Understanding Migration and Displacement: Difference between revisions

No edit summary
No edit summary
 
(43 intermediate revisions by 4 users not shown)
Line 3: Line 3:


'''Top Contributors''' - {{Special:Contributors/{{FULLPAGENAME}}}}      
'''Top Contributors''' - {{Special:Contributors/{{FULLPAGENAME}}}}      
</div> <div align="justify">
</div>


== Introduction ==
== Introduction ==
There have been displaced persons spread throughout history, as long as there has been natural disaster, climate change, conflict, war, persecution, and political instability. According to the United Nations High Commissioner for Refugees (UNHCR) at the end of 2020 there were 82.4 Million people worldwide who have forcibly had to flee their home including 26.4 Million Refugees, 48 Million Internally Displaced Persons and over 4.1 million Asylum Seekers. Currently there are more refugees world-wide than there have been at any time since the end of World War 2.  
Migration is defined as the movement of persons away from their place of usual residence, either across an international border or within a state. It can be viewed both with positive connotations (e.g. moving to start a new job, seeking better living conditions) or with negative connotations (e.g. escaping political oppression, conflict, violence, disaster or human rights violations). It is generally accompanied by a significant change in the cultural set up of both the migrants and the host community.<ref name=":1">Slutzky CE. Migration and family conflict. Family process. 1979 Dec;18(4):379-90. https://www.researchgate.net/publication/22613988_Migration_and_Family_Conflict
</ref> According to the Migration Data Portal, at the end of 2020 there were 280.6 million migrants globally.<ref>Migration Data Portal. The Bigger Picture. Available from: https://www.migrationdataportal.org/international-data?i=stock_abs_&t=2020 (accessed 2 May 2022).</ref> Migration may begin internally but often crosses international boundaries, just as international migration may one day cycle back home.  


<blockquote>''"It is important to understand the background of the displaced person, because each one has been through different circumstances, have different backgrounds and different beliefs. The therapist need to know how to communicate with the displaced person and what they have been through, to overcome this"''  Anonymous Refugee</blockquote>
Displacement specifically is the forced movement of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of, or in order to, avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human-made disasters.<ref name=":4" /> There have been displaced persons spread throughout history as long as there has been natural or man-made disasters, climate change, conflict, war, persecution, and political instability. According to the United Nations High Commissioner for Refugees (UNHCR), at the end of 2021 there were 89.3 million people worldwide who have forcibly had to flee their homes as a result of persecution, conflict, violence, human rights violations or events seriously disturbing public order. This includes 27.1 million refugees, 53.2 million internally displaced persons and over 4.6 million asylum seekers. Currently there are more displaced persons world-wide than there have been at any time since the end of World War 2.<ref name=":2" />


== Terminology ==
There is a wide range of terminology focused around the movement of people, with terms often mixed together and sometimes used interchangeably. Although breaking down terminology might not seem important, it is increasingly recognised that language shapes our perception of reality. Thus, the words we use to talk about migration have an effect on how we think, talk and act about migration. Having a good understanding of these various terms is important for our understanding of displacement and its impact on the individual, family and community.<ref name=":4" />
There is a wide range of terminology focused around the movement of people, with terms often mixed together and sometimes used interchangeably.Although breaking down terminology might not seem important, it is increasingly recognised that language shapes our perception of reality, so the words we use to talk about migration have an effect on how we think, talk and act about migration. Having a good understanding of these various terms are important to have a greater understanding of displacement and the impact on the individual, family and community.  


=== Migrants ===
== Migration ==
There is no legally accepted definition of the term “migrants” at an international level, and as a result there is significant debate and dispute around who a migrant is. There are two main views in relation to migrant as a term; the ''inclusivist view'' recognises migrants as people who have moved from their usual place of residence, regardless of their legal status and their motivations for moving, while the ''residualist view'' sees migrants as those who have moved from their usual place of residence for every reason ''other than'' those fleeing war or persecution. <ref>meaningofmigrants.org. What Is The Meaning of Migrants?. Available from: https://meaningofmigrants.org/<nowiki/>(accessed 2 May 2022).</ref>
=== Types of Migration ===
# '''Internal Migration'''
#* "The movement of people within a State involving the establishment of a new temporary or permanent residence. [...] Internal migration movements can be temporary or permanent and include those who have been displaced from their habitual place of residence such as internally displaced persons, as well as persons who decide to move to a new place, such as in the case of rural–urban migration. The term also covers both nationals and non‐nationals moving within a State, provided that they move away from their place of habitual residence."<ref name=":4" />
# '''International Migration'''
#* "The movement of persons away from their place of usual residence and across an international border to a country of which they are not nationals." As for internal migration, this can be temporary or permanent and includes those who have been displaced from their "habitual place of residence", and people who have chosen to move to a new country. It excludes movements that are due to “recreation, holiday, visits to friends and relatives, business, medical treatment or religious pilgrimages”.<ref name=":4" />
 
=== Reasons for Migration ===
# '''Climate Migration'''
#* "The movement of a person or groups of persons who, predominantly for reasons of sudden or progressive change in the environment due to climate change, are obliged to leave their habitual place of residence, or choose to do so, either temporarily or permanently, within a State or across an international border. "<ref name=":4" />
# '''Labour Migration'''
#* "Movement of persons from one State to another, or within their own country of residence, for the purpose of employment."<ref name=":4" /> This includes migrants moving within the country and across international borders.<ref name=":4" />
# '''Irregular Migration'''
#* "Movement of persons that takes place outside the laws, regulations, or international agreements governing the entry into or exit from the State of origin, transit or destination."<ref name=":4" /> It is generally used to "identify persons moving outside regular migration channels." These migrants may have had no other option but to use these irregular migration channels. It may include: asylum seekers, victims of trafficking, or unaccompanied migrant children.<ref name=":4" />
# '''Forced Migration or Displacement'''
#* "The movement of persons who have been forced or obliged to flee or leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, generalized violence, violations of human rights or natural or human-made disasters."<ref name=":4" />
 
=== Carlos Sluzki’s Model of Migration ===
The process of migration can be divided into the following discrete stages. Each step has unique features that trigger different  coping mechanisms and showcases different kinds of conflicts and symptoms.<ref name=":1" />
#'''Preparatory Stage:'''
#* The first stage begins with the decision 'to move' made by the members of the family. It involves the exchange of letters, a request for visa applications, or any other act that substantiates the intent to migrate. It has a varied time frame. The stage is marked by a course of ups and downs, a short period of euphoria followed by a brief period of dismay. The poor performance of individuals seen in this stage is due to the result of efforts, tensions, and emotions.<ref name=":1" />
#'''The Act of Migration:'''
#* The migrant undergoes a painful journey with little or no celebrated custom upon arrival. The act of migration may take a considerable amount of time. War-displaced people may have to stay in transient camps in various countries before making it to their final destination. The mode of the migratory act may also vary considerably.<ref name=":1" />
#'''Period of Overcompensation:'''
#* The stress following the migratory act is generally not seen in the weeks or months following the migration. Most of the time, the participants are unaware of the stressful nature of the entire experience and its cumulative influence. In the period immediately following migration, the priority of the family is absolute survival, i.e., the satisfaction of the basic needs. The new immigrant may show a clear focus of attention-of-consciousness, but the overall field of consciousness may be blurred or clouded. Many families manage to establish a relative halt on the process of acculturation and accommodation for months, so the conflicts tend to stay dormant in this period.<ref name=":1" />
#'''Period of Decompensation or Crisis:'''
#* The reshaping of the new reality, identity, and compatibility with the environment takes place in this phase. This stage is marked by conflicts. There is a frequent need to retain certain family habits though they differ from the new context while letting off other traits as they differ from the original culture. This phase is delicate and often challenging but is unavoidable. It creeps into the family, leading to clashes. The family coping effects express themselves in the course of the months, sometimes years, after the migration.<ref name=":1" />
#'''Transgenerational Impact:'''
#* Delay in the adaptive mechanism becomes evident in the second generation of migrated families. An environment similar to the country of origin generally slows down the adaptive changes, and no consequences are seen if the second generation socialises in this secluded environment. However, if the process of socialisation occurs in diverse habitats, then whatever has been avoided by a first-generation will appear in the second one. This is generally expressed as a clash between generations called an intergenerational conflict of values.<ref name=":1" />
 
