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v.v. 12 13 n. n. 21 23 São São Paulo Paulo Ago. Jul. 20152016 international journal on human rights issue 23 EDITORIAL TEAM EDITORIAL BOARD ADVISORY BOARD Christof Heyns. University of Pretória | South Africa Alejandro M. Garro. Columbia University | United States Emilio García Méndez. University of Buenos Aires | Argentina Bernardo Sorj. Federal University of Rio de Janeiro / Edelstein Fifi Benaboud. North-South Centre of the Council of Europe | Center | Brazil Portugal Bertrand Badie. Sciences-Po | France Fiona Macaulay. Bradford University | United Kingdom Cosmas Gitta. UNDP| United States Flávia Piovesan. Pontifical Catholic University of São Paulo | Brazil Daniel Mato. CONICET / National University of Tres de Febrero | J. Paul Martin. Columbia University | United States Argentina Kwame Karikari. University of Ghana | Ghana Daniela Ikawa. International Network on Economic, Social and Mustapha Kamel Al-Sayyid. Cairo University | Egypt Cultural Rights / Columbia University | United States Roberto Garretón. Former-UN Officer of the High Ellen Chapnick. Columbia University | United States Commissioner for Human Rights | Chile Ernesto Garzon Valdés. University of Mainz | Germany Upendra Baxi. University of Warwick | United Kingdom Fateh Azzam. Arab Human Rights Fund| Lebanon EDITOR Guy Haarscher. Université Libre de Bruxelles | Belgium Oscar Vilhena Vieira Jeremy Sarkin. University of the Western Cape | South Africa EXECUTIVE EDITORS João Batista Costa Saraiva. Regional Jurisdiction for Children and Oliver Hudson. Managing Editor Adolescents of Santo Ângelo/RS | Brazil Deisy Ventura. Guest editor José Reinaldo de Lima Lopes. University of São Paulo | Brazil Neia Limeira. Editorial Assistant Juan Amaya Castro. VU University Amsterdam/ University for EXECUTIVE BOARD Peace | Costa Rica Albertina de Oliveira Costa Lucia Dammert. Global Consortium on Security Transformation | Chile Ana Cernov Lucia Nader. Open Society Foundations Fellow | Brazil Camila Asano Luigi Ferrajoli. University of Rome | Italy Conrado Hübner Mendes Luiz Eduardo Wanderley. Pontifical Catholic University of São Glenda Mezarobba Paulo | Brazil Jessica Carvalho Morris Malak El-Chichini Poppovic. Conectas Human Rights | Brazil Juana Kweitel Maria Filomena Gregori. University of Campinas | Brazil João Paulo Charleaux Maria Hermínia Tavares de Almeida. University of São Paulo | Brazil Laura Waisbich Miguel Cillero. University Diego Portales | Chile Marcos Tourinho Mudar Kassis. Birzeit University | Palestine Rafael Custódio Paul Chevigny. New York University | United States REFERENCES Pedro Paulo Poppovic | Brazil Renato Barreto Philip Alston. New York University | United States Tânia Rodrigues Roberto Cuéllar M. Inter-American Institute of Human Rights | Costa Rica LANGUAGE REVISION Roger Raupp Rios. Federal University of Rio Grande do Sul | Brazil • SPANISH Shepard Forman. New York University | United States Celina Lagrutta Víctor Abramovich. University of Buenos Aires | Argentina Josefina Cicconetti Victor Topanou. National University of Benin | Benin • PORTUGUESE Vinodh Jaichand. University of the Witwatersrand | South Africa Marcela Vieira DESIGN Renato Barreto Letícia Coelho • ENGLISH COVER PHOTO Editorial Board - The Bernard and Audre Rapoport Carol Quintanilha Center for Human Rights and Justice, University of Texas, Austin. CIRCULATION Sur Journal PRINTING AlphaGraphics SUR. Revista Internacional de Direitos Humanos, São Paulo, SP: Rede Universitária de Direitos Humanos, [2004-2015] SUR. Revista Internacional de Direitos Humanos, São Paulo, SP: Associação Direitos Humanos em Rede, 2015- SUR is covered by the following abstracting and indexing services: IBSS (International Bibliography of the Social Sciences); ISN Zurich (International Relations and Security Network); DOAJ (Directory of Open Access Journals) and SSRN (Social Science Research Network). In addition, SUR is also available at the following commercial databases: EBSCO, HEINonline, ProQuest and Scopus. SUR has been rated A2, both in Colombia and in Brazil (Qualis). SUR. International Journal on Human Rights / Associação Direitos Humanos em Rede – Vol.1, No.1, January 2004 – Sao Paulo, 2004 - . Biannual ISSN 1806-6445 (Printed) ISSN 1983-3342 (Online) Published in English, Portuguese and Spanish. 