GLOSSARY


go backAcculturation

The progressive adoption of elements of a foreign culture (ideas, words, values, norms, behaviour, institutions) by persons, groups or classes of a given culture. The partial or total adaptation is caused by contacts and interactions between different cultures through migration and trade relations.

(See also assimilation)


go backAmsterdam Treaty

The Treaty of Amsterdam was adopted at the Amsterdam European Council on 16 and 17 June 1997 and signed on 2 October 1997 by the Foreign Ministers of the back then fifteen Member States of the EU. It entered into force on 1 May 1999.
The treaty reorganized the EU-wide cooperation in the fields of justice and home affairs, setting as its objective the establishment of an area of freedom, security and justice. Certain sectors formerly in the intergovernmental section of the EU and EC Treaties were brought within the Community framework, giving EU institutions scope for action on a wider range of issues.
(Source: European Commission, Justice and Home and Affairs)


go backAssimilation

Adaptation of one ethnic or social group – usually a
minority – to another. Assimilation means the
subsuming of language, traditions, values and
behaviour or even fundamental vital interests and an
alteration in the feeling of belonging. Assimilation
goes further than acculturation.


go backAsylum

Asylum is a form of protection given by a state on its territory based on the principle of ‘non-refoulement’ and internationally or nationally recognised refugee rights. It is granted to a person who is unable to seek protection in its country of citizenship and/or residence in particular for fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. (See Geneva Convention)
(Source: European Commission, Justice and Home Affairs)


go backAsylum-seekers

Persons who file an application for asylum in a country other than their own. They remain in the status of asylum-seeker until their application is considered and adjudicated


go backBenes Decrees

The Benes decrees (Czech: Benesovy dekrety; German: Benes-Dekrete; Slovak: Benesove dekréty; Hungarian: Benes dekrétumok) refers to a series of laws enacted by the Czechoslovak government of exile during World War II. Today, the term is most frequently used for the part of them dealing with status of Germans and Hungarians in post-war Czechoslovakia and has become a symbol for the whole issue of the Czech ethnic cleansing and extermination of Germans and Hungarians.

The Benes decrees are most often associated with ethnic cleansing in 1945-47 of about three million former Czechoslovak citizens of German ethnicity (see Sudetenland) in the Czechoslovakia to Germany and Austria. However, they do not directly refer to the expulsion. It was the Potsdam conference in 1945 in which the Allied powers agreed to the ethnic cleansing of some 11 million ethnic Germans from Eastern Germany, Poland, Czechoslovakia and Hungary. The Czechoslovak government expelled Czechoslovakia's German population into the "occupation zones" which were set up in post-war Germany.


go backBorder

Border crossings per year at around 1,700 check points. Frontex, the EU’s fledgling border agency, is responsible for co-ordinating border management across most of Europe. The agency first came to public attention in 2005, after tens of thousands of Africans began arriving on Europe's southern shores in makeshift boats. EU governments asked Frontex to intervene, by co-ordinating multicountry coastal patrols and working to get humanitarian and medical assistance to migrants stranded at sea. Frontex has since negotiated agreements with Libya, Mauritania, Morocco and Senegal, which have allowed the agency to divert numerous boats (containing some 4,000 people) in waters controlled by those countries in 2006. 

Border checks

Monitoring of individuals crossing frontiers between countries: the area of freedom security and justice means that border checks within the EU have been removed inside the Schengen area; stricter controls remain at the EUs external borders.

(See also Schengen, border management)

Borders, external

Borders between EU Member States and countries outside the EU. With the removal of the EUs internal borders, security at external borders has been given special emphasis. (Source: European Commission, Justice and Home Affairs)


go backBorder management

Facilitation of authorized flows of business people, tourists, migrants and refugees and the detection and prevention of illegal entry of aliens into a given country. Measures to manage borders include the imposition by states of visa requirements, carrier sanctions against transportation companies bringing irregular aliens to the territory, and interdiction at sea. International standards require a balancing between facilitating the entry of legitimate travellers and preventing that of travellers entering for inappropriate reasons or with invalid documentation.


go backBrain drain

The phenomenon of large numbers of educated and skilled persons leaving their country of origin to seek work elsewhere, usually in a wealthier country. This can be detrimental to poorer countries that have the least resources to spend on education and training, and the greatest need for a skilled workforce.

(See also <--> brain gain)


go backBrain gain

Immigration of trained and talented individuals from a third country into the receiving country. Also called reverse brain drain.


go backChain migration

Chain migration refers to a process in which initial movements of migrants lead to further movements from the same area to the same area. In a chainmigration system individual members of a community migrate and then encourage or assist further movements of migration.


go backCharter of Fundamental Rights

The Charter of Fundamental Rights of the European Union consolidates rights contained in Community Treaties, EC Court of Justice case-law, international conventions, constitutional traditions common to the Member States and a range of European Parliament declarations. (Source: European Commission Justice and Home Affairs)


go backCircular migration

The term refers to temporary labour migration at periodic intervals. Country of residence can be the country of origin as well as the country of destination. Circular migration is then a migration movement for the purposes of temporary work that is repeated over the years.
In some countries (e.g. Italy and the UK) this type of migration is regulated by means of annual "flow decrees," which establish entry quotas for seasonal work, for example, the agriculture and the hotel-and-tourism sectors, with "residence contracts" that allow immigrant workers to reside in Italy for not more than nine months per year. Seasonal residence contracts are usually for workers from a limited number of countries with which the host country has stipulated bilateral agreements. Furthermore, since such contracts are not automatically renewable for the following year, migrant workers are effectively denied the possibility of settlement. also be thousands of undocumented immigrant workers, who move from one province to another, from one region to another, travelling from one harvest to the next.
In other countries (Belgium, for instance) this type of migration is not formally regulated but well known by the authorities, above all, by the police. The police may expel irregular workers, while at the same time recognising that they would find it easy to return.


go backCitizens deported from abroad

Citizens returning to their country as a result of deportation procedures against them in another country.


go backCitizenship

The country in which a person is born or naturalized and in which that person has rights and responsibilities (Source: Migration Information)


go backCitizenship of European Union

The 1991 Maastricht Treaty established the concept of European citizenship, dependent on national citizenship of an EU Member State. EU citizenship confers a range of rights, including freedom of movement and the right to vote and stand in local and European elections in every Member State.


go backCivil and political rights

Commonly used to describe the various rights contained in the International Covenant on Civil and Political Rights, 1966 (e.g. right of self-determination; of free disposition of natural wealth and resources; of non-discrimination; of equal rights of men and women; right to life; freedom from torture, cruel, inhuman or degrading treatment or punishment; of freedom from slavery and servitude; of freedom from arbitrary arrest or detention; of freedom of movement within a State; right to liberty and security of the person; equality before the courts; right to a fair and public hearing by an impartial tribunal in respect of criminal charges; prohibition of retroactive criminal liability; right of privacy of the family, the home or correspondence; freedom of thought, conscience and religion; freedom of expression; right to peaceful assembly; freedom of association and of participation in public affairs).


