VOLUME 8, NO. 2 • JANUARY 2020 OXFORD MONITOR OF FORCED MIGRATION Oxford Monitor of Forced Migration The Oxford Monitor of Forced Migration (OxMo) is a bi-annual, independent, academic journal engaging in a global intellectual dialogue about forced migration with students, researchers, academics, volunteers, activists, artists, as well as those displaced themselves. By monitoring policy, legal, political and academic developments, OxMo draws attention to the realities of forced migration and identifies gaps in refugee protection.
Editorial Board Editors-in-Chief Chloe Marshall-Denton Lena Kainz
First Hand Editors Vicky Taylor Fatima Zehra Naqvi Erica Sewell Timo Schmidt
Academic Editors Andrea Ortiz Lucy Boddington Lorna Morris
Field Monitor Editors Danilo Zak Anne Schnitzer Jun Pang Olivia Johnson
Policy Monitor Editors Alexandra Biggs Amy Fallon Jorica Pamintuan
Law Monitor Editors Louisa Yasukawa Mia Haas-Goldberg
Artistic Expression Editors Chloe Marshall-Denton Lena Kainz
Disclaimer Opinions expressed by authors in OxMo do not necessarily reflect the views of the Board of Editors. Articles published in OxMo do not represent the views of the Refugee Studies Centre or the University of Oxford. Copyright for articles published in OxMo rests with the author(s). Materials may be downloaded, re- produced, and circulated in entirety provided that the title, author, and source (OxMo) is acknowledged. Unless indicated otherwise, the photos featured with each article were taken by the author(s).
The photo on the front and back cover featured on this issue were taken by Stephen Dover.
A special thank you to Jorica Pamintuan for the graphic design of this issue.
For more information about OxMo’s past issues and upcoming deadlines, visit our website www.oxforcedmigration.com or follow us on Twitter: @oxmofm Table of Contents Foreword v Chloe Marshall-Denton and Lena Kainz
FIRST HAND SECTION Why Resettlement? 1 Heba and Nour
Self and Self-Reliance 5 Gerawork Teferra
POETRY Why I Leave Home 9 ቤተይ ገዲፈ Yohana Tekeste
Sister 11 Celeste Cantor-Stephens
And Then It Rained 16 Carla Sofia Ferreira Fernandes
LAW MONITOR More Rights, Less Justice: Tribal Communities and the Indian Republic 18 Prashant Singh and Meghna Sharma
‘Indigenous Peoples’ Rights in the Context of Borders, Migration and 24 Displacement’: A UN Study on Indigenous Migration Anne-Céline Leyvraz
POLICY MONITOR When ‘Qualifying’ as a Refugee Gets You Permanent ‘Illegal’ Status in 30 Hong Kong Annie Li
The Politics of Exhaustion: Immigration Control in the British-French 33 Border Zone Marta Welander
Eight Years of Displacement: Syria’s Statelessness Still Unidentified 39 Thomas McGee and Zahra Albarazi
ii Water Scarcity and Environmental Displacement in Southern Iraq: 45 Perceptions and Realities Tiba Fatli
FIELD MONITOR 54 Remembering the Camps: Portuguese De-Colonization, Competing Colonialisms in Mozambique, and Deportation to India Nafeesah Allen 62 Reflective Practice and the Contribution of Refugee-Researchers to Critical Understandings of the Refugee Integration Process Veysi Dag 68 A Model of Protracted Suffering among Refugees on the Greek Islands: The Case of Chios Mohamad Alhussein Saoud and Marta Welander
ACADEMIC SECTION The Picture from Above: Using Satellite Imagery to Overcome 75 Methodological Challenges in Studying Environmental Displacement Alison Heslin and Lisa Thalheimer
Challenges to the Governance of the Return of Victims Abroad to 88 Colombia Paul de Ryck and Stéphanie López Villamil
Regionalisation Versus Securitisation: The Pending Fate of the Refugee 103 Protection Regime in Central America Brianna Gómez Castro
Between Torture and Hiding: The North Korean Migration Case in 122 China Phillip Kraeter
Beyond the ‘Women-and-Children’ Bias in Human Trafficking: A Study 132 of Haitian Migrants in the Dominican Republic Jean-Pierre Murray
Artistic and Creative Expressions Journey Signs of Asylum Seeking 151 Ernest Zhanaev
iii Foreword
Dear Reader, In this issue, we feature twenty contributions from thinkers around the world on issues cutting across policy, law, and research in the field of forced migration studies. Continuing OxMo’s long-standing tradition of offering space for critical and oft- neglected perspectives in the global discourse on displacement, several of this issue’s authors contribute their personal critiques, insights, and policy recommendations from their own experience of displacement. In the first hand section, two resettled refugees in the UK make the case for scaling up resettlement, while a resident of Kakuma refugee camp urges us to rethink self-reliance strategies in Kenya and beyond. Together, they reflect on the role and potential of policy in enabling displaced individuals to shape and reconstitute meaningful lives in and beyond displacement. Contributors to the Artistic and Field sections further explore themes of integration, bureaucracy, and discrimination from the perspective of researchers who have experienced asylum and integration first hand. While the photography taken by a Kyrgyz researcher during his personal journey through the British asylum system explores the materiality of bureaucracy and everyday life, another contribution reflects on the positionality, practice, and experiences ofa refugee-researcher addressing bottom-up integration in Europe. This issue’s contributions speak to varied geographical, as well as historical, contexts: from competing forms of colonialism in Mozambique to contesting power at the British- French border zone; they offer broader theoretical insights into the displacement, contestation, and injustices to which coercive practices of colonialism and border enforcement have given rise. The issue further shines a new light on long-standing challenges, such as the statelessness of Syrians and the protracted suffering of refugees on Greek islands. Throughout the volume, our contributors continue to expose gaps and challenges in the current protection regimes for displaced individuals, whether it be the legal limbo of refugees in Hong Kong, protection challenges of North Koreans in China, limitations of the legal framework on indigenous migration, or the pending fate of the refugee regime in Central America. The issue also considers nascent themes in the study of forced migration, in particular focusing on climate-induced displacement. Encouraging an understanding of environmental displacement both from ‘below’ and ‘above’, our authors in turn explore the link between water scarcity and mobility in southern Iraq - urging for greater understandings of local perspectives on climate-displacement - and share their reflections on the use of satellite imagery to overcome methodological challenges in studying this form of displacement. These different perspectives contribute to a burgeoning conversation on environmental displacement and provide avenues for better understanding and responding to environmental distress. As in our previous issue, we are proud to feature artistic and creative expressions and to publish pieces in different languages. This time, we would like to draw your attention to poetry featured in both English and Tigrinya written by an Eritrean refugee in Ethiopia, as well as English-language poems drawing on themes of displacement, migration, and family.
iv Finally, we would like to thank everyone who has worked tirelessly over the past months to put together OxMo’s Volume 8.2, not least the editors and authors without whom this issue would not have been possible. We would also like to express our gratitude to the staff and faculty of the University of Oxford for their continued and strong support of OxMo. We hope you will find joy, inspiration, as well as food for thought and action in engaging with the ideas, images, critical reflections, and personal stories of OxMo’s Volume 8.2.
Enjoy reading!
Chloe Marshall-Denton & Lena Kainz Co-Editors-in-Chief Oxford Monitor of Forced Migration
v Why Resettlement? Heba and Nour1
We are Nour and Heba, Syrian host country, we could rebuild our life refugees who resettled from Jordan to there. However, it was difficult to support Wales in August 2018. We have been our living costs since our legal status did refugees for seven years. The war not permit us to work. destroyed everything in our lives, our houses, our jobs, and our dreams. We Nour: In Jordan, I was lucky to lost some of our relatives. The war has continue my university education scattered our siblings across the world in accounting. Most Syrians without and we lost the simplest right to live any identity documents were not together as a family. Two of our brothers allowed to go to school. It took are in Saudi Arabia and we have not seen three years to get my ID and enroll them for nine years. Our other brother is in school, which is a huge amount in Germany. We still feel the impact of of time in a person’s life. I was lucky war, especially during Ramadan, which because my brother was able to we cannot celebrate as before because financially support my university it should be celebrated with family. attendance since I had to pay for Nonetheless, we are fortunate for the the university each term. UNHCR resettlement programme, which transfers refugees to a country that has Heba: Even though I already have agreed to admit them and provide experience and certificates in permanent protection, and to relocate accounting from Syria, it was illegal to the United Kingdom (UK). for me to work as a refugee in Jordan. We are involved in the VOICES I was frustrated and felt that this rule Network, which is a network of refugees is unfair. Most refugees who tried and asylum seekers in the UK. As to work illegally were exploited by VOICES Ambassadors we are happy really low salaries and long working to share our experience with the hope hours. If the government caught that our stories will inform policies them working, they would be sent and services, influence news stories to back to their home country. portray the realities of refugees and counteract negative and politicized We joined a volunteering group sentiments about refugees in countries which provided services and aid for of resettlement. We want to share our refugee families at the Jordanian experience of resettlement which is border. We thought that we were in very important for the international bad circumstances until we met refugee protection of refugees. families in those poor camps. The camps didn’t even have the basic necessities for life. There was no electricity and not Life in a host country enough space to sleep inside the tents. The worst time was the winter when In 2013, we moved to Egypt to seek it rained and snowed. People had no safety. But after a few months, a political choice but to stay in tents or risk their coup in Egypt meant that we had to lives. How could they have a normal life move again, this time to Jordan. We while finding themselves in this horrible thought that if we worked hard in our situation? Later, we volunteered in a psychological support centre. The children we worked 1 The authors prefer only using their first names. with were not only suffering from the war
1 FIRST HAND OxMo Vol. 8, No. 2 and their resulting trauma, but they were country. If we left Jordan, we would also negatively affected by their parents’ not be allowed to come back. We had own war trauma. They could not treat mixed feelings about going to the UK. their children the way they should. We were not sure if life in the UK would be good or bad. There would definitely Heba: An eight-year-old girl’s be challenges because each time we experience was particularly heart- moved from one country to another, it breaking to me. She did not speak took us a lot of time and effort to get to anyone except her mother. The used to the new place. mother would record a video of The resettlement process started with her child asking questions about a short course provided by UNHCR about homework and then send the video the life in the UK including culture, laws, to her teacher. Since I met that girl, I education, work, and rights. It helped us have twice had dreams in which she imagine possibilities for our future. We spoke to me. became happier and were persuaded that resettlement would turn out very well. We knew that Jordan was not the Deciding to resettle to the UK right country for us to rebuild our lives; we felt like prisoners since Syrians were In Jordan, we were told that we would neither permitted to work nor leave the be safer if we applied for UNHCR refugee country. The uncertainty and lack of status and no one could send us back to opportunities in Jordan helped us make Syria. Three years after applying, UNHCR our decision to resettle to the UK. The told us that we would be resettled to resettlement option appeared to be a the UK. The resettlement process was great one for us, even though we heard not easy. We had many questions about that many refugees drop out due to the the implications of moving to another unknown and the fear of starting again.
Children in one of the camps at the Jordanian-Syrian border. Omair Tabekh 2 FIRST HAND OxMo Vol. 8, No. 2
Life as a resettled refugee secondary school student in Arabic and recently started volunteering to We were anxious when we first arrived befriend elderly people. in the UK because we did not know much about the society or how British citizens We have been spending our time here would treat refugees. It did not take by attending regular classes to improve long after we arrived for us to see that our English skills. We both engage in the UK respects human rights, equality community activities like the VOICES and diversity. For us, seeing both a Network to portray positive images of church and a mosque in the same area refugees. Starting over and building a illustrated the coexistence of religions. new life is not an easy task, but we are full The Welsh government assigned us of hope that the best opportunities are a support worker who helped us from out there, and that they are yet to come. our very first day in the UK. Before we arrived, they had furnished and cleaned our house. They also provided a short Resettlement matters course on living in the UK. More than one year after our arrival, they are still Regardless of their country of helping us settle in Wales. origin, most people want to advance and create meaningful lives for Nour: For me, resettlement means themselves. Becoming a refugee does starting over. I had attended three not make these aspirations go away. years of university in Jordan studying Refugees are often seen as exploiting the accounting. I had excellent grades benefits of western governments even during my studies, and I expected though many who come to the UK and that I would only need to take one Europe contribute to the economy and more year of university in the UK help others in their new communities. and then I could graduate. But this People who want to rebuild their lives was not the case. I had to start from are not the problem. The problems are the beginning. Resettlement is not the terrible circumstances which cause an easy decision because every them to flee and the difficult life ofa time we move to another country, refugee. we start over. I have been improving There are many people who risked my English for the past year, and am their lives crossing the Mediterranean now enrolled at a local university in Sea who deserve the same chance that accounting and finance. I still have we have in the UK. That little girl who to pay tuition fees in the UK, but cannot speak to anyone but her mother, unlike in Jordan, at least I can get a whose smile we cannot forget, deserves loan to continue my education. to live a good life. Those families left to live in tents deserve enough space Heba: As a resettled refugee, I have to sleep and warm winter clothes. Our a right to work. I can choose what I family should be together to share want to do, and train myself in that good and bad times. Refugees are no sector. We are treated as citizens different from any other people and we in the UK with the same rights as want to have a meaningful life as much British people. We are not treated as anybody else. We hope that new as foreigners which is crucial in initiatives like the Global Compact on helping me to move on with my Refugees will encourage the UK and life. I am eager to learn new skills other countries to continue or start to and I am interested in volunteer resettle many more refugees so that work to help people and give they can have a safe and good life like us. back to the community. I tutor a
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The authors
Heba is a Syrian refugee, and she resettled with her family from Jordan to the UK in 2018. She has a degree in accounting from Damascus University. In Jordan, she worked as a volunteer in a charity called Happiness Again, providing psychological support for children who suffer from trauma from the war. She also volunteered for an organisation called Milad, providing aid and shelter to Syrian families. Here in the UK, she attends ESOL classes to improve her English skills and is doing some volunteering work to help people and to give back to the community.
Nour is from Damascus, the capital of Syria. She moved with her parents and sister to the UK in August 2018. Before then, she finished high school in Syria, and completed her studies when she moved to Jordan. There, she did some volunteering works with different volunteer groups to support and help other refugees. She studies Accounting and Finance at the University Of South Wales. She loves trying new things and having new experiences, meeting new people and learning about other cultures. She also enjoys reading and listening to music.
4 Self and Self-Reliance Gerawork Teferra
According to the United Nations High make sure we refugees stand for ourselves Commissioner for Refugees (UNHCR), and continue to thrive and meet our there are more than 70.8 million people own needs so that we are not reduced who are displaced.1 This figure, out of to a mere burden of humanitarian aid which 25.9 million persons are refugees, agencies and host nations. If one tries to accounts for more than the total define ‘self’ in self-reliance focusing on population of France. As prolonged the fundamental conditions of a human temporary humanitarian aid has created being, this definition might comprise dependency and hopelessness among only ones’ physical nature and basic large parts of this population, the physiological needs. Consequently, international community has shifted its this leads to common attributes (e.g. focus toward strengthening the ability a physical needs like food, health, and of refugees to live independently water) being considered over individual from humanitarian assistance (i.e. self- differences (e.g. being a farmer, a reliance).2 The current self-reliance social worker, an artist, mother, etc), or programming, however, has its own metaphorically speaking, on the forest risk as it mainly focuses on creating rather than the trees. As a result, the jobs that don’t go beyond temporary scope of self-reliance mainly captures lifesaving economic gains; it also the essential needs of an individual and neither fully considers specific contexts overlooks their specific life experiences, nor addresses it strictly at an individual talents, and capabilities. If a person level. Understanding the challenges is only able to satisfy those essential of achieving self-reliance in view of needs (food, water, etc.), it does not individual rights and capabilities is vital mean that the self truly exists and can be to successfully facilitate the process. This relied upon, even if that person appears essay discusses self-reliance through the physically well. Instead, facilitating self- lens of a refugee, seeing her or him as reliance must start with recognising that an independent and dignified human self, whose potential can then be utilised being. As such, I critically explore the and strengthened in order to proactively existence of ‘group-reliance’ or ‘group start being relied upon. A development dignity’ in a situation where individual intervention should, therefore, focus self-reliance and identity is in question. on channeling individual capabilities The intended goal of self-reliance to where they are most productive; programming to me, as a refugee, is to just like a diligent teacher focuses on teaching or a farmer on farming. In 1 Out of this 70.8 million displaced people, 41.3 are internally short, strengthening self-reliance should displaced people, and 3.5 million are asylum seekers. ideally involve creating space to freely UNHCR, ‘Figures at a Glance’, accessed 27 October 2019, utilise already existing capabilities – https://www.unhcr.org/figures-at-a-glance.html. and ultimately ensure that a refugee 2 The UNHCR handbook defines self-reliance as ‘the social maintains his or her agency and dignity. and economic ability of an individual, a household or a community to meet essential needs (including protection, As stated in the UNHCR Handbook, food, water, shelter, personal safety, health, and education) when an individual case has been taken in a sustainable manner and with dignity. Self-reliance, into account, livelihood interventions can as a programme approach, refers to developing and be better tailored around the individual strengthening livelihoods of persons of concern, and reducing their vulnerability and long-term reliance on initiatives of refugees, and better focus humanitarian/external assistance.’ UNHCR, Handbook for on alleviating barriers, such as rights Self-reliance’ (Geneva: UNHCR, Reintegration and Local related to free movement, property, Settlement Section, August 2005), https://www.unhcr. org/44bf7b012.pdf.
5 FIRST HAND OxMo Vol. 8, No. 2 getting permits, etc.3 On the contrary, whereas the other may require support if livelihood interventions focus on, for with strengthening the supply chain to example, the availability of resources get better products and reach more or ease at which they can be deployed customers. (supply-driven approach),4 achieving In order to follow such an individualised self-reliance becomes more unlikely. A approach, humanitarian actors must good example of associated challenges look beyond the patronising ‘refugee’ of this supply-driven approach is the label: a refugee is also a teacher, farmer, short training that various organisations barber, translator, etc., and developing have been aggressively offering here these identities further catalyses their in Kakuma refugee camp – so far it has progress towards self-reliance. If such provided us with a bunch of certificates. actors ignore this fact and pursue a Such training helps to keep hope supply-driven support model instead, alive but so far doesn’t go far beyond it forces those at the receiving end of that. There are a good number of the intervention to give up part of their entrepreneurs who have been trying identity (e.g. everything beyond what to do businesses but failed because of the term refugee can capture), or even obstacles related to restrictions on free to create and adjust to a new, pseudo movement, permits, equipment, access identity. In terms of self-reliance, the to market, etc. There are also many high question then is ‘how can you rely on school and post-secondary graduates yourself without being yourself?’ who are competent enough to be Humanitarian aid workers should also employed in different organisations, but program a relevant intervention with due they lack such paid opportunities and consideration (and use) of the specific are only offered volunteer positions. context of the intervention and the Instead of creating a fashion of individual at the receiving end. In short, ‘volunteerism’ or group support, when organisations try to understand organisations should focus on individual the context and individual needs, they support that considers what each themselves rely on the active involvement person requires to overcome barriers and information provided by refugees; a even within similar group contexts. For starting point where refugees become example, the barrier of one refugee their own agents. Such approach, for farmer may take shape in the form of a instance, reduces ‘recycling’ projects deep-water well that he relies upon to and programmes in a situation where develop his farmyard throughout the needs are continuously changing. year; but for the other farmer it may be Maintaining those considerations can the lack of good quality seeds instead. help transform an intervention from Similarly, for one trader the barrier may a ‘top-down’ (supply-driven) process be related to movement restrictions easily to a ‘bottom-up’ (self-reliance) one. The UNHCR self-reliance framework 3 UNHCR, Handbook for Self-reliance’ (Geneva: UNHCR, also indicates that the successful design Reintegration and Local Settlement Section, August 2005), and implementation of an intervention https://www.unhcr.org/44bf7b012.pdf. is a continuous long-term process that 4 This describes an approach whereby an organisation incorporates refugees’ self-reliance in brings support that is available and easily implementable the overall development planning and without necessarily considering the context, background 5 and interest of individuals. From personal experience, those implementation process. Starting this at the receiving end of this type of assistance often see a process by recognising the existence of mismatch between our needs and interests and the support a self (beyond the refugee term) in turn that is provided through an intervention. The underlying belief appears to be ‘something is better than nothing’. helps humanitarian workers to capture Still, we often make use of this support because of the same belief; however, it does not bring any significant change and 5 UNHCR, Handbook for Self-reliance’ (Geneva: UNHCR, often makes us more dependent on support (rather than Reintegration and Local Settlement Section, August 2005), self-reliant). https://www.unhcr.org/44bf7b012.pdf.
6 A woman preparing vegetables for sale in the Kalobeyie integrated refugee settlement area.
FIRST HAND OxMo Vol. 8, No. 2
and support the short- and long-term but not only as a person of concern. goals of individual refugees. To adjust Moreover, concealing individuals’ self or scale up such programmes, it requires under the guise of ‘group self-reliance’ monitoring and evaluation standards, is counterproductive and only leads to tools, and indicators that seek and underutilising the nuanced capabilities value refugees’ participation. Excluding that individuals could otherwise rely refugees and other beneficiaries from upon; such groups are always the the evaluation process does not only product of self-reliant individuals who conceal the full picture of the intervention seek collaboration and synergy. but also discredits their struggle towards self-reliance, takes away their agency, and denies their dignity. To conclude, as a refugee—but also as a teacher, a development worker, and a dignified individual in the broader sense—I think that one can only be self-reliant if his or her ‘self’ is recognised legally and socially within the development terminology;
7 FIRST HAND OxMo Vol. 8, No. 2
The author Gerawork Teferra, a learning facilitator and development worker, has lived in Kakuma refugee camp for almost a decade. He is currently working as an academic advisor under a Jesuit Worldwide Learning (JWL) and Global Education Movement (GEM) tertiary level education programs.
Bibliography UNHCR (2005). Handbook for Self-reliance’ (Geneva: UNHCR, Reintegration and Local Settlement Section), https://www.unhcr. org/44bf7b012.pdf.
UNHCR. ‘Figures at a Glance’, accessed 27 October 2019, https://www.unhcr.org/figures- at-a-glance.html.
8 ቤተይ ገዲፈ Why I Leave Home Yohana Tekeste
ብ ዮሃና ተከስተ ተወሊደ ኣብ ምድረ በዳ ዓብየ ብናይ ሓሶት ተስፋ ወግሐ ጸብሐ ዓይነይ እናቀይሐ ብዘይእብረ ልበይ እናተሰብረ ሕልምታተይ ደረት ኣልቦ ዕድላተይ እናተራብሐ ብባዶ እንተራእኽዎም ቅድመይ ዝነበሩ ራኢኦም ጸልሚቱ መለሳ ዘይብሉ ኣእምርኦም ሰፊሕ ቅንጥብጣብ ዝሓስቡ ኣየር ብብዝሑ ትንፋሶም ተዓፊኑ ምንባር ሓርቢትዎም ተስፋ ዝሰኣኑ ተልእኾ ኣድኪሙኒ ዕላማ ዘይብሉ ቃልሲ ደኣ ናይ ኣቦይ እንድኣሉ እግሩ ዝወሰደ መጻእየይ መንጢሉ ጓሂ’ዶ ደኣ ክቀትለኒ እንታይ ኣለኒ ዕዳ ንሕልመይ ምብካየይ ገበን ኮይኑ ግዳ ስሙ’ኳ ዘይፈለጦ እንትርፎ ክርእዮ ስደት ዓዲ ጓና መኣስ ተመንየዮ ዝብላዕ ስኢነ’ዶ ዑቅባ ሓቲተዮም ሕልናይ’ዩ ጠምዩ ናጽነት ምስ ሰላም ዓደይ ብምግዳፈይ ኮይነ ድየ ጠላም፧
9 POETRY OxMo Vol. 8, No. 2
I was born in a desert In which I grew up with false hope Eyes red, heart always aching Free classes opportunities zero I tried to look to those who were before No change I could see Mind so big, thinking so small Too much air, couldn’t breathe any more Tired of missions without aim The struggle took my father’s leg and my future, too My illness can kill if I don’t leave! Can this be crime to save my prime? Seeking for a place which I cannot even name Asking for asylum, it was not for food More a hunger for freedom leading to peace Was it my fault for leaving home?
The author Yohana Tekeste was born and raised in Asmara, the capital city of Eritrea. She had a very happy childhood and a strong connection to her father. He raised her to be a girl with dreams and good work ethics. She is the second child of a family of all girls. Her father is everything to her; still today, he is her personal hero. Yohana graduated from college of arts and social science in 2015. She holds a degree of Eritrean language and literature, having had an interest in literature since her childhood and finding a big relief and enjoyment in this field. Currently, she lives in Addis Ababa, Ethiopia. She resides there as a refugee and it has been almost four years now since she came to Ethiopia. She loves writing poems, in which she finds a way to expresses her real feelings. If you are interested in following her work, she also has a Telegram channel to share her poetry: https://t.me/joinchat/ AAAAAETYkXFypqLn4j8cLQ.
10 Sister Celeste Cantor-Stephens
My sister lost herself, Crossing the Sahara
She was a soldier Practically enslaved by the state who pushed her Situps, pressups at the barrel of a gun Practice, accuracy at the trigger of a gun Five-hundred times a day A soldier Practically enslaved by the state who pushed her encouraged her and the rest of her nation to hate the bodies at the other side of the border who looked the same felt the same even had the same names but whose fate was drawn with the shape of a line a national border of political worthiness, criminality, life-time A soldier Enslaved by the state who pushed her and all the others they call ‘citizens’ mentally, and physically, unbearably, damagingly but not geographically
A soldier enslaved by the state she could not leave where national borders were barbed wire barrier compounds that screamed ‘You belong here! Thou shall not pass to the other side. Not without a document that tells us why: that tells us that we say that you belong outside. You belong here! Isn’t that nice. A soldier for your state A soldier to the president of the only party there will ever be.
11 POETRY OxMo Vol. 8, No. 2
You cannot leave! Because then everyone will see…’
My sister lost herself, Crossing the Sahara
Uncle at her side she passed over the border in the back of a truck crammed tight between others each with one well-packed little bag grasped in one hand as the other holds on for dear life for the bumps in the Saharan sand for the border controls for the breath that they held for their dear life and for the dear life of those they have left behind
My sister lost herself, when, crossing the Sahara, the driver with hands already grasped around a fat stash of grubby cash had a change of heart and my sister was abandoned to the sand the tightly-packed little bag still in one hand while the other flails with nothing to grasp but sand and air and her uncle’s words of despair for the lack of direction the lack of control
My sister lost herself
She was a soldier trained like her uncle and the five other abandonees who stood beside her lost in the Sahara where all the training and press-ups at the barrel of a gun came to none
12 POETRY OxMo Vol. 8, No. 2
But by some… not ‘miracle’ nor ‘good fortune’ but simply being human Another one another rickety van across the sands steering wheel in the hands of another trafficking man
They dropped their one bag each and ran
My sister was an engineer She was an unwilling slave, a soldier to the state who after enforced training would stay up late to study the principles of structural integrity contemporary componentry to withstand emergencies so that the citizens could be - maybe one day - free
Fences in Calais.
13 POETRY OxMo Vol. 8, No. 2
But my sister was a soldier a slave too and when the opportunity came she knew
We met over Elsa Kidane singing at the top of her voice on the outskirts of… Calais My sister - and I - lost in yet more sand between the dunes in a barren, town dump, wasteland
A tiny fenced-off area where permitted women used to hang to avoid unknown men and police officers’ hard hands While many more along with lone children and fathers and granddads remained outside: ‘Désolé; we only have beds for a certain number of women whom we have already identified.’
We found each other across the music streaming out between a borrowed phone held in the same fingers that held some months before a little, well-packed bag now lost to Saharan desert sands
My sister lost herself, Crossing the Sahara that never ended African land became European sand tiny bits of grit that get stuck under your fingernails and never leave the sole of your shoe or the soul of you a sol-dier Practically enslaved by the state
Sit-ups and press-ups at the barrel of a gun turned into scaling spiked fences an endless need to run to dodge racist abuse, state-fed dogs the eyes of authority, the thud of police batons the cruelty of traffickers and the cruelty of loss
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doubled each time something goes wrong each time another friend is suddenly gone
My sister was an engineer who transformed her study of structural integrity into late-night plots to skip the country to scale national borders overcome emergencies Because my sister was a soldier Practically enslaved by the state by the state to which she’d come in order to be safe where most of those around her were soldiers too and all the new friends, all those that she now knew, were also trying to do what she was trying to do, and were trapped there for weeks, months, or years, or simply disappeared
I lost my sister, Somewhere beyond the Sahara We met in Calais, but I don’t know where she went after
The author
Celeste Cantor-Stephens is a scholar, musician, interdisciplinary artist and activist. Much of her work focuses on human displacement, borders, (in)equality and social change, and on the place of music within this. Celeste’s work includes research into the roles of music in makeshift refugee camps, a book chapter on ‘Institutionalised Abuse ... at the Franco–British Border’, multimedia pieces on related – and unrelated – topics, and journalistic writing for music magazines. Celeste is a trumpet player, with projects ranging from free improvisation to klezmer. She has an MPhil from the University of Cambridge and an MSt from the University of Oxford.
15 And Then It Rained... Carla Sofia Ferreira Fernandes
1950s, one way ticket to cross the Atlantic Promises and dreams, hopes and fears Leaving behind all that he thought was his
Warm ocean waters, new food and scents Endless summers in that tropical land Working long hours, his new life began
Friends with different accents People from other shores Some had never seen money before
And then the radio announced the rain Where some of his friends were from After a drought so painfully long
Immediately they headed home Rushing to celebrate the new rain And that they could live there once again
They left my father, still by the ocean Waiting patiently for good news to come From the place he always called home
Talhadas, the home village of the poem’s main character which he left in the 1950s to 16 return to only twenty years later. POETRY OxMo Vol. 8, No. 2
The author Carla Sofia Ferreira Fernandes is a former humanitarian worker who currently conducts research on climate-induced migration in Morocco, as part of the PhD programme in Social Sustainability and Development of Universidade Aberta, Portugal, and in collaboration with the research group Societies and Environmental Sustainability of the Centre for Functional Ecology, Coimbra, Portugal.
17 More Rights, Less Justice: Tribal Communities and the Indian Republic Prashant Singh and Meghna Sharma
The recent judgment of the Indian Supreme Court announcing the eviction of over one million forest dwelling and tribal communities from their ancestral lands sent shockwaves across the world. The order was directed at individuals and groups whose claims for property rights over inhabited lands were rejected under the contested Scheduled Tribes and Other Traditional Forest Dwellers Act (2006), commonly referred to as the Forest Rights Act (FRA). As per Section 3 of the FRA, forest rights are guaranteed to ‘forest dwelling Scheduled Tribes and other traditional forest dwellers.’ While the Court has stayed the judgment, over one million persons from forest dwelling Scheduled Tribes continue to face a legal protection black hole in India. This article explores the marginalising effects of the claim adjudication process under the FRA and the ensuing displacement crisis affecting tribal communities in India. This article also brings to the foreground an oft-ignored kind of displacement: forced displacement resulting from denial of tenure security and land access rights of forest communities.
Introduction communities from their homeland. By virtue of this law, the tribal communities Approximately 45.6% of tribal were turned into encroachers and communities in rural India suffer were left at the mercy of the colonial from absolute poverty and with government (Prabhu 2010). This law tribal communities constituting 47% continued to serve as the legislative basis of the entire displaced population, for forest management even after India displacement - often resulting from gained independence. The later Forest infrastructure development projects - Conservation Act of 1980, for example, is accepted as one of the reasons for did not break away from this regime, the poor socio-economic indicators but rather maintained the Central (Ministry of Statistics and Information government’s supremacy in controlling 2011; Mander 2018). forest resources (Goyal 2005). While development projects are In 2006, this legal regime changed known to induce widespread internal with the introduction of the Forest displacement of the tribal population Rights Act (FRA). The FRA aimed to in India, other lesser-known factors also restore the rights of the forest dwelling contribute to displacement, but have communities in India by empowering not been subject to the same scrutiny Gram Sabhas1 to decide the nature and as development-induced displacement. extent of the claim of land rights. While Eviction of tribal communities from this law was hailed for its normative forest areas has continued since the articulations, the implementation on the colonial regime, when the British ground left much to be desired as tribal government enacted the Indian Forest communities have continued to be at Act in 1927 to capitalise on timber the risk of being displaced on account production. The legislation empowered of being denied their title claims under the British government to rescind the the FRA. This article first considers the land rights of these communities and has been an important cause of internal 1 Section 2(g) of the The Forest Rights Act, 2006 provides displacement since then. In essence, that ‘Gram Sabha’ means a village assembly which shall the legislation allowed the government consist of all adult members of a village and in case of States to declare forests as ‘state property’ having no Panchayats, Padas, Tola and other traditional village institutions and elected village committees, with full and consequently excluded the tribal and unrestricted participation of women.
18 LAW MONITOR OxMo Vol. 8, No. 2 implementation shortcomings of the level. Any person aggrieved the FRA before analysing its adjudication decision of Gram Sabha may before the Supreme Court in the recent petition to the Sub-Divisional Wildlife First v. Ministry of Forest and Committee and then finally to the Environment, Government of India District Level Committee. These case. The article ultimately finds that the committees are thus constituted implementation and adjudication of the to decide on the claims denied FRA has resulted in more rights and less by the subordinate authority. The justice for tribal communities in India. State Level Committee has also been constituted to monitor the progress of these claims. Lack of procedural fairness under the • Lastly, the FRA ensures that at new regime every step the claimant is given a reasonable opportunity to The FRA was enacted to correct present his case and that no claim the historic injustice done to forest be adjudicated upon without his dwellers through the Indian Forest Act presence. of 1927 and the Forest Conservation Act of 1980 by securing their right The failure of the FRA in achieving its over forest land. Section 3 of the FRA aim lies in the fact that the due process entitles them to forest rights, which requirements as discussed above are effectively includes the right to own, seldom followed. The lack of procedural hold, protect, and settle on forest lands fairness is a result of several institutional in addition to recognising their right and structural challenges, such as a lack to forest resources and biodiversity. of political will of state governments in In essence, the FRA is a rights-based standing up for rights of forest citizens, legislation which recognises the rights of a lack of coordination between the communities over their forests and lays committees set under the Act, and the down a procedure by which these rights constant undermining of Gram Sabha can be secured. The procedure has by politicians. In 2010, a committee been provided under Section 6 of FRA, appointed by the Ministry of Tribal which appears to have accommodated Affairs found that due to an unnecessary due process requirements. rush to clear cases, a large number of claims were being rejected without even • Firstly, it recognises Gram Sabha, measuring the land. Further, the report i.e. the village body itself, as the also stated that the claimants were not primary authority which decides given adequate grounds for rejection the claims under the FRA. The Act of their claims. Moreover, the report provides a very clear verification highlighted the lack of representation of procedure that considers some sections of the communities in the statements by elders, physical Forest Rights Committees which was a evidence of houses and other clear violation of FRA (Joint Committee residential structures, and even 2010). Due to budgetary constraints, traditional structures, like wells to the government has been ineffective in ascertain land claims. spreading awareness about the FRA. In • Secondly, it lays down a clear the worst cases, the claimants were appellate structure to ensure a uninformed of the rejection of their reasonable opportunity to the claims, leaving them with no option to person aggrieved by the decision exercise their appellate rights under of Gram Sabha. A committee has the FRA (Socio Legal Information been formed at the Sub-Divisional Centre 2016). A report also found that level, District level, and the State a majority of the claims were rejected
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as a result of forest officials’2 insistence Forest conservation v. Forest Rights: on documentary evidence, which is not A false debate mandatory as per the FRA (Socio Legal Information Centre 2017). The internal displacement caused by The FRA implementation has been the poor implementation of the FRA had particularly poor with respect to community not received significant scrutiny until it rights. While it is estimated that the FRA has finally took centre-stage on 13 February the potential to secure the rights of over 2019, with the judgment of the Supreme 200 million forest dwelling communities in Court in Wildlife First v. Ministry of Forest over 170,000 villages, it has reached only and Environment, Government of India 4% of its potential (Samarthan 2012). The (hereinafter referred as ‘judgment’). The poor implementation of the FRA, coupled petitioner, an NGO focused on wildlife with the low awareness of its provisions protection, brought forward the issue of among marginalised tribal communities rejection of over two million claims for and difficulties in understanding the exercising forest rights, as recognised procedural technicalities, has enabled under Section 3 of the FRA. The petition the creation of a regime where the tribal highlighted that no eviction had yet population has more rights but less justice. taken place even after the rejection of the claims. Accepting the arguments of the petitioner, the court in first instance ordered the eviction, by July 2019, of 2 The term ‘forest officials’ here is used generically to refer to the officers of the department of Revenue, Forest and Tribal those with rejected forest rights claims. Affairs of the State Government and three members of the This eviction order was later upheld by Panchayati Raj Institutions, who form the composition of Sub the Supreme Court. Divisional Committee, District Level Committee and State The premise of the petitioners’ Level Committee. They are appointed to these committees by the respective State Government. argument was that the forest rights
20 LAW MONITOR OxMo Vol. 8, No. 2 regime is antithetical to forest The ‘tyranny of distance’ between conservation, protection of wildlife, and India’s forest dwelling communities biodiversity. It is interesting to point and the Supreme Court out here that the petitioners specifically pleaded for eviction of communities. The Supreme Court has played a However, the legislative scheme of proactive role in introducing dynamism the FRA provides that even in case of to the Indian Constitution with respect rejection of claims, the communities can to human rights by expanding the scope only be disallowed from exercising the of the right to life under Article 21 (Basu right of self-cultivation.3 As such, the 2008). The judgment presented a similar concern for forest conservation could opportunity before the Court to advance have been effectively addressed by the cause of forest rights and review taking the legal recourse under the FRA, the arbitrary administrative actions that which provides for denial of cultivation undermine the rights granted under rights but not for eviction. Eviction the FRA. Indeed, in considering how and displacement of millions of forest the eviction order risks resulting in dwellers is not a proportionate response the displacement of millions of tribal to address the issue of conservation. persons, the Court could have found In view of the above, it is clear that a violation of the fundamental right of the regulatory discourse around the FRA livelihood guaranteed under Article 21. is marred by a false dilemma between Yet, while hearing the case, the forest conservation and forest rights, Supreme Court was not made aware leading a section of conservationists to of the lack of procedural fairness that connect the FRA implementation with caused the rejection of most claims in the environmental harm, as was raised by the first place, as discussed in the previous petitioners in this case. Contrary to this section. This is because the government notion, however, the tribal areas in India did not present the case of the tribal have seen a recorded increase in forest communities at the Supreme Court and cover. The forest cover report credits the tribal communities were left without increase to the conservation measures legal representation. Hence, the court undertaken by forest communities ruled only on the basis of the account themselves (MoEFCC 2017). In 2016, 40 presented by the forest conservationist international conservation organisations organisation petitioner. and experts wrote to the government Furthermore, the judiciary erred in calling for effective implementation inferring that the statutory consequence of the FRA, noting that ‘disregarding of upholding the rejection of claims the Forest Rights Act or undermining under the FRA is necessarily the it will greatly damage environmental eviction of forest dwelling communities. protection in the country’ (Group However, the provisions of the FRA are of Indian Conservationists 2016). silent on the required course of action in Researchers also claimed that the FRA cases of rejection of claims. This created ‘has the potential to recognize the a situation of legal ambiguity in which diversity of use, access, and conservation the Court should have, according to practices and traditional knowledge of the rules of interpretation, inferred a forest communities’ (Dash 2010). meaning that upholds the rights of forest dwelling communities and not vice- versa. The case of the communities was further weakened by the apathy of the state, which did not defend the law or 3 Forest Rules Clause 12 A (8) defines self-cultivation as challenge this eviction before the court. including activities ancillary to cultivation such as keeping The court’s failure to recognise the lack cattle, winnowing and other post-harvest activities, rotational fallows, tree crops, and storage of produce. of representation of the forest dwelling
21 LAW MONITOR OxMo Vol. 8, No. 2 communities is a blatant disregard of The authors the due process of law. In its latest order, however, the Supreme Court sought Prashant Singh is a Research Fellow at the Centre to rectify the judicial apathy shown in for Human Rights Studies (CHRS), Jindal Global the earlier order by asking the state to Law School. He can be reached at prashant@ respond to the lack of implementation jgu.edu.in. of the FRA. It can be only hoped that this new development will end decades Meghna Sharma is a Research Assistant at of institutional impunity for these forest CHRS. Her email address is meghnasharma95@ dwellers. outlook.com.
Conclusion Bibliography The violation of human rights ANON (2017) Forest Cover Report, s.l.: Ministry resulting from denial of forest land of Environment & Forests. rights and ensuing displacement CHIMNI, B.S. (2000) International Refugee Law: of tribal communities still remains A Reader, Sage Publication. unacknowledged. As a constitutional court, the Supreme Court of India had DASH, T. (2010) ‘The Forest Rights Act: the opportunity to address issues related Redefining biodiversity conservation in India’ to lack of procedural fairness. However, Policy Matters, Volume 17, 33. the argument raised by the petitioner (1927) Indian Forest Act 1927, Delhi. blaming the FRA for deforestation INDIA became the vehicle of analysis for INDIA (1980) Forest (Conservation) Act 1980, the Supreme Court. Historically, the Delhi. discourse surrounding forest rights remains contested by conservationists INDIA (2006) The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of and forest rights activists. The Court Forest Rights) Act 2006, Delhi. overlooked the conclusions drawn by recent studies, which highlight the role INDIA (2013) The Right to Fair Compensation and of industrial projects in deforestation Transparency in Land Acquisition, Rehabilitation rather than the exercise of forest rights and Resettlement Act 2013, Delhi. by tribal communities. Going forward, INDIASPEND (2019) As Supreme Court Stays the government should draft a better Eviction of 9.5 Million Forest Dwellers Here’s How defence of the law during future litigation States Illegally Rejected Land Claims. (online). on this issue. Available from:
MINISTRY OF RURAL DEVELOPMENT (2004) The Expert Group on Prevention of Alienation of Tribal Land and its Restoration, s.l.: s.n.
