Committee: United Nations Human Rights Council

Agenda: Protecting the Rights of Migrants and Refugees

 Content

1. Introduction to The committee

2. Introduction to The Topic
3. Key Terminologies and Definitions
4. History and Background
5. Current Global Status of Migrants & Refugees
6. Key Issues in Protecting Migrants & Refugees
7. Major Refugee Crisis
8. Challenges & Controversies
9. Causes
10. Effects
11. International Laws and Conventions
12. Past UN/UNHRC Actions
13. Current Initiatives & Future Directions
14. Stance of Major Countries
15. Best Possible Solutions
16. Case Studies
17. Questions to Consider (QARMA)
18. Conclusion
19. References
I. Introduction to The Committee:
The United Nations Commission on the Status of Women (UNCSW) is a principal global
intergovernmental body dedicated to promoting gender equality and the empowerment of
women worldwide. Established in 1946, it operates under the umbrella of the United Nations
Economic and Social Council (ECOSOC). The commission plays a pivotal role in shaping
global policies and standards concerning women's rights and gender equality.
Paving the way for landmark agreements: UNCSW has consistently played a key role in
drafting and adopting numerous international agreements, including the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW), considered the Magna
Carta for women's rights. Setting global standards: UNCSW establishes global norms and
standards for gender equality, influencing national policies and legislation worldwide.

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

Sessions and Activities:

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

II. Introduction to The topic:

Most people in the world have had the experience of leaving the place where they grew up. Maybe
they will only move as far as the next village or city. But for some people, they will need to leave their
country entirely – sometimes for a short time, but sometimes forever.
―Every day, all over the world, people make one of the most difficult decisions in their lives:
to leave their homes in search of a safer, better life.
There are many reasons why people around the globe seek to rebuild their lives in a different
country. Some people leave home to get a job or an education. Others are forced to flee
persecution or human rights violations such as torture. Millions flee from armed conflicts or
 other crises or violence. Some no longer feel safe and might have been targeted just because
of who they are or what they do or believe – for example, for their ethnicity, religion,
sexuality or political opinions.
These journeys, which all start with the hope for a better future, can also be full of danger and
fear. Some people risk falling prey to human trafficking and other forms of exploitation. Some
are detained by the authorities as soon as they arrive in a new country. Once they ‘re settling
in and start building a new life, many face daily racism, xenophobia and discrimination. Some
people end up feeling alone and isolated because they have lost the support networks that
most of us take for granted – our communities, colleagues, relatives and friends.
There are many reasons why it might be too difficult or dangerous for people to stay in their
own countries. For example, children, woman and men flee from violence, war, hunger,
extreme poverty, because of their sexual or gender orientation, or from the consequences of
climate change or other natural disasters. Often people will face a combination of these
difficult circumstances.
People who leave their countries are not always fleeing danger. They might believe they have
a better chance of finding work in another country because they have the education or capital
to seek opportunities elsewhere. Others might want to join relatives or friends who are already
living abroad. Or they might seek to start or finish their education in another country. There
are lots of different reasons for people to start a journey to build a life in a new country.

III. Key Terminologies and Definitions:

 Refugee:
Refugee is a person who has fled their own country because they are risk of serious human
rights violations and persecution there. The risks to their safety and life were so great that
they felt they had no choice but to leave and seek safety outside their country because their
own government cannot or will not protect them from those dangers. Refugees have a right to
international protection.
 Asylum seeker:
An asylum seeker is a person who has left their country and is seeking protection from
persecution and serious human rights violations in another country, but who hasn‘t yet been
legally recognized as a refugee and is waiting to receive a decision on their asylum claim.
Seeking asylum is a human right. This means everyone should be allowed to enter another
country to seek asylum.
 Migrant:
There is no internationally accepted legal definition of a migrant. Some migrants leave their
country because they want to work, study or join family, for example. Others feel they must
leave because of poverty, political unrest, gang violence, natural disasters or other serious
circumstances that exist there. Governments must protect all migrants from racist and
xenophobic violence, exploitation and forced labour. Migrants should never be detained or
 forced to return to their countries without a legitimate reason.
 Rights
Qualities (such as adherence to duty or obedience to lawful authority) that together constitute
the ideal of moral propriety or merit moral approval.
 Displaced person:
A person who flees his or her State or community due to fear or dangers for reasons other than
those which would make him or her a refugee.

