UNU-CRIS Working Papers

Total Page:16

File Type:pdf, Size:1020Kb

UNU-CRIS Working Papers UNU-CRIS Working Papers W-2008/4 SOCIAL DIMENSION OF INTEGRATION: GUIDELINES FOR AN ACTION PLAN IN THE AREAS OF HEALTH, EDUCATION, HOUSING AND EMPLOYMENT * SELA * Paper prepared for Regional Seminar for Consultation on the Social Dimension of Integration in Latin America and the Caribbean, Caracas, Venezuela, 16 and 17 July 2008, SP/SRC-DSIALC/DT 1-08, reprinted with permission. CONTENTS FOREWORD EXECUTIVE SUMMARY 7 I. INTRODUCTION 9 II. SOCIAL DIMENSION IN INTEGRATION ORGANIZATIONS 10 1. Andean Community (CAN) 10 a) Institutional mechanisms and agreements adopted 10 b) Channels for social actors’ participation 14 c) Mechanisms for citizens’ participation in the Andean Parliament 15 2. Common Market of the South (MERCOSUR) 17 a) Institutional mechanisms and agreements adopted 17 b) Channels for social actors’ participation 22 c) Mechanisms for citizens’ participation in the MERCOSUR Parliament 23 3. Caribbean Community (CARICOM) 23 a) Institutional mechanisms and agreements adopted 23 b) Channels for social actors’ participation 26 c) Mechanisms for citizens’ participation in the Caribbean Parliament 27 4. Central American Integration System (SICA) 27 a) Institutional mechanisms and agreements adopted 27 b) Channels for social actors’ participation 30 c) Mechanisms for citizens’ participation in the Central American Parliament 32 5. Bolivarian Alternative for the Peoples of our Americas (ALBA) 33 a) Institutional mechanisms and agreements adopted 34 b) Channels for social actors’ participation 35 c) Mechanisms for citizens’ participation in legislative bodies 35 6. Union of South American Nations (UNASUR) 35 III. GUIDELINES FOR A REGIONAL PROGRAMME ON SOCIAL DIMENSION OF INTEGRATION 38 1. Some indicators of the relative situation in LAC in the areas of health, education, housing and employment 38 -ii- 2. Experiences with projects related to the areas of health, education, housing and employment in regional integration 42 a) Health 42 b) Education 46 c) Housing 49 d) Employment 50 3. Other aspects of social dimension 53 a) Higher institutionality levels 53 b) Coordinating the external agenda with the internal agenda and regional integration 54 c) Social participation and sense of identity 55 d) Development of cross-border plans 55 e) Effects of climate change and natural disasters 56 IV. CONCLUSIONS 57 V. RECOMMENDATIONS 60 BIBLIOGRAPHY 64 FOREWORD This study is foreseen in Project I.2 of the Work Programme of the Permanent Secretariat for the year 2008, approved during the XXXIII Regular Meeting of the Latin American Council of SELA. First of all, this analytical document summarizes the main programmes, decisions and bodies related to the social dimension of integration which have been adopted or created by the various integration groups existing in Latin America and the Caribbean. In addition to the four traditional subregional integration processes, the study also takes into consideration more recent initiatives such as the Union of South American Nations (UNASUR) and the Bolivarian Alternative for the Peoples of Our Americas (ALBA). Special emphasis is made on the most outstanding limitations and obstacles that so far have prevented these programmes from being more effective. Secondly, the analysis focuses on specific areas (health, education, employment and housing) and other related aspects to social issues, underscoring the progress made within the regional integration schemes and considering some ideas for the guidelines to create a regional programme on social dimension. Finally, the document presents its conclusions and recommendations. This document, as drafted by the Permanent Secretariat of SELA, and its proposals will be submitted for consideration of participants in the Regional Seminar for Consultation on this issue, which will be held on 16 and 17 July 2008, with the participation of representatives of social organizations and specialized organizations with a regional scope. The Permanent Secretariat of SELA wishes to thank consultants Ariela Ruiz Caro, Socorro Ramírez and Francine Jácome, as well as other experts who were consulted, for their valuable contributions to the preparation of this study. EXECUTIVE SUMMARY Subregional integration organizations in Latin America and the Caribbean (LAC) have created mechanisms, and adopted decisions and agreements, which are fundamentally aimed at addressing various aspects related to social development. Except for MERCOSUR, the other subregional integration organizations included, from their very foundation, specific objectives and goals in the social area. During the first half of the nineties, subregional organizations mirrored the economic reforms that were being implemented in their Member States, which were mostly influenced by the multilateral financial organizations and by the agreements adopted in the World Trade Organization (WTO). As authorities in the countries started to pay less attention to various social development areas, integration organizations began to reduce their influence on policy-making as regards issues such as labour, education, migration, social participation and public policies for income redistribution in the region – which is considered as the one with the greatest inequities in the world. Social and environmental issues were not included in the economic reforms of the nineties. At the time, authorities considered that concentrating goods and capital in those sectors prone to make investments and promote savings would improve social well-being, particularly for the poorest working sectors, by adding value to social welfare, creating jobs for those sectors and increasing their income, thus promoting