=== Migrant ===
There is no legally accepted definition of the term “migrant” at an international level, and as a result, there is significant debate and dispute around who a migrant is. There are two main views in relation to migrant as a term: the ''inclusivist view'' recognises migrants as people who have moved from their usual place of residence, regardless of their legal status and their motivations for moving; the ''residualist view'' sees migrants as those who have moved from their usual place of residence for every reason ''other than'' those fleeing war or persecution. <ref>meaningofmigrants.org. What Is The Meaning of Migrants?. Available from: https://meaningofmigrants.org/<nowiki/>(accessed 2 May 2022).</ref>


[[File:Meaning-of-migrants-one-page.jpg|thumb|500x500px|'''Figure.1''' The Meaning of Migrants <ref>meaningofmigrants.org. One Page Overview. Available from: https://meaningofmigrants.org/ (accessed 2 May 2022).</ref>]]The United Nations’ International Organization for Migration (IOM) uses an inclusivist view that sees migrant as an umbrella term for any person who has resided away from their usual place of residence, whether within a country or across an international border, regardless of the person’s legal status; whether the movement is involuntary or voluntary; whatever the reason for the movement are; or, what the length of the stay is. <ref>International Organization for Migration. Key Migration Terms. Available from: https://www.iom.int/key-migration-terms (accessed 2 May 2022).</ref> While the United Nations Convention International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the United Nations Refugee Agency use a residualist view, where the term 'migrants' refers only to situations where the decision to migrate is taken freely by the individual concerned, for reasons of 'personal convenience' to improve their lives and standard of living through: finding work, seeking better education and reuniting with family and without intervention of an external compelling factor due to direct threat or persecution.
The United Nations’ International Organization for Migration (IOM) uses an inclusivist view that sees migrant as an umbrella term for any person who has resided away from their usual place of residence, whether within a country or across an international border, regardless of the person’s legal status; whether the movement is involuntary or voluntary; whatever the reason for the movement is; or, what the length of the stay is.<ref name=":4">International Organization for Migration. Key Migration Terms. Available from: https://www.iom.int/key-migration-terms (accessed 2 May 2022).</ref>  
<br>
<br>
Migration has always existed, and will continue long in to the future but the term migrants has become more politically loaded over the years, and remains a contentious point of discussion. Consistent public debate is challenging when multiple definitions exist. Every migrant is a unique person protected by human rights, while some migrants may have specific vulnerabilities and as a result have particular rights because of who they are or what they have experienced for example children, people with a disability, survivors of trafficking, and refugees. The use of ‘migrants’ as a label for all should always go hand in hand with recognizing and protecting the rights of specific groups.  
However, the United Nations Convention International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families <ref>United Nations. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Available from: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-protection-rights-all-migrant-workers (accessed 22 May 2022).</ref>, and the United Nations Refugee Agency<ref>UNHCR Ireland. Asylum and Migration. Available from: https://www.unhcr.org/en-ie/asylum-and-migration.html (accessed 2 May 2022).</ref> use a residualist view. The term 'migrant' refers only to situations where the decision to migrate is taken freely by the individual concerned, for reasons of 'personal convenience' to improve their lives and standard of living through: finding work, seeking better education and reuniting with family and without intervention of an external compelling factor due to direct threat or persecution. <ref name=":5" />
 
[[File:Meaning-of-migrants-one-page.jpg|thumb|500x500px|'''Figure.1''' The Meaning of Migrants <ref name=":5">meaningofmigrants.org. One Page Overview. Available from: https://meaningofmigrants.org/ (accessed 2 May 2022).</ref>|alt=|center]]
== Displacement or Forced Migration ==
Forced migration or displacement refers to the "movement of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters."<ref name=":4" /> This migration can be either within their own country or between countries after being displaced from their home country. There are some differences between the different types of displaced persons which we will explore below.
 
=== Internally Displaced Person ===
According to the ''[https://cms.emergency.unhcr.org/documents/11982/44794/UN%2C+Guiding+Principles+on+Internal+Displacement%2C+1998/47806967-dd92-4d67-ad47-578aa8b5d11f United Nations Guiding Principles on Internal Displacement],'' an Internally Displaced Person (IDP), are "persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognised state border."<ref>United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), ''Guiding Principles on Internal Displacement''. 2004. Available from: https://cms.emergency.unhcr.org/documents/11982/44794/UN%2C+Guiding+Principles+on+Internal+Displacement%2C+1998/47806967-dd92-4d67-ad47-578aa8b5d11f [Accessed 27th June 2020].</ref> There are two important elements in the IDP definition: the '''''<u>movement is involuntary</u>''''' and takes place '''''<u>within national borders</u>'''''. Prevention of forced displacement and the protection of IDPs is the primary responsibility of the national authority.  
 
While often referred to as refugees, IDPs do not fall within the legal definitions of a refugee as they remain entitled to all the rights and guarantees as citizens and other habitual residents of their home country and remain under the protection of its government. In many cases, the displacement occurs as a result of the government. This can make IDPs more vulnerable to further displacement and other protection risks, such as lack of access to basic services, family separation, sexual and gender based violence, trafficking, discrimination and harassment.<ref name=":6">United Nations High Commissioner for Refugees (UNHCR). Emergency Handbook - IDP Definition. Available from: https://emergency.unhcr.org/entry/67716/idp-definition (Accessed 2nd June 2020).</ref>    <ref>United Nations High Commissioner for Refugees (UNHCR) Ireland. Internally Displaced People. Available from: https://www.unhcr.org/en-ie/internally-displaced-people.html (Accessed 27th July 2020).</ref>
 
According to the Internal Displacement Monitoring Centre (IDMC), at the end of 2021, there were 59.1 million IDPs; 53.2 million as a result of conflict, violence or human rights violations and 5.9 million as a result of disaster. Syria (6,662,000), Afghanistan (5,704,000), Democratic Republic of the Congo (5,540,000), Colombia (5,236,400), Yemen (4,300,000) and Ethiopia (4,168,000) are countries with some of the largest internally displaced populations. <ref>Internal Displacement Monitoring Centre. Global Internal Displacement Database. Available from: https://www.internal-displacement.org/database/displacement-data (accessed 15 May 2022).</ref>
 
