Court Order Protects Women Refugees (For Now)

As I’ve discussed previously, President Trump Executive Order (EO), “Protecting the Nation From Foreign Terrorist Entry Into the United States,” had particularly grave consequences for women refugees. Under the EO, all refugees were suspended from entering the United States for 120 days, which adversely affected women in particular. The EO also suspended all citizens from seven targeted countries—Iraq, Syria, Somalia, Sudan, Libya, and Yemen —from entering the United States, and it banned refugees from Syria indefinitely. Women refugees often flee sexual violence and other persecution, and without refugee protection, women are often stranded in refugee or temporary settlement camps where they face a heightened risk of sexual and physical violence.

In light of this, the nationwide injunction issued by a federal judge in Washington last week and the other day’s Ninth Circuit Court of Appeals’ decision to uphold that injunction are good news for women refugees. Under the injunction, the provision in Trump’s EO suspending refugee admissions is on hold for now, and refugees are once again allowed to enter the United States and seek resettlement as planned. However, President Trump has threatened to fight the decision, indicating he may appeal now to the Supreme Court.

While the Ninth Circuit opinion was not a full-fledged decision on the merits (as it was merely reviewing whether or not to lift the district court’s temporary restraining order), as Jen Daskal helpfully notes on Just Security, the court drew a number of important conclusions. First, while it found that the President’s power over immigration is entitled to substantial deference, the court rejected the Trump administration’s claim that this power is unreviewable, particularly when constitutional rights are at stake.  Second, the Ninth Circuit noted due process rights cover all persons in the United States, including aliens. Third, the court indicated its concerns that the EO is intended to disfavor Muslims, potentially violating the Establishment and Equal Protection Clauses, but ultimately noted it would “reserve consideration of these claims” until the merits have been fully briefed.   Fourth, the court emphasized deep skepticism of the national security claims asserted by the government, noting that the administration has presented “no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States.” In fact, ten top national security experts from across parties and across several administrations filed a declaration with the court indicating that the Executive Order did not, in fact, achieve national security goals and may, in fact, undermine them.

Indeed, refugees scheduled to arrive in the United States have already undergone an intensive vetting process.

*This post is cross-posted at cfr.org.

Read On! ‘Human Security and Human Rights under International Law: The Protections Offered to Persons Confronting Structural Vulnerability’

I am thrilled to post for the first time in IntLawGrrls and to share the publication of my book Human Security and Human Rights under International Law: The Protections Offered to Persons Confronting Structural Vulnerability (Hart Publishing, 2016).

This book considers the potential of human security as a protective tool within the international law of human rights. Indeed, it seems surprising given the centrality of human security to the human experience, that its connection with human rights had not yet been explored in a truly systematic way. The book attempts to address that gap in the literature and sustains that the human rights of persons, particularly those facing structural vulnerability, can be addressed more adequately if studied through the complementary lens of human security and not under human rights law alone. It takes both a legal and interdisciplinary approach, recognizing that human security and its relationship with human rights cuts across disciplinary boundaries.

Human security with its axis of freedom from fear, from want and from indignity, can more integrally encompass the inter-connected risks faced by individuals and groups in vulnerable conditions. At the same time, human rights law provides the normative legal grounding usually lacking in human security. International human rights norms, individualistic in nature and firstly enacted more than sixty years ago, present limits which translate into lack of protection for people globally. As a result, the collective and contextual conditions undergone by persons can be better met through the broader and more recent notion of human security, which emphasizes ‘critical (severe) and pervasive (widespread) threats’, and accentuates socioeconomic vulnerabilities as authentic security concerns. Indeed, as signaled by Sadako Ogata, human security is ‘the emerging paradigm for understanding global vulnerabilities’.

The analysis follows a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural –and constructs a general framework for thought and action, the ‘human security – human rights synergy’. Secondly, it goes on to explore the practical application of this framework in the law and case-law of UN, European, Inter-American and African human rights bodies in the thematic cores of 1) violence against women and girls (VAW); 2) undocumented migrants and other non-citizens such as asylum-seekers and refugees; converging in 3) a particular examination of the conditions of female undocumented migrants. In the last chapter, the book systematizes this evidence to reveal and propose added values of human security to human rights law; and inversely, it indicates how human rights standards/indicators can deliver a needed more precise, normatively grounded and operational conception of human security.