MINISTRY OF STATISTICS AND INFORMATION (2011) Census of India, s.l.: s.n.
MINISTRY OF TRIBAL AFFAIRS (2016) Statistical Profile of Scheduled Tribes in India, s.l.: s.n.
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MINISTRY OF TRIBAL AFFAIRS (2014) Report of the High-Level Committee on Socio Economic, Health and Educational Status of Tribal Communities of India.’ May 2014.
MOEFCC (2017) India State of Forest Report (ISFR), s.l.: Forest Survey of India.
MUKHIJA K, AND GOYAL Y. (2005) ‘Disarticulation of the Indigenous People: Can the Judiciary Saviour them’ Summer Internship Programme, Centre for Civil Society.
NARZARY P.K. (2009) ‘Dying Alive: Vulnerability of Tribal Internally Displaced Persons in India,’ Conference Report, 26th IUSSP International Population Conference, Marrakech, Morocco, 27 September- 2 October 2009.
SAMARTHAN (2012) Recognition of Community Rights under the Forest Act in Madhya Pradesh and Chhattisgarh: Challenges and Way Forward, s.l.: UNDP.
SAROJINI N, AND DEEPA V. (2018) ‘From the Margins to the Centre: A study on the health inequities among the tribal communities in selected districts of Chhattisgarh, Jharkhand and Odisha’, SAMA Resource Group for Women and Health, NHRC.
SOCIO LEGAL INFORMATION CENTRE (2016) Promise and Performance: Ten years of Forest Rights in India, s.l.: s.n.
SOCIO LEGAL INFORMATION CENTRE (2017) Independent People’s Tribunal on the Status of Implementation of Forest Rights Act, s.l.: s.n.
SUYKENS, B. (2011) ‘The Gotta Koya IDP Mystery: Tribal Identity and the IDP-Migrant Continuum in the Chhattisgarh-Andhra Pradesh Borderland (India)’, Journal of Refugee Law Studies 24 (1/2): 110-131.
UNITED NATIONS (2004) Guiding Principles on Internal Displacements.
23 ‘Indigenous Peoples’ Rights in the Context of Borders, Migration and Displacement’: A UN Study on Indigenous Migration Anne-Céline Leyvraz
In July 2019, the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) issued a study on Indigenous Peoples’ rights in the context of borders, migration, and displacement. This study addresses important contemporary challenges that Indigenous Peoples face throughout the world, such as forced displacement, discrimination, non-recognition, and restricted transnational mobilities, and contests the presumption of Indigenous Peoples as static and embedded groups. The content of the study and its analysis of the applicable legal framework deserves scholarly attention and could lead to increasing policy awareness on this underexplored area in migration research. Their mobilities raises conceptual and practical questions for forced — as well as voluntary — migration. As indigenous migration challenges the very dichotomy between international/national migration, it questions current legal categorisation and calls for different approaches to apprehend the existing legal framework. The present contribution discusses the legal framework applicable to indigenous migration, as developed in the EMRIP study, and pinpoints areas that still require further investigation.
Introduction communities. More recently, however, the United Nations Expert Mechanism ‘It is important to note that many of these on the Right of Indigenous Peoples (the children speak indigenous languages EMRIP) undertook a study on migration (…) We are caging indigenous people’, and Indigenous Peoples (‘the study’ or tweeted a congresswoman from the ‘the EMRIP study’), titled ‘Indigenous United States of America after visiting peoples’ rights in the context of borders, detention centres for immigrants migration and displacement’. While during the summer 2019.1 A few weeks indigenous migration assumes different later, the murder of Emyra Waiãpi, an forms and precedes both colonisation indigenous leader from Brazil, and the and the creation of states, contemporary subsequent flight of the community indigenous migration is relevant to from their ancestral land due to a forced migration studies. lack of security sparked international In this contribution, I first address indignation (IWGIA 2019). These two how the EMRIP and its work fit within examples describe different contexts the UN human rights system and then but portray the topicality, diversity, and present different forms of indigenous challenges surrounding recognition forced migration. Following this of indigenous migration. Despite this contextualisation, I discuss the content topicality, only limited research has been of the study and underline that the legal undertaken since Yesca’s (2008) report framework addresses the specificity and for the International Organization for commonness of indigenous migration.2 Migration, which tackled the causes and modalities of indigenous migration, and, 2 This contribution stems from an ongoing research project titled, ‘Asylum and Indigeneity in the Context of Ongoing importantly, challenged the portrayal Displacement on the Ecuadorian and Colombian Border: a of Indigenous Peoples as immobile Legal and Anthropological Analysis’. The project is conducted by Anne Lavanchy (HES-SO HETS Geneva), Johannes Waldmüller (UDLA Quito), Camilo Eduardo Umaña Hernández (UExternado, 1 Twitter account of Alexandria Ocasio-Cortez (consulted in Bogotá) and Anne-Cécile Leyvraz (HES-SO HETSL Lausanne). July 2019). The views expressed in this article are solely those of the author.
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However, I contend firstly that it merely indigenous individuals in vulnerable lists applicable rights and does not situations (Expert Mechanism on the sufficiently describe how they would Rights of Indigenous Peoples 2018). apply in the context of indigenous Involuntary mobility presents itself as migration; secondly that it does not a frequent feature in the context of explicitly differentiate binding from non- indigenous migration. binding international norms; and finally, that it should have considered legal developments arising from outside the The multiple root causes of forced UN system. Alongside existing initiatives indigenous migration to ensure respect for the UN Declaration for the Rights of Indigenous Peoples, my Poverty,3 structural discrimination, article seeks to contribute to discussions inequalities, and human rights violations of the legal framework on indigenous are powerful factors for forced migration by identifying features that indigenous migration (Berger 2019). An need further improvement and proposes underlying cause lies in the difficulty possible measures to that end. for Indigenous Peoples to secure legal, social and/or political recognition, and territorial sovereignty at the state Flagging the migration - Indigenous level (Bellier and Préaud 2011). They Peoples nexus endure threats, violence, and murder that may lead to the displacement of Created in 2007 following the the entire community from their land adoption of the UN Declaration on the (Berger 2019). This may result from Rights of Indigenous Peoples, the EMRIP predatory behaviour on indigenous provides expertise and advice to the land by private companies working Human Rights Council on matters related with or without government approval, to Indigenous Peoples’ rights. The study and is also related to criminality of was issued during the 2019 summer private groups (Watts 2017). While session and was developed initially development is responsible for mass as part of the Mechanism’s amended forced displacement, eco-tourism also mandate, which requires the subsidiary leads to expulsions and forced removal body to ‘[p]repare an annual study on in different parts of the world, such as the status of the rights of indigenous Brazil, Mexico, Tanzania, and Mexico peoples worldwide in the achievement (Human Rights Council 2019). Conflicts, of the ends of the Declaration’ (Human forced evictions and criminalisation of Rights Council 2016: para. 2 (a)). The indigenous human rights defenders decision to address migration and add to the list of causes. The forced displacement in the context of border displacement of indigenous populations control was made at the 2018 session, creates an additional layer of vulnerability held in July in Geneva. The Mechanism and difficulty to secure human rights. then organised a two-day seminar in Yet, the study by the Expert Mechanism November 2018 in Thailand for member does not provide sufficient legal analysis States, Indigenous Peoples, national on the parameters of indigenous rights human rights institutions, and scholars. and protection mechanisms in situations The study emphasises the causes of of forced displacement. migration, legal considerations of trans-border movement of Indigenous Peoples, internal migration, and calls for specific attention to be paid to 3 As stated under paragraph 20 of the EMRIP study, ‘they make up 5 per cent of the world’s population but account for 15 per cent of the poorest’.
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The legal framework: a mixed result Rights Council 2019: para. 6). Yet, the call for a human rights-based approach International migration law “is resonates beyond indigenous migration sometimes described as […] a ‘giant to encompass all forms of migration unassembled juridical jigsaw puzzle, [in among all peoples. which] the number of pieces is uncertain Additionally, States have an and the grand design is still emerging’” obligation to uphold collective rights, (Lillich 1984, cited in Chetail 2017). such as self-determination, enshrined The metaphor refers to scattered and in the 2007 Declaration on the Rights disseminated norms and principles. The of Indigenous Peoples, as well as in legal framework on indigenous migration the 1966 International Covenants. Self- presented in the EMRIP study also is a determination is a ‘foundational right puzzle of sorts. While ambitious in scope, upon which all other rights of Indigenous it refers to a range of relevant human Peoples are dependent’, an affirmation rights treaties, soft-law instruments, and valid beyond a migratory context documents adopted by UN agencies, (Human Rights Council 2019: para. 10; and only provides for an unsystematised Weller 2018). fragment of the ‘grand design’.
Shortcomings and oversights of the The commonness and distinctiveness of study indigenous migration The legal framework presented in The study accurately recalls that the EMRIP study suffers three major the existence of collective rights does weaknesses. In a way or another, they not preclude the validity of traditional each hinder the significance, legal individualised human rights, as clarity, and practicality of the study. First, enshrined in international and regional while accurate and conforming with the treaties. Just as is the case for non– definition provided by the International indigenous migrants, indigenous Organization for Migration,4 , the migrants have the right to seek asylum working definition of ‘migration’ and receive refugee status. They should referred to in the study is broad and be protected from forced arbitrary encompasses various manifestations of displacement, should not be subjected this phenomenon.5 Keeping up with this to torture or inhuman treatment, breadth, the study tackles situations of and children should not be detained voluntary return, forced displacement— for reasons related to their parents’ which can be induced by events such migratory status. These examples shed as climate-change or armed conflict— light on shared experiences of violence eviction from home, and labour against indigenous and non-indigenous migration. Attempts to encompass migrants during the migratory process, the diversity of indigenous migration and recalls that the 2007 Declaration should be welcomed, however, it comes on the Rights of Indigenous Peoples should be interpreted in the light of 4 The definition provided on the website of the IOM reads international human rights standards. as follow: ‘Migration - The movement of persons away from As for the distinctiveness, the study their place of usual residence, either across an international border or within a State’. International Organization for highlights the ‘particularly vulnerable Migration, Key Migration Terms. Available from: https:// situation’ indigenous migrants face due www.iom.int/key-migration-terms (consulted on November to the ‘current context of migration 8th 2019) involving a global pushback against 5 The definition reads as follow: ‘In the context of the human rights, political instability, weak present study: the term “migration” refers to all movements of indigenous peoples, internal and across international democracies and military use’ (Human borders’ (Human Rights Council 2019, n. 2).
26 LAW MONITOR OxMo Vol. 8, No. 2 with a drawback: the legal analysis is alongside Guiding Principles on Internal vague and superficial. For example, Displacement and Comments from UN the study mentions the International Special Rapporteurs. These instruments Convention on the Protection of the are not all legally binding, as the last Rights of All Migrant Workers when two are soft in their form. Customary addressing labour migration, but fails norms can be enshrined in non-binding to explain how it applies in the context instruments, and soft-law instruments of indigenous migration, nor does it can restate existing rights. It is the case explicitly state that other instruments, of some articles of the 2007 Declaration such as the Convention n°169, are on the Rights of Indigenous Peoples, equally relevant for labour migration of such as norms preventing discrimination indigenous individuals (Human Rights or securing land rights (Åhrén 2014; Council 2019: para. 15). Adopted in Rodríguez-Piñero Royo 2014). This 1989 under the ambit of the International should not, however, have prevented Labour Organization, the ‘Indigenous an explicit distinction between binding and Tribal Convention’ enshrines labour and non-binding instruments in order rights applicable to Indigenous Peoples, to systematize which instruments are whether migrants or nationals. Instead, mandatory and which instruments have the study mentions Convention n°169 a different function in the international to address cross-border migration and legal order. It is not to say that soft relocation (Human Rights Council 2019: law instruments should be discarded. para. 16). On the contrary, as is the case with Secondly, the legal framework other human rights related topics, they depicted in the EMRIP study emerges as cannot be disregarded as they provide a kind of patchwork, that refers to both practical guidance, for example through binding and non–binding instruments. interpretative work (Chetail 2014; Treaties, such as the Indigenous and Tribal Saroléa 2006; Blake 2008). Convention n°169 or the International Finally, the legal framework presented Convention on the Protection of the in the study fails to pay sufficient Rights of All Migrant Workers and consideration to the rich case law of the Members of Their Families, are presented Inter-American Court of Human Rights,
EMRIP forum held once a year in Geneva. EMRIP (2019)
27 LAW MONITOR OxMo Vol. 8, No. 2 a Court which has been deciding on The author cases related to forced displacements of Indigenous Peoples on the continent Anne-Cécile Leyvraz holds a PhD in international for years. It has decided on disputes law from the Graduate Institute of International involving forcibly displaced indigenous and Development Studies in Geneva. She communities and also had the opportunity currently works as a research fellow at the to tackle the presence of non-community University of Applied Sciences and Arts members transiting and settling on Western Switzerland – Lausanne (HES-SO) on indigenous territory. The same criticism a project entitled ‘asylum and indigeneity in can be made with respect to decisions the context of ongoing displacement at the adopted by the African Commission on Ecuadorian and Colombian border: a juridical Human and Peoples’ Rights. While case- and anthropological analysis’. This exploratory law is only mandatory for the parties project aims at mapping mobilities in the border to the dispute, it nevertheless gives area between Colombia and Ecuador and meaning to international norms (Daillier looking at the impact on indigenous territories and Pellet 2002). and legalities.
Conclusion Bibliography ÅHRÉN, M. (2014) ‘Une introduction aux This contribution has discussed a recent dispositions sur les terres, territoires et study on indigenous migration from a legal ressources naturelles de la Déclaration des droits des peuples autochtones’ 201-216, in Charters, perspective and underlined strengths C. and Stavenhagen, R. (eds) La déclaration and weaknesses of the legal framework des droits des peuples autochtones : Genèse, presented in the study. Indigenous enjeux et perspectives de mise en œuvre, Paris, migration should not be conceptually and Éditions l’Harmattan. analytically disconnected from commonly BELLIER, I. AND PRÉAUD, M. (2011) ‘Emerging understood definitions of migration, but issues in indigenous rights: transformative effects the specificities of Indigenous Peoples of the recognition of indigenous peoples’, cannot be disregarded. Additional legal International Journal of Human Rights, 16(3): research is still necessary to further 474–488. contribute to the understanding and implementation of the UN Declaration BERGER, D. N. (ed.) (2019) The Indigenous World 2019, Copenhagen, International Work on the Rights of Indigenous Peoples in Group for Indigenous Affairs - IWGIA. the context of migration. Future research should also pay due consideration to BLAKE, C. (2008) ‘Normative Instruments in existing decisions adopted by regional International Human Rights Law: Locating the judicial bodies. And as research moves General Comment’, Working paper of the forward, it should also consider how Center for Human Rights and Global Justice. indigenous migration challenges current CHETAIL, V. (2017) ‘The Architecture of approach to migration and mobilities and International Migration Law: A Deconstructivist build on a legal framework that complies Design of Complexity and Contradiction’ with their own ontologies. American Journal of International Law, 111: 18- 23.
CHETAIL, V. (2014) ‘Sources du droit international de la migration’ 69-106, in Opeskin, B., Perruchoud, R., and Redpath-Cross, J. (eds) Le droit international de la migration, Genève, Schulthess.
EXPERT MECHANISM ON THE RIGHTS OF INDIGENOUS PEOPLES (2018) Study on Indigenous Peoples’ Rights in the Context of
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Borders, Migration and Displacement. Call for YESCAS ANGELES TRUJANO, C. (2008) submissions. Available from: Indigenous Routes: A Framework for
HUMAN RIGHTS COUNCIL (2019) ‘Indigenous peoples’ rights in the context of borders, migration and displacement. Study of the Expert Mechanism on the Rights of Indigenous Peoples’, 18 September 2019 (A/HRC/EMRIP/2019/2/ Rev.1).
HUMAN RIGHTS COUNCIL (2016) ‘Resolution adopted by the Human Rights Council on 30 September 2016. 33/25. Expert Mechanisms on the Rights of Indigenous Peoples’, 5 October 2016 (A/HRC/RES/33/25).
IWGIA (2019) ‘IWGIA condems killing of indigenous leader in Brazil’, 29 July 2019. Available from:
NAFZIGER, J. A. R. (1983) ‘The General Admission of Aliens under International Law’, The American Journal of International Law 77(4): 804–847.
DAILLIER, P. AND PELLET, A. (2002) Droit international public, 7e édition, Paris, L.G.D.J.
RODRÍGUEZ-PIÑERO ROYO, L. (2014) ‘“S’il y a lieu” : supervision et mise en œuvre des droits des peuples autochtones conformément à la Déclaration’ 316-342, in Charters, C. and Stavenhagen, R. (eds) La déclaration des droits des peuples autochtones : Genèse, enjeux et perspectives de mise en œuvre, Paris: Éditions l’Harmattan.
SAROLÉA, S. (2006) Droits de l’homme et migrations: de la protection du migrant aux droits de la personne migrante, Bruxelle, Bruylant.
WATTS, J. (2017) ‘Amazon land battle pits indigenous villagers against might of Ecuador state’, The Guardian, 19 March 2017. Available from:
WELLER, M. (2018) ‘Self-Determination of Indigenous Peoples. Articles 3, 4, 5, 18, 23, and 46(1)’ 115-149, in Hohmann, J. and Weller, M. (eds) The UN declaration on the rights of indigenous peoples: a commentary, Oxford, Oxford University Press.
29 When ‘Qualifying’ as a Refugee Gets You Permanent ‘Illegal’ Status in Hong Kong Annie Li
Debates around the categorical difference between refugees and migrants are often underpinned by the idea that refugees enjoy better protection than other migrants. However, this is not necessarily the case in Hong Kong. Advocacy for both the application of the Refugee Convention in Hong Kong alongside non-Refugee Convention forms of admission and stay needs to be stepped up to ensure individuals are offered the protection they need.
The debate about whether refugees are no guarantee they can re-enter the categorically different to migrants and so city. While UNHCR may help refugees should be treated as non-migrants is often resettle to another place, as of March informed by the idea that refugees enjoy 2018, only four people out of 75 whose better protection than other migrants. claims have been substantiated under However, this is not true everywhere. the Refugee Convention grounds since In some jurisdictions, refugee status Hong Kong began assessing claims severely limits access to rights. in 2014 have been resettled (Hong In Hong Kong, the 1951 Refugee Kong Immigration Department 2018). Convention does not apply, as China Others risk potentially being stuck in has not extended its application to the permanent illegality. territory.1 However, the Government of This means that, contrary to a Hong Kong has a policy of giving non- common understanding and the refoulement protection to those that principle of non-discrimination, the meet an adapted definition of ‘refugee’ process of seeking refugee status can under the Refugee Convention, as well as result in an irreversible situation and a those that face risks of torture or violation significantly worse one than for those of certain rights enshrined in the Hong who come to Hong Kong as migrants Kong Bill of Rights (Hong Kong Bill of in pursuit of employment, family Rights Ordinance 2017). Generally, only reunification or studies. This differential persons subject to removal can apply treatment is based on the legal pathway for this protection, and their ‘illegal taken for migration, which may have no immigrant’ status remains even when correlation with whether the person is non-refoulement protection is granted. in need of protection. There are indeed Their children, even if born in Hong people who have moved as labour Kong, also inherit this irregular status. migrants but who also face risks in their This classification severely limits home countries which relate to one of refugees’ ability to access rights. Most the three grounds for non-refoulement significantly, refugees in Hong Kong recognised in Hong Kong: persecution, have no right to take up paid or non- torture, and violation of rights. Justice paid work and have limited freedom Centre Hong Kong (2017), for example, of movement. Furthermore, once a found two individuals who came to refugee leaves Hong Kong, there is Hong Kong on a work visa because they faced risks of violence inflicted by State officials or domestic violence and 1 The United Kingdom did not extend the application of forced labour. the 1951 Refugee Convention to Hong Kong before the handover of Hong Kong to China in 1997, and China did In order to enrich discussions on non- not extend it to Hong Kong either thereafter (See United Refugee Convention forms of protection Nations Treaty Collections, at https://treaties.un.org/Pages/ in light of the adoption of the Global showDetails.aspx?objid=080000028003002e&clang=_en).
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Compact for Migration in December Although Rose worked for more than 2018, the United Nations Office of the seven years in Hong Kong, her situation High Commissioner for Human Rights was compounded by a lack of access (OHCHR) and the law firm DLA PIPER to permanent residence. Due to the (DLA PIPER and OHCHR 2018) released government regulations on migrant a mapping of national practices of domestic workers, she could not access admission and stay based on human a permanent residence no matter rights and humanitarian grounds. how long she had worked in Hong Among the ten jurisdictions studied in Kong.5 Her visa expired when her last the mapping, Hong Kong was the only employment contract ended and she one where protection does not and will could not prepare the paperwork for never lead to regular status.2 While it is another contract in time. She was then possible to apply for family unification, subject to removal. While overstaying, an employment or student visa in she gave birth to a child out of wedlock Hong Kong, the likelihood of success is and therefore felt even more unsafe to uncertain as applicants are regarded as return to her country of origin. The birth irregular migrants.3 of her child also made it difficult for The case of Rose4 (Anderson & Li 2018) Rose to continue to work as a migrant illustrates the dilemma those working domestic worker in Hong Kong. Even in Hong Kong while being in need of if the Immigration Department were protection can face. As a child from a to issue her an employment visa after very poor rural area in a country in Asia, overstaying, Rose, like all migrant Rose was forced by her father to marry domestic workers in Hong Kong, would his creditor as repayment of his debts. be required to live together with their She had to work for her husband’s family employers. However, there are few for sixteen hours a day and was often employers who would host a worker slapped, hit, kicked and raped by her accompanied by an infant. With no husband. Her parents were too poor to employment contract, Rose made a get proper medical treatment for her so, claim for non-refoulement protection, in desperation, they borrowed money even though this claim will not lead to to pay an agent to arrange work for her regular status in Hong Kong either. as a domestic worker in Hong Kong. As Rose’s case shows, further research Becoming a domestic worker in Hong is needed to explore the accessibility Kong was both a means to flee and to of various migration paths and the support her family financially. She did possibility to change between different not know about the non-refoulement legal statuses, including in the case protection mechanism in Hong Kong. of labour migrants, such as domestic The fact that she came to Hong Kong on workers like Rose, and non-refoulement a work visa but not as an asylum seeker had no correlation with whether or not 5 According to section 2(4), Immigration Ordinance, Cap. she needed protection. 115, a person shall not be treated as ordinarily resident in Hong Kong during any period in which he or she remains in Hong Kong as a “foreign domestic helper”. This excludes migrant domestic workers from access to the right of abode under Article 24(4) of the Basic Law, which states that persons not of Chinese nationality who have entered 2 Other than while acting as a prosecution witness for human Hong Kong with valid travel documents, have ordinarily trafficking cases. (DLA PIPER and OHCHR, 2018, p.13). resided in Hong Kong for a continuous period of not less 3 Grounds for stay as regular migrants in other jurisdictions than seven years and have taken Hong Kong as their place of studied in the mapping include being a victim of domestic permanent residence before or after the establishment of the violence, coming from a country with an environmental Hong Kong Special Administrative Region are permanent disaster or having serious illnesses. (DLA PIPER and OHCHR, residents of Hong Kong. Other subsections of Article 24 are 2018, p.10, 14 and 16). applicable to Chinese nationals and citizens, persons born in Hong Kong or persons who had the right of abode in Hong 4 This name is a pseudonym to protect the individual’s Kong only before the handover in 1997, and are therefore identity. generally not applicable to migrant domestic workers.
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claimants. This knowledge can help us The author to better assess the protection needs and differential treatment of individuals Annie Li is the Senior Research and Policy Officer who reside in Hong Kong under such at non-governmental organisation Justice Centre different legal statuses. The recent Hong Kong. Annie holds a Bachelor of Social study published by OHCHR and DLA Sciences (Government and Laws) degree and a Piper (2018) was a first step towards Bachelor of Laws degree from the University of informing discussions in Hong Kong on Hong Kong, and studied at Sciences Po Paris as this subject and highlighted the need to an exchange student. provide people, including refugees and other migrants, a regular status and the protection they need. Bibliography Crucially, instead of debating whether ANDERSON, J. and Li, A. (2018) ‘Refugees refugees are or are not migrants, it or Victims of Human Trafficking? The case of is integral that policymakers, United migrant domestic workers in Hong Kong’, Anti- Trafficking Review 11: 52-68. Nations agencies and civil society spend more time on advocating for better HONG KONG (2017). Hong Kong Basic Law. protection for all persons outside their Available from: https://www.basiclaw.gov. country of origin in vulnerable situations. hk/en/basiclawtext/index.html (accessed 12 In addition, advocacy for both the September 2019). application of the Refugee Convention HONG KONG (2017) Hong Kong Bill of Rights in Hong Kong alongside non-Refugee Ordinance, Cap. 383, Hong Kong e-Legislation. Convention forms of admission and Available from: https://www.elegislation.gov.hk/ stay needs to be stepped up to ensure hk/cap383 (accessed 12 September 2019). individuals are offered the protection they need. HONG KONG (2018) Immigration Ordinance, Cap. 115, Hong Kong e-Legislation. Available from: https://www.elegislation.gov.hk/hk/ cap115 (accessed 12 September 2019).
HONG KONG IMMIGRATION DEPARTMENT (2018) Meeting of the Subcommittee to Follow Up Issues Relating to the Unified Screening Mechanism for Non-Refoulement Claims of the Legislative Council of Hong Kong on 27 March 2018, at 11:56. Available from: https://webcast.legco.gov.hk/mobile/player.
32 The Politics of Exhaustion: Immigration Control in the British-French Border Zone Marta Welander
Within a climate of growing anti-immigration and populist forces gaining traction across Europe, and in response to the increased number of prospective asylum seekers arriving in Europe, recent years have seen the continued hardening of borders and a disconcerting evolution of new forms of immigration control measures utilised by states. Based on extensive field research carried out amongst displaced people in Europe in 2016-2019, this article highlights the way in which individuals in northern France are finding themselves trapped in a violent border zone, unable to move forward whilst having no obvious alternative way out of their predicament. The article seeks to illustrate the violent dynamics inherent in the immigration control measures in this border zone, characterised by both direct physical violence as well as banalised and structural forms of violence, including state neglect through the denial of services and care. The author suggests that the raft of violent measures and micro practices authorities resort to in the French-British border zone could be understood as constituting one of the latest tools for European border control and obstruction of the access to asylum procedures; a politics of exhaustion.
Introduction in certain countries such as the United Kingdom. Across Europe, individuals arriving In the specific case of the United with the hope of seeking international Kingdom, its juxtaposed border protection often face severe forms of arrangements with France (Home Office obstruction of access to the European 2017) mean that safe and legal routes to asylum system and procedures. Arguably seek asylum in Britain are next to non- a reflection of European states’ attempts existent,1 and have led to the emergence to appease the growing ‘populist of a ‘border zone’ stretching from Calais right’ and anxious populations, and and Grande-Synthe in northern France potentially as a reaction to the deadlock to the capitals of Brussels and Paris if surrounding the reform negotiations not further afield. Within this border surrounding the Common European zone, a violence producing Politics of Asylum System, an often unforgiving Exhaustion2 plays out, with the objective implementation of deterrence policies of ‘exhausting [prospective] asylum signals states’ eroding willingness seekers, mentally and physically, with and ability to uphold their obligations the ultimate goal of deterring them under international human rights law, from approaching Britain for asylum, or including the right to seek asylum. The indeed other European asylum system.’ ways in which European states achieve this obstruction of access to asylum are wide-ranging, but could be broadly 1 This article refers to safe and legal routes to reach the UK from other European countries (specifically, via France) in grouped into three main approaches: the order to seek asylum, whilst not referring to resettlement externalisation of asylum and migration schemes of prospective asylum-seekers of individuals with management to non-European countries refugee status from other parts of the world. such as Turkey, Libya and Morocco; 2 The concept is being further developed as part of the push-backs conducted without proper author’s ongoing doctoral research project at the University of Westminster, UK. Situated within critical border and legal formalities and deprivation of migration studies, the project draws explicit attention to liberty through restrictions of people’s the ethical and moral implications of European immigration freedom of movement as well as in the control in the British-French border zone. It is one of the very few in-depth academic research efforts that have taken context of detentions; and the denial place amongst displaced people seeking to cross the British- of safe and legal routes to seek asylum French border to-date.
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(Welander 2019). The article draws both and structural violence3 (Galtung 1969), on research and policy engagement including what could be referred to carried out by Refugee Rights Europe as ‘active neglect’ (Loughnan 2019) under the author’s leadership, as well whereby state actors withdraw services as qualitative field research interviews and care to produce suffering. Loughnan and participant observations which (2019) introduced the term ‘active the author carried out in her capacity neglect’ in the context of asylum seekers of PhD researcher at the University of at Australia’s doorstep, which she defines Westminster. The latter included 75 as the removal of government support formal and informal interviews with services combined with the erosion of displaced individuals and volunteer aid hope and wellbeing amongst refugees workers and volunteers in Calais, Paris and asylum seekers through unfulfilled and Brussels throughout 2018-2019, promises and refusals. Such ‘active and allow for further exploration of the neglect’, a form of indirect violence dynamics of the Politics of Exhaustion in perpetrated against prospective asylum the subsequent sections of this article. seekers, is an inherent part of the Politics of Exhaustion, and its harmful effects are testament to the violent nature of The emergence of politics of such policies. As such, the Politics of exhaustion in the British-French Exhaustion is a strategic and conscious border zone approach to mobility governance, rooted in the exhaustion of human efforts to As part of the Politics of Exhaustion, cross certain borders. In the case of the displaced individuals in the French- UK, it takes shape as an extension of the British border zone face a high British domestic ‘hostile environment’, intensity of regular evictions of living exported to French territory through spaces, random detention, removals, bilateral agreements (Prime Minister’s deportations and dispersals, untreated Office 2018) and juxtaposed border health problems, below-standard living controls in France (Home Office 2017) as conditions, and the continuous threat or well as vast amounts of British funding reality of violence. However, rather than (Full Fact 2018). seen as isolated and reactive instances of While northern France has been violence, uprooting and intimidation, the a migratory nodal point for many micro practices and measures resorted decades, the Politics of Exhaustion in to here are best understood as forming this border zone arguably reached its a high-level strategic state approach first notable peak during the existence aimed at preventing individuals from of the so-called Calais ‘Jungle’ camp in crossing the British border and enter 2015-2016; an informal camp built by the asylum system there. This has very volunteers and displaced individuals serious impacts on the lived realities themselves, which at its height hosted of individuals in the border zone. The up to 10,000 individuals. During this concept ‘Politics of Exhaustion’ was period, the politics of exhaustion mainly first introduced by the author alongside took the shape of large-scale evictions Dr Leonie Ansems De Vries of King’s and a successively shrinking living space College London, in the context of the Calais camp in 2016 (Welander and 3 Galtung (1969: 170) suggests that undercurrents of violence Ansems De Vries 2016). may be equally harmful: ‘…there may not be violence in the The Politics of Exhaustion is made up sense that anyone is hit or hurt, but there is nevertheless the threat of physical violence and indirect threat of mental of both overt forms of physical violence violence that may even be characterized as some type of perpetrated against displaced people psychological violence since it constrains human action.’ by police officers, as well as banalised Written 50 years ago, Galtung’s notion of structural and indirect violence is highly relevant to these contemporary forms of immigration control.
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for an ever-growing population, as well crossing from other nearby locations, as detention, indiscriminate use of tear while others were taken on coaches gas, police violence and the obstruction to French asylum reception centres of aid (Welander and Ansems De across the country. A scandalous failure Vries 2016a; Refugee Rights Europe to ensure the safeguarding of children 2016a). In March 2016, a court ruling in the camp meant that hundreds of permitted the French state authorities children were unaccounted for and were to proceed and demolish the southern lost in the process (BBC News 2016; part of the camp, which was home to Welander and Ansems De Vries 2016b; several hundred individuals, including Taylor 2016). many family units. This inevitably led to the containment of all camp residents within a much more confined space, The aftermath of the ‘jungle’ and the which sparked heightened tensions and continuation of exhaustion allowed for fires to spread more quickly, and generally created an increasingly The period that followed, from October difficult daily existence in the camp. 2016 onwards, was characterised Some seven months later, in October by a sustained period of complete 2016, the camp was eventually destitution and systematic police demolished in its entirety, partly intimidation, which included seemingly flattened to the ground by bulldozers nonsensical if not outright bizarre and partly going up in flame through practices, where the absence of a camp explosive fires. Several thousand former forced individuals into hiding in small camp residents fled the war-like scene forests and woodlands in and around and continued to attempt the border Calais. Repeated evictions of makeshift
Eviction of the Calais ‘Jungle’ continues, 2016. Rob Pinney
35 POLICY MONITOR OxMo Vol. 8, No. 2 living spaces, coupled with dispersals, aid supplies and donations directed at uprooting and sleep deprivation made human security saw a steady depletion people’s existence in the border zone due to the systematic confiscation riddled with exhaustion and mental and destruction of tents and personal health concerns. Many of those belongings by police which required individuals who had been dispersed constant renewal of supplies at a rate across France to asylum reception and that was often more rapid than incoming orientation centres (Centres d’accueil et public donations in the warehouse run d’orientation, CAO) to have their asylum by the aid groups on the ground. or family reunion claims processed at The impediment of aid work, the time of the Jungle camp clearance, exhaustion of supplies, and widespread would start to make their way back sense of hopelessness in the face of to the Calais area in order to ‘take destructive and unforgiving state policies matters into own hands’ (Refugee would start to induce an increasing burn- Rights Europe 2017). During the same out and depression amongst volunteers period, an investigation by the French and aid groups (The Guardian 2017). administration and security forces’ Sustained over time, the same policies internal investigations departments and practices have contributed to an found evidence that police has used increasingly deteriorating mental health ‘excessive force and committed other situation amongst sleep-deprived and abuses against child and adult migrants abused displaced people. In October in Calais’ (Human Rights Watch, 2017). 2018, a team of mental health experts In the same period, Human Rights on the ground noted ‘clear signs of Watch found that police in Calais, in depression, anxiety and hopelessness particular the so-called Compagnies as people get trapped in a cycle of républicaines de sécurité (CRS), would rejection from countries across Europe use pepper spray on both children and and in the case of northern France, at adults alike, including whilst sleeping the border, with no obvious way out of and in other contexts where they posed their predicament’ (Lloyd et al, 2018). A no threat. The same report highlighted few months later, in April 2019, a trauma how police officers would also “regularly expert stated with concern: spray or confiscate sleeping bags, blankets, and clothing; and sometimes ‘There’s a lack of sleep, degradation use pepper spray on migrants’ food and of humanity, people not feeling water. Police also disrupt the delivery human. All of this has significant of humanitarian assistance.” (Human impact on mental health. […] I Rights Watch, 2017). think it’s got worse, increasingly, In January 2018, France and worryingly.’ (Anonymous interview Britain signed the Sandhurst Treaty, in Calais, 24 April 2019). which involved an additional funding commitment of £44.5 million towards fencing, CCTV and detection technology Politics of exhaustion, a subtle in Calais and other Channel ports. The yet inherently violent approach to amount complemented the previous immigration control British investment of approximately £100 million. On the occasion, then- Politics of Exhaustion is a relatively Prime Minister Theresa May stated: subtle approach to mobility governance, ‘The further investment we have agreed compared to the more drastic and overtly today will make the UK’s borders even illegal alternatives of mass-detention, more secure’ (France 24 2018). In stark blanket returns and refoulement. This juxtaposition to this large-scale infusion makes this particular approach to of additional funding for ‘border security’, immigration control more difficult to
36 POLICY MONITOR OxMo Vol. 8, No. 2 challenge from a legal perspective. As The author such, the Politics of Exhaustion could be understood as a manner in which liberal Marta Welander is the Executive Director of the democracies continue to both counter- non-governmental human rights organisation act and seemingly uphold their status Refugee Rights Europe. Under her leadership, as law abiding nations at the same time, the organisation has conducted extensive field operating functioning asylum systems research in refugee camps and settlements and paying lip service to international and across Europe, interviewing and surveying human rights law. Equally, from a moral more than 6,000 refugees and displaced stand-point, the Politics of Exhaustion people, subsequently conducting human rights is propped up by the prevalent British advocacy work. Marta is a PhD candidate and policy and media narrative of so called visiting lecturer at the University of Westminster, ‘illegal migrants’, providing a moral where she researches European violence alibi for the violent maintenance of a and rights violations in the context of the sealed border obstructing the access contemporary ‘refugee crisis’. Marta holds an to asylum, unfolding before the eyes MA in Human Rights & Democratic Governance of their national constituencies and from the European Inter-University Centre for international watch dogs. Human Rights (EIUC), and an MA in International In sum, the concept of Politics of Relations from King’s College London. Prior to Exhaustion helps to make sense not that, she obtained a BA (Hons) in International only of direct physical violence in Relations and Arabic from the University of border zones, but also more banalised Westminster. violence and micro practices, aiding to our understanding of the inherent Acknowledgments role which violence plays in European countries’ immigration control. Taking The author would like to express her sincere the French-British border zone as an gratitude to those displaced individuals, aid example, this article has explored a workers and volunteers who took part in the range of measures and micro practices various aspects of the field research. which, taken together as a whole, could be understood as constituting a harmful and violent system of contemporary Bibliography European immigration control. This ANONYMOUS. (2019) Interview with mental approach, which may succeed in health expert, April 2019. appeasing the growing populist right BBC NEWS (2016) ‘Calais ‘Jungle’: Demolition and anxious European populations, crews pull down migrant camp’, October 25. stands in tension with states’ ability to uphold international human rights law, FRANCE 24 (2018) ‘‘Sandhurst Treaty’: Britain whilst arguably adding further fuel to and France agree new deal on border security’, the now widespread toxic rightist and January 18. xenophobic discourses witnessed across FULL FACT (2018) How much is the UK spending Europe. on security at Calais? (online), Available from:
GALTUNG, J. (1969) ‘Violence, Peace, and Peace Research’, Journal of Peace Research 6(3): 167-191.