=== Asylum Seeker ===
An asylum seeker is someone who claims to be a refugee, but whose claim has not yet been fully evaluated. When people flee their own country and seek sanctuary in another country, they apply for asylum or the right to be recognised as a refugee and receive legal protection and material assistance. An asylum seeker must demonstrate that their fear of persecution in their home country is well-founded. <ref name=":4" />
 
This person would have applied for asylum on the grounds that returning to their home country would lead to persecution on account of race, religion, nationality or political beliefs. Someone is an asylum seeker for so long as their application is pending. Not every asylum seeker will be recognised as a refugee, but every refugee is initially an asylum seeker. According to the UNHCR Global Trends 2021, at the end of 2021 there were 4.6 million asylum seekers globally.<ref name=":2">UNHCR.Global Trends 2021. Available from: https://www.unhcr.org/globaltrends (accessed 24 June 2022).</ref>
 
=== Refugee ===
A refugee is someone who has been forced to flee their country and crossed an international border to find safety in another country as a result of persecution, war or violence. Refugees are defined by the 1951 Refugee Convention as: “someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.”<ref name=":4" /><ref name=":6" /> The leading causes of refugees fleeing their home country include war, ethnic, tribal and religious violence, with their situation so perilous that they cross national borders to seek safety in nearby countries and seek to gain access to assistance from other states and aid organisations.
 
A vital part of being recognised as a refugee is Refugee Status Determination (RSD).<ref name=":7">UNHCR Ireland. Refugee Status Determination. Available from: https://www.unhcr.org/en-ie/refugee-status-determination.html (accessed 2 June 2022).</ref> This is a legal process that governments or the UNHCR use to determine whether a person seeking international protection is considered a refugee under International, National or Regional Law. The process can be lengthy, complicated and is certainly imperfect. There is still no single uniting model for RSD. States do have the primary responsibility for determining the status of asylum seekers but UNHCR will step in where states are unable or unwilling.<ref name=":7" />
 
According to the UNHCR Global Report 2021, at the end of 2021 there were 27.1 million refugees globally, with 69% of those coming from just five countries; Syrian Arab Republic (6.8 Million), Venezuela (4.6 million), Afghanistan (2.7 million), South Sudan (2.4 million) and Myanmar (1.2 million). <ref>UNHCR. Refugee Data Finder. Available from: https://www.unhcr.org/refugee-statistics/ (accessed 24 June 2022).</ref>
 
=== Stateless Person ===
Stateless persons have been described as "non-persons, unclaimed, outcasts, legal ghosts or the ultimate forgotten people". These expressions reflect the dramatic impact that statelessness can have on an individual’s enjoyment of human rights and overall well-being. While the term "stateless" may imply being without a state, according to the United Nations High Commissioner for Refugees (UNHCR), the international legal definition of a stateless person is “a person who is not considered as a national by any State under the operation of its law”. As such, a stateless person is someone who is not a citizen of any country, which can occur due to a variety of reasons, including sovereign, legal, technical or administrative decisions or oversights including:<ref name=":3" />
 
* the transfer of territory or sovereignty which alters the nationality status of some citizens of the former state(s), leaving them without citizenship
* arbitrary deprivation of nationality of either individuals or groups by a government
* administrative oversights, misunderstandings or conflicts of law – for instance when a child is born in a country that grants nationality by descent only, but the laws of the state of which the parents are nationals grant citizenship by birth only on their territory
* administrative or procedural problems such as excessive fees, unrealistic deadlines, lack of appeal or review procedures and failure to notify individuals of registration or other obligations
* individual renunciation of one nationality without first acquiring another citizenship
* nationality may be automatically altered in the case of marriage or dissolution of a marriage between couples from different countries
* failure to register children at birth so there is no proof of where or to whom they were born
* birth to a stateless person<ref name=":3">The World’s Stateless People. Questions & Answers”, UNHCR, 2006.</ref>
<br>Citizenship is the legal bond between a government and an individual, and allows for certain political, economic, social and other rights of the individual, as well as the responsibilities of both government and citizen. The UNHCR’s estimated number of stateless persons is 4.2 million, although this number could be much higher due to limited data, with the Rohingya from Myanmar the largest stateless population for whom data is available.<ref>Institute on Statelessness and Inclusion (ISI), Statelessness in Numbers: 2020 An Overview and Analysis of Global Statistics. 2020. Available from: https://files.institutesi.org/ISI_statistics_analysis_2020.pdf [Accessed 15 May 2022].</ref><ref>United Nations High Commissioner for Refugees (UNHCR), Global Report. 2020. Available from: https://reporting.unhcr.org/sites/default/files/gr2020/pdf/GR2020_English_Full_lowres.pdf#_ga=2.169929632.1407405598.1653036767-885200820.1645807158 [Accessed 20 May 2022].</ref>
 
The following categories of persons may be at particular risk of statelessness when they have difficulties establishing their nationality:
 
* migrant populations where difficulties to prove identity and nationality affect two or more generations
* persons living in border areas
* minorities and persons who have perceived or actual ties with foreign countries
* nomadic or semi-nomadic populations
* persons who have been trafficked or smuggled<ref name=":3" /><ref>UNHCR Emergency Handbook. Statelessness. Available from: https://emergency.unhcr.org/entry/52865/stateless-person-definition (accessed 2 June 2022).</ref>
 
=== Human Trafficking ===
According to the [https://www.ohchr.org/en/instruments-mechanisms/instruments/protocol-prevent-suppress-and-punish-trafficking-persons Protocol to Prevent, Suppress and Punish Trafficking in Persons] “Trafficking in Persons” is defined as ''"the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs".'' (Article 3, paragraph (a)).<ref>Annex, I.I., 2000. Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations convention against transnational organized crime. In ''Vienna: United Nations Office on Drugs and Crime, United Nations Convention against Transnational Organized Crime and the Protocols Thereto''.</ref>
 
Human trafficking is another form of forced displacement. Men, women and children of all ages and from all backgrounds can become victims of this crime, which occurs in every region of the world. The traffickers often use violence or fraudulent employment agencies and fake promises of education and job opportunities to trick and coerce their victims. Humanitarian crises such as those associated with conflicts or natural disasters may exacerbate pre-existing trafficking trends and give rise to new ones. While some forms of trafficking could be a direct result of crises, such as exploitative sexual services demanded by armed groups or the forced recruitment of child soldiers, others are less evident, with traffickers thriving on the widespread human, material, social and economic losses caused by crises and the inability of families and communities to protect themselves and their children.<ref>United Nations Office on Drugs and Crime (UNDOC) E4J University Module Series: Trafficking in Persons & Smuggling of Migrants. Module 7: Prevention of Trafficking in Persons 2019. Available from: https://www.unodc.org/e4j/zh/tip-and-som/module-7/key-issues/root-causes.html [access 23 June 2022]</ref> States have an obligation to correctly identify victims of trafficking to ensure that their rights are not further violated and that they can access assistance, protection measures and solutions, including physical and mental health support, witness protection and remedies.<ref>United Nations Office on Drugs and Crime (UNDOC)
 
E4J University Module Series: Trafficking in Persons & Smuggling of Migrants - Module 8: A Human Rights-Based Approach to Trafficking in Persons 2019. Available from: https://www.unodc.org/e4j/zh/tip-and-som/module-8/key-issues/protection-under-the-protocol-against-trafficking-in-persons.html [access 23 June 2022]</ref> 
 
