Migration grossary.pdf

8/10/2019 Migration grossary.pdf

1/81

um ee ers mm gra on e ou ement ccor

ery Foreigner Jus Cogens ProtectionMigrant Bontateless Person Neutrality Racial Discrimination Inf

to Refugees Forced Migration Amnesty Tempor

tices Civil And Political Rights Spontaneous Migration OaProtection Forced Migration Lookout Syst

undamental Human Rights Assimilation Bonda

Zone Labour Migration Receiving Country Safe Ha

ction Consular Protection Emigration Terrorible Groups Exclusion Worst Forms Of Child Lab

y Based Settlers Influx Ombudsman Rescue At S

Forced Return Citizen Travel Documents Overs

ntegration Conveyance ResettlementBiometri

ionality Migration Management Adoption Populati

ation Green Card Temporary Protection Holdi

lusion Border Control Deception Extradition Fron

Urban Migrants Working Permit Derogati

pontaneous Migration Oath Instrument Child AdopForeigner Jus Cogens ProtectionMigrant Bonded Lab

ild LabourArmed ConflictDeceptionInternal Migrati

InternationalMigration

Law

GLOSSARYON

MIGRATION

Migration

Bonded Labour

ss Person

n Forced

Internally

Best Practic

Adoption Kidn

ProtectionHuman Trafficking Bondage


2/81

IOM is committed to the principle that humane and orde

migrants and society. As an intergovernmental body, IOM acts

international community to: assist in meeting the operational cadvance understanding of migration issues; encourage social a

ment through migration; and uphold the human dignity and w

Publisher: International Organization for Migration

17 route des Morillons

1211 Geneva 19

Switzerland

Tel: +41.22.717 91 11

Fax: +41.22.798 61 50


3/81

InternMi

GLOSSAON

MIGRATI


4/81


5/81

FOREWORD

Migration is increasingly being acknowledged as an i

approach and coordinated responses. States are not only dis

at the bilateral level, but also regionally and lately in glob

understood language is indispensable for such coordin

cooperation to be successful. This glossary attempts to serve

terms and concepts in the migration field, in an effort to pro

furtherance of such international cooperation.

This glossary has been some time in the making. Inform

by IOM in the seventies and used by its staff. A renewed at

was made in the late eighties by IOM technical cooperation

output was published in 2001 in the Migration Handbook ed

In the context of IOMs recent initiative to strengthen and en

the field of international migration law, the decision was takeand to consolidate into one definitive text the terminology u

in order to provide a reliable reference for practitioners

officials, students and others. The present product cannot

and any comments or suggestions for an eventual second, an

will be welcome.

When compiling the glossary, it became quickly appare

field are often vague, controversial or contradictory. There is

accepted definitions, which stems partially from the fact tha

which has traditionally only been addressed at the national l

usage of migration terms varies from country to country


6/81

International Migration Law

Another challenge faced in this compilation was the vari

describe the same or similar phenomenon. For example, there mathe terms illegal migration, clandestine migration, undoc

and irregular migration; however, to a large extent they are u

interchangeably. To this end, some cross-referencing of terms h

order to guide the reader to alternative or interchangeable term

Last but not least, I wish to express my gratitude and appreci

Jillyanne Redpath and Katarina Tomolova, my colleagues in

contributed to this endeavour and made it happen: their competen

and untiring efforts were instrumental in bringing the glossary

Rich


7/81

A

abduction The act of leading someone

lent persuasion.

See also kidnapping, traffic

accord See treaty

acculturation The progressive adoption

culture (ideas, words, value

tutions) by persons, grou

culture. The partial or tota

contacts and interactions bthrough migration and trad

adjudication In the migration context, a

applicant is qualified for th

other immigration status s/

adjudicator A generic term to describe a

is authorized by law to issu

adjustment of status Seechange of status

admission The granting of entry into a

admitted if s/he passed tland or sea) and is perm

officials. An alien who ha

not considered to have bee

See also border officials,

d i i


8/81


agreement A mutual understanding (w

between two or more parties intbinding character.

See alsotreaty

alien A person who is not a national

See alsoforeigner, non-nationa

amnesty A general pardon that is ulegalization and deals with

residence in a country for w

granted, despite the fact tha

illegal.

See alsolegalization,regulariz

ancestry based settlers Foreigners admitted by a countbecause of their historical, eth

that country, who, by virtue of t

ately granted the right of long-

country or who, having the righ

country, become nationals with

admission.

See alsoalien, foreigner, natio

appeal A procedure undertaken to r

bringing it to a higher authority

of a lower courts or agency

court for review and possible r

applicant A person who formally request

legal action, such as the granti

visa or working permit.

See alsorefugee, visa, working


9/81


10/81


heads of mission, warships or a

premises of international orga

ates. There is no right of an indi

matic asylum, nor an obligatio

See alsoasylum (territorial), n

of asylum

asylum (territorial) Protection granted by a State

territory against the exercise of jof origin, based on the princip

leading to the enjoyment of c

recognized rights.

See alsoasylum (diplomatic), n

of asylum

asylum seekers Persons seeking to be admittedgees and awaiting decision on

refugee status under relevant int

instruments. In case of a negati

leave the country and may be

alien in an irregular situation

stay is provided on humanitagrounds.

See alsoalien, application, ref


11/81


12/81


bondage The state of being under the con

See alsobonded labour, debt b

bonded labour Service rendered by a worke

bondage arising from econom

ably indebtedness through a loa

debt is the root cause of bond

that the worker (or dependent

particular creditor for a specifieuntil the loan is repaid.

