Commitments of the OSCE participating States relevant to the - - PowerPoint PPT Presentation

Commitments of the OSCE participating States relevant to the postponement of the return of irregular migrants

22 March 2017 Riga, Latvia

• sce.org/odihr

• sce.org/odihr

Migrants, asylum seekers and refugees in the OSCE region: statistics for 2016- first quarter of 2017

• Mid-2016 - the OSCE region hosted more than 5.2 million refugees

and 1.7 million asylum seekers,

• The arrivals continue this year - only by using the sea routes

19,567 migrants and refugees entered Europe by 8 March 2017,

• ver 80 percent arriving in Italy and the rest in Spain and Greece.

Sources:

• UNHCR
• IOM
• OSCE

Dimensions of the OSCE

Human Politico-military

One of the three dimensions of security Links Human Rights with institutional and political systems Human Dimension commitments are politically binding Human Rights are of direct and legitimate concern to all participating States Norms and activities related to Human Rights, Democracy and Rule of Law

Economic & environmental

Relevant OSCE commitments

• Commitments Related to Human Rights That Are Applicable to All

> Freedom of Movement, Human Contacts, and Family Reunification

• Commitments Related to Human Rights with a Focus on Specific

Groups

> Migrants and their Family Members, Refugees, Displaced Persons, Returnees, and Stateless Persons > Roma and Sinti

• Commitments Related to Equality, Tolerance and Non-Discrimination
• Commitments Related to Specific Threats to Human Security

> Prevention of Trafficking in Human Beings

4 01 The ODIHR and the Human Dimension of the OSCE

Selected OSCE commitments on refugees and displaced persons (1)

Helsinki 1992 (Decisions: VI. The Human Dimension)

“The participating States (39) Express their concern over the problem of refugees and displaced persons; (40) Emphasize the importance of preventing situations that may result in mass flows of refugees and displaced persons and stress the need to identify and address the root causes of displacement and involuntary migration; (41) Recognize the need for international co-operation in dealing with mass flows of refugees and displaced persons;

5 01 The ODIHR and the Human Dimension of the OSCE.

Selected OSCE commitments on refugees and displaced persons (2)

Helsinki 1992 (Decisions: VI. The Human Dimension) (contd.):

(43) Reaffirm the importance of existing international standards and instruments related to the protection of and assistance to refugees [and will consider acceding to the Convention relating to the Status of Refugees and the Protocol, if they have not already done so]; (45) Welcome and support unilateral, bilateral and multilateral efforts to ensure protection of and assistance to refugees and displaced persons with the aim of finding durable solutions…”

6 01 The ODIHR and the Human Dimension of the OSCE.

Selected OSCE commitments on refugees and displaced persons (3)

Istanbul 1999 (Charter for European Security:

• III. Our Common Response)

“22. We reject any policy of ethnic cleansing or mass expulsion. We reaffirm

• ur commitment to respect the right to seek asylum and to ensure the

international protection of refugees as set out in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, as well as to facilitate the voluntary return of refugees and internally displaced persons in dignity and safety.”

7 01 The ODIHR and the Human Dimension of the OSCE.

Selected OSCE commitments on border security and management (1)

Ljubljana 2005 (Border Security and Management Concept: Framework for Co-operation by the OSCE Participating States): “2.The OSCE participating States reaffirm the obligations and commitments

• n border-related issues that they have undertaken at all levels:

2.1 At the global level: On border security and management issues, the participating States reaffirm their commitments under international law, in particular international human rights, refugee and humanitarian law, and may consider as well standards and recommendations laid down by the World Customs Organization, the International Organization for Migration, the International Labour Organization, the United Nations High Commissioner for Refugees and other relevant international organizations;

8 01 The ODIHR and the Human Dimension of the OSCE.

Selected OSCE commitments on border security and management (2)

Ljubljana 2005 (Border Security and Management Concept: Framework for Co-operation by the OSCE Participating States) (contd.): “4. The participating States will promote co-operation between their border services, customs authorities, agencies issuing travel documents and visas, and law enforcement and migration agencies, as well as other competent national structures, with a view to achieving the following aims: 4.5 To promote dignified treatment of all individuals wanting to cross borders, in conformity with relevant national legal frameworks, international law, in particular human rights, refugee, and humanitarian law, and relevant OSCE commitments…”

9 01 The ODIHR and the Human Dimension of the OSCE.

Selected OSCE commitments on migration management (1)

Athens 2009 (contd.)

• “Underlining the need to facilitate legal migration and fight illegal migration,
• Bearing in mind the different approaches to migration issues by the OSCE

participating States, and drawing on their experiences and best practices,

• Stressing the need to deepen dialogue and co-operation at all levels within and

between all States, as well as with all relevant stakeholders, including social partners, business community, civil society and academia, to effectively address the opportunities and challenges related to comprehensive migration management,

• Confirming that co-operation, dialogue and exchange of good practices and

information

• n

migration management issues remain an important component of the OSCE’s comprehensive concept of security, supported as appropriate and within the respective mandates, capacities and resources in all three dimensions”;

10 01 The ODIHR and the Human Dimension of the OSCE.