=== Human Smuggling ===
According to the [https://www.ohchr.org/en/instruments-mechanisms/instruments/protocol-against-smuggling-migrants-land-sea-and-air Protocol against the Smuggling of Migrants by Land, Sea and Air,] “Smuggling of migrants” is defined as ''"the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident";'' <ref>Annex, I.II., 2000. Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations convention against transnational organized crime. In ''Vienna: United Nations Office on Drugs and Crime, United Nations Convention against Transnational Organized Crime and the Protocols Thereto''.</ref>
 
Smuggling of migrants affects all regions of the world. Given increasing obstacles to access safety, many displaced persons and other persons in need of international protection are often compelled to use smugglers as their only means to flee persecution, conflict, violence and human rights violations. Smuggling need not include any form of force, coercion, deception, or abuse of power, but in many situations these may be present, and every year thousands of migrants die as a result of smuggling activities.<ref>UNODC, Global Study on Smuggling of Migrants 2018 (United Nations publication, Sales No. E.18.IV.9).</ref>
 
== Conclusion ==
Migration has always existed, and will continue long into the future but the term "migrants" has become more politically loaded over the years, and remains a contentious point of discussion. Consistent public debate is challenging when multiple definitions exist and terminology is used interchangeably. While many individuals migrate out of choice, many others migrate out of necessity and for many they are forced to leave their home. Every migrant is a unique person protected by human rights. Some migrants may have specific vulnerabilities and, as a result, have particular rights because of who they are or what they have experienced (e.g. children, people with a disability, survivors of trafficking, stateless persons and refugees). The use of ‘migrants’ as a label for all should always go hand in hand with recognising and protecting the rights of each of the specific groups identified above.<blockquote>''"It is important to understand the background of the displaced person, because each one has been through different circumstances, have different backgrounds and different beliefs. The therapist need to know how to communicate with the displaced person and what they have been through, to overcome this"''  Anonymous Refugee from [https://prosjekt.hvl.no/prep/prep-project/ t''he Physiotherapy and Refugees Education Project (PREP)''] </blockquote>
 
== Optional Resources ==
=== Terminology ===
* [https://publications.iom.int/books/international-migration-law-ndeg34-glossary-migration Glossary on Migration], International Organization for Migration
* [https://unesdoc.unesco.org/ark:/48223/pf0000163621 People on the Move: Handbook of Selected Terms and Concepts], UNESCO
 
=== Migrants ===
* [https://yorkspace.library.yorku.ca/xmlui/bitstream/handle/10315/8018/Journal%20of%20Refugee%20Studies-1993-RICHMOND-7-24.pdf Reactive Migration: Sociological Perspectives of Refugee Movements], Anthony Richmond, ''Journal of Refugee Studies'' (1993)
* [https://www.researchgate.net/publication/46468433_Managing_Mobility_for_Human_Development_The_Growing_Salience_of_Mixed_Migration Managing Mobility for Human Development: The Growing Salience of Mixed Migration], Nicholas Van Hear, ''UNDP Human Development Research Paper'' (2009)
* [https://doi.org/10.1093/migration/mns001 When Refugees Stopped Being Migrants: Movement, Labour & Humanitarian Protection], Katy Long, ''Migration Studies'' (2013)
* [https://www.prio.org/utility/DownloadFile.ashx?id=326&type=publicationfile Refugee Advocacy and the Meaning of ‘Migrants’], Jørgen Carling, ''PRIO Policy Brief'' (2017)
* [http://www.tandfonline.com/doi/full/10.1080/1369183X.2017.1384149 Forced to Leave? The Discursive and Analytical Significance of Describing Migration as Forced and Voluntary], Marta Bivand Erdal and Ceri Oeppen, ''Journal of Ethnic and Migration Studies'' (2017)


<div class="row">
<div class="row">
Line 25: Line 126:
</div>
</div>


=== Internally Displaced Person ===
=== Internally Displaced Persons ===
According to the ''[https://cms.emergency.unhcr.org/documents/11982/44794/UN%2C+Guiding+Principles+on+Internal+Displacement%2C+1998/47806967-dd92-4d67-ad47-578aa8b5d11f United Nations Guiding Principles on Internal Displacement],'' an Internally Displaced Person (IDP), are "persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognised state border." <ref>United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), ''Guiding Principles on Internal Displacement''. 2004. Available from: https://cms.emergency.unhcr.org/documents/11982/44794/UN%2C+Guiding+Principles+on+Internal+Displacement%2C+1998/47806967-dd92-4d67-ad47-578aa8b5d11f [Accessed 27th June 2020].</ref> There are two important elements in the IDP definition: the '''''<u>movement is involuntary</u>''''' and takes place '''''<u>within national borders</u>'''''. Prevention of forced displacement and the protection of IDPs is the primary responsibility of the national authority.  
*[https://www.unhcr.org/en-ie/5ad5a43a7 Handbook for the Protection of Internally Displaced Persons]
 
*[https://cms.emergency.unhcr.org/documents/11982/44794/UN%2C+Guiding+Principles+on+Internal+Displacement%2C+1998/47806967-dd92-4d67-ad47-578aa8b5d11f United Nations Guiding Principles on Internal Displacement]
While often referred to as refugees, IDP's do not fall within the legal definitions of a refugee as they remain entitled to all the rights and guarantees as citizens and other habitual residents of their home country and remain under the protection of its government. In many cases the displacement occurs as a result of the government, which can make IDP's more vulnerable to further displacement and other protection risks, such as lack of access to basic services, family separation, sexual and gender based violence, trafficking, discrimination and harassment.<ref>United Nations High Commissioner for Refugees (UNHCR). Emergency Handbook - IDP Definition. Available from: https://emergency.unhcr.org/entry/67716/idp-definition (Accessed 2nd June 2020).</ref>    <ref>United Nations High Commissioner for Refugees (UNHCR) Ireland. Internally Displaced People. Available from: https://www.unhcr.org/en-ie/internally-displaced-people.html (Accessed 27th July 2020).</ref>
*[https://www.unhcr.org/en-ie/50f9551f9 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention)]
 
*[https://reporting.unhcr.org/sites/default/files/UNHCR%20Initiative%20on%20Internal%20Displacement%202020-2021.pdf#_ga=2.202635409.1855004314.1595792506-994060578.1595792506 UNHCR’S Initiative on Internal Displacement 2020 - 2021.]
According to the Internal Displacement Monitoring Centre (IDMC) at the end of 2021 there were 59.1 million IDP's; 53.2million as a result of conflict, violence or human rights violations and 5.9 million as a result of disaster. Syria (6,662,000), Afghanistan (5,704,000), Democratic Republic of the Congo (5,540,000), Colombia (5,236,400), Yemen (4,300,000) and Ethiopia (4,168,000) are countries with some of the largest internally displaced populations.  <ref>Internal Displacement Monitoring Centre. Global Internal Displacement Database. Available from: https://www.internal-displacement.org/database/displacement-data (accessed 15 May 2022).</ref>


<div class="row">
<div class="row">
Line 38: Line 138:
</div>
</div>


=== Asylum Seeker ===
=== Asylum Seekers and Refugees ===
When people flee their own country and seek sanctuary in another country, they apply for asylum or the right to be recognised as a refugee and receive legal protection and material assistance. An asylum seeker must demonstrate that their fear of persecution in their home country is well-founded. 
* [https://publications.iom.int/books/international-migration-law-ndeg34-glossary-migration A guide to international refugee protection and building state asylum systems], UNHCR
 
An asylum seeker is someone who claims to be a refugee but whose claim has not yet been fully evaluated. This person would have applied for asylum on the grounds that returning to their home country would lead to persecution on account of race, religion, nationality or political beliefs. Someone is an asylum seeker for so long as their application is pending. So not every asylum seeker will be recognised as a refugee, but every refugee is initially an asylum seeker. 


