International Migration Law: Glossary on Migration

1 Migrant Worker Best PracticesNationalityAsylum SeekersImmigrationRefoulementAccordVisTr avellerReintegrationCheckpointLabour MigrationSlaveryForeignerJus CogensProtectionMigrantBondLabourIllegal Entry AdjudicatorLaissez-PasserNomadStateless PersonNeutralityRacial DiscriminationInfluAbductionRacismGuardi anExpulsionDe FactoRefugeesForced MigrationAmnestyTemporaProtection Internally Displaced PersonsBest PracticesCivil And Political RightsSpontaneous MigrationOatInstrumentChild AdoptionKidnappingAlienDiplomaticProtect ionForced MigrationLookout SystePermanent SettlersOrganized CrimeHuman TraffickingFundamental Human RightsAssimilationBondagCarrierFraudulen t DocumentImmigration ZoneLabour Migration Receiving CountrySafe HavUndocumented Migrant WorkerXenophobiaAbductionConsular Protection EmigrationTerrorisBrain-DrainGenocideInt ernational ProtectionVulnerable GroupsExclusion Worst Forms Of Child LaboArmed ConflictDeceptionInternal MigrationAncestry Based SettlersInfluxOmbudsmanRescue At SeAdmissionIrregular MigrationDiplomaticAsylumForced ReturnCitizenTravel DocumentsOverstClandestine MigrationRepatriationAssisted Voluntary ReturnIntegrationConveyanceResettlementB iometricDomicileExtraditionOrderly MigrationLoss Of NationalityMigration ManagementAdoptionPopulatioDisplacement RemittancesCountry Of DestinationGreen CardTemporary ProtectionHoldinCentreMinorityShort-Term MigrantBorder

2 ReturnExclusionBorder ControlDeceptionExtradition FrontWorkerMigrant FlowPassportTortureUrban-Urban MigrantsWorking PermitDerogatioRight To ReturnBest PracticesCivil And Political RightsSpontaneous MigrationOathInstrumentChild AdoptKidnappingAlienDiplomatic Labour MigrationSlaveryForeignerJus CogensProtectionMigrantBonded Labollegal Entry AdjudicatorLaissez-Passer Worst Forms Of Child LabourArmed ConflictDeceptionInternal MigratioInternational Migration LawGLOSSARYONMIGRATIONA ccordVisaTravellerReintegrationCheckpoin tLabour MigrationSlaveryForeignerJus CogensProtectionMigrantBonded Labourllegal Entry AdjudicatorLaissez-PasserNomadStateless PersonNeutralityInfluxAbductionRacismExp ulsionForcedInternally Best PracticeAdoptionKidnaProtectionFHuman Trafficking 04-Oct-04 15:26 Page 1 IOM is committed to the principle that humane and orderly Migration benefitsmigrants and society.

3 As an intergovernmental body, IOM acts with its partners in theinternational community to: assist in meeting the operational challenges of Migration ;advance understanding of Migration issues; encourage social and economic develop-ment through Migration ; and uphold the human dignity and well-being of : International Organization for Migration17 route des Morillons1211 Geneva 19 SwitzerlandTel: + 91 11 Fax: + 61 50E-mail: 1813-2278 2004 International Organization for Migration (IOM)All rights reserved. No part of this publication may be reproduced, stored in aretrieval system, or transmitted in any form or by any means, electronic, mechanical,photocopying, recording, or otherwise, without the prior written permission of 04-Oct-04 14:14 Page 1 International Migration 12-Oct-04 16:07 Page 1 Document1 06/12/02 16:00 Page 13 Glossary on MigrationFOREWORDM igration is increasingly being acknowledged as an issue that needs a globalapproach and coordinated responses.

4 States are not only discussing Migration issuesat the bilateral level, but also regionally and lately in global arenas. A commonlyunderstood language is indispensable for such coordination and internationalcooperation to be successful. This Glossary attempts to serve as a guide to the mire ofterms and concepts in the Migration field, in an effort to provide a useful tool to thefurtherance of such International Glossary has been some time in the making. Informal drafts were preparedby IOM in the seventies and used by its staff. A renewed attempt to a consolidationwas made in the late eighties by IOM technical cooperation centre in Vienna and itsoutput was published in 2001 in the Migration Handbook edited by P.