Selected OSCE commitments on migration management (2)

Athens 2009 (Decisions: Decision No. 5/09 on Migration Management) “The Ministerial Council, (…)

• 1. Encourages the participating States to continue to work on migration management

by:

• “Ensuring that their national migration practices comply with their respective

international obligations and OSCE commitments”; …

• “Further elaborating and enhancing implementation of comprehensive and effective

national migration policies and action plans as appropriate…;”

• Respecting the human rights of migrants and increasing efforts to combat

discrimination, intolerance and xenophobia towards migrants and their families;

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Selected OSCE commitments on migration management (3)

Athens 2009 (contd.) OSCE institutions, including ODIHR, have been tasked with their respective mandates to:

• “Provide a broad regional platform for dialogue on migration and security

issues…with the involvement of other relevant stakeholders”;

• “Assist participating States, upon their request, to improve migration

legislation and to elaborate and implement effective national policy frameworks, by providing advice and training, in co-operation with relevant international and regional organizations”;

• “Continue to assist the participating States, upon their request, to promote

effective migration management, including exchange of best practices, and to facilitate legal migration and fight illegal migration, while paying particular attention to bilateral and multilateral co-operation in this field.”

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Selected OSCE commitments on migration management (4)

Hamburg 2016 (Decision No.3/16, OSCE's Role in the Governance of Large Movements of Migrants and Refugees) “The Ministerial Council, “…irregular migration in large movements

• ften

presents complex challenges..”; “Acknowledging the many specific activities linked to migration and refugees already undertaken by OSCE executive structures, within existing mandates, as well as by participating States, based on existing OSCE commitments, relevant United Nations documents and national policies”.

13 01 The ODIHR and the Human Dimension of the OSCE.

Selected OSCE commitments on migration management (5)

Hamburg 2016 (Decision No.3/16, OSCE's Role in the Governance of Large Movements of Migrants and Refugees) “2. Encourages the OSCE executive structures…to continue their work on the issue of migration, including by reinforcing activities leading to the exchange of best practices…, in a manner that complements the activities undertaken by other relevant international organizations and agencies;

• 3. Encourages participating States also to use the OSCE platform, including

appropriate OSCE working bodies, to continue addressing migration-related issues where the OSCE has developed its expertise, and improve dialogue on migration- related matters with regard to developing possible effective measures and common approaches to address them.”

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• f the OSCE.

ODIHR/Democratization Department/ Migration and Freedom of Movement Unit

Aim of ODIHR assistance in the area of migration, based

• n relevant OSCE commitments :
• Enhancement of the protection of human rights of migrants
• Facilitation of efficient and harmonious integration of legally residing

migrants to the benefit of both the receiving society and the migrants themselves

ODIHR applies a holistic approach to integration of migrants, drawing on the expertise of its Departments.

15 01 The ODIHR and the Human Dimension of the OSCE.

ODIHR/Democratization Department/ Migration and Freedom of Movement Unit

Examples of specific projects/programmatic activities, conducted to to facilitate exchange

• f good practices between OSCE participating States related to various aspects of migration

management and rights of migrants: Response to migration crisis:

• Expert panel meeting “Migration crisis in the OSCE region: safeguarding rights of asylum

seekers, refugees and other persons in need of protection” (Warsaw, Poland, 2015);

• Regional expert workshop “Relocation of Persons in Need of Protection and Their

Integration in the OSCE Region: Challenges and Good Practices” (Riga, Latvia, 2015);

• Protection of the rights of migrants:
• Training course “Rights of Migrants”
• Tailor-made capacity building events on specific aspects of protecting rights of migrants –

upon request.

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ODIHR/Democratization Department/ Migration and Freedom of Movement Unit

2011-2017 projects/programmatic activities, which cover the issues of migrant integration: > Assessments of Migrant Integration Policies in Turkey, Kazakhstan, Armenia and the Republic of Moldova > Training course “Good practices in integration of migrants in line with OSCE commitments” – conducted upon request at the national and regional level. > Research papers on political participation of migrants > Upcoming – the international conference “Good practices in integration of migrants in line with OSCE commitments and international standards” (17-18 May 2017, Chisinau, Moldova).

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ODIHR/Democratization Department/ Migration and Freedom of Movement Unit

Examples of specific projects/programmatic activities (contd.)

• Conference on “Exploring challenges to political participation of migrants in the

OSCE region” (conducted by ODIHR in co-operation with European University Institute in 2015, Florence, Italy);

• Project on “Socio-economic integration of women from migrant households in

Tajikistan” (conducted in 2012 in Tajikistan).

• Gender-sensitive labour migration:
• National and regional trainings “Regional Training on Gender-Sensitive Labour

Migration Policies in the OSCE region” (in co-operation with OCEEA)

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ODIHR/Democratization Department/ Migration and Freedom of Movement Unit

Examples

• f

co-operation with

• ther

international

• rganisations/institutions
• ODIHR is a member of the FRONTEX’s Consultative Forum and

provides expertise

• n

migration and human rights issues to FRONTEX based on its mandate.

• ODIHR co-operates with international organizations such as IOM,

UNHCR, OHCHR, the Council of Europe;

• International and local NGOs, i.e. Human Rights Watch, Amnesty

International, and national NGOs, think tanks and academia across the OSCE region.

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ODIHR/Democratization Department/ Migration and Freedom of Movement Unit

Thank you for your attention! Questions?

20 01 The ODIHR and the Human Dimension of the OSCE.