IV. History and Background:

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

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

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

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

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

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

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

addressing refugee and migrant rights.

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

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

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

framework for refugee response and support.

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

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

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

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

 Regional Disparities: Refugee and migrant flows are unevenly distributed across
regions. The Middle East and North Africa host the largest number of refugees,
with countries like Turkey, Lebanon, and Jordan playing a critical role. In Sub-Saharan
Africa, countries like Uganda have generously welcomed refugees, providing them with
land and resources. Meanwhile, Europe continues to grapple with arrivals via the
Mediterranean Sea, leading to debates on border control, humanitarian corridors, and
integration. These regional disparities highlight the importance of global solidarity and
equitable burden-sharing.
  Beyond Refugees: Internal Displacement and Climate Migration: While refugees
receive significant attention, internal displacement is equally pressing. Millions of people
are displaced within their own countries due to conflict, natural disasters, or development
projects. Additionally, climate-induced migration is a growing concern. Rising sea levels,
extreme weather events, and environmental degradation force people to move. Ensuring
protection and assistance for these vulnerable populations is crucial for a more just and
sustainable world.

VI. Key Issues in Protecting Migrants & Refugees:
Lack of Protection Services: On major migration routes, refugees and migrants face
alarming risks due to the absence of adequate protection services. Many suffer human rights
violations, including violence, kidnapping, and exploitation. Immediate humanitarian
assistance, shelter, and access to justice are often lacking, especially in hard-to-reach areas
like the Sahara Desert
Smugglers and Traffickers: Criminal networks exploit vulnerable migrants and
refugees. Combatting smugglers and traffickers is essential to ensure safety and dignity
during their journeys.
Legal Pathways: Creating orderly and legal migration pathways is crucial. Desperate
individuals should not be forced to rely on criminal networks for safety
Resource Constraints: Conflicts and crises strain resources available for protection
services. Sustained funding and operational partnerships are needed to address critical gaps.
Human Rights Violations: Violations against migrants include arbitrary detention,
torture, and denial of basic rights such as health and education

VII. Major Refugee Crisis:

1. Afghan Refugee Crisis:
 Background: The Afghan refugee crisis is one of the largest and longest-lasting in the
world, beginning with the Soviet invasion of Afghanistan in 1979 and continuing through
various conflicts, including the recent resurgence of the Taliban in 2021.
 Impact: Millions of Afghans have been displaced internally and internationally.
Neighboring countries, particularly Pakistan and Iran, have hosted large Afghan refugee
populations for decades.
 Current Situation: The situation remains dire with ongoing insecurity, economic
instability, and humanitarian needs, exacerbated by the Taliban's return to power.

2. Syrian Refugee Crisis:

 Background: The Syrian civil war, which began in 9, has resulted in one of the largest
refugee crises in recent history. The conflict has caused widespread destruction and
 displacement.
 Impact: Over 6.6 million Syrians have fled the country, seeking refuge primarily in
neighboring countries like Turkey, Lebanon, and Jordan, as well as in Europe.
 Current Situation: The crisis continues with many refugees living in protracted situations,
facing challenges such as limited access to employment, education, and healthcare.

3. Rohingya Refugee Crisis:

 Background: The Rohingya, a Muslim minority group from Myanmar, have faced decades
of persecution and statelessness. The crisis escalated in 2017 when a military crackdown
forced over 700,000 Rohingya to flee to Bangladesh.
 Impact: The majority of Rohingya refugees are living in overcrowded camps in Cox's
Bazar, Bangladesh, with limited access to basic services and ongoing protection concerns.
 Current Situation: The Rohingya continue to face uncertainty regarding their future, with
little progress on repatriation or resettlement options.