go backCommissioner for Human rRghts

The post of Commissioner for Human Rights was created in 1999. The Commissioner is responsible for promoting education, awareness and respect for human rights in member states and ensuring full and effective compliance with Council of Europe texts. The Commissioner plays a supporting and essentially preventive role, without. legal powers.The first holder of the post is Alvaro Gil-Robles (Spain) who was elected by the Parliamentary Assembly in September 1999.


go backContract migrant workers

Persons working in a country other than their own under contractual arrangements that set limits on the period of employment and on the specific job held by the migrant (that is to say, contract migrant workers cannot change jobs without permission granted by the authorities of the receiving state).


go backCountry of destination

The country that is a destination for migratory flows (legal or illegal).

(See also <--> country of origin)


go backCountry of origin

The country that is a source of migratory flows (legal or illegal).

(See also <--> country of destination)


go backCountry of transit

The country through which migratory flows (legal or illegal) move.


go backde facto refugees

Persons not recognized as refugees within the meaning of the UN Convention Relating to the Status of Refugees, 1951 and Protocol relating to the Status of Refugees, 1967, and who are unable or, for reasons recognized as valid, unwilling to return to the country of their nationality or, if they have no nationality, to the country of their habitual residence.


go backDeportation

The act of a state in the exercise of its sovereignty in removing an alien from its territory to a certain place after refusal of admission or termination of permission to remain. (See also expulsion, refoulement)


go backDerogation

Restriction or suspension of rights in certain defined situations. For example International Covenant on Civil and Political Rights, 1966 permits a state to derogate from its obligations under the Covenant “in time of public emergency which threatens the life of the nation.” The partial repeal or abrogation of a law by a later act that limits its scope or impairs its utility and force.


go backDetention

Restriction on freedom of movement, usually through enforced confinement, of an individual by government authorities.


go backDevelopment

A process of expanding the freedoms that people enjoy, (these being) not only the primary ends of development (...) but also among its principal means


go backDiaspora

Diasporas are broadly defined as individuals and members of networks, associations and communities who have left their country of origin, but maintain links with their homelands. This concept covers more settled expatriate communities, migrant workers based abroad temporarily, expatriates with the citizenship of the host country, dual citizens, and second-/third-generation migrants.


go backDiscrimination

A failure to treat all persons equally where no reasonable distinction can be found between those favoured and those not favoured. Discrimination is prohibited in respect of “race, sex, language or religion” (Art. 1(3), UN Charter, 1945) or “of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or
other status” (Art. 2, Universal Declaration of Human Rights, 1948). (See also non-discrimination)


go backDisplaced persons

A person who flees his/her State or community due to fear or dangers other than those which would make him/her a refugee. A displaced person is often forced to flee because of internal conflict or natural or manmade disasters.

(See also displacement, de facto refugees, externally displaced persons, internally displaced persons)


go backDisplacement

A forced removal of a person from his/her home or country, often due to of armed conflict or natural disasters.

(See also displaced person)


go backDocumented migrant

A migrant who entered a country legally and remains in the country in accordance with his/her admission criteria.

A documented migrant worker or members of his/her family are authorized to enter, to stay and to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which that State is a party (International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990).

(See also <--> undocumented migrant)


go backDublin Agreement

 An agreement between EU States (adopted in 1990, entered into force in 1997) determining which Member State of the European Union is responsible for examining an application for asylum lodged in one of the contracting States. The Convention prevents the same applicants from being examined by several EU Member States at the same time, as well as ensuring that an asylum-seeker is not re-directed from state to state simply because no one will take the responsibility of handling his/her case.


go backEconomic migrant

A person leaving his/her habitual place of residence to settle outside his/her country of origin in order improve his/her quality of life. This term may be to distinguish from refugees fleeing persecution, is also used to refer to persons attempting to enter country without legal permission and/or by asylum procedures without bona fide cause. It applies to persons settling outside their country of origin for the duration of an agricultural season, appropriately called seasonal workers.


go backEconomic, social, cultural rights

Rights that concern the production, development, and management of material for the necessities of life. The right to preserve and develop one's cultural identity. Rights that give people social and economic security, sometimes referred to as security-oriented or second generation rights. Examples are the right to food, shelter, and health care.


go backEmigration

The act of departing or exiting from one State view to settle in another. International human norms provide that all persons should be free to any country, including their own, and that only in limited circumstances may States impose restrictions on the individual’s right to leave its territory.

(See also <--> immigration)


go backEnviromental migrant

An environmental migrant is characterized as a person who, for compelling reasons of sudden or progressive change in the environment that adversely affects his/her life or living conditions, is forced to leave his/her habitual home and cross a national border, or chooses to do so, either temporarily or permanently. Environmental migrants may be distinguished between two categories:
- Environmentally motivated migrants are defined as those persons who pre-empt the worst by leaving before environmental degradation results in devastation of their livelihoods and communities. These individuals may leave a deteriorating environment that could be rehabilitated with proper policy and effort. Their movement may be temporary or permanent.
- Environmental forced migrants are defined as those persons who “are avoiding the worst. These individuals have to leave due to a loss of livelihood, and their displacement is mainly permanent. Examples include displacement or migration due to sea level rise or loss of topsoil.


go backEthnic Cleansing

Ethnic cleansing is a litteral translation of the expression etnicko ciscenje in Serbo-Croatian/Croato-Serbian. The origin of this term is difficult to establish. The term derived its current meaning during the war in Bosnia and Herzegovina. As military officers of the former Yugoslav People's Army had a preponderant role in all these events, the conclusion could be drawn that the expression 'ethnic cleansing' has its origin in military vocabulary. The expression to clean the territory is directed against enemies, and it is used mostly in the final phase of combat in order to take total control of the conquered territory.

Sourced from: Ethnic Cleansing - An Attempt at Methodology written by Drazen Petrovic  for the European Journal of International Law in 1994


go backEthnic German repatriates

A special group of immigrants to Germany is the "late repatriates", ethnic Germans from the former Soviet Union and Eastern bloc countries.

As a result of World War II, ethnic Germans in these areas faced persecution and serious discrimination for decades after the war's end. Persons who continue to face such discrimination today, along with family members who are not ethnic Germans, are eligible to relocate to Germany under special rules. By law, they acquire German citizenship when issued a repatriates certificate.

Up to 31 December 1992, it was assumed that all ethnic Germans living in these areas had personally suffered discrimination due to their ethnicity. The same still applies to applicants from the territory of the former Soviet Union. All other applicants must demonstrate evidence of individual discrimination.

