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Begin New Search Topic Border Control Content Type Journal Article Publication Year within 10 Years

41. Kidnapped, Trafficked, Detained? The Implications of Non-state Actor Involvement in Immigration Detention

Author:
Michael Flynn
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Global migration challenges are reinforcing long-standing trends that involve shifting immigration control measures beyond national borders and incorporating new actors into detention systems. Proposals to shape migration management policies — including discussions on developing a Global Compact for Migration — recognize the need to involve a range of actors to implement humane and effective strategies. However, when observed through the lens of immigration detention, some policy trends raise challenging questions, particularly those that lead to increasing roles for non-state actors in migration control. This article critically assesses a range of new actors who have become involved in the deprivation of liberty of migrants and asylum seekers, describes the various forces that appear to be driving their engagement, and makes a series of recommendations concerning the role of non-state actors and detention in global efforts to manage international migration. These recommendations include: ending the use the detention in international migration management schemes; limiting the involvement of private companies in immigration control measures; insisting that the International Organization for Migration (IOM) actively endorse the centrality of human rights in the Global Compact for Migration and amend its constitution so that it makes a clear commitment to international human rights standards; and encouraging nongovernmental organizations to carefully assess the services they provide when operating in detention situations to ensure that their work contributes to harm reduction.
Topic:
Migration, Non State Actors, Border Control, and Refugees
Political Geography:
Global Focus

42. The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions

Author:
Daniel Kanstroom
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article considers the relationship between two human rights discourses (and two specific legal regimes): refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article’s main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article’s basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement), and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states on generally applicable deportation systems, led in large measure by the United States’ radical 25 year-plus experiment with large-scale deportation. Europe has also witnessed a rising tide of deportation, some of which has developed in reaction to European asylum practices. Deportation has been facilitated globally (e.g., in Australia) by well-funded, efficient (but relatively little known) intergovernmental idea sharing, training, and cooperation. This global expansion, standardization, and increasing intergovernmental cooperation on deportation has been met by powerful — if in some respects still nascent — human rights responses by activists, courts, some political actors, and scholars. It might seem counterintuitive to think that emerging ideas about deportation protections could help refugees and asylum seekers, as those people by definition often have greater rights protections both in admission and expulsion. However, the emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons. First, what Matthew Gibney has described as “the deportation turn” has historically been deeply connected to anxiety about asylum seekers. Although we lack exact figures of the number of asylum seekers who have been subsequently expelled worldwide, there seems little doubt that it has been a significant phenomenon and will be an increasingly important challenge in the future. The two phenomena of refugee/asylum protections and deportation, in short, are now and have long been linked. What has sometimes been gained through the front door, so to speak, may be lost through the back door. Second, current deportation human rights discourses embody creative framing models that might aid constructive critique and reform of the existing refugee protection regime. They tend to be more functionally oriented, less definitional in terms of who warrants protection, and more fluid and transnational. Third, these discourses offer important specific rights protections that could strengthen the refugee and asylum regime, even as we continue to see weakening state support for the basic 1951/1967 protection regime. This is especially true in regard to the extraterritorial scope of the (deporting) state’s obligations post-deportation. This article particularly examines two initiatives in this emerging field: The International Law Commission’s Draft Articles on the Expulsion of Aliens and the draft Declaration on the Rights of Expelled and Deported Persons developed through the Boston College Post-Deportation Human Rights Project (of which the author is a co-director). It compares their provisions to the existing corpus of substantive and procedural protections for refugees relating to expulsion and removal. It concludes with consideration of how these discourses may strengthen protections for refugees while also helping to develop more capacious and protective systems in the future.
Topic:
Human Rights, International Cooperation, Border Control, Refugees, and Humanitarian Crisis
Political Geography:
Africa, United States, Europe, France, South Africa, Germany, Australia, Mexico, and Global Focus