See also bondage, debt bondag

border Line separating the land territ

of one State from another.

border control A States regulation of the eterritory, in exercise of its sove

See alsoborder management

border management Facilitation of authorized flow

tourists, migrants and refugees

prevention of illegal entry ocountry. Measures to manage

imposition by States of visa

sanctions against transportatio

irregular aliens to the territory,

International standards require

facilitating the entry of legi

preventing that of travellers entreasons or with invalid docum

See also border control

border officials A generic term describing t


13/81

brain gain Immigration of trained and

a third country into the rece

reverse brain drain.

See also brain drain

burden of proof A partys duty to prove a dis

In the migration context, an

foreign State generally bear

is, the alien must prove thand not inadmissible under


14/81


C

capacity building Building capacity of governm

through strengthening their k

attitudes. Capacity building ca

stantive direct project design an

a partner government, or in ot

take the form of facilitating a b

agenda for dialogue develop

concerned authorities. In all ca

aims to build towards genera

marks of management practice

carbon dioxide sensors Equipment (either stationary

determine whether carbon di

closed container, such as a rail

a truck. Such sensors are used

persons are being moved clande

See also sensors

carrier Carrier in relation to convey

or charterer of the conveyance.

to an airline, bus or rail compan

the laws of some States, the ter

of a means of conveyance, whic

its territory.See also conveyance

carrier liability law A law imposing fines upon ca

the territory of a State persons

t d t


15/81

checkpoint A location (on the land b

seaport) where persons are s

for inspection and clearance

See alsoborder, border con

child An individual being below

unless, under the law applic

is attained earlier (Art. 1, UN

of the Child, 1989).See also minor

child adoption (international) Adoption of a child from a

See also adoption

child exploitation According to the Convent

Child, 1989 and the Convehibition and Immediate Ac

the Worst Forms of Child L

ation includes: economic e

is likely to be hazardous or t

education, or to be harmfu

physical, mental, spiritual,

ment), sexual exploitation (

childs pornography) and

trafficking in children, or

exploitation.

See also abduction, chil

kidnapping, trafficking

child labour Any work performed by a c

to his/her health, education,

moral or social developme

See also child exploitation

hild l b


16/81


17/81


18/81


19/81


20/81


deception In the migration context, this t

false or wrong information, but

abuse of capitalizing on the lac

able to the migrant.

defendant A person sued in a civil proce

criminal proceeding.

demography The study of human populationence to size and density, distribu

denationalization See loss of nationality

dependants In general use, one who relies o

In the migration context, a spou

are generally considered depspouse is not financially depen

See also child, de facto partner

members of the family, minor

deportation The act of a State in the exerci

removing an alien from its terr

after refusal of admission or term

to remain.

See alsoexpulsion, refoulemen

derivative applicant A person, typically a spouse or m

receive immigration status on

application.See alsochild, minor, de facto

the family,principal applicant

derogation Restriction or suspension of ri


21/81

deportation or expulsion) c

majority of the countries, irr

to administrative detentio

immigration laws and re

considered to be a crime. In

also be detained pending a

or on admission to or remo

determination See adjudication

diaspora Refers to any people or eth

their traditional ethnic hom

throughout other parts of th

diplomatic asylum Seeasylum (diplomatic)

diplomatic protection An elementary principle o

State is entitled to protect

by acts contrary to interna

another State, from whom

obtain satisfaction through

taking up the case of on

resorting to diplomatic actio

proceedings on his behalf, a

its own rights- its right to e

subjects, respect for the r

(Mavrommatis Palestine

diction),P.C.I.J.1924).

discrimination A failure to treat all persons

able distinction can be foun

and those not favoured. Di

in respect of race, sex,


22/81


23/81

E

economic migrant A person leaving his/her h

to settle outside his/her cou

improve his/her quality of l

to distinguish from refugee

is also used to refer to pers

country without legal per

asylum procedures withou

applies to persons settling

origin for the duration of

appropriately called season

See also frontier worker, migrant, seasonal worker

emigration The act of departing or exit

view to settle in another. I

norms provide that all perso

any country, including their

limited circumstances may on the individuals right to

entry Any entrance of an alien

whether voluntary or involu

See also admission, non-ad

entry into force The moment at which all

legally binding on its parti

Vienna Convention on the L

entry into force of a treaty ta

d h d t th t


24/81


exclusion The formal denial of an aliens

In some States, border officia

have the power to exclude a

exclusion is ordered by an imm

hearing.

exit visa Visa issued for individuals w

need to extend them before lea

exodus Movements in groups (isolated

country of origin. Mass exodus

numbers or of a section of the

time.

