Combating Labor-trafficking and Protecting Migrants’ Property Rights: The Case of IGAD’
No Thumbnail Available
Date
2021-05
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
In the governance of international migration in general and African RECs‟ free movement of
people governance in particular, there are three interconnected driving interests that should be
taken into consideration: State National interest, Protection of Migrants‟ Human Right; and
Regional Integration and Development Agenda. From the human right aspect, migration
governance should take into context the prevention of trans-national crime, especially human
trafficking and protection of migrant‟s human right both in their route and at their destination.
With this background this paper provides the study conducted by the IGAD regional migration
governance system emanating from regional migration policy with regards to protection of
migrants human rights. From the vast human right concern, the study focuses specifically on
realizing regional legal strategy to prevent illegal labour traffickers which is common challenges
of the region; and protection of migrants proprietary right to realize secure immigrants property
ownership safe from any potential xenophobic attack especially against self-employed immigrants.
This is because of the fact that recently adopted IGAD regional free movement of peoples core
contents are free movement of labour with the right to equal access to labour market; and the right
to have economic establishment both having residence right. The Objective of the study is to
review other international, African continental and REC‟s legal framework and best effective
practices to realize migrants‟ human right protection and recommend IGAD effective legal
migration governance to realize free, secured and regular migration. The data used for the study
are secondary sources and collected through a purposive sampling method. The study utilized
desktop review method with comparative qualitative analysis method to analyze the data from the
regional governance aspect. The finding shows that the draft protocol did not adopt an effective
mechanism for safe migration by failing to recognize a practically tested effective strategy utilized
in most of the international and African migration governance to realize free, secured and regular
migration. The common standard of international strategy and principle of free migration
governance which are duly incorporated in other African REC‟s are specifically recommended to
be incorporated in IGAD regional legal governance to realize protection of immigrants‟ human
right by preventing irregular labour migration and discrimination against non-nationals, under
the guise of national interest of member states, which are common and/or potential challenges of
the region.
Description
Keywords
IGAD, AU, Migration, Free Movement of People, Migration Management, Cooperative Migration/Border Management, AU Free Movement of People Protocol, IGAD Free Movement of People Protocol, African Union‘s Border Management Strategy, IAMM