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1. Statelessness in West Africa: An Assessment of Stateless Populations and Legal, Policy, and Administrative Frameworks in Ghana

Author:
Raymond Atuguba, Francis Xavier, and Vitus Gbang
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Drawing on qualitative interviews that are complemented by the analysis of government policy documents, this study examines statelessness in Ghana. It addresses a range of policy, legal, institutional, administrative, and other politico-socioeconomic matters attendant to the concept. The study defines statelessness in its strict legal sense. It recognizes populations at risk of statelessness that may be restricted from benefiting from the protection and privileges of their host state. Persons identified by the study as stateless or at risk of statelessness include persons from traditionally nomadic migratory communities, former refugees, persons residing in border communities, members of Zongo communities, trafficked persons, and those affected by gaps in previous constitutions. The study also identifies the consequences of statelessness, including lack of access to healthcare, education, justice, and work. The study offers several recommendations to prevent and reduce statelessness in Ghana.
Topic:
Migration, Immigration, and Fragile States
Political Geography:
Africa and Ghana

2. Revisiting the Refugee–Host Relationship in Nakivale Refugee Settlement: A Dialogue with the Oxford Refugee Studies Centre

Author:
Ingunn Bjorkhaug
Publication Date:
09-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Uganda has long promoted refugee self-reliance as a sustainable livelihood strategy with progressive land-allocation and free-movement-for-work policies. Framed as a dialogue with Oxford University Refugee Studies Centre (“the Centre”), this article explores sustainable solutions that benefit refugees as well as the host populations that receive them. It explores the self-reliance opportunities that depend on the transnational, national, and local markets in which refugees participate. It acknowledges the Centre’s substantial work and welcomes its focus on economic outcomes. For Nakivale Refugee Settlement in Uganda, however, the discussion of “refugee economies” may not be complete without problematizing the effects on the host populations living alongside the refugees. Based on qualitative data collected at Nakivale in 2013 (concurrent with the Centre’s fieldwork), the article discusses the Centre’s market-based approach to refugee economies by emphasizing four essential considerations
Topic:
Migration, Refugees, Settlements, and Humanitarian Crisis
Political Geography:
Uganda and Africa

3. Caught in the Crossfire: Challenges to Migrant Protection in the Yemeni and Libyan Conflicts

Author:
Danielle Flanagan
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
In spite of the prevailing security dynamics in Yemen and Libya, both states continue to serve as areas of transit along some of the world’s largest mixed migration routes, leaving migrants caught in the crossfire of the two conflicts. This article examines the legal framework governing the protection of migrants in armed conflict under international humanitarian and human rights law. It also identifies two adverse incentives produced by the conflict situations that impede the exercise of these legal protections: (1) profits derived from migrant smuggling and trafficking, and (2) the use of migrants to support armed groups. In the absence of stable conditions in Yemen and Libya, individuals have little reason to respect international legal protections and discontinue migrant abuse connected with the lucrative businesses of smuggling and trafficking. The intractable nature of the two conflicts has also led to the strategic use of migrants as armed support, and more specifically as combatants, weapons transports, and human shields. Given these realities, the article outlines several recommendations to address the issue of migrant abuse in conflict. It recommends that states, particularly those neighboring Yemen and Libya, strengthen regular migration pathways to help reduce the number of migrants transiting through active conflict zones. It further advises that the international community increase the cost of non-compliance to international humanitarian law through the use of accountability mechanisms and through strategic measures, including grants of reciprocal respect to armed groups that observe protections accorded to migrants in conflict situations.
Topic:
Security, Migration, Human Trafficking, and Humanitarian Crisis
Political Geography:
Africa, Libya, and Yemen

4. From Right to Permission: Asylum, Mediterranean Migrations, and Europe’s War on Smuggling

Author:
Maurizio Albahari
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The European Union (EU) and its member states have sought to curb unauthorized maritime migrant arrivals through a proactive combination of deterrence, intelligence, surveillance, anti-smuggling activities, border enforcement, and policing and readmission collaboration with Turkey, Libya, and Libya’s African neighbors. Through these actions, the right to seek asylum is being de facto transformed into a state-granted permission to seek asylum. Containment policies ensure that one cannot ask for sovereign permission without first paying smugglers. In support of their policies, EU and national authorities widely employ an anti-smuggling discourse that focuses on the ruthlessness of smugglers and the passive victimhood of migrants, including asylum seekers and refugees. This rhetoric aligns itself with what is perceived to be politically palatable, and contributes to preserving a volatile status quo. EU and national policies have failed to curb significantly maritime arrivals. Migrants face worsened conditions on Libyan soil, and death at sea. In recent memory, 2011 was seen as the deadliest year on record for Mediterranean migrations, only to be surpassed first by 2014 and then by 2016. During 2017, at least 3,119 persons died or went missing in the Mediterranean Sea (UNHCR 2017b). Deterrence, containment, and the related war on smuggling prove ineffective, and do not justify such a heavy cost. They quell the outrage cyclically generated by powerful images of Mediterranean carnage, even as they fail to mitigate the carnage itself. European and other liberal-democratic governments can act in more pragmatic, just, and dignified ways, including by attending to migrant agency and to local civic engagements. Provisions for family reunification, refugee resettlement, study visas and temporary protection should be enhanced. More ambitiously, governments need to reverse the very policies that eviscerate the right to seek asylum. Additionally, labor immigration quotas should be set that go beyond attracting skilled “talent” and seasonal workers, to reflect the demands of the job market and of Europe’s ageing societies, while protecting worker rights. Such measures would lessen unauthorized arrivals and the demand for smugglers, ease asylum workloads, and challenge nativist arguments. There is always a political market for effective policies such as these, but until European authorities begin to reject easy resort to tropes of ruthless smuggler criminality, that market will remain disturbingly untapped.
Topic:
Migration, Border Control, European Union, and Asylum
Political Geography:
Africa, Europe, and North Africa