5 J. Van the context of IOM s recent initiative to strengthen and enhance its involvement inthe field of International Migration law, the decision was taken to produce this glossaryand to consolidate into one definitive text the terminology used in the Migration fieldin order to provide a reliable reference for practitioners, government migrationofficials, students and others. The present product cannot be said to be exhaustiveand any comments or suggestions for an eventual second, and more complete, editionwill be compiling the Glossary , it became quickly apparent that definitions in thisfield are often vague, controversial or contradictory. There is an absence of universallyaccepted definitions, which stems partially from the fact that Migration is somethingwhich has traditionally only been addressed at the national level; the result is that theusage of Migration terms varies from country to country.

6 Further, even within acountry, terms can vary as to the meaning or implication. Definitions and this istrue of all terminology, not only that related to Migration may vary according to agiven perspective or approach. Migration is of concern to a number of bodies,including governments of both sending and receiving countries, police and borderauthorities, governmental and non-governmental organizations, migrants there are no universally accepted definitions, the potential exists for eachgroup to decide, formally or informally, on its own definition, according to itsperspective. By way of example there was a wide array of definitions for the term trafficking , which have only recently been consolidated with a definition beingprovided in a formal treaty at the International level; many other terms have not yetbeen internationally agreed upon.

7 Within this Glossary , care has been taken to providethe International definition where it exists; in other cases, a general definition isprovided and mention made of alternative Migration LawAnother challenge faced in this compilation was the variety of terms used todescribe the same or similar phenomenon. For example, there may be nuances betweenthe terms illegal Migration , clandestine Migration , undocumented Migration and irregular Migration ; however, to a large extent they are used loosely and ofteninterchangeably. To this end, some cross-referencing of terms has been inevitable inorder to guide the reader to alternative or interchangeable but not least, I wish to express my gratitude and appreciation to Shyla Vohra,Jillyanne Redpath and Katarina Tomolova, my colleagues in Legal Services, whocontributed to this endeavour and made it happen: their competence, smiling dedicationand untiring efforts were instrumental in bringing the Glossary to Perruchoud (Ed.)

8 5 Glossary on MigrationAabductionThe act of leading someone away by force or fraudu-lent also kidnapping, traffickingaccordSee treatyacculturationThe progressive adoption of elements of a foreignculture (ideas, words, values, norms, behaviour, insti-tutions) by persons, groups or classes of a givenculture. The partial or total adaptation is caused bycontacts and interactions between different culturesthrough Migration and trade the Migration context, a decision as to whether anapplicant is qualified for the visa, refugee status, orother immigration status s/he generic term to describe a government official whois authorized by law to issue of statusSee change of statusadmissionThe granting of entry into a State.

9 An alien has been admitted if s/he passed through a checkpoint (air,land or sea) and is permitted to enter by borderofficials. An alien who has entered clandestinely isnot considered to have been also border officials, checkpoint, entry, non-admissionadoptionThe statutory process of terminating a child s legalrights and duties toward the natural parents andsubstituting similar rights and duties toward adoptiveparents (family law).In International law, the term is used to denote theagreement of the parties as to what the text of aproposed treaty shall of supportA certified legal document, normally signed by asponsor, guaranteeing full cost of maintenance to amigrant to enable entry to be granted into the country,frequently required for elderly migrants and those whoare ill and unable to fend for Migration LawagreementA mutual understanding (written or unwritten)

10 Between two or more parties intended to have a legallybinding also treatyalienA person who is not a national of a given also foreigner, non-national, undocumented alienamnestyA general pardon that is used in tandem with legalization and deals with people who can showresidence in a country for which the amnesty isgranted, despite the fact that such residence also legalization, regularizationancestry based settlersForeigners admitted by a country other than their ownbecause of their historical, ethnic or other ties withthat country, who, by virtue of those ties, are immedi-ately granted the right of long-term residence in thatcountry or who, having the right to nationality in thatcountry, become nationals within a short period also alien, foreigner, national, nationality,appealA procedure undertaken to review a decision bybringing it to a higher authority.