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SOFT LAW, EFFECTIVENESS OF FUNDAMENTAL RIGHTS AND MIGRATION: HOW EFFECTIVE ARE MIGRANTS’ FUNDAMENTAL RIGHTS IN AN ERA OF EUROPEAN GOVERNANCE?

Author(s): Roila Mavrouli / Language(s): English Publication Year: 0

The objective of this research paper is to examine the valorization of procedural rationality in the field of fundamental rights related to migration from non-EU countries. This is in the context of an EU which is strengthening its constitutional nature, which sees a transition from the concept of government to the concept of governance. In this legal environment it is crucial to guarantee the effectiveness of fundamental rights, thus increasing their normative scope with regard to migration. The challenge to European governance practices and structures is how to transform the valorization of procedural rationality to essential rationality. This leads the democratic praxis to re-appropriate its origin. Nevertheless, this concept of procedural rationality establishes soft law as the fastest and most flexible solution to the migration challenge.

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Ways into and out of exploitation Unaccompanied minors and human trafficking

Author(s): Hilde Lidén,Cathrine Holst Salvesen / Language(s): English Publication Year: 0

This chapter assesses whether national law, policies and practice in the field of unaccompanied asylum seekers are in compliance with international conventions including the UNHCR guidelines and UN convention of the rights of the child (CRC). We will discuss policy and practices on minors exposed to human trafficking, taking Norway as a case. The Norwegian Immigration Act of 2008 includes provisions and formulations intended to strengthen the legal position and rights of asylum-seeking children as children. The intention was to ensure that national regulations on immigration were in accordance with the CRC and in line with the Norwegian Human Rights Act 1999. The CRC as well as UNHCR guidelines mention human trafficking, including forced labour and sexual exploitation as one main threat to which children may be exposed. The chapter discusses three scenarios which represent distinct forms of how unaccompanied minors are recruited into exploitative relations on their way to or in Europe and how their cases are assessed when applying for asylum in Norway as unaccompanied minors. Ways into and out of exploitation may have decisive implication for how their asylum applications are assessed and for further access to rehabilitation measures.

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Social Inclusion Processes for unaccompanied minors in the city of Palermo: Fostering Autonomy through a New Social Inclusion Model

Author(s): Roberta Lo Bianco,Georgia Chondrou / Language(s): English Publication Year: 0

This chapter describes and proposes a new social inclusion model for supporting unaccompanied minors in becoming autonomous, as they are one of the most vulnerable groups of contemporary migration flows. According to the Committee on the Rights of Children “unaccompanied children (also called unaccompanied minors) are children, […] who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so” (Committee on the Rights of the Child, 2005).

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“THE GUEST DOESN’T LIKE ANOTHER GUEST, AND THE HOST LIKES NEITHER'': SOMALI REFUGEES FORGOTTEN IN A SATELLITE TOWN

Author(s): Ayşe Yıldırım / Language(s): English Publication Year: 0

Without doubt, every migratory wave begets serious problems with many dimensions in the fields of education, employment, integration, or gender issues. A recent mass migratory move, if more numerous, can cause delays in policies towards an older refugee group. The Syrian war and the subsequent mass migration towards Turkey channeled both academic and administrative focus towards this group. As the transformative power of migration increases, so does the academic interest in this topic. In this respect, we can understand the abundance of research on Syrians compared to the paucity of studies on African refugees as a reflection of the size and impact of the Syrian stock and flows.

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CONTRIBUTION OF NGOS TO THE INTEGRATION OF SYRIAN IMMIGRANTS IN MARDIN

Author(s): Süleyman Şanli / Language(s): English Publication Year: 0

People who fled their countries of home voluntarily or forced have been described as refugee, migrant, and person with temporary protection in the countries hosting them. The challenges faced by these uprooted people seeking security have forced many countries to develop and formulate new migration, asylum, and refugee policies.