These ‘interpretative synergies’ offer promise for shifting the boundaries of international human rights law: in constructing integrative approaches to fill legal gaps, better prevention and addressing protectively collective threats, and –in the spirit of the Universal Declaration of Human Rights- creating an ‘enabling environment’ to fulfil all human rights, especially for those not only confronting isolated moments of risk or individual human rights violations, but rather conditions of structural vulnerability affecting their everyday lives. Continue reading

Read On! ‘The Human Rights of Migrant Women in International and European Law’

copertinaI am delighted to post on IntLawGrrls for the first time and to present my new monograph The Human Rights of Migrant Women in International and European Law. This book starts from the consideration that European and domestic migration law indirectly discriminates against third-country national migrant women, and aims to answer the question of whether human and fundamental rights law can remedy this gender bias.

The book carries out an analysis of significant instances of indirect discrimination against migrant women within EU immigration law, as well as in the domestic orders of Italy, Spain and the United Kingdom. It then critically reviews human and fundamental rights jurisprudence at supranational and domestic level, with a specific focus on the case law of the European Court of Human Rights, the Court of Justice of the European Union, as well as the domestic jurisdictions of Italy, Spain and the United Kingdom. By doing so, it identifies effective judicial interpretations to ensure migrant women’s enjoyment of their rights and entitlements in conditions of equality and non-discrimination.

The book is divided in two parts. The first focuses on family reunification and care, analysing the gendered effects of income requirements in European family reunification regimes as well as migrant women’s access to residence rights on the grounds of childcare. A second part of the book concerns the employment realm, with a focus on discrimination against migrant women workers and labour exploitation in the domestic work sector.

Ultimately, this book argues that a normative and judicial awareness of migrant women’s most common difficulties in their host countries is crucial to ensure the full enjoyment of their right to equality and non-discrimination. For this purpose, it is equally important for law to focus not only on moments of crisis and victimisation, but also on prevention through an effective protection of migrant women’s socio-economic rights.

Nuevo libro para abogados hispano- y angloparlantes/New Book for Lawyers Who Speak Both Spanish and English

(English version follows)

Tres mujeres y profesoras de derecho: S.I. Strong de la Universidad de Missouri (Estados Unidos), Katia Fach Gómez de la Universidad de Zaragoza (España) y Laura Carballo Piñeiro de la Universidad de Santiago de Compostela (España) tenemos el honor de presentar el libro Derecho comparado para abogados anglo- e hispanoparlantes: Culturas jurídicas, términos jurídicos y prácticas jurídicas/ Comparative Law for Spanish-English Speaking Lawyers: Legal Cultures, Legal Terms and Legal Practices  (Edward Elgar Publishing Ltd., 2016). Este trabajo supone una plasmación por escrito de algunas de las características más relevantes de nuestras carreras profesionales: trayectorias académicas y de práctica de la abogacía internacional desarrolladas en español e inglés, y en estrecho contacto con las comunidades jurídicas latinoamericana, europea y estadounidense. En consonancia con ello, la obra que hemos elaborado permite que abogados y estudiantes de derecho que hablan inglés y español adquieran fluidez jurídica en un segundo idioma. Realizar dicho esfuerzo es extremadamente importante no sólo para abogados especializados en derecho internacional, sino también para abogados dedicados al derecho nacional pero que tratan con clientes cuya lengua materna es un idioma extranjero.

La forma en que “Derecho comparado para abogados anglo- e hispanoparlantes” involucra a abogados y estudiantes de derecho en la práctica jurídica bilingüe es única por diversos motivos. En primer lugar, y dado que la mayoría de los abogados bilingües trabajan con otros abogados y con clientes que cuentan con unos orígenes legales y culturales muy variados, el libro no se limita a analizar unas jurisdicciones concretas. Por el contrario, el libro ofrece información sobre diversos países hispanoparlantes (fundamentalmente, España y México) y angloparlantes (fundamentalmente, Estados Unidos y Reino Unido). En segundo lugar, la monografía contextualiza la información, no sólo ubicando el nuevo vocabulario y los principios legales en el contexto lingüístico apropiado –el libro es completamente bilingüe-, sino también ofreciendo abundantes comparaciones con la legislación y la práctica de otras jurisdicciones. En tercer lugar, este tipo de análisis permite que los abogados y estudiantes de derecho aprecien las diferencias existentes en las culturas jurídicas, empresariales y sociales relevantes. Ello ayuda a los lectores a no incurrir en ofensas que puedan derivarse de problemas de comunicación involuntarios. El libro también explica por qué existen dichas diferencias y cuál es su fundamento en un contexto jurídico determinado.