HOME OFFICE (2017) Fact sheet: The UK’s juxtaposed border controls (online), Available from: 37 POLICY MONITOR OxMo Vol. 8, No. 2 fact-sheet-the-uks-juxtaposed-border-controls/> WELANDER, M. AND L. ANSEMS DE (Created 11 July 2017, last updated 16 January 2018, VRIES (2016b) Calais demolition: ‘mission accessed 28 September 2019). accomplished’, the politics of exhaustion and continued struggles for mobility (online), HUMAN RIGHTS WATCH (2017) France available from: PRIME MINISTER’S OFFICE (2018) United TAYLOR, D. (2016) ‘Calais: concerns grow for Kingdom-France Summit Communique, Royal refugee children who missed UK-bound buses’, Military Academy Sandhurst, 18 January Guardian October 28. 2018 (online), Available from: WELANDER, M. (2019) The Politics of Exhaustion and the British Sea Crossings Spectacle (online), Available from: WELANDER, M. AND L. ANSEMS DE VRIES (2016a) Refugees, displacement, and the European ‘politics of exhaustion’ (online), Available from: 38 Eight Years of Displacement: Syria’s Statelessness Still Unidentified Thomas McGee and Zahra Albarazi While statelessness is not a new problem for Syria, the civil war has brought about additional risks and instances of becoming stateless. It has also transformed situations and vulnerabilities for those who already lacked Syrian citizenship. Greater efforts are urgently needed to understand the impacts of statelessness within post-conflict and forced displacement contexts, and as a platform for change there needs to be heightened understanding and identification of the issue. This article will outline the characteristics of the main stateless profiles, and then will go on to focus on the challenges and need for identification of stateless persons and risks of statelessness. Introduction largely due to a lack of understanding and identification of the issue. Understanding In over eight years, the Syrian conflict has who is affected by the problem can inform brought new and unforeseen challenges strategies to combat the discrimination to the country, region and the world - they face and advocate for an end to as well as reshaping old problems. One situations perpetuating statelessness such challenge is addressing the issue in the first place. This article seeks to of statelessness.1 Statelessness is not highlight the current gaps in identification a new phenomenon in Syria, since the of statelessness and suggest good country was already home to one of the practices to overcome them. largest populations of stateless persons in the world prior to the war (Van Waas 2010; ISI 2014), with discrimination Statelessness among Syrians: historic embedded in its nationality law and and new profiles practice (Global Campaign for Equal Nationality Rights and ISI 2016: 5-7). Existing situations However, the protracted conflict has significantly shaped the issue in two key As the two main affected groups in ways: changing the nature of existing Syria, statelessness for Syrian Kurds and statelessness problems and producing Palestinians has been the result of specific new instances of statelessness. Looking historic events – the 1962 discriminatory forward, there is an urgent need to census in Syria’s north-eastern Hassaka address challenges facing stateless governorate and the 1948 Nakba (mass communities and prevent new cases of expulsion of Palestinians) respectively.2 statelessness. Both groups have faced conflict-induced Relevant stakeholders in the Syrian vulnerabilities and new experiences in refugee context - including states - must displacement contexts since 2011 (NRC proactively work on how best to prevent and ISI 2016). new cases of statelessness and to protect While Syria’s political unrest in 2011 the rights of those already stateless. led the government to concede to Unfortunately, strategic responses to the naturalisation of one sub-group address statelessness have been limited; of stateless Kurds (the ajanib), this action excluded another category (the 1 The 1954 Statelessness Convention defines a stateless person as someone ‘who is not considered as a national 2 It should be noted that most Palestinians residing in by any State under the operation of its law’: http://www. UNRWA mandated countries, as well as other ‘stateless unhcr.org/ibelong/wp-content/uploads/1954-Convention- refugees’, are not included in UNHCR’s global statistics of relating-to-the-Status-of-Stateless-Persons_ENG.pdf stateless persons. 39 POLICY MONITOR OxMo Vol. 8, No. 2 maktumeen). The latter, and ajanib unable and displacement are generating to benefit from the concessions (Albarazi new cases of individuals at risk of 2013), generally faced increasingly statelessness. Women whose children restricted freedom of movement and are born with no legally established heightened risk of detention in the early paternity continue to face problems years of the conflict due to an inability to in passing their Syrian nationality to present recognised identity documents the next generation. This is especially at checkpoints that were proliferating problematic in displacement or asylum the country. When fleeing Syria, contexts, since a Syrian woman cannot maktumeen and non-naturalised ajanib pass on her own nationality when the have also found themselves excluded child is born outside the country.3 from some formal resettlement solutions An additional challenge is the lack of available to other vulnerable refugees access to civil registration procedures in neighbouring countries (ENS and ISI in neighbouring countries and in Syria, 2019). Of those reaching Europe, there particularly for birth registration. Birth is a common narrative of complex legal certificates record where an individual limbo due to their statelessness. was born and who the parents are, so With regards to Palestinians, their without proof of this information it may statelessness vulnerabilities are also become difficult for an individual to significant. Firstly, both Jordan and access their nationality. In neighbouring Lebanon had restrictions on allowing countries, problems of access include Palestinians to cross their borders when complex procedures, lack of awareness fleeing Syria (UNHCR 2017), with only of their workings, the need for Syrians admitted, which meant that documents that are unobtainable and stateless Palestinians were often left government employees taking large stranded at the border and unable to fees for authenticating documents. flee (HRW 2014). Families were split This often leaves sub-groups within the as to who could and who could not Syrian refugee community at particular enter a neighbouring country (Amnesty risk of statelessness, such as children International 2014). Additionally, some born within female-headed households have also found themselves without or child marriages, undocumented protection from any UN agency. The refugees and refugees not registered UN mandated organisation to provide with UNHCR (NRC and ISI 2016).4 In Syria, assistance for Palestinian refugees is civil registration becomes complicated UNRWA. Many Palestinians who had not for individuals who have lived in areas registered with the agency in Syria found outside government control. There were themselves in need of this assistance no NGOs or humanitarian actors working once displaced, but registering with on facilitating documentation in these UNRWA in secondary displacement areas to compensate for the breakdown contexts is challenging if not impossible. of governmental systems. Alternative Additionally, as Palestinians it was not systems were not well established (IRC possible to register with UNHCR, and 2016). This means that those who lived therefore in practice many fell into a in these areas, and ultimately end up protection gap where they were served elsewhere in second or third waves by no UN agency (Erakat 2014). 3 According to Syrian Nationality Law Legislative Decree 276, Article 3: https://www.refworld.org/pdfid/4d81e7b12.pdf New cases 4 For good practice examples on how some of these challenges were overcome, see UNHCR (2016) In Search of Solutions: Addressing Statelessness in the Middle East and Meanwhile, gender-discriminatory North Africa: http://www.refworld.org/docid/57dbdaba4. provisions within Syrian legislation, html. This research was generated as part of UNHCRs #IBELONG campaign to end statelessness in 10 years: as well as the present context of conflict https://www.unhcr.org/ibelong/ 40 POLICY MONITOR OxMo Vol. 8, No. 2 of displacement, may be completely statelessness or risks thereof. The undocumented or have documents not majority of these countries have not considered legitimate. ratified the 1951 Refugee Convention and therefore do not carry out their own refugee determination procedure The challenges of being both stateless or have any legal ‘refugee’ status and a refugee (Akram 2018). None of these states has a Statelessness Determination ‘Isn’t it better to say I am a Syrian Procedure either. This means that the national but I lost my papers?’ identification of these individuals is (Stateless Syrian, Greece) left to UNHCR, where statelessness is not always recorded. Additionally, The displacement of Syrians to there is sometimes a tendency, like in neighbouring countries and to Europe the Kurdistan Region of Iraq, for the means that the stateless population is authorities and refugee protection dispersed across wide geographical actors to opt not to distinguish between areas, and under various foreign legal stateless and citizen Syrian refugees systems, many of which have no formal (McGee 2016). statelessness determination procedure While it may be argued that such in place. Identification of cases will help an approach avoids discriminating stakeholders develop strategies on against certain refugees on the basis how to prevent new cases and how to of nationality status (including lack of protect existing cases; however, this is nationality), this may simultaneously yet to be done effectively. Obtaining conceal the vulnerabilities of those reliable statistics and information about who are stateless. These ‘hidden’ the number and profiles of stateless vulnerabilities can be activated when Syrians and those at risk of statelessness, refugees leave that country, such as remains notoriously difficult for a number being unable to access assistance of reasons – but primarily due to the available for Syrian nationals, or if they lack of awareness and identification by seek to travel to other destinations (ENS those who work with them. Additionally, and ISI 2019). To resolve this, people stateless Syrians are often reluctant without nationality may seek to return to disclose their lack of nationality as illegally to Syria in the hope of acquiring a result of perceptions that this might documentation (possibly through expose them to further vulnerabilities bribes) or may resort to acquisition of and challenges with bureaucratic and fraudulent documents. Such negative security structures, both in Syria and coping strategies are known to put when abroad. stateless refugees at risk. Also, a lack of awareness and understanding of statelessness among Displacement to neighbouring countries other stakeholders means that the statelessness of many stateless refugees ‘We have always been maktoumeen, is ignored in response projects. For but now we are maktoumeen and instance, many lawyers providing free living in another country. That means legal assistance to Syrian refugees we really, really don’t belong. I across the region have little familiarity don’t know what the future will bring with the main statelessness risk factors for my girls.’ (Khalid, Sulaimaniya, and what statelessness means in the Kurdistan Region of Iraq) context. Perhaps one solution here would be to have integrated teams of In neighbouring countries to Syria staff or volunteers from the host and there is very little attempt at identifying Syrian communities (the latter being 41 POLICY MONITOR OxMo Vol. 8, No. 2 expected to have more awareness of the but instead use other labels such as statelessness problem). One of the few ‘persons of undetermined nationality’ - Syrian lawyers qualified to practise in the further complicating identification. This Kurdistan Region of Iraq explained that, means that a stateless refugee will in ‘I receive many cases from those who most cases only be viewed as a refugee, are stateless, and usually they feel they with the stateless vulnerability ignored have been misunderstood. While I am and not addressed. Also, the idea that not always able to completely resolve refugees in Europe are automatically their legal problems, I can advise them on a path to become nationals is not on any available solutions within Syrian always true. In Sweden and Denmark, law.’ Such advice must complement for example, the current situation is that legal information specific to the host many Syrians only receive ‘temporary country in which Syrians find themselves. protection’ - with no automatic route to naturalisation (Tucker 2017). What is needed is more expertise Experiences in Europe5 in identifying those who are genuinely stateless or undocumented and at risk One of the major concerns for stateless of statelessness and it is important that Syrians has been whether their status protection and outreach teams are able will be well understood in humanitarian to identify those who are stateless. Given and asylum systems. A number of this new reality, it is imperative that stateless Syrians encountered during staff working with Syrian refugees and transit through Greece in early 2016 ‘asylum seekers’ (be they government mentioned a fear that acknowledging case workers, legal assistance providers their statelessness to the authorities or from asylum support charities) in a might complicate their situation wide range of different countries are well and reduce their chances of finally acquainted with the particular profiles reaching refuge in northern Europe. at risk of statelessness.6 Unlike other Some stateless persons have acquired stakeholders, the affected population forged documents in order to travel to themselves are usually very much aware asylum countries (both European and of their stateless status, and therefore a neighbouring Syria) or have had them role for many of the refugee focal points produced as they believe that their claim in Europe and the many refugee social to be Syrian would otherwise not be networking groups is to encourage the considered credible. Within immigration community to inform authorities of their systems, there is understandably a statelessness - or worries about the risk challenge to determine who is really of statelessness - once they are settled. stateless - so their fears are at times If this begins to be done effectively, it legitimate. Stateless Syrians have been could put growing pressure on states to at risk of exclusion from resettlement take this vulnerability more seriously. procedures - this for example was true in the UK’s Vulnerable Person Resettlement (VPR) scheme (which later in 2017 Conclusion expanded its selection criteria), and for selection from embassies as proving Syria’s statelessness problem is no their legal link to their children was not longer a localised and static problem, possible. Some states in Europe do not have a 6 The European Network on Statelessness’s recently published statistical category for ‘stateless persons’, Syria Country Position Paper (2019) seeks to address the lack of awareness on this issue: https://statelessjourneys.org/wp- content/uploads/StatelessJourneys-Syria-August-2019.pdf; 5 A good source of information on Europe’s response to See also the toolkit developed by NRC and ISI: http://www. stateless refugees is: www.statelessjourneys.org. syrianationality.org 42 Street life in Aleppo, Syria Thomas McGee OxMo Vol. 8, No. 2 but rather a mobile issue affecting many The authors disparate sites. From stateless persons ‘stuck’ in ‘protective custody’ on Greek Zahra Albarazi is an independent human islands to those seeking to prove their rights lawyer and activist, working in the field status within asylum appeals in Western of statelessness. She is also currently a Board Europe and stateless refugees in Syria’s member and Research Director of the Syrian neighbouring countries, it is essential Legal Development Programme. that those working with Syrians have an awareness of the multiple new Thomas McGee is a PhD Researcher at the Peter risk groups of statelessness as well as McMullin Centre on Statelessness, University the historically stateless populations of Melbourne and Individual Member of the from Syria. A major challenge for European Network on Statelessness. actors working on statelessness and assistance to stateless Syrians is the Both authors have worked on statelessness need to develop a multi-sited response, in the Syrian context for more than a decade. and to mainstream understanding of Their involvement in the research projects statelessness across actors engaging ‘Understanding Statelessness in the Syria Refugee with Syrian displacement in a broad Context’ (www.syrianationality.org) and ‘Stateless geographical scope. Identification Journeys’ (www.statelessjourneys.org) has helped needs to be done effectively in order to in framing the content of this article. successfully prevent statelessness and protect stateless persons. 43 POLICY MONITOR OxMo Vol. 8, No. 2 ISI – INSTITUTE ON STATELESSNESS AND Bibliography INCLUSION (2014) ‘The World’s Stateless’, AKRAM, S. (2018) ‘The Search for Protection Oisterwijk, Wolf Legal Publishers. for Stateless Refugees in the Middle East: Palestinians and Kurds in Lebanon and Jordan’, MCGEE, T. (2016) ‘Statelessness Displaced: International Journal of Refugee Law, 20 (20): Update on Syria’s Stateless Kurds’, Statelessness 1-37. Working Paper Series 2. Available from: ERAKAT, N. (2014) ‘Palestinian Refugees and the UNHCR – UNITED NATIONS HIGH Syrian Uprising: Filling the Protection Gap during COMMISSIONER FOR REFUGEES (2017) Secondary Forced Displacement’, International ‘Return and Readmission of Palestinian Refugees Journal of Refugee Law 26(4): 581-621. from Syria (PRS) to Lebanon and Jordan’. GLOBAL CAMPAIGN FOR EQUAL VAN WAAS, L. (2010) ‘The situation of stateless NATIONALITY RIGHTS and ISI - INSTITUTE persons in the Middle East and North Africa’, ON STATELESSNESS AND INCLUSION (2016) United Nations High Commissioner for Refugees. Submission to the Human Rights Council at the 26th Session of the Universal Periodic Review: WOMEN’S REFUGEE COMMISSION (2013) Syrian Arab Republic. Available from: IRC - INTERNATIONAL RESCUE COMMITTEE (2016) ‘Identify Me: The Documentation Crisis in Northern Syria’. Available from: 44 Water Scarcity and Environmental Displacement in Southern Iraq: Perceptions and Realities Tiba Fatli This paper argues that climate change interacts and plays along with other factors that worsen environmental crisis and induce forced movement in southern Iraq. It makes the point that to understand and address environmental-induced displacement, scholars and policy-makers need to listen and understand the perceptions of those most impacted by climate change as their experiences differ from institutionalised narratives. It concludes by urging scholars in the field to integrate displaced people not only in understanding displacement but also in finding practical solutions to climate change and displacement. Water scarcity and displacement experience of displaced people whose lived experiences often differ from While there has been a growing institutionalised narratives on resource literature on environmental issues and management. Considering their displacement since the 1970s and opinions may push policy-makers away 1980s, there is considerable uncertainty from a management heavy response that of local perceptions of climate change, preserves the current refugee regime its impact on movement, and policy and towards addressing the root cause (Brown 2007; Dessai; O’Brien; Hulme of movement—climate change. 2007). Particularly absent in the The data is derived from around 60 discussion of policy responses are semi-structured interviews the author the opinions of people displaced by conducted with environmentally environmental issues related to climate displaced families, local activists, and change. In effect, the loudest voices in policy-makers in southern Iraq (refer this conversation, supposedly about a to Map 1 and 2). The purpose of this changing environment, are those farthest is to provide an understanding of how removed from shifting ecosystems. those who are directly affected by Current policy approaches to climate- water scarcity perceive the causes of induced refugees are not practical and the scarcity, and how officials who are are ineffective. working on policies related to water My research demonstrates that local and the environment perceive water government officials and international scarcity. These perceptions are analysed experts remain focused on water alongside data on various factors that conservation measures while displaced impact water scarcity in order to identify persons—farmers and marsh dwellers— knowledge gaps and policy-making advocate for action on climate change consequences. This fieldwork examines as a result of their displacement. To craft how the gap between displaced appropriate policy related to water- communities’ understandings of climate induced displacement, particularly change and that of local policy-makers under the threat of climate change, we differ, thus limiting the impact of the must understand this issue’s complexity latter’s attempts to prevent further and the different perceptions to displacement. Generally, the difference contextualise the different factors that in perceptions and understandings impact water resources, while paying of water scarcity and displacement special attention to the knowledge and shows the complexity of water-induced 45 POLICY MONITOR OxMo Vol. 8, No. 2 displacement in which stakeholders – water resources, land degradation, and whether displaced populations, local drought are decreasing the size of arable government officials, federal policy- land and herd size in southern Iraq, makers, non-governmental organisations and slowly making parts of the region or international development organisations inhabitable and difficult for traditional – focus on particular factors of water livelihoods. These weather events, Jane scarcity. McAdams argues, form ‘push’ factors for As the world is expected to reach farmers and animal herders in southern 1.5 degrees Celsius hotter in as Iraq to migrate, largely within the country, little as 11 years, slow and sudden- displacing people permanently. Climate onset environmental changes such change does not alone produce water as decreased rainfall and increased scarcity; it interacts with political and heatwaves are expected to occur with internal factors that continue to exacerbate increasing severity (Hoegh-Guldberg the water crisis in the south of Iraq and et al. 2018). Desertification, dwindling force people to move (Mayer 2018). Map 1. (left) Fieldwork sites - each of the pins represents a location of fieldwork site with community members Map 2. (bottom) Water crisis by location in southern Iraq (IOM 2018) 46 POLICY MONITOR OxMo Vol. 8, No. 2 A continuing history of environmental product of the insecurity in the country, displacement in southern Iraq but also a result of not being able to access basic services, particularly access Throughout contemporary history, to water (FMR 2007). water problems have played a role in the In the past year alone, water-induced forced movements of Iraq – a country of displacement in southern Iraq has 40 million people (World Bank 2019). increased by almost 50%; a total of 5,347 Eight years of war with Iran, the Gulf families have been displaced so far (IOM War, and decade-long sanctions in the 2019). Thi-Qar governorate is the most 1990s severely damaged Iraq’s water affected by water-induced displacement, systems (Nagy 2001; GLEICK 1993). The which as McAdam predicted, is largely Ba’athist government’s extensive and internal displacement. Of those that profound campaign draining 90% Iraq’s IOM is tracking, around 79% of families marshes further severely impacted Iraq’s were displaced to urban areas (2,790 water resources (Azzam et al. 2004). families) with only 21% to rural areas Environmental-induced displacement (757 families) (IOM 2019). during the 1990s, however, was My fieldwork reveals two types of temporary compared to the current water-induced displacement in Southern displacement. The main source of water Iraq. First, farmers with longstanding was intentionally diverted in 1990, tribal claims to land sell their farms which resulted in the displacement of the and move to urban centres as their majority of marsh dweller, who were later lands become not arable. Second, able to return to their land post 2003 nomadic marsh dwellers are no longer when the marshes were restored (Curtis able to rely on the wetlands to meet et al. 2006; Wetland International 2016). their livelihoods; their buffalos die, Post 2003, severe weather conditions fish populations collapse, and water worsened Iraq’s water crisis. Failure becomes scarce and polluted. And while of adequate water services was internal movement within the wetlands compounded by a severe drought in has long characterised the lives of marsh 2007, significantly hindering Iraqis’ dwellers, communities view their current access to water (IOM 2012). Those who movement as ‘forced’ and permanent. could not adapt to the increased scarcity, Beyond these generalisations there find alternative livelihoods sources, or are many adaptation strategies as afford to buy water were forced to move. people seek to remain in their homes. In 2007, the International Organisation Farmers bought buffalo and some marsh of Migration (IOM) reported that a dwellers worked the land. However, decline in safe drinking water and I heard an overwhelming number of sustainable water supplies coupled with stories of families who had tried both the 2007 severe drought forced 20,000 and were packing up anyway. The rural inhabitants in southern Iraq to leave permanence and significance of these their agricultural communities in search internal migrations is illustrated by two of water. This driver of displacement in quotes my informants shared. One Iraq happened in a setting where many farmer said ‘we don’t sell our land.’ A Iraqis were being displaced following marsh dweller said ‘when our buffalo the 2003 US occupation (Sassoon die, we die.’ Unlike displacement in the 2008). Meanwhile, 5,347 families fled 1990s—neither group will return anytime southern Iraq citing water scarcity (IOM soon. As Brown argues, migration is not 2019). The drivers of displacement were the first response to climate change, compounded by damaged infrastructure, other non-climatic factors interact with loss of economic opportunities, and and worsen existing problems before pressure of dwindling natural resources. people decide to move (Brown 2007). Iraqi forced displacement was not only a 47 POLICY MONITOR OxMo Vol. 8, No. 2 Local perceptions of causes of water sizes (Evans 2008). Since 2012, of Iraq’s scarcity 28% arable land, 1,000 sqm was lost each year to degradation. Meanwhile, 39% There are three main perceived causes of Iraq’s surface was estimated to have of water scarcity and displacement been affected by desertification, with an within southern Iraq among local additional 54% under threat (Webrelief government official, farmers, and 2012). IOM found that in 2012, 40% buffalo breeders that were stressed of Iraq’s total cropland had suffered a throughout the fieldwork. First, marsh significant reduction in productivity and dwellers and farmers heavily stressed livestock was devastated (IOM 2012). environmental factors as a cause of water scarcity and displacement. Their main grievances and perception of the catastrophic state of water in their homeland is closely linked to the lack of rainfall and necessary evaporation, and extreme heat waves. There were four years of severe droughts between 2005 and 2017 that were consistently cited throughout interviews: 2005, 2008, 2015, and 2017. These drought dates were identified by marsh dwellers during fieldwork and corroborated by data gathered from the Ministry of Transportation (see Figures 2, 3, 4 and 5). For displaced people and those on the verge of displacement, these environmental changes constituted a direct and obvious cause that was often characterised as being ‘unprecedented’ and ‘unsolvable’, and ‘irreversible’. Buffalo breeders and farmers who have resided within southern Iraq their entire lives understand the changing climatic conditions as a regional phenomenon occurring not just within the state boundaries of Iraq but beyond as well. Indeed, southern Iraq experienced its hottest summers and the worst droughts in the years 2007, 2008-2009, 2014- 2015, and 2017 (Barlow et la. 2016; Barlow et la 2015; Chulov 2009; Pearce 2009). This impacted irrigation seasons, led to an abandonment of farmlands, and killed animals in the region. Beginning in 2008, Iraq experienced significant increases in the length of dry seasons, substantially decreasing the period of time during which the rangelands Figures 1, 2, and 3. Average Annual Rainfall in are grazable. Farmers have coped by Fieldwork Governorates as recorded by the Meteorology and Seismic Monitoring Centre increasing importation of water and Iraq’s Ministry of Transportation that the author feedstuffs and decreasing their herd collected during fieldwork. 48 POLICY MONITOR OxMo Vol. 8, No. 2 Figure 4. Average Annual Rainfall in Fieldwork Governorates as recorded by the Meteorology and Seismic Monitoring Centre Iraq’s Ministry of Transportation. Second, local government officials in to climate change, albeit not being as all field sites stressed the impact of dam vulnerable as Iraq. building outside of Iraq’s borders, which The annual discharge of the Euphrates they perceived to be related to Turkey and Tigris Rivers has been in steady and Iran’s control of the upstream water decline and the discharge is predicted to flow of transboundary water resources. be reduced by 9.5% by 2040 (Bozkur et la While officials downplayed or outright 2013). Water flow has severely impacted rejected the implication of climate southern Iraq. Upstream construction change, they frequently highlighted projects have increased since the 1960s, international factors in light of contributing to the reduction of the flow aggressive, politically driven Turkish and of the two rivers by approximately 80% Iranian development practices that are, (Wilson 2012). Iraq and its neighbouring thereby advocating for a regional water countries have a long history of tensions management agreement. Displaced over dam construction and failed water farmers and marsh dwellers, however, agreements (Aysegül, Tugba 2014). conceptualised the construction of large These tensions are once again coming infrastructure projects as a response to to a head as the entire fertile crescent is regional climate change and a form of threatened by warming climate (Behrooz adaption. They understood Turkey as 2004; Financial Tribute 2017). preserving water resources to adapt Map 3. Dams on the Tigris and Euphrates River Basin (Homles 2010). 49 POLICY MONITOR OxMo Vol. 8, No. 2 Third, Iraqis cited internal governance Figures 7 & 8). Thus, while communities and mismanagement of water services. acknowledge that internal management of The exact nature of their issue depended water resources is an issue, they perceive it on their location, geographically—along as an unintended consequence of climate the course of rivers—and socially. Marsh change and its impacts on water scarcity. dwellers and farmers raised particular Policy-makers, on the other hand, perceive issues with not receiving their fair share ‘impingement’ or unlicensed water of water. For them, this violates the pumps as ‘water theft’. Water scarcity was annual water distribution plan that is understood as a political matter of internal issued on a yearly basis by the Ministry governance failure, with water shortages of Water Resources. This leaves the experienced only during the dry season, ‘southern region in general and the rather than an issue of climate change. marshes in particular with the last drop of For them, the largest factor in seasonal the rivers’ (Interview with marsh dweller water shortage is unequal distribution 2017). Nonetheless, displaced farmers of water resources between and within and marsh dwellers acknowledged and governorates and the lack of innovative sympathized with those who ‘impinge’ on irrigation techniques in Iraq, deeming others, who use water pumps to take more Iraqi farmers ‘lazy…uncivilized and [too] than the quota allotted to them by the inept to learn new methods of irrigation’ federal government to meet their water (Interview with local official 2017). needs given the scarcity of water (refer to TOP: Impingement: an unlicensed pump taking water from a canal in Al Qadyysiah. BOTTOM: Southern Iraq’s water management infrastructure has not yet fully recovered from the dual threats of war and climate change. Many canals have been destroyed and the canals that do exist are unmaintained and hold little water. These photos were taken during fieldwork on climate change and displacement in southern Iraq. At the time, winter of 2017, the area was going through a growing and harvesting season. Farmers and marsh dwellers, however, were living through water scarcity; there was not enough water from Iraq’s two main rivers or rainfall to water the farms and the quality of the once fertile land was deteriorating. The images present a time where marsh dwellers and farmers had no choice but to move to adapt to climate change. These images show the scarcity of water and impact on agriculture in Iraq’s farmlands in some parts of its southern governorates, the lack of water in the once flourishing wetlands of Iraq, and the impact on fishing, buffalo breeding, and farming. 50 POLICY MONITOR OxMo Vol. 8, No. 2 Towards a just policy approach making. Policy-making on both a national and international level needs a Current policy-making on climate community-based policy approach. On change and displacement is exclusionary. a domestic level, displaced Iraqis are It has not attempted to include those demanding inclusive development and most impacted by climate change in participatory approach to national water the discussion, nor does it address the governance (this can be in the form of root causes of environmental-induced public forums, representations in local displacement (Dehm 2018). The two councils, being included in the annual most often discussed solutions to water management plan). The realm environmental-induced displacement, of policy-making on an international a new legal regime for climate refugees level is limited. Displaced people in or expanding already existing migration southern Iraq highlight the finality of policy, do not address the issue at climate change, and that to address its roots: climate change. Both can their displacement is to address the potentially create another exclusionary warming climate. As such, international international migration governance organisations, policy-makers, and regime, akin to the 1951 Refugee governments have to approach Convention, and do not have the migration and environmental policy in capacity of addressing grievances of light of anthropogenic climate change; current and anticipated 150 to 300 they need to advocate and set in place million climate-displaced people in equitable and fair environmental policies five years (Chimni 1998; Gemenne that place regulations on the extractive 2011). According to UNHCR figures, world economy that treat nature as a out of the current 70.8 million forcibly finite resource. displaced people worldwide, only 25.9 million are recognised refugees and have international protection under international refugee law. UNHCR, the UN agency mandated to provide international protection to refugees, carries out refugee status determination procedures largely in the global south. Adding environmentally displaced persons to this system is beyond the organisation’s legal mandate and capacity. On the other hand, a new global regime, as Jane McAdam argues, will not ‘solve’ the humanitarian issue due to conceptual and pragmatic difficulties (McAdam 2011). Perhaps, more importantly, drafting a treaty necessitates defining who falls within and outside of the scope of application of a movement that has not been fully conceptualised and understood. Based on my findings, those closest to their changing ecosystems have the most profound understanding of the complexity of the issue on both a local and regional level and should be included in a participatory policy- 51 POLICY MONITOR OxMo Vol. 8, No. 2 BROWN, O. (2007) ‘Climate change and The author forced migration: observations, projection Tiba Fatli has a B.A in International Affairs from and implications’, International Institute for the State University of New York at Geneseo Sustainable Development. Available from: and an M.A. in Migration and Refugee Studies AYSEGÜL K. AND TUGBA M. (2014) ’An analysis Interview with Marsh Dweller (2017) interview of the causes of water crisis in the Euphrates- with author, December 2017 Tigris river basin’, Journal of Environmental Studies and Sciences 4(4): 347-353. Interview with Local Official (2017) interview with author, December 2017. BARLOW, A. AND HOELL, A. (2015) ‘Drought in the Middle East and Central-Southwest Asia FINANCIAL TRIBUTE (2017) “Imminent Danger During Winter 2013/14’, Bulletin of the American of Turkish Dam for Iran, Iraq.” Financial Tribune. Meteorological Society, 96(12), S71-S76. 2017. Available from : 52 POLICY MONITOR OxMo Vol. 8, No. 2 HOEGH-GULDBERG, O., JACOB, D., TAYLOR, on Globalization. Available from: < https://www. M., BINDI, M., BROWN, S., CAMILLONI, globalresearch.ca/how-the-us-deliberately- I., DIEDHIOU, A., DJALANTE, R., EBI, K., destroyed-iraq-s-water-supply/31011> ENGELBRECHT, F., GUIOT, J., HIJIOKA, Y., (accessed September 2019) MEHROTRA, S., PAYNE, A., SENEVIRATNE, S. I.., THOMAS, A., WARREN, R. AND ZHOU, UNHCR (2019) Figure at a Glance. Available G. (2018) ‘Impacts of 1.5°C Global Warming From: IOM (2012) ‘Special Report: Water Scarcity and Displacement’ (online). Available from: IOM (2019) ‘Assessing Water Shortage-Induced Displacement in Southern Iraq’. Available from: MCADAM, J. (2011) ‘Swimming against the Tide: Why a Climate Change Displacement Treaty is Not the Answer’, International Journal of Refugee Law 23(1): 2-27. PEARCE, F. (2009) ‘Fertile Crescent ‘Will Disappear This Century’, New Scientist. Available from: RELIEF WEB (2012) “Climate Change in Iraq.”. 2012. Available from: SASSOON, J. (2008) The Iraq Refugee: The New Crisis in the Middle East. London. I.B. TAURIS. THE WORLD BANK (2019) Iraq Population. Available from: NAGY, T. (2001) ‘How the US Deliberately Destroyed Iraq’s Water Supply, And Now Syria…’, Global Research Center for Research 53 Remembering the Camps: Portuguese De-Colonization, Competing Colonialisms in Mozambique, and Deportation to India Nafeesah Allen Since the 15th century, Mozambique has had a sizeable population of residents from the Indian sub- continent (herein referred to as Indo-Mozambicans). In reaction to Portuguese de-colonization in India, the African colony became a theater for forced migration and coerced citizenship articulation. The 1961 end of the Portuguese empire in India triggered transformational shifts in Indo-Mozambican migration and identity patterns. This paper briefly summarizes that history and presents recently recorded narratives from those who were interned, deported, and left behind as children. Their recollections of the camps trace layered legacies of colonialism which affected different identity groups during the de-colonization process. Local differences emerged among Indo-Mozambican merchants of different nationalities and religions. Those sub-identities and intergroup rivalries persist today. Introduction civil war of Mozambique from 1977 to 1992. Oral narratives from Maputo today From 2014 to 2017, I conducted doctoral illustrate these punctuations of forced research in Maputo to identify Indo- migratory experiences that splintered Mozambican (Mozambican residents the larger Indo-Mozambican community of Indian-subcontinent origin) layers of into smaller sub-identity groups and migration and identity that emerged cultivated intergroup conflict. in reaction to geopolitical shifts in When I began fieldwork, I did not know the Indian Ocean and Lusophone much about Portuguese colonial history. worlds. Twentieth century migration, Thus, my initial research was biased both voluntary and involuntary, was an towards Anglophone colonial history. I ethnographic entry point to explore expected British colonial independence agency, citizenship, location, and and self-rule movements to be causally belonging in Mozambique’s national linked to Indo-Mozambicans’ use of context. In controlling the identity group migration as a survival tool. Specifically, (Mozambicans of Indian-subcontinent I anticipated that the creation of Pakistan origin), geographic space (in Lourenço in 1947, the independence of India in Marques before 1974, named Maputo 1947, the founding of Bangladesh in after 1975), and temporal lens (1947- 1971, and the expulsion of Asians from 1992), I found that four historical Uganda in 1972 would all prove deeply punctuations triggered migration and relevant to Indo-Mozambicans’ memories ethnic identity formations among Indo- of the 20th century. During my fieldwork, Mozambicans: first, the end of the British however, I learned that British markers empire in India and the subsequent were far less relevant than Portuguese partition of India and Pakistan in 1947; ones. The most important of these second, the end of the Portuguese markers was the end of the Portuguese empire in India, with the annexation of empire in India, with the de facto Indian Goa, Daman (also spelled Damão), and annexation of Dadra and Nagar Haveli in Diu (also spelled Dio), in December 1961; 1954 and the subsequent annexation of third, the independence of Mozambique Portugal’s remaining Indian enclaves in from Portugal in 1975; and, finally, the December 1961. 54 FIELD MONITOR OxMo Vol. 8, No. 2 This article offers oral narratives Goa, Daman, and Diu (Da Silva 1976: 50- of current Maputo residents, who 52). In 1954, India invaded Dadra and experienced this de-colonization Nagar Haveli; India’s blocking Portugal’s movement as children through the lens access to these landlocked enclaves of Portugal’s retaliatory internment of triggered de facto annexation to India. people of Indian and Pakistani-origin In December 1961, the Indian military in Mozambique. Those children are launched ‘Operation Vijay,’ annexing now elders and I consider them as the three remaining enclaves. Despite co-researchers. In my dissertation, Indian reports that Operation Vijay had memory contested colonial archives, less than a handful of causalities, Diogo a body of primary source knowledge Simões Roque Moço (2012: 55) reported typically biased to de-legitimize the that Portugal’s military police calculated lived experience of the colonized. Here, 1,018 people as “dead, injured, or however, I focus exclusively on oral disappeared.” Countermeasures were narratives as valid, primary source data; implemented across the Portuguese much in the same way that researchers empire, but none more than in prioritize (often flawed) written records. Mozambique. The 1963 edition of Africa For example, I preserve respondents’ Today reported that 15,000 Indians use of the term ‘concentration camps’ to were arrested or interned throughout describe their internment sites, because Mozambique (Anon. 1963: 12-13). everyone who experienced internment From N.M. Sacoor records, I found referred to it this way. Methodologically, that between 1962-3, over 2,400 Indo- this work offers complexity to South- Mozambicans boarded ships to depart South studies (by using colonial and the colonial capital of Lourenço Marques colonized children, cum adults of various for Pakistan and India; most were Indian- political positionalities) to re-examine citizen deportees and their dependent post-colonial and heritage studies. The children of various citizenships (N.M. names in this article are all pseudonyms Sacoor, Lda. Business Records). with one exception. Salim Sacoor, a This decade-long escalation is often vital collaborator, consented to use minimized to the gross misnomer of of his real name and to report on his ‘Goan independence’. While there family business, N.M. Sacoor, a shipping were certainly people who preferred company deportees used to return to annexation to India over colonization India and Pakistan. by Portugal, there is strong evidence that Portuguese colonial subjects in India wanted self-rule. Goan-origin A brief history of de-colonization, interviewees told me the use of the competing colonialisms in India and terms ‘liberation’ or ‘independence’ Mozambique was inaccurate and offensive; it was annexation after invasion. Popular In response to Portuguese de- sentiment among Goan Mozambicans colonization in India, Mozambique – was that India’s idea of liberation was then, a Portuguese colony—became a an imposed and unwelcomed neo- theater for forced migration and coerced colonialism. They mourned their citizenship articulation. Shortly after connection to Portugal, though some British India gained independence in did not agree with Portugal’s retaliatory 1947, India’s independent government deportation of Indian passport holders raised with Portugal and France the topic from Mozambique. Collectively, of integrating their colonial enclaves into these local histories of iterative self- liberated India. Hostility increased as rule movements and imperfect Portugal repeatedly refused to discuss independence counter celebratory post- the integration of Dadra, Nagar Haveli, colonial metanarratives of African and 55 FIELD MONITOR OxMo Vol. 8, No. 2 Asian solidarity; further, they raise the Saadiq: But those who were possibility that once-colonized countries Portuguese stayed. Because her can become hegemonic themselves. father and step-mother opted to be The generation that still remembers Portuguese, they ended up staying the camps and the ships are aging; [in Mozambique]… 1 the following sections capture their childhood stories of family, factionalism, Me: There wasn’t any violence? and forced migration. These narratives offer a glimpse into the memories Ibtihaj: No, I am not going to lie. I of detention, deportation, being left didn’t see violence… At that time, behind, and inter-group rivalries. The I did not see violence. We had 1961 invasion of Portugal’s colonies on food… We had military guards who the Indian sub-continent splintered the protected us. Each of us who were larger Indo-Mozambican community interned had a military guard. So into sub-identity groups and cultivated one group stayed one week and intergroup conflict that previously did not then left. Then came another group, exist, but persists into the present day. like that, successively… When it came time for Muslims to fast, many Muslims here helped and sent Detained: Portuguese-citizen child of food to those of us interned…We Muslim parents weren’t mistreated or anything. We also had visiting hours, so family Though she was just three or four when members could come and converse she went to live in a camp in Matadouro, openly. We were free in there, in downtown Lourenço Marques, Ibtihaj but we couldn’t leave whenever remembers the camps. While her we wanted (Ibtihaj and Saadiq, biological mother was Mozambican, personal interview, October 2015). Ibtihaj was raised by her stepmother from Pipodara and her father born in Ghandar—both Muslim Gujaratis and Deported: Portuguese-citizen child of Indian passport holders. Ibtihaj and her Hindu parents husband, Saadiq, recalled the camp: With her daughter’s English translation Ibtihaj: It was in the railway station… assistance, Rama, born in 1952 in Lourenço I stayed in the concentration Marques to Hindu Gujarati merchant camp for two or three months parents, responded to my detailed with my parents, but they stayed research questionnaire about Indo- there longer. We [Ibtihaj and her Mozambicans’ cultural and assimilation brother] had to leave, because we experiences in Mozambique. Rama had Portuguese nationality. We explained that her father first immigrated were born here in Mozambique… to Mozambique in 1942 “because [he] I think [my parents] stayed five or had relatives in Mozambique. That’s six months… Since they had Indian one of the reasons and he saw good passports, they did not want to go opportunity for business… He liked to India because all of the Hindus Mozambique, but had to leave because were being returned, no? Well, all of the [1961] war. [He] was forced to Indians… leave by the Portuguese government 1 Though it went unexplained at the time of interview, research shows that Muslims, like Ibtihaj’s parents, obtained Portuguese or Pakistani citizenship to avoid deportation. These citizenship choices were not available to Hindus, who had little recourse against deportation proceedings. 