Source: Adapted from International Detention Coalition, There Are
Alternatives: A Handbook for Preventing Unnecessary Immigration Detention (revised edition, 2015) p. 78. In some cases, an assessment may be needed by qualified professionals to determine the extent to which a person is capable to take such a free and informed decision, and who, should the person lack such a capacity, could legally take the decision on his or her behalf. Assisted voluntary return programmes may provide different levels of assistance to reintegration and, in some cases, they
don’t provide any assistance to this effect. See also country of origin, reintegration Source: United Nations High Commissioner for Refugees, Master Glossary of Terms (2006). See also international protection, migrant, refugee (mandate), refugee (1951 Convention) Source: United Nations Committee on the Rights of the Child, General Comment No. 14 on the Right of the Child to Have His or Her Best Interests Taken as a Primary Consideration (art. 3, para. 1) (29 May 2013) UN Doc CRC/C/GC/14, para 6.
Note: Article 3(1) of the Convention of the Rights of the Child stipulates “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”((adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3). The best interests determination imposes to take into consideration the child well‐being,
which is determined by a variety of individual circumstances, such as the age, the level of maturity of the child, the presence or absence of parents, the child’s environment and experiences (UNHCR, UNHCR Guidelines on Determining the Best Interests of the Child (2008) p. 15). See also labour migration Note: Biometric scanning is the process whereby biometric measurements are collected and enrolled in a computer system with the purpose of using the measurements to either verify or search for a person’s identity. Some governments have introduced the use of biometrics as an improved security measure in issuing passports, visas or residence permits. See also borders (international), border management Note: This broad definition extending to any areas where border governance is exercised, such as embassies or consulates issuing visas, has been chosen because of its relevance in the migration context. Generally, the term “international borders” is used as a synonym of boundary. See also border governance, border
management, sovereignty See also borders (international), border governance Source: Warsaw International Mechanism, Executive Committee, Action
Area 6: Migration, Displacement and Human Mobility – Submission from the International Organization for Migration (IOM, 2016); M. Traore Chazalnoël and D. Ionesco, Defining Climate Migrants – Beyond Semantics (IOM weblog, 6 June 2016) (last accessed 23 May 2018). Note: This is a working definition of the International Organization for Migration with an analytic and advocacy purpose which does not have any specific legal value. Climate migration is a
subcategory of environmental migration; it defines a singular type of environmental migration, where the change in the environment is due to climate change. Migration in this context can be associated with greater vulnerability of affected people, particularly if it is forced. Yet, migration can also be a form of adaptation to environmental stressors, helping to build resilience of affected individuals and communities. See also environmental migrant, migration Source: Adapted from Andric v Sweden App no 45917/99 (ECtHR, 23 February 1999) para. 1. Note: The prohibition of collective
expulsion is expressly embodied in several international human rights treaties. At the universal level, Article 22(1) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families ((adopted 18 December 1990, entered into force 1 July 2003) 2220 UNTS 3), stipulates that “migrant workers and members of their families shall not be subject to measures of collective expulsion. Each case of expulsion shall be examined and decided individually”. At
the regional level, the American Convention on Human Rights ((adopted 22 November 1969, entered into force 18 July 1978) 1144 UNTS 123) provides in Article 22(9) that “[t]he collective expulsion of aliens is prohibited”. Article 4 of Protocol No. 4 to the European Convention on Human Rights ((adopted 4 November 1950, entered into force 3 September 1953) 213 UNTS 221) stipulates that “[c]ollective expulsion of aliens is prohibited”. Similarly, Article 26(2), in fine, of the Arab Charter on Human
Rights ((adopted 22 May 2004, entered into force 15 March 2008) in 12 (2005) International Human Rights Reports 893) states that “[c]ollective expulsion is prohibited under all circumstances”. In the African Charter on Human and Peoples’ Rights ((adopted 27 June 1981, entered into force 21 October 1986) 1520 UNTS 217), the term mass expulsion is used instead of collective expulsion. Article 12(5) of the Charter only prohibits mass expulsions of non‐nationals which are aimed at “national, racial,
