Focus: Migrants and IDPs
The Congress published in 2019 "Human rights handbook for local and regional authorities". One of its three chapters is dedicated to the Migrants and internally displaced persons (IDPs). Some of the issues addressed in the Handbook are presented below. To view the whole content, download the Handbook in PDF format.
Definitions
- REFUGEES
A refugee is a person who has a wellfounded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable to - or owing to fear - is unwilling to avail himself of the protection of that
country. In other words, a person is referred to as a refugee from the moment he or she is granted the right to protection from prosecution by a third State (or in specific situations the UN High Commissioner for Refugees).
- ASYLUM SEEKERS
Asylum seekers have applied for protection as refugees in a particular State but are yet waiting to receive a determination of their status. States have put into place different systems and procedures to determine whether an individual qualifies as a refugee.
- MIGRANTS
A migrant is any person who is moving or has moved across an international border or within a State away from his/her habitual place of residence, regardless of that person’s legal status, whether the movement is voluntary or involuntary, what the causes for the movement are or what the length of stay is.
- INTERNALLY DISPLACED PERSONS (IDPs)
According to the United Nations Guiding Principles on Internal Displacement, IDPs 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.
What are their rights?
No matter whether a person falls into the category of refugee, asylum seeker, migrant, or internally displaced person, they are all part of a vulnerable group, as accessing their basic rights is in reality more difficult.
In addition to the most fundamental human rights and freedoms, such as the right to life; protection from torture, inhumane or degrading treatment; the prohibition of slavery and forced labour, freedom
of expression and assembly; the right to demand asylum or respect for private and family life – migrants should also have access to social and economic rights linked to life and dignity, such as the right to adequate housing and shelter; the right to health, social and medical assistance; the right to social protection; where it is necessary to ease poverty and preserve dignity, particularly for migrant children, the right to primary and secondary education; and employment rights, such as fair wages and working conditions.
The right to non-discrimination is obviously particularly important: the specific status of migrants does not justify any discrimination on grounds of race, colour, national or social origin, sex, sexual orientation, language, religion, political or other opinion or any other status.
Challenges in practice
An influx of newcomers to your city or region can imply new challenges that require new responses, both in the interests of your citizens and the arriving population. The degree of new challenges and need for action obviously depends on your local context, existing infrastructure, policies and various other factors. Still one thing is clear: ensuring a successful integration that can be of lasting benefit for your area is only possible through understanding and embracing newcomers’ rights when developing policies.
Responses
- Facilitating integration into your community
- Providing adequate housing
- Enhancing integration in the labour market and economy
- Protecting vulnerable groups (women, unaccompanied minors)
- Providing better access to education
- Countering hate speech and acts of violent extremism
Reference texts and further reading
- Council of Europe - Intercultural cities programme (ICC)
intercultural.cities@coe.int
www.coe.int/interculturalcities - European Union Agency for Fundamental Rights (FRA)
Joining up fundamental rights-Toolkit for local, regional and national public officials:
http://fra.europa.eu/en/joinedup/home - The Office of the United Nations High Commissioner for Refugees (UNHCR)
Regional Refugee and Migrant response plan for Europe, January to December 2017:
http://fra.europa.eu/en/joinedup/home - Solidarity Cities initiative, EUROCITIES network
Cities actions for the Education of Refugees and Asylum Seekers, January 2017:
http://www.eurocities.eu/eurocities/documents/Cities-actions-for-the-educationof-refugees-and-asylum-seekers-WSPO-AHNHJB - United Nations Educational, Scientific and Cultural Organisation (UNESCO)
Cities Welcoming Refugees and Migrants; Enhancing effective urban governance in an age of migration (Inclusive and Sustainable Cities series), 2016:
http://unesdoc.unesco.org/images/0024/002465/246558e.pdf