Since the mid-1990s, the number of ethnic Germans arriving under this programme has shrunk steadily relative to that of their non-ethnic German spouses, children or other eligible family members (currently only about 20% annually). As a result, the proportion of "late repatriates" who do not speak German has grown. Their lack of German language skills has made it more difficult for members of this group to become integrated in Germany, which in turn has increased social concerns and reduced public acceptance for taking in additional ethnic Germans from Eastern Europe and the former Soviet Union.

Following recommendations of the Independent Commission on Migration to Germany, effective 1 January 2005, non-ethnic German spouses and children must demonstrate a basic knowledge of German.
The Federal Office of Administration is responsible for processing the admission and distribution of ethnic German repatriates.


go backEurodac

A computerised central database, agreed upon in 2000, for comparing the fingerprints of asylum applicants in the EU.


go backEuropean Commission against Racism and Intolerance (ECRI)

The European Commission against Racism and Intolerance (ECRI) was established in 1993. ECRI is an independent monitoring mechanism, whose task is to combat racism, xenophobia, antisemitism and intolerance in all Council of Europe member States from the perspective of the protection of human rights. Its action covers all necessary measures to combat violence, discrimination and prejudice faced by persons or groups of persons, on grounds of race, colour, language, religion, nationality and national or ethnic origin.


go backEuropean Convention on Human Rights

The Council's most significant achievement is the European Convention on Human Rights, which was adopted in 1950 and came into force in 1953. It sets out a list of rights and freedoms which states are under an obligation to guarantee to everyone within their jurisdiction (among other things, the right to life, to protection against torture and inhuman treatment, to freedom and safety, to a fair trial, to respect for one's private and family life and correspondence, to freedom of expression (including freedom of the press), thought, conscience and religion). Protocols have added other rights to those set out in the Convention, such as the abolition of the death penalty (Protocol No. 6).



go backEuropean Court on Human Rights

The Convention establishes an international enforcement machinery, the European Court on Human Rights, whereby states and individuals, regardless of their nationality, may refer alleged violations by contracting states of the rights guaranteed in the Convention to the judicial institutions in Strasbourg established by the Convention. Its jurisdiction is compulsory for all contracting parties. It sits on a permanent basis and deals with all the preliminary stages of a case, as well as giving judgment on the merits. The Court consists of a number of judges equal to the number of contracting states to the Convention. Although candidates are initially put forward by each government, judges enjoy complete independence in the performance of their duties and do not represent the states which proposed them. The current President of the Court is Luzius Wildhaber (Switzerland). Monitoring the Court's judgments in which a violation is found is the task of the Committee of Ministers.


go backEuropean Migration Pact

The interior ministers of Britain, France, Germany, Italy, Poland and Spain meet every six months – as the so-called G-6 – to strengthen practical co-operation between the EU’s largest domestic security and immigration services. These countries adopt a ‘European pact on migration’ in October 2008, during the French presidency.
One of the main aims of the proposed pact is to end the practice of mass amnesties for illegal immigrants in the EU. For example, northern EU countries were dismayed in 2005, when Spain gave residency (and therefore free movement around the EU) to 750,000 illegal immigrants. Northern European countries believe such amnesties are a ‘pull factor’ that spark off mass migrations to Europe.  But Spain and like-minded Mediterranean countries also want a grand migration bargain that includes money and resources to help them shoulder the burden of being the EU’s gateway. Cyprus, Greece, Malta, Portugal and Spain have all criticised the EU for not helping them enough with large-scale migration from Africa and the Middle East.
If agreed, an European migration pact will probably mean an end to one-off amnesties for illegal migrants; joint action to strengthen borders, including the adoption of similar technology; and more EU pressure on countries in Africa, Eastern Europe and elsewhere to take back illegal entrants.


go backEuropean Social Charter

The European Social Charter sets out rights and freedoms and establishes a supervisory procedure guaranteeing their respect by the states parties. All Europeans share these rights under the Charter and they affect every aspect of daily life, including housing, health, education, employment, legal and social protection, free movement of persons and non-discrimination .


go backEuropean Union Agency for Fundamental Rights

On 1 March 2007 the European Monitoring Centre on Racism and Xenophobia and the Austrian was launched by the European Commission in Vienna. The Fundamental Rights Agency replaces and builds on the work of the European Monitoring Centre on Racism and Xenophobia (EUMC). Going beyond the work of the Monitoring Centre, the Fundamental Rights Agency will have three key functions: to collect information and data; provide advice to the European Union and its Member States and promote dialogue with civil society to raise public awareness of fundamental rights.


go backEuropen Pact on Immigration and Asylum

The Pact (2008), which provides non-legally binding guideliines for furture EU immigration policy, asylum and border management, gives priority to national competence over that of the EU in the area of immigration and asylum. Its approach is apparently based on a security rationale. The focus is now on redrecting migrationpolicy towards economic (largely skilled) immigration. The objective is to make the EU more attractive to highly qualified workers and further facilitate the reception of students and researchers and their movement within the EU.


go backExclusion

The formal denial of an alien’s admission into a State. In some States, border officials or other authorities have the power to exclude aliens; in other States, exclusion is ordered by an immigration judge after a hearing.


go backExodus

Movements in groups (isolated and sporadic) out of country of origin. Mass exodus is a movement in large numbers or of a section of the community at a given time.

(See also diaspora)


go backExploitation

The act of taking advantage of something or someone, in particular the act of taking unjust advantage of another for one’s own benefit (e.g. sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs). See also forced/compulsory labour, slavery, trafficking in persons.


go backFADO

An image archiving system established at national level to combat irregular immigration and organised crime. This database facilitates the exchange of information between member states on documents.


go backFamily reunification/EU

The process by which family members of a third-country national who is a legal resident in a Member State of the EU can receive residency permits and obtain the right to work in that same Member State.


go backFamily reunification/reunion

Process whereby family members already separated through forced or voluntary migration regroup in a country other than the one of their origin. It implies certain degree of state discretion over admission.


go backFeminization of migration

The growing participation of women in migration (some 49 per cent of all migrants globally are women). While the proportion of migrants who are women has not changed greatly in recent decades, their role in migration has changed considerably. Women are now more likely to migrate independently, rather than as members of a household, and they are actively involved in employment.


go backForced migration

One thing all types of forced migration do have in common is that the members of an ethnically defined section of the population had to leave their homes because they belonged to that very group. This is why all these phenomena can be subsumed under the term forced migrations.