1. Human Rights 2. UN I. Associação Direitos Humanos em Rede CONTENTS THE SUR FILE ON MIGRATION AND HUMAN RIGHTS WHO IS MIGRATING, TO WHERE AND WHY? CATHERINE WIHTOL DE WENDEN 17 New migrations Three emergent migrations: SASKIA SASSEN 29 an epochal change POLICY UNDER SCRUTINY High fences do not make MESSAOUD ROMDHANI 43 good neighbours JAMIL DAKWAR 49 Not so safe and sound The impact of international DEISY VENTURA 61 health crises on the rights of migrants MOVING FORWARD “Smugglers will always outwit, FRANÇOIS CRÉPEAU 77 outpace and outfox the governments” ZENÉN JAIMES PERÉZ 85 A force to be reckoned with PABLO CERIANI CERNADAS 97 Language as a migration policy tool CARTOONS ARES BOLIGAN 114 Cartooning for Peace BONIL BRANDAN GLEZ PAYAM ZLATKOVSKY LATUFF 127 INFOGRAPHICS DEISY VENTURA Infographics: & NATÁLIA ARAÚJO 131 Migration and Human Rights VIDEO ESSAY BIA BITTENCOURT, ISADORA 141 Mensajeros de las malas noticias BRANT, JOÃO WAINER & LUCAS FERRAZ CONVERSATIONS MICHAEL KIRBY 147 “The report created a sensation in the HRC” ESSAYS MAKAU MUTUA 159 Africa and the rule of law Protection policies SANDRA CARVALHO, ALICE DE 175 for human rights defenders MARCHI PEREIRA DE SOUZA & RAFAEL MENDONÇA DIAS Sovereign debt restructuring, JULIETA ROSSI 185 national development and human rights EXPERIENCES Fighting companies LISA CHAMBERLAIN 199 for access to information INSTITUTIONAL OUTLOOK LUCIA NADER & JOSÉ G. F. DE CAMPOS 211 Five reasons to fear innovation VOICES KUMI NAIDOO 225 When Africa unites LAURA DUPUY LASSERRE 233 Reflecting for the future LETTER TO THE READERS OLIVER HUDSON Managing Editor DEISY VENTURA Guest Editor for the Sur File THE SUR FILE One of the principal reasons the Sur International Journal on ON MIGRATION Human Rights moved to its new format after the publication of AND HUMAN the 20th commemorative edition was to ensure that it was always RIGHTS a relevant forum for discussion of contemporary human rights issues. This edition of the Sur File, which discusses Migration and Human Rights, could not be more pertinent. In preparing this edition of the Sur Journal the topic of migration has been constantly in the news. The violence in, for example Syria, Iraq and Afghanistan and the extreme poverty and repressive governments of certain countries in sub-Saharan Africa continue to generate large flows of refugees and migrants. In the first 6 months of 2016, over 2,800 people have already died in the Mediterranean as compared to 3,771 in 2015. This suggests that 2016 will become the deadliest year on record in the Mediterranean.1 Anti-immigrant sentiment is running high in Europe. As an example, after the recent referendum on UK membership in the European Union, which saw an ugly and divisive campaign that reinforced the idea of immigration being a threat to the country, videos of racist abuse filled social media while reports of hate crimes increased by 57 per cent. Meanwhile, a stalemate in the United States of America (U.S.) Supreme Court over the legality of President Obama’s executive orders for deferred action against deportation of irregular migrants, leaves millions of immigrants in a legal limbo.2 In Latin America, it is still not clear how the severe political and economic crises currently experienced by many countries will impact international migration flows. Unfortunately, there is a realistic fear that migrants and refugees may be doubly affected: in addition to the ongoing setbacks in the field of human rights in several states there is also the absence or lack of implementation of national laws that offer migrants and refugees the same rights as nationals. Paradoxically, the city of São Paulo, Brazil - a major 5 hub of international migration within Latin America - adopted a law implementing the Municipal Policy for the Immigrant Population,3 a few days before hosting the VII World Social Forum on Migrations.4 However, the implementation of this policy will face serious obstacles in a megalopolis that is marked by extreme inequalities, particularly in a country where the federal law on migration, which dates from the military regime, still prevails.5 The trend is clear and it is concerning: migrant populations are seen as a security issue with increasingly little regard for their fundamental rights or any attempt to understand the complexities behind the decision to migrate. The Sur File on Migration and Human Rights seeks to address this trend. It does this with the modest hope that by collecting a group of experts from academia, international organisations and civil society we can contribute to resetting this worrying imbalance that is being played out on the streets and in the corridors of power across the globe. The Sur File begins by asking the question “who is migrating, to where and why”? Responding to these questions are two of the leading academics on migration. Firstly, Catherine Wihtol de Wenden (France) sets out the key trends in migration today. In doing so, she debunks the myth that migration is a phenomenon that sees only migrants from the Global South moving to the North, noting that both regions have the same number – approximately 120 million - of migrants. Saskia Sassen (The Netherlands) then examines three new migratory flows – unaccompanied minors from
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