4. Central African Republic Refugee Crisis:

 Background: The Central African Republic (CAR) has experienced ongoing conflict since
2013, leading to widespread violence and instability.
 Impact: Hundreds of thousands of CAR nationals have sought refuge in neighboring
countries such as Cameroon, Chad, and the Democratic Republic of Congo.
 Current Situation: The humanitarian situation remains critical, with refugees facing
protection risks and lack of access to basic services.

5. Palestinian Refugee Crisis:

 Background: The Palestinian refugee crisis began with the 1948 Arab-Israeli War, which
led to the displacement of hundreds of thousands of Palestinians. The Six-Day War in 1967
further exacerbated the crisis.
 Impact: Millions of Palestinians are registered as refugees with UNRWA, living in camps
and communities in Jordan, Lebanon, Syria, the West Bank, and Gaza Strip.
 Current Situation: Palestinian refugees continue to face significant challenges, including
restricted movement, lack of citizenship, and limited access to education, employment, and
healthcare.

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

VIII. Challenges & Controversies:

1. Legal and Policy Frameworks:

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

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

Controversy: National Sovereignty vs. International Obligations

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

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

2. Border Control and Security Measures:

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

Controversy: Balancing Security and Human Rights

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

3. Conditions in Detention and Refugee Camps:

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

 Prolonged detention without adequate legal recourse is common, leading to severe

psychological and physical harm.

Controversy: Ethical Treatment vs. Deterrence Policies

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

4. Access to Asylum and Refugee Status Determination:

Challenge: Barriers to Accessing Asylum Procedures
 Migrants and refugees often face significant barriers in accessing fair and efficient
asylum procedures, including lengthy processing times, lack of legal assistance, and
language barriers.
Controversy: Asylum System Abuse vs. Protection Needs
 Governments express concerns about the abuse of asylum systems by economic migrants,
leading to stricter criteria and increased rejections, which human rights organizations argue
undermine the protection needs of genuine refugees.

5. Integration and Social Inclusion:

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

Controversy: Cultural Integration vs. Preservation

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

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

Ethnic and Religious Persecution:

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

2. Political Instability and Repression:

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

Human Rights Abuses:

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

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

Inequality and Social Exclusion:

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

4. Governance and Corruption:

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

Corruption:
 Corruption exacerbates poverty and inequality, undermines development, and fuels
migration. Corrupt practices in government and business create environments where
individuals feel compelled to leave in search of better governance.

5. Human Trafficking and Smuggling:

Human Trafficking Networks:
 Human trafficking networks exploit vulnerable populations, forcing them into migration
through coercion, deception, or abduction. Victims of trafficking often face exploitation,
abuse, and violence.

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

X. Effects:
1. Humanitarian Impact:
Displacement and Loss of Homes:
 Large-scale displacement results in millions of individuals losing their homes and
becoming internally displaced persons (IDPs) or refugees. This leads to overcrowded
refugee camps and inadequate housing conditions.
Health and Well-being:
 Refugees and migrants often face poor health conditions due to lack of access to medical
care, clean water, and proper sanitation. Mental health issues, including trauma and
depression, are prevalent due to experiences of violence and displacement.
Education Disruption:
 Displacement disrupts the education of children and young people, leading to long-term
 impacts on their development and future opportunities. Many refugee children have limited
or no access to schooling.

2. Economic Impact:
Labor Market Strain:
 In host countries, an influx of migrants and refugees can strain labor markets, leading to
competition for jobs and potentially driving down wages. This can create tensions between
local populations and newcomers.
Economic Contributions:
 Despite initial strains, migrants and refugees often contribute to the economy by filling
labor shortages, starting businesses, and paying taxes. Over time, they can help boost
economic growth and development in host countries.
Resource Allocation:
 Hosting large numbers of migrants and refugees requires significant financial resources.
Governments may need to allocate funds for housing, healthcare, education, and other
essential services, which can strain national budgets.