Profundizar en la comprensión a través de barreras nacionales, sociales y culturales es un objetivo esencial de un mundo cada vez más pluralizado. Derecho comparado para abogados anglo- e hispanoparlantes es una herramienta muy útil para aquellos que trabajan cruzando fronteras lingüísticas. Como este libro de 700 páginas demuestra, no hay que temer a las diferencias, sino que hemos de alegrarnos de que la diversidad jurídica y lingüística exista.

***

unnamedThree law professors – S.I. Strong of the University of Missouri, Katia Fach Gómez of the University of Zaragoza and Laura Carballo Piñeiro of the University of Santiago de Compostela – have the honor of presenting their new book, Comparative Law for Spanish-English Speaking Lawyers: Legal Cultures, Legal Terms and Legal Practices / Derecho comparado para abogados anglo- e hispanoparlantes: Culturas jurídicas, términos jurídicos y prácticas jurídicas (Edward Elgar Publishing Ltd., 2016).  This work reflects some of the characteristics that are most relevant to our professional careers as academics and practitioners working in both English and Spanish, and involving jurisdictions in Latin America, Europe and the United States.  Consistent with that, the book that we have written helps lawyers and law students who speak Spanish and English become legally fluent in their second language.  This effort is extremely important not only for specialists in international law, but also for domestic lawyers whose clients speak different languages.

 

Comparative Law for Spanish-English Speaking Lawyers: Legal Cultures, Legal Terms and Legal Practices / Derecho comparado para abogados anglo- e hispanoparlantes” introduces lawyers and law students to bilingual legal practice in several ways.  First, the book does not focus solely on single jurisdictions, since most bilingual lawyers work with clients and co-counsel from a variety of legal and cultural backgrounds.  Instead, the book offers information on several English-speaking nations (primarily the U.S. and the U.K.) and Spanish-speaking countries (primarily Spain, Mexico and Argentina).  Second, the text seeks to contextualize the information, not only by placing the new vocabulary and legal principles in the appropriate linguistic setting (the book is entirely bilingual) but by providing extensive comparisons to the law and practice of other jurisdictions.  Third, the discussion helps lawyers and law students appreciate differences in the relevant legal, business and social cultures, thereby helping them avoid giving offense through any inadvertent miscommunications, and explains why those differences arose and why they make sense in that particular legal environment.

 

Increasing understanding across national, social and cultural lines is an important goal in our increasingly pluralistic world, and Comparative Law for Spanish-English Speaking Lawyers provides a useful tool for those who work across linguistic lines.  As this 700+ page text shows, legal and linguistic differences need not be feared but can instead be celebrated.

 

The “Rights of Aliens” in Brazil – Beyond the use of a Mistaken Term

The “rights of aliens” in Brazil – beyond the use of a mistaken term

As it is widely known, the settlement of people in Brazil mainly occurred through immigration of the Portuguese, as well as of the people being brought from Africa (because of the Atlantic slave trade). Now, however, Brazil receives people from many different nations. These newcomers glimpse in Brazil the opportunity to undertake their businesses, complete or start their studies, or even escape from dire situations in their home countries.

According to Brazil’s last census, there were 431,319 foreigners living in Brazil in 2010.[1] In comparison to the census of 2000 (510,067 foreigners), the number of foreigners in the country has decreased. [2] However, the last census did not include either the massive inflow of Haitians Brazil has been receiving since the end of 2010, nor the current global refugee crisis, which Brazil, in a smaller proportion, is also experiencing.[3]

Foreigners in Brazil have their rights guaranteed by the Brazilian Foreigners’ Statute, which regulates the entrance, permanence, and compulsory departure of a foreigner in the Brazilian territory.[4] This Statute is, together with some specific refugees’ protection instruments as well as with the Brazilian Constitution, the most important legal instrument for the protection of all foreigners in Brazil.