social equity. (Kuznets, 1995; Robinson, 1976). But while those policies brought about macroeconomic balance and a relative modernization of some productive sectors, they also generated a high concentration of economic power as well as greater inequities in income distribution. Moreover, they limited choices as regards State economic policies and, in many cases, according to some analysts, they even weakened the legitimacy of democracy in the region. By the late-1990s, the growing dissatisfaction with the results of the reforms implemented within the framework of economic liberalization gave rise to serious questions about the viability of such reforms to improve development levels. And this paved the way for proposals which, in general terms, sought to outline long-term projects that could serve as the basis for designing State policies that should transcend governments and count on the broadest possible support of society. This was also reflected in the integration processes in LAC. The declarations stemming from the subsequent Presidential Summits of integration organizations began to grant an increasingly important role to the participation of social actors. Thus, the existing consultative bodies in the integration organizations (such as the Economic and Social Forum in MERCOSUR, the Labour and Business Consultative Councils in the Andean Community, the Consultative Committee of SICA, and the Joint Consultative Group of CARICOM) gained relevance and, to a certain extent, were taken into account in decision-making. Other important participation bodies emerged, such as We are MERCOSUR, and subregional networks of NGOs, indigenous groups, cities and municipalities were created, among other bodies. Nevertheless, the region witnessed a phenomenon similar to the one seen in the coordination mechanisms or National Agreements in force in some countries of the region, in the sense that the general guidelines established in them were not of a binding nature for defining public policies. This means, that these bodies for participation of social organizations have not had efficient coordination channels with decision-making organs in the regional integration process. Another important aspect that should be noted in analyzing the issue of social dimension of integration in LAC is that the subsidiarity principle is one of the criteria governing social policies promoted by integration organizations (particularly in the Andean Community and SICA). According to this principle, communitarian bodies must take action only to perform those tasks that can be accomplished in a more effective way than through national mechanisms. Thus, the subsidiarity principle includes those activities that can be coordinated or executed at the communitarian level in order to add substantial value to national policies, which are basically outlined and implemented within each country. Generally speaking, the progress made as regards the development of the social dimension of integration is still limited. There is not a clear definition about the objectives and the role of social issues in the integration process. Although some projects have been materialized – basically in the areas of health and education – there is not a well-defined and consistent strategy which can be considered as an essential element of the region’s development strategies. Moreover, there is a high degree of dissatisfaction among social organizations in the region – even among that that form part of official consultation bodies – with respect to their impact on the analyses and definition of development policies and regional integration. In addition, the results as regards joint social policies – for instance, social charters or their inclusion in negotiation clauses – show limited progress. And the proposals and contents of the declarations stemming from the Presidential Summits that are regularly
Recommended publications
  • Trade Agreement Between the European Union and Colombia and Peru
    Trade agreement between the European Union and Colombia and Peru European Implementation Assessment STUDY EPRS | European Parliamentary Research Service Editor: Anna Zygierewicz Ex-Post Evaluation Unit PE 621.834 – July 2018 EN Trade agreement between the European Union and Colombia and Peru European Implementation Assessment On 29 November 2017, the Committee on International Trade (INTA) of the European Parliament requested authorisation to undertake an own-initiative report on the implementation of the trade agreement (TA) between the EU and Colombia and Peru (2018/2010 (INI). Santiago Fisas Ayxelà (EPP, Spain) was appointed rapporteur. This European implementation assessment has been provided to accompany the work of the INTA committee in scrutinising the implementation of the agreement. This European implementation assessment (EIA) consists of two parts. The in-house opening analysis (Part I) outlines the process leading to the signature of the trade agreement between the EU and Colombia and Peru. It also presents the socio-economic situation in Colombia and Peru and relations between the EU and Colombia and Peru, as well as relations between the EU and the Andean Community. The research paper prepared by external experts (Part II) presents a detailed analysis of trade in goods and services and foreign direct investments. The paper also evaluates, in detail, the implementation of the trade and sustainable development chapter of the trade agreement in both Colombia and Peru. Finally, the paper provides recommendations for the improvement of the implementation of the trade agreement. EPRS | European Parliamentary Research Service AUTHORS Part I: The opening analysis has been prepared by Dr Anna Zygierewicz, Ex-Post Evaluation Unit, EPRS.