56 FIELD MONITOR OxMo Vol. 8, No. 2 back in Lourenço Marques” (Rama, Deni is the Lourenço Marques- Questionnaire, 2015). She remembered born son of a Hindu tailor, who came her family’s stay in a camp in Matola, a to Mozambique in 1920. Deni was suburb of Lourenço Marques, before seventeen years old when he and his being deported in 1961 to their brother were left behind, after his parents ancestral village of Porbandar, Gandhi’s and younger siblings were deported to birthplace: India. He recalled: This year the colonist country Deni: [My parents] stayed almost Portugal had made an agreement three months in the concentration with the Indian government that camps, until they regularized the if Portuguese had to leave India- situation… Here there were two Goa, so would the Indians living factors: there were Indians who were in Lourenço Marques leave their Hindu and Muslims. The Muslims country. I was only nine years old were lucky that time. The Embassy and was dependent on my family. of Pakistan gave them passports. Both my parents were Indian and therefore I had to leave the country. Me: In 1961 and ‘62, they were We were force [sic] to live for six changing their passports? months, before going to India, in a secure place/building by the Deni: Yes, that’s why they stayed Portuguese government. Thereafter, here. We [Hindus] were all kicked we were directly deported to India in out. The Portuguese didn’t know a ship. We reached India in twenty- who was Indian or Muslim. The two days. Our house in Lourenço Muslims put up signs with the Marques, every property my father Portugal flag in all of their homes owned, was sealed and taken by and stores to symbolize that they them (Rama, Questionnaire, 2015). were friends of Portugal. This was to distinguish between the Pakistanis and the Indians. We had to stay in Intergroup rivalry among those left- the concentration camp until they behind sent us away. Each person had to buy their own ticket back to their Throughout my research, Hindu Indo- country. Many people did not have Mozambicans asserted that Muslim money. The little that they had was Indo-Mozambicans profited from the pooled together and they helped deportation of Indian citizens. Joana each other to buy tickets… It was Pereira Leite and Nicole Khouri’s 2013 in- a cargo ship that had sleeping depth study showed that Ismaili Muslims quarters. The trip took twenty- took loans to purchase confiscated eight days… The Muslims just businesses at auction, suggesting that the laughed. They bought the majority Goan crisis, and the subsequent expulsion of the Indian stores. They became of Hindustani merchants created new more privileged. (Deni, personal business opportunities for those who interview, July 2017) managed to stay behind in Mozambique. They write that in fact ‘(…) oral sources outside of the [Ismaili] community attest Who’s boarding the boats? that it was at interesting prices that some Ismailis acquired establishments that No one knows exactly when N.M. had belonged to Indian citizens, who Sacoor, the shipping company deportees had been forced to abandon the colony’ used to return to India or Pakistan, was (Leite and Khouri 2013). founded, but Salim Sacoor, the current 57 FIELD MONITOR OxMo Vol. 8, No. 2 owner of the company, guesses it must paying their own fare on passenger have been in the 1920s. His Muslim ships to comply with the deportation grandfather (likely originally from order. Throughout my research, I found Gujarat), Aboobakar Suleman, fled to that N.M. Sacoor was the only passenger Mozambique from South Africa and got ship with a concession to travel from a job with the company. For reasons Lourenço Marques to the Indian- that are still unclear, the owners left the subcontinent when deportation orders business to Salim’s dad (young Sacoor) took effect. While I cannot be certain around 1947. N.M. Sacoor eventually that all of the Karanja and Kampala’s became the local vendor for the British 1962-1963 passengers were deportees, India Steam Navigation Company. I hypothesize that the vast majority of When Portugal ordered all Indian them were. citizens be detained and deported from Mozambique, Salim remembered that deportees came to his father to purchase Conclusion ship tickets: It is counter-intuitive to fathom that Panic spread throughout the city. an Indo-Mozambican Muslim merchant, Policemen broke into the houses representing a British company, directly and shops to look for those profited from Portugal’s deportation with an Indian passport, so they of Hindus back to their native India. could be arrested and taken to Yet, ethnographic research about a concentration camp, located those directly affected by 1962-63 near the C.F.M. [the train station internments and deportations revealed in Lourenço Marques]. Then came the normalcy of such stories; new fault the expulsion order from Portugal, lines of identity and nationality emerged so the race was tremendous for the in Mozambique, in reaction to the multi- purchase of tickets at N.M. Sacoor. layered and protracted de-colonization And purchases were made standard, processes on the Indian subcontinent. regardless of the friendship they Across the Indian Ocean, competing had with Young Sacoor when the British and Portuguese colonialisms order was implemented (Sacoor, (and their layered legacies of post- personal interview, 2018). colonialism) resulted in local rivalries among expatriates who had previously Salim did not remember how many regarded one another as countrymen. deportees bought tickets, but my review of N.M. Sacoor records showed that approximately 2,469 people took the S.S. Karanja and S.S. Kampala from Lourenço Marques to India between January 1962 and July 1963. The largest of these journeys were the August 1962 voyage of the S.S. Kampala with 628 ticketed passengers and the January 1963 voyage of the S.S. Karanja/ Sirdhan with 1550 ticketed passengers. The timing and scale of these departures are congruent with oral histories that confirm that deportees waited months before receiving official deportation orders and then they waited again in internment camps for three to six months, before 58 FIELD MONITOR OxMo Vol. 8, No. 2 Figure 1. N.M. Sacoor company records: Postcard of the S.S. Karanja (Photo taken by the author, 2017) Figure 2. N.M. Sacoor business records: Postcard of S.S. Kampala (Photo taken by the author, 2017) 59 FIELD MONITOR OxMo Vol. 8, No. 2 Figure 3. N.M. Sacoor Business records: Page 15 of 15 listing passengers on S.S. Kampala’s Aug 1962 voyage (Photo taken by the author, 2017) Figure 4. N.M. Sacoor Business records: Page 12 of 38 pages of 1550 passengers on the S.S. Karanja/ Sirdhan voyage of January 1963 (Photo taken by the author, 2017) 60 FIELD MONITOR OxMo Vol. 8, No. 2 The author Nafeesah Allen is an independent researcher with an interest in diaspora studies within the global South. In 2019, she completed her Ph.D. in Forced Migration from the University of the Witwatersrand (Wits) in Johannesburg, South Africa. In 2013, she completed a postgraduate diploma in Folklore & Cultural Studies at Indira Gandhi National Open University (IGNOU) in New Delhi, India. She received IGNOU’s Gold Medal for academic performance for her ethnographic study of women of the Indian Diaspora. She completed a Masters of International Affairs at Columbia University in 2009 and graduated cum laude from Barnard College in 2006. Bibliography AFRICA TODAY (1963) ‘Indians in Mozambique.’ February. DA SILVA, L. (1976) The Americanization of Goans, Toronto, Ontario, Selbstverl. DENI (2017) Interview with author, July 2017. IBTIHAJ and SAADIQ (2015) Interview with author, October 2015. LEITE, J.P. and KHOURI, N. (2013) Os Ismailis de Moçambique: Vida Económica no Tempo Colonial, Lisboa, Edições Colibri. N.M. SACOOR, Lda. Business Records. Accessed 2018. RAMA (2015) Questionnaire, 2015. SACOOR, S. (2018) Interview with author, 2018. SIMÕES ROQUE MOÇO, DIOGO MANUEL. (2012) ‘Prisioneiros na Índia 1961-1962.’ D.Phil. thesis, Universidade de Lisboa. 61 Reflective Practice and the Contribution of Refugee Researchers to Critical Understandings of the Refugee Integration Process Veysi Dag How does the positionality of refugee researchers and the research subject of refugees interact in the process of data collection? The reflective research practices of refugee researchers address the broad spectrum of questions that concern the researchers’ ethics, objectivity and the insider and outsider dichotomy in the process of data collection. This piece argues that the insider- approach, positionality and self-reflection of refugee researchers are crucial in the process of the data collection and analysis to produce critical knowledge on the integration process of refugees. Their research practices reveal that the refugees are not only the object and source of the data, but also producers of the critical knowledge. Based on six months of fieldwork, 230 in-depth interviews with newly-arrived Kurdish refugees and Kurdish diaspora leaders as well as participant observations in five urban and twelve rural cities in Germany, Sweden, Denmark, Austria, France, and Italy, this paper sheds light on the reflective role and contribution of refugee researchers in the production of critical knowledge for decision makers and the general public on the role of diaspora associations in the process of escape, settlement, and integration of recently-arrived Kurdish refugees. Introduction Following my engagement with Kurdish refugees, I realise that these statements ‘[W]hile calls for radical changes to also reflect my own previous experience “You are not the first person who of being a refugee; I was tortured and comes to interview us. We share jailed in Turkey and lived permanently in our experience with researchers, fear. I was anxious about being captured but nothing happens because we and deported while seeking to escape believe that they do not present our to a safe country behind a border, where problems or make our problems I was forcibly cut off from my homeland. visible. We have lost our faith in This status has not changed as I am willing humanity because we lost our but unable to go back to my homeland in families, home and now ourselves. Turkey, but I fear that I would likely face We feel isolated and ignored. We persecution, torture, imprisonment and are constant refugees in exile since perhaps even death due to my critical we escaped from Syria because of stance towards the Turkish regime. Due war but we are also looking for a to my refugee background, I have also way to escape from the challenges often faced challenges and felt a lack of that we face in connection with recognition, support and opportunities the paperwork, bureaucracy, as a researcher, even though I have been isolation, uprootedness and lack of awarded a PhD in Germany. This has understanding in this country!” occurred despite my legal status as a German citizen, my academic education, These words belong to members of my multi-lingual social status, and my Kurdish refugee groups that I interviewed freedom of mobility. in different cities. They express their My experiences, which are rooted frustration about researchers that fail to both in my homeland and in Germany, bring up refugee grievances rooted both have now become the field. I place my in the homeland and in new societies. experience in relation to those of the 62 FIELD MONITOR OxMo Vol. 8, No. 2 Kurdish refugees I have interviewed, as diasporic associations in European an object of study. These memories of cities. My research focused on processes suffering transgress space and time in of reception, incorporation, and my life and constantly come up in my settlement of recently arrived Kurdish dreams, during conversations with other refugees from Iraq, Syria, and Turkey refugees, and in my social interactions. since the ‘European refugee crisis’ of These experiences connect me with the 2015. It also examined the relationship refugees I have interviewed, with the between diasporic associations and homeland, and with friends who have recently arrived refugees, as well as been tortured, disappeared or had their the approaches of both the diasporic lives taken in Turkey. The connection associations and the refugees toward between my experience as a researcher local and national authorities. In the with a refugee background and the context of this fieldwork, 235 in-depth experiences of recently arrived refugees interviews with both newly arrived with precarious status leads to two refugees and diaspora leaders were questions: What types of impact has my conducted alongside focus group research on Kurdish refugees had on me discussions and participant observation personally as a researcher? How does my across 17 European cities.1 The research positionality as a Kurdish researcher with revealed a wide range of challenging a refugee background have an impact experiences rooted in both the homeland on the data interpretation and analysis but also in the process of encountering that aims to acquire and produce critical bureaucratic obstacles as a refugee, knowledge on refugees? In answering such as paperwork and regulations. In these questions, I must consider addition, refugees encountered a lack the decisive role I play as a refugee of understanding and social isolation researcher in producing knowledge on during the process of adapting to their refugees for decision makers in the field new environments. The aim of my of migration and refugee integration. research was to understand and explore My approach to this research topic is the role of Kurdish diasporic associations therefore not neutral, but is shaped by as part of a larger study of multi-scale my subjective experiences, biases, and forms of integration governance2 in normative believes. Yet, my positionality Germany, Sweden, Austria, Denmark, as a researcher with a blurred outsider- France, and Italy. insider view is crucial to my interpretation of the knowledge I have gained. While objectivity in research should typically The insider-outsider perspective be valued, I argue that through bringing in my own position as a refugee Subjects of investigation in this researcher, I can contribute to a deeper research discussed ‘push-factors’ such understanding of the importance of as ongoing violent conflicts, political self-reflectivity in field research and also persecution, and homeland politics, as bring a critical perspective to established well as the personal impacts of various discourse on the integration of recently- factors that emerge in the integration arrived refugees. process in new countries. These factors included: their asylum status, Research on Kurdish refugees: The 1 Berlin, Munich, Landshut (Germany), Stockholm, Malmo, context of the study Lund (Sweden), Bornholm (Denmark), Salzburg, Vienna (Austria), Paris, Nice, Antibes, Cannes (France), Ventimiglia, In 2019, I embarked on ethnographic Rome, Grosseto, Bari (Italy). fieldwork on the function, role, and 2 My field research took place from March to August 2019 as part of the European Union-funded Horizon 2020 project on politics of pre-established Kurdish ‘Migration Governance and Asylum crisis’ (MAGYC). 63 FIELD MONITOR OxMo Vol. 8, No. 2 bureaucratic and language obstacles, institutions. social isolation, and a general lack of In my experience, these exclusionary practical assistance in integration-related practices triggered a sense of frustration areas.3 One of the aims of the research and ultimately, the inability to express project was to examine these factors from suffering. Hence, I could strongly identify the viewpoint of refugees and provide with the severe distress of both the decision makers, scholars, and the established and newly arrived Kurdish general public in receiving countries an refugees and their trauma. As in my case, insight into the refugees’ perspectives. those I interviewed, for example, felt not I draw on my own experience of being only forced to leave but also banned a refugee and having suffered from from their ancestral homeland. Like me, a painful integration policy, which I the Kurdish refugees in question—both experienced as being one-sided. In those outside and within the diasporic many cases, the political and institutional associations— had been living in actors engaged in decision making countries outside the Kurdish region and decision implementation around for more than half of their lives but refugees’ integration policies fail to often without a clear legal status. The recognise the background, experiences, consequences of this is that, as I realised and vulnerable circumstances of through my previous experience as a refugees. This approach may impede refugee, they have had to endure a long- refugees’ smooth incorporation into the term condition of feeling vulnerable, social, political, cultural, and economic insecure, and unprotected. They are structures of receiving societies. affected by repressive politics in their Therefore, the refugees in question countries of origin and are still obsessed often struggle for recognition by the by news about the tragic events in these authorities and for their understanding countries, especially as it relates to what of the cultural, political, and social factors they feel to be their Kurdish brethren in related to conditions in their countries the Middle East. Thus, they lead a ‘life in of origin and settlement. Through the transit’ as I did when I left Germany for a struggle, refugees promote their own restless life all over the place. I feel always integration from below. My interpretation ‘on the move’ both in the physical sense is based on the fact that I have also faced but also in the mind. This experience the difficulties of some of the existing has constructed and re-constructed my ‘integration’ policies, which often also personality and positionality, and also include experiences of discrimination, affects how I conduct my research on exclusion, and marginalisation, and Kurdish refugees. even interactions with authorities that produce feelings of worthlessness. Despite my ambitious efforts to engage The impact of being a refugee in ‘integration from below’, I sometimes researcher encountered situations in which I was discouraged from learning German or The negative implications emerging prevented from studying or exerting from the experience of being a refugee a policy impact on issues relevant to and the development of a high level of refugees and migrants in Germany. I also self-consciousness have enabled me to personally experienced discriminatory deal with the predicament faced by the practices in some of my interactions with refugees I encountered in my research. state authorities and public institutions, I could understand the uncertainties including universities and funding surrounding their lives in the present and future in new countries from a refugee 3 These areas include housing, the labour market, education, perspective. I ultimately decided social security, and everyday experiences of discrimination and exclusion. not to distance myself from my own 64 FIELD MONITOR OxMo Vol. 8, No. 2 personal experiences and the narrative and feelings of helplessness as I listened of suffering that I share with Kurdish to stories relaying the tragedy of being refugees. Instead, I actively reflected on uprooted, lost, discriminated against, the experience of Kurdish refugees and and neglected in a new environment. coped with the personal repercussions. They have experienced a calamity owing I did this in order to be better able to to the fact that the Kurdish people affect the perceptions and attitudes are stateless, and in consequences of authorities, decision makers, and of this, being refugees seems to be individual citizens towards refugees. By an essential factor for their survival. doing so, I demonstrated that refugees Kurdish refugees have an uncertain have the agency to critically define the status, collective narratives of suffering, notion of ‘refugee’ based on their own traumatic experiences, and ongoing experiences. My own case and those situations of precarity, all of which lead of many other refugee researchers to a condition of extreme vulnerability. should make clearer that refugees seek Kurdish refugees are often assigned a to influence political decision-making low status and are treated as minorities at various levels, including beyond that belong to deprived communities or borders and through critical knowledge classes. They are often marginalised in production that aims to understand the both their new home and their homeland. challenges and conditions faced by To put it simply, my interviewees were refugees from more humane and ethical often forced to live on the periphery perspectives. of societies in which they are present As a refugee researcher, I point out everywhere but welcome nowhere. that refugees should not just be assumed These circumstances have left a deep as victims who rely on the compassion emotional impact on me and further and empathy of other human beings, shaped my positionality, sparking my own but rather I try to challenge notions of self-reflectivity during the data collection helplessness to create a political space for process. The stories I encountered often their rights, protection, self-expression, evoked my own past trauma as they fit and self-representation. Moreover, the within a collective narrative of common autonomous efforts of refugees to create suffering and shared memory. This has a a political space of equal expression are direct impact on my research and the way meaningful. The creation of this political in which I approach Kurdish refugees. space helps them to overcome their The position I try to represent in my dire predicament and their collective research is not related to my common narrative of suffering and allows them ethnic background as a member of the to express and share their critical self- ethnic Kurdish community, but rather knowledge in order to be seen, heard, to the collective social and political and felt. When Kurdish refugees critique consciousness that arises out of the researchers for not including them in experience and narrative of suffering. I the production of knowledge, they hold this position along with others who are pushing back against the idea that have been forced to escape regardless of they are solely a source of data and not their ethnic, social, symbolic, or political producers in their own right. identity. I have decided to emphasise my position of being a refugee in order to recognise refugees’ common The personal impacts of conducting struggles against injustice, coercion, field research and my positionality as and victimhood that are often caused by a refugee researcher the actions of state institutions. In the process of undertaking field During this fieldwork, I have research, I have developed a sense of experienced highly emotional moments academic commitment and responsibility 65 FIELD MONITOR OxMo Vol. 8, No. 2 to communicate the obstacles and hardships of Kurdish refugees and to raise awareness amongst decision-makers, as well as the general public. This involves a critique of the unfavourable integration policies and perceptions of the general public towards Kurdish refugees, which in turn shape refugees’ social, political, and institutional adaptation to receiving societies. My sense of responsibility also extends to promoting an understanding of the implications of Kurdish statelessness, which is rooted in countries of origin, and places the Kurdish refugees and diasporic associations in a dire predicament. I aspire to shed light on the ways in which Kurdish refugees have been unable to express their collective experience of suffering due to their marginalisation. Finally, I seek to support their collective efforts to create a political space for their integration from below that will allow them to obtain both their recognition and visibility. Kurdish diaspora activists created a mountain, surrounded with images of the Kurdish martyrs, symbols of the homeland and wild landscape of Kurdistan. This image was taken at the Ahmet Kaya Kurdish Centre in Paris in May 2019. 66 FIELD MONITOR OxMo Vol. 8, No. 2 The author Veysi Dag is a postdoctoral researcher on the research project, ‘Migration Governance and Asylum Crises (MAGYC)’ at SOAS, University of London. Prior to his academic career, Veysi worked for a pro-Kurdish newspaper in Turkey. He spent 11 months as a political prisoner in Turkey. After his release from prison, he escaped to Germany as an asylum-seeker. In 2005, he began to study Political Science at the Free University of Berlin and International Relations at the University of Kent in Canterbury. In April 2016, he completed his doctoral thesis from the Free University of Berlin and worked at the Department of Political Science of the FU Berlin as a research associate. Veysi´s research interests include studies of migration and diaspora, social movements and transnationalism, comparative politics with a focus on refugee and migration policies in Europe, peacebuilding and conflict transformation, and regional policy analysis with a focus on Middle Eastern politics and the Kurdish-Turkish conflict. Acknowledgments I’d like to express my gratitude to Fiona Adamson for her valuable comments on the final draft of this piece. I also thank members of the editorial team of the Oxford Monitor of Forced Migration for their editing and constructive feedback. Funding The author acknowledges the support provided by the European Union’s Horizon 2020 Research and Innovation Program under grant agreement number 822806. 67 A Model of Protracted Suffering among Refugees on the Greek Islands: The Case of Chios Mohamad Alhussein Saoud and Marta Welander This article proposes a model describing the situation for refugees and displaced people on the Greek island of Chios. This model was developed by the authors following extensive field research in Chios, consisting of 300 interviews with refugees and led by the human rights organisation Refugee Rights Europe in May 2017. It illustrates the situation on the island in a dynamic way, connecting refugees’ past, present and future, in order to make sense of the lived experiences of refugees on Chios. Based on the model, this article demonstrates that the distress refugees experience, including traumatic past experiences, a violent and desperate present situation, and an uncertain future–including fear of deportation and continued family separation–, appears to contribute to depression and mental health issues among thousands of people seeking protection in Europe. As such, the article calls for firm policy action in order to overcome a continued situation plagued by sustained and escalated violence, as well as more self-harming. Introduction nearly 14,000 by the end of October 2019 (Reidy 2019). While accelerated transfers In several places in Europe, refugees to the mainland are certainly urgently and displaced people find themselves in needed to address the overcrowding situations where harsh living conditions, on the islands, the Greek government untreated health problems, and a heavy- announced in November 2019 that handed treatment by police officers are individuals would be transferred to a daily reality (Refugee Rights Europe closed centres, which has been heavily 2018). The situation is particularly acute criticised by rights groups as a form of on the Greek islands, where thousands de facto detention and deportation of prospective asylum seekers are forced centres (Deutsche Welle 2019a). to stay in overcrowded and unsanitary In this article, the authors introduce camps, awaiting their potential transfer a previously unpublished ‘model’ to the mainland and eventual status illustrating the protracted and determination. The grave situation exacerbated suffering amongst on the islands is a result of increased refugees on the Greek islands, based on number of arrivals and the signing of published research findings by Refugee the EU-Turkey Statement in March 2016, Rights Europe as well as the authors’ which led to the introduction of what is own wider familiarity with, and analysis known as the Greek ‘containment policy’, of, the situation amongst refugees in banning newly arrived individuals from Europe. The main research findings travelling to mainland Greece until their informing the model are derived from asylum claims have been processed (Al Refugee Rights Europe’s field research Jazeera 2017). study in Chios, Greece, from May 2017. While the legality of the containment During this period, one of the authors, policy has been widely criticised alongside four other field researchers, (Amnesty International UK 2018), it is conducted 300 semi-structured surveys still in place at the time of writing, and with refugees and displaced people the situation has deteriorated further on the island, in Arabic, Dari, English, with rising numbers of arrivals leading Kurdish, and Pashto. Based on the to a camp population increasing from estimated population in Chios at the approximately 4,500 people in May to time of the study, the research sample 68 FIELD MONITOR OxMo Vol. 8, No. 2 represented between 8-13% of the knowledge of, and insights into, the refugee population on the island, with refugee context in Europe, with the 88% of respondents being male and aim of offering suggestions for more 12% female. By way of comparison, in constructive policy proposals. 2018 men made up 48.2% of asylum seekers in Greece, and women 19.3% (with 36% being registered as children) A model of protracted suffering (The Asylum Information Database among refugees 2019). It is therefore important to note the gender imbalance of this sample, Through a model that connects with an underrepresentation of women refugees’ past, present and future, and girls. The researchers surveyed one can better make sense of the lived as many individuals as possible in and experiences of refugees and displaced around the two camps on the island people trapped on the Greek islands. (Souda and Vial camps), mainly using a Starting with the past, the model snowball sampling method to identify illustrates refugees’ experiences of war, interviewees. The research team’s conflict or other forms of protracted observations and complementary crises. Such experiences have led many informal interviews with charities and to have traumatic and painful memories, NGO staff served to complement these also contributing to an erosion of hopes interviews with refugees. and aspirations. Indeed, feelings of Based on the insights collected hopelessness result when an individual throughout this field research, the has fled his or her country, leaving two authors produced a model of their possessions, family members refugees’ experiences of suffering on and social networks behind, which is the islands, using the case of Chios as bound to be a difficult, isolating, and a basis but suggesting that the model potentially traumatising experience for is representative of the wider situation most human beings. Moreover, many on the Greek islands. In developing individuals fleeing war and conflict the model, the authors drew on their may have sustained potentially severe Figure 1. The model of the situation of refugees in Chios 69 FIELD MONITOR OxMo Vol. 8, No. 2 injuries, with some having been arrested was mentioned frequently during the and tortured. Such experiences are interviews, with 72% of the survey likely to precipitate or be accompanied respondents with a health problem by mental health issues and/or chronic reporting that they had not received any ailments. Such harsh experiences make medical support (Refugee Rights Europe individuals particularly vulnerable, 2017: 25). requiring extensive and targeted Refugees on the islands live in this rehabilitation, care and support–which miserable situation for a prolonged is too often inaccessible to refugees, period of time, which in turn contributes including those stuck on the Greek to further feelings of hopelessness islands at the moment. and despair, especially when a critical Despite these past experiences and ‘uncertainty factor’ is added. One resulting critical needs, refugees on the research participant, who had been in islands were placed in camps which do Chios for more than a year, highlighted not fulfill basic living conditions. The this sense of despair with the following food that they received was of very statement: “Sometimes I sit alone and poor quality, with many interlocutors cry. All my friends who came with me reporting that they could not eat the left” (Refugee Rights Europe 2017: 19). food due to episodes of food poisoning. This uncertainly stems from the fact that For instance, one respondent told the people have no idea about what their research team: “I gave up eating the food future might hold, or what their next that we received after I was poisoned few steps will be. They do not know when months ago” (Refugee Rights Europe they will be transferred to the mainland 2017: 22). The lack of essential services and what the final decision of their in the camps was clearly evident, with asylum application would be; everything the people in the overcrowded Souda is uncertain and the process excessively camp on Chios living in fragile tents. lacking in transparency. The answer Some individuals did not even have refugees often receive when asking access to a tent in the first place (Refugee officials about their potential transfer to Rights Europe 2017: 21). In Vial camp, the mainland is that they need to ‘just there were caravans, but the camp was wait’, without any further information isolated with extremely limited access to given–a common frustration shared by public transport and long waiting times. those displaced residing on the island. Sanitation issues were widespread, with “I have been here since April 2016 and I insects and rats everywhere due to a am ready to wait for two or three years, drainage pipe letting out dirty water but all I need to know is when I will be in the vicinity of the camp, and toilets transferred from here. I have no idea, I were very dirty. To illustrate the urgency am just waiting hopelessly”, a refugee of this, one respondent explained: “I told the research team (Refugee Rights created a high sleeping place inside the Europe 2017: 35). tent for my child in order to keep her The long waiting time and the away from rats” (Refugee Rights Europe accompanying absence of certainty and 2017: 21). In the Vial camp, informants information about next steps, combined said that there was no water in the toilets. with an exhausting living environment Hot water was rarely available in Souda and the condition of being surrounded camp, only available for a few hours by individuals who are already consumed per day, while it was completely absent by war, conflict or other protracted in the Vial camp (Ibid). Consequently, crises, inevitably create a critically refugees residing there were barely able hopeless and desperate situation. In to wash themselves, which affected their turn, this desperation provokes and hygiene and health, as well as their sense exacerbates two main serious problems, of dignity. The lack of medical services namely self-harming and violence. The 70 FIELD MONITOR OxMo Vol. 8, No. 2 absence of psychiatrists who might be started as a protest against the slow able to support individuals in preventing response to tame the fire and the overall self-harming behavior exacerbates terrible living conditions experienced, this phenomenon. “The psychiatrist and the police force moved in and fired gave me only five minutes, he said he tear gas at the protestors in response cannot give him more time as there are (Deutsche Welle 2019b). When a major others waiting”, a refugee with a serious fight would break out, police would psychological issue explained (Refugee move in to end the fight and reportedly Rights Europe 2017: 25). to punish the perpetrators. However, The researchers interviewed many on many occasions, it was unclear who people who were on the brink of harming the ‘perpetrators’ actually were, which themselves, with some interlocuters would lead to generalised punishment already engaging in such self-harm. against anyone who happened to find For instance, one person explained: “I themselves on the site of the brawl. This tried several times to hurt myself by a approach by the authorities might be blade but my friend prevented me” rooted in a general antipathy towards (Ibid; Refugee Rights Europe 2017: 39). refugees, or simply a misguided attempt When left untreated, such tendencies to deal with a complex situation. The are of course incredibly concerning as researchers heard stories of how the they may lead to even more serious police arrived the day after a big fight outcomes, including suicide attempts. and arrested a significant number of For instance, Médecins Sans Frontières individuals at random. 24% of the (MSF) reported in September 2018 that interviewees mentioned that they had “an unprecedented health and mental themselves experienced violence by health emergency [was unfolding] police (Refugee Rights Europe 2017: 17). amongst the men, women and especially Such violent episodes would, in turn, children kept in Moria refugee camp, exacerbate conflictual relationships on Lesbos, Greece” (Médecins Sans between refugees themselves and Frontières 2018). The MSF teams between refugees and the police, reported several cases per week where potentially leading to increased violence young people tried to commit suicide in general and a heightened sense of or engaged in self-harm (Ibid, see also insecurity on refugees in particular for France 24 2018). women and children. Coupled with As regards interpersonal violence, incidents of citizen violence by far-rightist the lack of hope and the exhausting groups reported by 22% of respondents environment appear to be contributing (Refugee Rights Europe 2017: 12), the to increased levels of aggression different layers of violence on the island amongst desperate individuals, which in would aggravate the overall mental turn risks leading to violence between condition of refugees and contribute to refugees themselves. The researchers a further degradation of mental health heard many accounts of fights breaking and exacerbation feelings of misery and out between refugees, with 37% of hopelessness. In turn, this may induce a interviewees reporting that they had cycle of further self-harm and violence. experienced violence by other refugees on the island (Refugee Rights Europe 2017: 14). This violence would often Conclusion lead to police intervention. One recent example from September 2019 was the The model of refugees’ experiences police response to the refugee riots on the island of Chios illustrates critical which broke out in response to the concerns that are witnessed on many of death of a mother and child in a fire the Greek islands in the Aegean Sea. at a reception center on Lesvos. Riots The distress experienced by refugees, 71 FIELD MONITOR OxMo Vol. 8, No. 2 including traumatic past experiences, a services needs to take place, and violent and desperate present situation, improved access to the asylum procedure. and an uncertain future, combined with Meanwhile, it is likely that a long- fears of deportation and continued term solution can only be reached by family separation, appears to contribute abandoning the so-called containment to depression and mental health issues policy and revising the EU-Turkey among thousands of people seeking Statement which has contributed to protection in Europe. Whilst complex, the humanitarian crisis unfolding on the these concerns are arguable not islands. The number of arrivals has again irresolvable, but would require political increased, with nearly 14,000 individuals will and resource allocation to address. in the camps at the end of October 2019 Priorities for national and EU-level (Reidy 2019), meaning that policy action actors must include increased access to is perhaps more urgently needed than healthcare, proper and quicker status ever before. Without meaningful action determination procedures through at the European and national levels, we accelerated transfers to the mainland are likely to witness a continuation of a where due process with adequate legal situation of collective distress and self- safeguards, legal aid and interpretation harming among asylum seekers. A view from Chios Mohamad Alhussein Saoud 72 FIELD MONITOR OxMo Vol. 8, No. 2 The authors Bibliography Mohamad Alhussein Saoud holds a BA and an AL JAZEERA (2017) Rights groups urge MA in Economics from Aleppo University, and an Greece to end ‘containment policy’ (online), Available from: 73 FIELD MONITOR OxMo Vol. 8, No. 2 AnIslandAtBreakingPoint.pdf > (accessed 26 September 2019). REFUGEE RIGHTS EUROPE (2018) The State of Refugees and Displaced People in Europe, London, Refugee Rights Europe. Available from REIDY, E. (2019) ‘Briefing: Behind the new refugee surge to the Greek islands’ (online) The New Humanitarian. Available from: 74 The Picture from Above: Using Satellite Imagery to Overcome Methodological Challenges in Studying Environmental Displacement Alison Heslin and Lisa Thalheimer Extreme and uncertain climate conditions adversely affect people around the world, including, in extreme circumstances, by displacing them from their homes. In today’s global climate crisis, it is critical to have a range of tools available to measure and address the scale and drivers of such forced migration. Inclusive development and the provision of time-effective humanitarian aid to those displaced requires real-time information on displacement, information that can be difficult to fully obtain through data collection on the ground. Satellite data offers an opportunity to supplement ground-level data collection for targeted intervention in areas most at-risk of displacement. The starting point of this paper is the discourse on environmental displacement, the challenges of studying this type of displacement and the opportunities information from remote sensing provide. We then showcase the applicability of such data in an embedded case study on Somalia, a country with a longstanding history of forced migration, drought and conflict. Introduction understanding of the mechanisms and processes driving the timing of people’s We find ourselves in the midst of decisions to move and their selection a warming world with intensifying of destination locations. In turn, climate and conflict shocks. Studying understanding the displacement process forced migration in the context of requires data on a range of topics as environmental change and extreme the movement of populations is highly weather events has gained prominence complex and motivated by interrelated with the climate emergency being sets of factors (see, for example, Heslin discussed in the media and among et al. 2019; Marsh 2015). Studies of policymakers worldwide (McLeman and displacement, in general, can face Gemenne 2018; Ponserre and Ginnetti difficulty in obtaining data which predate 2019). The effects of climate change the displacement event of interest. In on rainfall patterns and storm severity particular, studies of environmental will continue to threaten populations displacement may require data both in coastal, low-lying, agricultural and preceding and following natural pastoral communities (IPCC 2012). disasters, which alter the landscape, Additionally, their economic livelihoods infrastructure and communities and can are at risk as weather events jeopardize therefore disrupt any existing and ongoing natural resources on which many of these data collection efforts. ‘climate change hotspot’ communities In the context of environmental depend. Intervention into areas at risk of displacement, satellite imagery environmental degradation and extreme offers an opportunity to supplement weather as well as providing early information collected on the ground response in the wake of displacement, with environmental data that covers possibly at a large scale, are critical in large geographic areas and time addressing forced migration. frames. To exemplify, using satellites, Interventions into areas at risk of one can measure land use, vegetation, displacement and areas receiving soil moisture, and other environmental displaced persons require a thorough variables at fine time scales and varying 75 ACADEMIC SECTION OxMo Vol. 8, No. 2 spatial resolutions. Through platforms informal settlements, adding to data such as Google Earth Engine, these data on destination locations. In this paper, sets are publicly available and frequently we discuss the scale of environmental updated, providing near-real time displacement, the need for quality data information to monitor displacement to inform our understanding of this events as they unfold. In addition to process and provide an example of the environment-specific data, satellite potential use of satellite imagery in the imagery can be applied to measure the case of internal displacement in Somalia. growth of cities, refugee camps, and Figure 1. New Internal Displacements 2009-2018. Source: Internal Displacement Monitoring Centre, Global Internal Displacement Database Environmental displacement of 2019 saw 10.8 million new internal displacements, with seven million of Projections of displacement1 in general these triggered by natural disasters, a and environmental displacement, new record high mid-year displacement specifically, vary widely across studies by natural disasters (IDMC 2019a). using differing data and methodologies In addition to sudden onset natural (Gemenne 2011). Based on reliable disasters, environmental displacement sources, natural disasters resulted in 227 can occur through longer term, gradual million internal displacements from 2009 onset changes that affect livelihoods, to 2018; a number nearly three times fuel conflict, and drive internal migration greater than conflict-related internal to urban centres (Heslin et al. 2019). displacement over the same time period While the majority of displacements occur (IDMC 2018a) (Figure 1). The first half internally, disasters and conflict also drive populations across borders–most often 1 In the migration literature, typically the terms displacement into neighbouring countries, which host and forced migration can be used interchangeably. four in five refugees (UNHCR, 2019). Throughout the remainder of the paper, we use the former. 76 ACADEMIC SECTION OxMo Vol. 8, No. 2 With climate change adversely emerge. First, ground-collected data affecting sea-level, storm severity, for determining underlying drivers of and weather patterns (IPCC 2018), migration decisions may not exist or environmental displacement is likely may be incomplete if collection begins to continue as a major humanitarian only after an event has occurred or only issue into the future. During extreme in locations where formal programmes weather events and humanitarian of assistance exist. Within the context of emergencies, health, safety and shelter disasters reported in the IDMC database, are the most prevalent priority needs for Ponserre and Ginnetti (2019) report that displaced people. In addition, displaced only 130 of 7,000 events reported since persons face disruptions in education 2008 have time-series data displacement and livelihoods when leaving home, numbers and flows. Second, in the case which can have lasting impacts (Bessler of regularly collected data–the type 2019; Cazabat 2018). Differences in that could be used to determine the disaster-preparedness, geographic initial characteristics or vulnerability of location, and societal context also a region, community, or household– create context-specific challenges for sudden onset extreme weather events displaced people. Ayeb-Karlsson et al., can disrupt their collection. Such gaps for instance, investigate early warning in data collection result in missing system (EWS) effectiveness, finding data during a critical time frame for social determinates of EWS failure in fully understanding a displacement some cases (e.g. mistrust of authorities) process. For monitoring unfolding and cultural determinants (e.g. religious humanitarian emergencies, delays in understandings of disasters as God’s data access between its collection and will) in others (2019). public availability can impede research Environmental displacement is and hold up activities aimed at assisting complex, and our understanding of relief efforts. Lastly, in addition to delays associated mechanisms is limited. in the public availability of data, data Examining the causes and mechanisms collected by government agencies and of environmental displacement can aid organizations may not ever be made help in designing effective policies and accessible due to either explicit intentions processes influencing people’s exposure to keep information internal or simply and vulnerability to extreme weather from lack of capacity or resources to enter events (sudden) or climate change (slow and host data in an accessible server. onset). It is widely accepted that drivers are multi-causal, meaning they range from non-environmental issues such as Opportunities in using satellite data the political economy, demographic change and conflict conditions to The IDMC, among others, has environmental changes and climatic highlighted the potential role of satellite shocks resulting in floods, storms or heat data as a tool in addressing displacement waves (Black et al. 2011). Thus, the study (IDMC 2019b). While remote sensing, of environmental displacement requires or collecting data about an area from a range of data sources to model these a distance, cannot replace the breadth complex dynamics. of information gained from on-the- ground knowledge and experience— for instance from in-depth interviews, Data limitations household surveys, or ethnographies— it can supplement such information When studying displacement in in many ways. Addressing the above general, and environmental displacement listed data limitations, one advantage of specifically, several data challenges satellites is that they consistently record 77 ACADEMIC SECTION OxMo Vol. 8, No. 2 data at equal intervals around the world. Targeting interventions and building A prominent example are Landsat resilience satellites, which have been collecting imagery of the Earth’s surface since the Researchers and practitioners have 1970s. The intervals of image collection used remote sensing in post-natural for the numerous open source satellite disaster and large-scale displacement data sources are uninterrupted by natural contexts to aid in addressing ongoing disasters (with the exception of cloud crises. In the event of a natural obstruction) or conflicts. This historical disaster, satellite imagery can provide depth and contemporary consistency information on the extent of damage offer major advantages (Witmer 2015). and displacement. For instance, imagery Satellite imagery can be used in of flood extent, destroyed structures, or many different ways in the study of burned areas can be compared with pre- environmental displacement, both in disaster imagery to provide governments terms of gaining a better understanding and aid organizations estimations of the of the drivers of migration and in land area and number of people affected measuring actual displacement (Boccardo and Giulio Tonolo 2015). In numbers. Imagery can be used to track addition, studies have used satellite changes in land cover or land use type, imagery to estimate the size of displaced surface water extent or infrastructure populations at points of destination. locations at high spatial and temporal Such studies use imagery to count tents resolutions, with open source satellite and buildings as well as to measure night imagery from sources such as the time lights to estimate the number of Sentinel 2 satellite, which collects high- people in a given location (Bharti et al. resolution imagery in five day intervals 2015; Bjorgo 2000; Checchi et al. 2013; at a 10-meter spatial resolution, Lang et al. 2010; Wang et al. 2015). meaning any location will have imagery These remote sensing data can be data collected by the satellite every combined with ground data and applied five days. In addition to such imagery, in collaboration with organizations georeferenced climate data provides working on the ground. In the Northwest information on rainfall, temperature, Himalaya mountain region, Bharti et al. drought indices and soil moisture at (2015), for instance, combine anonymized daily or near daily timescales as well as mobile phone data with satellite climate projections of temperature and imagery of night time lights to estimate rainfall under different climate change population movements to improve in scenarios. Radar data, which measures the delivery of aid and rebuilding. With physical properties of the earth’s surface, information on the approximate number is available for a given location every of people in a location, governments three days and can be used to gauge and aid organizations can better allocate expansions of settlements, measuring food and other supplies and estimate increases in built structures such as requirements for supporting these houses, tents, buildings, or roads. Such displaced populations. In the context geographic data are particularly useful of targeting interventions displacement due to the near immediacy with which need not be strictly environmentally they are publicly accessible, providing motivated to benefit from satellite data, near real-time information on the state as determining the size and location of of the landscape in any given location. populations can direct aid and resources those displaced from any driver. During humanitarian emergencies, knowledge of the most affected regions may come after displacement has begun when livelihoods and social structures are 78 ACADEMIC SECTION OxMo Vol. 8, No. 2 already severely damaged. Anticipating real-time or based on future climate who is affected and likely to be displaced projections to identify areas likely can allow for intervention in situ, reducing to face threats to their well-being. challenges of assisting already displaced Increased temperature or decreased populations and allows for work to build rainfall, for instance, will be acutely resilience in vulnerable populations. experienced by those dependent on Creating resilience to environmental rain-fed agriculture, specifically drought hazards requires building and sensitive crops. For example, with strengthening the capacity of vulnerable remote sensing, one can first identify populations to quickly and effectively agricultural regions, then use historical recover from disasters and anticipate data to locate areas, which regions have and reduce future risks (Hallegatte et experienced decreases in vegetation al. 2017). Satellite imagery, along with during periods of below average rainfall. georeferenced climate projections, Knowing these areas are vulnerable can help identify areas at risk in order to rainfall variability and knowing the to build resilience and intervention values of precipitation at which the strategies in advance of a crisis. The cropped area historically decreased information available through remote allows for the use of either contemporary sensing from satellites includes climate rainfall or rainfall projections to identify and land cover, such as vegetation and locations for intervention. By mapping road surfaces, among many others. Such future rainfall projections over the same information can be used to assess the regions, we can begin identifying areas vulnerability of regions to environment likely vulnerable to droughts as climate displacement. In identifying factors that change progresses. may cause displacement, such as unusual Such