3. Social and Cultural Impact:

Integration and Social Cohesion:
 Integration of migrants and refugees can be challenging, leading to social tension and
xenophobia. Host communities may feel threatened by cultural differences and competition
for resources.
Cultural Diversity:
 On the positive side, migrants and refugees bring cultural diversity, enriching host societies
with new traditions, cuisines, languages, and perspectives. This can foster greater cultural
understanding and exchange.
Community Resentment:
 When local populations perceive that migrants receive preferential treatment or strain
public services, resentment and hostility can increase. Effective integration policies are
crucial to mitigate these effects.

4. Political Impact:
Policy and Governance:
 The arrival of large numbers of migrants and refugees can influence national and local
politics, prompting governments to develop new policies and legislation related to
immigration, asylum, and integration.
Rise of Nationalism and Populism:
 Migration crises can fuel nationalist and populist movements, with political leaders
exploiting fears and prejudices to gain support. This can lead to restrictive immigration
policies and anti- immigrant sentiment.
International Relations:
 Migrant and refugee crises can strain international relations, particularly when neighboring
countries are affected. Disputes over border control, refugee responsibility, and
international aid can arise.

5. Security Impact:
Border Security:
 Increased migration flows can challenge border security, leading to heightened enforcement
measures and potential human rights violations. Countries may implement stricter border
controls and surveillance.
Human Trafficking and Smuggling:
 Migrant and refugee crises create opportunities for human traffickers and smugglers, who
exploit vulnerable individuals. This can lead to increased organized crime and security
challenges.
Radicalization and Extremism:
 Prolonged marginalization and poor living conditions can make some migrants and
refugees susceptible to radicalization and recruitment by extremist groups. This poses
security risks both to host countries and internationally.

XI. International Laws and Conventions:

1. 1951 Refugee Convention and its 1967 Protocol:
1951 Refugee Convention:
 The cornerstone of international refugee protection, the 1951 Convention defines who is a
refugee and outlines the rights of individuals granted asylum, as well as the responsibilities
of nations that grant asylum. 
 Key principles include non-refoulement (protection against return to a country where a
person has reason to fear persecution), the right to work, education, and public relief and
assistance.
1967 Protocol:
 The 1967 Protocol removed geographical and temporal limits from the 1951 Convention,
ensuring broader applicability of the refugee protections established in the original
document.

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

 Article 14 of the UDHR states that everyone has the right to seek and enjoy asylum from
persecution in other countries.
 The declaration sets out fundamental human rights to be universally protected, including
the rights of migrants and refugees.

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

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

4. International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families (ICMW) (1990):
 The ICMW provides comprehensive protections for migrant workers and their families,
covering a wide range of civil, political, economic, social, and cultural rights.
 It addresses issues such as equal treatment, protection from abuse and exploitation, and the
right to family unity.

5. Global Compact on Refugees (GCR) (2018):

 The GCR aims to enhance international cooperation on refugee issues, providing a
framework for more predictable and equitable responsibility-sharing.
 It emphasizes support for host countries, improving refugee self-reliance, and finding
durable solutions such as voluntary repatriation, local integration, and resettlement.

6. Global Compact for Safe, Orderly and Regular Migration (GCM) (2018):
 The GCM outlines 23 objectives for better managing migration at local, national, regional,
and global levels.
 It focuses on minimizing the adverse drivers of migration, ensuring migrants' rights, and
promoting safe and regular migration pathways.

XII. Past UN/UNHRC Actions:

. 1. Establishment of UNHCR (1950):
 The United Nations High Commissioner for Refugees (UNHCR) was established in 1950
by the United Nations General Assembly to lead and coordinate international action for the
worldwide protection of refugees and the resolution of refugee problems. 
 UNHCR has been instrumental in providing protection, shelter, and assistance to millions
of refugees globally, ensuring their rights are respected and promoting durable solutions. 

2. Adoption of the 1951 Refugee Convention and its 1967 Protocol:
 The 1951 Refugee Convention and its 1967 Protocol are key legal instruments that the UN
has promoted and enforced, defining the status and rights of refugees and the obligations of
states to protect them.
 These instruments have been ratified by a majority of UN member states, forming the
cornerstone of international refugee protection.