The Brazilian Constitution was brought to life after the Foreigners’ Statute and it grants an equal treatment of both Brazilians and foreigners. Article 5 of the Constitution states that all people are equal before the law, i.e., all Brazilians and foreigners residing in Brazil are entitled to the inviolability of the right to life, freedom, equality, security and property: the so-called fundamental rights.[5] From the literal interpretation of Article 5, it could be understood that only the foreigners residing in Brazil have their fundamental rights guaranteed. However, the doctrinal interpretation[6] and the courts[7]  understand that the text of this article takes into account all immigrants, including the nonresidents in Brazil.

Further, according to Article 95 of the Brazilian Foreigners’ Statute, foreigners living in Brazil are entitled to the same legal treatment as Brazilian citizens.

In April 2016, however, some of the fundamental rights of foreigners living in Brazil were jeopardized. The National Association of Federal Police Officers (FANAPEF) has issued a polemic press release on its website. That press release recalled that, in the territory of Brazil, foreigners are prohibited from not only supporting any political position, but also from taking part in any demonstration or from organizing and taking part on reunions of any nature.

Less than one month after this press release, for example, an Italian citizen who works as a professor for a Federal University in the State of Minas Gerais was under formal police investigation for being active inside political parties, taking some political actions and taking part in demonstrations.[8]

FANAPEF has supported its press release on Article 107 of Brazilian Foreigners’ Statute, which states (among other points) that foreigners cannot exercise political activities in Brazilian territory, and cannot (directly or indirectly) interject into Brazil´s public issues. In this sense, the same article prohibits foreigners from maintaining any political society, group or entity or from organizing demonstrations that aims at discussing either Brazilian internal issues, or political issues of their home countries.

Continue reading

Work On! Volunteers Needed for Refugee Education Chios for Nov., Dec., and Jan. 2017

Refugee Education Chios the sole provider of a holistic non-formal education programme and their role on the Island of Chios is as important as ever. They have now completed their fifth successful month running their school and youth centre for the refugee children on Chios Island (Greece).

There are around 200 children aged between 6 and 18 years old
attending the school every week and 100 youth aged between 12 and 20 years
old attending the youth centre. The team is made up of a teachers, musicians, artists, nurses and social workers etc. They promote diversity within the volunteer group, and are
not necessarily look for individuals with a traditional teaching
background.

They are looking for volunteers to join for a minimum two weeks but the
longer the better. Accommodation and mobility on the Island is covered by
the progamme.

If you have the passion and enthusiasm to join them on their journey then
please email your CV and brief note to beavolunteer@baas-schweiz.ch

Read more about us in the articles below:
http://www.independent.co.uk/news/world/europe/refugee-school-chios-greece
-lessons-in-life-for-the-migrant-children-a7229916.html

http://www.aljazeera.com/indepth/inpictures/2016/07/refugee-school-respite
-children-greek-camps-160706184135733.html#

http://www.reuters.com/article/us-europe-migrants-greece-school-idUSKCN11K
1TW

Facebook: https://en-gb.facebook.com/refugeeeducationchios/

 

Call for Papers: Critical Approaches to Irregular Migration Facilitation: Grounding the Theory and Praxis of Human Smuggling

The facilitation of irregular migration – labelled by the state as migrant, people or human smuggling – has been primarily articulated as a violent, exploitative practice under the control of transnational crime. It has also been tied to often problematic articulations of class, race, gender, informal forms of labour and sex work. Furthermore, the language of crisis, crime, violence and humanitarianism often associated with references to smuggling has reified specific geographic locations and their people as inherently dangerous and in need of surveillance and control. Amid this context, the explosive militarization of border control practices and stricter immigration criminalization policies have been articulated as the only effective measures to fight the alleged spread of smuggling, depicted as a global security threat under the control of networks of vast, dark reach. The migratory flows in the Mediterranean, the Horn and the North of Africa, the Pacific, the Middle East, the US Mexico Border and Central and South America; the punitive efforts to control human mobility and the narratives pertaining to transits and their facilitation are clear examples of this approach. More often than not unintended outcomes have ultimately outweighed national security and border protection policy. The vast border and immigration enforcement systems have prompted spiralling financial costs. Attempts to block or contain migration routes have only redirected unauthorized migration flows into more dangerous and remote routes, leading to the injury, death and disappearance of thousands of people on the move. Furthermore, border enforcement has played a role in the very reliance of migrants and refugees on often dubious facilitators of migration services or criminally-organized entities that engage in specific forms of violence.