measurements have most drops in vegetation or projections of potential when applied in tandem with crop failure based on rainfall anomalies, data collected on the ground or in- one is also less limited by the spatial depth familiarity with the region, as they resolution of data than in identifying the identify potential environmental drivers size the already displaced populations. of displacement, a process that is multi- In measuring already displaced causal and context-specific. Satellite populations, studies like those outlined data offers the opportunity to fill gaps in above counting tents and buildings, knowledge of real-time conditions over require high-resolution imagery whereas large areas for practitioners working in in identifying potential environmental the field. Already existing knowledge hazards for populations, high resolution of the conditions which have driven imagery increases precision, but lower displacement events in the past should resolution imagery of land-use type or guide data collection efforts to identify geographic data on climate variables the current state of those factors in can still offer insight into regions at-risk inaccessible regions or time intervals. of displacement. Critical to using such a vast resource of information for locally applied Potential for satellite data: the case interventions, however, is ensuring of Somalia that the data is relevant to the specific context of interest. Knowledge on the For over two decades, Somalia has region of interest is important for first been a prominent humanitarian crisis identifying the primary livelihood source in Africa, presenting a challenging of the population and the livelihood- landscape for aid agencies. The case specific vulnerabilities. Once these of Somalia presents an example of the specific stressors are identified, it is highly complex nature of protracted possible to map vulnerabilities in near displacement crises in which conflict, 79 ACADEMIC SECTION OxMo Vol. 8, No. 2 environmental disasters, and political from 2011 to 2012 (Gebremeskel Haile and economic instability drive internal et al. 2019). Despite the number of new and international displacement while drought-related displacements abating, disrupting aid flows and data collection drought-related internal displacements (Thalheimer and Webersik 2020). continue and many people have been Somalis have faced seven drought unable to achieve durable solutions events from 2000 to 2017, including the in terms of their health, safety, shelter severe drought in East African drought (Figure 2). Figure 2. Drought-Related Internal Displacement 2017, Somalia (excluding Somaliland). Data Source: UNHCR PRMN Somalia Internal Displacement, 2017 80 ACADEMIC SECTION OxMo Vol. 8, No. 2 The 2011 East African drought The need for pre-emptive action The 2011 drought in East Africa offers While Somalia represents a particularly a sobering example of the role of the challenging case for intervention, it environment in displacement. Well encapsulates many aspects leading below average rains in the fall of 2010 to forced displacement more broadly, and spring 2011 devastated livestock including ongoing conflict and limited and crop production, causing an state capacity. In such circumstances, increase in food prices and worsening the combination of an environmental humanitarian situation in East Africa. The event, moving populations and fragility humanitarian emergency in Somalia was presents substantial challenges for further exacerbated by a combination directing timely intervention. Indeed, of generalized violence and conflict once displacement begins, many between the Federal Government of intervention opportunities have already Somalia (FGS) and its allies fighting passed. In addition, ground-level data rebel groups. By summer 2011, the UN collection, if it existed prior to the crisis, declared famine conditions in south will likely be disrupted, adding further and central Somalia as refugees fled obstacles to identifying intervention into neighbouring Kenya and Ethiopia locations and solutions. In a real time and internally displaced persons (IDPs) evaluation report of the 2011 drought numbered over one million (Norwegian in the Horn of Africa commissioned Refugee Council/Internal Displacement by the UN Office for the Coordination Monitoring Centre, 2012). As the of Humanitarian Affairs, the authors drought destroyed crops, reduced highlight uncertainty regarding the livestock levels and exhausted people’s severity of the crisis as a factor, which resources, much of the food assistance limited early responses (Darcy et al. 2012). allowed into the country was diverted For example, the report notes scepticism by different parties to the conflict and uncertainty surrounding anecdotal (Seal and Bailey 2013). Although the evidence reported from various agencies Federal Government of Somalia (FGS) and villages to central officials. recognized the severity of the food The presence of additional data to crisis, it was unable to react ex-ante, as confirm or expand upon reports from little had been invested in anticipating more remote areas of Somalia could have and preventing the vulnerabilities, expedited the identification of those at thus addressing root causes of this risk of hunger and displacement This kind of displacement. Somalia’s capital could have allowed for aid interventions Mogadishu, for example, is an urban in place, thereby protecting populations centre, which receives IDPs without from many additional dangers that the capacity to provide adequate accompany displacement. safety, healthcare, housing, education Following the 2011 East Africa drought, and sanitation to arrivals, resulting in Save the Children and Oxfam issued evictions, illness and gender-based a joint report outlining insufficiencies violence (IDMC, 2018b). Due in part to in the response that accounted for the limited state capacity as well as delayed prolonged and devastating food crisis humanitarian response, the 2011 drought and famine. Of particular note in their resulted in widespread famine in Somalia, report is the call for a stronger focus killing approximately 258,000 people on data to identify risks and investment (Checchi and Robinson, 2013). in preventative interventions based on those assessments of risk (Save the Children and Oxfam, 2012). What both organizations highlight in the report regarding the famine applies more 81 ACADEMIC SECTION OxMo Vol. 8, No. 2 broadly to addressing forced migration based financing (FbF) approaches elsewhere–that the best strategy to deal to inform short-term humanitarian with a crisis is by intervening before assistance based on disaster warnings it can become one through building from scientific forecasts (Coughlan de resilience and reducing vulnerability to Perez et al. 2015). For example, FbF droughts, floods, storms and other risks. was applied during the 2015/16 El To locate populations most vulnerable Niño event in Peru and helped reduce to climate extremes requires data on their impacts from heavy rainfalls and floods location and surrounding environment, by protecting houses, providing safe livelihoods, infrastructure and drinking water and first-aid training to topography. For example, a qualitative affected populations (Red Cross EU assessment of existing road conditions Office 2019). To enable anticipatory through satellite-derived images are humanitarian action, the use of satellite crucial for determining the feasibility data helps to develop early warning and type of humanitarian aid delivery. systems, providing funding before an Combining these data with that of local extreme weather event strikes. Ultimately, climate conditions and projections can such ex-ante finance mechanisms support target intervention before situations disaster-preparedness, reducing deteriorate into displacement-driving risks and strengthening resilience of humanitarian emergencies. Such vulnerable populations through an advanced action faces fewer obstacles integrated framework. on the ground as it could occur prior to The applicability of satellite data disaster-induced conflict and instability could have averted a humanitarian and infrastructure and housing damage. emergency during Somalia’s 2011 During the 2017 Somalia drought, drought. Satellite imagery could after almost half of the Somali population have offered an opportunity to locate was already on the brink of yet another vulnerable populations when regular humanitarian crisis, the World Bank data collection was obstructed by violent supported the Food and Agriculture conflict or limited resources. One could, Organization (FAO) and the FGS with for example, combine data on rainfall, a $50 million emergency funding temperature and land use to identify areas package for drought relief, addressing facing most extreme weather anomalies, deteriorating food security levels. While use satellite imagery to measure the the response in 2017 helped to avert a size of displaced-persons camps and repeat of the famine conditions of 2011, assess the environmental vulnerability forecasts of soil moisture, temperature, of those in refugee or IDP camps. In and precipitation could be used to the context of food security, the Famine direct aid to areas at risk of future Early Warning Systems Network (FEWS extreme events before populations are NET) incorporates data from partner so severely affected. Whereas satellite organisations such as National Oceanic imagery has been used in the context and Atmospheric Administration (NOAA) of mapping Somali road networks and and remote sensing climate products, population distribution in the absence like the Climate Hazards Group InfraRed of a humanitarian crisis (World Bank Precipitation with Station data (CHIRPS) Group 2018), we argue that such data in analyses for food security outlooks could have been used for a timelier in selected regions in Africa, Central intervention in 2017 (and 2011) to Asia and Central America (FEWS NET ensure disaster preparedness and build 2019a). Such a system could be applied resilience in the face of a changing to populations’ vulnerability to extreme climate. Practitioners like the Red Cross weather and displacement. Climate Centre (RCCC), for instance, have To identify at-risk areas to target aid been starting to apply tests of forecast- intervention, one can use existing land 82 ACADEMIC SECTION OxMo Vol. 8, No. 2 levels of vegetation and land-based livelihoods, which were historically drought-sensitive, remote sensing can further be used to plan aid shipment routes or identify infrastructure damage that may impede intervention. In the context of disasters such as severe droughts, having up-to-date information as well as historical data for comparison is critical to anticipate resource needs and high-risk locations before situations rapidly deteriorate into displacement and famine, as occurred in Somalia in 2011. Having access to additional types of data beyond that which can be collected on the ground is vital to pre-empt disasters and inform humanitarian responses in unstable and quickly changing environments. Figure 3. Land use type Somalia Data Source: MODIS Land Cover Type 2016 Way forward cover maps (Figure 3) or create more Satellite data can provide important detailed supervised classifications of opportunities to strengthen estimates of remote sensing data to locate land use populations at risk of forced migration, types throughout the country and to particularly in the context of disasters and identify regions vulnerable to climatic degrading environments. Remote sensing changes like decreases in rainfall, data has been used in limited contexts for instance agricultural or pastoral to enhance the timeliness of knowledge communities. Historical data can identify on displaced persons’ destination regions that experienced vegetation localities. We suggest additional loss in previous drought events using applications to address environmental numerical indicators, including the displacement, including identifying Normalized Difference Vegetation vulnerable communities to support pre- Index (NDVI) and the Standardized disaster resilience-building interventions. Precipitation Evapotranspiration Index Regarding Somalia, these methods are (SPEI). NVDI provides a measurement applicable to inform life-saving early of the amount of vegetation, which can warnings, especially given existing conflict be used to identify regions showing a conditions and associated risks in on-the- marked decrease in vegetation during ground data collection and field visits. previous years. The possible influence Satellite data of conditions of land areas of drought can then be assessed using must be guided by knowledge of the SPEI, which combines measures of populations and their prior experiences precipitation with evapotranspiration under different environmental conditions. to identify drought conditions. This For this reason, the data from satellites combination of NDVI, SPEI, and land would be best obtained and analysed in cover data can allow for distinguishing close collaboration between geographic the role of human and conflict-driven and remote sensing experts and those land degradation from drought-induced by government and humanitarian actors vegetation declines. Following the working in early response and risk identification of regions with high mitigation. 83 ACADEMIC SECTION OxMo Vol. 8, No. 2 While these data sources are publicly capacity building needs to be a priority available online, expertise is required to equip actors with the tools needed to obtain, analyse and interpret data in to take advantage of this vast data a way that can inform decision makers resource satellite imagery offers. Maps of and, ultimately, policy. For example, displacement outlooks could make this satellite information on the location, information quickly accessible through frequency and intensity of affected areas an easy to grasp visual method, similar will be crucial to address priority needs to maps showing priority areas of future and to design adaptation measures, but food insecurity (FEWS NET 2019b). requires merging data from multiple In addition, collaborations between satellites, resolutions, and time scales. researchers and practitioners to create The existence of the data does not early warning systems for displacement guarantee its accessibility by those and emergency aid needs is crucial to who could best interpret and apply the better address displacement in the information available. In such cases, context of environmental disasters. An image of Dadaab refugee camp in Kenya created from Sentinel-2 satellite data, provided by Alison Heslin. 84 ACADEMIC SECTION OxMo Vol. 8, No. 2 The authors Bibliography Alison Heslin is a postdoctoral research scientist AYEB-KARLSSON, S., KNIVETON, D., at the Center for Climate Systems Research at CANNON, T., VAN DER GEEST, K., AHMED, Columbia University’s Earth Institute. Trained I., DERRINGTON, E. M., FLORANO, E., and OPONDO, D. O. (2019) ‘I will not go, I cannot as a sociologist, her research spans multiple go: cultural and social limitations of disaster disciplines including climate science, political preparedness in Asia, Africa, and Oceania’, science, economics, statistics, and geography. Dr. Disasters 43(4): 752–770. Heslin’s work focuses on the ways environmental changes affect food security, conflict, and BESSLER, M. (2019) ‘Foreword: Education – a humanitarian and development imperative’, migration. Specifically, her research examines Forced Migration Review (60): 4–5. patterns of conflict and displacement following sudden and gradual onset environmental BHARTI, N., LU, X., BENGTSSON, L., WETTER, changes, such as natural disasters or changes E., and TATEM, A. J. (2015) ‘Remotely measuring in temperature and precipitation. Before joining populations during a crisis by overlaying two data sources’, International Health 7(2): 90–98. the Earth Institute, Dr. Heslin worked at the International Institute for Applied Systems BJORGO, E. (2000) ‘Refugee Camp Mapping Analysis. She holds a Ph.D. in Sociology with a Using Very High Spatial Resolution Satellite focus on political economy and environmental Sensor Images’, Geocarto International 15(2): sociology from Emory University. 79–88. BLACK, R., BENNETT, S. R. G., THOMAS, S. M., Lisa Thalheimer is a doctoral student at the and BEDDINGTON, J. R. (2011) ‘Migration as Environmental Change Institute at Oxford adaptation’, Nature 478(7370): 447–449. University. She is a research assistant with the Nuffield College-based group Climate BOCCARDO, P., and GIULIO TONOLO, F. (2015) Econometrics. Her research addresses the impacts ‘Remote Sensing Role in Emergency Mapping for Disaster Response’, In Lollino, G., Manconi, of extreme weather events and climatic change A., Guzzetti, F., Culshaw, M., Bobrowsky, P., and on migration and conflict in East Africa. Her work Luino, F. (eds.), Engineering Geology for Society comprises econometric modeling of climate data, and Territory - Volume 5. Switzerland: Springer geostatistical merging of socio-economic data International Publishing, pp. 17-24. and the quantification of migration drivers. Prior to beginning her doctoral studies, Lisa worked CAZABAT, C. (2018) The Ripple Effect: Multidimensional impacts of internal in a variety of roles on the linkages between the displacement. Geneva, Switzerland: Internal environment and inclusive growth at the World Displacement Monitoring Centre. Bank and the IMF in Washington, D.C. and the Earth Institute in New York, NY. She holds a Master CHECCHI, F., and ROBINSON, W. C. (2013) of Science in Sustainability Management from Mortality among populations of southern and central Somalia affected by severe food Columbia University and a Bachelor of Science in insecurity and famine during 2010-2012. Rome, Environmental Business and Economics from the Italy: Food and Agriculture Organization of the University of Applied Sciences Europe. United Nations. CHECCHI, F., STEWART, B. T., PALMER, J. J., and GRUNDY, C. (2013) ‘Validity and feasibility Acknowledgments of a satellite imagery-based method for rapid The work reported here was funded in part estimation of displaced populations’, International by the Army Research Office under the Journal of Health Geographics 12(1): 4. Multidisciplinary University Research Initiative COUGHLAN DE PEREZ, E., VAN DEN HURK, (Grant #W911NF1810267). The views and B., VAN AALST, M. K., JONGMAN, B., interpretations expressed in this document are KLOSE, T., AND SUAREZ, P. (2015) ‘Forecast- those of the authors and should not be attributed based financing: an approach for catalyzing to the US Army. Additionally, financial support humanitarian action based on extreme weather from the Robertson Foundation, United States and climate forecasts’, Natural Hazards and Earth Systems Science 15: 895–904. (Award 9907422) is gratefully acknowledged. 85 ACADEMIC SECTION OxMo Vol. 8, No. 2 DARCY, J., BONARD, P., and DINI, S. (2012) INTERNAL DISPLACEMENT MONITORING IASC Real Time Evaluation of the Humanitarian CENTRE (2019b) Global Report on Internal Response to the Horn of Africa Drought Crisis: Displacement 2019, Part 2 Internal Displacement Somalia 2011-2012. Inter Agency Standing Data: From Challenge to Opportunity. Geneva, Committee. Switzerland: Internal Displacement Monitoring Centre. FAMINE EARLY WARNING SYSTEMS NETWORK (2019a) FEWS NET Data Center. SENEVIRATNE, S.I., NICHOLLS, N., Famine Early Warning Systems Network. EASTERLING, D., GOODESS, C.M., KANAE, S., Accessed at https://fews.net/fews-data/336. KOSSIN, J., LUO, Y., MARENGO, J., MCINNES, K., RAHIMI, M., REICHSTEIN, M., SORTEBERG, FAMINE EARLY WARNING SYSTEMS A., VERA, C., and ZHANG, X., (2012) ‘Changes NETWORK (2019b) FEWS NET Food Security in climate extremes and their impacts on the Outlook. Famine Early Warning Systems natural physical environment’, In Field, C.B., Network. Accessed at https://fewsnet.maps. V. Barros, T.F. Stocker, D. Qin, D.J. Dokken, arcgis.com/apps/Cascade/index. K.L. Ebi, M.D. Mastrandrea, K.J. Mach, G.-K. Plattner, S.K. Allen, M. Tignor, and P.M. Midgley GEBREMESKEL HAILE, G., TANG, Q., SUN, (eds.) Managing the Risks of Extreme Events S., HUANG, Z., ZHANG, X., and LIU, X. (2019) and Disasters to Advance Climate Change ‘Droughts in East Africa: Causes, impacts and Adaptation. A Special Report of Working Groups resilience’, Earth-Science Reviews 193: 146–161. I and II of the Intergovernmental Panel on Climate Change (IPCC). Cambridge University GEMENNE, F. (2011) ‘Why the numbers don’t Press, Cambridge, UK, and New York, NY, USA, add up: A review of estimates and predictions pp. 109-230. of people displaced by environmental changes’, Global Environmental Change 21: S41–S49. INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE (2018) Global Warming of 1.5C. HALLEGATTE, S., VOGT-SCHILB, A., Geneva, Switzerland: World Meteorological BANGALORE, M. and ROZENBERG, J. (2017) Organization. Unbreakable: Building the Resilience of the Poor in the Face of Natural Disasters. Washington LANG, S., TIEDE, D., HÖLBLING, D., FÜREDER, D.C: World Bank Publications. P., and ZEIL, P. (2010) ‘Earth observation (EO)- based ex post assessment of internally displaced HESLIN, A., DECKARD, N. D., OAKES, R., and person (IDP) camp evolution and population MONTERO-COLBERT, A. (2019) ‘Displacement dynamics in Zam Zam, Darfur’, International and Resettlement: Understanding the Role of Journal of Remote Sensing 31(21): 5709–5731. Climate Change in Contemporary Migration’, In Mechler, R., Bouwer, L. M., Schinko, T., Surminski, MARSH, J. (2015) ‘Mixed motivations and S., and Linnerooth-Bayer, J. (eds.), Loss and complex causality in the Mekong’, Forced Damage from Climate Change: Concepts, Migration Review 49: 68–69. Methods and Policy Options. Cham: Springer International Publishing, pp. 237-258. MCLEMAN, R., and GEMENNE, F. (2018) ‘Environmental migration research: evolution INTERNAL DISPLACEMENT MONITORING and current state of the science’, In McLeman, CENTRE (2018a) Global Internal Displacement R. and Gemenne, F. (eds.), Routledge Handbook Database. Geneva, Switzerland: Internal of Environmental Displacement and Migration. Displacement Monitoring Centre. New York, NY: Routledge, pp. 3-16. INTERNAL DISPLACEMENT MONITORING NORWEGIAN REFUGEE COUNCIL/INTERNAL CENTRE (2018b) City of Flight: New and DISPLACEMENT MONITORING CENTRE secondary displacements in Mogadishu, Somalia. (2012) Global Overview 2011: People internally Geneva, Switzerland: Internal Displacement displaced by conflict and violence - Somalia. Monitoring Centre. Geneva, Switzerland: Internal Displacement Monitoring Centre. INTERNAL DISPLACEMENT MONITORING CENTRE (2019a) Mid-Year Figures: Internal PONSERRE, S., and GINNETTI, J. (2019) displacement from January to June 2019. Disaster Displacement: A global review, 2008- Geneva, Switzerland: International Displacement 2018. Geneva, Switzerland: International Monitoring Centre. Displacement Monitoring Centre. 86 ACADEMIC SECTION OxMo Vol. 8, No. 2 RED CROSS EU OFFICE (2019) Forecast Based Financing. https://redcross.eu/projects/forecast- based-financing. SAVE THE CHILDREN and OXFAM (2012) A Dangerous Delay: The cost of late response to early warnings in the 2011 drought in the Horn of Africa. SEAL, A. and BAILEY, R. (2013) ‘The 2011 Famine in Somalia: Lessons Learnt from a Failed Response?’, Conflict and Health 7(22): 1-5. THALHEIMER, L., and WEBERSIK, C. (2020) ‘Climate Change, Conflict and Migration’, In Krieger, T., Panke, D. and Pregernig, M. (eds.) Environmental Conflicts, Migration and Governance, Bristol: Bristol University Press, pp. 59-82. UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (2017) Somalia Internal Displacement, Geneva, Switzerland: United Nations High Commissioner for Refugees. UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (2019) Global Trends: Forced Displacement in 2018. Geneva, Switzerland: United Nations High Commissioner for Refugees. WANG, S., SO, E., and SMITH, P. (2015)’ Detecting tents to estimate the displaced populations for post-disaster relief using high resolution satellite imagery’, International Journal of Applied Earth Observation and Geoinformation 36: 87–93. WITMER, F. D. W. (2015) ‘Remote sensing of violent conflict: eyes from above’, International Journal of Remote Sensing 36(9): 2326–2352. WORLD BANK GROUP (2018) Federal Republic of Somalia Systematic doi:10.1596/30416. 87 Challenges to the Governance of the Return of Victims Abroad to Colombia Paul De Ryck and Stéphanie López Villamil The return to Colombia of victims of the armed conflict living abroad has arisen as a major issue over the last few years. The emergence of numerous claims from victims to arrange their return in decent and safe conditions and the negotiations carried out by the Colombian government and the FARC-EP led country authorities to implement several policy measures related to Colombian return migration. However, a lack of participatory governance and civil society participation in the decision-making processes have characterised the shaping of these return policies. In spite of the unwillingness of the authorities to include them in the policy-making process, civil society organisations and other organisations supporting victims abroad issued claims and concrete proposals to influence those policy processes, with the objective of guaranteeing victims the right to come back to Colombia in voluntary, decent and safe conditions. Introduction precedents have been established that expand the legal possibilities The question of the return of Colombians of supporting return migrants, while living abroad, particularly the return of various institutional programs have victims of the civil conflict, arrived a few been carried out in order to improve years ago onto the Colombian political the return conditions of Colombians stage, during the time of the signing of abroad, through reintegration assistance the Peace Agreement with the FARC1 in Colombian society. guerrilla in 2016. In fact, the progressive The Colombian government estimates implementation of migration policies by that around 4.7 million Colombians live the Government of Colombia at the end abroad, that is to say more than 10% of the 2000s, combined with Colombian of its global population (Dinero 2019). citizens living abroad claiming their Colombians abroad may be found rights, and the beginning of the peace predominantly in neighboring countries, process, have led to the commencement but also in the United States and Spain. of several initiatives issued by the Moreover, economic and political turmoil Ministry of Foreign Affairs related to in Venezuela has increased the need Colombian returnees.2 Greater legal to achieve an efficient return policy for Colombians, as thousands of them had 1 The FARC - Fuerzas Armadas Revolucionarias emigrated to Venezuela since the oil de Colombia (Revolutionary Armed Forces of boom in the 1970s and are now looking Colombia) - also called FARC-EP - EP standing to return (López 2019). According to for Ejercito del Pueblo (People’s Army) - has long 3 been the most important guerrilla in Colombia, Migración Colombia, more than 500.000 until its dismantlement by the Peace Agreement Colombians have already returned from in 2016 and its transformation into a political Venezuela (El Nacional 2019). party - la Fuerza Alternativa Revolucionaria del Común (the Common Alternative Revolutionary Force). In spite of the Peace Agreement, several 2012: 17). The International Organization for dissident groups are still existing. Migration (IOM, 2006) distinguishes voluntary 2 returns without obligation, from obligated In general, return can be defined as the ‘return voluntary returns (due to the ending of migrants’ of an international immigrant to his home temporal protection, rejected asylum, etc.) and country, with the intention of re-establishing his compulsory returns (deportation, expulsion). residence in it, regardless of the length of his stay outside of his country and of the eventuality 3 Migración Colombia is a governmental of a posterior reemigration’ (Mejía and Castro immigration agency. 88 ACADEMIC SECTION OxMo Vol. 8, No. 2 Exile is a key issue in the Colombian qualitative analysis of the legal framework political and social context, as it and public policies the Colombian represents a ‘prorogation of the impacts government has implemented. Second, of the armed conflict and of generalised the article will highlight several reflections violence beyond Colombia’s borders’ from civil society organisations that call according to the National Centre for further governance of voluntary return for Historical Memory (NCMH 2016: of victims abroad. 20). However, this is an unknown phenomenon in Colombia which, despite the long history of the armed Return policies in Colombia: gaps and conflict, remains invisible today to many insufficiencies (NCMH 2018). Colombians who left the country due to the armed conflict The legal framework of return in have not been a priority in the national Colombia agenda compared to those internally displaced. If victims overall, regardless According to Mármora (2002:297), of place, have suffered certain invisibility, migrant-repatriation policies are ‘aimed at ‘the invisibility of the victims abroad is retrieving emigrant population, whether even worse (…) they are faceless victims it is through their physical return or their who had to leave everything behind possible contribution to its origin country’. them’ (Duarte and Aliaga 2018: 62). However, to grasp the issues raised by Nevertheless, institutional responses the return of victims abroad to Colombia, from the Colombian authorities as a it is imperative to discuss the overall welcoming country for its returning Colombian migration public policy, as, citizens have been so far inoperative, in this case, ‘emigration and return are particularly regarding assistance to two characteristics of the same migratory those called ‘victims abroad’ - victims process’ (Díez Jiménez 2014: 23). The of the armed conflict who fled to other development of a migration policy began countries.4 In particular, restricted only in the 2000s, first through the Colombia involvement of civil society and of Nos Une program created in 2003 that was main interested parties, such as victims incorporated into the Ministry of Foreign themselves, whether they have already Affairs’ functions and aimed to provide returned or not, has characterised the assistance to the Colombian diaspora. At decision-making and monitoring of the same time this program was created, a return legal framework for victims the National Intersectoral Commission abroad. In fact, return policies have on Migration was created. However, suffered from a deficit of ‘governance’. the CONPES5 document 3603 of 2009, This article aims to examine, from which enshrined the implementation of a critical perspective, the governance an ‘Comprehensive Migration Policy’, of return policies of victims abroad to following the approaches developed by Colombia and the integrated approach the National Development Plan 2006- applied to assistance for return victims. 2010, was the first to comprehensively6 It raises the following question: to what address the migration issue in Colombia extent have inputs from civil society organizations been incorporated in the 5 The National Council for Economic and Social governance of return for Colombian Policy (CONPES) is the highest national planning authority and functions as an advisory body victims abroad? Answering this question for the Government in all matters relating to will be accomplished first through a Colombia’s economic and social development. 6 For the first time, the Colombian government 4 There are victims living in foreign countries stopped separating policies for immigrant and who have not acquired the refugee status, while emigrant flows and began to articulate the others have; in this article, both are included in implementation of migration strategies between its the same category: ‘victims abroad’. authorities (Ciurlo 2015). 89 ACADEMIC SECTION OxMo Vol. 8, No. 2 (Castro 2016). New legislation has victims, as we will analyze later. since complemented this public policy, People wanting to benefit from such specifically Law 1465 of 2011 which put in assistance to return envisaged by the law, place the National System on Migration. provided they meet all the requirements,10 Regarding the return of Colombians shall register in the Registro Único abroad, Bedoya (2014: 86) points out the de Retornados (RUR), the registry of ‘historical background of incentives’ of returnees. The Intersectoral Commission Decree No 1397/1972, directed towards for Return, created by Decree 1000 of Colombians possessing a university 2013, is notably tasked with considering degree. As for the return of the victims, applications made by nationals living the Victims and Land Restitution Law,7 abroad who have solicited assistance provided them the right to return to their to return. They are then included in the homeland as a reparation measure.8 RUR and guided in their proceedings. Nonetheless, the topical issue of return In parallel to these mechanisms, the of Colombians abroad has mostly been Colombian authorities developed addressed by the Return Law,9 with various programs aimed at enhancing the purpose of facilitating their return the voluntary return of nationals living through a tax reduction policy, as well abroad, both nationally11 and locally,12 as customs concessions to the entry of some focused on the host country or the goods acquired abroad. This legislation qualifications of the returnee.13 divides return into four different types: occupational (laboral), productive 10 The available information on the website: https://www.cancilleria.gov.co/footer/join- (productivo), humanitarian or for specific us/work/plan emphasises the following causes (humanitario o por razones requirements: especiales), and supportive (solidario); 1. Be of legal age. 2. Prove their permanency abroad for at this last one actually applies to victims of least three years. the armed conflict, and is coordinated 3. Must not have current convictions in with the Unit for the Victims Assistance Colombia or abroad and provided they and Reparation (UARIV), as established have not been condemned for offences against the public administration in the Victims and Land Restitution Law. 4. Must not have more than 12 months These four types have been criticised for living in the national territory after having relegating some subjects to invisibility returned. 5. Provide relevant authorities with their (Aliaga et al. 2019), in particular exiled interest in returning to Colombia invoking Colombians who fled their country due Law 1565 of 2012. to the conflict but are not considered 11 The ‘Retorno Positivo’ plan was created in 2009, through which were established the 7 Law 1448 of 2011. Ley de Víctimas y restitución Oficina de Atención al Migrante y los Centros de tierras: por la cual se dictan medidas de de Referenciación y Oportunidades para el atención, asistencia y reparación integral a las Retorno (CRORE), regional instances that bring víctimas del conflicto armado interno y se dictan assistance to the returnees. In addition, the otras disposiciones. former Presidential Agency for Social Action and 8 International Cooperation now known as the Article 28 stated the right to return to their Department for Social Prosperity, implemented place of origin or to resettle in voluntary, two programs: the ‘Retornar es Vivir’ program in safe and decent conditions. Likewise, article 2010, which prioritised the assistance to returned 66 established that ‘with the purpose of families in 115 municipalities; and the ‘Familias guaranteeing comprehensive attention to en su Tierra’ program, born in the frame of the victims of forced displacement who voluntarily Victims and Land Restitution Law. decide to return or resettle, under favourable and safe conditions, they will endeavour to stay 12 The ‘Bienvenido a Casa’ program was created in the place they chose so that the State can in 2009 in Bogotá, and was replicated in the guarantee the effective enjoyment of the rights’. Risaralda Department as the ‘Siempre serás bienvenido a tu tierra’ program. 9 Law 1565 of 2012. Por medio de la cual se dictan disposiciones y se fijan incentivos para 13 The ‘Retorno Productivo’ Plan (2012) focused el retorno de los colombianos residentes en el on the return of Colombians who owned a extranjero. professional or technical degree, while the ‘Es 90 ACADEMIC SECTION OxMo Vol. 8, No. 2 Finally, the return issue appears in ‘centralised hierarchic style’. Thus, the Final Agreement to End the Armed governance aims at being developed Conflict and Build a Stable and Lasting in ‘different spheres of the society’ Peace, signed in 2016. Indeed, the (López 2018a: 85) and at different point 5.1.3.5 underlines the correlation levels (Faludi, 2012); on migration between return in decent conditions and issues, some authors claim a social the adoption of measures that facilitate governance centered on cooperative the socioeconomic reintegration of the actions (Barbero, 2012). Applied to the returnees: Colombian context, governance in this article refers to the inclusion of non- The assisted return will consist of state actors in the design, follow-up and promoting conditions to facilitate monitoring of migration public policies their return to the country and the and in particular of return policies. This construction of their life project. concept is deeply relevant in public This includes providing decent policymaking to address international reception conditions through the migration issues, and especially on the coordination of these plans with issue of the return of victims abroad to the specific institutional services Colombia. Aguilar’s definition will be offered, to progressively guarantee used as a cornerstone of this analysis, access to basic rights, decent with a focus on civil society participation employment, housing, health and in the development and tracking of education at all levels according return policies. to each person’s individual needs. Initially, the Colombian government (Office of the High Commissioner created areas to foster the involvement for Peace 2016: 194). of civil society stakeholders from the implementation of the Colombia Nos Une Program in 2003 onward (Ardila Governance of return in Colombia: an 2009). Moreover, the creation of the illusory participation National System on Migration led to the implementation of the Mesa Nacional de In parallel to the legal framework of la Sociedad Civil para las Migraciones, return implemented by the Colombian a national civil society commission authorities, several tools were put in especially focused on migration, place in order to facilitate civil society composed by a group of actors such as: and victims’ participation in decision- making. However, in practice, the lack of Colombian population abroad, willingness of the government to include returned population, foreign victims in the policy-making process has community in Colombia, private restricted their participation; moreover, companies, trade unions, NGOs, the fact that they have mostly been humanitarian actors, academies, considered as economic subjects has populations with a differential been another obstacle to their effective approach (ethnic groups, gender, participation. diversity and age-group, amongst Aguilar (2006: 8) defines governance others) who will work for the as an ‘associated and interdependent benefit of the migrant population governing style between governmental and will look after their interest and organisms, private and social ideas for the purpose of reaching organisations’, distinguishing governance common objectives (COLOMBIA from governability, considered as a NOS UNE 2019). Tiempo de Volver’ program, implemented in On the other hand, the Victims 2014, aimed at incorporating Colombian doctors trained abroad. and Land Restitution Law enshrined 91 ACADEMIC SECTION OxMo Vol. 8, No. 2 in its Title VIII provisions in order to governance (Bedoya 2014). Return guarantee involvement of the victims in policies are not a top priority of the the design, implementation, execution Colombian government, who has been and evaluation of public policies. In more focused on its struggle against its Article 193 more particularly, it sets guerrillas, poverty, drug trafficking or out the provisions for the creation of internal displacement, which can also Victims Participation Roundtables, as a explain the failure in the implementation tool for encouraging the participation of of these laws (Bedoya 2014). Then, the victims and ensuring their input on though there are legislative measures to political decisions that affect them. They promote civil society participation, they are institutional representative spaces have hardly been operative in reality, compound by victims of the armed due to a lack of willingness from the conflict, developed at a municipal, Colombian government, which seem to departmental, district and national scale. be more willing to create the ‘illusion’ Furthermore, since the Habana peace of participation, rather than foster the negotiations, a forum for participation of actual participation of civil society. the victims abroad was launched, which Aside from the fulfillment of cathartic included returnees who were previously functions and the retrieval of one’s exiled (López 2018a). They organized the citizenship for people who suffered International Forum for Victims (FIV),14 severe violations of their basic rights, which enabled them to exert pressure the participation of victims is crucial for on the government to address in the understanding the return experience final version of the Peace Agreement of these persons and addressing these the topical issue of return as reparations, experiences in the policy-making demonstrating civil society’s capacity to process. Nevertheless, several policies have an impact on decision-making. were designed without the institutional However, the lack of coordination involvement of victims as foreshadowed between the different parts of the Mesa by the Victims and Land Restitution Nacional de la Sociedad Civil para las Law; their influence in decision-making Migraciones prevented it from choosing processes has been very limited, while a representative before the Intersectoral the lack of coordination between the National Commission on Migration, local and national levels created a as planned by the law (López 2018a). profound sense of frustration among Likewise, at the field level, governance the victims (Berrío 2013). For instance, of return in Colombia is ‘non-existent’, the Constitutional Court, repeatedly mainly because of the centralization emphasized the weaknesses of the of the Colombian government (López ‘Nation-Territory Coordination Strategy’; 2018a: 95). Indeed, Bedoya (2014) in its Judgment Auto 383-2010, it showed quotes several interviewed returnees the lack of political willingness from who live in the Risaralda and Quindío local authorities, who do not implement departments, in the coffee region, national action points; as well as the lack saying the fact that the government of human resources and the numerous has not decentralized enough financial administrative changes that prevent and human resources, as well as public officials from acquiring relevant scarce institutional coordination, has skills with regard to the inclusion of civil triggered this absence of operational society in policy-making. These instruments of participatory 14 The International Forum for Victims is a democracy, purportedly directed communication, coordination and participatory action mechanism, created by victims of the towards enhancing the civil population’s armed conflict who live outside of Colombia, engagement in shaping return policies, with the purpose of collecting reflections and are inoperative and do not foster proposals from civil society regarding peace issues. participatory governance on return. 92 ACADEMIC SECTION OxMo Vol. 8, No. 2 In fact, this lack of governance reflects of economic development, ignoring the absence of a comprehensive return the most vulnerable ones. policy. In spite of the ratification of a few sporadic laws, there is no holistic vision for return migration in Colombia. The marginalization of victims abroad in Although substantial advances have the return process been made as a result of the Return Law and the tax incentives it offered The exclusion of victims in the to enhance the return of Colombian return policymaking process is evident citizens,15 it is characterised by its by the marginalization of victims in restrictive conception of the migration relevant policies. First, the restrictive issue (Bedoya 2014). Moreover, although definition of a victim, apart from it recognises the existence of four different limiting the participation of many in the types of returnees, its focus on the policymaking process, also excludes economic significance their return could many de facto victims abroad from the represent leaves aside the protection of possibility of benefiting from return their rights (AESCO 2012). According to programs (Fuentes-Becerra y Atehortúa- Muñoz, Mejía y Castro (2012: 11), ‘return Arredondo 2015). Duarte and Aliaga public policies only offer a clear picture (2018), though they do not deny the to those who return with good resources significant impact of the Victims Law, and financial capital’. point out its limitations regarding Certainly, the economic approach of reparations for victims abroad. In regard return policies in Colombia, combined to return, the information contained in with the lack of involvement of civil the Unit for the Victims Assistance and society actors whose expertise is Reparation (UARIV) specifies that only a vital element for its governance, people included in the Registro Único de have led to the development of a Víctimas (RUV), the registry for victims, legal framework that does not fully can benefit from an assistance to return guarantee the victims’ enjoyment of (UARIV 2019): their right to return. As a matter of fact, the government’s strategy on return Thus, when only referring to victims appears to be determined by a cost- of internal forced displacement in benefit analysis of the potentially lost its definition of forced displacement remittances generated by the returns (Art. 60), this law excludes of Colombians abroad and the gain in thousands of victims abroad who human capital (Mármora 2002). Hence, had to flee for multi-faceted and this neoclassic focus on migration, complex reasons that may not be particularly exposed by Massey et al. acknowledged as sufficient by the (1993) and that we can attribute to the definition of forced displacement Colombian approach to return, leads (Duarte and Aliaga 2018). to the exclusion of the return of victims abroad within the global return policies As for supportive return, UARIV and theorizing. For example, López registered 1.058 returns from 21 (2018b) criticises this perspective, which countries; in 2018, only 408 people only considers the migrant as a subject returned. It should be noted that a total of 12.222 victims requested inclusion in 15 In particular, as mentioned earlier, a tax the RUV from abroad (UARIV, personal reduction policy, as well as customs concessions communication, 29 March 2019), to the entry of goods acquired abroad, an affiliation to family compensation funds. In demonstrating how low the rate of return another context, tax incentives were notably is. In comparison, in February 2017, the used by the Malaysian government to target United Nations High Commissioner for high-skilled Malaysians abroad and incite them to return (World Bank 2016). Refugees (UNHCR) reported 340.000 93 ACADEMIC SECTION OxMo Vol. 8, No. 2 Colombians were refugees around the return policies adapted to returnee world, 95% of whom were located in needs, as there are limited data on the Latin America, demonstrating the issue gender, age, education level and labor of under-registration. skills of Colombian returnees, as well as On the other hand, the absence of a their host communities. policy that guarantees victims abroad a return in voluntary, decent and safe conditions has been highlighted. Towards a governance of return in The absence of a guarantee of such Colombia: ideas from the civil society conditions allows for the potential re- victimisation of these people upon Given the lack of inclusion of non- return. Hence, in spite of the signing of governmental stakeholders in the design the Peace Agreement, in several areas of and implementation of return policies, the country, armed groups and criminal several civil society organisations have bands are still perpetrating gross human issued alternatives for the development rights violations. Indeed, for many of a comprehensive return policy in victims abroad, it is meaningless to Colombia for the victims of the armed return if the unsafe conditions that led conflict who have left the national them to flee are still extant. According territory. This work has provided a to Duarte and Aliaga (2018), valuable input, whether it is by means of the drafting of numerous grievances, In Colombia, we cannot talk of or by concrete proposals aimed at a postconflict yet, well, even if improving return policies through an there has been a negotiated a incremented governance. peace agreement with the FARC- EP, there are other actors that are an important part of the armed Pleas for the creation of adequate conflict in Colombia and who are conditions for the return of victims still active (2018: 65). abroad Furthermore, the lack of comprehensive Despite the restricted participation assistance from the State has been of civil society organisations in formal fundamental to the failure of these forums, several civil society organisations programs, as the lack of institutional have advocated for different policies and support has impeded the socioeconomic rights for victims abroad. First, they have reintegration of the returnees. Likewise, advocated for the acknowledgement disregard for the heterogeneity of the of exile as a victimising fact by the returned population in Colombia and Colombian government, in order the scarcity of information in relation to allow a greater access for victims to the returnees’ socioeconomic abroad to return programs. Thus, characteristics, have made it difficult Consultoría para los Derechos Humanos to address the reality of return and y el Desplazamiento (CODHES 2017a)17 have caused inefficiencies in the return emphasises the need to extend victims’ process (López 2018b). There is only recognition to an extraterritorial one study in Colombia that exposed approach to foster the visibility of those the socioeconomic characteristics of Colombian return migrants in recent Esperanza Foundation and the Alma Mater years.16 Thus, it is difficult to design Network, a network of several public universities in Colombia, in 2009. 16 This study was realized by the District 17 CODHES is a non-profit organisation working Observatory on Migration of the Secretary in the area of human rights and international General of the Mayor of Bogotá office and the humanitarian law, with a focus on peace building Colombian Observatory on Migration of the processes and displaced populations. 