<div class="row">
<div class="row">
Line 48: Line 146:
</div>
</div>


=== Refugee ===
=== Refugees ===
A refugee is someone who has been forced to flee their country and crossed an international border to find safety in another country as a result of persecution, war or violence. Refugees are defined by the 1951 Refugee Convention as: “someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.” The leading causes of refugees fleeing their home country include war, ethnic, tribal and religious violence, with their situation so perilous that they cross national borders to seek safety in nearby countries and seek to gain access to assistance from other states and aid organisations.
* [https://www.unhcr.org/en-ie/publications/legal/5ddfcdc47/handbook-procedures-criteria-determining-refugee-status-under-1951-convention.html Handbook On Procedures And Criteria For Determining Refugee Status And Guidelines On International Protection], UNHCR
 
* [https://www.unhcr.org/46f7c0ee2.html Resettlement Handbook including Country Chapters], UNHCR
A vital part of being recognised as a refugee is Refugee Status Determination (RSD), a legal process that governments or UNHCR use to determine whether a person seeking international protection is considered a refugee under International, National or Regional Law.The process can be lengthy, complicated and is certainly imperfect. There is still no single uniting model for RSD. States do have the primary responsibility for determining the status of asylum seekers but UNHCR will step in where states are unable or unwilling.
 
Currently just five countries; Syria, Venezuela, Afghanistan, South Sudan and Myanmar, account for 68% of all those displaced across borders.


<div class="row">
<div class="row">
Line 61: Line 156:


=== Stateless Person ===
=== Stateless Person ===
According to the United Nations High Commissioner for Refugees (UNHCR), a stateless person is someone who is not a citizen of any country, which can occur due to a variety of reasons, including sovereign, legal, technical or administrative decisions or oversights. Citizenship is the legal bond between a government and an individual, and allows for certain political, economic, social and other rights of the individual, as well as the responsibilities of both government and citizen.
* [https://www.unhcr.org/uk/protection/statelessness/519e20989/protecting-rights-stateless-persons-january-2014.html Protecting the Rights of Stateless Persons - The 1954 Convention relating to the Status of Stateless Persons], UNHCR 2014
* [https://www.refworld.org/topic,50ffbce524d,50ffbce5268,61c97bea4,0,,,.html Citizenship and Statelessness in the Horn of Africa,] UNHCR 2021
* [https://www.refworld.org/topic,50ffbce524d,50ffbce5268,60e31bc94,0,,,.html Evaluation of UNHCR-led Initiatives to end Statelessness,] UNHCR 2021
* [https://www.refworld.org/topic,50ffbce524d,50ffbce5268,6221ec1a4,0,,,.html Background Note on Gender Equality, Nationality Laws and Statelessness 2022], UNHCR 2022
* [https://www.refworld.org/topic,50ffbce524d,50ffbce5268,617c01da4,0,,,.html Statelessness and Climate Change], UNHCR and Norweigan Refugee Council 2021
* [https://www.refworld.org/topic,50ffbce524d,50ffbce5268,6054c9ca4,0,,,.html Quick Guides, Researching Statelessness], UNHCR Division of International Protection 2021
* [https://www.refworld.org/topic/50ffbce524d/50ffbce5268.html#SRTop51 Nationality and Statelessness / Statelessness,] RefWorld List of relevant documents on Statelessness


<div class="row">
<div class="row">
Line 68: Line 169:
</div>
</div>


== Resources  ==
=== Human Trafficking and Smuggling ===
=== Migrants ===
* [https://www.unodc.org/unodc/en/human-trafficking/migrant-smuggling/toolkit-to-combat-smuggling-of-migrants.html UNODC Toolkit to Combat the Smuggling of Migrants]


* [https://yorkspace.library.yorku.ca/xmlui/bitstream/handle/10315/8018/Journal%20of%20Refugee%20Studies-1993-RICHMOND-7-24.pdf Reactive Migration: Sociological Perspectives of Refugee Movements], Anthony Richmond, ''Journal of Refugee Studies'' (1993)
<div class="row">
* [http://hdr.undp.org/sites/default/files/hdrp_2009_20.pdf Managing Mobility for Human Development: The Growing Salience of Mixed Migration], Nicholas Van Hear, ''UNDP Human Development Research Paper'' (2009)
  <div class="col-md-6"> {{#ev:youtube|4IZWnMXHnSU|250}} <div class="text-right"><ref>UNODC - United Nations Office on Drugs and Crime. Introducing Trafficking in Persons and Smuggling of Migrants. Available from: https://youtu.be/4IZWnMXHnSU[last accessed 20/06/22]</ref></div></div>
* [https://doi.org/10.1093/migration/mns001 When Refugees Stopped Being Migrants: Movement, Labour & Humanitarian Protection], Katy Long, ''Migration Studies'' (2013)
  <div class="col-md-6">{{#ev:youtube|A_Oe24le2mY|250}} <div class="text-right"><ref>
* [https://www.prio.org/utility/DownloadFile.ashx?id=326&type=publicationfile Refugee Advocacy and the Meaning of ‘Migrants’], Jørgen Carling, ''PRIO Policy Brief'' (2017)
Melissa Siegel. Human Trafficking vs Smuggling. Available from: https://youtu.be/A_Oe24le2mY[last accessed 20/06/22]</ref></div></div>
* [http://www.tandfonline.com/doi/full/10.1080/1369183X.2017.1384149 Forced to Leave? The Discursive and Analytical Significance of Describing Migration as Forced and Voluntary], Marta Bivand Erdal and Ceri Oeppen, ''Journal of Ethnic and Migration Studies'' (2017)
</div>
 
=== Internally Displaced Persons ===
*[https://www.unhcr.org/en-ie/5ad5a43a7 Handbook for the Protection of Internally Displaced Persons]
*[https://cms.emergency.unhcr.org/documents/11982/44794/UN%2C+Guiding+Principles+on+Internal+Displacement%2C+1998/47806967-dd92-4d67-ad47-578aa8b5d11f United Nations Guiding Principles on Internal Displacement]
*[https://www.unhcr.org/en-ie/50f9551f9 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention)]
*[https://reporting.unhcr.org/sites/default/files/UNHCR%20Initiative%20on%20Internal%20Displacement%202020-2021.pdf#_ga=2.202635409.1855004314.1595792506-994060578.1595792506 UNHCR’S Initiative on Internal Displacement 2020 - 2021.]
 