There is a number of terms used for forced migrations and related phenomena, terms which on the one hand describe different events but on the other hand can be used because they are linked to a specific interpretation of historic events. The terms "Aussiedlung" ("relocation") or "Umsiedlung" ("resettlement") suggest an orderly procedure. A similar connotation adheres to the Czech expression odsun ("expulsion") or the Polish term "repatriation", which was used during the communist era for the forced resettlement of the Polish population from those areas that had been annexed to the Soviet Union after World War II.

Forced migration always originates with governments (or de facto governments, as in former Yugoslavia), which use the national power structure in order to enforce these activities. Almost all forced migrations take place in connection with wars or civil wars.


go backForced return

the compulsory return of an individual to the country of origin, transit or third country, on the basis of an administrative or judicial act. See also deportation, expulsion, involuntary repatriation, refoulement, repatriation, return, voluntary repatriation, voluntary return.


go backForced/compulsory labour

All work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself/herself voluntarily (Art. 2(1), ILO Convention No.29 on Forced Labour, 1930).


go backFreedom of movement

This right is made up of three basic elements: freedom of movement within the territory of a country (Art. 13(1), Universal Declaration of Human Rights, 1948: “Everyone has the right to freedom of movement and residence within the borders of each state.”), right to leave any country and the right to return to his or her own country (Art. 13 (2), Universal Declaration of Human Rights, 1948: “Everyone has the right to leave any country, including his own, and to return to his country.”).


go backFRONTEX

FRONTEX is an EU agency based in Warsaw, which has been fully operational since October 2005. FRONTEX' main purpose is to coordinate operational cooperation between EU member states in the field of border security. It achieves this through a number of complementary activities. At the core of these activities is risk analysis: the identification, assessment and prioritisation of risks related to the security of the EU's external borders. The aim is to ensure the "right" amount of protection to counter an identified risk, without under-protecting, but also without over-protecting.
FRONTEX' activities include the coordination of operational activities of member states related to the security of external borders, assistance in training border guards, the establishment of common training standards, and research in the area of border control and surveillance. The agency also supports member states in identifying best practices regarding the acquisition of travel documents and the removal of illegal third country nationals.
FRONTEX`activities are highly contested by the civil society agencies in Europe and human rights activists.


go backFundamental human rights

Within the large scope of human rights, some human rights are claimed to be of particular significance. Support for this view comes from the non-derogability of some rights. Thus, Art. 4(1), International Covenant on Civil and Political Rights, 1966, permits derogation “in time of public emergency threatening the life of the nation” but prohibits any derogation from Arts. 6 (right to life), 7 (torture), 8(1) and (2) (slavery and servitude), 11 (imprisonment for breach of contractual obligation), 15 (retroactive criminal liability), 16 (recognition as a person in law) and 18 (freedom of thought, conscience and religion). This notwithstanding, the trend is to regard all human rights as universal, indivisible, interdependent and interrelated, to be treated in fair and equal manner, on the same footing and with the same emphasis.


go backGeneva Refugee Convention

The convention relating to the status of refugees done at Geneva on 28 July 1951. The convention is supplemented by the New York Protocol of 31 January 1967.


go backGenocide

Any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group, such as: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; forcibly transferring children of the group to another group (Art. II, Convention on the Prevention and Punishment of the Crime of Genocide, 1948).


go backGlobal approach to migration

Effective migration policies take account of, and try to influence, the factors that trigger migration. Officials and migration experts divide these into two categories: ‘push’ and ‘pull’. Policies dealing with push factors address the forces which make migrants want to move out of certain areas. Pull factors are the forces that draw them to other areas. A push factor might be political instability, poverty or high unemployment. Pull factors include a booming economy, demand for cheap labour, higher salaries, better working conditions or the prospect of family reunification.
In recent years the EU has tried to take a ‘global approach’ to these factors. This means that the member-states are trying to bring together all migration-relevant policy areas in a more coherent way.These include measures to fight illegal immigration, overseas development, managing demand for skilled labour, and action against traffickers. The current priority areas for the global approach are Africa and non-EU countries in Eastern and South-Eastern Europe. (Some officials think the strategy badly needs an Asian dimension too, given that a growing number of Europe’s migrants are from this region). A major strand is for the European Commission to negotiate easier visa regimes and help governments in these regions to train border guards and immigration officials. Another strand is for the EU to reduce the push factors that force migration by focusing development efforts on poverty alleviation.


go backGovernance of Migration

system of institutions, legal frameworks, mechanisms and practices aimed at regulating migration and protecting migrants.


go backGreen Card

The Green Card scheme was a temporary Federal Government measure initiated in 2000 to reduce the shortage of IT specialists. Two ordinances allowed IT specialists from outside the European Economic Area to work in Germany for up to five years. The prerequisite for such work permits was a degree in information and communications technology from a university or technical university, or proof of a salary offer of at least €51,000 a year (gross).

The Immigration Act went into effect before the first Green Cards expired. With the Immigration Act now in effect, residence permits granted to IT specialists remain valid until their original expiration date. The work permit remains in effect with no expiration date for the designated employment, ensuring that holders may continue to work at the same job even after the five years have elapsed.

(See also brain drain, brain gain)


go backHigh Commissioner for Human Rights

The Representative of the United Nations Office of the High Commission for Human Rights, responsible for monitoring and promoting human rights worldwide. The EU cooperates with the OHCHR.


go backHigh-Level Working Group on Asylum and Migration

Set up to prepare action plans for the countries of origin and countries of transit of asylum-seekers and migrants. The action plans carry out an assessment of the political, economic and human rights situation in countries of origin and provide a joint analysis of the causes and consequences of migration. (Source: European Commission, Justice and Home Affairs)


go backHighly skilled migrants

The European economy needs more highly skilled workers, such as informationtechnology specialists, business managers, and doctors and nurses. But the EU is currently losing the global competition with Australia, Canada and the US to attract such workers. An overwhelming majority of EU immigrants from Africa and Asia are unskilled. In contrast, 50 per cent of migrants to the US from these same regions are highly skilled. The Commission estimates that the EU will need to attract 20 million skilled migrants over the next 20 years to address skill shortages in Europe’s engineering and computer technology sectors.
Commissioner Frattini’s solution is an EU ‘blue card’ – a common working visa – to lure young, highly skilled workers to Europe. Under the scheme, recipients would get a two-year residency in any member-state where they have a job offer. The job must be paid at three times the local minimum wage and be guaranteed for at least one year.
For the migrant, the main benefit of the blue card would be the option to extend their stay after the initial contract and to work anywhere else in the EU.


go backHolding centre

A facility lodging asylum seekers or migrants in an irregular situation as soon as they arrive in a receiving country; their status is determined before they are sent to refugee camps or back to their country of origin.


go backHuman rights

HUMAN RIGHTS: The rights people are entitled to simply because they are human beings, irrespective of their citizenship, nationality, race, ethnicity, language, gender, sexuality, or abilities; human rights become enforceable when they are CODIFIED as CONVENTIONS, COVENANTS, or TREATIES, or as they become recognized as CUSTOMARY INTERNATIONAL LAW.


go backHumanitarian principles

Ethical standards applicable to all humanitarian actors, which have their underpinnings in international human rights and humanitarian law, and seek to protect the integrity of humanitarian action. The first explicit statement of humanitarian principles is found in the
“Fundamental Principles of the Red Cross and Red Crescent” adopted in 1965.


go backIllegal entry

Act of crossing borders without complying with the necessary requirements for legal entry into the receiving State (Art. 3(b), UN Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, 2000).