exploitation The act of taking advantage of s

in particular the act of takinganother for ones own benefit (e

forced labour or services, slave

to slavery, servitude or the rem

See also child exploitation, fo

trafficking in persons

expulsion An act by an authority of the S

and with the effect of securing t

or persons (aliens or stateless

will from the territory of that S

expulsion order The order of a State informing

non-national to remain on its tgiven either if the individual e

territory, or is no longer autho

State. This order is generall

announcement that it will be e


25/81

individual alien of the grou

45917/99, 23 February 199

See also expulsion

externally displaced persons Persons who have fled thei

tion, generalized violence,

or other man-made disaster

flee en masse. Sometimes t

de facto refugees.See also de factorefugees, d

displaced persons

extradition The formal surrender, gen

other reciprocal arrangemen

of an individual accused o

outside its territory and witother, for the purpose of tri

See also refoulement


26/81


F

facilitated migration Fostering or encouraging of le

making travel easier and more c

can include any number of mea

lined visa application process,

staffed passenger inspection pr

family members See members of the family

family reunification/reunion Process whereby family memb

through forced or voluntary m

country other than the one of

certain degree of State discreti

See also dependants, family un

family unity, right to A familys right to live together

unit of a society, to receive resp

ance and support. This right is n

living in their own State and national law (e.g. Art. 16, Un

Human Rights, 1948; Art. 8,

for the Protection of Human Ri

Freedoms, 1950; Art. 16, Eur

1961; Art. 17 and 23, Internatio

and Political Rights, 1966;

Covenant on Economic, Socia1966; Art. 17, American Conven

1969).

feminization of migration The growing participation of


27/81

forced migration General term used to descri

in which an element of c

threats to life and livelihonatural or man-made cau

refugees and internally dis

people displaced by natural

chemical or nuclear disaster

projects).

See also internally displace

forced repatriation See involuntary repatriatio

forced resettlement/relocation Involuntary transfer of ind

the jurisdiction of a State

residence as part of a gover

forced return The compulsory return of a

of origin, transit or third c

administrative or judicial a

See also deportation, expul

ation, refoulement, repatr

repatriation, voluntary retu

foreigner A person belonging to, or

another State.

See also alien

fraud A misrepresentation of the

material fact in order to ob

fraudulent document Any travel or identity docu

made or altered in some ma

than a person or agency law


28/81


freedom of movement This right is made up of three ba

of movement within the territo

13(1), Universal Declaration oEveryone has the right to free

residence within the borders o

leave any country and the righ

own country (Art. 13 (2), Uni

Human Rights, 1948: Everyon

any country, including his owcountry.).

See also right to leave, right to

frontier See border

frontier worker A migrant worker who retain

residence in a neighbouring Stnormally returns every day or

(Art. 2(2) (a), International C

tection of the Rights of All M

Members of Their Families, 19

See also migrant worker

fundamental human rights Within the large scope of huma

rights are claimed to be of pa

Support for this view comes fro

of some rights. Thus, Art. 4(1),I

on Civil and Political Rights, 19

in time of public emergency

the nation but prohibits any d(right to life), 7 (torture), 8(1)

servitude), 11 (imprisonment fo

obligation), 15 (retroactive c

(recognition as a person in law


29/81


30/81


grounds of inadmissibility Definitions set forth in migrati

of reasons for which non-nation

from entering the State. Even wwise eligible for a visa or other

s/he falls within a ground of in

or other status will be denied.

bility are typically designed to

desirable non-nationals, such a

travel documents, persons withpersons who are believed to

health or public safety, persons

ously deported.

See also waiver

guardian One who has the legal authori

anothers person or property, uothers incapacity, disability, o


31/81

H

habeas corpus An action before a court to te

or imprisonment.

habitual/usual residence A place within a country,

where he or she normally srest.

See also country of habitual

health A state of complete physica

being and not merely th

infirmity.

health assessment In the migration context, th

better managing the public h

mobility on receiving coun

ing the integration of migra

and cost-effective managem

and medical documentatiassessments offer an opportu

of assisted migrants in provi

preventive and curative int

that, if left untreated, coul

on the migrants health stat

the host communities.

hearing The opportunity to be hear

of a case before a tribunal.

h ldi t A f ilit l d i l

I i l Mi i L


32/81


and Political Rights, 1966and

by other treaties from this core

on the Elimination of All Foragainst Women, 1979; Interna

the Elimination of All Forms of

1965).

See also fundamental human r

human trafficker See trafficker

humanitarian law Rules of international law espe

protection of the individual in

conflict.

humanitarian principles Ethical standards applicable to a

which have their underpinningsrights and humanitarian law, a

integrity of humanitarian acti

statement of humanitarian prin

Fundamental Principles of th

Crescentadopted in 1965.


33/81

I

identity document A piece of documentation d

ity of the person carrying i

See also passport, travel do

illegal alien See undocumented alien, situation

illegal entry Act of crossing borders wi

necessary requirements for

ing State (Art. 3(b), UN Pr

gling of Migrants by Land, S

the United Nations Convent

Organized Crime, 2000).

See also irregular migratio

illegal migrant See irregular migrant

illegal migration See irregular migration

immigration A process by which non-nat

for the purpose of settleme

See also emigration

immigration status Status which a migrant is a

gration law of the host cou

immigration zone The zone of the high seas an

in which the States immig

( l ll d i ti


34/81


35/81

habitual residence, in part

order to avoid the effects of

of generalized violence, vor natural or human-made

not crossed an international

(Guiding Principles on In

Doc E/CN.4/1998/53/Add.2

See also displaced perso

persons

international assistance Support provided by the inte

as assistance in kind, fin

services of trained personn

international law The legal principles gover

tween States. More modernrelations, embracing not o

participants as internationa

individuals (such as those

rights or commit war crim

nations, public internationa

international migration Movement of persons whorigin, or the country of habi

themselves either perman

another country. An interna

crossed.