=== Asylum Seekers ===
 
=== Refugees ===
 
=== Stateless Person ===


== References  ==
== References  ==
Line 93: Line 182:


[[Category:PREP Content Development Project]]
[[Category:PREP Content Development Project]]
[[Category:Refugees]]
[[Category:Displaced Persons]]
[[Category:Course Pages]]
[[Category:ReLAB-HS Course Page]]

Latest revision as of 22:37, 6 March 2023

Introduction[edit | edit source]

Migration is defined as the movement of persons away from their place of usual residence, either across an international border or within a state. It can be viewed both with positive connotations (e.g. moving to start a new job, seeking better living conditions) or with negative connotations (e.g. escaping political oppression, conflict, violence, disaster or human rights violations). It is generally accompanied by a significant change in the cultural set up of both the migrants and the host community.[1] According to the Migration Data Portal, at the end of 2020 there were 280.6 million migrants globally.[2] Migration may begin internally but often crosses international boundaries, just as international migration may one day cycle back home.

Displacement specifically is the forced movement of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of, or in order to, avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human-made disasters.[3] There have been displaced persons spread throughout history as long as there has been natural or man-made disasters, climate change, conflict, war, persecution, and political instability. According to the United Nations High Commissioner for Refugees (UNHCR), at the end of 2021 there were 89.3 million people worldwide who have forcibly had to flee their homes as a result of persecution, conflict, violence, human rights violations or events seriously disturbing public order. This includes 27.1 million refugees, 53.2 million internally displaced persons and over 4.6 million asylum seekers. Currently there are more displaced persons world-wide than there have been at any time since the end of World War 2.[4]

There is a wide range of terminology focused around the movement of people, with terms often mixed together and sometimes used interchangeably. Although breaking down terminology might not seem important, it is increasingly recognised that language shapes our perception of reality. Thus, the words we use to talk about migration have an effect on how we think, talk and act about migration. Having a good understanding of these various terms is important for our understanding of displacement and its impact on the individual, family and community.[3]

Migration[edit | edit source]

Types of Migration[edit | edit source]

  1. Internal Migration
    • "The movement of people within a State involving the establishment of a new temporary or permanent residence. [...] Internal migration movements can be temporary or permanent and include those who have been displaced from their habitual place of residence such as internally displaced persons, as well as persons who decide to move to a new place, such as in the case of rural–urban migration. The term also covers both nationals and non‐nationals moving within a State, provided that they move away from their place of habitual residence."[3]
  2. International Migration
    • "The movement of persons away from their place of usual residence and across an international border to a country of which they are not nationals." As for internal migration, this can be temporary or permanent and includes those who have been displaced from their "habitual place of residence", and people who have chosen to move to a new country. It excludes movements that are due to “recreation, holiday, visits to friends and relatives, business, medical treatment or religious pilgrimages”.[3]

Reasons for Migration[edit | edit source]

  1. Climate Migration
    • "The movement of a person or groups of persons who, predominantly for reasons of sudden or progressive change in the environment due to climate change, are obliged to leave their habitual place of residence, or choose to do so, either temporarily or permanently, within a State or across an international border. "[3]
  2. Labour Migration
    • "Movement of persons from one State to another, or within their own country of residence, for the purpose of employment."[3] This includes migrants moving within the country and across international borders.[3]
  3. Irregular Migration
    • "Movement of persons that takes place outside the laws, regulations, or international agreements governing the entry into or exit from the State of origin, transit or destination."[3] It is generally used to "identify persons moving outside regular migration channels." These migrants may have had no other option but to use these irregular migration channels. It may include: asylum seekers, victims of trafficking, or unaccompanied migrant children.[3]
  4. Forced Migration or Displacement
    • "The movement of persons who have been forced or obliged to flee or leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, generalized violence, violations of human rights or natural or human-made disasters."[3]

Carlos Sluzki’s Model of Migration[edit | edit source]

The process of migration can be divided into the following discrete stages. Each step has unique features that trigger different coping mechanisms and showcases different kinds of conflicts and symptoms.[1]

  1. Preparatory Stage:
    • The first stage begins with the decision 'to move' made by the members of the family. It involves the exchange of letters, a request for visa applications, or any other act that substantiates the intent to migrate. It has a varied time frame. The stage is marked by a course of ups and downs, a short period of euphoria followed by a brief period of dismay. The poor performance of individuals seen in this stage is due to the result of efforts, tensions, and emotions.[1]
  2. The Act of Migration:
    • The migrant undergoes a painful journey with little or no celebrated custom upon arrival. The act of migration may take a considerable amount of time. War-displaced people may have to stay in transient camps in various countries before making it to their final destination. The mode of the migratory act may also vary considerably.[1]
  3. Period of Overcompensation:
    • The stress following the migratory act is generally not seen in the weeks or months following the migration. Most of the time, the participants are unaware of the stressful nature of the entire experience and its cumulative influence. In the period immediately following migration, the priority of the family is absolute survival, i.e., the satisfaction of the basic needs. The new immigrant may show a clear focus of attention-of-consciousness, but the overall field of consciousness may be blurred or clouded. Many families manage to establish a relative halt on the process of acculturation and accommodation for months, so the conflicts tend to stay dormant in this period.[1]
  4. Period of Decompensation or Crisis:
    • The reshaping of the new reality, identity, and compatibility with the environment takes place in this phase. This stage is marked by conflicts. There is a frequent need to retain certain family habits though they differ from the new context while letting off other traits as they differ from the original culture. This phase is delicate and often challenging but is unavoidable. It creeps into the family, leading to clashes. The family coping effects express themselves in the course of the months, sometimes years, after the migration.[1]
  5. Transgenerational Impact:
    • Delay in the adaptive mechanism becomes evident in the second generation of migrated families. An environment similar to the country of origin generally slows down the adaptive changes, and no consequences are seen if the second generation socialises in this secluded environment. However, if the process of socialisation occurs in diverse habitats, then whatever has been avoided by a first-generation will appear in the second one. This is generally expressed as a clash between generations called an intergenerational conflict of values.[1]

Migrant[edit | edit source]

There is no legally accepted definition of the term “migrant” at an international level, and as a result, there is significant debate and dispute around who a migrant is. There are two main views in relation to migrant as a term: the inclusivist view recognises migrants as people who have moved from their usual place of residence, regardless of their legal status and their motivations for moving; the residualist view sees migrants as those who have moved from their usual place of residence for every reason other than those fleeing war or persecution. [5]

The United Nations’ International Organization for Migration (IOM) uses an inclusivist view that sees migrant as an umbrella term for any person who has resided away from their usual place of residence, whether within a country or across an international border, regardless of the person’s legal status; whether the movement is involuntary or voluntary; whatever the reason for the movement is; or, what the length of the stay is.[3]
However, the United Nations Convention International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families [6], and the United Nations Refugee Agency[7] use a residualist view. The term 'migrant' refers only to situations where the decision to migrate is taken freely by the individual concerned, for reasons of 'personal convenience' to improve their lives and standard of living through: finding work, seeking better education and reuniting with family and without intervention of an external compelling factor due to direct threat or persecution. [8]

Figure.1 The Meaning of Migrants [8]

Displacement or Forced Migration[edit | edit source]

Forced migration or displacement refers to the "movement of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters."[3] This migration can be either within their own country or between countries after being displaced from their home country. There are some differences between the different types of displaced persons which we will explore below.