    [Show full text]
  • Economic Asymmetry and Institutional Shortfall in Mercosur: Predictions For
    Economic asymmetry and institutional shortfall in Mercosur: predictions for deepening Mercosur integration Master in Advanced European and International Studies – MAEIS Anglophone Branch Academic year 2012-2013 Master thesis Author: F.E. Bakker Supervisor: M. Waechter June 2013 Master Thesis Master in Advanced European and International Studies Author: Fleur Bakker Supervisor: M. Waechter June 2013 Table of content List of tables..............................................................................iii List of Abbreviations.................................................................iv 1. Introduction……………………………………………………1 1.1 Scope and structure……………………………………………………1 1.2 Research question……………………………………………………..3 2. The Southern Common Market (MERCOSUR)……………….4 2.1 A growing alliance between Brazil and Argentina: the origins and evolution of Mercosur…………………………………………………5 2.2 The neo-liberal years…………………………………………………..6 2.3 The start and transition period of Mercosur towards a crisis………….7 2.4 The crisis years of Mercosur…………………………………………..9 2.5 The turn to the left…………………………………………..………..11 3. The institutional framework of Mercosur and the European Union…………………………………………………...…….12 3.1 The decision making bodies within Mercosur…………………………....12 3.1.1 Parliamentary power in Mercosur……………………………..…...13 3.1.2 Popular representation in Mercosur…………………………...…..15 3.1.3 The Secretariat of Mercosur and its powers…………………....…16 3.1.4 Judiciary power within Mercosur………………………………….16 3.1.5 Mercosur’s legal system……………..………………………….....18 3.2.1
    [Show full text]
  • Latin America and the Caribbean
    LATIN AMERICA AND THE CARIBBEAN The EU’s relations with Latin America and the Caribbean are multifaceted and conducted at different levels. The EU interacts with the entire region through summits of the heads of state and government, while agreements and political dialogue bind the EU and the Caribbean, Central America, the Andean Community, Mercosur and individual countries. LEGAL BASIS — Title V (EU external action) of the Treaty on European Union; — Titles I-III and V (common commercial policy; development cooperation and humanitarian aid; international agreements) of the Treaty on the Functioning of the European Union. REGION-TO-REGION RELATIONS A. The summits The first summit between the EU, Latin America and the Caribbean was held in Rio de Janeiro in June 1999 and established a Bi-regional Strategic Partnership. The most recent biennial summit, held in June 2015 in Brussels, was the second between the EU and the Community of Latin American and Caribbean States (Comunidad de Estados Latinoamericanos y Caribeños, CELAC). The summits strengthen links between the two regions at the highest level and address issues on the bi-regional and international agendas. Debates have focused on topics such as democracy and human rights; fighting poverty; promoting social cohesion, innovation and technology; and the environment and climate change. The Brussels summit adopted a short political declaration, a longer declaration on the different aspects of the partnership and an EU- CELAC action plan, based on the priorities established by the recent
    [Show full text]
  • EU Trade with Latin America and the Caribbean Overview and Figures
    EU trade with Latin America and the Caribbean Overview and figures IN-DEPTH ANALYSIS EPRS | European Parliamentary Research Service Authors: Gisela Grieger and Roderick Harte Members' Research Service PE 625.186 – September 2018 EN This publication provides an overview of trade relations between the EU and Latin American and Caribbean countries and groupings. The EU has fully fledged agreements with two Latin American groupings (Cariforum and the Central America group), a multiparty trade agreement with three members of the Andean Community (Colombia, Ecuador, and Peru), and bilateral agreements with Chile and Mexico. Since November 2017, a new agreement governing trade relations with Cuba has also been provisionally applied. In addition, the EU is currently modernising its agreements with Mexico (with which it has reached an 'agreement in principle') and Chile. The EU also has framework agreements with Mercosur and its individual members (Argentina, Brazil, Paraguay, and Uruguay). The agreement with the former will be replaced, once the ongoing negotiations on an EU-Mercosur association agreement have been completed. This publication provides recent data on trade relations between the EU and Latin American and Caribbean countries and groupings, compares the main agreements governing trade relations that are already in place, and analyses the rationale behind the ongoing negotiations on the EU-Mercosur, EU-Mexico and EU-Chile agreements. This paper has been drawn up by the Members' Research Service, within the Directorate-General for Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament. To contact the authors, please email: [email protected] Original manuscript, in English, completed in September 2018.
