[Migration Aware:46] Migration palaver

[Bamgbose JohnOludayo]

Dear Colleagues, Its now over a month that we met in the ancient city of Ibadan, the largest city in the South Sahara to critically examine issues relating to irregular migration. To me, one of the issues raised at the forum which is so germane and which i have pondered over since the seminar is what i like to share with you. I am sure it will certainly interest you.  Can you make a guess?            DO IRREGULAR MIGRANTS / UNLAWFUL ENTRANTS HAVE ANY LEGAL RIGHT(S) DESPITE THE STATUS OF THEIR ENTRY?  Sadly and perhaps regrettably, individuals who do not possess valid entry documents do migrate to other territories, most often, in search of greener pasture. This is condemnable and should not be encouraged at all. However, when people eventually travel through irregular migration, does the fact that they do not possess valid document stripe them of their fundamental human rights which is often the case with some nations? Do international conventions justify the inhumane treatment being meted on irregular migrants? Are they ( irregular migrants)  sub-humans just because they have wronged the law of entry into a particular country? Do countries of destinations have either or both the moral and legal justifications to harass such irregular migrants if apprehended within their jurisdiction? Will two wrongs make a right? Most of these issues will be addressed at a latter seminar coming up at the Nigeria's Federal Capital Territory, Abuja. It is a must attend program for all who aspire to travel. Various High Commissions and Embassies will also find the seminar highly resourceful. Information as agreed at the Ibadan Focal Group Discussion may soon be available. CAPSO and their team through the support grant from the European Commission is the brain behind this project. BAMGBOSE, Oludayo John, Faculty of Law, University of Ibadan, Nigeria. +2347095313801, +2348033505916

--
You received this message because you are subscribed to the Google
Groups "Migration Aware" group.
To post to this group, send email to migrati...@googlegroups.com
To unsubscribe from this group, send email to
migrationawar...@googlegroups.com
For more options, visit this group at
http://groups.google.com/group/migrationaware?hl=en?hl=en

[D. Tola Winjobi]

Dear Colleagues, It is topical issue raised by Dayo on whether or not the irregular migrants have rights. With my little experience as a human rights activist of over  two decades, the so called irregular migrants have some inalienable rights which most of the time the securtity operatives deny them of.   If armed robbers could have some rights (e.g. the right to life and securtity of person), how much more a armless human being who has to migrate to another country for greener pasture or for better living conditions. According to Articles 3-5 of the Universal Declaration of Humna Rights as paraphrased, every one is born with human dignity and has the right to life, liberty and security and could move (migrate) under the law to any place of his choice.   Therefore, it is a denial of human dignity for an irregular migrant to be summarily arrested and placed in the next available flight back to his country. Or worse still, for an irregular migrant to be put behind bars without access to a lawyer simply becuase he does not have valid travel documentation.   May be during the next FGD for those who may still join us, we shall look at some of these international instruments that talk about rights of persons. there are copies of such including African Charter on Peoples and Human Rights.   We welcome more contributions on this issue.   Regards, Tola Principal Coordinator, CAFSO-CPCM National Coordinator, GCAP/MDGs Nigeria Plot 5 Akingbade Street, Opposite New Gbagi Market, Off Old Ife Road, Box 15060, Agodi P. O, Ibadan 200003, NIGERIA. +234 80 306 18326 +234 80 820 08222 tolawi...@yahoo.com http://www.wiserearth.org/user/TolaWinjobi/section/main http://www.internationalpeaceandconflict.org/profile/TolaWinjobi     --- On Thu, 4/29/10, Bamgbose JohnOludayo <olud...@yahoo.com> wrote:

[Bamgbose JohnOludayo]

Dear all, I totally agree with the opinion of Dr Tola Winjobi on this subject matter. In law, there is an obligation referred to as "duty of care" which an individual is deemed to have as a result of being in possession of a premises otherwise referred to as "occupier's liability" to ensure that the environment is safe for all. Traditionally, at the domestic level, an occupier of a premises is deemed to be liable on what happens to visitors ( whether lawful or unlawful visitors) while still within his premises. Even for unlawful visitors, there  is the" duty of care to humanity" which gives an obligation to ensure that people who come to their premises without any lawful justification are safe.  In fact, it is expected that the occupier of that territory has done what is reasonable on his part to ensure the safety of entrants. Different nations of the world need to be enlightened  on how to accord respect on individuals irrepective of their offenses, at least, it is putatively acknowledged that an individual is presumed to be innocent until proven guilty in a competent court. There will also be the need to have bilateral and multilateral agreements reached at regional and global levels prohibiting any nation to humiliate or maltreat any individual unless recourse as been made to appropriate international laws. However, having such laws in place will not be sufficient. Having an effective mechanism to check its compliance will be much more better.

BAMGBOSE, Oludayo John, Faculty of Law, University of Ibadan, Nigeria. +2347095313801, +2348033505916

--- On Thu, 29/4/10, D. Tola Winjobi <tolawi...@yahoo.com> wrote: