13,566 research outputs found
The Ethics of Resisting Deportation
Can anti-deportation resistance be justified, and if so how and by whom may, or perhaps should, unjust deportations be resisted? In this paper, I seek to provide an answer to these questions. The paper starts by describing the main forms and agents of anti-deportation action in the contemporary context. Subsequently, I examine how different justifications for principled resistance and disobedience may each be invoked in the case of deportation resistance. I then explore how worries about the resisterâs motivation for engaging in the action and their epistemic position apply in the specific context of anti-deportation action and consider in what circumstances there is not merely a right but a duty to resist deportation. The upshot of this argument, I conclude, is that the liberal state ought to respond to anti-deportation action not by criminalising disobedience and resistance in this field, but rather by creating legal avenues for such actors to influence deportation decision-making. DOI 10.17879/95189423213
The EU's dialogue on migration, mobility, and security with the Southern Mediterranean: filling the gaps in the global approach to migration. CEPS Liberty and Security in Europe, June 2011
Recent events in North Africa and the Mediterranean have had consequences in terms of human mobility,
and are putting the foundations and components of EUâs migration policy under strain. The forthcoming
European Council summit of 23-24 June 2011 is expected to determine âthe orientations for further workâ
under the Polish Presidency and the next JHA Trio Presidency Programme for the EUâs policies on crossborder
migration in the Mediterranean and internal mobility within the scope of the Schengen regime.
This paper constitutes a contribution to current and future EU policy discussions and responses on
migration, mobility and security. It provides a synthesised selection of recommendations in these domains
resulting from the research conducted by the Justice and Home Affairs (JHA) Section of the Centre for
European Policy Studies (CEPS) during the last nine years of work.
This Policy Brief argues that for the EUâs Global Approach to Migration to be able to satisfactorily address
its unfinished elements and policy incoherencies, the Union needs to devise and develop common policy
strategies focused on: first, new enforcement and independent evaluation mechanisms on the
implementation of the European law on free movement, borders and migration, and the compatibility of EU
member states and EU agenciesâ actions with the EU Charter of Fundamental Rights. And second, the
development of a kind of cooperation (dialogue) with third states that goes beyond security-centred
priorities and that is solidly based on facilitating human mobility, consolidating fundamental rights and the
general principles of the rule of law upon which the EU legal system is founded
Recommended from our members
Irregular migration in senegal faith, dreams and human smuggling through the desert and sea
The paper provides a bottom up view on human smuggling facilitation and the rationale behind extremely high-risk and complex irregular migration journeys from the Kolda region of Senegal across the Sahara and through the Atlantic sea. Interviews with aspiring, returned and deported migrants as well as smugglers and their associates provide insights into the organization of migration facilitation and how this is sustained in the current policy context. The research highlights the role of religious beliefs in preparing for and interpreting the experiences of harrowing journeys with a high risk of harm and death. The study also sheds light on hitherto under-recognised gendered aspects of the infrastructure of migration facilitation in Kolda: while migration is male dominated, women play a critical role in enabling migration by mobilising religious and financial support. The paper also discusses the differences in the social constructions of male and female migration and the differences in their social relations with smugglers and other actors involved in facilitating irregular migration. In conclusion the authors suggest that there is a need to revisit migration policies that are based on dissuading migrants through risk-awareness campaigns and heightened controls towards policies that address global structural inequalities that drive migration; develop a more accurate understanding of personal and family aspirations for change; create more opportunities for legal migration; initiate discourses on culturally sensitive topics such as female migration and failed migration, and the role of Islamic spiritual leaders (Marabouts)
Harnessing Migration for Inclusive Growth and Development in Southern Africa
The primary goal of this study is to present the results of a comprehensive scope of key opportunities and challenges for harnessing migration for inclusive growth and development at the regional level in Southern Africa. The main objectives were as follows: Provide an overview of regional migration stocks and flows identifying regional trends, drivers and impacts from existing research literature and official data; Profile migrant characteristics at the regional level including demographic composition, types of migration and occupational profile; Examine the relevance of multilateral, continental and regional migration instruments, policies, protocols, agreements and forums with a view to identifying actions required to move the regional migration management agenda forward and align with the goal of enhancing migration for inclusive growth and development in Southern Africa; Analyze the key initiatives, opportunities and obstacles to developing a coherent, integrated and rights-regarding approach to migration management including areas of common commitment and ownership, and points of actual and potential conflict and disagreement between states; Conduct a gender analysis of regional migration dynamics including gender dimensions of migration, challenges, dangers and vulnerabilities confronting migrant women and other vulnerable groups, and gender analysis of migration management in Southern Africa; Identify potential programming areas that are weak or underdeveloped.
The report relies on data and information from four main sources: (a) existing research literature and data on regional migration dynamics and trends in Southern Africa; (b) official data sources, where available, to identify current patterns, trends and types of migration; (c) bilateral global migration data sets compiled by the UNDP and the World Bank; and (d) a programme of field research involving key informant interviews and consultations with stakeholders, international organizations and donors, national government departments, and representatives from civil society, business, labour and the academy. Country visits were undertaken to South Africa, Mozambique, Botswana and Zimbabwe. A total of 60 interviews were conducted with 86 interviewees.
The first two sections of the report outline the objectives and methodology of the research. The third section provides a contextual analysis of regional migration in Southern Africa to demonstrate that migration is a quintessentially regional issue and development challenge. There are a number of reasons why a regional â as opposed to a purely national â conceptual and policy approach to migration is desirable and necessary: Cross-border movements of people have a long history and constitute one of the major mechanisms of regional integration in Southern Africa (along with trade and investment). Goods and capital move relatively freely and legally across the region but people still face considerable obstacles and barriers to movement; Vast differences in levels of development and employment opportunities across the region have led to extremely uneven migration flows. All countries both send and receive migrants but the balance between the two varies significantly. Zimbabwe was a major destination before 2000 but has since become the regionâs single largest exporter of migrants. South Africa is the major destination; Temporary, circular migration is the norm in the region with migrants retaining close ties with home countries and communities through formal and informal transfers of cash and goods in the form of remittances. In effect, migration and remittances have become a major source of development finance across the region; The majority of migration movements within and to the Southern African region fall into the category of South-South migration. This form of migration, from one developing country to another, can have positive and simultaneous development impacts on both countries of origin and destination; From a migration management perspective, regional organizations have recognized the importance of regional harmonization and co-ordinated action. However, governments have been slower to recognize the reality of regional migration, leading to a disjuncture between initiatives to facilitate movement and co-ordinate migration for development at the continental and regional level, and national governments that tend to view migration negatively and avoid any binding commitment to regional migration processes and instruments.
The analysis of migration trends and flows distinguishes between (a) migration within the Southern African region from one country to another; (b) migration to Southern Africa from other countries, especially the rest of Africa; and (c) migration from Southern Africa to other parts of the globe. Each has implications and opportunities for harnessing migration for development and inclusive growth. For example: All of the countries of Southern Africa host some migrants, with the major migration destinations being South Africa, Zimbabwe, the Democratic Republic of the Congo (DRC), Tanzania, Mozambique, Malawi and Botswana. All are also migrant-sending countries with the major intra-regional senders being Mozambique, Zimbabwe, Lesotho, Malawi and Angola. Even South Africa sends migrants to other countries in the region. In policy terms, this means that although many countries are threatened by what they view as an uncontrolled influx of migrants, they are themselves also migrant senders and beneficiaries of out-migration to other countries. Migration flows within the region have undergone major changes in the last two decades, including a significant decline in forced (refugee) migration, an equally significant increase in migration for economic and livelihood reasons, more diversity in flows including increasing female and youth migration, a decline in formal contract migration to South African mines, and a concomitant increase in unregulated, informalized migration across borders. Data and reliable information on all of these trends and their drivers are largely absent. In total, 53% of all Southern Africa-born migrants are living outside the region. The five major sending countries are South Africa, Zimbabwe, Angola, the DRC and Mauritius. The five major destinations are the United Kingdom, Australia, France, the United States and Portugal. Shared histories and common languages have resulted in the emergence of migration corridors that include South Africa-UK, South Africa-Australia, Angola-Portugal, Zimbabwe-UK and Madagascar-France. The majority of migrants who leave the region are relatively skilled, leading to claims that countries of destination are responsible for a âbrain drainâ from the region. This argument has largely been replaced by the realization that these migrants are actually a resource with a potentially strong development role to play.
