Search results
Found 3350 matches for
The ‘humanitarian smuggling’ of refugees: criminal offence or moral obligation?
At a time when it is nearly impossible for refugees to reach the European Union through safe and legal channels, and human smugglers are providing one of the only means for refugees to flee persecution, should human smugglers be brought to justice, or are they bringing about justice? This research is an inquiry into the range of morally permissible actions that might be considered 'humanitarian smuggling' - those acts of the facilitation of irregular entry that are morally blameless, if not praiseworthy or even obligatory, and should not be criminalised. Turning first to legal doctrine, I argue that smuggling prohibitions at both the international and European levels are vague and overbroad, failing to enable subjects of the law to orientate their behaviour accordingly and risking the suppression of humanitarian acts. Second, drawing upon practical ethics as well as historical and contemporary examples, I begin to map the complex moral terrain of the range of ethically defensible acts of smuggling that risk criminalisation under current smuggling prohibitions. Finally, I analyse several recommendations to shrink the distance between what is legal and what is moral, arguing that at a minimum, smuggling prohibitions must be more narrowly drafted to decriminalise 'humanitarian smugglers'. I ultimately propose that the true wrongs the human smugglers worthy of criminalisation commit may indeed be more aptly punished under other offences in criminal law.
Seasonal workers and intra-corporate transferees in EU law: capital’s handmaidens?
Chapter in 'Temporary Labour Migration in the Global Era: The Regulatory Challenges', J Howe & R Owens (eds). About the book: In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law’s worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.
The Transnational Middle East: People, Places, Borders
The Middle East has been undergoing new crises since the powerful socio-political uprisings known as the Arab Spring took place in several countries in 2011. Some countries are experiencing a long-term collapse of their political and social structures out of internal conflicts and external interventions. The Transnational Middle East posits that, in the Middle East, the development of regional dynamics, of processes and circulations of all kinds, can be documented. In this regard, the approaches it develops — ‘bottom-up’ regionalisation, ‘globalisation from below’ — allow for a better understanding of the ways in which the Middle East is part of global transformations. The book analyses how, through their practices, Middle East societies elaborate a regional space which is not institutionalised. Based on fieldwork in the Middle East, the book provides venues for further theoretical elaboration on globalisation and contemporary societies, as well as on processes of regionalisation. It draws on the emergence of genuine regional spaces of culture, art, economic activity, human circulation — which supplement and do not contradict — and other infra-national, national, or global social processes. As in other areas of the world, these transformations are to a large extent the mode of the Middle East’s insertion into globalisation. In this respect, they go against standard narratives of the supposed ‘exceptionalism’ of the region.
The Syrian Humanitarian Disaster: Understanding Perceptions and Aspirations in Jordan, Lebanon and Turkey
Syria can be described as both a refuge state and a refugee producing nation. This modern historical fact has had a profound influence on the way that neighbouring states and their people have responded and reacted to the current humanitarian crisis. The international humanitarian aid regime in its 21st century incarnation has again been caught out, unprepared and curiously unresponsive to the perceptions and aspirations of both those seeking refuge and the host communities providing it. This paper sets out to explore the disparity in perceptions and aspirations among forced migrants, members of hosting communities and humanitarian aid practitioners and policymakers. It is based on fieldwork in Turkey, Lebanon and Jordan between September 2014 and September 2015.
Book Review: South–South Educational Migration, Humanitarianism and Development: Views from the Caribbean, North Africa, and the Middle East
Book: South–South Educational Migration, Humanitarianism and Development: Views from the Caribbean, North Africa, and the Middle East, by E. Fiddian-Qasmiyeh, Routledge (Oxford), 2015. South–South cooperation – collaboration among states and non-state actors in the global South in economic, political, cultural, and technical domains – is gaining growing attention from states, policy-makers, and academics. A recent Human Development Report titled The Rise of the South notes that: ‘The South has risen at an unprecedented speed and scale…countries of the South are collectively bolstering world economic growth, lifting other developing economies, reducing poverty and increasing wealth on a grand scale’ (2013, p.1). While much of the discussion on South–South collaboration focuses on economic and trade benefits stemming from such partnerships, cooperation among Southern actors can also create important opportunities for people to build human capital, especially through the provision of education (Bakewell, 2009, p.55). However, the literature on South–South cooperation around education remains limited, and in particular few studies have explored South–South cooperation in the context of refugees' education. Fiddian-Qasmiyeh's book is a major contribution that seeks to address this gap.
Forgotten people: former Liberian refugees in Ghana
More than three years after the cessation of refugee status for Liberian refugees, the viability of the ECOWAS integration scheme implemented as a solution for those Liberians who continued to stay in Ghana is seen to be limited.
