Abstract

The issue of desert migration has remained an intractable problem in the context of human rights. Desert migration raises unabated and a major concern because of the problems that come with it. Illegal migration has highlighted the need for and the challenge of having a proper human rights impact assessment of desert migration which will help in providing a suitable legal framework. This article primarily seeks certain protections accorded to migrants on desert migration and identifies problems associated with desert migration and the states of stranded migrants under human rights law. It is written by using a doctrinal legal research methodology that adopts analytical and qualitative approaches and builds its argument on existing literature which is achieved by synthesis of ideas. This article noted that there is a significant protection gap in the international and regional human rights architecture which oftentimes result in inadequate protection of migrants from human rights violation. It is argued that in order to guarantee a robust protection of migrant's rights outside their place of origin, a more integral response to critical human rights and development challenges is capable of addressing the protection gap. Furthermore, the article demonstrated that adopting a new approach with comprehensive instruments on migrant's rights protection and resettlement will be able to eradicate unabated violations of migrant's rights around the globe.

Highlights

  • Over the years, migration is arguably been a social phenomenon that is the natural result of human nature

  • This article primarily seeks certain protections accorded to migrants on desert migration and identifies problems associated with desert migration and the states of stranded migrants under human rights law

  • It is written by using a doctrinal legal research methodology that adopts analytical and qualitative approaches and builds its argument on existing literature which is achieved by synthesis of ideas

Read more

Summary

INTRODUCTION

Migration is arguably been a social phenomenon that is the natural result of human nature. Arbitrariness and migrant's rights violation continually raises the questions of how just and equitable the migration laws are. The analytical part of this paper is begun with a clarification on the definition, concept, and rights of desert migrants along with challenges arising from it. It reveals the causes of migration and scrutinizes the categorization of an internally displaced person. The paper identifies the means of the international protection system as provided by relevant legal instruments. It summarizes all findings, basic ideas, and opinions in the conclusion as well as proposing some constructive recommendations

Definition of Migrant
Human Rights of Migrant
The Concept of Migration
Notable Challenges Arising from Desert Migration
Rights of Migrants
Causes Of Migration
Internally Displaced Persons
The Notion of Resettlement
Overview of International Protection System
Some Notable Legal Instruments
Shortcomings of the Existing Legal Instruments
CONCLUSION
Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call