Governing Protracted Displacement
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www.ssoar.info Governing protracted displacement: an analysis across global, regional and domestic contexts Ferreira, Nuno; Jacobs, Carolien; Kea, Pamela; Hendow, Maegan; Noack, Marion; Wagner, Martin; Adugna, Fekadu; Alodat, Ali Musleh; Ayalew, Tekalign; Etzold, Benjamin; Fogli, Camilla; Goumenos, Thomas; Hatziprokopiou, Panos; Javed, Muhammad Mudassar; Kamanga, Khoti Chilomba; Kraler, Albert; Momani, Fawwaz Ayoub; Roman, Emanuela Veröffentlichungsversion / Published Version Arbeitspapier / working paper Empfohlene Zitierung / Suggested Citation: Ferreira, N., Jacobs, C., Kea, P., Hendow, M., Noack, M., Wagner, M., ... Roman, E. (2020). Governing protracted displacement: an analysis across global, regional and domestic contexts. (TRAFIG Working Paper, 3). Bonn: Bonn International Center for Conversion (BICC). https://nbn-resolving.org/urn:nbn:de:0168-ssoar-68871-0 Nutzungsbedingungen: Terms of use: Dieser Text wird unter einer CC BY-NC-ND Lizenz This document is made available under a CC BY-NC-ND Licence (Namensnennung-Nicht-kommerziell-Keine Bearbeitung) zur (Attribution-Non Comercial-NoDerivatives). For more Information Verfügung gestellt. Nähere Auskünfte zu den CC-Lizenzen finden see: Sie hier: https://creativecommons.org/licenses/by-nc-nd/3.0 https://creativecommons.org/licenses/by-nc-nd/3.0/deed.de Governing protracted displacement An analysis across global, regional and domestic contexts Nuno Ferreira, Carolien Jacobs, Pamela Kea, Maegan Hendow, Marion Noack, Martin Wagner, Fekadu Adugna, Ali M. Alodat, Tekalign Ayalew, Benjamin Etzold, Camilla Fogli, Thomas Goumenos, Panos Hatziprokopiou, Md. Mudassar Javed, Khoti C. Kamanga, Albert Kraler, Fawwaz A. Momani, Emanuela Roman TRAFIG working paper no.3 • 01/2020 TRAFIG working paper no.3 • 01/2020 • 2 SUMMARY CONTENTS This working paper explores the governance of protracted displacement across global, regional and Introduction 3 domestic levels in the context of the project “Trans- national Figurations of Displacement” (TRAFIG). The 1. Governing displacement in the global context 5 multiple contemporary crises that have led to forced 1.1 In the global context 5 displacement show not only the limits of a tight defini- 1.2 In and through regions 8 tion of ‘refugee’ but also highlight the gaps in interna- tional protection frameworks. A significant number of 2. Governing displacement in Europe 10 those forcibly displaced are in protracted displacement 2.1 Governing protection 10 situations. 2.2 Exercising rights and accessing services 14 This paper is an effort to make sense of the legislative 2.3 Mobility and transnational dimensions of displacement 18 and policy frameworks of protection that apply glob- ally, regionally and domestically, and the way in which 3. Governing displacement in East Africa and these frameworks facilitate or hinder solutions for the Horn of Africa 22 people in protracted displacement. We evaluate how 3.1 Governing protection 22 these frameworks contribute (directly or indirectly) to 3.2 Exercising rights and accessing services 24 resolving or creating protracted displacement, assess 3.3 Mobility and transnational dimensions of displacement 25 how they contribute to relevant policy developments and identify engagement trends and (unintended) 4. Governing displacement in the Middle East 28 effects. Along the way, we also draw comparative 4.1 Governing protection 28 insights across different global, regional and domestic 4.2 Exercising rights and accessing services 30 levels, including eight different countries that host large 4.3 Mobility and transnational dimensions of displacement 30 groups of displaced people and are the focus of the TRAFIG project: Greece, Germany and Italy in Europe; 5. Governing displacement in South Asia 32 Ethiopia, the Democratic Republic of the Congo (DRC) 5.1 Governing protection 32 and Tanzania in Africa; and Jordan and Pakistan in Asia. 5.2 Exercising rights and accessing services 33 We explore some selected gaps in the current systems 5.3 Mobility and transnational dimensions of displacement 33 of governance of displacement while concentrating on three key perspectives: governing protection, exer- 6. Selected protection gaps 35 cising rights and accessing services, and mobility and 6.1 Balancing between international and national demands 35 transnational dimensions of displacement. 