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1. Promoting Human Security: Planned Relocation as a Protection Tool in a Time of Climate Change

Author:
Elizabeth Ferris and Sanjula Weerasinghe
Publication Date:
04-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In light of the science and evidence on hazards and climate risk, and the scale and breadth of large-scale disasters witnessed around the world, it is time for states and other actors to begin developing national and local frameworks on planned relocation. While planned relocations have had a poor record in terms of their socioeconomic effects, it is precisely for these reasons that proactive action is necessary. Planned relocation has the potential to save lives and assets, and consequently to safeguard or augment the human security of populations living in areas at high risk for disasters and the effects of climate change. Among the challenges hampering better outcomes for people, however, are the lack of national and local frameworks, community-driven decision making, and sufficient lead times to plan and implement appropriate interventions that promote human security. Relocation of populations is referenced in global frameworks on disaster risk reduction (DRR) and climate change adaptation (CCA) because it is a tool that will become increasingly important as a preventive and responsive measure to reduce the risks of disasters and displacement. This article recommends that national and local DRR and CCA strategies and development plans begin to incorporate planned relocation among the options under consideration to protect people and their human security. It argues that planning for relocations is an expression of a government’s responsibility to protect the human security of its people.
Topic:
Climate Change, Disaster Relief, and Humanitarian Crisis
Political Geography:
Global Focus

2. Perspectives on the Content and Implementation of the Global Compact for Safe, Orderly, and Regular Migration

Author:
Kevin Appleby
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
Kevin Appleby, senior director of international migration policy at CMS and SIMN, highlights issues that have been controversial in negotiations on the Global Compact on Migration in his piece, “The Global Compact on Safe, Orderly, and Regular Migration: Will It Live Up to Its Name?” The author — who has been centrally involved in the process leading to the compact — offers recommendations to resolve issues related to regularization, border enforcement and return, the rights of irregular migrants, information firewalls, and the protection of migrants in vulnerable situations.
Topic:
Migration, Immigration, Border Control, and Regulation
Political Geography:
Global Focus

3. Refugees, Development, Debt, Austerity: A Selected History

Author:
Leah Zamore
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
There is a consensus among global policymakers that the challenges facing refugees today arise, in no small part, from the treatment of forced displacement as predominately a short-term humanitarian problem and the consequent exclusion of refugees from long-term development assistance. This paper agrees that refugees — a majority of whom spend years, a large number decades, some lifetimes in exile — constitute a development challenge, not only a humanitarian one. But it departs from the prevailing consensus which has tended to underemphasize the historical role of certain development policies in contributing to the status quo of refugee poverty in the first place. The paper places particular emphasis in that regard on policies of austerity and of laissez-faire. In their stead, it argues in favor of approaches to development that are proactively egalitarian and redistributive.
Topic:
Poverty, Refugees, and Humanitarian Crisis
Political Geography:
Global Focus

4. Communities in Crisis: Interior Removals and Their Human Consequences

Author:
CMS
Publication Date:
11-2018
Content Type:
Special Report
Institution:
Center for Migration Studies of New York
Abstract:
In late 2017, the Kino Border Initiative (KBI), the Center for Migration Studies of New York (CMS), and the Office of Justice and Ecology (OJE) of the Jesuit Conference of Canada and the United States initiated a study to examine the characteristics of deportees and the effects of deportation, and to place them in a broader policy context.[1]
Topic:
International Affairs
Political Geography:
Global Focus

5. Perspectives on the Content and Implementation of the Global Compact for Safe, Orderly, and Regular Migration

Author:
CMS
Publication Date:
11-2018
Content Type:
Special Report
Institution:
Center for Migration Studies of New York
Abstract:
The 2018 International Migration Policy Report: Perspectives on the Content and Implementation of the Global Compact for Safe, Orderly, and Regular Migration features several articles focusing upon issues discussed and negotiated by United Nations (UN) member states in producing the Global Compact for Safe, Orderly, and Regular Migration (“the Compact”). The final draft of the Global Compact was agreed to in New York by 191 member states on July 13, 2018, with final adoption of the document set for December 2018 at an intergovernmental conference in Marrakesh, Morocco
Topic:
International Relations and International Affairs
Political Geography:
Global Focus

6. The US Refugee Resettlement Program — A Return to First Principles: How Refugees Help to Define, Strengthen, and Revitalize the United States