94 ACADEMIC SECTION OxMo Vol. 8, No. 2 who live abroad. The Fifth International Indeed, the safety issue is prominent Forum for Victims held in Alicante, Spain in people’s minds when considering in December 2018, also pushed for the a potential return to Colombia, as acknowledgement of transboundary highlighted by an elderly man living in displacement as a victimising act. The Quito, Ecuador. He states that ‘the whole Commission on Forced Migrations, Exile subject of durable solutions is bound to and Reconciliation (2018: 3)18 stresses the the possibility of returning to Colombia. need to implement an ‘adequate structure If I want to come back to Colombia, I to guarantee victims abroad access to should be able to do it in complete attention, assistance and reparation safety’ (CNMH 2018: 216). However, the measures’. Finally, the Red de Víctimas sluggish implementation of the Peace Colombianas por la Paz Latinoamérica Agreement has not generated suitable y Caribe (REVICPAZ-LAC 2018)19 pleads conditions for their return so far, which for the automatic recognition as a victim can explain the fact that a significant for refugees who voluntarily request their part of the Colombian diaspora does inclusion in the RUV. not want to return to Colombia for The signing of the Peace Agreement now (REVICPAZ-LAC 2018). In addition, triggered the interest of many exiled the Truth, Memory and Reconciliation Colombians who associate their desire to Commission of Colombian women in return with its implementation (REVICPAZ- the diaspora (TMRC 2018)21 found that LAC 2018) which has so far been a major a main issue for returned women to claim from civil society stakeholders. Colombia has been to find themselves Indeed, due to the high-level of in unsafe situations due to their status vulnerability and uncertainty of numerous as women. victims abroad, guaranteeing decent and The idea of decent return also refers safe conditions is imperative to enhance to the need to provide returnees with their return. Through an investigation assistance to foster their socioeconomic on the possible return of Colombian reintegration in Colombia. In many citizens who live in Spain, América, cases, most of the victims abroad could España, Solidaridad y Cooperación not rely on the help from relatives in (AESCO 2016)20 showed that 80% of the their reintegration process, whether interviewed people who expressed their it is because they were also forced to willingness to return to Colombia in the flee their home or perished during the post-conflict context would be motivated conflict, or because they do not have the by safe return conditions. financial means to do so. In light of this, the Government of Colombia’s support is essential beyond the repatriation 18 The Commission on Forced Migrations, Exile and Reconciliation is a coordination mechanism process. Eighty percent of the families between civil society organisations and academic interviewed by REVICPAZ-LAC (2018) actors in Colombia and several countries of the stress that access to healthcare is a region, compound amongst other by CODHES vital component in the design of return and the International Forum for Victims. policies. Second to this is access to 19 REVICPAZ-LAC is an organisation that decent employment (78.4%), followed gathers victims’ groups in Latin America and the Caribbean, and unites victims who do not by the relocation of all the members of necessarily form a part of organisations. It is the household (68%), and the recognition a paramount civil society stakeholder, as it of studies completed abroad (58.4%). provides victims with an international forum of expression. Many returnees mentioned the absence of information around the 20 AESCO is a non-profit organisation whose purpose is to improve solidarity through existence of migration and return development cooperation projects between Europe and Latin America. It works particularly 21 TMRC is a Colombian-women-led organisation with vulnerable people and has developed created in London in 2014 working with several projects with migrant networks in Spain. Colombian women on migration and return. 95 ACADEMIC SECTION OxMo Vol. 8, No. 2 policies, which led to them returning in point 1.1.7 of the Peace Agreement, without any institutional support. Those land restitution is a sine qua non to allow who did receive assistance from the socioeconomic stabilisation of forced Colombian authorities highlighted the displaced people and promote their scarcity of support during the return return in decent conditions. process. In particular, they lacked attention for their reintegration, above all regarding access to education for Concrete proposals from civil society kids, healthcare, work and decent housing (REVICPAZ-LAC 2018). Women These several claims led different civil especially experienced great difficulties society actors - victims organisations, in finding a job adapted to their profile human rights organisations in particular when they came back, even though - to draft concrete proposals, aiming many returned with entrepreneurial to create conditions conducive to the ideas (TMRC 2018). return of victims abroad. The explicit Also, civil society has strongly incorporation of victims abroad in the requested coordination between return Peace Agreement is a significant step programs and Development Programs as it recognises forced displacement with a Territorial-Based Approach outside of the country and extends the (Planes de Desarrollo con Enfoque focus to an extraterritorial approach on Territorial – PDET) contained in the Peace victims. However, there are still legal Agreement. This is crucial to boost the gaps regarding the question of their inclusion of locals and returnees in equal return, and regarding reparations and conditions and essential in fostering political participation (CODHES 2017a). the reconstruction of the social fabric The limits of the Victims and Land and territorial peace (CODHES 2017a; Restitution Law in regard to victims REVICPAZ-LAC 2018). As pointed out abroad, formerly described, must be This image was taken during a theater piece organised by Colombian exiled women and refugees that took place in Barcelona, Spain on 2 and 3 November 2018. Isa Rubilar Parra, National Centre for Historical Memory 96 ACADEMIC SECTION OxMo Vol. 8, No. 2 overcome to enhance a global peace- the Victims and Land Restitution Law building process through reparations provides rules related to the reparation for these victims and guarantees of of victims abroad, CODHES (2017a: 17) non-repetition. In particular, CODHES describes them as a ‘precarious legal (2017a), as well as REVICPAZ-LAC (2018), development’. Hence, along with the have urged the Colombian government Jesuit Refugee Service (JRS 2018),22 to recognise exile as a victimising act. CODHES promotes the implementation In fact, CODHES (2017b) notably wrote of a transnational approach to reparation, a draft law proposal aimed to edit the first realised by the identification of Victims and Land Restitution Law to individual and collective reparations, and bring it in line with the Peace Agreement. by the implementation of public policies The main proposal is the inclusion of to foster the return and reintegration of a definition of the concept of victims victims abroad to Colombian society if abroad, absent this law, for the people they wish so (CODHES 2017a). On this who were forced to abandon their country subject, the International Network of in relation to, or because of, the armed Human Rights (INHR)23 recommends conflict. Moreover, it would introduce an the creation of a specific commission article that enshrines the right of these for the Colombian diaspora within the victims to a voluntary and assisted return Commission for the Clarification of Truth, in safe conditions and socioeconomic Coexistence and Non-repetition, with a sustainability. Then, if all the civil society differential focus, aimed at building a organizations urge the government to ‘historical memory on migration, refuge adopt a broader legal framework on and victims abroad as a reparation the return of victims abroad, particularly mechanism’ (INHR 2017: 8). Although regarding the acknowledgement of this last proposal seems particularly exile as a victimising act, CODHES has relevant in order to increase the visibility committed to rewrite the Victims and of victims abroad and to foster their Land Restitution Law. contribution to the peacebuilding Likewise, CODHES continues to process, it may be difficult to implement attempt to strengthen the involvement such a Commission in the next years, as of victims abroad, through the the peace processes has already been integration of delegates of Comités de launched and are currently experiencing Impulso de los Sujetos de Reparación significant difficulties moving forward. Colectiva (Impulse Committees on The organisation REVICPAZ-LAC Collective Reparation Subjects) within (2018) has been another important the Participatory Roundtables, who stakeholder in advocating for the would represent victimised ethnic need to improve the socioeconomic people, as well as victims abroad. reincorporation of returnees. First, it Indeed, citizenships restitution to the points out the need to design a specific victims abroad is an imperative condition program for voluntary, decent, and safe for them to get their rights back. As a return for refugees, asylum seekers, consequence, CODHES (2017a) pushes and victims abroad, characterised by for several reforms of the political system, an assistance to return that is not only including voting rights and means for economic but also psychosocial, the Colombians who have not returned, as creation of institutional routes to ease well as other measures provided in point the regularisation of relatives born two of the Peace Agreement concerning outside of Colombia, as well as access to political participation. The restitution of civil rights appears 22 The Jesuit Refugee Service is an international Catholic NGO working in the field of refugee to be a form of collective reparation assistance. for those victims living outside of 23 INHR is a non-profit organisation whose mission Colombia (CODHES 2017a). Though is the promotion and protection of human rights. 97 ACADEMIC SECTION OxMo Vol. 8, No. 2 healthcare, education and occupational it must coordinate return programs reintegration. REVICPAZ-LAC (2018) also that also provide special assistance, emphasises the need to improve degree attention and reparation mechanisms. and skills accreditation, accompaniment Assistance, monitoring, and evaluation and support for kids and teenagers of local integration processes are on local integration, and transfers of equally essential, especially for the pension contributions. As for women, socioeconomic stabilisation, security their access to labour opportunities must assurances and non-repetition of be facilitated through the construction the returnees’ forced displacement of professional networks to encourage (REVICPAZ-LAC 2018). Local governance their inclusion in the labour market is also key to better prepare societies (TMRC 2018). to receive returnees, considering On the extensive participation many times returnees are judged or of victims in decision-making, the welcomed based on political and International Forum for Victims has symbolic representations, something for been particularly active. Indeed, the which the work achieved by civil society International Forum for Victims advocated organisations in combatting xenophobia for the acknowledgement and deeper is crucial (REVICPAZ-LAC 2018). inclusion of victims’’organisations in the Last but not least, other key stakeholders, elaboration of return policies. In fact, such as IOM, UNHCR and states hosting according to REVICPAZ-LAC (2018), victims abroad also perform vital roles. UARIV has been averse to working with The formation of multiparty working civil society stakeholders based in host groups composed of these actors, as well countries of victims. Promoting operative as civil society organisations and victims participation of refugee’s associations abroad, are therefore necessary to enable and civil society organisations in host the execution and evaluation of return countries and in Colombia in all the programs and to promote voluntary steps of the policy-making process - return programs (REVICPAZ-LAC 2018). design, implementation, monitoring and However, as some organisations have evaluation - is paramount for considering argued, the diaspora and host countries the needs of victims (REVICPAZ-LAC should agree upon these return plans, 2018). Indeed, the experiences of the which should not make up a part of victim population is indispensable for a repatriation policy shaped by the the coordination of relevant actors European Union or other external actors in return programs, as well as for the (INHR 2017). identification of good practices, notably for future returnees. This claim emerges from victims abroad themselves, who Conclusion emphasise the need to create victim- led organisations, who understand the Policies aimed at fostering the return conflict and the reality of exile: ‘what we of victims abroad represent a major need are organisations that arise from issue Colombian authorities have to us, grassroots organisations made up deal with, despite it not being their by people who lived the conflict. We main priority in the last few years. are the ones who really know about Nevertheless, the issue is also critical that (Afrocolombian woman, exiled in for a multitude of other actors, including Ecuador)’ (CNMH 2018: 295). civil society stakeholders and victims Furthermore, the State must organisations, whose participation in guarantee resources for travel from host the design and implementation of those countries back to the country of origin, policies is of great importance. Through with priority given to the most vulnerable a comprehensive review of the legal people. In the case of victims abroad, framework of return in Colombia and 98 ACADEMIC SECTION OxMo Vol. 8, No. 2 of civil society organizations’ proposals of the political will from the Colombian on this matter, this article has aimed government, led to the continuation to show that, although there are legal of the conflict in several regions of the means that have been adopted to country, in which dissident armed actors, enable the governance of the return paramilitary groups, and drug traffickers of victims abroad to Colombia, in its have impeded the establishment of application, there has been a very decent and safe conditions for the return limited participation of civil society in of victims. decision-making. Nevertheless, the impact of civil To cope with the lack of participatory society on policymaking in the area governance in this area, concrete of return has been profound in some proposals made by these organisations, matters. The strengthening of the mainly based on the experience of governance of return of victims abroad is victims, have proven to be crucial in intimately linked to the long-term efforts promoting the implementation of return victims and human rights organisations policies for the victims abroad in safe and have been realising. Pressure from decent conditions. In particular, return the International Forum for Victims programs should not provide return to include the issue of victims abroad assistance that is only circumscribed to in the Peace Agreement, mentioned humanitarian aid for repatriation, but earlier, illustrates the advocacy capacity should rather be structured around two of these stakeholders, despite the other issues, according to Mármora typical reticence of the government to (2002): determining the reasons that implement their recommendations. led the migrant to flee his country and sIn sum, the involvement of exiled including mechanisms to foster his (her) citizens and civil society organisations reinsertion in his (her) home country. in policymaking on return migration is It is legitimate to question the necessary to consolidate peace and effectiveness of certain proposals in economic recovery in a post-conflict the current political context. Indeed, Colombia and is currently insufficient, the acknowledgement of exile as a if not altogether absent. In fact, ‘it victimising act, through an amendment to is clear that the success of mass Victims and Land Restitution Law, would repatriation is inextricably connected constitute a significant step forward for to the complex processes underpinning thousands of victims abroad. However, post-conflict reconstruction and vice the lack of commitment of the Colombian versa’ (Long 2010: 17). Thus, the return government towards this recognition of victims abroad and the construction makes it unlikely that the request will of sustainable peace in Colombia are be adopted, taking into consideration interrelated issues, as the return of that the validity of this legislation, the many victims depends on the existence Victims and Land Restitution Law, extends of decent and safe conditions for their only until 2021. Moreover, even if the repatriation, while at the same time, Colombian authorities were to amend their participation in peace processes is this law, the experience has proven so far imperative to the reconstruction of the that the laws implemented to foster the social fabric. Although the Colombian return of victims abroad had not trickled government seems to be applying a down onto the operational level; then, participatory governance approach to without a comprehensive adaptation of return policymaking, the implementation the policy on the ground, amending this of the existing legal framework the civil law would not actually change the current society claims analysed in the article situation. In addition, despite the signing show that the participatory aspect of the of the Peace Agreement, its limited governance of return remains, overall, implementation, largely due to the lack an illusory approach. 99 ACADEMIC SECTION OxMo Vol. 8, No. 2 ARDILA, M. (2009) ‘Actores no gubernamentales The authors y política exterior. A propósito del sector Paul De Ryck is a postgraduate student in Human académico y el diseño de la política exterior Rights and International Humanitarian Law at the migratoria colombiana’, Colombia Internacional National University of Colombia. He holds a MA 69: 108-123. in International Relations and Crisis Management BARBERO, I. (2012) ‘¿ Puede la gobernanza de from the Institute of Political Studies of Toulouse, las migraciones ser social ?’, Oñati Socio-Legal France. His research interests are forced Series, 2(4): 175-195. Available from: Bibliography COMMISSION ON FORCED MIGRATIONS, ALIAGA, F., URIBE MENDOZA, C., BALLÉN EXILE AND RECONCILIATION (2018), VELÁSQUEZ, D., BLANCO GARCIA, J. E., Declaración Colombia en el Pacto Global ROBAYO CANTE, I. A. y CASTRO, A. (2019) de Personas Migrantes y El Pacto Global de ‘Una innecesaria tipología para la migración de Personas Refugiadas. retorno, Análisis socio-jurídico de la Ley para el retorno de los colombianos en el exterior’, CONSTITUTIONAL COURT (2010) Judgment Revista Austral de Ciencias Sociales 36: 213-230. Auto 383-2010. AGUILAR, L-F. (2006) Gobernanza y gestión CONSULTORÍA PARA LOS DERECHOS pública, México, Fondo de Cultura Económica. HUMANOS Y EL DESPLAZAMIENTO (2017a) Víctimas en el exterior, población exiliada y AMÉRICA, ESPAÑA, SOLIDARIDAD Y refugiada: garantías para los derechos en el COOPERACIÓN (2016) Volver a Colombia? marco de la implementación del Acuerdo de Caracterización del colectivo colombiano para Paz entre el gobierno de Colombia y las FARC- el retorno en situación de posconflicto, Madrid, EP - Papeles para la Incidencia No. 10, Bogotá, AESCO. CODHES. ___ (2012). ¿Tiene Colombia una Política pública CONSULTORÍA PARA LOS DERECHOS migratoria? Colombia: AESCO. HUMANOS Y EL DESPLAZAMIENTO (2017b) Propuesta de proyecto de Ley por medio del cual se introducen modificaciones a la Ley 1448 100 ACADEMIC SECTION OxMo Vol. 8, No. 2 de 2011 con el fin de adecuarla al Acuerdo Final GOVERNMENT OF COLOMBIA (2011) Law de paz de noviembre de 2016 - Papeles para la 1465 of 2011. Por la cual se crea el Sistema Incidencia No. 9, Bogotá, CODHES. Nacional de Migraciones y se expiden normas para la protección de los colombianos en el DÍEZ JIMÉNEZ, A. (2014) ‘El estudio de la exterior. migración internacional de retorno en Colombia. Una revisión bibliográfica sobre el estado actual’ GOVERNMENT OF COLOMBIA (2012) Law (online), Amauta 11 (24): 23-39. Available from: 1565 of 2012. Por medio de la cual se dictan FUENTES-BECERRA, D. and ATEHORTÚA- ___ (2018b) ‘Gestión de la migración de ARREDONDO, C. (2015) ‘Sobre el sujeto- retorno en Colombia a partir de la Política víctima: configuraciones de una ciudadanía Integral Migratoria’, 65-82 in Wagbou, M. 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Available from: OFFICE OF THE HIGH COMMISSIONER FOR PEACE (2016) Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace. Available from: 102 Regionalisation Versus Securitisation: The Pending Fate of the Refugee Protection Regime in Central America Brianna Gómez Castro This article contributes to the growing literature on forced displacement in the Americas, specifically with respect to Central America’s 20th and 21st century migration crises. It investigates Central America’s formal entry into the international refugee protection regime, and its subsequent acceptance of regionalism as a preferred method for addressing issues of forced displacement. The article then scrutinises the effectiveness of regionalisation for securing human rights in light of a prevalent competing trend: securitisation of migration. To highlight these competing dynamics, it closely examines the case of Mexico—an important regional geopolitical actor to Central America— drawing from primary data collected through an expert interview to support the analysis. The juxtaposition of these two theoretical frameworks allows for a unique inquiry on the future of forced displacement in Central America; it aims to inspire future research and policy initiatives that are invested in bringing lasting peace and stability to the region. Introduction its distinct journey in becoming an area of the world with one of the highest The following discussion engages with concentrations of forcibly displaced the particularities of forced displacement persons (Cantor 2016: 89). There is in the Americas, a regional bloc, which, in laudable research that documents the forced migration studies, is insufficiently causality between the rise of crime and researched, with the exception being weak governance in the region with the in relation to migration to and from the increase of forced displacement (Cantor United States. This is paradoxically so, 2014; Jimenez 2016). However, there considering its proud and extensive appears to be a considerable gap in the tradition with the institution of asylum literature that analyses Central America’s from which many lessons can be drawn unified response for addressing these (Kron 2011; Harley 2014; Cantor et al. migration trends. Accordingly, this 2015). Even still, taking the American article explores Central America’s continent as a unit of study for forced implementation of a regional refugee displacement understates the vast protection regime as a cooperative complexity of migration patterns, approach and solution to forced policies, and laws in the countries that displacement. comprise it. The difference in social Scholars, such as Mathew and Harley demographics, institutional governance, (2016) and Barichello (2015), have and geographical attributes and/or studied the effects of regionalising burdens — to name a few variables— are refugee protection to highlight the intersectional factors that deeply define various challenges and successes to the dynamics of forced displacement in be expected. The former broadly each sub-region, namely North, South, analyse the theoretical underpinnings and Central America. of regionalisation and briefly touch on a Noting these sub-regions’ complex particular Central American initiative as histories with forced displacement, a case study; given the expansive nature this article specifically investigates of their research, they are unable to Central America — comprised of Belize, investigate Central America’s continued Guatemala, El Salvador, Honduras, experience with regionalism. The latter Nicaragua, Costa Rica, Panama — and dutifully examines and delineates 103 ACADEMIC SECTION OxMo Vol. 8, No. 2 regionalism’s development within the of relevant primary and secondary Latin American context, but neglects sources published in both English and to pay significant attention to the Spanish. Importantly, due to the hyper- increasingly pivotal role played by the contemporary nature of the third section, isthmus countries. As such, this article many online newspaper publications and draws on and contributes to the existing press releases from relevant agencies literature by analysing Central America’s were used. The analysis in this section experience with forced displacement is also supported by data collected from and providing analysis to contemporary an expert interview. Considering the au developments towards regionalisation of courant nature of this article, it should be the refugee protection regime. Moreover, noted that research is limited to events the research scrutinises the effectiveness that have occurred by mid-August 2019. of regionalisation for securing human Forced displacement in Central America rights in light of a prevalent competing is an ever-changing landscape that is trend: securitisation of migration. The nearly impossible to keep up with, and juxtaposition of these two theoretical so, noteworthy developments may not be frameworks allows for a unique inquiry covered. Bearing this in mind, this research on the future of forced displacement in is produced with a critical and open-ended Central America; it aims to inspire future approach so as to appropriately assess the research and policy initiatives that are future of the refugee protection regime in invested in bringing lasting peace and Central America. stability to the region. The first section of this article provides background on Central America’s A history of forced displacement in history with forced displacement Central America and the development to demonstrate the conditions that of a regional refugee protection prompted these countries to formally regime join the international refugee protection regime. It explores their development The overarching theme in this article, of a regionalist approach and analyses regionalism, refers to the pursuit of multiple declarations and agreements common goals among a group of adopted over the course of thirty years. states that are close geographically, The second section focuses on the share identifiable patterns of behaviour, most recent regional document and and co-exist in an imagined sense of its operational counterpart –the 2017 community (Fawcett 2004). Utilising this San Pedro Sula Declaration and the broader definition will allow us to analyse Comprehensive Regional Protection the partnership and collaboration that and Solutions Framework (MIRPS in has developed beyond the geopolitically its Spanish acronym), respectively—to established region of Central America, investigate Central America’s efforts in particular with Mexico. to mitigate their current refugee crisis. Scholars have examined the The third section then delves into the consequences of regionalising refugee securitisation of migration – drawing protection regimes to find that it is particularly from the case of Mexico – in a positive, constructive approach for order to elucidate the reasons for which facilitating the application of universal it jeopardises an effective regional International Refugee Law (IRL) and refugee protection regime in Central International Human Rights Law (IHRL) America, and consequently undermines principles in a specific context, and the human rights of forcibly displaced prioritising responsibility-sharing persons. among the states in question. Shuck The research for this article (1997) argues that it can be a positive primarily draws from a desk review initiative because it encourages a 104 ACADEMIC SECTION OxMo Vol. 8, No. 2 tradition of regional responsibility for region gave way to rampant human displacement concerns and leads to rights violations from governments, more appropriate solutions that reflect paramilitary groups, and rebel groups; the interests and values that regions tend lack of proper governance and a to share. Commenting on the critical suppressed society led to increased responsibility-sharing component, levels of poverty across the entirety of Hathaway and Neves (1997: 169) argue the region. As a result, an overwhelming that it ‘not only makes practical sense number of Central Americans found the as a means to combat the withdrawal of living conditions impossible, leading states from the duty to protect refugees, to staggering numbers of forced but is consistent with general norms of displacement. By the early 1990’s, more international law’. than three million Central Americans Recently, in their book Refugees, were displaced within their own country Regionalism and Responsibility, Mathew — referred to as Internally Displaced and Harley (2016) build on the existing Persons (IDPs) — or forced across an literature and analyse five different international border, becoming refugees regional mechanisms to assess the merits (Garcia 2006). There may have once of regionalism. Whilst they acknowledge been a strong migratory tradition in the potentially adverse effects cautioned Central America, but the region proved by a few scholars (Gibney 2007) they fundamentally ‘ill prepared to deal find that ultimately such regional with the refugee crisis of 1974 to 1996’ initiatives can enhance the refugee (Garcia 2006: 31). protection regime ‘if they address the Noting the need for appropriate specific needs of refugees in the region, legislation and response mechanisms, foster greater attention to these needs Central American countries gradually from states, and are developed in acceded to the 1951 Convention Relating accordance with international human to the Status of Refugees (hereafter, rights standards’ (Mathew and Harley Refugee Convention) from the 1980’s 2016:16). Conversant with Mathew onwards, formally marking their entry and Harley’s findings, the succeeding into the international refugee protection paragraphs will take the view that regime. Unfortunately, however, the regionalism is a useful approach for Refugee Convention definition1 did addressing forced displacement, and not extend protections to most Central will investigate Central America’s Americans because they were fleeing experience in developing its refugee generalised violence rather than explicit protection regime. persecution. These individuals were Migration has long been an often referred to as ‘non-convention encouraged part of the socioeconomic refugees’ to note their ambiguous identity of Central America due to position within the international refugee the existence of shared cultures and protection regime. Starting in the early traditions that were not easily confined 1980’s, UNHCR recognised that the by borders (Garcia 2006). However, Refugee Convention definition was too these common and accepted migration restrictive and consequently took the patterns saw a major shift in the late position that countries receiving Central 20th century, primarily from the 1970’s onward. In her book Seeking Refuge, 1 Defined as persons who ‘owing to well-founded Garcia (2006) outlines how this is a fear of being persecuted for reasons of race, direct result of interlinked civil conflicts religion, nationality, membership of a particular social group or political opinion, is outside the occurring simultaneously in Nicaragua country of his nationality and is unable or, owing (1979-1990), Guatemala (1960-1996), to such fear, is unwilling to avail himself of the and El Salvador (1980-1992). High protection of that country; or who, not having a nationality and being outside the country of his levels of instability and insecurity in the former habitual residence as a result. 105 ACADEMIC SECTION OxMo Vol. 8, No. 2 American refugees should be generous Cartagena Declaration represents ‘a part when assessing merits for protection. of a trend towards harmonisation and For example, in 1981 UNHCR increasing protection and humanitarian recommended that all Salvadorans who assistance for victims of armed conflict had left their country since 1980 should and human rights abuses. be considered prima facie2 refugees Acceding to the Refugee Convention because they fled due to political and creating a supplemental regional events and were likely to suffer if forced document were important steps for to return home (Garcia 2006). creating a regional refugee protection Central American countries, alongside regime. Moreover, a regional approach other Latin American countries, heeded was finally viable in Central America UNHCR’s plea for more expansive because the conflicts in El Salvador, protection of refugees; on 22 November Guatemala, and Nicaragua were coming 1984 they adopted the Cartagena to a close. In August 1987, heads of state Declaration on Refugees (Cartagena from Costa Rica, El Salvador, Guatemala, Declaration). The Cartagena Declaration Nicaragua, and Honduras gathered to retains the minimum standards of the sign the Esquipulas II Peace Accords; the Refugee Convention, but amends the accords addressed ten major issue areas, definition to appropriately address including protection and assistance to forced displacement in Latin America. forcibly displaced persons (Article 8). Accordingly, it defines refugees as Evidently, stakeholders in the peace ‘persons who have fled their country process understood enhancement of because their lives, safety, or liberty the refugee protection regime to be a have been threatened by generalised critical component of peace, security, violence, foreign aggression, internal and development in the region. It is conflicts, massive violations of human within this context that in 1989, UNHCR rights, or other circumstances which and the Organization of American have seriously disturbed public order’ States (OAS) held the International (para 27). The Cartagena Declaration is Conference on Central American not a legally binding document, however Refugees (Conferencia Internacional many Central American countries have Sobre los Refugiados Centroamericanos, incorporated it into their national laws CIREFCA) to provide a platform for relating to refugee protection.3 addressing forced displacement in the Importantly, the Cartagena isthmus (Pacheco and Sarti 1991). Declaration not only allows for more At CIREFCA, the five aforementioned expansive protection of ‘non-convention countries, Mexico, and Belize, convened refugees’ in Central America, but it also to discuss refugee rights, repatriation fundamentally represents the beginnings and integration, assistance for IDPs, and of a regionalist approach for addressing other issues of concern. Importantly, the refugee crisis. By drawing on the CIREFCA was much more than a one-time shared experiences and tailoring the conference with pledged commitments; document to reflect the local realities it was a Comprehensive Plan of Action of forced displacement, these countries (CPA) that supported a wider regional endorsed that regional cooperation political process that would run until could be the best way forward. As 1995 as an integral part of the peace Barichello (2015: 197) comments, the process and post conflict reconstruction (Betts 2009b). Furthermore, CIREFCA 2 Prima facie group determinations are enhanced the international protection recommended (or issued) by UNHCR in norms in the region by encouraging emergencies where the high number of refugees makes individual determinations impossible. and assisting states to draft new and improved legal standards and 3 Belize, El Salvador, Guatemala, Honduras, and Nicaragua (see Harley 2014). promoting the adoption of measures to 106 ACADEMIC SECTION OxMo Vol. 8, No. 2 regularise the situation of refugees and protection regime; they demonstrate a returnees. Noting the positive impact strong regional commitment to assume of the regional initiative, Betts (2009a: state responsibility for protecting those 92) argues that CIREFCA ‘represents forcibly displaced and afford them the the single most successful example full spectrum of fundamental human of UNHCR-facilitated international rights. Moreover, they overwhelmingly cooperation in the recent history of the prioritise the contemporary refugee crisis global refugee regime’. that has already displaced thousands of Before the CIREFCA process officially Central Americans, specifically those ended, Central American countries living in the Northern Triangle (El (alongside other Latin American Salvador, Honduras, Guatemala). countries) gathered on 7 December 1994 to sign the San Jose Declaration on Refugees and Displaced Persons Addressing contemporary forced (San Jose Declaration). This was part of displacement an initiative to re-evaluate and revise the scope of protection for forcibly displaced Throughout the last decade, persons in Latin America, and to reiterate increasingly high levels of chronic the importance of the Cartagena violence and insecurity have affected Declaration (Barichello 2015). The next Central America. This is due to a significant step in regional cooperation confluence of factors that go beyond occurred on 16 November 2004, when the scope of this article; however, it is Latin American countries adopted the sufficient to say that these factors include Mexico Declaration and Plan of Action to organised crime (drug cartels and urban Strengthen the International Protection gangs), high levels of poverty, and of Refugees in Latin America (Mexico government corruption. As a result, high Plan of Action, MPA). The MPA was more levels of violence and instability have operational than the San Jose Declaration unsurprisingly had a direct correlation because it detailed concrete steps to with increased forced displacement in address the main challenges of forced the region (Medrano 2017; Cantor and displacement. For example, it introduced Plewa 2017). three projects to be implemented across Figure 1 demonstrates the general participating states: Cities of Solidarity, upward trend of cross-border forced Borders of Solidarity, and Resettlement displacement since 2014. In particular, in Solidarity (Harley 2014). Furthermore, the Northern Triangle countries have since its adoption, the MPA has facilitated seen the most impact, with their figures the development of new legislation on climbing substantially each year; the refugee protection in Central America, number of asylum seekers grew by specifically in Nicaragua (2008), Costa Rica over 20% in 2018 alone. According (2010), and Mexico (2011) (Harley 2014). to UNHCR, an overwhelming amount Noting the success of aforementioned of these asylum claims are filed in the agreements, in the last decade the US. Applicants from Central America isthmus countries have come together and Mexico made up 54% of all asylum to formulate three new instruments that applications in the US in 2018, with El enhance and strengthen the protections Salvador as the most common nationality afforded to forcibly displaced persons. of origin at 33,400 claims (UNHCR, They adopted the Brazil Declaration 2019e: 42). (2014), the San Jose Action Statement UNHCR statistics also show that (2016), and most recently, the San Pedro Central America has seen an increase Sula Declaration (2017). These documents of refugees and asylum seekers within build on each other and seek to identify the region. As of December 2018, there important gaps in the regional refugee were approximately 73,500 refugees 107 ACADEMIC SECTION OxMo Vol. 8, No. 2 and asylum seekers (climbing from 57,000 2019d: 9). This number is expected to in 2017) (UNHCR 2019d: 7). Moreover, increase significantly in 2019 due to IDPs increased to 350,000, with Honduras recent political turmoil in Nicaragua and contributing nearly half of that number. the spiralling economic and political crisis There are also 116,000 ‘other people of in Venezuela; UNHCR estimates that there concern’ to UNHCR, bringing the grand will be 20,000 to 25,000 new asylum total of individuals with protection needs seekers from Nicaragua and 10,000 from in Central America to 539,500 (UNHCR, Venezuela (UNHCR 2019d: 8). Refugees Asylum seekers* Country of Origin 2014 2015 2016 2017 2018 2014 2015 2016 2017 2018 Belize 45 51 57 59 63 841 98 160 207 217 Guatemala 7,483 10,284 12,554 16,278 19,113 15,807 26,954 46,227 72,711 86,864 Honduras 4,159 6,851 10,508 14,412 18,827 10,147 19,455 35,203 59,777 76,514 El Salvador 10,965 14,778 19,621 25,873 32,543 18,307 31,454 62,167 104,896 119,257 Nicaragua 1,587 1,476 1,419 1,467 1,661 727 1,248 2,126 2,719 32,256 Costa Rica 417 379 208 190 197 127 218 308 486 535 Panama 89 69 40 31 34 30 56 84 111 136 Table 1. This table shows the number of refugees and asylum seekers originating from Central America who are displaced globally. These numbers were compiled from a UNHCR open source database on population statistics. The 2018 numbers are subject to minor changes, as they have not yet been published in formal reports (UNHCR 2019a). * Per UNHCR data collection, this group includes persons whose application for asylum or refugee status is pending at any stage in the asylum process. Evidently, the forced displacement moment for regionalised responses to context in Central America over the forced displacement, the six countries last decade has been nothing short of agreed to work together to implement complex. Every country in the region is a regional Comprehensive Refugee affected one way or another as either a Response Framework (CRRF) (UNHCR place of origin, transit, asylum, and or 2019b). The CRRF is an initiative that return; more often than not, a country comes directly from the 2016 New York can be all of these things at once, Declaration for Refugees and Migrants further complicating the protection and (New York Declaration) and that is an assistance space for forcibly displaced integral part of the Global Compact on persons. Considering this reality, Central Refugees (2018). The regional CRRF American countries proactively decided adopted through the San Pedro Sula to enhance their regionalised response Declaration is called the Comprehensive for addressing forced displacement. Regional Protection and Solutions Building on the above-mentioned Framework (MIRPS in its Spanish regional cooperation and responsibility- acronym). It provides a platform for sharing mechanisms, six states –Belize, addressing national displacement issues Costa Rica, Guatemala, Honduras, while also facilitating a comprehensive Mexico, and Panama—came together regional response for displacement on 26 October 2017 to adopt the San concerns that is based on responsibility- Pedro Sula Declaration. In a historic sharing and solidarity. 108 ACADEMIC SECTION OxMo Vol. 8, No. 2 It is important to briefly reflect on the protection regime in Central America. countries participating and endorsing El Salvador’s decision in particular the MIRPS. Central America’s brand of raises red flags considering that it is regionalism is such that partnership the highest refugee producing country and collaboration with neighbouring in the region and has over 70,000 states is welcomed, and even necessary. IDPs (UNHCR 2019d: 9). Similarly, Although Mexico is not a Central Nicaragua’s expected rise in asylum American country, its inclusion was seekers foreshadows a pressing need imperative because of the high number for the country to prioritise cooperative of forcibly displaced persons that either measures for addressing displacement. transit through or claim asylum in the It has been nearly two years since five country. Moreover, noting Mexico’s Central American states and Mexico extensive participations in previous agreed to implement the MIRPS, and regional efforts, it was a logical and in this short time span there have been pragmatic decision. Consequently, a significant developments to improve regional response that did not include a refugee protection at a national level, strong commitment from Mexico would while also participating in strategic have been considerably less effective, partnerships at the regional level. A seeing as involvement from all relevant report completed by UNHCR (2018b), geopolitical actors is crucial. Two Year Progress Assessment of It is also noteworthy that the United the CRRF Approach: September States was present for the signing 2016-September 2018 (hereafter Two of the San Pedro Sula Declaration; Year Progress Assessment), provides according to a representative of a valuable insight on progress made by US based human rights NGO, the US the MIRPS countries, as part of broader outlined on-going efforts to address CRRF initiatives. The report centres its root causes of displacement in analysis on the completion of the CRRF’s Central America (by means of foreign four key objectives: ease the pressure assistance), asserted a commitment on host countries and communities; to resettlement, and reaffirmed its enhance refugee self-reliance; expand support for developing strong asylum third-country solutions; and support systems in the region (Acer 2017). conditions in countries of origin for return From a regionalist perspective, the US’ in safety and dignity (UNHCR 2019b). participation is welcomed because as Overall, the Two Year Assessment’s explained above, an effective regional critique of MIRPS is optimistic, not response is best ensured when the full just about the progress to date, but range of geopolitical actors are involved. also about the potential of a regional In this instance, the US exerts significant approach to strengthen protection and geopolitical influence over Central assistance for refugees, asylum seekers, America because it is financially invested IDPs, and other displaced persons of in security and development projects. It concern. The MIRPS demonstrates the also receives a high number of Central benefits of a multilateral approach to American refugees and is controversially forced displacement and reaffirms the interested in stemming the flow of their importance of supporting –through arrival (Long 2019). financial and technical resources, and It is also relevant to highlight that responsibility-sharing mechanisms— there are two Central American refugee-hosting countries (UNHCR countries that are not implementing the 2018b: 59). Moreover, the MIRPS (like MIRPS: El Salvador and Nicaragua. Lack CIREFCA) embodies the aims of a wider of participation from these countries political agenda. It is nested within a is concerning as it jeopardises a truly regional peacebuilding initiative that regional response to the refugee sees solutions to forced displacement as 109 ACADEMIC SECTION OxMo Vol. 8, No. 2 an integral part of security and stability (e.g. Nicaragua and Venezuela), and in Central America. drastic policy changes in neighbouring Along with the Two Year Progress countries that have direct impacts on Assessment, UNHCR (2018a) produced forcibly displaced Central Americans. a case study, The MIRPS: A Regional The second issue area, ‘a volatile Integrative Response to Forced regional displacement context’, is Displacement. Ostensibly, the case arguably the most pressing concern when study reflects a positive disposition for evaluating the MIRPS future successes. regional cooperation. However, it is also Perhaps stand alone, pressure from new candid about considerable challenges to crises and policy changes would not be be expected—something that the Two damming enough to put to question Year Assessment fails to appropriately the longevity of a regional refugee elaborate on. For example, the case study protection regime. However, these have elucidates that there are two significant unfortunately become compounding compounding issue areas: 1) ‘challenges factors that led migration in the Americas to institutionalisation’, and 2) ‘a volatile to become securitised. The succeeding regional displacement context’ (UNHCR section will thus analyse how securitisation 2018a: 15). The former includes funding fundamentally jeopardises effective refugee difficulties and retaining commitments protection and responsibility-sharing in during changing political cycles. The Central America, both of which are at the latter includes pressure on the refugee core of a comprehensive regional approach. protection space due to new crises Migrants from El Salvador cross the Rio Grande in Piedras Negras, Mexico with hopes of entering the United States. Meneghini 2019 110 ACADEMIC SECTION OxMo Vol. 8, No. 2 Securitisation as a challenge for has only continued to increase, most regionalisation notably following the migrant caravan of November 2018 (Cuffe 2018). Securitisation of migration in the Sandoval Garcia (2017) explains Americas that securitisation of migration, in the context of the Americas, has meant Almost all relevant state actors either that illicit substances, terrorism, and adopted the San Pedro Sula Declaration migration are now represented as a and the MIRPS, or endorsed it and single threat when governments are offered support. However, despite these conducting or speaking about border commitments to regional solutions, control activities. As a result, individuals the competing trend of securitisation migrating because they were forcibly threatens these efforts. Securitisation is displaced are also seen as threats to when an issue becomes a designated security, rather than as recipients of security concern because it is presented international protection. Segura Mena as ‘posing an existential threat to a (2016), provides an argument that is designated referent object’ (Buzan et in discussion with Sandoval Garcia, al.1998: 21). Traditionally, the referent however, she goes a step further to object in question is the state, and the link the securitisation of migration to special nature of the threat legitimises a US geopolitical strategy of political, extraordinary measures to safeguard economic, and military control over national security. Security is a vague the Central American region. Segura term void of legal meaning and is thus Mena specifically analyses the Regional ‘slippery and contested’, providing Conference on Migration, an ongoing states with a wide margin of discretion inter-state cooperation mechanism when establishing their national security since 1996, and posits that it represents agenda (Zedner 2003: 153). As a result, a decisive moment in the institutional a lack of agreed standards on national arrangement of a new regional migration security, or security for that matter, regime, dominated by the migration- creates a legal vacuum that states can security nexus, and characterised by use to their advantage. its multilaterisation efforts and by the Over the last few decades, migration criminalisation of cross-border mobility has become a securitised issue, under irregular conditions (2016: 108). resulting in devastating consequences She notes that one of the most significant for the rights and protections of forcibly consequences of this US geopolitical displaced persons. Unfortunately, strategy is the active participation of securitisation of migration is at the Mexico in the fight against southern forefront of current US foreign policy migratory flows. and is subsequently shrinking the A study done by Arriola Vega (2017) on protection space offered by the regional Mexico’s southern border programmes refugee protection regime in Central corroborates Segura Mena’s thesis. He America. A contemporary example is concludes that ‘Mexico has gradually the current US president’s tendency to played the role of a “migration manager” criminalise, demonise, and effectively for the United States under a securitised dehumanise migrants arriving to the US lens. The southern border has become southern border. His comments about the main barrier to migration flows ridding the ‘bad hombres’ from the US bound for the United States…’(Arriola may have seemed trivial at the time, Vega 2017: 6). In 2001 Mexico adopted but his continued securitised rhetoric the Plan Sur that heightened migratory has resulted in a series of direct assaults controls at its southern border with on US immigration law, IRL, and IHRL the purpose of hindering Central (Pierce and Selee 2017). This rhetoric American migration; since then, Mexico 111 ACADEMIC SECTION OxMo Vol. 8, No. 2 has continuously increased its border economic and political dependence on security, most recently through the 2014 the US, has led to its immigration policy Plan Frontera Sur. By pressing Mexico revolving around the needs and whims to enhance its southern border controls, of its neighbouring country (Sandoval the US is effectively implementing a Garcia 2017). This is evidenced by the policy of ‘externalisation of migration increased deportations mentioned controls’ that serves to expand and above, and by more recent developments fuel the securitisation of migration. that will be further explored below. These externalisation strategies prevent Notwithstanding, Mexico has migrants, including forcibly displaced continuously affirmed its commitment persons, from reaching the territories to a regional refugee protection regime, or legal jurisdictions of destination most recently exhibited by its direct states (Frelick et al. 2016). This is involvement in the MIRPS. Mexico’s highly problematic because states are unique position in relation to both the implicating themselves in violations US and Central America makes for an of the principle of non-refoulement4 interesting investigation on the viability (directly or indirectly). Regrettably, of an effective regional response through such strategies, states are to forced displacement in light of placing emphasis on national security to securitisation. the detriment of the rights of migrants, although arguably, national security can be achieved by the advancement A case study: Looking in depth at of human security (Jaskulowski 2017). Mexico’s relationship with securitisation Regardless of its morality or legality, the securitisation of migration has Mexico is a particularly important been fruitful for the US; between 2014 MIRPS country because it holds the and 2017, Mexico has deported more Pro Tempore Presidency as of February migrants from the Northern Triangle 2019. In this role Mexico coordinates than the US (Flores et al. 2019). joint efforts between MIRPS countries The discussion above conveys that and other stakeholders to promote the the securitisation of migration in the development of enhanced national Americas, driven and propelled by and regional policy towards forced the US, is undoubtedly a significant displacement (ACNUR 2019). In April challenge to the development of an 2019, Mexico published a report that effective protection framework for details the Pro Tempore Presidency’s refugees, asylum seekers, and IDPs priorities until December 2019. The in Central America. A particularly priorities include ‘strengthening the problematic aspect of the regionalisation regional and national dynamic in the vs. securitisation dilemma is that Mexico promotion of shared responsibility is caught in the middle. The geopolitical among countries of origin, transit and position of Mexico, with serious destination (...) based on the principle that all people, in spite of their situation, are rights holders’ (SEGOB and COMAR 4 Art. 33(1) of the Refugee Convention states that ‘No contracting state shall expel or return 2019: 1, emphasis added). (‘refouler’) a refugee in any manner whatsoever Quite contrastingly, around the to the frontiers of territories where his life or same time that Mexico reinvigorated freedom would be threatened on account of its commitment to the MIRPS, it also his race, religion, nationality, membership of a particular social group or political opinion’. There endorsed highly controversial asylum is a more expansive definition in the Cartagena policies for newly arrived Central Declaration, which includes ‘prohibition of Americans. In a coordinated effort with rejection at the frontier’, and acknowledges the principle as a jus cogens norm (art 3[5]). the US, Mexico agreed to implement the Migrant Protection Protocols (MPP) 112 ACADEMIC SECTION OxMo Vol. 8, No. 2 also referred to as the ‘Remain in system, it is reasonable to expect that Mexico Policy’. The MPP stipulates that this upward trend will continue; as of migrants, including asylum seekers, March 2019 nearly 13,000 people have who enter or seek admission to the US applied for asylum. If Mexico is thus from Mexico illegally or without proper pushed to attain responsibility for an identification, are returned to Mexico increasing amount of asylum seekers, it while their immigration proceedings are should only be expected to do so after underway (Department of Homeland receiving the appropriate financial and Security 2019). technical support to enhance relevant The US is highly criticised for this policy legal infrastructure and social services. because it is in violation of domestic The Mexican Commission for Refugee immigration law, IRL, and IHRL. The Assistance (Comision Mexicana de MPP overrides the requirement to have Ayuda a Refugiados, COMAR) and the Mexico officially designated as a ‘safe National Migration Institute (Instituto third country’5 before returning refugees Nacional de Migracion, INM) already and asylum seekers from US territory, and experience capacity issues because they also arguably violates the principle of are understaffed and underfunded. In non-refoulement by returning individuals fact, the head of COMAR affirmed that with protection claims to a country that the agency needed six times its current cannot guarantee their safety (Borger resources to effectively respond to 2019; Gzeh 2019). Mexico’s acceptance the asylum requests (Meyer 2019). As of the MPP is disconcerting considering Mathew and Harley (2016:199) elucidate that the US has a history of attempting when outlining potential challenges of to make Mexico a ‘safe third country’, responsibility-sharing in regionalisation while Mexico has continuously resisted efforts, adequate resources are this designation (Solomon 2019). Civil ‘necessary to guarantee that the society groups in the US challenged the international protection of refugees is legality of the MPP in the courts, but it enhanced and not diminished and to appears that individuals are still returned ensure that states share rather than shift to Mexico (ACLU 2019). As of 24 June the responsibility to protect refugees’ 2019, 15,079 people, mostly from the (emphasis added). Northern Triangle, were returned to To better understand the devastating the border cities of Juárez, Tijuana, and consequences of the MPP, I travelled Mexicali under the MPP (Human Rights to Tijuana, B.C., Mexico in early June Watch 2019). 