3. International Conferences and Summits:

World Conference on Human Rights (Vienna, 1993):
  This conference reaffirmed the commitment of the international community to the
promotion and protection of human rights, including the rights of migrants and refugees.
 It led to the establishment of the Office of the High Commissioner for Human Rights
(OHCHR), enhancing the UN's capacity to address human rights issues.

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

 These compacts were adopted to improve the international community's response to
large movements of refugees and migrants.
 They emphasize principles of solidarity, responsibility-sharing, and respect for human
rights, aiming to enhance cooperation and support for host countries.

4. UNHRC Special Procedures:

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

5. Humanitarian Assistance and Emergency Response:

 The UN has coordinated numerous humanitarian assistance efforts through agencies like
UNHCR, UNICEF, and the World Food Program (WFP) to support refugees and migrants
during crises.
 These efforts include providing emergency relief, healthcare, education, and other essential
services in refugee camps and transit centers.

XIII. Current Initiatives & Future Directions:

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

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

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

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

XIV. Stance of Major Countries:

1. United States of America:

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

2. France:
Refugees flowed into France in the wake of two World Wars and as a result of the
establishment of Communist and dictatorial regimes throughout the world. The first
main flux of refugees came from Russia after the Bolshevik Revolution. During the
period between the first and second world wars, many Germans, Italians and Spaniards
fled to France to escape fascism. The end of World War II and the extension of
Communism from the Soviet Union to Central Europe brought a new wave of refugees
from Poland, Czechoslovakia, Romania, and Bulgaria. The spread of Communism, first
in China and then in other parts of Southeast Asia, increased the number of refugees
from Vietnam and, later, from Cambodia and Laos.1 The most recent asylum seekers
come from countries torn apart by war or civil unrest, including Palestinians, the Kurds
of Iraq and Turkey, the Tamils of Sri Lanka, and former Yugoslavs.
The French government has tightened rules permitting foreigners to reside in France in
response to the sluggish economy plaguing Europe. In December, 1990 the French
Office for the Protection of Refugees and Stateless Persons (OFPRA) stated that of the
90,000 dossiers considered, only 13,000 would be accepted.3 Applications for asylum
have risen during the last decade not only because fewer people have been admitted to
work, but because of numerous civil wars around the world. Despite increasing
applications, the number of refugees admitted has not increased. The country has a
robust legal framework for asylum and integration but faces ongoing challenges in
managing public opinion, political pressures, and the complexities of the European and
global migration landscape.

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

4. People’s Republic of China:

China protects the rights that refugees shall enjoy while in China. The rights of refugees
in China are stipulated mainly by article 46 of the Exit and Entry Administration Law
2012: Foreigners applying for a refugee status may, during the period of identification
of their refugee status, stay in China on the basis of a temporary identification issued by
the public security authority; and those identified as refugees may stay or reside in
China on the basis of a refugee identification issued by the public security authority.
Since refugees are foreigners, the rights of foreigners in China apply to refugees as well,
except where certain circumstances require otherwise. The present chapter will analyze
provisions of the Convention Relating to the Status of Refugees 1951 on refugee rights,
discuss Chinese laws and regulations on those rights, and discuss the rights of refugees
in China with reference to international refugee law.
China established the National Immigration Administration in 2018. Globally China has
pledged support for refugees at the 2016 UN General Assembly, 2017 Belt & Road
Forum, 2019 Global Refugee Forum and its 2020 Position Paper on the 75th
Anniversary of the UN.