Amid the panic caused by the overly-simplistic, fear-driven narratives of smuggling and those behind their facilitation, the social, economic, cultural, moral and affective significance of smuggling to and from the perspective of its actors (facilitators, clients, their families and communities) has remained vastly unexplored. To this date, narratives of tragedy, death, graphic violence, and transnational crime have continued to obscure the basic realization that the facilitation of irregular migration is ultimately a response to the lack of channels for legal entry and transit to which so many yet specific few are subjected.

Building on the experience at the European University Institute in Florence in the Spring of 2016, this second edition of the Smuggling Workshop seeks to continue the conversation towards empirically grounded smuggling research, a field often silenced by the onslaught of anecdotal evidence or technocratic-legalistic perspectives concerning the facilitation of irregular migration. This time around the workshop will have a particular focus on collectively building the theory and documenting the praxis of human smuggling, relying on the empirically documented perspectives of its actors. This workshop is a collective effort to comprehend the ways in which migrants, refugees, their families and communities along with those facilitating their transits perceive, talk about, and partake in the phenomenon. The workshop takes place at a critical time in migration studies, when despite the vast abundance of scholarship on the lives of migrants and refugees, grounded empirical work on the processes involving their journeys and the effects and affects in them interwoven is still scant and scattered across the disciplines.

A gathering of innovative and critical voices in smuggling from academic and policy circles, the workshop seeks to consolidate the creation of an interdisciplinary and global collective of professionals engaged in the empirical study of migration facilitation that integrates perspectives from the global north and south. With this goal in mind, we invite abstracts on the theme of irregular migration/human mobility facilitation for an international workshop to be held on April 6, 7 and 8, 2017 at the University of Texas at El Paso. We seek to bring together critical, empirical engagements on the facilitation and brokerage of irregular migration as witnessed locally, regionally and comparatively.

Some themes to consider include theoretical and empirical engagements with:

  1. The political economy of human smuggling/facilitation of irregular migration
  2. Trans-Local/trans-regional/global smuggling practices
  3. Comparative and historical perspectives on smuggling
  4. The converge of migration facilitation with other criminal/ized markets and/or practices
  5. Smuggling, trafficking and “modern day slavery”
  6. Etiology of violence and victimization in smuggling
  7. Philosophical, ethical and moral dimensions of smuggling
  8. Race, class and gender as manifested in smuggling practices and smuggling research
  9. Theory and methods in smuggling research and their implications and critiques
  10. Anti-smuggling law enforcement and prevention campaigns (risks, side-effects and consequences)
  11. Role of stakeholders in anti-people smuggling operations (IOM, UNODC, Frontex, CBP, ICE, etc.)
  12. Global migration governance and domestic law initiatives on anti-people smuggling measures

OUTCOMES

Building on the experience of the first workshop, selected contributions will be part of a series of proposals for special issues and/or edited collections on the facilitation of irregular migration. We look forward to receiving and considering submissions that encompass the complexity of migration facilitation across and within regions, regimes and time periods, and for selected participants to be engaged in the publication process.

SUBMISSIONS

Preference will be given to work that draws on ethnographic research. Please submit a 250-300 word abstract to smugglingworkshop@gmail.com by November 15th, 2016. Participants will be notified of their acceptance by December 1st, 2016. Organizers will provide verification letters for participants requiring visas. Workshop papers are due by March 15th, 2016. Please be advised that as a condition of your acceptance, and given the working, creative and intensively collaborative nature of this second edition of the workshop, all participants must commit to submit their work by the deadline.

FURTHER INFORMATION

The workshop will be held at the University of Texas in El Paso, Texas (USA) from April 6-April 8, 2017.

Questions can be addressed to the organizers, Luigi Achilli at the European University Institute (Luigi.Achilli@eui.edu), Antje Missbach at Monash University (antje.missbach@monash.edu) and Gabriella Sanchez at the University of Texas at El Paso (gesanchez4@utep.edu).