See also internal migration

international migration law Instruments of international l

international minimum A State is required to obs

standard set byinternational law wi



36/81


interview The process of questioning or

in order to obtain informati

personal qualities of the perscommon step in the adjudicatio

refugee or other immigration s

See also adjudicator, applic

spection

involuntary repatriation Repatriation of refugees to t

induced by the receiving count

stances which do not leave an

repatriation is a personal right

deportation which are primaril

State sovereignty), as such, neit

ality nor the State of temporary

power is justified in enforcing rwill of an eligible person, whet

of war. According to contempo

prisoners of war or refugees

particularly if motivated by f

secution in their own country

from refoulement and given,

or permanent asylum.See also deportation, expulsion

ment, repatriation, return, vo

voluntary return

irregular migrant Someone who, owing to illega

his or her visa, lacks legal stacountry. The term applies to m

countrys admission rules and

authorized to remain in the ho

clandestine/ illegal/undocumen


37/81

in which a person crosses

without a valid passport or

not fulfil the administrativethe country. There is, howe

the use of the term illeg

smuggling of migrants and

See also clandestine migr

regular migration, undocum

itinerant worker A migrant worker who, h

residence in one State, has

or States for short periods,

or her occupation (Art. 2(2

vention on the Protection of

Workers and Members of T




38/81

g

J

judgement A courts final determination

gations of the parties in a case

judicial review A courts power to invalidate le

actions as being unconstitutionlaw; a courts review of lower

trative bodys factual or legal f

judiciary Branch of government responsi

laws and administering justice

body of judges.

jurisdiction The legal power or authority to

cause of action. It can also refer

within which any particular po

jus cogens Rule of law which is peremptor

binding irrespective of the wilA peremptory norm of general

cogens) is a norm accepted a

international community of Stat

from which no derogation is pe

be modified only by a subseq

international law having the sa

Vienna Convention on the Lawexample the prohibition of tort

jus sanguinis(latin) The rule that a childs nationali

t ti lit i ti


39/81

K

kidnapping Unlawful forcible abductio

vidual or group of individu

for the purpose of extorti

benefit from the victim of

third party. Kidnapping isnational criminal legislation

are, however, certain kidnap

national law (e.g. piracy).



40/81

L

labour migration Movement of persons from thei

State for the purpose of emplo

tion is addressed by most Sta

laws. In addition, some States

regulating outward labour mopportunities for their national

laissez-passer A travel document issued by th

and accepted as a valid travel d

its staff for official travel(Gene

Privileges and Immunities of

1946).

lawful Not contrary to law; permitted

lawful admission Legal entry of an alien into t

under a valid immigrant visa.

law of nations See international law

legalization The act of making lawful; autho

by legal sanction.

legitimate Something that is genuine,

example, a legal migrant enters to comply with the migration l

imate travel documents.

See also bona fide


41/81

redress it by its own means

its own domestic legal sy

(Preliminary Objections),I

long-term migrant A person who moves to a

his or her usual residence

year, so that the country o

becomes his or her new co

From the perspective of the

person will be a long-term the country of arrival, the p

immigrant.

See also permanent settlers

lookout system A States official list, usu

automated, of persons who

entering the country or wh

arrival. A lookout system (

system) is typically an int

receives input from all law

and migration agencies. W

book form, the lookout lis

consular and border controdecisions about granting a

to enter the State.

See also biometrics

loss of nationality Loss of nationality may foll

(expatriation, deliberate ren

an individual, or automaticacquisition of another nat

(denationalization). Denati

act of a State, whether by d

authorities or by the operati


42/81


43/81

migrant flow The number of migrants co

authorized to move, to or

employment or to establish period of time.

migrant stock The number of migrants r

particular point in time.

migrant worker A person who is to be engag

engaged in a remunerated a

he or she is not a national

Convention on the Protec

Migrant Workers and Mem

1990).

See also documented migra

itinerant worker, project-tisonal worker, self-employed

ment worker, worker on an

migrant worker in an See undocumented migrant

irregular situation

migrants for settlement Foreigners granted permissunlimited period and subjec

regarding the exercise of

political rights (e.g. empl

family-based migrants, a

migrants with the right to fre

retirees).

migration A process of moving, eith

border, or within a State. It i

encompassing any kind o



44/81

minor A person who, according to th

country, is under the age of m

entitled to exercise specific civSee also child

minority Although there is no universal

of minority in international la

considered to be a group which

to the rest of the population of

dominant position, whose me

religious or linguistic characteri

those of the rest of the popula

implicitly, maintain a sense

towards preserving their cultu

or language.

See also member of minority

mixed flows Complex population movemen

asylum seekers, economic

migrants.

multilateral In relation to treaties and neg

(or multipartite) connotes the than two States in the process.

See also bilateral, treaty


45/81

N

national A person, who, either by b

member of a political com

to the community and bein

civil and political rights an

the State, entitled to all its ping a nationality of a given

See also nationality, natura

national territory The geographical areas b

jurisdiction of a State.

national treatment According to this standard

better legal protection than

State to its own nationals

standard cannot be used as

national obligations under

international law.

nationality Legal bond between an in

International Court of Just

theNottebohm case, 1955,

as its basis a social fact o

connection of existence,

together with the existence

duties...the individual upoeither directly by law or as

authorities, is in fact more c

population of the State conf

ith th St t A



46/81

naturalization Granting by a State of its n

through a formal act on the a

vidual concerned. Internationadetailed rules for naturalization

competence of every State to na

not its nationals and who apply t

See also national, nationality

net migration See total migration

neutrality The condition of a State that in t

takes no part in the dispute b

dealings with the parties to the

next of kin The person or persons most cl

to an individual.