5. Russian Federation:
The majority of migrant workers in Russia are irregular migrants who are particularly
vulnerable to modern slavery. The collapse of the Soviet Union has led many people
from the Central Asian Republics to move to Russia in search of opportunities and
employment. Every year about 10-12 million workers enter Russia. The geographical
position of the Russian Federation, between the European Union and some countries
with a high rate of migration, as well as visa-free entry into most countries of the
Commonwealth of Independent States (CIS) and the existence of some ―permeable‖
parts of the Russian border, facilitate a high rate of irregular migration within the CIS.
The immigration reform, approved in 2014, obliges all migrants to have a residence
permit in order for them to work in the country. This policy attempts to legalize the
Labour market and promote tolerance of residents towards workers arriving from
countries without visas. In 2010, the Ministry of the Interior introduced two systems to
access the labor market: first, a ―license‖ system for citizens of former Soviet
countries with visa-free entry and second, a set of simplified rules for hiring highly
qualified specialists for ―quality‖ immigration. The work license for foreign citizens
guarantees the right to work in the territory of the Russian Federation, provided the
foreign citizen has crossed the border of the country legally and has the right to enter
 the country without a visa.
Russia adheres to the 1951 Geneva Convention on Refugees, the 1967 New York
Protocol on the Status of Refugees and the 1993 Federal Refugee Act. Under these
rules, Russia can grant asylum seekers permanent refugee status or temporary asylum,
which can be extended from year to year.

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

7. Pakistan:
Pakistan is hosting millions of Afghan refugees since more than three decades;
however, it is neither a signatory to the 1951 Refugee Convention nor has developed
refugee specific national legislation. Currently, Pakistan is managing one of the world`s
largest protracted refugee caseload under adhoc arrangements that inadvertently amplify
their vulnerability. The Government of Pakistan (GoP) has issued POR cards that will
now expire in December 2017, after continuous renewals. Apart from registered
refugees, there are also sizable numbers of unregistered Afghans who do not possess
PoR cards.
RRN-Pakistan envisions a protective environment for refugees in Pakistan. The RRN-
Pakistan is an initiative of national organizations and human rights activists, serving as
a network for well-coordinated and effective advocacy about refugee rights through
information sharing, capacity building, and coordination among institutions
involved in
promoting refugee protection in Pakistan and to defend and expand the rights of all
 asylum seekers, detainees and refugees. The overarching goal of RRN-Pakistan is to
ensure refugee protection.
The RRN-Pakistan was initially envisioned in April 2014 during a symposium on
refugee rights held in Tehran organized by Asia Pacific Refugee Rights Network
(APRRN) and Association for Protection of Refugee Women and Children (HAMI). It
was launched in early 2015. SHARP-Pakistan leads (Chair) RRN in Pakistan since
2014.

XV. Best Possible Solutions

 Conflict Resolutions:
Resolving conflicts and establishing peace agreements is crucial to addressing the root
cause migrants and refugees ‘crisis. Strengthen international diplomacy and mediation to
resolve conflicts. Post-conflict reconstruction and reconciliation programs should be
implemented to rebuild communities and promote social cohesion. Supporting local
initiatives for peacebuilding and community development is also essential. The United
Nations and other international bodies can play crucial roles in peace negotiations and
conflict resolution.
 Saving Lives:
World leaders also need to put saving lives first. No one should have to die crossing a
border, and yet almost 7,000 people drowned in the Mediterranean alone in the two years
since the first big shipwreck in October 2013. Thousands of people fleeing persecution in
Myanmar suffered for weeks on board boats while Thailand, Malaysia and Indonesia
bickered over who should help them in May 2015.States can stop this by investing in
search and rescue operations and immediately helping people in distress.
 Political Reforms:
Encouraging democratic governance and human rights is vital to addressing the political
instability that drives migration. Supporting civil society organizations that promote
political reform and holding governments accountable for their human rights obligations
can help create an environment where citizens feel safe and empowered. Economic
incentives can also be offered to governments that implement reforms, promoting a
stable and inclusive political environment.
 Stop Trafficking:
All countries should investigate and prosecute trafficking gangs who exploit refugees and
migrants, and put people‘s safety above all else. Survivors whom Amnesty met in
Southeast Asia said traffickers killed people on board boats when their families couldn’t
pay ransoms. Others were thrown overboard and left to drown, or died from because there
was no food and water.
 Combat Poverty and Economic Hardships
Support economic programs that create jobs and improve livelihoods in regions prone to
 economic migration. Increase development aid targeted at poverty reduction, education,
and healthcare in impoverished countries and Implement fair trade policies that support
economic growth in developing countries.
 Stop Racism:
Governments also need to stop blaming refugees and migrants for economic and social
problems, and instead combat all kinds of xenophobia and racial discrimination. Doing
otherwise is deeply unfair, stirs up tensions and fear of foreigners, and sometimes leads to
violence – even death.
In Durban, South Africa, at least four people died, many were seriously injured, and over
1,000 mainly Burundian and Congolese refugees forced to flee after violence and looting
broke out in April and May 2015.
 Providing Asylum:
The world has a very short memory. In the aftermath of World War II, most countries
agreed to protect refugees through the 1951 Refugee Convention, and through UN
agencies like the UNHCR.
Barbed wire fences and chronic underfunding have left that vision of a better world in
tatters. By ignoring the warning signs, world leaders have allowed a huge, global
humanitarian crisis to
unfold. Ultimately, it will be resolved by ending the conflicts and persecution that forced
people to flee in the first place.

