. People’s Republic of China:

 China protects the rights that refugees shall enjoy while in China. The rights of refugees in
China are stipulated mainly by article 46 of the Exit and Entry Administration Law 2012:
Foreigners applying for a refugee status may, during the period of identification of their
refugee status, stay in China on the basis of a temporary identification issued by the public
security authority; and those identified as refugees may stay or reside in China on the basis of
a refugee identification issued by the public security authority. Since refugees are foreigners,
the rights of foreigners in China apply to refugees as well, except where certain
circumstances require otherwise. The present chapter will analyze provisions of the
Convention Relating to the Status of Refugees 1951 on refugee rights, discuss Chinese laws
and regulations on those rights, and discuss the rights of refugees in China with reference to
international refugee law.

China established the National Immigration Administration in 2018. Globally China has
pledged support for refugees at the 2016 UN General Assembly, 2017 Belt & Road Forum,
2019 Global Refugee Forum and its 2020 Position Paper on the 75th Anniversary of the UN.

5. Russian Federation:
The majority of migrant workers in Russia are irregular migrants who are particularly
vulnerable to modern slavery. The collapse of the Soviet Union has led many people from
the Central Asian Republics to move to Russia in search of opportunities and employment.
Every year about 10-12 million workers enter Russia. The geographical position of the
Russian Federation, between the European Union and some countries with a high rate of
migration, as well as visa-free entry into most countries of the Commonwealth of
Independent States (CIS) and the existence of some ―permeable‖ parts of the Russian
border, facilitate a high rate of irregular migration within the CIS.

The immigration reform, approved in 2014, obliges all migrants to have a residence permit
in order for them to work in the country. This policy attempts to legalize the Labour market
and promote tolerance of residents towards workers arriving from countries without visas.
In 2010, the Ministry of the Interior introduced two systems to access the labor market:
first, a ―license‖ system for citizens of former Soviet countries with visa-free entry and
second, a set of simplified rules for hiring highly qualified specialists for ―quality‖
immigration. The work license for foreign citizens guarantees the right to work in the
territory of the Russian Federation, provided the foreign citizen has crossed the border of
the country legally and has the right to enter the country without a visa.
 Russia adheres to the 1951 Geneva Convention on Refugees, the 1967 New York Protocol
on the Status of Refugees and the 1993 Federal Refugee Act. Under these rules, Russia can
grant asylum seekers permanent refugee status or temporary asylum, which can be extended
from year to year.

6. European Union:
EU countries have been reinstating border controls within the Schengen area over the last
few years, and these controls often last for long periods.
Since 2015, EU-sponsored resettlement schemes have helped more than 119,000 vulnerable
people in need of international protection find shelter in the EU. Resettlement is a safe and
legal alternative to irregular journeys for asylum seekers and is based on referrals by the
UN refugee agency, UNHCR. Under the 2024-2025 EU Resettlement and Humanitarian
admission scheme, 14 EU countries have pledged to resettle 61,000 people. Resettlement is
also an important element of the EU-Türkiye agreement on migration management. Since
March 2016, more than 40,000 Syrians have been resettled to EU countries. In addition to
these schemes, as part of the overhaul of the asylum and migration system, in 2016 the
Commission proposed a Union Resettlement Framework which would see the EU move
away from ad hoc resettlement schemes and adopt a two- year EU resettlement and
humanitarian admission plan.
As part of the plan EU countries will offer resettlement voluntarily to particularly
vulnerable people. The plan would outline the maximum total number of persons to be
admitted, the contributions of EU countries and the overall geographical priorities.

7. Pakistan:

Pakistan is hosting millions of Afghan refugees since more than three decades; however, it is
neither a signatory to the 1951 Refugee Convention nor has developed refugee specific
national legislation. Currently, Pakistan is managing one of the world`s largest protracted
refugee caseload under adhoc arrangements that inadvertently amplify their vulnerability.
The Government of Pakistan (GoP) has issued POR cards that will now expire in December
2017, after continuous renewals. Apart from registered refugees, there are also sizable
numbers of unregistered Afghans who do not possess PoR cards.