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“TURKISH-GERMAN” FAMILIES: AN INSIDER VIEWPOINT ABOUT WAR, MIGRATION AND THE TRANSNATIONAL FAMILY BUILDING EXPERIENCE

Author(s): Oya Topdemir Koçyiğit / Language(s): English Publication Year: 0

The destructive effects of the Second World War, which resulted in great loss and suffering in the not so distant past, still has an important place in the lives of countless people living in different geographical locations. German families constitute a population whose members witnessed the bitter outcomes of the war in no small measure. War-related memories of families have been handed down from generation to generation up to the present day. Despite many of the generation who actually lived through the war preferring to erase the traces of it from their day to day lives, their children and even their grandchildren have taken on board this memory (Koçyiğit, 2016).

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Coming to Terms with Liberal Democracy by the Populist Radical Right Parties of Western Europe: Evidence from European Parliament Speeches over Minorities and Migration

Author(s): Caner Tekin / Language(s): English Publication Year: 0

Populist radical right oppositions to international migration from Islamic countries are argued to undergo a discursive change from ultranationalist and religious constructs to –misleadingly– liberal argumentations, claiming that European liberal democracy is under threat of migration (Brubaker, 2017, pp.1191-1226; Hafez, 2014, pp.479-499; Börzel & Risse, 2018, pp.83-108; Börzel, 2016, pp.8-31). The present study aims to demonstrate how these ‘liberal’ grounds for objecting migrations exist at European (supranational) level, and explores the conceptions of liberal democracy used by pan-European radical right in opposition to migrant and minority rights. Therefore it asks how mainstream populist radical right factions represented in the European Parliament debate migrant and minority rights and what conceptions of liberal democracy emerge within their debates. It orients this question to two plenary sessions held in the European Parliament, in the shadow of the EU’s refugee crisis, to discuss the situation of fundamental rights and terrorism in Europe. Recent refugee debates in the EP have the potential to shed light on this issue, as the way populist radical right parties reject the EU’s minority, migration, and asylum policies feature exclusionary conceptions degrading the substantial meaning of liberal democracy.

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Borders, Exception and Sovereignty: Australia’s Migration Policies as Instruments of Suspension of (Human) Rights and (International) Obligations

Author(s): Ana Carolina Macedo Abreu / Language(s): English Publication Year: 0

Hostility towards migrants of non-European origin is a recurring subject in contemporary political space, especially among Western/developed states. In fact, the move towards stricter migration and border control in relation to some forms of migration has led authors to characterize such phenomena as a war on migration (Hyndman and Mountz, 2007) or a new ubiquity of borders (Balibar 2002). The crusade against irregular migration has particularly affected prospective asylum seekers who, fleeing from conflict and persecution in their countries of origin, attempt to reach safety and protection through unauthorized border crossings. The Australian border regime presents a paradigmatic case in this context of increasing hostility and control, having been described as “the most original yet retrograde means of repelling and excluding asylum seekers from its shores” (Hyndman and Mountz 2007, 83) and “the most fully developed policy regime that is oriented around control” (Johnson 2014, 67). This chapter focuses on the policies and practices of border/migration control that were/are employed in the context of the Pacific Solution (2001-2007) and Operation Sovereign Borders (OSB) (2013-present). The practices of control implemented during this period include interception and turnback of boats outside of territorial waters, forced return, detention and exclusion of parts of Australian territory from the migration zone (excision).

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Power and Sandwiched Sovereignty: Nepali Migrant Workers in the Gulf Countries

Author(s): Hari KC / Language(s): English Publication Year: 0

Nepal is relatively a new entrant to global labour markets. Nevertheless, over the past few decades, a huge portion of its population has migrated abroad for employment, changing the image of Nepal from a country of “global warriors to global workers” (Rajauriya, 2015). In particular, the political change of 1990 that ushered Nepal into a multiparty democracy triggered the globalizing processes. Unlike during the King’s regime, obtaining passports became easier even for general people, affording them more agility and freedom to travel outside the country (Tiwari & Bhattarai, 2011). Further, the government formed after the 1992 elections embraced a policy of fast-paced economic liberalization, connecting Nepal with global economy and global labour markets (Labour Migration for Employment Report: 2014).