Author:
CMS
Publication Date:
06-2018
Content Type:
Special Report
Institution:
Center for Migration Studies of New York
Abstract:
The US refugee resettlement program should be a source of immense national pride. The program has saved countless lives, put millions of impoverished persons on a path to work, self-sufficiency, and integration, and advanced US standing in the world. Its beneficiaries have included US leaders in science, medicine, business, the law, government, education, and the arts, as well as countless others who have strengthened the nation’s social fabric through their work, family, faith, and community commitments. Refugees embody the ideals of freedom, endurance, and self-sacrifice, and their presence closes the gap between US ideals and its practices. For these reasons, the US Refugee Admissions Program (USRAP) has enjoyed strong, bipartisan support for nearly 40 years
Topic:
International Affairs
Political Geography:
Global Focus

7. Responsibility Sharing for Large Movements of Refugees and Migrants in Need of Protection

Author:
CMS
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
The 2017 International Migration Policy Report is the first in an expected series of annual reports on international migration policy and refugee protection by the global network of think tanks or study centers founded by the Congregation of the Missionaries of St. Charles – Scalabrinians. These institutions are members of the Scalabrini International Migration Network (SIMN). The Scalabrini migration study centers consist of the Center for Migration Studies of New York (CMS) in the United States, the Scalabrini Migration Center (SMC) in the Philippines, the Scalabrini Institute for Human Mobility in Africa (SIHMA) in South Africa, the Centro de Estudios Migratorios Latinoamericanos (CEMLA) in Argentina, the Centro de Estudios Migratorios (CEM) in Brazil, the Centre d’Information et d’Études sur les Migrations Internationales (CIEMI) in France, and the Centro Studi Emigrazione Roma (CSER) in Italy. The purpose of these reports will be to focus on pressing global migration and refugee protection challenges in all parts of the world and to offer policy suggestions to address them.
Topic:
International Affairs
Political Geography:
Global Focus

8. Kidnapped, Trafficked, Detained? The Implications of Non-state Actor Involvement in Immigration Detention

Author:
Michael Flynn
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Global migration challenges are reinforcing long-standing trends that involve shifting immigration control measures beyond national borders and incorporating new actors into detention systems. Proposals to shape migration management policies — including discussions on developing a Global Compact for Migration — recognize the need to involve a range of actors to implement humane and effective strategies. However, when observed through the lens of immigration detention, some policy trends raise challenging questions, particularly those that lead to increasing roles for non-state actors in migration control. This article critically assesses a range of new actors who have become involved in the deprivation of liberty of migrants and asylum seekers, describes the various forces that appear to be driving their engagement, and makes a series of recommendations concerning the role of non-state actors and detention in global efforts to manage international migration. These recommendations include: ending the use the detention in international migration management schemes; limiting the involvement of private companies in immigration control measures; insisting that the International Organization for Migration (IOM) actively endorse the centrality of human rights in the Global Compact for Migration and amend its constitution so that it makes a clear commitment to international human rights standards; and encouraging nongovernmental organizations to carefully assess the services they provide when operating in detention situations to ensure that their work contributes to harm reduction.
Topic:
Migration, Non State Actors, Border Control, and Refugees
Political Geography:
Global Focus

9. The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions

Author:
Daniel Kanstroom
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article considers the relationship between two human rights discourses (and two specific legal regimes): refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article’s main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article’s basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement), and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states on generally applicable deportation systems, led in large measure by the United States’ radical 25 year-plus experiment with large-scale deportation. Europe has also witnessed a rising tide of deportation, some of which has developed in reaction to European asylum practices. Deportation has been facilitated globally (e.g., in Australia) by well-funded, efficient (but relatively little known) intergovernmental idea sharing, training, and cooperation. This global expansion, standardization, and increasing intergovernmental cooperation on deportation has been met by powerful — if in some respects still nascent — human rights responses by activists, courts, some political actors, and scholars. It might seem counterintuitive to think that emerging ideas about deportation protections could help refugees and asylum seekers, as those people by definition often have greater rights protections both in admission and expulsion. However, the emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons. First, what Matthew Gibney has described as “the deportation turn” has historically been deeply connected to anxiety about asylum seekers. Although we lack exact figures of the number of asylum seekers who have been subsequently expelled worldwide, there seems little doubt that it has been a significant phenomenon and will be an increasingly important challenge in the future. The two phenomena of refugee/asylum protections and deportation, in short, are now and have long been linked. What has sometimes been gained through the front door, so to speak, may be lost through the back door. Second, current deportation human rights discourses embody creative framing models that might aid constructive critique and reform of the existing refugee protection regime. They tend to be more functionally oriented, less definitional in terms of who warrants protection, and more fluid and transnational. Third, these discourses offer important specific rights protections that could strengthen the refugee and asylum regime, even as we continue to see weakening state support for the basic 1951/1967 protection regime. This is especially true in regard to the extraterritorial scope of the (deporting) state’s obligations post-deportation. This article particularly examines two initiatives in this emerging field: The International Law Commission’s Draft Articles on the Expulsion of Aliens and the draft Declaration on the Rights of Expelled and Deported Persons developed through the Boston College Post-Deportation Human Rights Project (of which the author is a co-director). It compares their provisions to the existing corpus of substantive and procedural protections for refugees relating to expulsion and removal. It concludes with consideration of how these discourses may strengthen protections for refugees while also helping to develop more capacious and protective systems in the future.
Topic:
Human Rights, International Cooperation, Border Control, Refugees, and Humanitarian Crisis
Political Geography:
Africa, United States, Europe, France, South Africa, Germany, Australia, Mexico, and Global Focus