Reflections on ‘The Gendered Imaginaries of Crisis in International Law’ Agora @ the 2016 ESIL Annual Conference, Riga, Latvia

With many thanks to Emily Jones, currently a PhD researcher at SOAS, University of London, who authored this reflection and, along with IntLawgrrls Gina Heathcote, Loveday Hodson, and Bérénice Schramm, as well as Troy Lavers, organized the Gendered Imaginaries of Crisis Agora on behalf of the Feminism and International Law Interest Group of the European Society of International Law.

esil-2016On Friday 9th September, the Feminism and International Law Interest Group of the European Society of International Law (ESIL) held an agora entitled ‘The Gendered Imaginaries of Crisis in International Law.’ The agora session was initially inspired by Hilary Charlesworth’s provocative statement that ‘international lawyers revel in a good crisis. A crisis provides a focus for the development of the discipline and it also allows international lawyers the sense that their work is of immediate, intense relevance.’ In this vein, the agora aimed to disrupt mainstream interpretations and perspectives on crisis as well as remind attendees of the various ways in which gender is implicated in the narratives of crisis. (Agora participants pictured above, from left to right, Bérénice Schramm (chair), Marion Blondel, Dianne Otto, and Jaya Ramji-Nogales; Zeynep Kivilcim is pictured in the Skype screen at the top.)

The agora was bilingual (in both French and English). This bilingualism not only helped to disrupt the increasing dominance of the English language at ESIL but also allowed for a wider array of feminist perspectives to be considered.

The panel began with an intervention by IntLawGrrl Bérénice K. Schramm, the Agora Chair. Bérénice began with a reminder of the many ways in which crisis is utilised globally, not only by international lawyers to revel in but also as a moment for change and resistance, thus disrupting mainstream international legal views of crisis. She also highlighted the many elements of crisis which go unseen, including the sounds and images of crisis, showing pictures of women in Rojava engaging in radical democratic work and drawing on the work of German art collective Maiden Monsters to highlight both the existence of counter images to crises and sounds of crisis and the corollary fact that neoliberalism, from a feminist perspective, is, itself, a crisis.

Bérénice, in her introduction, also read an important statement regarding Turkey. One of the panellists, Zeynep Kivilcim, sadly, was unable to attend the agora in person and was forced to intervene via Skype. This was due to the current political situation in her country and the crack down by the government on academics and academic freedom. As a signatory to the ‘Academics for Peace’ petition‘Academics for Peace’ petition, Zeynep risks being interrogated daily. Bérénice reminded the agora participants of the terrible ongoing situation in Turkey and the need to remember the ways in which crises affect academic work and freedom.

The first paper presented was by Dianne Otto and was entitled ‘Feminist Aspirations and Crisis Law: Navigating Uncomfortable Convergences and New Opportunities.’ Dianne noted the normalisation of crisis in international discourse and the ways in which this spreading atmosphere of crisis has allowed for the expansion of emergency laws and rule by experts and technocrats who often favour neoliberal ends. Her paper went on to highlight the ways in which ‘gender panics’ are also caught up in international discourses on crisis, noting, for example, how the trafficking movement and the panic over preventing sex trafficking has been used, not only to deny women agency and the right to make their own sexual and economic decisions, but also to ignore the wider, structural issues which surround trafficking, including poverty and exploitative labour conditions (noting how the focus on trafficking also works to ignore other migrants). Continue reading

Will a UN summit on migration change anything?

On September 19, the UN Secretary-General will convene a summit meeting at the UN General Assembly in New York to address current “large movements of refugees and migrants.” Its goal is to ensure a re-commitment to the core principles of refugee protection and discuss new frameworks to respond to the increasing number of people on the move.

Without wanting to pour cold water over a meeting that is, in and of itself, a positive move – after all, lack of coordination is often a key stumbling block to protection – the process is unfortunately fundamentally flawed. The summit brings together States, and therefore will be strongly influenced by government agendas. And those governments that are driven by the political need to limit mobility (keep people out), and by the imperative to contain and ghettoize them if they do get in, are among the loudest and most powerful.

On paper, restricting the movement of people might seem like a good way to reduce the global migration crisis. It is certainly politically expedient, and by limiting the number of people on the move eventually it might stop looking like a crisis. In practice, of course, this is almost impossible to achieve. And if it did happen, it would be at an unbearable cost to those for whom staying behind is simply not an option. People will still move, but they will do so without protection and below the official radar, which benefits no-one.