2019 to conduct an interview with Mr. Consequently, the MPP is Guerra, a staff member of Catholic Legal discouraging migrants from seeking Immigration Network Inc. (CLINIC) and asylum in the US and is shifting a consultant for Al Otro Lado (their responsibility onto Mexico. Even before partner organisation). Al Otro Lado is a the MPP, Mexico reported an increase bi-national, direct legal services NGO in asylum applications; the number of that has worked with migrants, asylum asylum claims rose from 14,596 in 2017 seekers, and refugees in the southern to 29,625 in 2018, marking a 103% US border zone since 2012 (Al Otro increase (UNHCR 2019g). Seeing as the Lado 2019). Mr. Guerra has coordinated MPP is only making it more difficult for Al Otro Lado’s local efforts in Tijuana migrants to access the US immigration since October 2018 and he offers a unique and critical perspective on the 5 US statutory standards state that in order to fast-paced developments. qualify as a ‘safe third country’, the country in question must be able to provide protection When asked about changes in US from persecution and a ‘full and fair procedure asylum policy and their effects on Central for determining a claim to asylum or equivalent Americans waiting in Mexico, Mr. Guerra temporary protection’ (8 USC §1158(a)(2)(A) (1994)). highlights the stark divergence between 113 ACADEMIC SECTION OxMo Vol. 8, No. 2 statements and actions, affirming the so, in order to alleviate the already argument that Mexico’s policies on overwhelmed migration system—would forced displacement are contradictory. appear well founded (Frederick 2019). He argues that when the crisis at the There is no way of knowing if the eight border escalated in late 2018 ‘it became unaccompanied minors went into the really clear that the intent [of the Mexican care of social services or were deported, government] was never actually to but in any case, their experience provide support’ but instead ‘the limited elucidates how both the US and Mexico support that was provided [was] in such are implicating themselves in violations horrible conditions that it almost became of the principle of non-refoulement. a message of deterrence.’ (Guerra, Firstly, by not allowing these children interview, 6 June 2019). He then explains to enter the US to claim asylum, and how Mexico has been influenced –even secondly, by likely deporting them back compelled—by the US to follow through to a country they fled due to fear of with repressive migration policies. He persecution. laments to have seen ‘Mexico stumble This anecdote highlights the informal – and not really know what to do’ in the and illegal—ways that the US and Mexico face of the migration crisis, and in doing are cooperating to stem the flow of so, he intrinsically suggests that Mexico migration. Importantly, this cooperation is vulnerable and looking to the US for is not done on an ad-hoc basis. Rather, guidance (ibid). it is nested within the programmed and This allusion to geopolitical power coordinated efforts that are ‘legitimised’ dynamics becomes clearer when Mr. because of the aforementioned Migrant Guerra provides explicit examples on Protection Protocols (MPP). When how the US and Mexico are cooperating speaking about the MPP, Mr. Guerra in the border zones. For example, almost comically points out the irony in he points out that US Customs and the name, commenting that ‘it’s more Border Patrol (CBP) ‘have forced local like Migrant Persecution Protocols’ Mexican authorities to prevent, for (Guerra, interview, 6 June 2019). The example, unaccompanied minors from claim that the MPP is about persecution seeking protection’ (Guerra, interview, rather than protection is a bold and 6 June 2019). He then describes a unapologetically critical comment harrowing scene where CBP ‘flat out on the US and Mexico’s treatment of created a human wall’ to prevent eight migrants and forcibly displaced persons. unaccompanied minors from getting Moreover, with these comments Mr. onto US territory, and subsequently Guerra is implicitly acknowledging the turned them over to officials from the INM tension between regionalisation and (ibid). The INM is meant to adequately securitisation. Mexico wants to be seen screen apprehended migrants for as a migrant friendly and human rights protection concerns, but a 2017 report forward country, but due to pressure from the Citizens Council of the National from the US, it is unable to follow Migration Institute (Consejo Ciudano through with its rhetoric. Mexico may del Instituto Nacional de Migracion, be a MIRPS country, but it is sending CCINM) found that there were no clear messages of deterrence through its lack and effective mechanisms for identifying of social services, cooperation with the individuals with protection concerns, and US on extreme immigration policies, and thus evidenced that the INM violated the blatant disregard for the human rights principle of non-refoulement in many of of migrants. Throughout the entirety their returns or deportations (2017:13). of the interview Mr. Guerra provided a As such, speculation that the INM plethora of information and anecdotes continues to prioritise deportations over about on-going challenges facing protection concerns—and increasingly migrants and forcibly displaced persons 114 ACADEMIC SECTION OxMo Vol. 8, No. 2 waiting in Mexico. His final comments nor promoting responsibility-sharing were moving and thought-provoking: and solidarity. Moreover, Mexico is setting precedent for Central American ‘…we need to remember that countries to accept and implement the most individuals don’t want to US’ securitized migration policies. Not leave their home country. They long after the MPP, on 26 July 2019, the are leaving because they are so US government announced a ‘safe third desperate and we need to create country’ agreement with Guatemala processes in place so that they can (Restuccia, 2019). Refugees and asylum- actually be protected, and figure seekers who travel through Guatemala out ways to extend a loving hand will need to seek legal protection in instead of trying to continue to Guatemala before placing asylum claims figure out ways on how to deter in the US; this agreement is highly people, to criminalise people. No problematic because Guatemala does one deserves to be criminalised for not meet the US legal requirements to be trying to survive’ (Guerra, interview, a ‘safe third country’ (Gzeh, 2019). While 6 June 2019). it is making significant strides as a MIRPS country to enhance and strengthen This plea from Mr. Guerra rightfully refugee protection and assistance, the indicates that the securitisation of increasingly high figures of forcibly migration has to stop. It is fully within displaced persons (86,864 Guatemalan the rights of forcibly displaced persons asylum-seekers worldwide in 2018) to have their protection claims heard, indicate that Guatemala is not ready but instead the US continues to or capable of offering protection for all criminalise them and argue that they are Central Americans crossing through its taking advantage of immigration laws. territory. Unfortunately, in light of this Enforcing immigration policies in order development, one can presume that to pursue national security objectives similar agreements with other Central may be a legitimate concern for the American countries are likely to follow. US, but their tendency to do so with complete disregard for IRL and IHRL is unjustifiable. Unfortunately, the MPP Conclusion is just one of the many policy changes enacted by the current US administration This article assessed the extent to which to deter Central Americans from regionalism of the refugee protection seeking asylum at the southern border, regime in Central America has been and by derivative, to jeopardise the effective. It lays out the continuous and regionalisation of the refugee protection extensive efforts on the part of Central regime in the isthmus. American countries—and points to a The consequences of these definite trend in regionalisation of the securitised policies are devastating for refugee protection regime—beginning both migrants and displaced persons, with the Cartagena Declaration in 1984 and Mexico is undeniably complicit and culminating with the San Pedro in sustaining systematic human rights Sula Declaration in 2017. However violations. By allowing the US to return positive these regional efforts have people with protection concerns to been in fostering responsibility-sharing its territory, Mexico is jeopardising the and solidarity, and fruitful in developing legitimacy of the regionalisation efforts a more comprehensive and harmonised exemplified by the MIRPS. Undeniably, system for addressing forced through its participation in the MPP, displacement, the unfortunate reality is Mexico is neither strengthening the that their effectiveness is jeopardised by regional refugee protection framework, the competing trend of securitisation. 115 ACADEMIC SECTION OxMo Vol. 8, No. 2 This research does not presumptuously ensuring the effectiveness of a regional declare that the regionalisation of the refugee protection regime in Central refugee protection regime in Central America. As mentioned in the second America is condemned to fail because of section, in 2018 El Salvador was the securitisation. Rather, it has highlighted highest refugee producing country in that securitisation carries many the region (with 32,543 refugees and challenges that have a direct impact on 119,257 asylum seekers worldwide) the ultimate aim of fostering a refugee and has over 70,000 IDPs. At least in protection regime that can respect, principle, El Salvador’s decision to join protect, and fulfil the human rights of the MIRPS is a strong and symbolic forcibly displaced persons. Moreover, the ‘never again’ message that shows a securitisation of migration has brought commitment to addressing the push with it an ever-changing protection factors of forced displacement, and the space that is nearly impossible to keep detrimental effects of the securitisation up with. Considering the almost weekly for migration that push individuals changes in US policy (during the Spring towards increasingly dangerous travel and Summer of 2019), it is unlikely routes. It is too soon to tell if and how El that the securitisation of migration will Salvador’s inclusion will directly improve decelerate anytime soon. The situation the protection space in Central America, is fluid, and the unpredictability of short but nonetheless, it is a laudable and long-term developments hampers development for regionalism of the effective and predictable structures from refugee protection regime. Seeing as being established. the forced displacement crisis in Central In light of the many unfortunate America is dynamic and ever-changing, circumstances directly infringing on it is more important than ever to follow forcibly displaced persons’ ability to developments closely and critically. enjoy their rights under IRL and IHRL, UNHCR recently placed a call to action in Central America. On 12 June 2019, the agency appealed for further regional talks to address forced displacement, noting that the strained capacity of the refugee protection regime placed ‘growing numbers of individuals and families at grave risk and [created] situations that no country can address alone’ (2019f, para 1). A few days later, on 26 June 2019, a disturbing image went viral: a Salvadoran migrant and his two-year-old daughter lying face down, lifeless, in the waters of the Rio Grande (Linthicum 2019). This image renewed attention on the Central American refugee crisis and stressed the importance of heeding UNHCR’s call to action. Undoubtedly influenced by both the UNHCR and the viral photo, on 26 July 2019, El Salvador announced its decision to join the MIRPS (UNHCR 2019c). Participation from El Salvador in the MIRPS is a crucial step forward for 116 ACADEMIC SECTION OxMo Vol. 8, No. 2 ARRIOLA VEGA, L.A. (2017) Policy adrift: The author Mexico’s southern border program. 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Available from: San Pedro Sula Declaration, As a Regional Conventions and Other International Contribution to the Global Compact on Documents Refugees (26 October 2017), (‘San Pedro Sula Declaration’). Available from: Cartagena Declaration on Refugees (adopted by United Nations, General Assembly Security the Colloquium on the International Protection Council. Procedure for the establishment of of Refugees in Central America, Mexico and a firm and lasting peace in Central America, Panama, 22 November 1984) in ‘Annual Report A/42/521 (31 August 1987), (Esquipulas II Peace of the Inter-American Commission on Human Accords) . Available from 120 ACADEMIC SECTION OxMo Vol. 8, No. 2 HN%20GT%20NI%20SV_870807_EsquipulasII. pdf>. United Nations, General Assembly Resolution 71/1. New York Declaration for Refugees and Migrants, A/71/L.1 (19 September 2016), (‘New York Declaration’). Available from: UNHCR. Guiding Principles on Internal Displacement, ADM 1.1, PRL 12.1, PR00/98/109 (22 July 1998). Available from: UNHCR Executive Committee. Protection of Asylum seekers in Situations of, No. 22 (XXXII), A/36/12/Add.1 (21 October 1981). Available from 121 Between Torture and Hiding: The North Korean Migration Case in China Phillip Kraeter Different reasons underlie North Koreans’ decisions to cross the border into China irregularly, including state-driven persecution, economic hardship and hunger. While some fall under the refugee definition set out in 1951 Refugee Convention, others classify as refugees sur place given the inhumane treatment and serious harm they would face upon return to North Korea. Although those fleeing the North Korea would be classified as refugees according to several international instruments signed by China, Chinese authorities continue to refuse recognising their refugee status, classifying North Koreans instead as ‘economic migrants’ and repatriating them to North Korea by force. This article examines the challenges faced by North Korean refugees in regard to accessing international protection and the extent to which both North Korea and China fail to fulfil their obligations under international refugee and human rights laws. Despite bilateral agreements with North Korea, it argues that the automatic repatriation of North Koreans by China is an unlawful procedure and that both North Korea and China must conform to international agreements to protect North Korean citizens fleeing the country. Based on an analysis of the legal framework in place, as well as a consideration of the broader geopolitical context at play, this article suggests several recommendations for improving the situation of North Koreans in China. Introduction such as torture or dehumanising treatment on migrants after being Although the main destination of choice returned to their country (Lee et al for those fleeing has been the Republic 2001: 227). The political situation in the of Korea (South Korea), it is estimated region complicates the matter further. that in total between 100,000 and Whilst China fears the consequences 300,000 people have arrived in China of a collapse of North Korea, it is also from North Korea (Margesson, Chanlett- reliant upon it as buffer zone between Avery, Bruno 2007: 4) by 2007–a China and South Korea, and more number which is likely to have increased precisely the influence of the United since, although up-to-date figures from States. Therefore, it is in China’s national reliable sources are difficult to obtain. interest to find a risk-free solution to Yet inconsistencies and disagreements this issue, while not provoking allies persist over the classification of those or being viewed by the international who arrived from North Korea in China. community in a negative light. Whilst North Korea refers to the migrants This article seeks to answer the as ‘defectors’, the United States and following questions: What challenges other third parties utilise the term have North Koreans fleeing North ‘refugee’. China, however, makes use Korea since 1990 faced in accessing of the term ‘economic migrant’. While international protection? To what extent they could be classified as refugees and are North Korea and the China fulfilling protected against repatriation to North their obligations under international Korea according to several international refugee and human rights law? The instruments signed by China, Chinese scope of this article is set after 1990, as authorities have refused to recognise this marks the time of Sino-South Korean their refugee status and repatriating relaxation and further coincides with the them to North Korea by force. natural disasters that took place starting This repatriation brings with it further 1995. Further, the case of China was problems, as North Korea is known to chosen due to the complex interplay commit several human rights violations between international treaties vis-à- 122 ACADEMIC SECTION OxMo Vol. 8, No. 2 vis national law, and the contradicting 1951 Refugee Convention (Refugee interpretations of actions by the Convention) as any person who is government in question. outside their country of nationality and It analyses the legal framework in place is unable or unwilling to return there or in China as well as North Korea, including avail himself to the protection of that relevant international treaties. It also country, on account of a well-founded offers reflections on the contemporary fear of persecution for reasons of race, situation and broader geopolitical religion, nationality, membership of a context in an attempt to understand particular social group or political opinion China’s and North Korea’s position vis- (Refugee Convention Article 1A(2) 1951). à-vis those fleeing into Chinese territory. While there is no universally accepted Finally, the article concludes by exploring definition of the term ‘persecution’, it possible solutions to improve the matter can be inferred from article 33 of the in question and considers remaining Refugee Convention that a threat to life or research gaps. freedom of an individual on the account In terms of methodology, it is important of race, religion, nationality, political to note that neither North Korea nor opinion or even membership in social China grant access to information on groups would constitute persecution the issue. No interviews were therefore (UNHCR 2011: 13). A fear of persecution conducted directly by the author. Aside may be established where the state is from drawing on articles pertaining to the responsible for the persecution or where legal and political situation, the majority there is an absence of state protection of sources are based on testimonials of against other actors. North Koreans, reports, or interviews Applying these definitions to the from NGOs and academics who have present case, there seem to be two main gained access to migrants. Sources were umbrella categories of people fleeing selected based on relevance to the topic North Korea into China. The first refers of North Korean migrants in China, on to individuals fleeing North Korea for the root causes of the problem, and on fear of persecution at the hands of state potential solutions and treaties in place, forces, who would satisfy the definition of which should protect them. a refugee as laid out in the 1951 Refugee Convention and its 1967 Protocol. The second category is comprised of those North Korean ‘economic migrants’ in individuals leaving North Korea for need of protection other reasons, such as famine or better economic opportunities, making them To establish an understanding of economic migrants strictly speaking. the legal framework in place, several The lines between these two umbrella definitions need to be laid out. At the categories are blurred, however. Famine core of this lies the decision of the and economic deprivation, for example, Chinese government to classify North are sometimes part and parcel of Korean migrants as ‘illegal economic persecutory measures against families migrants’, rather than ‘refugees’ (Ra or particular groups of individuals 2015: 44). The United Nations High considered hostile to the regime. Due to Commissioner for Refugees (UNHCR) a system of social classification in North Handbook and Guidelines on Procedures Korea, for example, those who the regime and Criteria for Determining Refugee considers to be in a hostile group could Status understands an economic migrant face restricted access to jobs or food. In as ‘a person who voluntarily leaves his addition, even those who may not be country (…) exclusively for economic considered as hostile by the state but considerations.’ (UNHCR 2011: 15). who leave North Korea nonetheless risk Yet, a refugee is understood under the facing inhumane treatment as objectors 123 ACADEMIC SECTION OxMo Vol. 8, No. 2 to the regime upon return. This classifies (Amnesty International 2004, 2). The them as ‘refugee sur place’ (Chan and aforementioned articles of the North Schloenhardt 2007: 225), a term used Korea Criminal Code stand in direct to describe a person who was not a conflict with at least one international refugee when they left their country, treaty signed by North Korea, the but who becomes a refugee at a later ICCPR. Amnesty International finds that date, due to a change of circumstances North Korea’s article 117 of the Criminal in their country of origin or as a result of Code violates article 12(2) of the ICCPR, their own actions (UNHCR 2011). which states that ‘everyone shall be Thus, it is important to note that free to leave any country, including even those who have left North Korea its own’ (Amnesty International 2004, due to economic hardships or hunger 29). It further notes that officials of the may nevertheless become eligible for frontier administration, who are found international protection after leaving helping someone cross the border and the North Korea. North Korea officials flee, face a sentence of two to seven are known to inflict harsh treatment on years in a labour camp, as per article individuals who have left the country 118 of the North Korean Criminal Code and are then repatriated by Chinese (2004: 29). However, given the lack of officials. Such treatment includes torture, available information, there is some imprisonment, or even execution (Chan debate among scholars regarding the and Schloenhardt 2007: 226; Lee et al level of punishment inflicted upon 2001: 227). In fact, articles 117 and 47 those found guilty of illegally crossing of the North Korean Criminal Code the border. While Kim cites a minimum make it a punishable offense to leave punishment of five years if found guilty the country without possession of valid of treachery by defecting (2015: 127), travel certificates and corresponding Chan and Schloenhardt argue there is a permission from the authorities standard sentence of seven years (2007: (Chan and Schloenhardt 2007: 221). 221). Some scholars also cite death Furthermore, crossing a border illegally by execution as the final punishment is a ‘crime of treachery against the for severe offenses. Such a ‘severe Fatherland by defection’ according offense’ could for example be contact to article 62 of the Criminal Code with South Korean citizens or religious (Kim 2015: 127; Margesson, Chanlett- organisations like Christians in northeast Avery and Bruno 2007: 9). This shows China while fleeing North Korea (Kang that North Korea aims to punish those 2016: 71). It is seen by North Korea as being disloyal, further strengthening the unlawful political expression which is position of refugees sur place. understood as an ideological crime and therefore warrants persecution in North Korea (Cho 2013: 226). Understanding existing laws and Scholars such as Chan and treaties in North Korea and China Schloenhardt (2007) note that there are numerous factors which further North Korea has signed four complicate these matters and make it international treaties relating to human difficult to determine the realisation rights, namely: The International of the law. One reason cited is North Covenant on Economic, Social Korea’s unwillingness to permit external and Cultural Rights (ICESCR), the human rights monitoring bodies into International Covenant on Civil and the country. As a result, much of the political Rights (ICCPR), the Covenant on information in the literature is based Elimination of All Forms of Discrimination on media reports, government sources, against Women (CEDAW) and finally the or anecdotal evidence. Due to these Convention of Rights of the Child (CRC) challenging conditions, many NGOs 124 ACADEMIC SECTION OxMo Vol. 8, No. 2 have left North Korea, citing the Song (2014: 3-4) identifies China’s difficulty to obtain information without legal framework as the reason it is dealing direct access to North Koreans. There with the situation in this way. She warns is also general frustration when dealing that the biggest challenge in dealing with the government due to its apparent with cross-border human displacement disregard of several articles of the North into China is the absence of a refugee Korean Constitution of 1998, including definition in Chinese domestic law. In the rights of freedom of speech, particular, China’s Constitution is silent press, assembly, demonstration, and on the legal status of international association (Chan and Schloenhardt treaties and their respective hierarchy in 2007: 217). Although this law grants the the domestic legal system. At the same above rights in theory, Lee (2001: 227) time, China has not codified the definition explains that the situation in North Korea of a refugee into domestic law, nor has it reveals several human rights violations, been directly applied by Chinese courts. such as torture. Despite signing these Thus, although scholars such as Ra, Kim, four international human rights treaties, Chan and Schloenhardt condemn China North Korea is not seen as cooperative for violating its international obligations in fulfilling its obligations of upholding by disregarding treaties, Song argues the rights of refugees. that this is due to the disregard on the An additional problem is the role side of the Chinese government about China plays and the actions it has the legal status of international treaties, taken in this multi-faceted issue. China including the definition and rights of serves as one of the main temporary refugees established in the Refugee destinations for North Korean refugees. Convention (Ra 2015: 45; Kim 2015: Although UNHCR estimates that there 136; Chan and Schloenhardt 2007: 224; are between 30,000 and 50,000 North Song 2014: 6). Koreans living as refugees in China since With this in mind, the question remains 1990 (Margesson, Chanlett-Avery, Bruno whether the domestic legal framework 2007: 4), some estimate there are as many or a signed international treaty holds as 300,000 (Ibid: 4). A reason for this greater importance. Song attempts large discrepancy is that UNHCR has no to explain this difference using the direct access to North Korean migrants, example of article 46 of China’s Law on as many remain in ‘underground’ Exit and Entry Administration of 1986, movements attempting to stay hidden. which states that ‘foreigners seeking China’s role in this is interesting due to asylum for political reasons [who are] the aforementioned reluctance to view subject to the approval of governing North Korean migrants as refugees. authority in China, are allowed to stay China, unlike North Korea, is a party to and live in China’. In 2013, this was the 1951 Refugee Convention, signed updated to provide that applicants for by China in 1982 (Ra 2015: 43). In the refugee status may stay temporarily in 1970s and 1980s, China also ratified China during the application process several other international human rights and that those granted refugee status instruments and treaties (Song 2014: may stay in China. Yet, this law did not 5). The Chinese government, however, cover the issue of who qualifies for this denies UNHCR direct access to refugees refugee status, nor the procedures of in China, making it challenging to this status determination (Song 2014: uphold the Refugee Convention (Kim 7). Song therefore argues that the main 2015: 136). China has responded by issue underlying China’s approach to proclaiming that the situation is an North Korean migrants is that China is internal matter and therefore refuses to relatively new to refugee protection and provide UNHCR with further access (Cho has little to no knowledge about the 2013: 208; Ra 2015: 44). international refugee regime. Particularly 125 ACADEMIC SECTION OxMo Vol. 8, No. 2 as prior to the mid 1990s, China had ‘wavering’ class, equal to roughly 50% of limited experience with asylum seekers the population; and ‘hostile’ class, with and its legal framework makes little the remaining 20% of the population (Cho difference between refugees, tourists, 2013: 187).1 As access to information is and immigrants (Song 2014: 8). scarce in the North Korean context, these numbers could be slightly outdated, but still serve as the most recent credible Reasons causing North Koreans to classification. The core class forms the cross into China elite, with preferred access to food, medicine, education, and employment, There are several different conditions while the wavering class consists mostly which catalysed the movements of North of the working class, with professions Koreans into China. This section outlines such as teacher, technician, soldier, and how economic downturn and famine, in farmer (Chan and Schloenhardt 2007: addition to state-driven persecution, 218). Lastly, the hostile class represents forced the citizens of North Korea to those disloyal to North Korea (Cho consider other options and gave rise 2013: 187). This is not to say that 20% to the present case of North Koreans of the population has been directly fleeing to China. involved in acts of treachery. Rather, In 1995, North Korea was hit by it is based on North Korea’s system of excessive floods, destroying crops en ‘collective responsibility’. Due to the masse, leading to a national famine that strong ongoing family ties, collective lasted until 1998 (Cho 2013: 196). These responsibility prescribes that relatives heavy floods which began in North Korea of those breaching the law are equally damaged agricultural activities, leading punishable (Chan and Schloenhardt 2007: to a substantial food shortage that has 218; Chang, Haggard and Noland 2008: not been adequately solved (Chan and 9). This punishment can even extend to Schloenhardt 2007: 220). The situation multiple generations and is intended to further exacerbated by droughts during cleanse the population of any and all the 2000s, fully collapsing the agricultural opponents. Therefore, mere opinions industry. To this day, this shortage has of a relative can blacklist a person from not been fully handled and has in fact receiving adequate quality of education worsened by an ongoing drought (Choe or job offers over generations, even if this 2019). It is estimated that 2 to 3.5 million relative is long dead. people starved to death from 1995 until This social classification system is 1998, yet the North Korean government propped up by North Korea’s prison claims that the death toll was around system, which is further broken down 220,000 (Cho 2013: 197). Although into four different types of hard labour natural disasters are not something in facilities, resembling modern-day control of the government entirely, the gulags (Cho 2013: 189). Interrogation response certainly is. In the case of North techniques such as water torture are Korea, the country has yet to fully recover applied to determine the degree of from this natural disaster of this scale. imprisonment. North Korean officials However, for North Koreans, famine reject the existence of such institutes, and natural disasters are not the only however, despite estimates that issue at stake. North Koreans live within between 150,000 to 200,000 prisoners an ongoing system of social classification, are being detained there (Ibid: 190-192). despite article 65 of the constitution calling for the right to equality (Lee 1 Core class = haek-sim kyechung, wavering class et al 2001: 218). There are three main = tong-yo kyechung and hostile class = jok-tae groupings in place: ‘core’ class, making kyechung. The latter has no right to education, employment or medical services of any kind up roughly 30% of the population; despite article 65 (Cho 2013, 188). 126 ACADEMIC SECTION OxMo Vol. 8, No. 2 In order to strengthen the prison and be classified as a refugee in China. As social class systems, North Korea also previously mentioned, due to a lack of a adopted stricter border control in the refugee definition in Chinese domestic early 2000s. This included instructions law, there have been no effective for border guards to shoot attempted mechanisms to ensure implementation border crossers on sight (Human Rights of the relevant treaties China has Watch 2013; Kim 2015: 127). However, signed (Song 2014: 14). According to the tightening of border control does UNHCR Guidelines, an individualised not just pertain to North Korea. China assessment to determine refugee has also pledged stricter controls and status should take place (UNHCR 2011: supports this by imposing repatriations. 165). Instead, China simply denies the In addition, for decades, North refugee status of North Korean migrants Korea has also been an outlier within by claiming they have illegally entered the international community, despite China for economic reasons. Further, continued efforts to establish political sheltering North Korean refugees can ties to several countries. Under Kim Il- result in imprisonment in China, even for Sung, North Korea’s supreme leader non-Chinese citizens (Ra 2015: 45). until 1994, an ideology termed ‘Juche’ At the core of this reaction, according was formed. This can be understood to Chinese officials, lies the 1961 Sino- as an ideology of self-reliance and a Korean treaty, which obliges China to person being master of its own destiny return all North Korean nationals who and that North Korea should be the entered China without a valid travel ID centre of interest and be the driver of (Chan and Schloenhardt 2007: 224). its own progress. This ideology is one The 1998 China-North Korea Bilateral of the reasons of the present political Agreement on Mutual Cooperation for and economic isolation of North Korea the Maintenance of State Safety and (Amnesty International 2004: 2). The Social Order additionally creates an early 1990s also saw a decline in trade obligation on China to repatriate North with China over the normalisation of Korean defectors (Ra 2015: 44). Despite Sino-South Korean relations. Whilst scholars finding these agreements the North Korean government may in violation of international treaties have been able to cope with these signed by China, such as the Refugee two conditions on their own, the fall Convention or the Universal Declaration of the Soviet Union in 1991 made this of Human Rights, China disregards impossible, as it meant losing 40% of these claims by classifying the border its imports (Cho 2013: 196). The social crossers as economic migrants, rather classification, applications of torture than refugees in need of protection (Ra techniques paired with isolation to the 2015: 44; Chan and Schloenhardt 2007: international community due to policies 224). In their eyes, this means they such as ‘Juche’ play a cumulative role would not be in breach of the principle in this debate. Although some factors of non-refoulement enshrined in article certainly have a larger impact on this 33(1) of the Refugee Convention, which situation, they all contribute a part in the prohibits the return of a refugee to where development of North Koreans crossing his life or freedom would be threatened into China. on account of his race, religion, nationality, membership of a particular social group or political opinion (Chan China’s neglect to offer protection to and Schloenhardt 2007: 234-235). North Koreans It is worth noting, however, that China in fact would be under an obligation not The massive arrival of North Koreans in to repatriate North Koreans migrants China sparked the question of who can arriving in China, regardless of whether 127 ACADEMIC SECTION OxMo Vol. 8, No. 2 they qualify for refugee status, given UNHCR proposed a special humanitarian widespread evidence that North Korea status for North Korean refugees, makes use of torture techniques to allowing them to obtain temporary interrogate defectors, and that those documentation for the protection from repatriated face harsh conditions forced return (Ra 2015: 58). This led including execution. This is because to a 17% increase in the granting of unlike North Korea, China is a signatory work visas to North Koreans in 2013, to the Convention Against Torture (CAT), totalling 93,000 (Ibid: 59). To avoid which it ratified in 1988. Article 3 of the criticism, China has granted North CAT, prohibits parties from returning, Korean refugees who successfully extraditing, or refouling any person entered a diplomatic compound the to a state ‘where there are substantial right to leave to a third country. This grounds for believing that he would is done to avoid repatriation and be in danger of being subjected to therefore creates the ability of a smooth torture’. China’s extradition law of 2000 transition into the final destination for further prohibits extradition of persons the refugees in question (Chan and who have or will probably be subjected Schloenhardt 2007, 237).2 Despite this, to torture or other cruel, inhuman, or China simultaneously tightened the humiliating treatment or punishment security around these compounds and (Cho 2013: 212). Nonetheless, China demanded embassies to hand over knowingly conducts a procedure of North Koreans to Chinese authorities. automatic repatriation, citing bilateral This seems to violate the principle of non- treaties and political relationships with refoulement, as diplomatic compounds North Korea. have a responsibility not to return them The Chinese viewpoint is supported (Ibid: 238). A possible way to address the by the ‘last in time’ law, which states concerns regarding the classification of that the treaty which was signed last refugees and who to protect, would be should supersede others and can be to fall back on the implementation of seen as shielding China and the North an individualised assessment system, as Korean action in this instance (Cho prescribed by UNHCR. Yet, to understand 2013: 219-220). Consequently, the fully why China has been avoiding such law is often regarded as undermining a system to date in the case of North the implementation of the Refugee Koreans fleeing into China, its underlying Convention and other instruments, as motives should be considered. governments could simply re-negotiate treaty commitments by enacting new legislation. The ‘last in time’ law requires The geopolitical context and China’s that all existing parties need to be a part underlying motivations of both treaties in question for one to override the other. While Article 27 of North Korea acts as a geographical the Vienna Convention on the law of buffer zone between China and U.S. treaties and institutions such as UNHCR troops located in South Korea. This view international agreements to outrank suggests that in any action China bilateral ones, the Chinese government takes, it seeks to neither create a pull seems to disagree (UN 1969: 339; factor to encourage a greater influx of Margesson, Chanlett-Avery, Bruno 2007: North Korean refugees, nor to provoke 3). As a result, North Koreans are still an ally or destabilise the North Korea automatically repatriated by Chinese authorities, despite being bound by the 2 The final destination for a vast majority of North Refugee Convention and other relevant Koreans is South Korea. Partially, this is because instruments. of article 3 of the South Korean Constitution, granting any North Korean national South To assist in resolving this situation, Korean citizenship. 128 ACADEMIC SECTION OxMo Vol. 8, No. 2 (Margesson, Chanlett-Avery, Bruno be resolved on its own. 2007: 12). Therefore, in order for China However, if China is assured that to reconsider its strategy of forced complying with international treaties repatriation, it must be reassured first and responsibilities does not threaten that actions such as granting UNHCR the existence of North Korea, a solution access will not lead to an exodus from could possibly be negotiated on more North Korea into China, or a collapse of realistic terms. Currently, an issue the North Korean regime entirely. As this that prevents reaching a solution with is a big threat China faces, it must be positive outcome for North Koreans addressed in order to reach an outcome is the Chinese blanket statement that for this case (Chan and Schloenhardt all North Korean refugees are in fact 2007: 239-240). A suggestion towards economic migrants. Not only does this such reassurance would be to allow seem to violate China’s obligations under China to draft such agreements with international law, but it also fails to take UNHCR, settling for a compromise until into account the need for individualised another solution is found. assessments to be conducted when The survival of North Korea is seen as evaluating the asylum claims of North a core factor for China because a fall of Koreans. Such assessments would need the regime could potentially be a catalyst to be conducted in a way where they for a new Korean war, or cause an even conform to international instruments, larger, unwanted influx of North Korean yet would not damage existing bilateral refugees into China (Cho 2013: 202). agreements, making them a realistic Although this means that the Chinese- and worthwhile consideration. To North Korean alliance is relatively one then adequately make the separation sided, these sacrifices go hand in hand between who is an economic migrant with China’s position in the East Asian and a refugee, a case-by-case region to become a superpower. A assessment needs to be implemented. North Korean dismantling would be This would allow China to comply with negative for such endeavours and is the 1951 Refugee Convention and other therefore not wanted by the Chinese obligations under the CAT. government. This, although not justifying Despite analysing the situation facing the breach of international law, does go North Korean migrants and refugees far in explaining the Chinese stance and from a multi-layered perspective, sheds lights on the motivation behind future research on this topic could aim procedures such as forced repatriation to explore the role of the international of North Korean refugees. community in greater detail, including its roles and responsibilities in terms of accessing information. This is especially Conclusion important as NGOs themselves continue to find themselves with limited The case of North Korean migration access to information in and about in China explored in the present article North Korea. Moreover, as it was not presents layers of complexity relating possible to conduct interviews for this to legal frameworks on a national and study, this article does not capture how international level. Further complications North Korean refugees feel about the are added by the actions taken based procedures put in place. Further studies on international agreements signed. on the topic should therefore aim to Both China and North Korea are to integrate their voices into the analysis. blame for this. The study indicates that a The economic situation in North true solution is not in sight, and that the Korea is not likely to improve soon, and access to protection for North Koreans equally starvation may continue to drive fleeing into China is not an issue that will citizens abroad in search for food. It is 129 ACADEMIC SECTION OxMo Vol. 8, No. 2 important to keep in mind that those The author fleeing North Korea do not do so for a single motivation. Apart from those that Phillip Kraeter is a recent Leiden University flee for persecution reasons laid out in Bachelor’s graduate of International Studies the 1951 Convention, it is important to with a focus on East Asia. He has worked as a acknowledge the protection needs for small-scale business developer, consultant, those whose flee economic hardships and researcher for several international SMEs, and famine and may become refugees while simultaneously partaking in a tech-based sur place due to the fear of political start-up. The study of migration is a long-term persecution or mistreatment upon interest, having grown up in Berlin, then Dubai return. In order to solve the root of and further stations in Shanghai and The Hague. the issue, more must be done by the Further interests are modern technological international community to nudge North advancements such as the crypto-space and Korea towards addressing these issues. general digitalisation as well as the East Asian For this to be realised, however, the region, particularly China. use of execution, torture and violations of the rights of freedom of movement, opinion, speech and assembly must be prohibited in North Korea. 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BRUNO, A. 2007. “North Korean Refugees in China and Human Rights Issues: International Response and U.S. Policy Options” Congressional Research Service 1-42. 