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381. The Law’s Broken Promises to Stateless Persons

Author:
Jamie Liew
Publication Date:
06-2020
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
Canada is the canary in the coal mine in terms of efforts to combat statelessness among Western democracies. One might assume that Canada would have a sophisticated system for addressing stateless persons—those without any citizen- ship whatsoever in any nation—since its reputation for welcoming refugees is unparalleled. In 1986, Canada won the Nansen Medal, the highest distinction bestowed by the United Nations for aiding refugees.1 Its inland refugee determination system is considered the gold standard all over the world. Furthermore, Canadians have a generous refugee sponsorship program, which allows groups of persons, not just the government, to sponsor overseas refugees. This system is not without its problems. One notable example is that some border crossers at the Canada-United States border are denied the right to a refugee hearing and are consequently in danger of being sent back—before their refugee claim is assessed—to places where they may face persecution and/or torture. Not- withstanding such shortcomings, Canada is a democracy; there are continual efforts to improve the refugee system through dialogue between the courts and the legislature, advocacy and education by lawyers, NGOs, and migrants themselves, and the hard work of civil servants working to improve the system.
Topic:
Migration, Refugee Issues, Democracy, Citizenship, Stateless Population, and Noncitizens
Political Geography:
Canada

382. The Horn of Africa and the refugee field in Dadaab in Kenya

Author:
Juliana Tomiko Ribeiro Aizaw
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Brazilian Journal of African Studies
Institution:
Brazilian Journal of African Studies
Abstract:
The political and economic emancipation in the African continent occurred, mostly, through wars of national liberation, from 1953 to 1960, causing the uprooting of civilians who were in the midst of these conflicts, as in the case of analysis on the Horn of Africa - Somalia. Civil wars, coups d’état, political instability, physical and climatic conditions from Somalia forced the exodus of Somalis to neighboring countries in search of protection and minimum conditions for survival (Silva 2016). Kenya had an open policy for refugees, however after the fall of the military regime in Barré in 1991 it began to receive thousands of Somalis in its territory. Therefore, as a result of this large flow of people, the Kenyan government had to enlist the assistance of the United Nations High Commissioner for Refugees (UNHCR) in search of humanitarian aid. Thus, the Kenyan government began to adopt the refugee camps as an host policy
Topic:
Civil War, Migration, Post Colonialism, Refugee Issues, Refugee Crisis, Displacement, and Coup
Political Geography:
Kenya, Africa, Somalia, and Horn of Africa

383. PROTECTION REGIME FOR ASYLUM APPLICANTS AND REFUGEES IN LAW 10/15 OF JUNE 17, LAW ON THE RIGHT OF ASYLUM AND THE REFUGEE STATUS IN ANGOLA

Author:
Avelino Chico
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Brazilian Journal of African Studies
Institution:
Brazilian Journal of African Studies
Abstract:
Law 10/15 of June 17, the Law on the Right to Asylum and the Status of Refugees in Angola, was approved in a context of peace and political, economic, and social stability. The law came into force at a time when the number of refugees and asylum seekers in the country was growing. Political instability, war, and ethnic violence in neighboring countries such as the Democratic Republic of Congo (DRC) led to the flight of nationals of that country to Angola. In 2016, more than 40,000 Congolese refugees fled ethnic atrocities in Kasai and Central Kasai provinces to seek protection in Angola, joining others who were already welcomed in the country. The majority came from the Republic of theCongo, Rwanda, Burundi, the Ivory Coast, Sierra Leone, the Central African Republic, and Liberia. The reception of these individuals was, and still is, supported by the Angolan Constitution (CRA), which guarantees every foreign citizen or stateless person the right to asylum (CRA, art. 71).
Topic:
Migration, Refugee Issues, Displacement, Asylum, and Stateless Population
Political Geography:
Africa, Angola, and Democratic Republic of Congo

