Training course on Migration and Refugee Law

Training Course on Migration and Refugee Law 

Introduction 

In an era characterized by unprecedented global human mobility and escalating geopolitical complexities, understanding the intricate landscape of migration and refugee law has become a critical imperative for legal professionals, humanitarian workers, policymakers, and all actors engaged in human rights protection. Millions worldwide are compelled to move due to conflict, persecution, economic hardship, and increasingly, the impacts of climate change, giving rise to urgent legal and ethical challenges. The international community grapples with the fundamental principles of state sovereignty versus the universal imperative to protect human rights and ensure the safety of those fleeing violence or natural disasters. This specialized field of law seeks to regulate the movement of people across borders, establish protections for the most vulnerable, and define the obligations of states towards non-citizens. Training Course on Migration and Refugee Law is meticulously designed to equip participants with a deep theoretical understanding and practical application of the evolving legal frameworks governing forced displacement, asylum seekers, and broader international migration governance.

This course will delve into the foundational instruments of international refugee law, notably the 1951 Refugee Convention and its 1967 Protocol, alongside other key international and regional treaties that protect the rights of all migrants. Participants will gain crucial insights into the criteria for refugee status determination, the principle of non-refoulement, and the legal complexities surrounding asylum procedures. Emphasis will be placed on analyzing the legal aspects of border management, combating human trafficking and migrant smuggling, and exploring avenues for durable solutions for displaced populations, including resettlement and local integration. By examining landmark jurisprudence, policy debates, and real-world case studies, attendees will develop the analytical and advocacy skills necessary to contribute effectively to principled and rights-based responses to global migration challenges, ensuring adherence to humanitarian norms and promoting migrant dignity in a complex world.

Course Objectives

Upon completion of this course, participants will be able to:

1. Analyze the historical evolution and foundational principles of International Refugee Law.
2. Interpret the 1951 Refugee Convention and its 1967 Protocol in detail.
3. Understand the legal criteria and process for refugee status determination (RSD).
4. Apply the principle of non-refoulement and its scope in various contexts.
5. Differentiate between refugees, asylum seekers, and migrants under international law.
6. Examine the legal framework for the human rights of migrants regardless of status.
7. Assess international and national legal responses to irregular migration and border control.
8. Understand the legal distinctions between human trafficking and migrant smuggling.
9. Explore the concept of durable solutions for refugees and internally displaced persons.
10. Analyze the causes and international legal framework addressing statelessness.
11. Discuss specific vulnerabilities and protection needs of groups like women, children, and LGBTQ+ refugees/migrants.
12. Identify emerging legal challenges related to climate migration and environmental displacement.
13. Formulate legal and policy recommendations for comprehensive migration governance.

Target Audience

This course is designed for a diverse range of professionals, academics, and advocates who are involved in or seek to understand the legal aspects of migration and refugee protection:

1. Legal Professionals: Lawyers, judges, paralegals, and legal advisors working in immigration, asylum, or human rights law.
2. Government Officials: Policymakers, immigration officers, border control agents, and diplomats.
3. Humanitarian & NGO Workers: Staff of UN agencies (e.g., UNHCR, IOM), international NGOs, and local civil society organizations.
4. Academics & Researchers: Scholars, educators, and students in international law, human rights, migration studies, and political science.
5. Social Workers & Counselors: Professionals providing support and services to migrant and refugee communities.
6. Journalists & Researchers: Individuals covering migration crises, human rights abuses, and international policy.
7. Law Enforcement Officers: Those involved in border security, anti-trafficking efforts, and irregular migration issues.
8. International Relations Professionals: Individuals working on global governance, diplomacy, and international development with a focus on migration. 

Course Duration: 10 Days

Course Modules

Module 1: Introduction to Migration and Forced Displacement

• Definitions: Migrants, Refugees, Asylum Seekers, Internally Displaced Persons (IDPs)
• Global Trends in Human Mobility and Forced Displacement
• Drivers of Migration: Conflict, Persecution, Economic Factors, Environmental Change
• Overview of International Legal and Policy Frameworks
• Ethical and Philosophical Dimensions of Migration

Module 2: International Refugee Law: The 1951 Convention & 1967 Protocol

• Historical Context and Genesis of the 1951 Refugee Convention
• Key Provisions: Definition of "Refugee" (Article 1A(2))
• Grounds for Persecution and Nexus to Convention Grounds
• Exclusion Clauses (Article 1F) and Cessation Clauses (Article 1C)
• The Role of UNHCR in Refugee Protection

Module 3: Asylum Procedures and Refugee Status Determination (RSD)

• National Asylum Systems: Legal Frameworks and Institutional Actors
• Fair and Efficient Asylum Procedures: Best Practices
• Evidentiary Standards and Burden of Proof in RSD
• Credibility Assessment and Special Considerations for Vulnerable Applicants
• Appeals and Judicial Review of Asylum Decisions