    [Show full text]
  • Redalyc.Mercosur, the Role of Ideas and a More Comprehensive Regionalism
    Colombia Internacional ISSN: 0121-5612 [email protected] Universidad de Los Andes Colombia Caballero Santos, Sergio Mercosur, the Role of Ideas and a More Comprehensive Regionalism Colombia Internacional, núm. 78, mayo-agosto, 2013, pp. 127-144 Universidad de Los Andes Bogotá, D.C., Colombia Available in: http://www.redalyc.org/articulo.oa?id=81228083005 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative Mercosur, the Role of Ideas and a More Comprehensive Regionalism ABstract Mercosur’s political agenda experienced a “redefinition” after the 1999-2002 regional crisis. The emergence of issues related to pre-existing asymmetries and the creation of a regional Parliament, amongst other things, show the importance of the new sociopolitical agenda since 2003. Thus, a broader and more comprehensive scope which includes an ideational approach is required. Nevertheless, according to presidential discourses, more steps forward should be expected in South American regional integration. KEYwords Mercosur • constructivism • regional integration • ideational approach Mercosur: el papel de las ideas y un regionalismo más abarcante RESUMEN La agenda política del Mercosur ha experimentado una suerte de “redefinición” después de la crisis regional de 1999-2002. La emergencia de temas relacionados con las asimetrías regionales prexistentes y la creación de un parlamento del Mercosur, entre otras cosas, muestran la importancia de la nueva agenda sociopolítica desarrollada a partir de 2003. Por ello, se requiere la incorporación de un enfoque más amplio y abarcador que se acerque desde lo ideacional.
    [Show full text]
  • Security-Migration Nexus
    REPORT Security-Migration Nexus To what extent have the Global Compacts on Refugees and Migration contributed to the establishment of a global regime focused on humanitarianism or securitization? An examination of the impact of the preparation and implementation of the GCM and GCR in Central and South America Project: GLOBE – The European Union and the Future of Global Governance GA: 822654 Call: H2020-SC6-GOVERNANCE-2018 Funding Scheme: Collaboration Project 1 DISCLAIMER This project has received funding from the European Union’s Horizon 2020 Research & Innovation programme under Grant Agreement no. 822654. The information in this deliverable reflects only the authors’ views and the European Union is not liable for any use that may be made of the information contained therein. DISSEMINATION LEVEL: Confidential Due date: 05 February 2021 Submission date: 15 March 2021 Lead beneficiary: IBEI Authors: Andrea C. Bianculli, Miriam Bradley, Robert Kissack, Juan Carlos Triviño-Salazar Correction: this is a revised version of the report clarifying that SDG 10.7 was to ‘Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies’ 2 Contents List of acronyms ............................................................................................................ 4 1. Introduction ........................................................................................................... 6 2. Mapping and methodology of the paper .............................................................
    [Show full text]
  • European Parliament
    EUROPEAN PARLIAMENT 2004 2009 Session document 16.4.2008 B6-0173/2008 MOTION FOR A RESOLUTION following statements by the Council and Commission pursuant to Rule 103(2) of the Rules of Procedure by Willy Meyer Pleite, Helmuth Markov, Giusto Catania, Jens Holm, Ilda Figueiredo, Pedro Guerreiro on behalf of the GUE/NGL Group on the Fifth EU-LAC Summit in Lima RE\719493EN.doc PE401.473v01-00 EN EN B6-0173/2008 European Parliament resolution on the Fifth EU-LAC Summit in Lima The European Parliament, – having regard to the declarations of the four Summits of Heads of State and Government of Latin America and the Caribbean and the European Union held to date, respectively in Rio de Janeiro (28 and 29 June 1999), Madrid (17 and 18 May 2002), Guadalajara (28 and 29 May 2004) and Vienna (12 and 13 May 2006), – having regard to the joint communication of the 13th Ministerial Meeting of the Rio Group and the European Union, held in Santo Domingo (Dominican Republic) on 20 April 2007, – having regard to the joint communication of the Ministerial Meeting of the San José Dialogue between the EU troika and the ministers of the countries of Central America, held in Santo Domingo (Dominican Republic) on 19 April 2007, – having regard to the Final Act of the 17th EU-Latin America Interparliamentary Conference, held in Lima from 14 to 16 June 2005, – having regard to its resolutions of 15 November 2001 on a Global Partnership and a Common Strategy for Relations between the European Union and Latin America and of 27 April 2006 on a stronger partnership between the European Union and Latin America, – having regard to the resolutions of the Euro-Latin American Parliamentary Assembly of 20 December 2007, – having regard to Rule 103(2) of its Rules of Procedure, A.