Internally Displaced Person[edit | edit source]

According to the United Nations Guiding Principles on Internal Displacement, an Internally Displaced Person (IDP), are "persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognised state border."[9] There are two important elements in the IDP definition: the movement is involuntary and takes place within national borders. Prevention of forced displacement and the protection of IDPs is the primary responsibility of the national authority.  

While often referred to as refugees, IDPs do not fall within the legal definitions of a refugee as they remain entitled to all the rights and guarantees as citizens and other habitual residents of their home country and remain under the protection of its government. In many cases, the displacement occurs as a result of the government. This can make IDPs more vulnerable to further displacement and other protection risks, such as lack of access to basic services, family separation, sexual and gender based violence, trafficking, discrimination and harassment.[10]   [11]

According to the Internal Displacement Monitoring Centre (IDMC), at the end of 2021, there were 59.1 million IDPs; 53.2 million as a result of conflict, violence or human rights violations and 5.9 million as a result of disaster. Syria (6,662,000), Afghanistan (5,704,000), Democratic Republic of the Congo (5,540,000), Colombia (5,236,400), Yemen (4,300,000) and Ethiopia (4,168,000) are countries with some of the largest internally displaced populations. [12]

Asylum Seeker[edit | edit source]

An asylum seeker is someone who claims to be a refugee, but whose claim has not yet been fully evaluated. When people flee their own country and seek sanctuary in another country, they apply for asylum or the right to be recognised as a refugee and receive legal protection and material assistance. An asylum seeker must demonstrate that their fear of persecution in their home country is well-founded. [3]

This person would have applied for asylum on the grounds that returning to their home country would lead to persecution on account of race, religion, nationality or political beliefs. Someone is an asylum seeker for so long as their application is pending. Not every asylum seeker will be recognised as a refugee, but every refugee is initially an asylum seeker. According to the UNHCR Global Trends 2021, at the end of 2021 there were 4.6 million asylum seekers globally.[4]

Refugee[edit | edit source]

A refugee is someone who has been forced to flee their country and crossed an international border to find safety in another country as a result of persecution, war or violence. Refugees are defined by the 1951 Refugee Convention as: “someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.”[3][10] The leading causes of refugees fleeing their home country include war, ethnic, tribal and religious violence, with their situation so perilous that they cross national borders to seek safety in nearby countries and seek to gain access to assistance from other states and aid organisations.

A vital part of being recognised as a refugee is Refugee Status Determination (RSD).[13] This is a legal process that governments or the UNHCR use to determine whether a person seeking international protection is considered a refugee under International, National or Regional Law. The process can be lengthy, complicated and is certainly imperfect. There is still no single uniting model for RSD. States do have the primary responsibility for determining the status of asylum seekers but UNHCR will step in where states are unable or unwilling.[13]

According to the UNHCR Global Report 2021, at the end of 2021 there were 27.1 million refugees globally, with 69% of those coming from just five countries; Syrian Arab Republic (6.8 Million), Venezuela (4.6 million), Afghanistan (2.7 million), South Sudan (2.4 million) and Myanmar (1.2 million). [14]

Stateless Person[edit | edit source]

Stateless persons have been described as "non-persons, unclaimed, outcasts, legal ghosts or the ultimate forgotten people". These expressions reflect the dramatic impact that statelessness can have on an individual’s enjoyment of human rights and overall well-being. While the term "stateless" may imply being without a state, according to the United Nations High Commissioner for Refugees (UNHCR), the international legal definition of a stateless person is “a person who is not considered as a national by any State under the operation of its law”. As such, a stateless person is someone who is not a citizen of any country, which can occur due to a variety of reasons, including sovereign, legal, technical or administrative decisions or oversights including:[15]

  • the transfer of territory or sovereignty which alters the nationality status of some citizens of the former state(s), leaving them without citizenship
  • arbitrary deprivation of nationality of either individuals or groups by a government
  • administrative oversights, misunderstandings or conflicts of law – for instance when a child is born in a country that grants nationality by descent only, but the laws of the state of which the parents are nationals grant citizenship by birth only on their territory
  • administrative or procedural problems such as excessive fees, unrealistic deadlines, lack of appeal or review procedures and failure to notify individuals of registration or other obligations
  • individual renunciation of one nationality without first acquiring another citizenship
  • nationality may be automatically altered in the case of marriage or dissolution of a marriage between couples from different countries
  • failure to register children at birth so there is no proof of where or to whom they were born
  • birth to a stateless person[15]


Citizenship is the legal bond between a government and an individual, and allows for certain political, economic, social and other rights of the individual, as well as the responsibilities of both government and citizen. The UNHCR’s estimated number of stateless persons is 4.2 million, although this number could be much higher due to limited data, with the Rohingya from Myanmar the largest stateless population for whom data is available.[16][17]

The following categories of persons may be at particular risk of statelessness when they have difficulties establishing their nationality:

  • migrant populations where difficulties to prove identity and nationality affect two or more generations
  • persons living in border areas
  • minorities and persons who have perceived or actual ties with foreign countries
  • nomadic or semi-nomadic populations
  • persons who have been trafficked or smuggled[15][18]

Human Trafficking[edit | edit source]

According to the Protocol to Prevent, Suppress and Punish Trafficking in Persons “Trafficking in Persons” is defined as "the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs". (Article 3, paragraph (a)).[19]

Human trafficking is another form of forced displacement. Men, women and children of all ages and from all backgrounds can become victims of this crime, which occurs in every region of the world. The traffickers often use violence or fraudulent employment agencies and fake promises of education and job opportunities to trick and coerce their victims. Humanitarian crises such as those associated with conflicts or natural disasters may exacerbate pre-existing trafficking trends and give rise to new ones. While some forms of trafficking could be a direct result of crises, such as exploitative sexual services demanded by armed groups or the forced recruitment of child soldiers, others are less evident, with traffickers thriving on the widespread human, material, social and economic losses caused by crises and the inability of families and communities to protect themselves and their children.[20] States have an obligation to correctly identify victims of trafficking to ensure that their rights are not further violated and that they can access assistance, protection measures and solutions, including physical and mental health support, witness protection and remedies.[21]

Human Smuggling[edit | edit source]

According to the Protocol against the Smuggling of Migrants by Land, Sea and Air, “Smuggling of migrants” is defined as "the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident"; [22]

Smuggling of migrants affects all regions of the world. Given increasing obstacles to access safety, many displaced persons and other persons in need of international protection are often compelled to use smugglers as their only means to flee persecution, conflict, violence and human rights violations. Smuggling need not include any form of force, coercion, deception, or abuse of power, but in many situations these may be present, and every year thousands of migrants die as a result of smuggling activities.[23]

Conclusion[edit | edit source]

Migration has always existed, and will continue long into the future but the term "migrants" has become more politically loaded over the years, and remains a contentious point of discussion. Consistent public debate is challenging when multiple definitions exist and terminology is used interchangeably. While many individuals migrate out of choice, many others migrate out of necessity and for many they are forced to leave their home. Every migrant is a unique person protected by human rights. Some migrants may have specific vulnerabilities and, as a result, have particular rights because of who they are or what they have experienced (e.g. children, people with a disability, survivors of trafficking, stateless persons and refugees). The use of ‘migrants’ as a label for all should always go hand in hand with recognising and protecting the rights of each of the specific groups identified above.

