Migration:
State Security Vs Human Rights Across Borders
Some Questions
What is migration?
What is the relationship between migration, Human
rights and state security?
Migration:
A Brief historical overview
Periodising Migration
o Homo-sapien migration
o Early sedentary migration. 15,000 – 5000
BCE
o Mediterranean/Asia axis
o 1400-1600
What is
o 1600 – 1800 - expansion of
interlocking processes Globality?
o 1800-1950s
o Late 20th – 21st Century
European Emigration & Reasons
Post – 1492 & Colonial Era
Americas 1. Indentured labour- 25%
pre-1820
Australia
2. Free:
Pacific Islands a. fleeing persecution
b. fleeing economic hardship
Modern African Emigration
Capitalism & migration:
Atlantic slave trade – minimum10mil. Africans
pre- 1820
Destruction of Africa – wars, depopulation,
demographic gender inbalance, social & political
instability, etc.
Costs & Benefits of Euro. emigr. up to 1919
Reducing land press.
Descimation of
Spread of food indegeneous peoples
sources
Spread of diseases
Re-distributing labour
Escape from persec. Colonisation (?) &
racism
Exchange of ideas
Migration:
Significance of Post-1919
What is Migration?
“A process of moving, either across an
international border, or within a State. It is
a population movement, encompassing any
kind of movement of people, whatever its
length, composition and causes; it includes
migration of refugees, displaced persons,
uprooted people, and economic migrants.”
(Perruchoud, p.41)
Contemporary types of migration
Meaning
Transnational 1.Transgressing Nation-
state borders
Intra-national 2.In/justice/opportunity
Continuum (?)
Emergence of the Nation state
Cartography, colonies & state borders (19-20th
century)
Nationalism, nations & passports (Post-1914)
Theorising Contemporary
Migration:
Post-45
Theorising Migration Flows
Instrumentalist meanings
o Forced/Impelled o Chain migr.(Trump)
o Circular/Return o /InVoluntary
o Temporary/Perm. o Push/Pull factor
o Step migr. o Seasonal
Theorising Migrants
Instrumentalist meanings
o Refugees oIllegal
o Internally Displaced oUn/doc.
Persons
o Workers/Labour oIr/Regular
Transnationals &Transnationalism
Theorising Reasons for Migration
o Push o Pull
Evironmental/natural Brain drain/
disaster
Brain gain -"reverse
Political – civil unrest/war brain drain".
Economic - employment
Theorising Reasons for Migration
Political - Security (Civil unrest/War, persecution, etc.)
Economic – un/employment
- Poverty/regional differentials in wealth
- human and economic exchange/
services
Environmental disasters - Droughts/famine/Floods, etc
Cultural – relig. Persecution
Economic Migration:
Globalisation issues/questions
Sources(?) of economic migration
Trade liberalisation
sourcing industrial
production Production of
Regional Inequalities
Production subsidies -
Regional farming,
health care, Education, etc
2007-18 Employment, etc Trends
ILO (2017) World Employment and Social Outlook: Trends 2017
Geneva: International Labour Office
Report:
http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/d
ocuments/publication/wcms_541211.pdf
See, Table 1, page 6
The Numbers
2009: 200 million people (3% of 6.5 billion)
2010: 214 million (3%) UNFPA
2013: 232 million
2009: 14.2 million – are refugees
2011: 10.5 million UNFPA
2009: 24.5 million - are IDPs:-
9.2 million (Asia - refugees & IDPs)
18.1 million (Africa - refugees & IDPs)
Opportunities & Challenges: Destinition
Immigrant: Host country/comm.
Security Security (Provision
(safety/challenge) of/challenge) –
-political/ economic/ trafficking/slavery,
cultural, etc drugs networks, etc
Expanding the
Employment economy – skills
Cultures
Culture
Geneva Convention:
Challenges of State Security vs Human Rights
Refugee
o1951 Convention Relating to the Status of Refugees &
Protocol 1967 Resolution 2198 (XXI)
o2007/08/01 - 147 States Parties
Terms of R. Status
Refugee is a person who,
“owing to wellfounded fear of being persecuted for
reasons of race, religion, nationality, membership of
a particular social group or political opinion, is
outside the country of his nationality and is unable
or, owing to such fear, is unwilling to avail himself of
the protection of that country; or who, not having a
nationality and being outside the country of his
former habitual residence as a result of such events,
is unable or, owing to such fear, is unwilling to return
to it.”