384. Migrations and Security. The Problematic Circularity ‘Philosophy, Law and Politics’

Author:
Giovanni Bombelli
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
This article focuses on the problematic nexus migration-security, which calls into question classical philosophical-legal and political categories (State, law, territory) dating back to the origins of the modernity. The analysis of Hobbes’ and Grotius’ insights allows to grasp the distance between the modern framework and the post-modern scenarios. The contemporary complex societies are characterized by fundamental socio-legal transitions, in particular as regards the notion of “privacy”, and by the progressive implementation of a new model of law and politics relations that is closely connected to the crucial role played by technology. In the light of this horizon, the migration issue, and its relations with the political phenomenon called “populism”, should be fundamentally understood in a cultural perspective even before its immediate sociological, political and legal projections.
Topic:
Security, Migration, Politics, Culture, and Law
Political Geography:
Spain and Global Focus

385. Security vs. Human Dignity: The Migratory Crisis is Knocking on the Door of the Fortress ‘Europe’

Author:
Carlos Espaliú Berdud
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
In view of the magnitude of the migration crisis, the SEGERICO research group at the Nebrija University in Madrid organised a call for papers, inviting all interested researchers to join us in the reflection on these relevant events, which we wanted to describe metaphorically in the image of the migration crisis knocking on the door of Fortress ‘Europe’. As a result of this reflection, we present to the general public, and to the scientific community in particular, a selection of six articles that address specific aspects of this crisis of human dignity and security, but that together provide a global and multi-faceted image of it, in accordance with the composition of our research group.
Topic:
Human Rights, Migration, Governance, European Union, and Refugees
Political Geography:
Europe

386. Ulysses Syndrome: Immigrant Limit Stress / El Síndrome de Ulises: el estrés límite del inmigrante

Author:
Juan Carlos Fernández-Rodríguez, Neidy Zenaida Domínguez Pineda, and Fernando Miralles Muñoz
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
In the development of this work, a presentation has been made of the current conditions that can be found in the migratory process and that have the possibility of giving rise to the appearance of the so-called Ulysses Syndrome or Limit Stress Syndrome, in the immigrant population. In this article, special reference is made to the conditions that can be found today in our country, quantitative data are offered that can form a very approximate idea of ​​the enormous magnitude and importance of this migratory phenomenon. Next, a description of the characteristics of the so-called Ulysses Syndrome or Immigrant Syndrome with Chronic and Multiple Stress has been made. In the development of this work, these main characteristics have been shown, with special emphasis on the appearance of a mourning process and on the stress that Ulysses Syndrome can entail. Likewise, the different areas of personal functioning that may be impaired in immigrants and their similarity to a process of mourning (with the possibility of up to seven different types of mourning) have been commented, mainly due to the different personal issues and the different social factors that immigrants leave in their various countries of origin. Next, the symptoms of Ulysses Syndrome are described and the different areas of involvement of people suffering from this disorder are also described. Lastly, a brief reference is made to the possible therapeutic intervention in people affected by the problems described, both if they are in an adult age or if they are in a young infantile age. As it cannot be otherwise, the Syndrome requires preventive intervention, both at the individual and community level.
Topic:
Migration, Immigrants, and Stress
Political Geography:
Europe and Global Focus

387. Migration and Asylum Policies in the European Union and its Application Problems in the Member States / Las políticas de migración y asilo en la Unión Europea y sus problemas de aplicación en los Estados miembros

Author:
Jordi Regi
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The problem caused by the growing migratory pressure has caused the European Union (EU) one of its most significant crisis of late. A crisis without precedent. Existing asylum and migration policies have not been able to give the necessary and adequate response due to the serious pre-existing migratory problem. A large number of infringement procedures have also been opened against European Union Member States due to this situation, some of them still are still unresolved and submitted to the Court of Justice of the European Union (CJEU). This article analyzes EU's active policies on migration and asylum from a descriptive point of view as a starting point for the study of the implementation problems of these regulations in the wake of the governance crisis caused by the massive entry of immigrants in 2015 as a consequence of the war in Syria and the massive exodus of its refugees. In addition, the crucial role of the EU Council in this matter is studied through the analysis of its growing role and its active intervention policies against migration problems. The EU legislation is also analyzed as well as the United Nations rules on the matter through the study of the conventions on transnational organized crime and human trafficking. The article finally reviews the infringement procedures on the matter, taking as a comparative basis the reports on compliance with EU law from the last two years, concluding with the need to reformulate the aforementioned policies and the degree of member states' involvement, so as to create a common front against the problem analyzed in this article and its future development.
Topic:
Security, Migration, European Union, Refugees, and Asylum
Political Geography:
Europe