RRN-Pakistan envisions a protective environment for refugees in Pakistan. The RRN-

Pakistan is an initiative of national organizations and human rights activists, serving as a
network for well-coordinated and effective advocacy about refugee rights through
information sharing, capacity building, and coordination among institutions involved in
 promoting refugee protection in Pakistan and to defend and expand the rights of all asylum
seekers, detainees and refugees. The overarching goal of RRN-Pakistan is to ensure refugee
protection..

The RRN-Pakistan was initially envisioned in April 2014 during a symposium on refugee
rights held in Tehran organized by Asia Pacific Refugee Rights Network (APRRN) and
Association for Protection of Refugee Women and Children (HAMI). It was launched in
early 2015. SHARP-Pakistan leads (Chair) RRN in Pakistan since 2014.

XV. Best Possible Solutions

 Conflict Resolutions:
Resolving conflicts and establishing peace agreements is crucial to addressing the root cause
migrants and refugees‘ crisis. Strengthen international diplomacy and mediation to resolve
conflicts. Post-conflict reconstruction and reconciliation programs should be implemented to
rebuild communities and promote social cohesion. Supporting local initiatives for
peacebuilding and community development is also essential. The United Nations and other
international bodies can play crucial roles in peace negotiations and conflict resolution.

 Saving Lives:
World leaders also need to put saving lives first. No one should have to die crossing a border,
and yet almost 7,000 people drowned in the Mediterranean alone in the two years since the first
big shipwreck in October 2013. Thousands of people fleeing persecution in Myanmar suffered
for weeks on board boats while Thailand, Malaysia and Indonesia bickered over who should
help them in May 2015.States can stop this by investing in search and rescue operations and
immediately helping people in distress.

 Political Reforms:

Encouraging democratic governance and human rights is vital to addressing the political
instability that drives migration. Supporting civil society organizations that promote political
reform and holding governments accountable for their human rights obligations can help create
an environment where citizens feel safe and empowered. Economic incentives can also be
 offered to governments that implement reforms, promoting a stable and inclusive political
environment.

 Stop Trafficking:

All countries should investigate and prosecute trafficking gangs who exploit refugees and
migrants, and put people‘s safety above all else. Survivors whom Amnesty met in Southeast
Asia said traffickers killed people on board boats when their families couldn‘t pay ransoms.
Others were thrown overboard and left to drown, or died from because there was no food and
water.

 Combat Poverty and Economic Hardships

Support economic programs that create jobs and improve livelihoods in regions prone to
economic migration. Increase development aid targeted at poverty reduction, education, and
healthcare in impoverished countries and Implement fair trade policies that support economic
growth in developing countries.

 Stop Racism:

Governments also need to stop blaming refugees and migrants for economic and social
problems, and instead combat all kinds of xenophobia and racial discrimination. Doing
otherwise is deeply unfair, stirs up tensions and fear of foreigners, and sometimes leads to
violence – even death.
In Durban, South Africa, at least four people died, many were seriously injured, and over 1,000
mainly Burundian and Congolese refugees forced to flee after violence and looting broke out in
April and May 2015.

 Providing Asylum:

The world has a very short memory. In the aftermath of World War II, most countries agreed to
protect refugees through the 1951 Refugee Convention, and through UN agencies like the
UNHCR.
Barbed wire fences and chronic underfunding have left that vision of a better world in tatters.
By ignoring the warning signs, world leaders have allowed a huge, global humanitarian crisis to
 unfold. Ultimately, it will be resolved by ending the conflicts and persecution that forced
people to flee in the first place.

XVI. Case Studies:

1. Case Study – Guardianship of UASC:

During the refugee and migrant crisis in Greece, many unaccompanied and separated children
needed care and protection. Until 2016, the Public Prosecutor acted as temporary guardian, but
this role was not substantively fulfilled, falling short of international and EU standards. As a
result, UNHCR and child protection actors advocated for a specialized legislative framework to
establish requirements, skills, and expertise for guardians, leading to the drafting and adoption
of a new law regulating guardianship for unaccompanied and separated children. The relevant
L. 4554 was voted in 2018 and UNHCR comments were taken into consideration thus also
leading to the inclusion of the article 19 specifically on the implementation of Best Interest
Procedures in Greece. In 2019, and in view of the application of the new legal and institutional
framework as of March 2020, UNHCR established a tripartite agreement with the Ministry of
Labour and a local partner implementing the law only for the most vulnerable UAC in the RICs
and the urban areas until its transition to the national funding program (AMIF) in March 2020.
45 guardians and 14 coordination staff were recruited by the local partner Metatarsi to pilot the
law 4554/2018. During the implementation of the program in 2019, 2,200 UASC received
guardianship services.