From returnees to citizens? The case of minority repatriations to Bosnia and Herzegovina
How can we explain the variation in reintegration outcomes of forced migrants at the local level after mass displacement? Examining the case of minority repatriations to Bosnia and Herzegovina, I argue that the loss of assets, such as land or housing, and some form of representation in local politics as a result of displacement are critical in answering this question. Large-scale displacement frequently entails seizing political and economic power from the displaced and concentrating it in the hands of a small elite. Based on field research in the municipality of Prijedor, I argue that reintegration thus essentially constitutes a process of redistributing political and economic power to the benefit of returnees. The key mechanisms of change facilitating reintegration that I identify in this study are intra-elite competition, international coercion, and an erosion of the dominating elite’s power base. The political-economy approach that I advance in this study has implications for both repatriation theory and policy. First, the introduction of a wider set of causal mechanisms furthers our understanding of the process of repatriation and why it takes place. Second, it cautions against assuming that eradicating the causes of flight and restoring some form of protection against their re-occurrence will suffice to facilitate reintegration after large-scale displacement.
Refugees’ Right to Work and Access to Labor Markets – An Assessment. Part II: Country Cases
For refugees, the right to work is vital for reducing vulnerability, enhancing resilience, and securing dignity. Harnessing refugees’ skills can also benefit local economic activity and national development. But there are many obstacles. Based on a sample of 20 countries hosting 70 percent of the world’s refugees, this study investigates the role and impact of legal and normative provisions providing and protecting refugees’ right to work within the 1951 Refugee Convention as well as from the perspective of nonsignatory states. Three metrics analyze the principle determinants of the right to work and labor market access: refugee and employment law, policies and practices that facilitate or constrain the right to work, and mediating socioeconomic conditions. Overall the study finds remarkable diversity in legal provisions and constraints on refugees’ right to work. A restrictive approach to the right to work prevails, and most states are reluctant to ease these restrictions. The majority of refugees work in the informal sector, but under much less satisfactory and more exploitative conditions compared with nationals. Informal labor markets are also constrained in countries with fragile economies which often host large numbers of refugees. Based on its findings, the study concludes that more national and international coordination is required, multiple actors should share in the responsibility to deliver decent work, labor market policies as well as training and education should be harnessed to support sustainable livelihoods, and refugee social capital should be more effectively engaged.
Refugees’ Right to Work and Access to Labor Markets – An Assessment. Part I: Synthesis
For refugees, the right to work is vital for reducing vulnerability, enhancing resilience, and securing dignity. Harnessing refugees’ skills can also benefit local economic activity and national development. But there are many obstacles. Based on a sample of 20 countries hosting 70 percent of the world’s refugees, this study investigates the role and impact of legal and normative provisions providing and protecting refugees’ right to work within the 1951 Refugee Convention as well as from the perspective of nonsignatory states. Three metrics analyze the principle determinants of the right to work and labor market access: refugee and employment law, policies and practices that facilitate or constrain the right to work, and mediating socioeconomic conditions. Overall the study finds remarkable diversity in legal provisions and constraints on refugees’ right to work. A restrictive approach to the right to work prevails, and most states are reluctant to ease these restrictions. The majority of refugees work in the informal sector, but under much less satisfactory and more exploitative conditions compared with nationals. Informal labor markets are also constrained in countries with fragile economies which often host large numbers of refugees. Based on its findings, the study concludes that more national and international coordination is required, multiple actors should share in the responsibility to deliver decent work, labor market policies as well as training and education should be harnessed to support sustainable livelihoods, and refugee social capital should be more effectively engaged.
Safe and voluntary refugee repatriation: from principle to practice
The article discusses the principles of voluntariness, safety, and dignity in the context of refugee repatriation. It begins by setting out the applicable legal framework, and discusses how that framework has been elaborated upon and refined since 1951. The article then discusses how the principles of voluntariness, safety, and dignity have, in practice, been applied (or, in a few unfortunate cases, ignored). After noting that we are now living in an era of protracted refugee emergencies, the article concludes with a number of recommendations regarding alternatives to repatriation and the conditions under which repatriation can take place without offense to the principles of voluntariness, safety, and dignity.
Non-refoulement as custom and jus cogens? Putting the prohibition to the test
Abstract: The norm of non-refoulement is at the heart of the international protection of refugees yet there remains a lack of consensus as to its status. In this contribution, we examine the question whether it has attained the status of a jus cogens norm. Adopting the methodology of ‘custom plus’ we first examine whether non-refoulement has attained the status of custom, concluding that widespread state practice and opinio juris underpin the view that it is clearly a norm of customary international law. Moreover, much of this evidence also leads to the conclusion that it is ripe for recognition as a norm of jus cogens, due to its universal, non-derogatory character. In other words, it is a norm accepted and recognised by the international community of states as a whole as a norm from which no derogation is permitted. The chapter then examines the consequences for its recognition as jus cogens, exploring some of the many ways in which jus cogens status may have meaningful implications for the norm of non-refoulement.