Module 4: Rights and Obligations of Refugees

• Rights Enshrined in the 1951 Refugee Convention (e.g., non-discrimination, access to courts)
• Economic and Social Rights of Refugees: Work, Education, Public Assistance
• Identity Documents and Freedom of Movement
• Obligations of Refugees towards Host States
• Protection from Expulsion and Non-Refoulement Principle (Article 33)

Module 5: The Principle of Non-Refoulement and Complementary Protection

• Scope and Application of Non-Refoulement in International Law
• Non-Refoulement beyond the 1951 Convention (e.g., CAT, ICCPR)
• Complementary Protection Regimes: Subsidiary Protection, Temporary Protection
• Relationship between Asylum and Complementary Protection
• Challenges to Non-Refoulement in Practice

Module 6: Human Rights of Migrants

• Universal Human Rights Instruments Applicable to All Migrants
• Rights of Regular Migrants: Workers, Students, Family Reunification
• Rights of Irregular (Undocumented) Migrants
• Migrant Workers' Rights: ILO Conventions, UN Migrant Workers Convention
• Protection against Arbitrary Detention and Due Process Rights for Migrants

Module 7: Border Management, Irregular Migration, and Criminalization

• State Sovereignty over Borders and International Legal Constraints
• Legal Aspects of Border Control Measures: Interception, Pushbacks
• Criminalization of Irregular Migration and Assistance
• Legal Frameworks on Human Trafficking (Palermo Protocol)
• Legal Frameworks on Migrant Smuggling (Palermo Protocol)

Module 8: Durable Solutions for Refugees and IDPs

• Voluntary Repatriation: Principles, Conditions, and Challenges
• Local Integration: Legal Frameworks and Policies
• Resettlement: Criteria, Processes, and Legal Bases
• The Guiding Principles on Internal Displacement (IDPs)
• Addressing Protracted Displacement Situations

Module 9: Statelessness and Nationality Law

• Definition of Statelessness and its Causes (e.g., succession, discrimination)
• International Legal Frameworks: 1954 Statelessness Convention, 1961 Convention
• Rights of Stateless Persons
• Nationality Law and its Impact on Statelessness
• UN Campaign to End Statelessness (e.g., #IBelong Campaign)

Module 10: Specific Vulnerabilities and Protections

• Rights of Refugee and Migrant Children: Best Interests of the Child
• Gender-Based Persecution and Gender-Sensitive Asylum Procedures
• Protection of Victims of Torture and Other Ill-Treatment
• Rights of LGBTQ+ Migrants and Asylum Seekers
• Addressing Disability and Health Needs in Forced Displacement Contexts

Module 11: International Migration Governance and Cooperation

• The Role of the International Organization for Migration (IOM)
• The Global Compact for Safe, Orderly and Regular Migration (GCM)
• The Global Compact on Refugees (GCR)
• Regional Cooperation Frameworks on Migration
• Challenges in Global Migration Governance and State Cooperation

Module 12: Contemporary Challenges and Future Directions

• Climate Change and Human Mobility: Legal Gaps and Emerging Protections
• The Impact of Protracted Crises and Humanitarian Emergencies
• Digitalization of Borders and Human Rights Concerns
• Return and Readmission Agreements: Legal and Human Rights Implications
• The Future of Migration and Refugee Law: Towards Comprehensive Approaches

Training Methodology

• Interactive Workshops: Facilitated discussions, group exercises, and problem-solving activities.
• Case Studies: Real-world examples to illustrate successful community-based surveillance practices.
• Role-Playing and Simulations: Practice engaging communities in surveillance activities.
• Expert Presentations: Insights from experienced public health professionals and community leaders.
• Group Projects: Collaborative development of community surveillance plans.
• Action Planning: Development of personalized action plans for implementing community-based surveillance.
• Digital Tools and Resources: Utilization of online platforms for collaboration and learning.
• Peer-to-Peer Learning: Sharing experiences and insights on community engagement.
• Post-Training Support: Access to online forums, mentorship, and continued learning resources.

Register as a group from 3 participants for a Discount 

Send us an email: info@datastatresearch.org or call +254724527104

Certification

Upon successful completion of this training, participants will be issued with a globally recognized certificate.

Tailor-Made Course

We also offer tailor-made courses based on your needs.

Key Notes

• Participants must be conversant in English.
• Upon completion of training, participants will receive an Authorized Training Certificate.
• The course duration is flexible and can be modified to fit any number of days.
• Course fee includes facilitation, training materials, 2 coffee breaks, buffet lunch, and a Certificate upon successful completion.
• One-year post-training support, consultation, and coaching provided after the course.
• Payment should be made at least a week before the training commencement to DATASTAT CONSULTANCY LTD account, as indicated in the invoice, to enable better preparation.