Source:https://www.unhcr.org/sites/default/files/2022-12/Case-Study-Guardianship-in-
Greece.pdf

2. Case Study – Enhancing protection of refugee and migrant’s rights in the

Middle East and North Africa region:
This Case Study from the Middle East and North Africa (MENA) region covers the issue of
refugee and migrant rights. In population displacements – such as fleeing a disaster or a war
and being trucked to a new camp for Refugee or Internally Displaced People, children can
easily become separated from their families. Existing protection mechanisms may break down
or become unavailable during the circumstances. Working with and through local partners in
the MENA region, Save the Children is building structures and capacities to sustain approaches
that are essential to preventing children from slipping through the safety net of the child
protection system.
 Source: https://resourcecentre.savethechildren.net/document/case-study-enhancing-protection-
refugee-and-migrants-rights-middle-east-and-north-africa/

3. Case Study – The CBP one Mobile Application:

In May 2023, the US government introduced new migration regulations requiring asylum
seekers to use the CBP One mobile app to schedule appointments at ports of entry. However,
the app has been plagued by issues, including frequent crashes, flawed facial recognition
technology, and accessibility problems. As a result, asylum seekers have been left stranded in
Mexico for months, facing serious human rights violations. The mandatory use of CBP One
undermines the right to seek asylum and risks violating international law. Furthermore, the
app's use of facial recognition and GPS technologies raises concerns about mass surveillance,
privacy, and discrimination. Despite these issues, the US government continues to require the
use of CBP One, putting vulnerable communities at risk.

Source: www.amnesty.org

XVII. Questions to Consider (QARMA):

 How can the international community ensure the protection of migrants' and refugees
human rights, including the right to life, dignity, and non-discrimination?
 What measures can be taken to prevent human trafficking, smuggling, and exploitation
of migrants and refugees?
 How can the UNHRC and other international mechanisms be strengthened to monitor,
report, and address violations of migrants' and refugees' rights?
 How can technology and innovation be leveraged to enhance migrant and refugee
protection, inclusion, and empowerment?
 What are the specific needs and challenges faced by vulnerable migrant and refugee
populations, such as women, children and other individuals and how can they be
addressed?

XVIII. Conclusion:
In conclusion, protecting the rights of migrants and refugees is an imperative that demands
coordinated international efforts, robust legal frameworks, and comprehensive support systems.
The initiatives undertaken by international bodies, regional organizations, national
governments, and civil society illustrate a multifaceted approach to addressing the complex
challenges faced by these vulnerable populations.
 Non-governmental organizations and civil society play an essential role in advocating for the
rights of migrants and refugees, offering direct assistance, and raising awareness about their
plight. Grassroots and community-led initiatives further strengthen these efforts by ensuring
that the voices and needs of migrants and refugees are heard and addressed at the local level.

Looking ahead, future directions must focus on strengthening international cooperation,

enhancing legal protections, expanding support services, promoting safe migration pathways,
empowering migrants and refugees, and leveraging technology and innovation. By embedding
a human rights-based approach within the global migration governance architecture, we can
ensure that migrants and refugees are treated with dignity and respect, and that their rights are
upheld.

Ultimately, the protection of migrants and refugees is not just a humanitarian obligation but
also a crucial component of achieving global peace, security, and sustainable development. The
collective efforts of all stakeholders will be essential in realizing a future where the rights of
migrants and refugees are fully protected and their contributions to society are recognized and
valued.

XIX. References:

 https://www.britannica.com/topic/refugee
 https://www.amnesty.org/en/latest/campaigns/2015/10/eight-solutions-world-refugee-
crisis/
 https://www.iom.int/global-initiatives-addressing-migration
 https://lordslibrary.parliament.uk/refugees-and-asylum-seekers-uk-policy/
 https://www.unrefugees.org/news/syria-refugee-crisis-
explained/#:~:text=After%20over%20a%20decade%20of,homes%20in%20search%20of
%20safety
 https://www.ohchr.org/sites/default/files/Documents/Issues/Migration/MigrationHR_imp
rovingHR_Report.pdf