Irregular Migration, Security and Rights

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1 Irregular Migration, Security and Rights Two overlapping workshops on international migration, security and rights will focus on the major ways in which states employ migration laws to control the international movement of suspected security threats and the implications of these policies for civil liberties, civil rights and protection of migrants. First, states enact laws to exclude terrorists, criminal and other security threats from entering their territories and remove those who have successfully entered. These statutes define who is a security risk and substantively authorize the state to prevent their entry and prosecute them for violating migration laws after entry. Second, states impose many controls to prevent the actual entry of suspected security risks. Third, states detain and remove suspected terrorists found within their territories. Finally, states employ practices, such as profiling, that adversely affect targeted communities and, at the same time, try to protect such communities from hate crimes following terrorist attacks. In recognition of the vulnerability of marginalized immigrants and their second generation children to radicalization, the sessions will also focus on integration of newcomers and their families as a security issue. Workshop on Migration and Rights Monday, June p.m. Cocktails, Dinner in Villa: Welcome by Rockefeller/GMF 8:30 p.m. Keynote Tuesday, June 27 9 a.m. Welcome by GMF staff (brief introduction of workshop format and program) and round of introduction by participants 9:30 Setting the Stage: Civil liberties, civil rights and protection of migrants This session will examine how new homeland security legislation has affected civil liberties in the US and Europe and with it the living conditions of migrant communities including issues of surveillance, detention, public mistrust etc. The session will discuss positive and negative impacts of the renewed focus on migrant communities from the society at large. Special emphasis will be given to issues where security concerns and civil liberties potentially clash such as local and regional policing, surveillance of mosques and other gathering places, and monitoring of charitable organizations and donations. The impact on the naturalization of immigrants will also be addressed.

2 Prof. Dr. iur. Wolfgang Heinz, Chair for Criminology and Penal Law, Konstanz University Lucas Guttentag, ACLU or David Cole, Georgetown University Law Center 11:00 Break 11:30 Setting the Stage (continued) 1:00 pm Lunch 2:00 Migrant Rights This session will examine the rights of migrants in all legal statuses, the rights and responsibilities of states to manage immigration, and mechanisms for the enhanced protection of the migrant rights in keeping with the interests of states in managing international flows of people. The Convention on the Rights of Migrant Workers went into effect with the ratification of no major destination country of migrants. This session will explore the reasons states are reluctant to ratify the migrant workers convention. It will examine other vehicles to protect the rights of migrants. 4:00 Break Prof. Dr. Eckhart Klein, The Human Rights Centre of the University of Potsdam Muzaffar A. Chishti, Migration Policy Institute Patrick Taran, ILO 4:30 Migrant Rights (continued) 1:00 pm Lunch 6:00 Adjourn In this continuation session, the special needs of migrant women will be discussed. 7 p.m. Cocktails, Dinner 2

3 8:30 p.m.: Keynote Address: Mary Robinson (invited) Wednesday, June 28 9:00 Law Enforcement and Community Relations This session will examine the relations between law enforcement authorities and ethnic and religious minorities. The perspectives of the immigrant communities will be a prominent part of these discussions. U.S. speaker Prof. Dr. Bernhard Ehrenzeller, University of St. Gallen, Switzerland Representative of US Muslim civil rights organization 10:30 Break 11:00 Law Enforcement and Community Relations (continued) 1:00 Lunch 2:30pm The Role of Biometrics (jointly with other group) 4:00 Break This session will focus more specifically on the security of the documents used in migration systems, with a close look at the use of biometrics. Discussion will focus on technological issues as well as concerns about privacy and civil liberties. It will be held jointly with the workgroup on integration/privacy/civil rights) External experts as speakers (e.g. EU, from Border Police, etc) Rey Koslowski, Rutgers University 4:30 Biometrics (continued) 6:30 p.m. Adjourn (It would be good to have demonstrations of the use of biometrics at this session.) 7.p.m. Cocktails, Dinner 8:30 p.m.: Jointly with Workgroup on integration/civil liberties/civil rights: cultural event (reading, film) 3

4 Thursday, June 29 9:00 a.m. Immigrant Integration as a Security Issue 10:30 Break Following the bombings in London and Madrid, the European Commission issued a report outlining ways to prevent recruitment within European communities by groups espousing radical and violent means. A number of the recommendations focused on law enforcement mechanisms, but recognizing the vulnerability of marginalized second generation minorities, the report includes recommendations on the promotion of inter-cultural understanding and a European identity that respects and promotes cultural diversity and enhancement of integration policies, which could have ancillary effects on the prevention of violent radicalization. The paper also discussed the need for interfaith dialogue, as well as dialogues between the States and religions. This part of the Bellagio Dialogues will use the commission s paper as a point of departure for discussing ways in which integration policies intersect the concern about security. Presentation of the EU Commission Report (Jean Louis de Brower) US Expert 11:00 Break out groups 4:00 Free Time 1) Marginalization of New Immigrant Communities 2) Immigrant and Second Generation Youth 3) Interfaith Dialogue 7:00 Cocktails, Dinner 8:30 Jointly with other group Friday, June 30 9:00 Trafficking in Persons (jointly with other group) Human trafficking has become a multi-billion dollar criminal enterprise. Traffickers use deception, threat and force to move their victims into highly 4

5 10:30 Break exploitative situations. This session will examine progress in preventing trafficking, prosecuting traffickers and protecting trafficking victims. It will be discussed as both a law enforcement/security and human rights/protection issue. Elzbieta Gozdziak (if selected as fellow) Representative from International Organization for Migration and/or UN office on organized crime in Vienna Prof. Friedrich Heckmann, Director of the European Forum for Migration Studies Michele LeVoy, Platform for the Protection of Undocumented Migrants, Brussels 11:00 International Cooperation (both groups) This part of the discussions will focus on measures to promote international cooperation towards policies that best balance security, facilitation of legitimate mobility and civil liberties and rights. A number of modes of cooperation will be explored, looking at the roles of three major sectors: government, civil society (including nongovernmental organizations and immigrant/ethnic associations) and research experts. Krystyna Iglicka, Coordinator of the Immigration and Internal Security Program at the Center for International Relations in Warsaw, Poland Michael Jandl, International Centre for Migration Policy Development Michelle Klein Solomon, IOM Kelly Ryan, Bureau for Population, Refugees and Migration, US State Dept Scott Busby, Informal Consultations on Immigration, Refugees and Asylum 1:00 Lunch 2:30 Role-Playing Exercise (involving both workshops) 6:00 Adjourn The role playing exercise will focus on the balance needed between security and protection of rights. The scenario will involve an actual threat, with participants playing the role of policymakers, law enforcement officials, members of ethnic communities, civil liberties and civil rights organizations, etc. Each team will need to come to a common agreement on a plan of action. 7:00 Dinner 5

6 8:30 Discussion of role playing exercise Saturday, July 1 Departure 6

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