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Multi-level Governance of Human Mobility: Ending Discrimination and Promoting and Protecting Human Rights of All People on the Move

Author(s): Miguel Santos Neves / Language(s): English Publication Year: 0

Human mobility is the human face of globalization, the cement that links human communities across the globe and a highly relevant political issue increasingly controversial in many societies in the face of mounting pressures. The main drivers behind human mobility across and within borders are related to the three Ds, Demography and demographic gaps; Development failures and poverty; Democratic and governance failure associated with human rights violations. Moreover, mobility is both a consequence and a cause of human insecurity. On the one hand it is a response to a deregulated globalization that produces increasing inequality and human insecurity but, on the other, mobility itself is increasingly associated with higher levels of human insecurity in the absence of a robust system of international protection.

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Urban Resistances and Migrant Activism Challenging the Border Regime in Madrid City

Author(s): Ana Santamarina / Language(s): English Publication Year: 0

On the night of the 15th March 2018, the neighbourhood of Lavapiés in Madrid was literally on fire. A burst of rage swelled the streets as the district became a battlefield. That night, Madrid was raising its voice for Mame Mbaye, a black African resident that died just few hours ago running from a police identity control. A migrant insurrection broke out against these racist controls that had been increasingly happening in the neighbourhood since Mame arrived fourteen years ago. This time it was Mame, but it could have been any of the migrants that were claiming justice that night. The night of the 15th March was an explosion of urban rage in which Madrid claimed not to be a border anymore. In a later interview, Mame’s friend Serigne stated: “In Madrid you live with fear. Every morning we joke and say each other: ‘Have a good breakfast because you never know if you will ever be back home for lunch”.

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Fleeing ISIS: Aramaic-speaking Christians in the Niniveh Plains after ISIS

Author(s): Archimandrite Emanuel Youkhana / Language(s): English Publication Year: 0

Excluding the Armenians and some small groups of converts , the Iraqi Christians are the indigenous people of Iraq. Their roots go back thousands of years before Christianity in the lands of Mesopotamia. In other words, I believe the Iraqi Christians are the true native people of Iraq, being descendants of the ancient Assyrians and Babylonians. The Aramaic-speaking Christians (Assyrians, Chaldeans, Chaldo-Assyrians) are not a new Christian community ‘evangelised’ by western missionaries, as is the case in many African and East Asian Christian communities.

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Armenians of Iraq

Author(s): Seda D. Ohanian / Language(s): English Publication Year: 0

Armenians have been living in Mesopotamia – modern Iraq – from times immemorial. According to Herodotus, the Hellenic father of history, Armenians used to travel, long before the Christian era, from Armenia to Nineveh and Babylon over the Euphrates and Tigris rivers, importing, by means of round rafts, Armenian wines, dried fruits, fine horses, wheat, nuts and many other products. Historical accounts indicate that Tigranes the Great (king of Armenia during the Artaxiad dynasty from 190 BC to AD 12) defeated enemy armies of several countries, who endangered Armenia’s security. Amongst these countries, he subdued Adiabene (Mosul) in 83 BC, which allowed Armenians to travel from the Armenian highlands to Mesopotamia, reaching as far as Basra and further down the Persian Gulf to the Far East.

