State Sovereignty Presentation-2

GROUP 5
GLOBAL FORCED
MIGRATION
GROUP MEMBERS
1.BRUNO MASINA BSOC-LE-ME-28-19
2. SOKALAWO MHONE BSOC-LE-ME-02-19
3.JOHN STIMA BSOC-LE-ME-09-19
4. DALITSO MVULA BSOC-LE-18-19
5.HERBERT STIMA BSOC-LE-ME-40-19
6.JONES CHIDOTHI BSOC-LE-ME-39-19
7. PETER DAVIS BSOC-LE-21-19
OBJECTIVES
• DEFINITION OF TERMS
• LEGAL INSTRUMENTS
• CASE STUDIES
• MITIGATING FACTORS
• CONCLUSION
Migrants in Vavuniya District, Sri Lanka.
Source: UNHCR, 2001
DEFINITION OF HUMAN RIGHTS AND
STATE SOVEREIGNTY
• Human rights are rights that people are entitled to by the virtue of being
human.
• State sovereignty is the absolute power, and autonomy as well as territory
that comes with being a state.
• The very definition of sovereignty entitles states to non-intervention in
their domestic affairs. The idea of Universal Human Rights and the
protection of an individual within a state would appear to come into
direct conflict with this very definition. As such, International Human
Rights obligations are regularly seen as “eroding state sovereignty”
(Ayoob, 2001:93).
LEGAL INSTRUMENTS
• The United Nations Declaration states that a nations action, its laws
and all it is should mirror the standards set out in the UDHR.
• It outlines an extensive and detailed list of Human Rights that are to be
upheld by all nations and enjoyed by all individuals. For Example;
Article 2 of UDHR (1948) states that, “without distinction of any kind, such as
race, color, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status”
And article 13 also states that “Everyone has the right to freedom of
movement and residence within the borders of each State and everyone has the
right to leave any country, including his own, and to return to his country”.
CASE STUDY 1
• In Hirsi Jamaa and others v. Italy
• 11 Somali and 13 Eritrean nationals boarded three vessels from Libya
heading to Lampedusa.
• The vessels were intercepted by Italian authority whilst within
Maltese search and rescue responsibility and were sent back to Libya
Cont’d
• According to the Council of Europe’s Committee for the Prevention of
Torture and Inhuman or Degrading treatment or Punishment, Italy’s
actions breached the principle of non-refoulement ‘wherever it
exercised its jurisdiction (International Journal of Constitution
Law,2015)
• Italy exposed the migrants to risks of forced repatriation as well
treatment prohibited under article 3 of European Convention on
Human Rights (ECHR).
CASE STUDY 2
• The Norwegian cargo ship MV Tampa was refused entry to Australian
waters after rescuing 438 people.
• The asylum seekers still entered Australia after their captain declared
the state of emergency.
• The entry was also influenced by other countries despite the
Australian government hasty protection Bill (2001).
• The act received international criticism and a wide spread approval at
home for their law demanded the said action.
MITIGATING FACTORS
• There is need to increase distribution of resources to host countries
-United Nation High Commissioner for Refugees (UNHCR) should
aim at increasing funding to refugee camps so as to reduce
competitions on available resources in host country.
• All migration related treaties have to be enforced to accommodate
both “states sovereignty” and human rights, so that there is balance.
Cont’d
• Those countries who are most affected by migration issues should be
highly involved in decision making during United Nations General
Assembly.
• Introducing strict laws on issues of human trafficking which will help
to strike a balance between the human rights and state sovereignty
(Global Forced Migration Report, 2020)
An Immigration Officer arresting immigrants
Source: US Department of Immigration Report, 2018
Conclusion
In conclusion, we have observed that states are failing to strike a
balance between state sovereignty and human rights. States are much
concerned with protecting their autonomy, on the other hand,
international bodies on human rights are concerned with rights of
migrants. In trying to balance the conflict, states should actively
participate in the making of the laws that involve the migrants.

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