(See also irregular migration, undocumented migrant, smuggling, trafficking)


go backILO (International Labour Organization)

The International Labour Organization, founded in 1919, is the UN specialized agency which seeks the promotion of social justice and internationally recognized human and labour rights.
The ILO formulates international labour standards in the form of Conventions and Recommendations setting minimum standards of basic labour rights: freedom of association, the right to organize, collective bargaining, abolition of forced labour, equality of opportunity and treatment, and other standards regulating conditions across the entire spectrum of work related issues. It provides technical assistance primarily in the fields of: vocational training and vocational rehabilitation; employment policy;  labour administration; labour law and industrial relations; working conditions; management development; cooperatives; social security; labour statistics and occupational safety and health.


go backImmigration

A process by which non-nationals move into a country for the purpose of settlement. (See also <--> emigration)


go backImmigration discourse

Immigration discourse refers to government policy and immigration priorities, the practice of formal institutions and societal/public attitudes. It refers to the cognitive framework that defines and justifies subject positions and legitimises or de-legitimises certain modes of behaviour, treatment, overall policy perspectives and premises on which practice is based. The discourse, or the right to define it, is both contested and subject to attempts at change by different collective actors, including the media, branches of politics, the government and the opposition.
The discourse around immigration is a comparatively new topic in many European countries. Generally, government policy on immigrants is determined by the agencies, boards and committees appointed or supported by governments, by ministries covering labour or social affairs, the ministry of the interior, or the ministry of integration and immigrants, such as in Denmark or Sweden. Also organisations like the Red Cross, labour market organisations, voluntary organisations and many NGOs participate in strengthening or questioning the dominant discourse.
Immigration discourses vary according to local and national contexts, economic trends, the demand and supply curve, demographic forecasts, national or international policies and cultural factors. In analytical frameworks, the character and the strength of both the dominant and the oppositional discourses can be recognised.


go backImmigration status/migration status

Immigration or migration status describes the status of an individual or a group in relation to immigration rules and regulations. For example, someone complying with all the rules attached to their visa or work permit would have ‘regular’ or ‘legal’ immigration status. In other words, immigration or migration status defines the status of non-citizens present on a state’s territory with respect to immigration rules. It differs dependent on the form of compliance with immigration rules and is associated with differential rights. Immigration status is created by each state (and its legal framework).


go backInclusion

A process designed to allow and acheive the full participation of all in economic, social, political and cultural life of a given community and society


go backInflux

A so-called continuous arrival of non-nationals in a country, in large numbers.


go backIntegration

While the term is used and understood differently in different countries and contexts, "integration" can be defined as the process by which migrants become accepted into society, both as individuals and as groups. It generally refers to a two-way process of adaptation by migrants and host societies, while the particular requirements for acceptance by a host society vary from country to country. Integration does not necessarily imply permanent settlement. It does, however, imply consideration of the rights and obligations of migrants and host societies, of access to different kinds of services and the labour market, and of identification and respect for a core set of values that bind migrants and host communities in a common purpose.

(See also assimilation, acculturation, reintegration)


go backInternal migration

A movement of people from one area of a country to another for the purpose or with the effect of establishing a new residence. This migration may be temporary or permanent. Internal migrants move but remain within their country of origin.

(See also de facto refugees, internally displaced persons, international migration, <--> international migration)


go backInternally Displaced Persons (IDPs)

Persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or man-made disasters, and who have not crossed an internationally recognized State border. (Source: Guiding Principles on Internal Displacements; issued by the Special Representative of the UN Secretary General in 1998)


go backInternational Bill of Human Rights

The combination of the UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR), the INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) and its optional Protocol, and the INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR).


go backInternational Covenant on Civil and Political Rights (ICCPR)

Adopted in 1966, and entered into force in 1976. The ICCPR declares that all people have a broad range of civil and political rights. One of the components of the INTERNATIONAL BILL OF HUMAN RIGHTS.


go backInternational Covenant on Economic, Social and Cultural Rights (ICESCR)

Adopted 1966, and entered into force 1976. The ICESCR declares that all people have a broad range of economic, social, and cultural rights. One of the components of the INTERNATIONAL BILL OF HUMAN RIGHTS.


go backInternational law

The legal principles governing relationships between states. The contemporary law of international relations embraces not only states, but also such participants as international organizations and even individuals (such as those who invoke their human rights or commit war crimes). Also termed law of nations, public international law, jus gentium.


go backInternational migration

Movement of persons who leave their country of origin, or the country of habitual residence, to establish themselves either permanently or temporarily in another country. An international border is therefore crossed.

(See also <--> internal migration)


go backInvoluntary repatriation

Repatriation of refugees to their country of origin induced by the receiving country by creating circumstances which do not leave any other alternative. As repatriation is a personal right (unlike expulsion and deportation which are primarily within the domain of state sovereignty), as such, neither the State of nationality nor the state of temporary residence or detaining power is justified in enforcing repatriation against the will of an eligible person, whether refugee or prisoner of war. According to contemporary international law, prisoners of war or refugees refusing repatriation, particularly if motivated by fears of political persecution in their own country, should be protected from refoulement and given, if possible, temporary or permanent asylum.


go backIOM (International Organization for Migration)

The International Organization for Migration is an  intergovernmental organization. It was initially established in 1951 as the Intergovernmental Committee for European Migration (ICEM) to help resettle people displaced by World War II.
IOM works to help ensure the so called management of migration, to promote international cooperation on migration issues, to assist in the search for practical solutions to migration problems and to provide humanitarian assistance to migrants in need, be they refugees, displaced persons or other uprooted people. The IOM Constitution gives explicit recognition to the link between migration and economic, social and cultural development, as well as to the right of freedom of movement of persons.
IOM works in the four broad areas of migration management: migration and development, facilitating migration, regulating migration, and addressing forced migration. Cross-cutting activities include the promotion of international migration law, policy debate and guidance, protection of migrants’ rights, migration health and the gender dimension of migration.


go backIrregular migration

Movement that takes place outside the regulatory norms of the sending countries, transit countries and receiving countries. There is no clear or universally accepted definition of irregular migration. From the perspective of destination countries it is illegal entry, stay or work in a country, meaning that the migrant does not have the necessary authorization or documents required under immigration regulations to enter, reside or work in a given country. From the perspective of the sending country, the irregularity is for example seen in cases in which a person crosses an international border without a valid passport or travel document or does not fulfil the administrative requirements for leaving the country. There is, however, a tendency to restrict the use of the term “illegal migration” to cases of human smuggling and trafficking in persons.
An irregular migrant is someone who, owing to illegal entry or the expiry of his or her visa, lacks legal status in a transit or host country. The term applies to migrants who infringe a country’s admission rules and any other person not authorized to remain in the host country (also called clandestine/illegal/ undocumented migrant or migrant in an irregular situation).