ethnic or religious groups”. Note: In the context of movements of internally displaced persons (IDPs) the term “place of destination” should be used. Source: Adapted from International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (adopted 18 December 1990, entered into force 1 July 2003) 2220 UNTS 3, Art. 6(c). Note: There is a notion of temporariness in the concept of transit. However, for many migrants,
particularly those migrating irregularly, the journey to the intended destination can take months or years. This challenges the very notion of transit and triggers the question on how much time needs to pass for the country of transit to be considered as a destination (United Nations Office of the High Commissioner for Human Rights, Situation of Migrants in Transit (2015) p. 5). Source: Adapted from Guiding Principles on Internal Displacement, annexed to United Nations Commission
on Human Rights, Report of the Representative of the Secretary-General, Mr Francis M. Deng, Submitted Pursuant to Commission Resolution 1997/39, Addendum (11 February 1998) UN Doc E/CN.4/1998/53/Add.2, 5, para. 2 of the introduction. Note: Unlike the Guiding Principles on Internal Displacement, the above definition is meant to cover both internal and cross‐border displacement. Principle 6 of the Guiding Principles stipulates the right to be protected against arbitrary
displacement. Displacement is considered arbitrary in the following circumstances: “(a) When it is based on policies of apartheid, “ethnic cleansing” or similar practices aimed at/or resulting in altering the ethnic, religious or racial composition of the affected population; (b) In situations of armed conflict, unless the security of the civilians involved or imperative military reasons so demand; (c) In cases of large‐scale development projects, which are not justified by
compelling and overriding public interests; (d) In cases of disasters, unless the safety and health of those affected requires their evacuation; and (e) When it is used as a collective punishment” (Guiding Principles on Internal Displacement, annexed to United Nations Commission on Human Rights, Report of the Representative of the Secretary‐General, Mr Francis M. Deng, Submitted Pursuant to Commission Resolution 1997/39, Addendum (11 February 1998) UN Doc. E/ N.4/1998/53/Add.2, Principle 6.2).
In order not to be arbitrary, displacement shall also last no longer than required by the circumstances (ibid., Principle 6.3). In international humanitarian law, the (forced) displacement of civilians is prohibited and constitutes a war crime both in times of international and non‐international armed conflicts except when required for their security or imperative military reasons (see Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War
(adopted 12 August 1949, entered into force 21 October 1950) 75 UNTS 287, Art. 49(1); Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non‐International Armed Conflicts (adopted 8 June 1977, entered into force 7 December 1978) 1125 UNTS 609 (Additional Protocol II) Art. 17(1) and (2); Rome Statute of the International Criminal Court (adopted 17 July 1998, entered into force 1 July 2002) 2187 UNTS 3, Art.
8(2)(a)(viii) and (e)(viii)). The prohibition of individual or mass displacement is also endorsed by the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) (adopted 23 October 2009, entered into force 6 December 2012) Art. 4(4)(b)). See also internally displaced persons, migration Source: Council of the International Organization for Migration (IOM), Discussion Note: Migration and the Environment (November 2007) MC/INF/288; IOM, International Dialogue on Migration (no. 18) Climate Change, Environmental Degradation and Migration (2012); IOM, Outlook on
Migration, Environment and Climate Change (2014). Note: There is no international agreement on a term to be used to describe persons or groups of persons that move for environment related reasons. This definition of environmental migrant is not meant to create any new legal categories. It is a working definition aimed at describing all the various situations in which people move in the context of environmental factors. See also climate migration, migrant
Is the process by which one nation takes over another usually in order to exploit its labor and natural resources?Colonialism occurs when people from one country settle in another country for the purpose of exploiting its people and natural resources. Colonial powers typically attempt to impose their own languages and cultures on the indigenous peoples of the countries they colonize.
What is it called when one nation takes over another?Colonialism. The process by which one nation takes over another nation, usually for the purpose of exploiting its labor and natural resources.
What is imperialism in government?Imperialism is the state policy, practice, or advocacy of extending power and dominion, especially by direct territorial acquisition or by gaining political and economic control of other areas, often through employing hard power (economic and military power), but also soft power (cultural and diplomatic power).
What is imperialism quizlet?Imperialism. Definition: Policy by which strong nations extend their political, military, and economic control over weaker territories. Impact: US began to consider benefits of extending our territory farther. Expansionism.
|