So why this fear of movement? After all, the movement of people is as old as humanity itself and rather than being made illegal, it needs to be accepted as the norm. Movement is one of the key coping strategies for people caught up in situations where violence and threat compels them to seek safety and livelihoods elsewhere. Yet mobility (forced or otherwise), rather than being seen as an important coping strategy for individuals, continues to be seen as a challenge to state sovereignty. As a result, it fails in fulfilling its potential to contribute to protection with policy structures, securitised narratives around refugees and migrants, and broader issues of xenophobia limiting its implementation. People are moving all the time. But they are often doing so despite the policy context, not because of it; and often in extremely dangerous circumstances as a result.

Of course, on paper the summit meeting is seeking to do exactly this – to regularise and monitor the movement of people. However, for as long as good intentions continue to be blocked by political priorities, in practice they will remain just that – good intentions.

At the same time, the containment and ghettoization of those who do manage to gain access to wealthier states continue to push refugees and migrants to the margins of societies, thereby emphasising and maintaining their exclusion.

That is not to say that refugees and migrants do not show extraordinary resourcefulness in finding spaces for inclusion. Indeed, many forge local forms of belonging, not least through seeking out economic and social resources despite broader political exclusion. However, the precariousness of their situation remains a dominant feature of their lives, and the parameters for discussion need to be broadened. In particular, there needs to be a far more robust focus on creating spaces for belonging that draw people in from the margins.

Indeed, it is interesting to speculate that if post-9/11 US foreign policy had not been driven by the idea of a “war on terror” but rather by a war on marginalisation, the current contours of displacement around the world, particularly in the Middle East, would likely be significantly different. The extent to which the war on terror has sustained and exacerbated marginalisation by creating foot soldiers living on the edges of society who can all too easily be deployed by those intent on generating violent extremism, has been a foreign policy disaster. At the same time, the extent to which this same “war on terror” has validated the growing securitisation of foreign policy has further entrenched the divide between insiders and outsiders.

Migrants – both forced and otherwise – have been particular victims of this approach. In a global context in which there is shrinking asylum space, and where increasingly refugees and migrants are being associated, however falsely, with violent extremism, it has become increasingly difficult for asylum seekers, migrants and refugees – regardless of categorisation – to access places of safety.

Of course, this is not the whole story. Many respond to the arrival of strangers with empathy and a determination to help. And equally, it is important not to characterise refugees and migrants merely as victims of these circumstances.

So will the meeting in New York change anything? Probably not. The fundamental problems facing refugees do not lie in the substance and structures of protection – after all, the principles of integration and safe movement are all there in the 1951 Refugee Convention. They lie in the political will to implement these ideas. Without addressing the realpolitik that continues to drive practice, therefore, any new ideas – or the repacking of old ideas – will continue to be palliative.

Instead, far more needs to be done to persuade governments of the benefits in ensuring that policies pull people into the centre rather than polarise and exclude them; and draw on, rather than negate, the creativity that refugees and migrants demonstrate in their quest to forge spaces of belonging.

In the meantime, refugees and migrants will continue to challenge the parameters of policy and practice, and will continue to test our political imaginations. And long may they do so. Rather than sitting around waiting for the world’s leaders to sign onto agreements, against the odds thousands of refugees and migrants are sending their children to school, generating livelihoods and negotiating their way through exile and through journeys, however precarious. But it should never be this hard.

También de este lado hay sueños

With protestthe arrival of the Democratic National Convention, protesters have converged on Philadelphia.  At least for the moment, the historic selection of the first female presidential candidate in U.S. history seems to have been overshadowed by yet another e-mail debacle.  The New York Times reported yesterday on backers of Bernie Sanders who surrounded City Hall, making their voices heard.  Today, another protest (pictured at left) marched past my front door, chanting, “Not one more deportation!” and asking the Democrats to be the anti-Trump party.  As one woman’s sign read, “También de este lado hay sueños” — there are also dreams on this side.  President Obama and his Homeland Security secretary, Jeh Johnson, have shamefully trampled on too many of those dreams.  Here’s hoping that Hillary Clinton continues to propound more humane immigration policies, and that immigrant voters can make their dreams count in the November election.