(See also documented migrant, illegal entry)


go backJus sanguinis (latin)

The rule that a child’s nationality is determined by its parents’ nationality, irrespective of the place of its birth.

(See also jus soli)


go backJus soli (latin)

The rule that a child’s nationality is determined by its place of birth (although nationality can also be conveyed by the parents).

(See also jus sanguinis)


go backJustice and Home Affairs (JHA)

EU policies on immigration, asylum, border controls and crime are subsumed under the term ‘justice and home affairs’. JHA-related policies account for nearly 40 per cent of new laws emerging from Brussels. Since JHA policies can be politically sensitive, initiatives in this area have to strike a careful balance between facilitating co-operation and preserving national sovereignty. Therefore until a few years ago all JHA policies were decided by unanimity, with a very limited role for EU institutions, such as the European Parliament and Court of Justice.


go backLabour migration

Movement of persons from their country of origin to another for the purpose of employment. Labour migration is addressed by most states in their migration laws. In addition, some states take an active role in regulating outward labour migration and seeking opportunities for their nationals abroad.

(See also economic migrant, remittances)


go backLisbon Treaty

EU countries signed the Treaty of Lisbon in December 2007. If ratified, it will switch all remaining EU decisions on asylum, immigration and integration to qualified majority voting after 2009. (This includes new laws on entry requirements for non-EU nationals). However, the treaty also  makes clear that member-states have an exclusive right to determine the numbers of foreign nationals admitted to their territory and that co-operation on integration is supplementary and not about the harmonisation of laws. The European Parliament already has an equal say with national ministers in most EU legislation dealing with immigration, border and visa issues. But under the treaty it will gain a stronger say in both legal and illegal migration measures. Britain, Ireland and Denmark opt out of many migration-related policies at present, and this will not change under the new treaty.
The Lisbon treaty states for the first time that member-states will support any EU country faced with a sudden influx of refugees. But it does not specify how this obligation would work in practice. The text also strengthens the Commission’s legal standing to negotiate agreements with home countries to take back illegal immigrants.


go backMass migration

The sudden permanent movement of large number of persons.

(See also influx)


go backMigrant

At the international level, no universally accepted definition of migrant exists. The term migrant is usually understood to cover all cases where the decision to migrate is taken freely by the individual concerned for reasons of “personal convenience” and without intervention of an external compelling factor. This term therefore applies to persons, and family members, moving to another country or region to better their material or social conditions and improve the prospect for themselves or their family.


go backMigrant pathway

The migration regime refers to the system of rules, procedures or practice, norms, principles, political and public discourse and policies that formally and informally regulate entry into the country and which also determine the rights and duties of migrants in relation to the various spheres of social life (education, health, etc.), as well as participation in public life, in the procedures for citizenship and for social inclusion. The migration regime can include the system of work permits, the points system for entry, the sector specific schemes etc. It may also encompass more widely the public debate within which migration takes place.


go backMigrant regime

The migration regime refers to the system of rules, procedures or practice, norms, principles, political and public discourse and policies that formally and informally regulate entry into the country and which also determine the rights and duties of migrants in relation to the various spheres of social life (education, health, etc.), as well as participation in public life, in the procedures for citizenship and for social inclusion. The migration regime can include the system of work permits, the points system for entry, the sector specific schemes etc. It may also encompass more widely the public debate within which migration takes place.


go backMigrant worker

The term ‘migrant worker’ is used to describe individuals who have left their countries of origin primarily to seek work in a destination country. While there is no set period after which such a worker is no longer categorised as a migrant, we use the term to describe individuals for whom migration is a relatively recent experience. The reason for this is because we do not subscribe to the view that individuals who have migrated and who have settled in the destination country should continue throughout their working lives to be automatically identified within the destination country as migrants. In our view an association with a new country carries with it the right to be seen as an integral member of the new society, regardless of whether or not citizenship is acquired. Equally we would reject the definition of  migrant (or immigrant) being attached to the children of migrants born in the destination country.
see also labour migration


go backMigration management

A term used to encompass numerous governmental functions and a national system of management for cross-border migration, particularly managing the entry and presence of foreigners within the borders of the State and the protection of refugees and others in need of protection. A term  which  in reality  means migration control.

(See also border management)


go backMinority

Although there is no universally accepted definition of minority in international law, a minority may be considered to be a group which is numerically inferior to the rest of the population of a state and in a nondominant position, whose members possess ethnic, religious or linguistic characteristics which differ from those of the rest of the population and who, if only implicitly, maintain a sense of solidarity directed towards preserving their culture, traditions, religion or language.


go backMixed migration flows

Analysts of migration often distinguish between migrants who choose to move and those who are forced to – that is, between ‘voluntary’ and ‘forced’ migrants. In the policy world, the governance of international migration is shaped by the conceptual distinction between these categories as mutually exclusive.
In reality, however, the differentiation is far from clear-cut. Migration can be ‘mixed’ in several senses: At the point of making the decision to move, motivations may be mixed as a combination of choice and compulsion; people may travel with others in mixed migratory flows; motivations may change en route; and people may find themselves in mixed migration communities at their destination.


go backNational

A person, who, either by birth or naturalization, is a member of a political community, owing allegiance to the community and being entitled to enjoy all its civil and political rights and protection; a member of the state, entitled to all its privileges. A person enjoying a nationality of a given state.


go backNationality

Legal bond between a person and a state. Under Art. 1, Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws, 1930, "it is for each state to determine under its own laws who are its nationals. This law shall be recognized by other states in so far as it is consistent with international conventions, international custom, and the principles of law generally recognized with regard to nationality".


go backNaturalization

Granting by a state of its nationality to a non-national through a formal act on the application of the person concerned.


go backNaturalization

Granting by a state of its nationality to a non-national through a formal act on the application of the person concerned.


go backNon-discrimination

The refusal to apply distinctions of an adverse nature to human beings simply because they belong to a specific category. Discrimination is prohibited by international law, for example in Art. 26, International Covenant on Civil and Political Rights, 1966, which states: “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

(See also discrimination, humanitarian principles)


go backNon-refoulement

The key principle of international refugee law, which requires that no state shall return a refugee in any manner to a country where his or her life or freedom may be endangered. The principle also encompasses non-rejection at the border. Its provision is contained in Article 33 of the 1951 Convention Relating to the Status of Refugees and constitutes the legal basis for States’ obligation to provide international protection to those in need of it. Article 33(1) reads as follows: ‘No Contracting State shall expel or return (refoule) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion’. This principle was endorsed at the Tampere European Council in October 1999 in paragraph 13 of the conclusions. Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, in the light of the jurisprudence of the European Court of Human Rights and Article 3 of the UN Convention Against Torture and Other Cruel, Inhumane and Degrading Treatment or Punishment, are also considered as bases for ‘non-refoulement’ obligations.