State obligations to Refugees
o Issue travel and identity papers to R.
o ”unity of the family, the natural and fundamental
group unit of society”
o Provision of welfare services to R.
o Offer special protection to those fleeing from
persecution.
The European Union
&
Dublin I, II & III
The Dublin Regulation (I, II & III)
• Dublin Convention, 1990 (effective, 1997)
Migrants must seek asylum in the first country of
arrival.
• Dublin Regulation II, 2003
• Dublin III Regulation (Regulation 604/2013) –
effective 2014
Dublin Convention
Art 3(2).
“That application shall be examined by a single
Member State, which shall be determined in
accordance with the criteria defined in this Convention.
The criteria set out in Articles 4 to 8 shall apply in the
order in which they appear. “
Art 3(3): “That application shall be examined by that
State in accordance with its national laws and its
international obligations”
Dublin Regulatin II
(15) “The Regulation observes the fundamental rights
and principles which are acknowledged in particular in
the Charter of Fundamental Rights of the European
Union (3). In particular, it seeks to ensure full
observance of the right to asylum guaranteed by Article
18.”
Basis and EU Policy Concerns
Euro-pact conditions for legitmating asylum 2008
Labour needs
immigration &
*Demography
*Resources for home countries
*Organised legal migration
*Control of illegal immigration
*Partnership with countries of origin, transit and destination.
*Concern for social threat to cohesion (unrest)
EU Securitizing migrants
1. FRONTEX – EU border control agency to deter
migrants
2. Satellite Systems “Sea Horse system” to track
migrants
3. Agreements with supply Portals – Senegal,
Morocco, Libya, etc
4. Financial incentives – 10-12 Nov. 2015 EU/Africa
Malta Conference
Frontex, Seahorse
How do these challenge Non Refoulement?
How does the EU determine migrants cases at sea?
EU-Third Party Agreement
The crux:
Prevent entry of migrants into EU
Return so-called ‘illegal migrants’ back to their
countries of origin
Turkey (2015)
EU-Third Party Agreement
Theoretical issue - Externalising migration policy
How does the EU determine that migrants are ’illegal’
when they have not set foot on EU territory yet?
Is the EU equivalent to a nation-state?
How come the EU signs an agreement with a country not
signatory to Geneva convention & the Protocol?
Violations of HR in Third Party countries
Libya:
•Arrest
Who should
• detention
be held to
•torture account?
•ill-treatment
•Refoulement
• racism
Around 300 immigrants aboard a small fishing boat were
intercepted by the French navy in the Mediterranean Photo:
AFP/GETTY
Source:
http://i.telegraph.co.uk/telegraph/multimedia/archive/00998/african-immigrants_99
Post WW 2 Immigration
1945 – 1970s
Migration circumstances
Migrants conceived of as LABOUR:
Reconstruction of Europe
1.Germany – signed and invited Turks
2.France – from former colonies (Algeria)
3.United Kingdom – from its former colonies
Post HMT Empire Windrush generation
1948 - 1971
Arrived at Tilbury Docks, Essex, on 22 June 1948
Windrush Generation Total before 1971
Jamaica 15,000
India 13, 000
Others 29,000
1971 Immigration Act – Leave to remain for all
Commonwealth migrants
Later problem of Windrush
Why were the landing cards of the Windrush
destroyed in 2010?
Why was the immigration law changed in 2012
to exclude them?
Is there a connection between ethnic demographics and
‘persecution’ of Windrush?
Can we explain their problems in racial terms? How?
Migrants in Europe 2006
Country(1) 2006 (2)
Germany 7,287,980
Spain
3,371,394)
France
3,263,186
Italy 3,150,000 (equal to Italian
emigs.)