6.2 Balancing between short-term relief and long-term We conclude with ten key messages regarding the solutions 35 shortcomings of the current governance system of 6.3 Uniform legislation, differential treatment 36 displacement. They highlight the need for stronger stakeholder collaboration, integration of global and Conclusions 37 local policies, enhanced focus on IDPs, investment in progressive regional policies, redesign of EU policies to Bibliography 40 avoid promotion of protracted displacement, greater Acronyms and abbreviations 48 ownership of processes and resources, de-politicisation About the authors 48 of displacement policies, alignment of durable solu- tions with development-oriented interventions and realisation of the development potential of refugee integration. They also focus on mobility and translocal connectivity as a fourth durable solution to protracted displacement. KEYWORDS Protracted displacement; protracted refugee situations; refugees; IDPs; governance; mobility; social integration; economic impact TRAFIG working paper no.3 • 01/2020 • 2 TRAFIG working paper no.3 • 01/2020 • 3 Introduction This working paper explores the governance of protracted dis- governance frameworks address some of the gaps in governing placement at global, regional and domestic levels in the context displacement at the global level; other gaps, however, remain. of the project “Transnational Figurations of Displacement” An ever-increasing number of displaced people are forced (TRAFIG). The overall objective of TRAFIG is to contribute to navigate between strict and often artificial governance to the development of alternative solutions to protracted frameworks that may not offer (highly individual) protection displacement that are better tailored to the needs and capaci- needs and solutions. As a result, many displaced people find ties of the persons affected. In our reading, current policies do themselves—despite the good intentions of many actors—in not adequately address the challenge of forced displacement protracted displacement and thus in situations in which their and, in particular, fail to offer long-term perspectives for those basic human rights remain unfulfilled. refugees and internally displaced persons (IDPs) who live in situations of vulnerability, dependency and legal insecurity This paper is an effort to make sense of the legislative and due to continuous cycles of displacement and a lack of durable policy frameworks of protection that apply globally, regionally solutions.1 Numerous studies have shown the significance (in TRAFIG’s focal regions Europe, East Africa and the Horn of social networks and both intra-regional and international of Africa, the Middle East and South Asia) and domestically mobility for displaced persons (Etzold, Belloni, King, Kraler, & (in our eight focal countries that host large groups of displaced Pastore, 2019). Building on these insights, the project seeks to people: Greece, Germany and Italy in Europe; Ethiopia, the answer the questions whether and how protracted displacement, Democratic Republic of the Congo (DRC) and Tanzania in dependency and vulnerability are related to the factors of trans- Africa; and Jordan and Pakistan in Asia). local connectivity and mobility, and, in turn, how connectivity and mobility can contribute to enhancing self-reliance and We address the following questions: strengthening the resilience of displaced people. • Who are the actors designing and implementing the protec- tion of displaced people? The international community entrusts the main responsibility • How do legislative and policy frameworks facilitate or to enforce respect for people’s human rights to states. States are, hinder solutions for displaced people and thus, how do they above all, responsible for their own citizens, but also for people contribute (directly or indirectly) to resolving or protracting who are residing on their territory. To compensate for situations displacement situations? where a state is either not able or willing to guarantee human • Which are the most relevant policy developments and trends rights, the international community has developed a set of in humanitarian engagement, and what are their (unintended) international agreements and entrusted international organisa- effects? tions with monitoring and advocating for their implementation. However, as pointed out by Kälin (2014), by virtue of state sov- We developed our analysis against the background of the ereignty, the international community is not entitled to replace theoretical framework adopted by the TRAFIG project, reliant national authorities in carrying out certain tasks but may play a in particular on the notion of social figurations, as developed subsidiary role in supporting or complementing governmental by the German sociologist Elias (Etzold et al., 2019). Conse- protection. quently, our particular focus will be on social figurations that are shaped at the meso-level of refugees’ and IDPs’ experiences Formal governance structures usually address one or a limited and their families and networks. We also rely on the notion number of displacement situations. They often respond to adopted by the TRAFIG project