"It is important to understand the background of the displaced person, because each one has been through different circumstances, have different backgrounds and different beliefs. The therapist need to know how to communicate with the displaced person and what they have been through, to overcome this" Anonymous Refugee from the Physiotherapy and Refugees Education Project (PREP)

Optional Resources[edit | edit source]

Terminology[edit | edit source]

Migrants[edit | edit source]

Internally Displaced Persons[edit | edit source]

Asylum Seekers and Refugees[edit | edit source]

Refugees[edit | edit source]

Stateless Person[edit | edit source]

Human Trafficking and Smuggling[edit | edit source]

References[edit | edit source]

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Slutzky CE. Migration and family conflict. Family process. 1979 Dec;18(4):379-90. https://www.researchgate.net/publication/22613988_Migration_and_Family_Conflict
  2. Migration Data Portal. The Bigger Picture. Available from: https://www.migrationdataportal.org/international-data?i=stock_abs_&t=2020 (accessed 2 May 2022).
  3. 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 International Organization for Migration. Key Migration Terms. Available from: https://www.iom.int/key-migration-terms (accessed 2 May 2022).
  4. 4.0 4.1 UNHCR.Global Trends 2021. Available from: https://www.unhcr.org/globaltrends (accessed 24 June 2022).
  5. meaningofmigrants.org. What Is The Meaning of Migrants?. Available from: https://meaningofmigrants.org/(accessed 2 May 2022).
  6. United Nations. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Available from: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-protection-rights-all-migrant-workers (accessed 22 May 2022).
  7. UNHCR Ireland. Asylum and Migration. Available from: https://www.unhcr.org/en-ie/asylum-and-migration.html (accessed 2 May 2022).
  8. 8.0 8.1 meaningofmigrants.org. One Page Overview. Available from: https://meaningofmigrants.org/ (accessed 2 May 2022).
  9. United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), Guiding Principles on Internal Displacement. 2004. Available from: https://cms.emergency.unhcr.org/documents/11982/44794/UN%2C+Guiding+Principles+on+Internal+Displacement%2C+1998/47806967-dd92-4d67-ad47-578aa8b5d11f [Accessed 27th June 2020].
  10. 10.0 10.1 United Nations High Commissioner for Refugees (UNHCR). Emergency Handbook - IDP Definition. Available from: https://emergency.unhcr.org/entry/67716/idp-definition (Accessed 2nd June 2020).
  11. United Nations High Commissioner for Refugees (UNHCR) Ireland. Internally Displaced People. Available from: https://www.unhcr.org/en-ie/internally-displaced-people.html (Accessed 27th July 2020).
  12. Internal Displacement Monitoring Centre. Global Internal Displacement Database. Available from: https://www.internal-displacement.org/database/displacement-data (accessed 15 May 2022).
  13. 13.0 13.1 UNHCR Ireland. Refugee Status Determination. Available from: https://www.unhcr.org/en-ie/refugee-status-determination.html (accessed 2 June 2022).
  14. UNHCR. Refugee Data Finder. Available from: https://www.unhcr.org/refugee-statistics/ (accessed 24 June 2022).
  15. 15.0 15.1 15.2 The World’s Stateless People. Questions & Answers”, UNHCR, 2006.
  16. Institute on Statelessness and Inclusion (ISI), Statelessness in Numbers: 2020 An Overview and Analysis of Global Statistics. 2020. Available from: https://files.institutesi.org/ISI_statistics_analysis_2020.pdf [Accessed 15 May 2022].
  17. United Nations High Commissioner for Refugees (UNHCR), Global Report. 2020. Available from: https://reporting.unhcr.org/sites/default/files/gr2020/pdf/GR2020_English_Full_lowres.pdf#_ga=2.169929632.1407405598.1653036767-885200820.1645807158 [Accessed 20 May 2022].
  18. UNHCR Emergency Handbook. Statelessness. Available from: https://emergency.unhcr.org/entry/52865/stateless-person-definition (accessed 2 June 2022).
  19. Annex, I.I., 2000. Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations convention against transnational organized crime. In Vienna: United Nations Office on Drugs and Crime, United Nations Convention against Transnational Organized Crime and the Protocols Thereto.
  20. United Nations Office on Drugs and Crime (UNDOC) E4J University Module Series: Trafficking in Persons & Smuggling of Migrants. Module 7: Prevention of Trafficking in Persons 2019. Available from: https://www.unodc.org/e4j/zh/tip-and-som/module-7/key-issues/root-causes.html [access 23 June 2022]
  21. United Nations Office on Drugs and Crime (UNDOC) E4J University Module Series: Trafficking in Persons & Smuggling of Migrants - Module 8: A Human Rights-Based Approach to Trafficking in Persons 2019. Available from: https://www.unodc.org/e4j/zh/tip-and-som/module-8/key-issues/protection-under-the-protocol-against-trafficking-in-persons.html [access 23 June 2022]
  22. Annex, I.II., 2000. Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations convention against transnational organized crime. In Vienna: United Nations Office on Drugs and Crime, United Nations Convention against Transnational Organized Crime and the Protocols Thereto.
  23. UNODC, Global Study on Smuggling of Migrants 2018 (United Nations publication, Sales No. E.18.IV.9).
  24. Melissa Siegel.Who Is A Migrant?. Available from:https://youtu.be/oAOvJdoHR8M[last accessed 11/02/2022]
  25. World 101. What's the Difference Between a Migrant and a Refugee? Migration Explained | World101. Available from: https://youtu.be/vwSOds50Afk[last accessed 11/02/2022]
  26. UNHCR Teaching About Refugees. Who is an Internally Displaced Person?. Available from: https://youtu.be/DCzpVQkencw[last accessed 11/02/22]
  27. Melissa Siegel. Internal Displacement: Global Report on Internal Displacement 2021. Available from: https://youtu.be/L7EEWeZV3Yc[last accessed 11/02/22]
  28. UNHCR. Who Is An Asylum Seeker? Available from: https://youtu.be/E1E_tiagn8Q[last accessed 11/02/2022]
  29. The Guardian. Limbo: A virtual experience of waiting for asylum - Guardian VR - 360 video. Available from: https://youtu.be/AyWLvrWBKHA[last accessed 11/02/2022]
  30. UNHCR Teaching About Refugees. Who Is A Refugee. Available from: https://youtu.be/GvzZGplGbL8[last accessed 30/10/17]
  31. TED-Ed. What does it mean to be a refugee? - Benedetta Berti and Evelien Borgman. Available from: https://youtu.be/25bwiSikRsI[last accessed 30/10/17]
  32. UNHCR Teaching About Refugees. Who Is A Stateless Person? Available from: https://youtu.be/NJVU-fjPrzY[last accessed 30/10/17]
  33. UNHCR, the UN Refugee Agency. #IBelong – What it feels like to be Stateless. Available from: https://youtu.be/MuDzR8d63zg[last accessed 11/02/2022]
  34. UNODC - United Nations Office on Drugs and Crime. Introducing Trafficking in Persons and Smuggling of Migrants. Available from: https://youtu.be/4IZWnMXHnSU[last accessed 20/06/22]
  35. Melissa Siegel. Human Trafficking vs Smuggling. Available from: https://youtu.be/A_Oe24le2mY[last accessed 20/06/22]