1967 forced 1st July 2003 and this convention has

1967 Protocol Relating to
the Status of Refugees

The
Convention came into forced in 4 October 1967 and 146 countries are parties to
the Protocol. The 1951 Convention relating to the status of the refugee was
amended in 1967 by the 1967 Protocol Relating to the Status of Refugees and
removed the geographical temporal limits of the 1951 Convention. The Protocol is basically talked about-

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i.              
Refugees should not be face
persecution or any threat of persecution (principle of non-refoulment);

ii.             
Protection must be given to the
all refugees without discrimination;

iii.           
The problem of refugees is
social and humanitarian in nature and, therefore, should not become a cause of tension
between States;

iv.           
Asylum are heavy burdens on
certain countries. So, the solution of the problem of refugees can only be
achieved through international co-operation;

v.             
Refugees cannot be forced to
live their country and entered to another country. Further, should not punished
for being illegally entered in the country where they seek asylum.

vi.           
The cooperation among the
States with the High Commissioner for Refugees is essential to deal with the
problem of refugee.

2.4.2.3 The 1990
International Convention on the Protection of the Rights of All Migrants and
Members of Their Families

More
than 150 million immigrants are work and sheltered in other countries. Today,
the no of international migration is go high which is between 185 and 192
million and this constitute three percent of the world population (UNESCO,
2005). International migration has become main feature of globalization. The
convention of UN provides a comprehensive treaty for the protection of the
rights of migrants. This convention focuses on the linkages between migration
and their rights, which crucial topic in the international arena. So, the aim
of the convention is to protect the rights of migrant workers and members of
their families and focuses on the promotion of the migrant’s rights in each
country. The 1990 International Convention on the Protection of the Rights of
All Migrants and Members of Their Families come into forced 1st July
2003 and this convention has been ratified by 34 countries accept US. The
primary objective of this convention is to respect the migrant’s human rights.
Migrants are not only workers, they are human being. This convention not talked
about the new rights but it ensures equality of treatment and the same working
conditions for migrants and nationals. This 1990 convention preventing inhumane
living and working condition, physical and sexual abuse and degrading treatment
(Article 10-11, 25, 54). Ensuring migrants rights to freedom of thought,
expression and religion (Article 12-13). Convention also ensuring migrants
access to information about their rights (Article 33, 37) and education and
social services (Article 27-28, 30, 43-45, 54). Also granting that migrants
have right to participate in trade union (Article 26, 40). It also providing,
if a migrant like return to his country means where from he came than he has
the rights to return back to the country of origin (Article 8, 31, 38).
Guaranteeing migrants political participation in the country of origin (Article
41-42). Ensuring migrants right to transfer their earnings to their home
country (Article 32, 46-48). Migrants rights are human rights.

2.4.2.4 The 2000 Protocol
to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children

The
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children was adopted by United Nations General Assembly in November
2000 and it came into forced in December 2003, had been ratified by 167 United
nations member State. It talks about the taking of effecting action to prevent
and combat trafficking in person, especially women and children and required
measures to prevent such trafficking, to punish the traffickers and protect the
victims. This convention also defined the crime of trafficking “Trafficking in
persons shall mean the recruitment, transportation, transfer, harbouring or
receipt of persons, by means of threat or use of force and other forms of:
coercion, abduction, deception, abuse of power or a position of vulnerability
and giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purposes 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 like slavery, servitude or the removal of organs.” Protocol talk some
relevant laws and by the passing of this laws countries protect their people
from the trafficking- protect their privacy and identity, enable them to
participate in legal proceedings, assist their physical, psychological and
social recovery, provide for their physical safety, provide avenues for them to
seek compensation and make safety a key consideration in deciding whether
victims should remain in the country of destination or return to their country
of origin. Lastly, this convention focuses on the prevention and co-operation
of the all nations to prevent human trafficking.

2.4.2.5 The 2000 Protocol
against the Smuggling of Migrants by Land, Sea and Air

The
2000 Protocol against the Smuggling of Migrants by Land, Sea and Air came into
forced in 28 January 2004 and had been ratified by 140 United Nations Member
States as of 6 October 2015. It focuses on the illegal migration taking place
through sea, land or air. The aim of this convention is to prevent illegal
migration and punish the procures. This convention does not aim to limiting the
free movement of people and regulate the legal entry of people. Protocol is
divided in three main parts. Part one is general provisions (Article 1-6)
analyses about the relation with the Convention on organised Crime (Article 1),
purpose (Article 2), terminology and definition (Article 3), scope of
application (Article 4), criminal liability of migrants (Article 5) and criminalisation
(Article 6). Similarly, part three is smuggling of migrants by sea (Articles
7-9) included co-operation (Article 7), measures against the smuggling of
migrants by sea (Article 8) and safeguard clauses (Article 9). Further, third
part is prevention, co-operation and other measures (Articles 10-18) explore
about information (Article 10), border measures (Article 11), security and
control of documents (Article 12), legitimacy and validity of documents (Article
13), training and technical co-operation (Article 14), other prevention measures
(Article. 15), protection and assistance measures (Article 16), agreements and
arrangements (Article 17) and return of smuggled migrants (Article 18). The last
part (Article19-25) of the 2000 Protocol deals with the technicalities of the
document.

2.4.3 International
Labour Organization (ILO) and Migration

The
International Labour Organization (ILO) has adopted three Convention which are
directly link with the protection of migrants’ workers- the Migration for Employment
Convention 1949, the Convention concerning Migrations in Abusive Conditions and
the Promotion of Equality of Opportunity and Treatment of Migrant Workers 1975,
and the Convention concerning Decent Work for Domestic Workers 2011. The 1949
Convention dealing with the slandered of the migrant’s workers. It also
concerned with the equal treatment of migrant’s worker and national with
regards to employment taxes, social security, access to justice, laws,
regulation, living and working condition and so others. The 1975 Convention was
a multilateral attempt to addressed the irregular migration and deals with the
prevention of human trafficking and against the human traffickers. It also
concerned with the respect of basic human rights of the all migrants’ worker by
the member states. This convention was also dealing with not only about equal
treatment of migrants’ workers but also equal opportunity like equal access to
employment, right to join trade unions, cultural rights and individual and
collective freedom. The 2011 Convention was come into forced in 2013, dealing
with global labour standards for domestic workers and provide them same basic
rights as other workers. The convention devoted that domestic workers have the
same basic labour rights as other workers, including reasonable hours of work,
a limit on payment and clear information about the terms and conditions of
employment.

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