nomad An individual, often a mem

migrates from place to place, oft

food, or grazing land.

non-admission Refusal to permit entry to the t

See also admission

non-discrimination The refusal to apply distinction

to human beings simply beca

specific category. Discrimina

international law, for example i

Covenant on Civil and Politica

states: All persons are equal b

entitled without any discrim

protection of the law. In this

prohibit any discrimination


47/81

(refouler) a refugee in a

the frontiers of territories w

would be threatened on accnationality, membership of

or political opinion. Th

claimed by a refugee, wh

grounds for regarding as a

the country in which he

convicted by a final judgem

crime, constitutes a danger

country. (Art. 33 (1) and

Relating to the Status of Re


48/81


49/81

P

Palermo Protocols Supplementary protocols t

Transnational Organized

Against the Smuggling of M

Air; Protocol to Prevent, S

ficking in Persons, Especiaand Protocol against the M

ficking in Illicit Firearms,

Materials.

passenger A person riding in a vehicle

etc.) who is not operating i

passport A government document

national of the issuing State

holders right to return to

traditions, passports have b

purposes, not as domestic

passport is the accepted inevidence of nationality, alth

isprima facieonly.

See alsoidentity document

permanent residence The right, granted by a host

live and work therein on

basis.

permanent settlers Legally admitted immigra

settle in the receiving co

d itt d f th f


50/81


51/81

private international law Branch of domestic law whi

a foreign element, i.e. con

law other than the domestipublic international law.

pro bono(latin) For the public good, bein

sated legal services perform

good.

prohibition of torture Torture is prohibited by documents, such as the U

Human Rights, 1948(art. 5

of Rights and Duties of M

International Covenant on

1966(art. 7),European Con

1950 (art. 3), various UN international crime; the pr

an obligation of States and

human right. The prohibiti

viewed as having reached

peremptory norm of interna

See alsojus cogens, fundam

project-tied worker A migrant worker admitted

for a defined period to work

being carried out in that Sta

(Art. 2(2) (f), Internatio

Protection of the Rights of

Members of Their Families


prosecution A criminal proceeding in w

tried.



52/81

Q

qualified national Expatriate national with speci

in demand in the country or re

See also skilled migrant

quarantine The temporary isolation of a perwith a contagious or infectious

quasi-judicial Relating to, or involving an e

trative officials adjudicative ac

which are valid if there is no ab

determine the fundamental rig

are subject to review by courts

quota A quantitative restriction. In t

many countries establish qu

number of migrants to be admi


53/81



54/81

readmission Act by a State accepting the re

(own national, third-country

person), who has been found illepresent in another State.

readmission agreement Agreement which addresses pr

to return aliens in an irregular s

State or a State through which t

the State which seeks to return

See also agreement, bilateral,

receiving country Country of destination or a thi

of return or repatriation, also t

Country that has accepted to re

of refugees and migrants on a ye

tial, ministerial or parliamenta

See also country of destination,

country

reception centre See holding centre

re-emigration The movement of a person who

to his/her country of departure

See also emigration, return

refoulement The return by a State, in any m

an individual to the territory of

his/her life or liberty would be t

be persecuted for reasons of rac

membership of a particular soopinion; or would run the risk o

includes any action having the

individual to a State, including

t diti j ti t th f

f ( i d) A h i


55/81

refugee (recognized) A person, who owing to we

tion for reasons of race, reli

ship of a particular social gis outside the country of his

or, owing to such fear, is un

the protection of that coun

to the Status of Refugees, Ar

by the 1967 Protocol).

See also asylum seekers, de

displaced persons, refugee,in transit

refugee status determination A process (conducted by U

determine whether an indivi

as a refugee in accordance

national law.

refugees in orbit Refugees who, although n

country where they may b

asylum or unable to find a

their request, and are mo

another in a search of asylu

See also asylum, refugee

refugees in transit Refugees who are temporari

of a State under the condit

elsewhere.

See also refugee, resettlem

refugeessur place Persons who are not refugcountry of origin, but who

acquire a well-founded fea

date. Refugees sur place

ti t dt


reg lar migration Mi ti th t th


56/81

regular migration Migration that occurs throu

channels.

See also clandestine migration

regularization Any process by which a count

irregular situation to obtain leg

Typical practices include the g

(also known as legalization

resided in the country in an ir

given length of time and areinadmissible.

See also amnesty, legalization

reintegration Re-inclusion or re-incorporati

group or a process, e.g. of a m

of his country of origin.

See also assimilation, integrat

reintegration (cultural) Re-adoption on the part of the

the values, way of living, langu

ideology, and traditions of th

society.

reintegration (economic) Reinsertion of a migrant into th

his/her country of origin. The m

to earn his/her own living. In

economic reintegration also ai

how which was acquired in t

promote the economic and soc

country of origin.

reintegration (social) Reinsertion of a migrant into t

his/her country of origin. This in

repatriation The personal right of a refu


57/81

repatriation The personal right of a refu

return to his/her country of

conditions laid down in vaments (Geneva Conventio

1977, the Regulations R

Customs of War on Land

Hague Convention, 1907,

mentsas well as in customa

option of repatriation is bes

personally and not upon theation also entails the obligat

to release eligible persons (

the duty of the country of

nationals. Repatriation a

diplomatic envoys and inte

of international crisis.