Against the backdrop of complex and shifting migration patterns and flows, the report identifies key development-related implications of these migration trends and characteristics and presents relevant information and data on each. This provides substantive context and a link to the programming recommendations later in the report. The five areas are: (a) gender and migration; (b) migrant rights and protections; (c) migration and remittances; (d) migration and informal entrepreneurship and (e) diasporas for development. Although the available information on each area is uneven across the region, evidence is marshalled to suggest that each offers important opportunities for meeting the overall goal of harnessing migration for development and inclusive growth. These areas are united by a focus on the importance and development implications of womenâs migration. The major findings from the analysis of these five areas include the following: Southern Africa is undergoing a process of feminization of migration with increased independent womenâs migration. The number of female migrants in SADC is now over 2 million. In the major destination country (South Africa), the proportion of female migrants has reached 40% of the total. Gender-disaggregated data on migrant flows and occupations is generally unavailable, although South African data suggests that a migrant woman has only a 56% probability of being employed compared to a migrant man. There is a growing body of case-study evidence on informal temporary migration and the low wage regime and exploitative conditions in sectors such as construction, illicit mining, commercial agriculture and domestic work. For those migrant women who are employed, many are engaged in precarious livelihoods. Some are employed in potentially exploitative conditions with weak oversight or protection of their labour rights, for example as domestic or agricultural workers. Others are engaged in inherently precarious informal occupations such as trading, hair braiding and other beauty services, or craft production and sales, often conducted in unsafe spaces. Related to their precarious working and living conditions, female migrants experience gender-based violence and other health vulnerabilities. Poor treatment of female migrants on the way to and at the workplace exercises an extremely negative impact on the migrants themselves and their households, and is also antithetical to development and inclusive growth in their home countries. Low wages and other forms of financial extortion, for example, significantly reduce the remitting ability of migrants. Precarious employment in the agricultural and domestic service sectors is highly gendered with female migrants being most vulnerable to exploitation by formal and informal labour brokers and recruiters, employers and the authorities (especially the police). There is considerable evidence that remitting is an extremely common practice in Southern Africa. However, much remitting is through informal channels, and accurate data on remittance flows at the regional level is not available. The World Bank calculates that remittance flows to the countries of Southern Africa reached USD1 billion in 2014. Only a third of remittances to Southern African countries come from other countries within the region. Over two-thirds of remittances to Southern African countries therefore come from outside the region. Globally, female migrants send approximately the same per capita amount of remittances as male migrants but women tend to send a higher proportion of their income. Women also usually send money more regularly and for longer periods of time than men. In Southern Africa there is some evidence of distinct gender differences in remitting amounts, frequency and means of remitting, remittance recipients and use of remittances. This suggests that data, research and policy-making on migration and remittances needs to be gender-disaggregated. The number of migrants running small and microenterprises or being employed by these businesses is considerable in towns and cities across the region. In South Africa, as many as one-third of migrants are self-employed in the informal economy. Surveys of migrant entrepreneurs show that the sector is dominated by young people and that women occupy particular niches. Informal business owners have positive development impacts in countries of destination and origin through remittance of business profits, generating employment, rental of business properties, providing cheaper services, supporting formal sector businesses and payment of operating licences to municipalities. The major challenges to business survival and expansion include difficulties of securing start-up capital and business loans from formal financial institutions, especially banks; lack of basic business training and skills; exclusion from formal banking systems; vulnerability to xenophobic attacks and destruction of stock and businesses premises; and hostile operating environments including official harassment, extortion and demands for bribes or protection money. While many governments are developing plans and policies for diaspora engagement, an important information gap concerns the attitudes of diasporas themselves to engagement in development-related activities and initiatives in their countries of origin. A study of the global Zambian diaspora showed that most are interested in making private investments in Zambia, with the greatest sectoral interest in agriculture/horticulture, import/export, manufacturing, tourism and transport. Many expressed interest in contributing to development projects in Zambia related to education, healthcare, infrastructure development, childcare and microfinance initiatives. A study of immigrants from the SADC in Canada found that many felt they have an important role to play in developing their countries of origin. The majority remit money to their country of origin. Preferred avenues of engagement include skills transfer, investing in businesses, participation in development projects, educational exchanges, volunteer work, fundraising for development projects, philanthropy, export and import of goods to and from the country of origin, investing in infrastructural development and providing distance learning. Others specifically mentioned their desire to be involved in activities that would lead to greater empowerment for women and children.
