IBA Annual Conference Seoul 2019

22 Sep - 27 Sep 2019

Room 301, Floor 3

Session information

IBA Showcase: the creation of an international refugee visa and a model of protection for refugee and migrant children

Tuesday 24 September (1430 - 1730)

Room 301, Floor 3

Committee(s)

Presidential Task Force on the Refugee Crisis Initiative (Lead)
Family Law Committee
Immigration and Nationality Law Committee

Description

There are more people on the move than ever before. Many areas of the world have become an unsafe place to live due to armed conflicts, wars and general political instability where state forces are unable to protect their citizens. An unprecedented number of such migrants and refugees are children. People living in regions of conflict and upheaval have no choice but to seek refuge in safer areas whether permanently or temporarily. Such areas of refuge are often in a country to which the refugee may not enter legally without an authorized visa. A) A Model Instrument for an Emergency Evacuation Visa The migrant whose life is at risk in their home country, will put their own life, and those of their children in peril, to reach a safe country of refuge. The endangered migrant will strive to reach the perceived safe country, or die trying. No wall can be high or electrified enough, no sea can be patrolled enough, to keep the refugee from trying to cross the border until they succeed or die trying. In recent years, the number of refugees seeking to reach a safe country, has risen to such a critical level, that chosen countries of destination are drastically restricting access to their territories, sometimes in violation of their obligations under international conventions. The IBA Presidential Task Force has concluded research with the ambition of establishing a model instrument for an Emergency Evacuation Visa (EEV) to provide access to international protection to particularly vulnerable groups, and would be an effective complement to existing conventional protection. The EEV creates an alternative to life threatening illegal entries, and reliance on smuggling and trafficking networks and seeks to overcome the challenges faced by existing schemes. B) Model of Protection for Minor Migrants and Refugees A child rights response to the child migration and migrant children at risk It is reported that one third of the refugees and migrants who arrive in Europe, alone, are children. The reason why children set on journeys alone differ greatly with many escaping to seek asylum from war or civil conflict, persecution, or conditions of mass violence in their home country. All children on the move are vulnerable to abuse and other severe forms of violence during and after their journeys and their mortality rate is significantly high. Many migrant children fall into the hands of traffickers and others. There continues to be a lack of protection for children crossing borders whether voluntarily or involuntarily, especially unaccompanied children. The IBA Presidential Task Force intends to highlight the difficulties faced by refugee and migrant unaccompanied children; to understand best practices globally and agree upon a protocol to be adopted world-wide. The Task Force proposes to examine current models as well as existing legislation and legal standards in order to strengthen the protection of the rights of migrant children. The Showcase session will feature the results of this research and address how the international legal community can be a catalyst for change.

Session / Workshop Chair(s)

Horacio Bernardes Neto Motta Fernandes Advogados, São Paulo, Brazil; Immediate Past IBA President
Baroness Helena Kennedy KC International Bar Association, London, England
Anne O'Donoghue Immigration Solutions Lawyers, Sydney, New South Wales, Australia; Co-Chair, Immigration and Nationality Law Committee
Karl Waheed Karl Waheed Avocats, Paris, France; Senior Vice Chair, Immigration and Nationality Law Committee

Keynote Speakers

Lord Alfred Dubs House of Lords, London, England

Speakers

Dame Julie Eniekedo Donli NAPTIP, Abuja, Nigeria
Amanda Ghahremani International Criminal Law, Universal Juristiction, California, California, USA
Pill Kyu Hwang Gonggam Human Rights Law Foundation, Seoul, South Korea
Kevin Hyland OBE Santa Marta Group, London, England
James Lynch UNHCR, Seoul, South Korea
Cindy McCain Hensley & Co., Phoenix, Arizona, USA
Professor Violeta Moreno Lax Queen Mary University of London, London, England
Professor Siobhán Mullally National University of Ireland, Galway, Ireland
Francisco Roggero Zang Bergel & Viñes, Buenos Aires, Argentina; Corporate Counsel Forum Liaison Officer, Latin American Regional Forum