Britain 2,857,000
European Emigration
Year Emi.Country Im. Country
1) 1854 – 2 mil. Ireland of ¼
USA
Germany
2) 1848-58 – 1mil. USA
3) 1890-1900 - Italy
USA
655,888
55 million Europeans emigrated between 1850 and
1914 alone
(Source: Beath, in Goldin, 2007, p. 151)
SUMMARY
Responsibility for migrants HR
”Migration challenges a foundational
assumption of international human rights
law, namely, that the primary, and often
exclusive, responsibility of protecting and
implementing ”universal” human rights
lies with the state of which one is a
national” (Donnelly in, Brysk, 2002: 230-231)
Problematic Issues in Migration
Management of human mobility
The nation-state security Vs human rights
Re-distribution and management global resources -
regionally and nationally
The state
State is almost sole legal authority on immigration law
No requirement on states to recognise indivisibility of
HR
Decision about extending citizenship to migrants is
state prerogative (?)
References
Brysk, Alison(ed.) (2002). Globalization and Human Rights. Berkeley, Los Angeles & London: University of California
Press.
Cattaneo, Cristina & Peri, Giovanni (14 November 2015), Migration’s response to increasing temperatures. VOX
CEPR's Policy Portal, Link: http://www.voxeu.org/article/migration-s-response-increasing-temperatures
Diamond, Jared, 1997. Guns, Germs, and Steel. New York: Norton. (Youtube film based on book)
Diamond interview: http://www.pbs.org/gunsgermssteel/about/interview.html
Goldin & Beath, Andrew L. (2007), ‘Migration’ in, Ian Goldin & Kenneth Reinert, Globalization for Development:
trade, finance, aid, migration, and policy. New York: A co-publication of the World Bank and Palgrave Macmillan.
Goldin, Ian et al. 2011. Exceptional People: How migration shaped our world and will define our future. Princeton &
Oxford: Princeton University Press.
Katerina Lisenkova, 10 January 2014, “The long term economic impacts of reducing migration”. VOX CEPR's Policy
Portal, Link: http://www.voxeu.org/article/long-term-economic-impacts-reducing-migration
Lucy Rodgers & Maryam Ahmed, Windrush: Who exactly was on board?, BBC, 27 April 2018
Link: https://www.bbc.com/news/uk-43808007
Rienzo, Cinzia, 01/12/2016 Briefing - Migrants in the UK Labour Market: An Overview.
www.migrationobservatory.ox.ac.uk
Migration Laws & Links
Bradshaw Foundation: http://www.bradshawfoundation.com/journey/
Dublin Convention: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:41997A0819(01)&from=EN
Dublin II: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32003R0343&from=EN
Migration Policy Institute: http://www.migrationpolicy.org/
International Org. for Mig.: http://www.iom.int/cms/en/sites/iom/home.html
UNPop.Fund: http://www.unfpa.org/pds/migration.html
http://www.iom.int/cms/en/sites/iom/home/about-migration/world-migration.html
Uppsala Conflict Data Programme
http://www.ucdp.uu.se/gpdatabase/search.php
Further Reading & Links
o European Pact on immigration & Asylum http://register.consilium.europa.eu/pdf/en/08/st13/st13440.en08.pdf
The Journal of Humanitarian Assistance - http://jha.ac/
World Report 2009 - http://www.hrw.org/sites/default/files/reports/wr2009_web.pdf
Domestic workers convention 2011 http://www.hrw.org/sites/default/files/related_material/The%20Domestic
%20Workers%20Convention%20%20Turning%20New%20Global%20Labor%20Standards%20into%20Change%20on
%20the%20Ground.pdf
Professor Ian Goldin, director of the Oxford Martin School, University of Oxford: on migration
http://www.youtube.com/watch?v=sdyIwrjgxs4
EU-Cape Verde : http://eeas.europa.eu/cape_verde/docs/2012_joint_communique_eu_capeverde_en.pdf