43. The Idolatry of Force: How Israel Embraced Targeted Killing

Author:
Paul Aaron Gaston
Publication Date:
06-2017
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
Not until the Second Intifada did assassination emerge as an explicit, legally codified, and publicly announced doctrine of so-called targeted killing in Israel. This study, the first of a two-part series, explores the doctrine’s historical roots and ideological lineage and tracks its rise under the premiership of Ariel Sharon. Targeted killing became institutionalized not just to reduce direct and imminent threats against Israelis but also to mobilize electoral support, field- test weapons and tactics, and eliminate key figures in order to sow chaos and stunt the development of an effective Palestinian national movement. The study frames the analysis within a wider meditation on Israel’s idolatry of force. As much symbolic performance as military technique, targeted killing reenacts and ritualizes Palestinian humiliation and helplessness in the face of the Zionist state’s irresistible power, making this dynamic appear a fact of life, ordained and immutable.
Topic:
International Organization, International Affairs, Armed Forces, and Border Control
Political Geography:
Israel

44. A Newer Hamas? The Revised Charter

Author:
Khaled Hroub
Publication Date:
06-2017
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
On 1 May 2017, Hamas released its “Document of General Principles and Policies” following years of periodic speculation that the movement was working on a new political platform. Heralded by some as a significant milestone in Hamas’s political thought and practice, the document reiterates longstanding positions but also lays out some new ones. Given the timing of its release, as well as its contents and possible implications, the document could be considered Hamas’s new charter: it details the organization’s views on the struggle against “the Zionist project” and Israel and outlines its strategies to counter that project. This essay aims to provide a fine-grained analysis of the substance, context, and ramifications of the recently released document. The discussion starts with an overview highlighting aspects of the document that could be considered departures from Hamas’s original 1988 charter, and pointing to changes in the movement’s discourse, both in form and substance. A contextual analysis then probes the regional, international, and internal impetuses behind the issuance of the document. Finally, the discussion concludes with a look at the possible implications for the movement itself, as well as for the Palestinians and for Israel.
Topic:
International Security, International Affairs, Border Control, and Geopolitics
Political Geography:
Palestine

45. Refugees Flee into Yunnan After Renewed Violence Along Myanmar Border

Author:
Peter Wood
Publication Date:
03-2017
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Violence along China’s border with Myanmar is threatening yet again to spill across into Yunnan Province. According to the Chinese Ministry of Foreign Affairs, more than 20,000 refugees have fled into Yunnan after renewed fighting between the Kachin Independence Army and Myanmar’s Armed Forces (Tatmadaw). These refugees are the second wave after more than 3,000 fled into China in late November 2016. In response, the prefectural government has begun setting up temporary shelters (Guanchazhe, November 22, 2016). It is unclear how it will cope with the much larger, second wave.
Topic:
Refugee Issues, Military Affairs, Border Control, and Conflict
Political Geography:
China, Asia, and Myanmar

46. Producing Undesirables at the Border. Border Control Practices at a European Airport | La fabrique des indésirables Pratiques de contrôle aux frontières dans un aéroport européen

Author:
Andrew Crosby and Andrea Rea
Publication Date:
09-2016
Content Type:
Journal Article
Journal:
Cultures & Conflits
Institution:
Cultures & Conflits
Abstract:
Based on empirical research in a European airport, this article analyses how border guards control third-country nationals by advancing an anthropology of the power of border control as exhibited by the use of symbolic violence and discretionary state power. Leaning on the theories of street-level bureaucracies and organizations, we analyze the work practices, professional routines and organization of the work of border guards in order to show how border guards activate and constitute the border and the control of mobility. We argue that control at the airport is based both on the influence of the network-border and on a dramaturgical performance of bureaucratic governance, which is meant to create legitimate travelers and undesirable passengers, while circumventing potential protests of the latter and simulating accountability toward the broader public of citizens. As such, border control is more of a symbolic act than an efficient tool of immigration policy.
Topic:
Immigration, Border Control, Borders, and Bureaucracy
Political Geography:
Europe