The next section of the report examines the policy implications of the information about migration flows and development implications provided in the previous section. There was a considerable degree of unanimity among the stakeholders interviewed for this study on the importance of seeing migration as a regional development issue requiring a co-ordinated regional response in Southern Africa. There was some expectation of a difference in opinion between regional and national stakeholders. However, many of the latter were also willing to acknowledge that migration was not purely an issue of national importance. Where they differed was on who should be driving the agenda: national governments or regional bodies.
In principle, there is significant awareness among SADC member states about the need to strengthen efforts aimed at harnessing migration for inclusive growth and development. In practice, little progress has been made on mainstreaming migration and development at the national or regional policy level. Regional efforts to forge a common approach to migration appear promising but, while states appear willing to make initial commitments to agreements, instruments and initiatives, they are generally unwilling to ratify and implement anything that appears to infringe on their national sovereignty or the perceived interests of citizens.
At the regional level, there is a paucity of instruments that focus directly on migration and development. An evaluation of the SADC Secretariatâs Regional Indicative Strategic Development Plan (RISDP) has concluded that âthe relationship between migration and poverty is under-represented in the planâs proposed intervention areas and only addressed in a partial and circumscribed manner.â Freedom of intraregional movement has been a principle of the SADC since its foundation, although this is not explicitly tied to positive development outcomes. Despite this objective, unfettered free movement is very far from being a reality. The Secretariat has had no success in getting all member states to ratify its two major regional mobility policy initiatives: the 1995 Draft Protocol on the Free Movement of Persons and the 2005 Protocol on the Facilitation of Movement of Persons. Greater regional mobility initiatives are trumped by national immigration policies focused on movement control.
SADC member states prefer to act bilaterally in their dealings with each other on migration through instruments such as Joint Permanent Commissions (JPCs) and Memoranda of Understanding. At the level of individual member states, the mandate and expertise required for, and resources devoted to, migration management is often limited to routine and operational capacity requirements, as opposed to a more strategic approach in which migration management is an essential component of development objectives.
Little discernible progress has therefore been made with regard to the implementation of a free movement regime by the SADC Secretariat. In part, this is because there is very little data or analysis on exactly what the impact of removing border controls in the region would be. In many ways, the SADC is already a de facto free movement zone and the removal of controls would not have a massive impact on migration flows. What it would do is provide legal channels for those who want to migrate, reduce the opportunities for personal enrichment by corrupt state functionaries on both sides of borders, eliminate current high levels of corruption and abuse in the immigration system and reduce the exploitation of migrants who enjoy few rights and protections. However, free movement is likely to remain politically unpalatable to most states for the foreseeable future.
One of the key components of inclusive growth strategies is poverty reduction through productive and decent employment. Given the high levels of poverty and inequality throughout Southern Africa, it is important to view migrant employment rights as an integral part of the inclusive growth agenda. The SADC Secretariat has made various efforts to put in place instruments that commit member states to protecting the rights of migrant workers. A recent study for the United Nations Research Institute for Social Development (UNRISD) examined the issue of migrant protection and rights in the Southern African region as a whole and identified the various regional-level commitments to protecting migrant rights and the obstacles to their implementation.