    [Show full text]
  • Redalyc.Differentiation Theory and the Ontologies of Regionalism In
    Revista Brasileira de Política Internacional ISSN: 0034-7329 [email protected] Instituto Brasileiro de Relações Internacionais Brasil Kleinschmidt, Jochen; Gallego Pérez, Pablo Differentiation theory and the ontologies of regionalism in Latin America Revista Brasileira de Política Internacional, vol. 60, núm. 1, 2017, pp. 1-21 Instituto Brasileiro de Relações Internacionais Brasília, Brasil Available in: http://www.redalyc.org/articulo.oa?id=35849807016 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative Differentiation theory and the ontologies of regionalism in Latin America https://doi.org/10.1590/0034-73292017001018 Rev. Bras. Polít. Int., 60(1): e017, 2017 Revista Brasileira de Abstract Política Internacional In this article, we argue that conventional understandings of regional ISSN 1983-3121 integration based on neo-functionalism, hitherto often used to describe http://www.scielo.br/rbpi the diverse projects of Latin American regionalism, are of limited utility in that context. Rather than representing processes of economic or political unification, the various regionalisms could be understood more productively Jochen Kleinschmidt Universidad del Rosario, Facultad de as a reaction to the crisis in legitimacy that social orders in the region have Ciencias Políticas, Bogota, Colombia experienced under the conditions of globalized modernity. We then deploy ([email protected]) an understanding of regionalism derived from sociological differentiation ORCID ID: orcid.org/0000-0003-0730-6494 theory in order to advance this argument. Pablo Gallego Pérez Keywords: Differentiation Theory; Regional Integration; International Relations Universidad EAFIT, Departamento de Theory; Latin America; Regionalism; World Society.
    [Show full text]
  • The Mercosur Experience and Theories of Regional Integration Carlos Ricardo Caichiolo
    Contexto Internacional vol. 39(1) Jan/Apr 2017 http://dx.doi.org/10.1590/S0102-8529.2017390100006 The Mercosur Experience and Theories of Regional Integration Carlos Ricardo Caichiolo Carlos Ricardo Caichiolo* Abstract: This article examines the degree to which Mercosur conforms with theories of regional integration, taking into consideration its institutionalisation, its particular characteristics, the char- acteristics of its member states, and its impact on policy arrangements among those member states. It also compares Mercosur to the European Union. I conclude that theories of integration fail to provide a full explanation of the process of regional integration in Mercosur. Keywords: Mercosur; Theories of Integration; Neofunctionalism; Liberal Intergovernmentalism; Civil Society; Economic Interdependence. Introduction The mechanisms of liberal intergovernmentalism refer to the impact of increasing ex- change on the ability of states to deal with higher levels of complex interaction. The uni- versal need for states to export some goods and services leads to trade liberalisation which, in turn, promotes regional integration. Mercosur is one of the biggest regional integration schemes in the world. The fact that it has existed for about a quarter of a century attests to the fact that it has positioned itself successfully and effectively in the international com- munity. However, it has not managed to avoid the problems typically experienced by re- gional integration schemes. Despite some initial success in its earlier years, it is currently experiencing serious technical problems that could hamper its further development. The formation of additional instruments in recent years – which could be described as ‘insti- tutional hypertrophy’ – has not worked to resolve these problems and advance the process of regional integration.