Choices, preferences and priorities in a matching system for refugees
We propose a 'matching system' that simultaneously gives refugees some choice over where they seek protection and respects states' priorities over refugees they can accept. Syrians fleeing the current conflict have been repeatedly told that they cannot ‘choose’ the state in which they seek long-term protection. In Australia, the idea that asylum seekers are ‘shopping’ for the best sanctuary forms a persistent part of the rhetoric around keeping them out. In these and other cases, the premise is that it is unjustifiable for refugees to be allowed some choice over where they seek protection. The consequence enshrined in the Dublin Regulation is that refugees may apply for asylum in only one European Union country. From the perspective of states, refugee flows are chaotic, unpredictable and widely regarded as socially disruptive and destabilising. Everyone recognises that the Dublin Regulation, which seeks to address this by placing the obligation to render asylum on the first EU country an asylum seeker reaches, is not fit for purpose. In parallel, there is an urgent need to design systems to overcome the political deadlock among European states over asylum.
Performing the human: refugees, the body, and the politics of universalism
This paper explores the conflict between the pervasive representation of refugees as the pure embodiment of humanity, and the continuing efforts to dehumanise them through various ‘othering’ strategies. Just as being human is an ever-unfolding process and not a static state of being, ‘refugeeness’ is a site of contestation where discourses regarding culture, society, economy, and politics constantly interact. Drawing on feminist and queer theories, this paper argues that the body is a vital site of identity construction, particularly with regards to the idea of humanity. Going beyond the existing literature on the relationship between ‘refugeeness’ and the body from an Agambean approach where the body is subjected to state control and discipline, this paper offers an alternative approach, that the body is not only subjected to discipline and regulation but also (re)produces, constructs, and resists ideas about identity and difference. Using three case studies of corporeal protests—naked protest, hunger strikes, and lip-sewing—this paper explores what these corporeal acts by refugees communicate as acts of resistance and attempts to reassert their humanity, and what role the body has in the construction and performance of humanity. The case studies prompt us to question our positionality in the ever-changing world; how our lives may be implicated in relations of violence; and how the body may offer a vehicle through which we can foster empathy and the capacity to shorten the distance between ‘the other’ and ‘the self’.
The Syrian Humanitarian Disaster: Disparities in Perceptions, Aspirations, and Behaviour in Jordan, Lebanon and Turkey
Abstract: Humanitarian assistance coupled with an unsustainable policy of regional containment have only created greater poverty and misery for Syrians fleeing civil war. How this has been allowed to happen on the southern shores of the Mediterranean – where extraordinary social linkages and networks have existed for centuries – lies mainly in the disparities between perceptions, aspirations and behaviour among refugees, practitioners and policymakers in Jordan, Lebanon and Turkey. This article highlights in particular three such disconnects: the a historical approach to engaging with displaced people in Jordan, Turkey and Lebanon, which has led to the implementation of international blueprints of humanitarian support that are disconnected from people’s needs; the imposition of an encampment policy at odds with displaced people’s need for temporary settlement enabled through their own social networks; the redundancy of humanitarian practitioners’ background and experience in dealing with the particularities of displaced populations in the Eastern Mediterranean, and the failure to build on practices that work.
Victoire in Kigali, or: why Rwandan elections are not won transnationally
ABSTRACT This article brings together the literature on ‘electoral authoritarian regimes’ with the sub-fields of diaspora studies and transnationalism to evaluate the potential of political parties in exile to be forces for positive change in Rwanda. With this in mind, the article asks one simple question: is the participation of the Rwandan opposition in exile in electoral processes back home likely to be a positive force for change? It concludes that, in Rwanda at least, elections cannot be won transnationally. As such, those hoping for a more democratic Rwanda should look elsewhere. Operating in a transnational space appears to make life harder for the opposition, but not the Rwandan state. Further, the division, inconsistency, sudden shifts, splits, and volte-face of Rwanda’s diasporic opposition is produced, at least in part, by the competitive authoritarian nature of Rwanda. What the Rwandan case reveals, then, is at least one instance where unfair elections do not make future liberalisation more likely.