This report examines various instruments including the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Charter of Fundamental Social Rights in SADC, the SADC Code on Social Security, ILO Conventions 87, 100, 111 and 182, the Convention Concerning Decent Work for Domestic Workers (Domestic Workers Convention), the SADC Protocol on Employment and Labour, and the SADC Regional Labour Migration Policy Framework and concludes that, as with the effort to implement freedom of movement, ratification and implementation are proving problematical as few member states are willing to ratify the appropriate instruments. A gender analysis of the various African Union (AU) and SADC strategic instruments shows that gender and migration issues feature only in piecemeal fashion.
Regional-level instruments, polices and protocols do exist, but these are barely enforced and national laws and institutions take precedence. The persistent limitations of migration governance on the continent are recognized as an obstacle to regional and continental poverty reduction. Furthermore, policies and instruments to protect migrant and gender rights are implemented within a difficult social and political context in which xenophobic and patriarchal attitudes persist. In sum, there are many challenges in advancing gender-sensitive, rights-based migration governance in the SADC region. The scale, complexity and diversity of migration, combined with incomplete and inconsistent data, make it difficult to measure and monitor the gender composition of migrant flows and stocks, or to understand the particular contributions and vulnerabilities of female migrants. A dual focus on empowerment and protection should guide programming and policy development on gender and migration in the region.
The final section of the report makes specific recommendations for a future regional programme on harnessing migration for development and inclusive growth. Given the lack of progress at regional and national level in advancing a migration and development agenda, we argue that programming should focus on âdemonstrationâ projects that provide clear evidence of the development impacts of migration for countries of origin and destination. These projects could then be scaled up. In order to establish priority entry points, the report does three things: Presents the results of the stakeholder perceptions of priorities in which knowledge and information gaps were a recurrent theme; Analyzes and categorizes the recommendations for making migration work for development in the SDGs, the Valetta Accord and various AU and SADC agreements, protocols and instruments; Develops a Programming Framework (PF) consisting of 10 core migration and development issues and 27 associated potential entry points; and
This analysis leads to the identification of five major entry points in the programming framework under the general rubric of a recommended programme on Gender and Migration for Development and Inclusive Growth in Southern Africa. For each point, the report provides a detailed rationale, examples of similar programmes and likely outcomes. In summary, the five recommended entry points are as follows: Entry Point One: Building a Gendered Knowledge Base on Migration. One of the recurrent themes in the stakeholder interviews was (a) the limited public availability and utility of official data on migration; and (b) the lack of knowledge about regional migration causes, volumes, experiences and impacts. A common failing of official data and the case-study research literature is the absence of systematic and generalizable information on the gendered nature of migration. In order to provide detailed, policy-relevant, gender-disaggregated data on migration and its development impacts, a different methodological approach is needed. There is a need for the collection of national migration data at the household level in countries
Managing Mobility for Human Development: The Growing Salience of Mixed Migration
In the analysis of migration a basic distinction is often made between those who chose to move and those who are forced to â that is, between âvoluntaryâ and âforcedâ migrants. This distinction is maintained in the policy world, where the governance of international migration is shaped by the conceptual distinction between âvoluntaryâ and âforcedâ migration as mutually exclusive categories. In reality of course the distinction is far from clear-cut. Migration can be âmixedâ in several senses: motivations may be mixed at the point of making the decision to move, when there are often combinations of choice and compulsion in play; people may travel with others in mixed migratory flows; motivations may change en route; and people may find themselves in mixed communities during their journeys or at their destination. This paper explores the connections between mixed migration and human development, understood as the expansion of capabilities and choice (Sen 1999). It first clarifies some of the key concepts in the migration discourse, particularly the role of choice and compulsion in migration, before exploring the emergence of the notions of âmixed migrationâ and the âmigration-asylum nexusâ in the policy arena. The paper then turns to some of the manifestations of âmixed migrationâ and the conditions migrants encounter in such migration streams. It next considers how mixed migration and migration policies â or âmigration governanceâ -- encounter one another. Finally, some policy conclusions are drawn from the evidence presented, pointing to the idea that the transnational practices that arise from mixed migration may constitute a âdurable solutionâ in settings of conflict and displacement.mixed migration, force and choice, refugees, migration policy, development
No. 23: Labour Migration Trends and Policies in Southern Africa
Since 1990, there have been major changes to longstanding patterns of intra-regional labour migration within the Southern African Development Community (SADC). At the same time, new channels of migration to and from the region have opened. Labour migration is now more voluminous, dynamic and complex than it has ever been. This presents policy-makers with considerable opportunities and challenges. In order to understand the exact nature of these challenges, it is important to have a good grasp of current labour migration characteristics and trends. Unfortunately, reliable, accurate and comprehensive data on labour migration is not available. The quality and currency of data varies considerably from country to country. A regional labour migration observatory would make the future writing of an overview of migration trends a much easier task.
