Global perspectives on
migrant interdiction
François Crépeau
Canada Research Chair in International Migration Law
University of Montreal
François Crépeau - CCR Conference
Toronto 2006
1
Historical Context
Mid-eighties:
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Rise in asylum claims
Sharp reduction of immigration (oil crisis)
Europe: immigration becomes a political issue
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States react:
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Reform of refugee determination
Security agencies given new mandate
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Objective: reducing the numbers
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François Crépeau - CCR Conference
Toronto 2006
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Nineties:
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Fortress Europe
Migrant smuggling (in its many forms) becomes
the norm rather than the exception
States make irregular migration part of
international criminality
The irregular migrant becomes a dangerous
character in the government and media
discourse
François Crépeau - CCR Conference
Toronto 2006
3
Deterrence measures
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Faster refugee determination
Elimination of appeals: credibility issue + RAD
Restricted access to labour market
Reduced legal aid and social protection
Increased detention
Criminalization of all help to irregular migration
Excessive penalties for migrant smuggling
Safe third country agreements
François Crépeau - CCR Conference
Toronto 2006
4
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Deterrence measures are insufficient
Migration pressure remains
Human rights protection in democracies mean
that authorities cannot do whatever they want
with irregular migrants
Some deplore that: Geoffrey Simpson
Some defend that: lawyers in courts
Public opinion is probably on side with the
authorities
François Crépeau - CCR Conference
Toronto 2006
5
Preventive measures
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Visa regimes
Carrier sanctions
Training of border personnel
Interception mechanisms en route
Immigration intelligence
Personal information databases and exchanges
Conditionalities on international economic cooperation
Militarization of borders and seas
Externalization of asylum protection
Rejection of international human rights law
François Crépeau - CCR Conference
Toronto 2006
6
The agenda of securitising migration
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Migration as part of a new international security
paradigm
Migration controls are now part of the phenomenon
of “securization of the public space”
The security paradigm leads to
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New administrative structures
Policy developments
Increased international cooperation
Discriminatory practices that remain unchecked
François Crépeau - CCR Conference
Toronto 2006
7
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Human rights paradigm must prevail over the
security paradigm.
The judiciary is our last resort, as it has been
for women, detainees, Aboriginals, gays and
lesbians, etc.
François Crépeau - CCR Conference
Toronto 2006
8
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Controlling irregular migration in Canada