(See also <--> refoulement)


go backPolitical migration

means any migration caused primarly by political motives


go backProtection

All activities aimed at obtaining full respect for the rights of the individual in accordance with the letter and spirit of human rights, refugee and international humanitarian law.


go backRacial discriminaton

Discriminatory or abusive behaviour towards members of another race. Racial discrimination is any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life (Art. 1(1), International Convention on the Elimination of All Forms of Racial Discrimination, 1965).

(See also discrimination, xenophobia)


go backRacism

An ideological construct that assigns a certain race and/or ethnic groups to a position of power over others on the basis of physical and cultural attributes, as well as economic domination and control over others. Racism can be defined as a doctrine of or belief in racial superiority. This includes the belief that race determines intelligence, cultural characteristics and moral attitudes. Racism includes both racial prejudice and racial discrimination.

(See also racial discrimination, xenophobia)


go backRatification

Ratification refers to the "acceptance" or "approval" of a treaty. In an international context, ratification "is the international act so named whereby a state establishes on the international plane its consent to be bound by a treaty" (Art. 2(1)(b), Vienna Convention on the Law of Treaties, 1969). Instruments of ratification establishing the consent of a state take effect when exchanged between contracting states, deposited with a depositary or notified to the contracting states or to the depositary, if so agreed (Art. 16, Vienna Convention on the Law of Treaties, 1969). In a domestic context, it denotes the process whereby a state puts itself in a position to indicate its acceptance of the obligations contained in a treaty. A number of states have in their Constitutions procedures which have to be followed before the state considers itself bound by a treaty.


go backReceiving country

refers to states where migrants migrate to and which are often countries of immigration; the term is often used in the context of bilateral agreements on migration between states.


go backRefugee

A person who fulfils the requirements of Article 1(A) of the Geneva Convention, Article 1(A) defines a refugee as any person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or owing to such fear, is unwilling to avail himself of the protection of that country; or who not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

(See also refugee (recognized)).


go backRefugee (recognized)

A person, who “owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinions, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country” (Convention relating to the Status of Refugees, Art. 1A(2), 1951 as modified by the 1967 Protocol).

(See also asylum-seekers, de facto refugees, refugee)


go backRegional consultative processes

Non-binding consultative fora, bringing representatives of states and international organizations together at the regional level to discuss migration issues in a cooperative manner. Some regional consultative processes (RCPs) also allow the participation of other stakeholders (e.g. NGO or other civil society representatives).


go backRegional consultative processes

Non-binding consultative fora, bringing representatives of states and international organizations together at the regional level to discuss migration issues in a cooperative manner. Some regional consultative processes (RCPs) also allow the participation of other stakeholders (e.g. NGO or other civil society representatives).


go backRegularisation/amnesty

An immigration amnesty is normally a one-off process of regularisation, changing the formal status of irregular immigrants. However the term regularisation is preferable to amnesty as it recognises that irregularity in immigration status is created by regulations - that frequently change - and not a criminal activity that requires absolution. The word amnesty, of medical derivation, could implicitly identify the status of irregular immigration as a social ill to be "cured” only with the intervention of the state, rather than a phenomenon that responds to the precise economic and political necessities of the neo-liberal labour market.
In many European countries the term immigration amnesty is hardly ever used. On the other hand there has been a debate on the right of residence for ‘integrated’ migrants without permanent residence permits in countries such as Austria. In other countries the term ‘humanitarian residence’, usually manifested in addressing an extraordinary situation, is used as a synonym for amnesty, not necessarily, however, resulting in substantial change of status for those individual and groups concerned.
In other European countries, such as Italy or Spain, "amnesties" are legislative procedures for the regularisation of migrant workers without "residence contracts" already present in those countries, from the administrative (residence permit) and contractual (employment contract) standpoints. In Spain, a distinction is made between ‘extraordinary regularisation’ – an amnesty granted during a certain period by virtue of a special law – and ‘ordinary regularisation’, which is applied to individuals meeting the ongoing requirements established by the relevant laws.
While individual changes of status, by marriage for example, we use regularisation in this project to refer only to statutory processes, and refer to individual changes as regularisation can also be used to refer tostatus transitions.


go backReintegration

Re-inclusion or re-incorporation of a person into a group or a process, e.g. of a migrant into the society of his country of origin.

(See also assimilation, integration)


go backRemittances

Money earned or acquired by non-nationals that are transferred back to their country of origin.

(See also labour migration, economic migrant)


go backResettlement

The relocation and integration of people (refugees, internally displaced persons, etc.) into another geographical area and environment, usually in a third country. The durable settlement of refugees in a country other than the country of refuge. This term generally covers that part of the process which starts with the selection of the refugees for resettlement and which ends with the placement of refugees in a community in the resettlement country.


go backReturn

Refers broadly to the act or process of going back. This could be within the territorial borders of a country, as in the case of returning internally displaced persons and demobilized combatants; or from a host country (either country of transit or country of destination) to the country of origin, as in the case of refugees, asylum-seekers, and qualified nationals. There are subcategories of return which can describe the way the return is implemented, e.g. voluntary, forced, assisted and spontaneous return; as well as subcategories which describe who is participating in the return, e.g. repatriation (for refugees).

(See also return migration, returnees)


go backReturn migration

The movement of a person returning to his/her country of origin or habitual residence usually after spending at least one year in another country. This return may or may not be voluntary. Return migration includes voluntary repatriation.

(See also return, returnees)


go backReturnees

Refugees who have been able to return home after conflict has ended, a degree of stability has been restored and basic infrastructure has been rebuilt.

(See also return, return migration)


go backRight to family unity

A family’s right to live together and, as a fundamental unit of a society, to receive respect, protection, assistance and support. This right is not limited to nationals living in their own country but also to non-nationals and is protected by international law (e.g. Art. 16, Universal Declaration of Human Rights, 1948; Art. 8, European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950; Art. 16, European Social Charter, 1961; Art. 17 and 23, International Covenant on Civil and Political Rights, 1966; Art. 1, International Covenant on Economic, Social and Cultural Rights, 1966; Art. 17, American Convention on Human Rights, 1969).