388. The Human Security Deficit as a Cause for Migratory and Refugee Flows: The design of an Accurate Response / El déficit de seguridad humana como causa de los flujos migratorios: el diseño de una respuesta precisa

Author:
Gracia Abad Quintanal
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The end of the Cold War has given way to an impressive tranformation of the security concept, which has experienced an incredible expansion over the last few decades. This expansion has also gone hand by hand with the emergence of new concepts which might allow better analysis in this realm. The human security concept stands out among such new concepts as a result of its analytical value, in spite of all the criticism it has received. One of the questions which has become securitized in the context of the mentioned expansion of the security concept is migration. However, even if migrations have been approached too frequently from a traditional security concept based on the state and its sovereignty, the human seecurity concepts seems a much better tool for the analysis of this reality and its causes. In this sense, we cannot forget that people become migrants or refugees because they see questioned their personal security. Likewise, we have to pay attention to the extent to which, the host states and, particularly, their societies, may see their political, economic and societal security in danger. Therefore, the analysis should pay attention to the security challenges of both, host societies and migrants and refugees. Besides, only an analysis on the basis of the human security concept will allow us to come up with an accurate response to the question of migratory and refugee flows, this is a response which pays attention to some key aspects such as conflict prevention and management an growth and development promotion in the countries of origin of migrants and refugees, always in cooperation with those countries themselves. Such un analysis will show the indivisible nature of security and the fact that the security of host societies and that of migrants and refugees, far from being incompatible, go hand by hand.
Topic:
Development, Migration, Refugees, Conflict, and Human Security
Political Geography:
Europe and Global Focus

389. A Comprehensive Framework for Studying Migration Policies (and a Call to Observe Them beyond Immigration to the West)

Author:
Luicy Pedroza
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
This piece is both an exercise in critical conceptual landscaping in the field of Migration Studies and the proposal of an analytical framework that can correct some of its most serious biases. The framework I propose allows the observing of migration policies as if they constituted a comprehensive policy field. This will permit comparisons across the whole spectrum of migration policies on a rigorous basis, and for all countries and regions. I identify two constitutive sides to the proposed framework, each dealing with how state‐like polities regulate the mobility of incoming or outgoing persons. I further suggest that it include regulations on the rights of individuals to pass through three stages of any international migration journey: the right to enter/exit; the rights as immigrant residents/emigrant non‐residents; and, the rights to citizenship and nationality. This comprehensive framework for studying migration policy promises advances for empirical agendas, but also for connecting them to normative ones rooted in global justice and democratic concerns.
Topic:
Human Rights, Migration, Immigration, and Justice
Political Geography:
Global Focus

390. State(s) of Negotiation: Drivers of Forced Migration Governance in Most of the World

Author:
Lea Muller-Funk, Christiane Frohlich, and André Bank
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
Between normative aspirations and national interests, forced migrants often become pawns in host states’ negotiations with internal and external actors. Focusing on North Africa, the Middle East, and the Horn of Africa, this paper offers an analytical framework to better understand forced migration governance across space and time from a more global, pluralist perspective in a logic of iterative theory-building. We hypothesise that some drivers of forced migration governance are distinct from drivers of migration governance – for example, global policy and conceptions of humanitarian norms and principles play a larger role in the former. We hypothesise that while forced migration governance is negotiated around humanitarian principles, in which international actors, externalisation, and civil society play a crucial role, it also functions as a regime strategy and is driven by certain characteristics of forced migrant groups, including size and perceived identity proximity. Finally, forced migration governance is characterised by strong path dependency.
Topic:
Migration, Governance, Displacement, and Humanitarian Crisis
Political Geography:
Global Focus