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Sığınmacı ve Göçmenlerle Sosyal Hizmetin Kavramsal ve Kuramsal Temelleri

Author(s): Emrah Akbaş / Language(s): Turkish Publication Year: 0

Sığınmacı ve göçmenlerle sosyal hizmet konusu genellikle kuramsal temellerden yoksun bir müdahale anlayışı ile ele alınmaktadır. Sosyal bilimlerin göçün nedenlerini ve sonuçlarını anlamaya ve göç sürecini şekillendiren ağların ve ulusaşırı toplumsal alanların nasıl inşa edildiğini açıklamaya dönük çabasının sosyal hizmette kuramsal bir karşılığı genellikle yoktur. Sosyal hizmet daha çok sığınmacı ve göçmenlerle çalışmada beceri odaklı bir perspektife sahip görünmektedir ancak müdahale ve beceri odaklı uygulama son çözümlemede kuramsal bir arka plana yaslanmak zorundadır. Sosyal hizmetin uygulamaya olan aşırı vurgusu ve uygulamadan doğan bilgi ve veriyi yeterince teorize edememiş ve düşünümsel bir alan yaratamamış olması göç ve sosyal hizmetin kuramsal temellerine dair etraflı bir çalışmayı mümkün kılmamaktadır. Bu bölümde sığınmacı ve göçmenlere dönük sosyal hizmet uygulamalarının kuramsal arka planı ve temellerine girizgâh niteliğinde bir tartışma yapılmaya çalışılmıştır.

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Alfabeden Alfabeye Zorunlu Göç: Türk Edebiyatında Bir “Sözde Transkripsiyon” Vakası

Author(s): Fırat Caner / Language(s): Turkish Publication Year: 0

Türkiye’de Osmanlı alfabesinin değiştirilmesine ilişkin tartışmalar bu değişikliği uygulamaya koyan 1928 tarihli yasanın çıkartılmasından çok uzun süre önce başladı. Tartışmalar özellikle 1923-1928 tarihleri arasında yoğun bir şekilde devam etti (Korkmaz, 2009, s. 1974). Latin alfabesinin kabulünü uygun görenler olduğu gibi, böyle bir değişikliğe karşı çıkanlar da vardı. Latin harflerinin kabulünü savunanlar, nüfusun önemli bir kısmının okuma yazma bilmeyişi ve Latin harflerinin eski alfabeye kıyasla daha kolay öğrenilebildiği vb. savları öne çıkarttı (Ülkütaşır, 1998, s. 48). Bu köklü değişikliğe karşı çıkanlarsa, böyle bir değişikliğin mevcut yazılı kültür birikimiyle okuryazar kesim arasındaki bağın kopmasına sebep olacağı vb. savları kullandı.

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The Role of Religious Groups on the Daily Religious Lives of European Turks

Author(s): Yakup Çoştu,Feyza Ceyhan Çoştu / Language(s): English Publication Year: 0

European Turks have experienced a tough adaptation process in their host countries because of the coming back to their homeland possibility has considerably decreased. Although acquiring citizenship in the host countries has several achievements legally, they came across problems such as a crisis of religious and national identity, conflicts of generations and cultures, and alienation. Turkish immigrants have established a number of community organizations and solidarity networks within the framework of the legal rights granted to them by the host country, primarily to provide services in various areas. One of the organizations that has been founded by European Turks are mostly mosque based organizations. The most important part of these organizations founded especially by Turkish immigrants who are close or sympathisers to religious groups and movements in Turkey or connected with them. These organizations were very similar to religious groups and movement in Turkey and in time they have become institutive for fulfilling differentiated demands of immigrant communities. Because of their active role in the everyday religious life of European Turks analysing those civil religious organizations and the religious and cultural life around it is so valuable.

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The Certainty of Uncertainty; The Critical Tool of Certainty in a Migrant’s Journey to Effectively Control Issues in Human Security, Fraud and Integration for the Benefit of the Migrant and the Receiving Country

