Combating Labor-trafficking and Protecting Migrants’ Property Rights: The Case of IGAD’

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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.



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