See also assisted volunt

repatriation, return, right t

rescue at sea The duty to rescue those in

established byboth treaty an

law. A State where those r

disembarkation and requirethem from the jurisdiction; o

ation conditional upon satisf

settlement, care and mainte

flag or other States, or by in

reservation to a treaty A unilateral statement, ho

made by a State, when signapproving or acceding to a

to exclude or to modify the

visions of the treaty in thei

(A 2 (1)(d) Vi C


residence The act or fact of living in a


58/81

residence The act or fact of living in a

time; the place where one a

tinguished from a domicile. Rmeans bodily presence as an

place, while domicile usually re

and an intention to make the

person thus may have more th

time but only one domicile.

See also country of habitual/usu

residence permit A document issued by a state t

that the alien has the right to li

See also permit, residence

respondent A person required to answer

civil suit.

See also defendant, plaintiff

restitution Return or restoration of some

rightful owner or status; comp

for the loss caused to anoth

benefits derived from a wrong

return Refers broadly to the act or p

This could be within the terri

country, as in the case of return

ized combatants; or from a host

or destination) to the country o

of refugees, asylum seekers, a

There are subcategories of retuthe way the return is implem

forced, assisted and spontaneou

categories which describe who

right of asylum A generic term used in two


59/81

right of asylum A generic term, used in two

asylum (a State may grant

any person at its own discrgranted asylum either vis-

territory asylum is requeste

State.

See also asylum

right to leave Everyone has the right to le

his own... (Art. 13 (2), UHuman Rights, 1948) This r

international law instrume

12(2),International Coven

Rights, 1966 which states:

leave any country, includin

of the right to freedom of m

all persons without distinct

corollary right to enter the t

international law.

See also freedom of moveme

standard, repatriation, retu

right to return Another aspect of the right According toArt. 13 (2) of

of Human Rights, 1948: E

return to his country. Ar

Covenant on Civil and Po

that: No one shall be arbitr

to enter his own country.

of the Covenant provides foabove-mentioned rights [in

subject to any restrictions

provided by law, are nece


S


60/81

S

safe country of origin A country or origin of asylum

safe if it does not, or not gener

Receiving countries may use

country of origin as a basis fo

(without examination of the meor categories of asylum seeker

See also country of origin, safe

safe haven Neutralized zones intended to s

of war the wounded and sic

combatants and civilian per

in hostilities.(Art. 15, Geneva Cthe Protection of Civilian Per

1949.)

See also asylum

safe third country A safe third country is consi

country to be any other country

of origin, in which an asylum

might have found protection. T

country (protection elsewhere/

is often used as a criterion o

refugee determination procedu

See also country of origin, rec

Schengen Agreement Intergovernmental agreement s

a European free-movement zo

internal land, water and airpor

i t i i t l it

seafarer Migrant worker employed o


61/81

g p y

in a State of which he or she

fishermen) (Art. 2(2)(c), Intthe Protection of the Right

and Members of Their Fam


seasonal worker A migrant worker whose

dependent on seasonal con

only during part of the year (Convention on the Protec

Migrant Workers and Mem

1990).


secondary inspection In cases of doubt in the prim

admission procedure, the apview or additional investiga

inspection.

See also primary inspection

secondary migration A movement of a migrant w

from the community in whi

self-employed worker A migrant worker who is e

activity otherwise than und

ment and who earns his o

activity normally working

members of his or her famil

worker recognized as selflegislation of the State of e

multilateral agreements (A


Mi W k d M


servitude See debt bondage, slavery


62/81

g y

short-term migrant A person who moves to a couhis or her usual residence for a

months but less than a year) exc

movement to that country is for

holiday, visits to friends or relat

cal treatment. For purposes of i

statistics, the country of usual r

migrants is considered to be theduring the period they spend in

See also long-term migrant, pe

porary migrant workers, trans

skilled migrant Migrant worker who, becaus

usually granted preferential tr

mission to a host country (and

fewer restrictions regarding len

employment and family reunif

See also qualified national

slavery The status or condition of a per

all the powers attaching to the exercised (Art. 1, Slavery C

amended by 1953 Protocol). S

an element of ownership or con

coercion and the restriction of

fact that someone is not free

employer (e.g. traditional ch

labour, serfdom, forced labouror religious purposes).

See also bonded labour, child

child labour

Organized Crime, 2000).


63/81

trafficking does not require

coercion, or violation of huSee also illegal entry, traffi

sovereignty Sovereignty as a concept of

major aspects: external, in

external aspect of sovereign

freely to determine its rela

other entities without the resState. This aspect of sove

independence. The interna

the States exclusive right o

the character of its own ins

its own choice and ensure th

aspect of sovereignty is the

a State exercises over all

on, under or above its territ

specified-employment worker A migrant worker: (i) Who

employer for a restricted a

to a State of employment

assignment or duty; or (ii) Wand defined period of tim

professional, commercial,

specialized skill; or (iii) Wh

or her employer in the State

for a restricted and define

whose nature is transitory or

to depart from the State of expiration of his or her aut

earlier if he or she no longe

assignment or duty or eng


spontaneous migration An individual or group who ini


64/81

their migration plans without a

Spontaneous migration is usualfactors and is characterized

assistance or any other type of in

assistance.