XVI. Case Studies:

1. Case Study – Guardianship of UASC:
During the refugee and migrant crisis in Greece, many unaccompanied and separated
children needed care and protection. Until 2016, the Public Prosecutor acted as temporary
guardian, but this role was not substantively fulfilled, falling short of international and EU
standards. As a result, UNHCR and child protection actors advocated for a specialized
legislative framework to establish requirements, skills, and expertise for guardians,
leading to the drafting and adoption of a new law regulating guardianship for
unaccompanied and separated children. The relevant
L. 4554 was voted in 2018 and UNHCR comments were taken into consideration thus also
leading to the inclusion of the article 19 specifically on the implementation of Best
Interest Procedures in Greece. In 2019, and in view of the application of the new legal and
institutional framework as of March 2020, UNHCR established a tripartite agreement with
the Ministry of Labour and a local partner implementing the law only for the most
vulnerable UAC in the RICs and the urban areas until its transition to the national funding
program (AMIF) in March 2020. 45 guardians and 14 coordination staff were recruited by
the local partner Metatarsi to pilot the law 4554/2018. During the implementation of the
program in 2019, 2,200 UASC received guardianship services.
 Source:https://www.unhcr.org/sites/default/files/2022-12/Case-Study-Guardianship-in-
Greece.pdf

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

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

XVII. Questions to Consider (QARMA):

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

XVIII. Conclusion:
In conclusion, protecting the rights of migrants and refugees is an imperative that demands
coordinated international efforts, robust legal frameworks, and comprehensive support
systems. The initiatives undertaken by international bodies, regional organizations, national
governments, and civil society illustrate a multifaceted approach to addressing the complex
challenges faced by these vulnerable populations.
Looking ahead, future directions must focus on strengthening international cooperation,
enhancing legal protections, expanding support services, promoting safe migration
pathways, empowering migrants and refugees, and leveraging technology and innovation.
By embedding a human rights-based approach within the global migration governance
architecture, we can ensure that migrants and refugees are treated with dignity and respect,
 and that their rights are upheld.
Ultimately, the protection of migrants and refugees is not just a humanitarian obligation but
also a crucial component of achieving global peace, security, and sustainable development.
The collective efforts of all stakeholders will be essential in realizing a future where the
rights of migrants and refugees are fully protected and their contributions to society are
recognized and valued.

XIX. References:
 https://www.britannica.com/topic/refugee
 https://www.amnesty.org/en/latest/campaigns/2015/10/eight-solutions-world-refugee-
crisis/
 https://www.iom.int/global-initiatives-addressing-migration
 https://lordslibrary.parliament.uk/refugees-and-asylum-seekers-uk-policy/
 https://www.unrefugees.org/news/syria-refugee-crisis-
explained/#:~:text=After%20over%20a%20decade%20of,homes%20in%20search%2
0of
%20safety
 https://www.ohchr.org/sites/default/files/Documents/Issues/Migration/MigrationHR_i
mp rovingHR_Report.pdf

Authors
Zainab Faraz
Muhammad Aqdas