The primary objectives of this overview of labour migration trends and policy implications is fourfold: (a) to review recent characteristics and trends in labour migration within and from the SADC region. Official statistics as well as recent survey data are drawn on to generate an overall picture of current characteristics and trends in the region; (b) to highlight some of the critical and urgent issues pertaining to labour migration in the region; (c) to discuss the main features of labour migration strategies and policies and legislative and regulatory frameworks in countries covered by the Southern African Development Community (SADC); and (d) to review the prospects for the freer circulation of migrant labour in the Southern African region.
This brief focuses primarily on the period since 1990 and restructuring of labour migration in the wake of the collapse of apartheid, new global migration forces, the end of the wars in Mozambique and Angola and the current economic and political situation in Zimbabwe. Although the brief provides an overview of the region as a whole, the report concentrates on the major labour migration channels in the region (from countries such as Lesotho, Swaziland, Malawi, Mozambique and Zimbabwe to South Africa). The report also considers the nature and implications of new migrant movements to and from SADC
Managing mobility for human development: the growing salience of mixed migration
In the analysis of migration a basic distinction is often made between those who chose to move and those who are forced to â that is, between âvoluntaryâ and âforcedâ migrants. This distinction is maintained in the policy world, where the governance of international migration is shaped by the conceptual distinction between âvoluntaryâ and âforcedâ migration as mutually exclusive categories. In reality of course the distinction is far from clear-cut. Migration can be âmixedâ in several senses: motivations may be mixed at the point of making the decision to move, when there are often combinations of choice and compulsion in play; people may travel with others in mixed migratory flows; motivations may change en route; and people may find themselves in mixed communities during their journeys or at their destination. This paper explores the connections between mixed migration and human development, understood as the expansion of capabilities and choice (Sen 1999). It first clarifies some of the key concepts in the migration discourse, particularly the role of choice and compulsion in migration, before exploring the emergence of the notions of âmixed migrationâ and the âmigration-asylum nexusâ in the policy arena. The paper then turns to some of the manifestations of âmixed migrationâ and the conditions migrants encounter in such migration streams. It next considers how mixed migration and migration policies â or âmigration governanceâ -- encounter one another. Finally, some policy conclusions are drawn from the evidence presented, pointing to the idea that the transnational practices that arise from mixed migration may constitute a âdurable solutionâ in settings of conflict and displacement.mixed migration, force and choice, refugees, migration policy, development
Trafficking in Persons and Human Development: Towards A More Integrated Policy Response
Poverty is often regarded as the "root cause" of trafficking, but the linkages between poverty, lack of development and trafficking are complex. For example, there is some evidence to suggest that victims of cross-border trafficking are more likely to originate from middle-income rather than lower-income countries. Trafficking and development have tended to be treated as very separate policy areas and the assessment of the development impact of counter-trafficking programmes is still at an early stage. This paper outlines a possible framework for a more evidence-based approach to understanding the linkages between trafficking, trafficking policy and human development. The paper argues that the human development gains from greater mobility could be significantly enhanced if there was greater coherence between policies to combat trafficking and policies to promote development.Human Trafficking, Development, Evaluation, Poverty Reduction Strategies, Policy Coherence
- âŠ