See also assisted migration, ass

push-pull factors

standard of proof The degree or level of persuasirequired in a specific case. For e

context, well-founded is a st

assessing the fear of persecutio

State A political entity that has legal j

ive control over a defined terri

to make collective decisions flation, a monopoly on the legit

an internationally recognized g

acts, or has the capacity to inter

with other entities. The crit

purposes of international law

be possession of a permanent

territory, government and capa

national relations with other Sta

Convention on the Rights and D

State of employment A State where the migrant work

engaged or has been engaged in

as the case may be (Art. 6(b), Inon the Protection of the Rights o

and Members of Their Familie


stateless person A person who is not consid

S d h i


65/81

State under the operation o

vention relating to the Sta1954). As such, a stateless

attributable to nationality:

of a State, no inherent right

residence and no right of re

See also de facto statelessn

suit Any proceeding by a partyin a court.

summons A notice requiring a person t

an administrative agency to


T


66/81

technical cooperation The sharing of information an

subject usually focused on pu

(e.g. development of legisla

assistance with the design an

infrastructure, or technologicaSee also capacity building

temporary migrant workers Skilled, semi-skilled or untraine

in the receiving country for

determined in a work contra

worker or a service contrac

enterprise. Also called contracSee also short-term migrant

temporary protection Procedure of exceptional chara

event of a mass influx or imm

persons from third countries w

to their country of origin, imm

protection to such persons, in palso a risk that the asylum sys

process this influx without a

efficient operation, in the int

concerned and other persons re

territorial asylum See asylum (territorial)

territorial jurisdiction Jurisdiction over cases arising i

residing within a defined territo

which a government, one of it

third country national See alien, foreigner, nation


67/81

torture Anyact by which severe p

physical or mental, is inten

son for such purposes as ob

third person information o

him/her for an act s/he or a t

or is suspected of having c

or coercing him/her or a thir

based on discrimination of or suffering is inflicted by

with the consent or acquies

or other person acting in an

not include pain or suffe

inherent in or incidental to

Convention Against Torture

or Degrading Treatment orSee alsojus cogens, prohi

total migration/net migration The sum of the entries or a

of exits, or departures of e

volume of migration, and i

as distinct from net mig

balance, resulting from the d

and departures. This balanc

when arrivals exceed depa

when departures exceed ar

trafficker, human An intermediary who is mov

tain an economic or other prcoercion and/or other forms

ab initioon the part of the

person and gain profit or adva

S l l it ti


transients Professional or skilled worker

country to another often as emp


68/81

country to another, often as emp

and/or joint venture companieSee also migrant worker

transit A stopover of passage, of varyin

ling between two or more coun

to continuous transportation, o

changing planes or joining an o

mode of transport.See also refugees in transit, St

transit passengers Persons who arrive in a State

while in transit to another (thir

and throughout the whole peri

of 24 hours from the time of

they are in the State, remain oarrived on, or in a port or airpor

custody of the police.

See also state of transit, transi

transit visa A visa, usually valid for three d

through the country issuing the vi

See also state of transit, transit,

transportation The movement of goods or per

another by a carrier.

See also conveyance

travel documents Generic term used to encompasare acceptable proof of identi

entering another country. Pass

most widely used forms of tra

St t l t t i id

U


69/81

ultra vires(latin) Unauthorized; beyond the s

granted by a corporate char

unaccompanied minors Persons under the age o

accompanied by a parent, gu

by law or custom is respon

panied minors present spec

control officials, because de

used with undocumented

appropriate for minors.

See also child, minor

undocumented alien An alien who enters or stay

appropriate documentatio

others: one (a) who has n

enter a country but manag

(b) who enters using fra

(c) who, after entering using

stayed beyond the time

violated the terms of entr

authorization.

See also illegal entry, irreg

undocumented migrant Migrant workers or memb

workers/migrant workers are notauthorized to enterin an irregular situation employment in aState.

See also documented migran

l f l t S ill l


urban-urban migrants Internal migrants who move fr

another, generally for employm


70/81

another, generally for employm

See also internal migration

V


71/81

vessel Any type of water craft, in

craft and seaplane, used or

means of transportation on

naval auxiliary or other ves

a Government and used, fo

government non-comme

Protocol Against Smuggling

and Air, 2000).

victim of human trafficking An individual who is a victi

ing in persons.

See also trafficker, trafficki

violence against women Any act of gender-based vi

likely to result in, physical

harm or suffering to women

acts, coercion or arbitrar

whether occurring in publi

Declaration on the EliminWomen, 1993).

visa An endorsement by a consu

a certificate of identity that

at the time of issuance, b

within a category of nonadmitted under the States l

criteria of admission into a S

is moving towards issuance

hi h l ith ICAO (I


72/81

W


73/81

waiver The voluntary relinquishm

press or implied, of a legal ri

tion law might provide that

or grounds of inadmissibilit

compelling cases, giving th

authority to exercise judg

requirement should be wa

watch list See lookout system

withdrawal, of an application Request that an application

celled or returned, or indicthat the person who filed it n

or status requested.

See also application

witness One who has personal know

facts by direct experience

person with such knowledgto present this knowledge in

some event or action. In the

the execution of a written

agreement or contract.

worker on an offshore A migrant worker employinstallation lation thatis under the juris

he or she is not a national (A


Mi W k d M


74/81

X


75/81

xenophobia At the international level,

definition of xenophobia

described as attitudes, prej

reject, exclude and often vi

perception that they are out

community, society or nat

close link between racism a

that are hard to differentiat


76/81

International Organization for Migration

1970s Glossary: Definitions and Explanations of Terms a

Mi ti W k I t t l C itt


77/81

Migration Work, Intergovernmental Committee

Geneva.