47. The Right to Leave by Sea: Legal Limits on EU Migration Control by Third Countries

Author:
Nora Markard
Publication Date:
07-2016
Content Type:
Journal Article
Abstract:
The EU and its member states are progressively involving third countries in their border control measures at sea. Relevant instruments of cooperative migration control range from capacity building measures to joint patrols in third-country territorial waters and shared surveillance intelligence on ship movements. So far, the discussion on migration control at sea has mainly focused on the illegality of ‘push-backs’ of migrant boats by EU member states to their point of departure. By contrast, the increasing incidence of departure prevention or ‘pull-backs’ by third countries in the service of EU member states has been largely neglected. In particular, such measures raise grave concerns with respect to the right to leave any country, including one’s own. Of central importance during the Cold War, this human right is of no lesser relevance at Europe’s outer borders. This paper explores to what extent departure prevention and pull-back measures are compatible with the right to leave and the law of the sea and discusses the responsibility of EU member states for internationally wrongful acts committed by third countries in such cooperative migration control scenarios.
Topic:
Human Rights, International Law, Migration, Border Control, and Maritime
Political Geography:
Europe and European Union

48. The Lampedusa Border. Setting the plot around security and humanitarianism | La frontière Lampedusa. Mises en intrigue du sécuritaire et de l’humanitaire

Author:
Paolo Cuttitta
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Cultures & Conflits
Institution:
Cultures & Conflits
Abstract:
This paper presents the island of Lampedusa as the theatre stage on which the “border play” of immigration control is performed. The paper first introduces the performers and spectators of the play, outlining their roles and places with respect to the architecture of the theatre space as well as the dramaturgy of the play. Next, the paper analyses the five acts of the play, notably examining the time period in which each of them transpires and the most marking or spectacular events. Each act is analysed with regard to its dominant narratives. The war against irregular migration is waged and justified in resorting to two different narratives: one being security, and the other humanitarian. On the Lampedusa stage, while both narratives take turns commanding the scene, they both are in fact always present. The two rhetorics are intertwined with one another, and together they contribute to constituting and strengthening the policies and practices of migration and border control.
Topic:
Security, Humanitarian Aid, Immigration, Border Control, and Borders
Political Geography:
Europe, Italy, and Lampedusa

49. Recurring Border Crises: Permanent Exception in Spain | Récurrence de la crise frontalière : l’exception permanente en Espagne

Author:
Lorenzo Gabrielli
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Cultures & Conflits
Institution:
Cultures & Conflits
Abstract:
This article analyses the “bordering” process in Spain, notably with regard to its relation to ever-reoccurring “migration crises” at certain areas of the border. More specifically, it addresses the ways in which a structural phenomenon such as illegal immigration is politicized and managed as “exceptional” at the Spanish border. To better understand this dynamic, it analyses, on the one hand, the case of Ceuta and Melilla as pivotal sites of the execution of emergency, and, on the other hand, the Canary Islands as a temporary hotspot. Then, it decodes the elements hidden by the Spanish “bordering by crises” approach and its consequences. In particular, it exposes the way in which emergency management produces a de facto state of exception and excess at segments of the border carrying particular symbolic significance. Finally, it addresses the reasons behind this constant emergency management, namely asking whether emergency management provides an escape from the constraints imposed by fundamental and basic rights.
Topic:
Migration, Governance, Border Control, and Borders
Political Geography:
Europe, Spain, and Canary Islands

50. Lesbos, the Island of Barriers. Migration and Containment at the Greece-Turkey Border | Lesbos, l’île aux grillages. Migrations et enfermement à la frontière gréco-turque

Author:
Laurence Pillant and Louise Tassin
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Cultures & Conflits
Institution:
Cultures & Conflits
Abstract:
Based on two separate studies in sociology and geography, this article emphasizes the effects of “armour-plating” borders in the European Union through a focus on the confinement measures used on migrants at the Greece-Turkey border. Analysing both the construction and contention of detention centres on Lesbos Island, this paper shows that migration control is situated in a myriad of formal as well as informal sites, therefore going beyond the walls of official centres and sanctioning the immobilization or locking up of migrants. Consequently, this article places official detention centres and spaces created by civil society in a wider continuum. While the latter provide an alternative form of detention, in extending and reproducing logics of confinement, in the end, they too build barriers.
Topic:
Migration, Sociology, Border Control, Refugees, and Geography
Political Geography:
Europe, Turkey, and Greece