131 Beyond the ‘Women-and-Children’ Bias in Human Trafficking: A Study of Haitian Migrants in the Dominican Republic Jean-Pierre Murray The anti-trafficking agenda has faced at least two main criticisms – it privileges criminal justice over human rights and it focuses excessively on sexual exploitation and prostitution. Human trafficking has historically been linked with sexual exploitation of women and children, and despite attempts to broaden the scope, these associations have persisted. Scholars have called for new ways of framing trafficking which can effectively capture the complexities of this phenomenon and adequately represent the affected populations. This paper argues that an excessive focus on ‘women-and-children’ victims precludes an examination of a wider cross-section of vulnerable populations. Using the case of Haitians in the Dominican Republic, it proposes that a human security perspective that explores intersectional identities is best suited for studying human trafficking as it more closely examines the different factors which render people vulnerable to trafficking. Introduction have implications on how trafficking is conceptualised, who is considered a A comprehensive study on human victim, what constitutes trafficking, and trafficking in the Dominican Republic, ultimately, how policymakers respond to released in early 2019, detailed a the problem. dark reality of internal trafficking of Human trafficking research suffers from women, children, and adolescents a scarcity of reliable data, compounded (OBMICA 2019). Similar assertions had by the absence of a commonly accepted been made in successive Trafficking and widely applied definition of the in Persons (TIP) Reports which also phenomenon (Savona and Stefanizzi flagged neighbouring Haiti as a human 2007). Whereas the Palermo Protocol trafficking hotspot (United States defines human trafficking,1 the Department of State 2016; 2017; 2018). interpretation and application of said These reports focus heavily on the definition varies widely. The problems of vulnerabilities of women and children, data and definition have implications for primarily for sexual exploitation. Both both scholarship and policy relating to Haiti and the Dominican Republic are human trafficking. For example, in the source, transit, and destination countries Latin America and Caribbean region, (United States Department of State sex trafficking is highlighted as the most 2016). Despite highlighting forms of prominent form of human trafficking, forced labour among women, children, and women and children are identified and adolescents, OBMICA’s (2019) study as the most common victims (Langberg does not reflect more extensive forms of 2005; Seelke 2011). However, this may forced labour in the Dominican Republic. be owing to an inherent bias in methods Similarly, the TIP Reports flagged other forms of forced labour practices but fell 1 The Palermo Protocol defines trafficking from short of suggesting policies that could three main angles: the actions, the means and the purpose. Actions range from recruitment address them. What becomes apparent and transportation, to receiving or harbouring from these reports is that women and persons; means could be fraud, deception, children are not the only victims, and that coercion, abuse of power, among others; and the purpose as exploitation which may be for exploitation involved in human trafficking prostitution, sexual exploitation, forced labour extends beyond sexual ends. All these and other similar forms. 132 ACADEMIC SECTION OxMo Vol. 8, No. 2 of identification, or in the perceptions (Martinez 1999; Wooding and Moseley- which are held of possible forms and Williams 2004; Cloud 2009; Kristensen victims of trafficking (Meshkovska et al. and Wooding 2013). Petrozziello and 2015). Furthermore, states such as the Wooding (2011) demonstrate how Dominican Republic with a pre-existing these intersectional identities of poor, challenge of undocumented migration black, Haitian women increase their may place greater emphasis on vulnerability to human trafficking into smuggling, which is a criminal offense and within the Dominican Republic. both for the smuggler and the smuggled This perspective, however, falls short than on trafficking, which is a criminal of addressing the ways in which Haitian offense for the trafficker and not for the migrants in general are vulnerable to victim (Tejeda and Wooding 2012). trafficking because of the intersection This paper responds to the need for of race and class, along with the an analytical frame in human trafficking excessive focus on women and children literature that can encompass the in human trafficking. Consequently, anti- diversity of trafficking’s implications trafficking policies and scholarly work and victims. It draws on insights from risk ignoring such migrants. This paper gender and human security, and in aims to inform anti-trafficking policies particular intersectionality as a possible that protect the most vulnerable and response to the call for an analytical marginalised populations, as well as frame that focuses on disempowered contribute to a literature of human people – not just women and children trafficking that captures the breadth of – as being vulnerable to exploitative the phenomenon and its victims. means, processes, and ends – therefore to trafficking. The study uses primary and secondary sources including Human trafficking: Between criminal global, regional, and national reports justice and human rights to assess the case of trafficking of Haitians in the Dominican Republic. Human trafficking has predominantly It uses an analytical approach which been considered as an issue that affects centres the intersectionality of women since the early 20th century trafficking vulnerability to argue that the (Chuang 1998; Bruch 2004; Gallagher predominant focus on sex trafficking 2010). The primary focus has been on and the inherent bias towards women forms of sexual exploitation, especially and children as victims overlooks other prostitution – which will be referred forms of exploitation, affecting a wider to as ‘sexualisation’ in this paper. The cross-section of Haitian migrants. most widely accepted definition of Whereas successive reports from both human trafficking has been codified in the United Nations Department of State the UN General Assembly Protocol to (United States Department of State Prevent, Suppress and Punish Trafficking 2016; 2017; 2018) and the UNODC in Persons, especially Women and (2009; 2012; 2014; 2016; 2018) have Children (emphasis added), hereafter highlighted the significant problem the Palermo Protocol (2000). This of human trafficking in the Dominican enshrined trafficking as a criminal Republic, this issue appears infrequently activity by placing it under the purview in scholarly literature, especially relating of the United Nations Convention on to Haitian migrants (Petrozziello and Transnational Organized Crime (Bruch Wooding 2011; Wooding 2011). The 2004; Gómez-Mera 2016). vulnerabilities of Haitian migrants are, One strand in the antitrafficking nonetheless, often discussed in ways literature calls for a human rights that highlight how their intersectional approach to human trafficking, over identities predispose them to marginality one of criminal justice (Chuang 1998; 133 ACADEMIC SECTION OxMo Vol. 8, No. 2 Gallagher 2001; 2010; Bruch 2004). The dichotomies of male perpetrator and current antitrafficking regime includes female victims. The focus on women and legally binding provisions enabling children as innocent, powerless victims states to prosecute perpetrators, without is problematic because it gives an providing clear protections for victims erroneous delimitation of the ‘identity’ (Bruch 2004; Gallagher 2010; Martin of victims, and by focusing on sexual and Callaway 2011; Gómez-Mera 2016). exploitation it excludes several other The Palermo Protocol does not provide forms of trafficking and other potential a mechanism for identifying victims of victims ((Ferree 2013; Meshkovska et trafficking, and therefore victims may al 2015). As governments apply policy either be conflated with other forms of responses, more restrictive immigration irregular migration or may be criminalised policies may unduly target women, and for activities they are forced to undertake even voluntary migrant women may based on their trafficked status (Hoshi end up being conflated with victims of 2013; Gómez-Mera 2016; Malloch trafficking (Chew 1999). 2016; Schloenhardt and Markey-Towler Parallel to the human rights approach 2016). Victims could consequently be is the commonly held view linking prosecuted rather than protected. labour rights considerations to human The proposed human rights trafficking. Human rights approaches alternative, however, is far from univocal. need to focus more on forced labour Some scholars portray the victim as being practices and exploitative processes predominantly women, and therefore which impede the enjoyment of consider that rather than adopt a broad fundamental human rights (Hathaway human rights approach, the focus should 2008; Obokata 2010; Brysk 2012). be on improving rights for women This perspective focuses both on the who are exploited by traffickers and exploitative ends of trafficking and the then criminalised in jurisdictions where processes which induce them. There they are trafficked (Chew 1999; Jordan is a demand for exploitable labour, 2002; Miko 2007; Kapur 2008; Williams sustained by structural flaws within 2008). They argue that mostly women exploitative labour markets that make and children are frequently trafficked workers vulnerable, for example through for sexual exploitation and prostitution. disproportionate dependence on their This link with trafficking and prostitution employers (Williams 2008; Pope 2010; is riddled with human rights violations, Shamir 2012; OBrien 2016). Exploited which justifies a human rights approach migrant workers may find themselves protecting primarily vulnerable women with no options for seeking justice and children (Miko 2007). without themselves being prosecuted Others, however, are critical of this (Bravo 2009; Pope 2010; Chuang 2014). approach which is considered loaded Clearly, there is a need for greater with moral questions concerning the understanding of the vulnerabilities abolition of prostitution (Chuang 1998; to which different populations are Bruch 2004; Sharma 2005; Brysk 2012). exposed, the causal mechanisms of Gendered discourse that seeks to these vulnerabilities, and the kinds of rescue women and children, largely trafficking to which these populations ignores more widespread structural become victim. While the Palermo causes of insecurity and vulnerability, Protocol has presented a broad and therefore does not adequately definition of trafficking, the ways in address preventative mechanisms which this definition is interpreted both (Raigrodski 2015; Russell 2016). Here, in scholarship and in practice continue to ‘gendered’ refers to the ways in which exclude various forms of trafficking and trafficking is conceived in scholarship to discredit some victims. Bruch’s (2004) and policy as primarily based on call for new models for approaching 134 ACADEMIC SECTION OxMo Vol. 8, No. 2 the study of human trafficking may well fragmentations involving difference or find an answer in a focus on gender and intersections that offer greater clarity in human security using intersectionality as identifying sources of vulnerability and an analytical framework. insecurity. This approach casts human trafficking as a threat to the trafficked persons rather than as an affront to A gender and human security state security (Yousaf 2018; Lobasz approach to human trafficking 2009). Consequently, it shifts the focus to people in situations of vulnerability It is necessary to consider gendered vis-à-vis more dominant groups. vulnerabilities as a category in examining This perspective also examines how labour migration, exploitation, stereotypes of categories of practices, and oppression, since women are perpetrators and victims are reproduced. overrepresented in some forms of Postmodern feminist thought – in trafficking. Women can face particular particular its contributions to gender and vulnerabilities during the migratory intersectionality – helps contextualise process such as significant levels of the operationalisation of human security gender-based violence including by revealing the diversity in sources and attacks, robbery, and rape by scouts who systems of oppression and the unique collect bribes to get them across the challenges that different people face. border (Petrozziello and Wooding 2011; Gender operates both as a category Wooding and Petrozziello 2013). What is and as a process (Steans 1998; Beckwith important to note, however, is that using 2005). Gender as a category refers to a gender as the only category of analysis ‘multidimensional mapping of socially reinforces the dominant trafficking constructed, fluid, politically relevant discourse and ignores other factors which identities, values, conventions, and render people susceptible to trafficking, practices conceived as masculine and/or and consequently shrouds other forms feminine’ (Beckwith 2005: 115). It is not of exploitation that are not reflected in ‘a stable identity or locus of agency from human trafficking policy and research. which various acts proceed; rather, it is Human security as a concept and policy an identity tenuously constituted in time direction emphasises safeguarding – an identity instituted through a stylized the individual from vulnerability and repetition of acts’ (Butler 1988: 519). As a insecurity. The concept has been process, gender refers to the differential criticised for being too broad and policy- effects that structures and or policies oriented to have much analytical utility can have on both women and men, (Chandler 2008a; 2008b), or for having and relates to ‘behaviours, conventions, too much faith in established institutions practices and dynamics engaged in such as the state (Newman 2010). by people, individuals, institutions and These institutions, while charged with nations’ (Beckwith 2005: 132). tackling insecurity may also be sources A postmodern feminist lens provides of oppression and disempowerment. an avenue for mobilising the concept of Human security is also universalising gender as not just a concept of binary (Ferree 2013). That is, while claiming identities, but of intersectional traits that to shift the focus to the individual, collectively form part of an individual’s human security presents problems and (or group’s) identity. Intersectionality solutions based on broad categories focuses on how an individual is socially rather than focusing on specific realities located in intersecting and mutually of different populations. A gender constitutive social identities which shape and human security perspective could experiences in society (Shields 2008; mitigate against this universalism since Ferree 2013). Here, the focus is on how a gender analysis highlights important such social identities serve as categories 135 ACADEMIC SECTION OxMo Vol. 8, No. 2 of discredit, disempowerment, and of the citizen because of its race, class, vulnerability and result in a compounded and even gender (Russell 2016). marginalisation which is much greater than the sum of its parts (Crenshaw 1989). That is, some populations may be Haitian migrants, exploitation, and multiply marginalised especially where human trafficking in the Dominican categories such as race and class intersect Republic with gender. The intersectional identity of a poor, black woman, for example, places There has been a long history of her closer to the margins of society and migration from Haiti to the Dominican renders her more vulnerable to various Republic across the porous shared forms of discrimination, domination, border, and through more formal labour and exploitation (Crenshaw 1991; migration initiatives for sugar plantations Lobasz 2012). Ultimately, the sources of (Vásquez Frías 2013; Martinez 1999). injustice that a gender analysis allows Consequently, there is a community of us to examine are disempowering and Dominico-Haitians who have remained oppressive systems which could affect on the fringes of the society because both men and women and which may be of their social status, their inability to perpetuated by men and women alike advance due to discriminatory policies (Peoples and Vaughan 2014; Nash 2008). of nationality and naturalisation, and as A key concept in this body of literature descendants of Haitian migrants, they is that of embodiment – the idea that are considered inferior to the ‘Hispanic’ constructed identities such as gender are Dominican population (Wooding and internalised, performed, and corporally Moseley-Williams 2004). There are materialised. Social values are ascribed between 340 000 (OBMICA 2018) and to genetic and phenotypical differences 500 000 (ONE 2013) Haitian immigrants playing out in a social hierarchy living in the Dominican Republic, regulated by power and dominance. In representing over 80 percent of the this context, some bodies carry greater total immigrant population. They work value than others. These bodies may informally primarily in agriculture and differ along gender lines, racial lines, construction. Most are undocumented class lines or an intersection of these migrants who crossed the border to take categories, and are valued based on up jobs in these sectors where there is how well they conform to or transgress high demand. However, there is an ideal types in a given social context enduring paradox which accompanies (Butler 1993; Grosz 1994; Gatens this clandestine but functional 1996; Alcoff 2006). Assumptions about labour migration. These migrants are different bodies serve as demarcations indispensable to the economy, yet they between full and lesser citizens and thus are considered a threat to cultural and determine whether the state will treat national identities (Ferguson 2003; them with all the attendant protections Wooding and Moseley-Williams 2004). and benefits or regulate them in less desirable ways if they are non-citizens Although there have been reports of (Bacchi and Beasley 2002). This concept human trafficking among these migrants, clarifies the ways in which intersectional, the Dominican Republic does not corporeal identities qualify and systematically collect and classify such disqualify members of a social space data (IOM and INM RD 2017). One of and how multiple marginalities render the earliest studies highlighted a critical some populations more vulnerable to absence of reliable data on trafficking, trafficking than others. The migrant body while noting that the Dominican Republic or the trafficked body is more vulnerable was already considered a leading to the extent that it does not fit the norm source country in Latin America and 136 ACADEMIC SECTION OxMo Vol. 8, No. 2 the Caribbean, and among the top ten The Dominican government has, countries globally (IOM 2006). Haitians, however, pursued an antitrafficking Dominicans, Colombians, Venezuelans, agenda. In 2003 the government Peruvians, and Chinese were among the passed the Law on Illicit Smuggling of most common victims of trafficking who Migrants and Trafficking of Persons. This were primarily women and children (girls and boys). Table 1 below summarises law provides no gender delimitations the different categories of labour in in defining trafficking and in theory which victims of trafficking were found. covers a broad cross-section of forms Dominican Republic as a country of: Categories of Labour Origin Transit Destination Agriculture (M) * * Construction (M) * * Vendors (M, W) * * Forced Prostitution (W) * * * Commercial Sexual * * Exploitation (M, W) Sex Tourism (M, W) * * Domestic Servitude (W) * * Bride Trafficking (W) * Illegal Adoption (M, W) * Table 1. Human Trafficking in the Dominican Republic 2001 - 2005. (Adapted from IOM 2006) Key: M – Men; W – Women of trafficking and victims.2 Furthermore, the Special Prosecutor for Trafficking in the government has outfitted an Persons and Illicit Migrant Smuggling. institutional infrastructure to tackle this There is also a fund for the assistance issue: the Interinstitutional Commission and protection of victims of trafficking Against Trafficking in Persons and Illicit which assists with travel costs, food, Migrant Smuggling (CITIM) created in medication, and other related expenses 2007, the Interinstitutional Committee (Tejeda and Wooding 2012). on the Protection of Migrant Women In addition, the government launched (CIPROM), the National Migration an overarching, multi-year National Institute (INM RD), and the Office of Plan Against Human Smuggling and Illicit Trafficking of Migrants which was 2 Definition of trafficking in the 2003 law: ‘the initially scheduled to run from 2009 to capture, transportation, transfer or reception of people, using threat, force coercion, abduction, 2014 and was relaunched in 2017 to run fraud, deception, abuse of power or situation of until 2020. This plan outlined three key vulnerability or granting or receiving payments to obtain the consent of a person who has focuses. Firstly, there was a human rights authority over another, for the purposes of sexual approach which established preservation exploitation, pornography, debt bondage, forced labour or service, irregular adoption, slavery and/or and protection of the human rights of analogous practices, or the extraction of organs.’ victims as the main objective of anti- 137 ACADEMIC SECTION OxMo Vol. 8, No. 2 trafficking efforts. Secondly, there was Class and vulnerability a focus on gender which acknowledged that the causes and consequences of Social inequalities including distribution trafficking were different for men and of income, assets, employment, women, and that women were more education, and health care, are key vulnerable because of social, cultural, determinants of vulnerability, and and economic exclusion. Thus, the therefore major contributing factors National Plan included gender indicators to human trafficking (Perry and and affirmative action measures in favour McEwing, 2013; Barner, Okech and of women. Finally, there was a focus on Camp, 2014). Most victims of human age which recognised that children and trafficking in the Dominican Republic adolescents had specific vulnerabilities, are from marginalised socio-economic special rights, and needs. The National backgrounds, with very little education Plan would be implemented according to and other resources (IOM and INM RD the three P’s – prevention, prosecution, 2017). This position of socio-economic and protection (CITIM 2010). disempowerment makes them Analysts have criticized this policy for vulnerable to the different recruitment targeting migrant smuggling more so tactics employed by traffickers. Whereas than human trafficking, however. Where intra-Caribbean migration is generally it did address human trafficking, efforts female dominated and usually comprises were more geared towards stemming more highly educated people than the the trafficking of women – particularly recipient population, Haitian migrants Dominican women – outside the country. tend to be lesser educated males Thus, other vulnerable populations such (IOM 2017). Poverty, unemployment, as Haitian women or Haitian migrants and illiteracy are push factors for more generally were not paid any specific these frequently irregular migrants attention during the implementation of (Wooding and Moseley-Williams 2004; this antitrafficking initiative (Petrozziello Seelke 2011). Generally, people from and Wooding 2011; Tejeda and Wooding impoverished regions on the periphery 2012). While the government framed it as of development move to areas of a human rights issue and considered the marginally improved living standards differential ways in which gender influenced (Martinez 1996). Irregular migrants end vulnerability to human trafficking, the up in especially vulnerable positions absence of an intersectional perspective and are consequently susceptible to resulted in a binary interpretation of protracted human rights violations, and gender and human trafficking. This this is especially true for Haitians in the interpretation fed into predetermined Dominican Republic (Ferguson 2003; assumptions that victims were more than IOM 2017). Social class, then, is one likely women and perpetrators were more aspect of intersectional, marginalising than likely men. Even with this ‘women- identities which contributes to structural and-children’ bias, policy makers may still causes of trafficking. have ignored vulnerable Haitian migrant Migration is not just a pursuit of a women. An intersectionality framework of better life; it is often an escape from analysis may therefore be more helpful in the challenges faced at home. People revealing the vulnerabilities of this group of lower social classes are exposed of women, and of Haitian migrants in to various kinds of vulnerabilities general. within their own societies. Economic, 138 ACADEMIC SECTION OxMo Vol. 8, No. 2 political, and environmental crises have 2013; 2018). In addition to social differential impacts on the society and marginalisation, these migrants have often force the most socially vulnerable, limited access to vital services. They the poor with little opportunities to cope, are often met with political and social to migrate. Underdevelopment plagues hostility, and several barriers to accessing Haiti which suffers from chronic food health care, education, and the justice insecurity in a context of considerable system. Over 43 percent of Haitian rural poverty and extreme polarisation migrants have only a primary education, between the rich minority and the while 35 percent have less than primary poor majority. This economic situation level education. This is in stark contrast is compounded by persistent political to other migrants in the Dominican instability. Furthermore, the successive, Republic, most of whom (82 percent) catastrophic natural disasters sealed the have tertiary level education (OECD fate of many Haitians, forcing them to and ILO 2018). These socio-economic seek temporary or permanent solutions conditions predispose Haitian migrants, across the shared border (Felima 2009; more so than others, to working in the Lundahl 2013). In addition to these informal sector doing so-called 3D jobs push factors, there is also a demand for – dirty, dangerous and demeaning/ cheap, migrant labour in the Dominican difficult. They work primarily in Republic, which has been experiencing agriculture, construction, and domestic sustained economic growth and services – areas in which they have been development (OBMICA 2016; 2017; particularly prone to exploitation with 2018; OECD and ILO; 2018). very little opportunities for recourse Impoverished Haitians, however, lack if abused (ONE 2013; Wooding and the necessary resources to cover the Petrozziello 2013; OECD and ILO 2018). costs of migration and are therefore more This coupled with considerations of readily exploitable by unscrupulous the intersection of race, nationality and go-betweens. Lacking resources often citizenship (which will be discussed means taking unofficial or illegal below), renders these migrants multiply channels for migration and relying on marginalised, and therefore places them these middlemen to secure passage and in situations of extreme insecurity and employment (Cloud 2009; Petrozziello vulnerability. and Wooding 2011; Wooding and Petrozziello 2013). Their social status predisposes them to working in the Race, citizenship, and the vulnerable informal sector, providing unskilled migrant labour for low wages. They are often indebted to employers or smugglers The racialised relationship between who then hold this as a kind of Damocles Haitian migrants and their Dominican sword above them. This exploitable hosts reflect patterns of ‘otherness’ informal labour, therefore, reinforces based on social construction of in- their social status by locking them into groups and out-groups underpinned by a system with very little opportunity for assumed homogenous racial or ethnic upward mobility. social identities. Migrants are presented Haitian migrants, therefore, live in by the media, political actors, and precarious conditions characterised other powerful stakeholders as ‘suspect by poverty and deprivation (ONE, communities’ who do not belong to 139 ACADEMIC SECTION OxMo Vol. 8, No. 2 the host society (Breen-Smyth 2014; indio4 although phenotypically they may Anderson 2006). Discernible markers be considered negro5 (Gates 2011; Lamb of difference such as race or religious and Dundes 2017; Torres-Saillant 1998). practices function as symbolic barriers The resulting racialised, anti-Haitian between the immigrants and the host sentiment contributes to marginality societies and contribute to migrant and vulnerability. marginalisation (Zolberg and Woon 1999; In turn, the state has perpetuated Lucassen 2005; Anderson 2013; Erel et al. this racialized divide with policies 2016; Ibrahim and Howarth 2016). When such as those undertaken by former race and ethnicity are superimposed on dictator, Trujillo, who sought to whiten citizenship such that the racial category or “hispanify” the Dominican Republic influences the legal category, the result (Howard 2001; Ferguson 2003; Ricourt is a racialized demarcation between 2016). Such discrimination continues citizen and non-citizen (Calavita 2005; to be a major challenge for Haitian Guild 2009; Chavez 2013; Erel et al. immigrants, with institutionalised 2016). These symbolic boundaries then forms of othering through policies on contribute to essentialist stereotypes nationality and citizenship. Dominicans about the non-citizen ‘others’ who are of Haitian descent have struggled denied the legal right to belong (Bail to prove their citizenship not only 2008; Bridget Anderson 2013; Guild because of discriminatory practices of 2009; Pugh 2017; Hainmueller and state officials but also because their Hopkins 2015; Calavita 2005). ambiguous status in the country, as Dominican identity has historically well as their social circumstances act been constructed around an Indo- as barriers to accessing the proper Hispanic identity which is in opposition documentation (Ferguson 2003; to a black Afro-descendant identity OBMICA 2016; 2017; 2018). People ascribed to Haitian neighbours (Martinez in these conditions are vulnerable to 1999; Craemer and Martínez 2016; abuse and exploitation because they Candalario 2007; Simmons 2009). The do not have access to formal systems resultant antihaitianismo3 is a kind of such as education, justice, health and othering whereby Haitians embody the formal job market. They are more Dominicans’ cultural contrast and likely to be arrested and deported, ultimately pose a threat to their colonial or to end up working in exploitative heritage and culture (Martinez 1999; conditions (Cloud 2009; Kristensen and Guilamo 2013). Racial tensions affect Wooding 2013). not only Dominicans with Haitian Gendered conceptualisations of ancestry but also Dominicans with human trafficking do not effectively darker skin who do not fit the ‘Hispanic’ capture how the interplay of race ideal (Martinez 1999; Ferguson 2003; and citizenship create vulnerabilities Wooding and Moseley-Williams 2004; for migrants. Migrant bodies are Cloud 2009; Nolan 2015). Despite exploitable because they fall outside miscegenation in the Dominican of the ideal of the ‘embodied citizen’. Republic with more African than Indian If class, race, and access to citizenship are ancestry, most people self-identify as structural contributors to human trafficking, 4 Indian (indigenous) 3 Anti-Haitianism 5 Black 140 ACADEMIC SECTION OxMo Vol. 8, No. 2 and if these factors are indeed causing trafficked relationship. Therefore, rather the marginality of Haitian migrants then than focusing on a broader set of extreme one would expect Haitians – not just forms of exploitation, policymakers place Haitian women – to figure prominently in emphasis on women and children who are any trafficking data from the Dominican trafficked for commercial sex or adoption Republic. Similarly, one could expect (Wooding and Moseley-Williams 2004; that specific anti-trafficking measures Seelke 2011). Herein lies the cognitive would target this population. In the bias which Meshkova et al. (2015) suggest following section we will examine how exists in antitrafficking policies. an intersectional perspective highlights The persistent focus on women and fissures in traditional ‘women-and-children’ children victims in Western countries assumptions about human trafficking. is consistent with the interpretation of human trafficking as largely being for the purposes of sexual exploitation or more Intersectionality and the gendered specifically, prostitution. It is, therefore, trafficker-trafficked dichotomy informed by moralizing, anti-prostitution sentiments in western Judeo-Christian ‘Discourse about trafficking continues to cultures, as well as among lobby groups rest on moral indignation about violations which frame prostitution as inherently of womanhood, and support migration- exploitative (Sharma 2005; Gallagher management policies and tighter border 2010). Add to this the fact that the controls – greater policing of migrant and intersection of race, gender, and class third world populations’ (Kempadoo 2007: cause some female bodies – women 82). Persistent machismo – the strong of colour – to be more likely victims of patriarchal social system in Latin American trafficking (Butler 2015). These ‘outsiders’ societies – is a major driver for trafficking or multiply marginalised groups do not because it perpetuates discrimination ‘embody’ the ideal citizen but rather by against women and children (Wooding their very identity and the activity which and Moseley-Williams 2004; Seelke they pursue – prostitution in this case 2011; OBMICA 2016). These strong – they contravene certain sociocultural gender prejudices are indeed factors of norms (Russell 2016). This legitimises vulnerabilities for women and children as the exploitation of these populations, they result in entrenched forms of social, for example Haitian women, who find cultural, economic, and political exclusions themselves in a social hierarchy of (IOM 2006; Belliard 2008; Petrozziello inferiority and vulnerability ‘as women and Wooding 2011; UNFPA 2012; (not men), Haitian (not Dominican), IOM and INM RD 2017). Subjugation, dark-skinned Afro-descendants (instead exclusion, and the structural as well of “Indian” mulattos), poor (not rich as somatic violence of this patriarchal or middle-class), and undocumented’ system tacitly legitimate the idea that (Petrozziello and Wooding 2011:43). power imbalances between men and This creates a binary that opposes women in such a system make the latter the ‘women-and-children’ victim to the exploitable. These gendered assumptions male perpetrator. Russell (2016:319) in turn shape the discourse around human talks about an ‘essentialized version of trafficking in general, as it is assumed identity – victim of trafficking’, which has that the male-female power dynamics a dual role of enabling and disabling. This map onto a corresponding trafficker- identity creates boundaries, opening 141 ACADEMIC SECTION OxMo Vol. 8, No. 2 possibilities for protection on the one movement from places of economic blight hand and on the other hand closing to more prosperous countries (UNODC doors to agency. Victimhood comes with 2014; 2016). an image of helplessness and a need to As demonstrated in Table 2 below, be rescued (Russell 2016). The state is published results of anti-trafficking expected to provide protection for this efforts over the last three years in the victim based on obligations outlined in Dominican Republic reveal that only the Palermo Protocol as well as national women and children were identified legislation. Being categorised as a victim as victims of trafficking and were given is, therefore, essential to accessing the assistance by the state. If forced labour is protection mechanisms of the state. recognized as a form of human trafficking In this context, gendered stereotypes and exists in male-dominated industries around trafficking become disqualifiers such as agriculture and construction; and for some groups of trafficked persons. if there has been a steady increase in the It is less likely that a man would be cases of trafficked men globally and in considered as a trafficked person, for the Latin America and Caribbean region, example, because he doesn’t fit the then one could ask: ‘where are the men ideal identity of the victim. in this data?’ Unless the Dominican Here, the UNODC’s Global Report Republic is singular in Latin America on Trafficking published since 2009 is a and the Caribbean, the regional trend useful complement to data presented suggests that at least some adult male in more recent government reports. victims of trafficking should be captured Between 2003 (when the Dominican anti- in this data. trafficking law was passed) and 2008, The male-dominated construction some 265 cases of adult female victims industry in the Dominican Republic, versus seven adult male victims were where over 80 percent of the labourers referred to the Center of Orientation are Haitians, is prone to extreme forms and Integral Investigation. Furthermore, of exploitation. A 2012 study highlighted 254 of these cases were for sexual four broad types of exploitative practices exploitation while only 16 were related (OBMICA 2012). Firstly, there was unfree to labour exploitation, and two related recruitment whereby employers used to forced marriage (UNODC 2009). deceptive recruitment practices and Both the 2014 and the 2016 reports confiscate the documents of the workers. highlighted a decrease in the instances Secondly, without documents, laborers of women being trafficked globally and were tied to their employers, not being an increase in the trafficking of children able to seek work elsewhere or prove and men. Globally, men were averaging their immigration status to authorities. around 30 percent of victims while forced Furthermore, they were forced to stay labour accounted for about 40 percent longer than had been agreed without of all cases of trafficking. In fact, in Latin getting the wages that were due. Thirdly, America and the Caribbean, forced labour they were assigned the most hazardous accounted for more than half of detected jobs without any form of protection. cases. For the Dominican Republic, the Labourers were often threatened with reports suggested that there was still a dismissal, deportation, or even death. heavy flow of victims of trafficking from Finally, migrant construction workers Haiti especially since a characteristic of the were in conditions of life and work under flow of trafficking in the region involved duress: forced overtime beyond legal 142 ACADEMIC SECTION OxMo Vol. 8, No. 2 limits; limited freedom of movement; effect that gendered perspectives on threat of physical violence; exclusion trafficking have of excluding women from future employment; threat of from consideration as perpetrators imprisonment (OBMICA 2012). themselves. As an illustration, the widely Subsequent migration reports have practiced phenomenon restaveks, which highlighted that similar conditions originated in Haiti, involves using Haitian persist (OBMICA 2016; 2017; 2018). children to work as indentured, unpaid Intersectional identities make Haitians laborers in domestic servitude under vulnerable to trafficking as an exploitable extreme conditions of physical, verbal, labour force in the construction industry. and sexual abuse. The children are often Yet, this predominantly male labour force forced to work as mendicants or perform does not appear on the antitrafficking paid sexual favours in order to contribute radar, because men are not ‘victims of to their indebtedness to the household trafficking.’ One can consequently infer that offers them shelter (Cloud 2009; that the fundamental flaw lies at the Seelke 2011). However, the gendered point of problem definition – gendered trafficking discourse tends to mask the conceptualisations of trafficking seem role that women play either as initiators, to have precluded men from being facilitators, or perpetrators of this considered as victims of trafficking by exploitative process. To the credit of the the Dominican authorities. Assumptions Dominican Republic, their prosecution about female victimhood have effectively record, as shown in Table 3 below, excluded the possibility for there to be demonstrates an acknowledgement male victims. Instead there are narrow that men and women alike may be perceptions of forms of trafficking and perpetrators of trafficking. Yet this kinds of victims, which carry through to acknowledgement is still closely related anti-trafficking policy and the collection of to gendered and sexualised conceptions trafficking data (Meshkovska et al. 2015). of human trafficking. Policymakers assume that women traffickers are often involved in trafficking of other Victims Identified women and young children for sexual 2016 2017 2018 and Assisted exploitation (Ministerio de Relaciones Males (minors) 20 13 71 Exteriores 2017; 2018; 2019; OBMICA, 2018; Vargas, 2019). Therefore, they Females (minors) 63 44 0 still are not considered as possible Females (adults) 74 45 25 perpetrators of other forms of trafficking Males (adults) 0 0 0 such as forced labour. Total 157 102 96 Further, the three official reports from the Dominican government from 2016 Table 2. Human Trafficking Statistics for the Dominican Republic to 2018 neither mention Haitians broadly nor Haitian women more specifically Source: Ministry of Foreign Affairs, Dominican Republic – Informe del Gobierno de la Republica as victims of trafficking (Ministerio de Dominicana Sobre Acciones en Materia de la Trata Relaciones Exteriores 2017; 2018; 2019). de Personas y el Tráfico Ilícito de Migrantes This is, however, in stark contrast to the evidence presented in other sources. The IOM has highlighted trafficking of Haitians The disparities presented here across the shared border as an enduring also lead us to consider the dual feature of population flows between 143 ACADEMIC SECTION OxMo Vol. 8, No. 2 Convicted were 52,348 cases of smuggled Haitians 2016 2017 2018 Perpetrators in 2017 and 134,605 in 2018 (Ministerio Male 6 9 4 de Relaciones Exteriores 2018; 2019). The possibility for conflating smuggling and Female 7 6 3 trafficking has been raised by critics who Table 3. Convictions for Human Trafficking suggest that without a clear mechanism Source: Ministry of Foreign Affairs, Dominican for identification, antitrafficking efforts Republic – Informe del Gobierno de la Republica have an intrinsic loophole for the Dominicana Sobre Acciones en Materia de la Trata confusion of trafficking victims with other de Personas y el Tráfico Ilícito de Migrantes forms of irregular migration or smuggling (Bruch 2004; Gallagher 2010; Gómez- the two countries because of economic, Mera 2016), and this has certainly been political, and environmental factors which the case for Haitian migrants in the render them particularly vulnerable (IOM Dominican Republic (Petrozziello and 2006; IOM and INM RD 2017). In fact, Wooding 2011). Petrozziello and Wooding (2011), having This then illustrates that anti-trafficking conducted extensive qualitative studies policies that conceptualise trafficking with Haitian women along the border, in gendered dichotomies of male concluded that migrant Haitian women perpetrator and female victims are are especially vulnerable to various forms fundamentally flawed because they of exploitation including those linked to may still exclude multiply marginalised trafficking. This vulnerability is related women. In this case, the state disqualifies to, among other factors, the fact that poor, dark-skinned Haitian women from they work in precarious conditions in the being considered as victims of trafficking, informal sectors with little or no regulation and therefore from accessing protection. and hardly any vigilance over working The intersectional identity then plays a conditions, whether it be sex work or dual role of rendering the Haitian woman domestic labour. Yet, Haitian women do vulnerable to trafficking on the one hand not appear in official trafficking data. and invisible to anti-trafficking efforts on The antitrafficking regime has the other. She is, therefore, marginalised historically functioned along racial lines by disempowering structural forces and focusing initially on the trafficking of subject to continued exploitation because white women (Bruch 2004). This suggests she does not embody the ideal victim. that some bodies were more worthy of As poor, foreign, black, Haitian, and a victimhood. In the Dominican Republic, woman, she is not the embodied citizen. Haitian women are entirely absent from The Dominican woman, however, and official data on human trafficking. The the phenotypically and culturally similar trafficked victims identified in official Venezuelan are worthy of victimhood reports are primarily Dominicans and and therefore worthy of the state’s anti- Venezuelans, consistent with previous trafficking efforts. critiques of the implementation of the Ironically, it is this same heightened government’s antitrafficking policy – that discrimination against multiply is, the focus was largely on Dominicans marginalised groups such as Haitians, while ignoring the trafficking of Haitians which puts them on the radar of anti- (Petrozziello and Wooding 2011). There smuggling efforts (Petrozziello and were no reported cases of trafficking of Wooding 2011; Tejeda and Wooding Haitians recorded since 2016 yet there 2012). Since smuggling is a criminal 144 ACADEMIC SECTION OxMo Vol. 8, No. 2 activity for both the smuggler and the Conclusion smuggled, this label appears more fitting for the body of ‘the other’, the contrast This paper has argued that gendered of the ideal citizen. These bodies are not framings of human trafficking offer a only exploitable but also excludable. distorted view and result in ill-adapted The state has no obligation to provide antitrafficking policies, which neither protection for a smuggled migrant target a representative set of forms because he or she is a criminal (Gallagher of trafficking nor attend to the broad 2010), and therefore the state can use spectrum of potential victims. Historical this as a pretext to exclude the Haitian. biases in the anti-trafficking regime Here, the multiply marginalised person is towards trafficking for sexual exploitation not worthy of victimhood, yet the state are partly to be blamed for this, and it imputes agency to this disempowered certainly has not helped that the Palermo person by establishing that she chose to Protocol explicitly elevates ‘especially be smuggled across the border. women and children’ as victims. It is not the intention of this paper Furthermore, the heavy emphasis on to argue whether men or women are criminal justice has caused prosecuting more frequently perpetrators or victims the perpetrator to take precedence respectively. Rather it argues that over protecting the victims. Yet, the gendered perspectives determine who is flaw is not entirely on the framing of victim or perpetrator and that these binary the human trafficking outlined in the identities shroud broader processes of Palermo Protocol. Rather, it is a question exploitation affecting Haitian migrants of narrow interpretation. Here, a gender – children and adult, women and men. and human security analysis provides Here, scholars of intersectionality remind a useful framework for considering the us that marginalised populations do vulnerability of marginalised groups and not have homogenous experiences the broader forms of trafficking to which (Crenshaw 1989; 1991; Butler 2015). Class they may be subjected. and race, intersecting with gender, result We have examined how intersectional in significant power differences within identities and the resultant multiple the category of women such that a poor marginalities fuel the vulnerability of Haitian woman, for example could be Haitian migrants and result in multiple multiply marginalised vis-à-vis a middle- exclusions vis-à-vis the antitrafficking class – or even poor – Dominican woman. regime – exclusions that make them Furthermore, even as the gendered potential victims of trafficking and prevent dichotomy is flawed, the victim/trafficker them from being recognised as such. dichotomy is also not as rigid as policy Haitians who do not embody the ideal prescriptions suggest (Warren 2012). In educated, Hispanic, male Dominican fact, the labels of powerless victims and citizen in a context where Hispanidad and cruel traffickers are often imbued with machismo are revered, are in positions moralising judgements of the sex trade of insecurity and exploitability (Martinez in general (Sharma 2005; Lobasz 2012). 1999; Seelke 2011). Yet, assumptions These judgements and the policies they about trafficking and victimhood inform obscure more fluid dynamics become problematic for both male and between trafficker and trafficked and female victims. Antitrafficking initiatives ignore the agency of supposed victims focused on women and children (Warren 2012; Russell 2014). overlook men as possible victims even 145 ACADEMIC SECTION OxMo Vol. 8, No. 2 though Haitian migrant men are exposed The author to various forms of exploitative and Jean-Pierre Murray is a Doctoral Candidate in forced labour conditions in industries Global Governance and Human Security at the such as construction. Furthermore, University of Massachusetts Boston; an Assistant marginalised Haitian women who are Lecturer at the University of West Indies, Mona; vulnerable because of the intersection of and an Associate Researcher at the Centro para la race, class, and gender, have not been Observación Migratorio y el Desarollo Social en el deliberately targeted by Dominican Caribe (OBMICA). His research interests include antitrafficking policies and do not appear global and regional governance, transnational in the state’s official human trafficking organized crime (drug trafficking and human data. Thus, sexualised and gendered trafficking), critical security studies (securitization theory), migration, Latin America and the conceptualisations of trafficking do not Caribbean. His dissertation research focuses on attend to the vulnerabilities of the most the securitization of South-South migration in the marginalised populations. Latin America and Caribbean region. 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This hostel in Bayswater was the only solution. There was a kitchen where hostel guests could cook their lunch or dinner. The sign above the sink amused us. Journey Signs of Asylum Seeking Ernest Zhanaev This project tells a six-month in the streets of London, Birmingham, photographic story which I started Leicester and some of them in the when I applied for asylum in the United housing rented by Home Office in 2015. Kingdom, wandering across the country Discovering England by travelling while living in hostels or accommodation and residing in different places brought provided by Home Office. I took these me an understanding how people live photographs on a smartphone to outside London. Born in the Soviet capture the signs of the surrounding Union, I see things that are very much environment I saw. I spotted the signs familiar but I am also challenged by 151 ARTISTIC AND CREATIVE EXPRESSIONS OxMo Vol. 8, No. 2 previously unknown things, unsure of language within such signs that attract the truth and beliefs within the language the depressed mind squeezed in the and instructions reflected in these signs. everyday circumstances of uncertainty, bureaucracy, and poverty. To me, the ‘Journey Signs’ should tell the viewer tendency to notice only slogans full of that an asylum seekers’ world during negativity reflects the mental state of the application process is a very narrow those who spot them. It made me feel one. The signs I chose to capture are as if I am still an outsider, detached from not necessarily positive and can lead to the real positivity of the environment I anxiety that overwhelms asylum seekers have come to live in and narrowing my like myself. It is these extremities in the world into a corridor of signs and words. POLICE ARE AWARE. The smell of smoke lingered in the corridors, as well as anti- social behaviour among the residents of the house. Yet the other asylum seekers I met who live here almost never complain or violate any rule. 152 ARTISTIC AND CREATIVE EXPRESSIONS OxMo Vol. 8, No. 2 WHO PROTECTS WHAT? The sign fencing a demolished area said there were trees behind it to protect. I did not know what trees exactly, perhaps they were far in the distance or this was an outdated sign of another place. What struck me was the dissonance of offering protection to something which had become a place of ruins and neglect rather than people seeking asylum. 153 ARTISTIC AND CREATIVE EXPRESSIONS OxMo Vol. 8, No. 2 EMERGENCY ACCOMMODATION. Spelling mistakes in signs are a reminder of bureaucratic mistakes in asylum procedures, putting obstacles in the path towards refugees’ freedom and independence. 154 ARTISTIC AND CREATIVE EXPRESSIONS OxMo Vol. 8, No. 2 WINDOW WARNINGS. Stained bedding and smeared walls are nothing if even windows are covered by something unpleasant, with warnings obscuring the view and tarnishing the perspective of the outside world. The photographer Ernest Zhanaev is a human rights writer and consultant based in the UK since 2014. He was instrumental in making the Kyrgyzstan parliament adopt the UN Optional Protocol to the Convention Against Torture and latter to pass legislation for greater financial transparency in electoral law. He also edited English news for the independent Ferghana News covering developments in Central Asia. Now a consultant for international organisations and think tanks, Ernest researches human rights issues in post-Soviet countries specialising on freedom of speech, social and political development. 155 OxMo Vol. 8, No. 2 156