1997 Terminology and Typologies of Migration,IOM O

Migration, Migration Management Training Progra

2001 The Role of Regional Consultative Processes in

Migration,IOM Migration Research Series, No. 3

2003 World Migration 2003: Managing Migration, Chal

People on the Move, Volume 2, IOM World Migrati

Perruchoud, R.

1992 Persons falling under the Mandate of the Intern

Migration (IOM) and to Whom the OrganizationServices, International Journal of Refugee Law

University Press, Oxford.

1998 Migration Terminology,International Migration

Budapest, Hungary.

United Nations

1998 Recommendations on Statistics of International

Glossary, UN; also at http://unstats.un.org/uns

SeriesM_58rev1E.pdf.

United Nations Commission on Population and Development

1998 Concise report on world population monitoring, 1997& Development, UN, New York.

United Nations Educational, Scientific and Cultural Organizat


Documentary Sources


78/81

Convention (IV) respecting the Laws and Customs of War onRegulations concerning the Laws and Customs of War on Land, T

into force 26 January 1910) [187 Consol. T.S. 227]

Slavery Convention (Convention to Suppress the Slave Trade and

into force 9 March 1927), [60 LNTS 253], as amended by Protocol

Convention, 1953 (entry into force 7 December, 1953) [182 U.N.T

Convention on Certain Questions Relating to the Conflict of N

(entry into force 1 July 1937)

ILO Convention No.C29 Concerning Forced Labour, 1930 (entry i

abolished by Convention No.C105, 1957)

Montevideo Convention on Rights and Duties of States, 19

26 December 1934)

Charter of the United Nations, 1945(entry into force 24 October

Convention on the Privileges and Immunities of the United Nat

force 17 September 1946) [1 U.N.T.S. 15]

Universal Declaration of Human Rights, 1948 [G.A. res. 217A (II

American Declaration of the Rights and Duties of Man, 1948 [O.A

Convention on the Prevention and Punishment of the Crime of G

into force 12 January 1951) [78 U.N.T.S. 277]

IV Geneva Convention Relative to the Protection of Civilian Per

1949 (entry into force 21 October1950) [75 U N T S 287]

Protocol IV to the 1950 European Convention of Human Righ

2 May 1968) [E.T.S. No. 46]


79/81

Vienna Convention on Consular Relations, 1963 (entry into fo

U.N.T.S 261]

International Convention on the Elimination of All Forms of Ra

(entry into force 4 January 1969) [660 U.N.T.S. 195]

International Covenant on Civil and Political Rights (ICCPR23 March 1976) [999 U.N.T.S. 171]

International Covenant on Economic, Social and Cultural Righ

3 January 1976) [993 U.N.T.S. 3]

Protocol Relating to the Status of Refugees, 1967 (entry into fo

U.N.T.S. 267]

American Convention on Human Rights, 1969 (entry into fo

U.N.T.S. 123]

Vienna Convention on the Law of Treaties, 1969 (entry into

[1155 UNTS 331]

American Convention on Human Rights, 1978 (entry into fo

U.N.T.S. 123]

Convention for the Elimination of All Forms of Discriminatio

(entry into force 3 September1981) [1249 U.N.T.S. 13]

African (Banjul) Charter on Human and Peoples Rights, 1981 (e

1986)


Guiding Principles on Internal Displacement, 1998 [Un Doc E/CN

ILO Convention No C182 Concerning Worst Forms of Child La


80/81

ILO Convention No.C182 Concerning Worst Forms of Child La

force 19 November 2000)

International Convention for the Suppression of the Financing of T

into force 10 April 2002) [A/RES/54/109]

United Nations Convention against Transnational Organized Crime

29 September 2003) [G.A. res. A/RES/55/25]

Protocol to Prevent, Suppress and Punish Trafficking in Persons, E

Children, Supplementing the United Nations Convention Against Tr

Crime, Annex II, 2000 [G.A. res. A/RES/55/25], (entry into force

Protocol Against the Smuggling of Migrants by Land, Sea and A

United Nations Convention Against Transnational Crime, Annex RES/55/25], (entry into force 28 January 2004)

gran or er es rac ces a ona y

ravellerReintegration CheckpointLabour MigrationSlabour Illegal Entry Adjudicator Laissez-Passer Nomad

bduction R acism Guardian Expulsion De Fa

rotection Internally Displaced Persons Best Pra


81/81

nstrument Child Adoption Kidnapping Alien Diplomati

ermanent Settlers Organized Crime Human Trafficking

arrier Fraudulent Document Immigratio

ndocumented Migrant WorkerXenophobia Ab

rain-Drain GenocideInternational Protection Vulnerrmed Conflict Deception Internal Migration Ances

dmission Irregular Migration Diplomatic Asylum

landestine Migration RepatriationAssisted Voluntary Returnomicile Extradition

Orderly MigrationLoss Of N

isplacement Remittances Country Of Desti

entre Minority Short-TermMigrant Border ReturnEx

orker Migrant Flow Passport Torture Urban

ight To Return Best Practices Civil AndPolitical Rights

idnappingAlien Diplomatic Labour MigrationSlavery

legal Entry AdjudicatorLaissez-PasserWorst Forms Of C

ccord Visa Traveller Reintegration Checkpoint Labo

lavery Foreigner Jus Cogens ProtectionMigran

llegal Entry Adjudicator Laissez-Passer Nomad State

eutrality Influx Abduction R acism Expulsi