    [Show full text]
  • Redalyc.Addressing Human Rights in the Court of Justice of the Andean Community and the Tribunal of the Southern African Develop
    Colombia Internacional ISSN: 0121-5612 [email protected] Universidad de Los Andes Colombia Molano-Cruz, Giovanni; Kingah, Stephen Addressing Human Rights in the Court of Justice of the Andean Community and the Tribunal of the Southern African Development Community Colombia Internacional, núm. 81, mayo-agosto, 2014, pp. 99-127 Universidad de Los Andes Bogotá, D.C., Colombia Available in: http://www.redalyc.org/articulo.oa?id=81231284006 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative Addressing Human Rights in the Court of Justice of the Andean Community and the Tribunal of the Southern African Development Community Giovanni Molano-Cruz Universidad Sergio Arboleda (Colombia) Stephen Kingah UNU-CRIS (Belgium) DOI: dx.doi.org/10.7440/colombiaint81.2014.04 RECEIVED: November 28, 2012 ACCEPTED: April 3, 2013 REVISED: February 10, 2014 ABSTRACT: The article compares how the regional tribunals of the Andean Community (CAN) and the Southern African Development Community (SADC) have dealt with human rights issues in order to explore options for South-South judicial cooperation through adjudicative cross-fertilization, while taking into account specificities that characterize both regions. In doing so, focus is placed on four elements: a) the scope of human rights covered by each of the regional tribunals; b) the locus standi of individuals before the tribunals; c) the added value of the regional tribunals; and d) the restrictive role of politics in the functioning of the tribunals.
    [Show full text]
  • A Comparative Reassessment of Regional Parliaments in Latin America: Parlasur, Parlandino and Parlatino
    A comparative reassessment of regional parliaments in Latin America: Parlasur, Parlandino and Parlatino DOI: http://dx.doi.org/10.1590/0034-7329201600115 Revista Brasileira de Rev. Bras. Polít. Int., 60(1): e007, 2017 Política Internacional ISSN 1983-3121 Abstract http://www.scielo.br/rbpi The present article assesses and compares the MERCOSUR Parliament, the Karina Pasquariello Mariano Andean Parliament, and the Latin American Parliament as instruments to insert Universidade Estadual Paulista, Faculdade political representation and parliamentarians in their respective integration de Ciências e Letras, Araraquara – SP, Brazil projects. It is argued that the development of regional parliaments in Latin ([email protected]). America, however, has not produced substantial changes in regional decision- ORCID ID: making processes, which remain the exclusive domain of intergovernmental orcid.org/0000-0002-4559-918X or interpresidential exchanges. Regiane Nitsch Bressan Keywords: Regional integration; Latin America; Democracy; MERCOSUR Universidade Federal de Sao Paulo, Escola Paulista de Política, Economia e Parliament; Andean Parliament; Latin American Parliament. Negócios, São Paulo - SP, Brazil ([email protected]). ORCID ID: orcid.org/0000-0002-7101-793X Received: May 19, 2016 Accepted: October 6, 2016 Bruno Theodoro Luciano University of Birmingham, Political Science and International Studies, Birminghan, United Kingdom ([email protected]). ORCID ID: orcid.org/0000-0002-1276-6076 Introduction egional integration processes in
    [Show full text]
  • 5) Working Paper “International Law and Migration Detention: Coding State Adherence to Norms” TABLE of CONTENTS Introduction
    5) Working paper “International Law and Migration Detention: Coding State Adherence to Norms” TABLE OF CONTENTS Introduction Vincent Chetail I A Normative Framework for Immigration Detention Izabella Majcher II Establishing Indicators for Norm-based Assessments of Immigration Detention Mariette Grange III Freedom versus Security: How Different Norms Interact with Policy Choices Michael Flynn Conclusion References 15 Introduction Migration-related detention is a widespread, yet partially documented, phenomenon. While detention is one of the main tools used by states to control access to their territory and to manage their borders, the international normative framework is plagued by recurrent ambiguities and misunderstandings. At the same time, detention of migrants has increasingly become the target of criticism from experts and advocates, who charge that those involved in the treatment of detainees consistently fail to abide by established international norms. Against such a background, the tasks carried out by the SNIS project have been threefold. The first objective of the SNIS research project has been to identify, refine and classify the myriad of international rules governing detention of migrants. The overall result of our endeavor is to provide a comprehensive and well-accepted legal framework able to guide the different actors involved in this controversial field. The second objective of the research has been then to provide tools for assessing state behavior regarding migration detention. With this objective in mind the research team has identified and developed indicators for recording and measuring states’ commitments to international legal norms, as well as implementation efforts at the domestic level. The third and last task has been to collect the two above mentioned results into an online database making information on detention practices available to any person interested in the matter.
    [Show full text]