Micro-finance in refugee contexts: current scholarship and research gaps
Strengthening refugees’ livelihoods and supporting their economic self-reliance is one of the most pressing and daunting challenges in the forced migration arena. Most refugees are obliged to become ‘entrepreneurs’ due to the dearth of formal employment opportunities in their place of asylum, underscoring the importance of financial assets (Jacobsen 2005). UNHCR (2011a) recognises that access to financial capital is a vital element in the pursuit of self-reliance for refugees and highlights the crucial role of micro-finance in providing access to credit and loans for refugees, who are usually excluded from mainstream financial services. Compared to more conventional humanitarian hand-outs, the provision of financial services to refugees is viewed as a more dignified way of assisting displaced populations, and one that empowers people to engage in their own income-generation activities (Azorbo 2011). Thus, the UN refugee agency now situates micro-finance as part of its comprehensive livelihood support strategy for refugees (UNHCR 2011a). The field of micro-finance and poverty reduction has generated a substantial body of knowledge and best practices for the design, implementation and assessment of micro-credit and other loan programmes. However, developing successful micro-finance interventions for refugees necessitates a reflection on the specific characteristics and situations of refugee populations (Nourse 2004). Although literature on micro-finance in international development has been well-developed, little is known of the success and failure of these financial programmes for refugee populations (Bagula 2011). Furthermore, despite the widespread use of financial terminology in the field of forced migration, the actual conditions that enable entrepreneurs – refugee and otherwise – to successfully form enterprises have been largely ignored in development literature, including in field manuals for practitioners. Against this backdrop, this paper surveys the existing literature on the use of micro-finance with refugee populations in the Global South and identifies some gaps in current scholarship. Both authors have worked as researchers and practitioners in forced migration and possess extensive experience running and evaluating micro-finance programmes for refugee populations in the Global South. Thus, the paper also draws upon our personal observations and field experiences regarding micro-finance assistance.
Humanitarian dilemmas in a mobile world
This special issue of Refugee Survey Quarterly presents the experiences of front-line staff in Médecins Sans Frontières (MSF) as they grapple with the implications of the global refugee crisis. Over the past 18 months, hundreds of thousands of people have moved from Africa and the Middle East to Europe, generating widespread media attention and considerable political wrangling. But for aid workers, this situation raises questions that get to the very heart of humanitarianism and its purpose in the contemporary world. How does an organisation like MSF, the pioneer of “sans-frontierism”, engage with the shifting politics of borders and migration? What, practically, does it mean to be a “borderless” organisation in a world where migration controls are such a big political issue? What are the implications of the refugee crisis for humanitarian principles and medical care? This introduction to the special issue brings some humanitarian dilemmas into focus, arguing that, in reaction to the migration crisis, aid agencies may have no option but to take a more robustly political approach.
Humanitarian neophilia: the ‘innovation turn’ and its implications
This paper critically examines the ‘humanitarian innovation’ movement, arguing that it represents a departure from classical principles and the entry of a distinctive new ideology into the sector. Labelling this ‘humanitarian neophilia’, the paper argues that it has resonances of Barbrook and Cameron’s ‘Californian Ideology’, with its merging of New Left and New Right within the environs of Silicon Valley. Humanitarian neophilia, similarly, comes from a diverse ideological heritage, combining an optimistic faith in the possibilities of technology with a commitment to the power of markets. It both ‘understates the state’ and ‘overstates the object’, promoting a vision of self-reliant subjects rather than strong nation-states realising substantive socioeconomic rights.
Refugee voices: exploring the border zones between states and state bureaucracies
Settled people have been forced to move and nomads have been coerced into settling for as long as there has been history. Until the emergence of the Westphalian concept of the nation (where the state corresponded to the nation, groups of people united by language and culture), movement and mobility were largely recognized and accommodated. However, most contemporary academic disciplines as well as public institutions adopt a particular sedentist perspective on the nation-state. It is commonly recognized that people are displaced and move when political states collapse; they return when political security is restored. The liminal “state” outside the defined territory of the nation-state, where the displaced are found, is regarded as a threat to the world order.1 Predominant theory has been that people must be tied to territory, and thus the durable policy solutions advanced are frequently about resettlement. Reality does not support either current forced migration theory or humanitarian aid practices, however, and an epistemological change in thinking about forced migrants is urgently required. This means looking beyond the nationstate— the purview of most academic work in this area— and beyond traditional barriers between disciplines, to give cross-disciplinary attention to the self-expressions and experiences of forced migrants. Furthermore, the forced migrant creates a dilemma in how aesthetic expression is displayed, as their forms of expression cannot be squarely identified with one state or another. The dispossessed and displaced are changed by their experiences in the grey zones between states, and their migrations cannot be neatly catalogued as belonging to one state or culture.
Human rights and forced migration
Chapter 18 in the book Human Rights: Politics and Practice. In this book, edited by Michael Goodhart, a team of international experts combine the latest theoretical developments with unrivalled coverage of the practical and political dynamics of human rights. Throughout the text, helpful features support students' learning, challenging them to think critically and to question their own assumptions.