Madam Engom Ii
Madam Engom Ii
Madam Engom Ii
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SUMMARY OF THE COURSE MATERIAL
INTRODUCTION
Border is simply referred to as a geographical location that distinguishes a country, region or
state it marks where a political jurisdiction ends and another begin. The three types of borders
are the territorial, economic and political borders.
Borders can be classified both as physical, administrative and symbolic security on the other
hand is protecting people, territory, properties from externa and internal threat. Security types
includes National security, Human security and Economic security.
Migration can be classified as voluntary, irregular and forced migration. Migration is push
propelled by economic hardship, conflict and violence political instability, persecution and
discrimination and natural disaster. And pull propelled by political stability economic
opportunities, quality of life educational opportunities.
Securing migration process is termed the securitization of migration thus making national
security a concern for the country, some humanitarian organization such as the UNHCR and
IOM work to protect the rights of migrants and refugee.
There are two theories of migration: world system theory and Newtons theory of migration.
Certain legal policies are made to checkmate border security taking cognizance of international
laws. These laws allow border management to be in consonance with the protection of national
sovereignty to manage border migration control.
As a function, these legal frameworks provide regulation of cross-border movements, protection
of migrants’ rights and coordination among states. The border migration framework intends to
upholds state sovereignty maintain national security in compliance with international laws. This
law is careful to not step on the rights of people especially asylum seekers, refugee and migrants.
There are international laws set aside to protect the migrants such as the International
Convention on the Elimination of all forms of Racial Discrimination (ICESR), Palermo 2000,
International Covenant on Economic Social and Cultural Rights (ICESR)
NIGERIA LEGAL FRAMEWORK FOR BORDER MANAGEMENT
The Nigerian legal framework is meant to safeguard national security, regulate migration, and
prevent smuggling, human trafficking and other illegal activities around the borders.
KEY LEGAL INSTRUMENTS GOVERNING BORDER MANAGEMENT IN NIGERIA
Immigration Act (2015): under which the Nigerian Immigration Service (NIS) was established,
so as to address irregular migration, provision to combat smugglers, human trafficking and
unauthorized migration, manage border surveillance.
ECOWAS protocol on free Movement
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Certain challenges bedeviling implementation of the legal framework includes Porous borders,
security threats but recently, border closure and partnership with international organizations has
helped t develop border management.
INTERNATIONAL CONVENTIONS: international conventions is an agreement between
international bodies stating various guidelines to for managing border migration. For example
the 1951 Refuge convention outlines a refugee rights and obligations for country to protect him
and its protocol prevents referee from returning to a country if he or she faces any threat.
The international Covenant on Civil and Political Rights (ICCPR) 1966 clearly identifies the
civil and political rights of, it e ensures rights to asylum and fair hearing.
REGIONAL AGREEMENT: regional framework are agreements put together by international
states to check the issues of border and migration issues. The Economic Community of West
African States (ECOWAS) established in 1975 with 15 members to encourage peace, stability
and control border migration within the west African states. Its protocol on fee movement allows
a visa free travels within the states of west Africa, it also allows for migration within states in the
face of disaster,
The Schengen Area: allows for the abolition of internal border controls among border states
while implementing common external border controls and visa policies.
The African union migration policies provides guidelines between border states stating the rights
and limitation of migrants, it intends to discourage dispute and manage through cooperation and
capacity building among member states.
European border policies allow, through the Dublin agreement states responsible for processing
asylum application, and is common asylum seekers are granted fair treatment, it’s a joint
operation among member states.
There is a dichotomy between ECOWAS AND EU: ECOWAS focuses on west Africa with an
emphasis on humanitarian and inter-agency cooperation while the EU focuses on a broader scale
including the Schengen area and other external control mechanism.
CHALLENGES FACED BY BORDER MIGRATION
It is important to note that there are various challenges faced as a result of migration although
many benefits of migration have been outlined, these challenges are interconnected and is a
global menace.
Terrorism: this has over the years been facilitated by migration as terrorists take
advantages of porous migration system to weaponize and radicalize vulnerable
individuals to execute dangerous an unpalatable mayhem in and out of the countries.
Smuggling: it is thriving all thanks to border migration, this allows for introduction of
illegal items in and out of a country, this will include drugs weapons and humans either
for sale or prostitution, exploiting migrants of exaggerated fee and subjecting them to
harsh and dangerous condition.
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Trafficking: this involve forceful kidnap of humans to be transported to states in violation
of human rights, mutilating and subjecting the to various harsh sexual conditions.
Organized crimes thrive in the face of a porous border management system.
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