Persons falling under the Mandate of the International Organization for Migration (IOM) and to Whom the Organization may Provide Migration Services

Abstract

Following on the 1989 revision of the IOM Constitution, this paper examines the extent to which the range of programme activities has been affected and, specifically, the scope of the beneficiaries of IOM's work. Article 1 of the Constitution defines the categories of persons of concern to IOM and to whom the Organization provides migration services. The meaning, however, needs to be understood in light of forty years of operational experience, which confirms that not all those assisted by IOM necessarily fall under the label of ‘migrant’. Many are refugees, exiles without formal refugee status, asylum seekers, or displaced persons. This paper reviews IOM's mandate, considered in the light of internationally accepted definitions and concepts. It therefore looks at the concepts of refugee, asylum seeker, internally and externally displaced persons, migrants and migrant workers. With reference to article 1.1 (a) of the IOM Constitution, annexed to the article, the author notes that the term ‘migrant’ should be understood to cover all cases where the decision to migrate is taken freely by the individual concerned, for reasons of ‘personal convenience’ and without intervention of an external compelling factor; it therefore includes persons and family members moving to another country to better their material or social conditions. Article 1.1 (b) covers those who had or have to leave their country because of persecution, man-made or natural disasters, violation of fundamental human rights or other compelling factors. A residual category described as ‘other individuals in need of migration services’ may well cover others who do not fall within the traditional groups. Moreover, the operational activities of the organization may lead it to offer a measure of de facto protection to those within its mandate, for example, when the provision of international assistance protects the life and physical safety of persons at risk.