Mixed migration flows and the obstacles to the refugees protection

Abstract The paper discusses mixed migration flows considering its impacts on the requests of refugee status recognition, its legal framework in the transit and destination countries and, specially, the protection to refugees. The National States have, invariably, been treating international migration in a general way, disregarding specific and individuals elements that have motivated them. The consequence of this modus operandi is that many refugee applicants, who use the same mechanisms and routes as the so-called voluntary migrants, have disadvantages in the access to the right of recognition of their requests. Such reality have affected the debates on migratory flows in both the academy and in the refugee protection and advocacy bodies, such is the case of UNHCR and the American System developed after the Cartagena Declaration. Accordingly, based on documents from the international organizations and in the debates carried out in the Academia, the paper will analyze the mixed flows and the way these questions concerning the topic have been debated in the international arena, presenting good practices and solutions that can assure to the refugees the protection to which they are entitled.

摘要 本文围绕混合移民流展开探讨，分析其对难民身份认定申请的影响、过境国与目的地国的法律框架，尤其聚焦难民保护议题。各国始终以笼统方式处理国际移民问题，忽视了驱动移民的特定个体因素。此种处理模式导致的后果是，诸多与所谓“自愿移民”采用相同途径与路线的难民申请人，在其身份认定申请的权利获取方面处于不利地位。这一现实已对学术界及难民保护与倡导机构（如联合国难民署（UNHCR）、卡塔赫纳宣言后确立的美洲难民保护体系）内的移民流相关讨论产生了影响。有鉴于此，本文将依托国际组织的相关文件与学术界的研讨内容，分析混合移民流及该议题相关问题在国际舞台上的讨论路径，并提出可保障难民获得其应享保护的良好实践与解决方案。