(See also family reunification/EU, family reunification/ reunion)


go backRight to leave

Everyone has the right to leave any country, including his own (Art. 13 (2), Universal Declaration of Human Rights, 1948). This right was set down in other international law instruments, for example in Art. 12(2), International Covenant on Civil and Political Rights, 1966 which states: “Everyone shall be free to leave any country, including his own.” It is an aspect of the right to freedom of movement, and it applies to all persons without distinction. There is, however, no corollary right to enter the territory of a country under international law.


go backRight to return

Another aspect of the right to freedom of movement. According to Art. 13 (2) of the Universal Declaration of Human Rights, 1948: “Everyone has the right to ... return to his country.” Article 12(2), International Covenant on Civil and Political Rights, 1966 states that: “No one shall be arbitrarily deprived of the right to enter his own country.” Nevertheless, paragraph 3 of the Covenant provides for certain restrictions: “The above-mentioned rights [in Article 12(2)] shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the right and freedoms of others, and are consistent with the other rights recognized in the present Covenant.”


go backSafe country of origin

 
A country or origin of asylum-seekers is considered safe if it does not, or not generally, produce refugees. Receiving countries may use the concept of safe country of origin as a basis for rejecting summarily (without examination of the merits) particular groups or categories of asylum seekers.

(See safe third country)


go backSafe third country

A safe third country is considered by a receiving country to be any other country, not being the country of origin, in which an asylum seeker has found or might have found protection. The notion of safe third country (protection elsewhere/first asylum principle) is often used as a criterion of admissibility to the refugee determination procedure.


go backSchengen

The Schengen Agreement (signed on 14 June 1985) was the first step to gradually remove controls at the common borders of the signatory States (Belgium, France, Germany, Luxembourg and the Netherlands) and to introduce freedom of movement.
The Schengen Convention supplemented the Agreement and lied down the arrangements and safeguards for implementing freedom of movement. It was signed by the same five Member States on 19 June 1990, but did enter into force in 1995.
The Agreement and the Convention as well as the related agreements and rules together form the "Schengen acquis". Since 1999, this set of common rules defines the conditions for entry into the Schengen Area, including the types of visa and travel documents needed, and how controls at external borders have to be carried out.
The Schengen Area is covered by those countries participating in the Schengen Convention. This currently includes 22 EU Member States (AT, BE, CZ, DE, DK, EE, EL, ES, FI, FR, HU, IT, LT, LU, LV, MT, NL, PL, PT, SE, SI, SK) as well as Iceland, Norway, Switzerland and Liechtenstein as non-EU Member States. Ireland and United Kingdom participate only in some aspects of the Schengen acquis and therefore belong only partially to the Schengen Area, as well as Bulgaria, Cyprus and Romania, as a decision of the Council of the European Union is still required before controls at their borders can be lifted.


go backSchengen information system - SIS

An EU database, which police and consular agents consult to find out information on individuals, or goods thought to be lost or stolen.

(See also Schengen)


go backSending country

refers to states where migrants come from and which are often countries of emigration; the term is often used in the context of bilateral agreements on migration between states.


go backSlavery

The status or condition of a person over whom any or all the powers attaching to the right of ownership are exercised (Art. 1, Slavery Convention, 1926, as amended by the 1953 Protocol).


go backSmuggling

Smuggler (of migrants): An intermediary who is moving people by agreement with them, in order to transport them in an unauthorized manner across an internationally recognized state border.

The procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal [or unauthorized] entry of a person into a state party of which the person is not a national or a permanent resident (Art. 3(a), Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, 2000).


go backSocial capital transfer

Competences, skills, knowledge, practices and ideas transmitted by international migrants to their country of origin


go backState of origin

The state of which the person concerned is a national (Art. 6(a), International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 1990).


go backStateless person

A person not considered to be a national of any State. Stateless people include those who have been unable to claim a new nationality with the creation of new States, and those denied citizenship altogether, for example, some minority groups or children of parents of mixed origin, or children born in a country other than their parents' country of origin.

(See also irregular migration, undocumented migrant).


go backStatus transitions

Status transition describes the movement or transition between different from a ‘regular’ or ‘legal’ status to an  or from an irregular one to a regular one, for regularisation process or example by means of a marriage.
Individual status transitions can also be made through the statutory processes that enable irregular migrants to gain authorisation to live and work in the country.
see also immigration/migration status and irregular migration


go backTemporary migration

A non-permanent migration implying return or onward movement


go backTrafficking

means  "the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. (UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons)


go backTransit country

Any state through which the person concerned passes on any journey to the State of employment or from the State of employment to the State of origin or the State of habitual residence (Art. 6(c), International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990).


go backTransnationalism

The concept of transnationalism refers to multiple ties and interactions linking people and institutions across the borders of nation-states.

(See also nation, diaspora)


go backUN Migrant Worker Convention

The United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an international agreement governing the protection of migrant workers and families. Signed on 18 December 1990, it entered into force on 1 July 2003 after the threshold of 20 ratifying States was reached in March 2003. The Convention is the first universal codification of the rights of migrant workers and members of their families. It provides a set of binding fundamental standards to address the treatment, welfare and human rights of both documented and undocumented migrants, as well as the obligations and responsibilities on the part of sending, receiving and transit countries.


go backUndocumented migrant

Migrant workers or members of their families, who are not authorized to enter, to stay or to engage in an irregular situation employment in a state.

(See also documented migrants)


go backUNHCR - United States High Commissioner of Refugees

Pursuant to a decision of the General Assembly of the United Nations, the Office of the United Nations High Commissioner for Refugees (UNHCR) was established as of 1 January 1951. According to the Statute of the Office the High Commissioner is called upon — inter alia — to provide international protection, under the auspices of the United Nations, to refugees falling within the competence of the Office.


go backUniversal Declaration of Human Rights (UDHR)

Adopted by the general assembly on December 10, 1948. Primary UN document establishing human rights standards and norms. All member states have agreed to uphold the UDHR. Although the declaration was intended to be NONBINDING, through time its various provisions have become so respected by STATES that it can now be said to be CUSTOMARY INTERNATIONAL LAW.


go backVoluntary migration

occurs when migrants act by personal volition in response to migration-stimulating factors.


go backXenophobia

At the international level, no universally accepted definition of xenophobia exists, though it can be described as attitudes, prejudices and behaviour that reject, exclude and often vilify persons, based on the perception that they are outsiders or foreigners to the community, society or national identity. There is a close link between racism and xenophobia, two terms that are hard to differentiate from each other.