10. Proposals for the Negotiation Process on the United Nations Global Compact for Migration

Author:
Victor Genina
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
On September 19th, 2016, the United Nations (UN) General Assembly adopted Resolution 71/1, the text of the New York Declaration for Refugees and Migrants(the “New York Declaration”). Resolution 71/1 is the outcome document of the high-level plenary meeting on addressing large movements of refugees and migrants, held at the UN headquarters. The New York Declaration reflects how UN member states have decided to address the challenge of large movements of people in two main legal categories: asylum seekers/refugees and migrants. Resolution 71/1 includes an annex titled “Towards a Global Compact for Safe, Orderly and Regular Migration” (the “global compact for migration” or “global compact”). This document is comprised of several thematic issues related to international migration that will be the basis of a globally negotiated agreement on how member states should respond to international migration at the national, regional, and international levels, as well as to issues related to international migration and development. The global compact for migration is intended to be adopted at a conference on international migration and development before the inauguration of the 73rd annual session of the UN General Assembly in September 2018. This paper addresses how UN member states should plan to address international migration in the future. It does not refer to refugees and asylum seekers: a global compact on refugees will be drafted by the United Nations High Commissioner for Refugees (UNHCR) in 2018, and to be presented to the UN General Assembly for states’ consideration during its 73rd annual session, which starts in September 2018.[1] For those who have been involved in migration issues within the United Nations, the fact that member states have finally agreed to convene an international conference on international migration represents a major achievement. It is the result of an extended process that started decades ago and was made possible by a long chain of efforts by many state delegations and other stakeholders. The global compact for migration will not be the first outcome document dealing exclusively with international migration. A declaration[2] adopted at a high-level meeting at the United Nations in October 2013, for example, paved the way for the 2018 conference. Nonetheless, the global compact represents a unique opportunity to address international migration comprehensively and humanely. This paper contributes to the discussion on the elements that should be included in the global compact for migration. The paper is divided into two sections. The first section analyzes the main elements of Annex II, “Towards a Global Compact for Safe, Orderly and Regular Migration,” and the criteria that needs to be adopted in order to achieve a substantive outcome. In particular, participants in the negotiation process should aim to balance the concerns of states and the members of host societies, on one hand, with the needs and rights of migrants, on the other. The second section includes proposals to enrich the final global compact for migration and takes into account two documents written by two different actors within the UN system, the Special Representative of the Secretary-General on Migration, and the Special Rapporteur on the Human Rights of Migrants. In particular, the paper proposes that the global compact for migration: sets forth principles that can inform the actions of governments in relation to international migration at all levels; enunciates a clearer definition of state protection responsibilities in relation to migrants in crisis situations and so-called “mixed flows” [3]; affords a substantive role to civil society organizations, the private sector, and academic institutions in the global compact’s follow-up and review process; defines the institutional framework for the implementation and follow-up of the global compact within the United Nations, including through the work of the UN High-level Political Forum on Sustainable Development (HLPF); establishes a mechanism to fund migration policies for states that lack enough resources to invest sufficiently in this task; and builds a cooperation-oriented, peer-review mechanism to review migration policies. The paper has been conceived as an input for those who will take part in the negotiation of the global compact for migration, as well as those who will closely follow those negotiations. Thus, the paper assumes a level of knowledge on how international migration has been addressed within the United Nations during the last several years and of the complexities of these negotiation processes. The author took part in different UN negotiation processes on international migration from 2004 to 2013. The paper is primarily based on this experience.[4]
Topic:
International Cooperation, Migration, United Nations, and Refugees
Political Geography:
Global Focus