Author(s): Sherene Özyürek / Language(s): English Publication Year: 0

From an Australian perspective, which can be extended to other countries’ migration frameworks, this study raises the notion that “uncertainty” negatively modulates systemic issues in recurring themes of human security violations, fraud and non-integration. Such understanding could lead to insights into migrants’ decision-making processes resulting in the subsequent use of unintended pathways. Literature and case study reviews were undertaken, coupled with a quantitative approach analysing retrospective data from the Department of Immigration and Border Protection and the Australian Federal Police to determine the ineffectiveness of current legislative tools that do not take certainty into account and to determine the impact of uncertainty on migrants in Australia’s migration program as a receiving country. Practical recommendations are presented for consideration by policy-makers to ensure certainty for the migrant, including; to combat human security violations via the provision of visa pathways for applicants to remain after lodging a complaint, ensuring that both employment and human securities can co-exist; to effectively control fraud via the removal of discretion, ensuring certainty in pathways of decision-making processes to combat unintended pathways; and finally, the permeation of certainty throughout the migration program, ensuring that steps to attain citizenship are not out of necessity but instead a step towards successful integration.

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Importing a Labor Force for Catalonian Agriculture. A Case of Human Rights Deprivation in Spain. Sustainability and Successes

Author(s): Olga Achón Rodríguez / Language(s): English Publication Year: 0

This paper aims to disclose the consequences that the system designed by the Catalonian agricultural union “Unió de Pagesos” to recruit, import and distribute foreign labor produces, a subject deprived of its liberties and fundamental rights. Once the model of family farming was substituted by an industrial agricultural system of production, the agricultural union, with the consent of the State, reinvented itself as a provider of services related with the acquisition of manpower through this system - as we designate the set of practices that materialize the recruitment of foreign workers abroad and their concentration is lodgments controlled by the Union. The State’s migration polity is responsible of the emergence of such a system, and we can trace its origin in the symbiotic relation between the State and the union, whose intereststhe social control of the foreign worker and the just in time delivery of labor- are harmonized in it.

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HUMANITARIAN SECURITIZATION OF THE 2015 “MIGRATION CRISIS”: INVESTIGATING HUMANITARIANISM AND SECURITY IN THE EU POLICY FRAMES ON OPERATIONAL INVOLVEMENT IN THE MEDITERRANEAN

Author(s): Maciej Stępka / Language(s): English Publication Year: 0

The 2015 “migration crisis” has stimulated the European political imagination with an image of migration and border control as based on a mixture of humanitarianism and security. Indeed, the European borders and migratory routes have been increasingly framed in the media and political debates as the sites of a humanitarian and security emergency (see Dekker & Scholten, 2017; Greussing & Boomgaarden, 2017; Ibrahim & Howarth, 2017). The accounts of children dying in the Mediterranean have been reproduced together with images of uncontrollable crowds gathering at the borders, and again with overburdened reception centres with deplorable humanitarian conditions (see BBC, 2018; The Guardian, 2018; Reuters, 2018). All these framings have been (re)merging in the public debate, building a sense of humanitarian crisis, but also insecurity and uncertainty regarding the most suitable course of action at the European level. Regardless the European Union’s (EU) attempts to respond to the increased migratory flows, the humanitarian situation has been getting more severe, generating a political momentum for mobilization of more decisive, security-oriented and even militarized measures in dealing with the crisis. Consequently, the EU has decided to increase its operational and military presence in the Mediterranean with Frontexled Joint Operations (JO) (i.e. Triton, Poseidon and Themis) and Common Security and Defence Policy (CSDP) naval mission (i.e. EUNAVFOR MED Sophia), explicitly framing the mobilization of security capabilities as search and rescue and “live saving” operations.

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RESTRICTION, PRAGMATIC LIBERALISATION, MODERNISATION: GERMANY’S MULTIFACETED RESPONSE TO THE “REFUGEE CRISIS”

Author(s): Axel Kreienbrink / Language(s): English Publication Year: 0

In 2015 and 2016, Germany faced an influx of asylum seekers on an unprecedented scale. How did the country react to this so-called “refugee crisis”? The response was a major effort at all levels of the federal state: the federal level, the Länder, the local authorities, but also civil society, welfare associations and NGOs. There have been countless measures in the most diverse fields of action (Grote, 2018). This article will specifically deal with the question of how and which legislative and administrative changes were put in place at the federal level in order to better manage the changing influx.

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