Darfurian Livelihoods and Libya: Trade,Migration, and Remittance Flows in Times of Conflict and Crisis1

Labor migration and commerce between Sudan and Libya have long been features of livelihoods in Darfur. This paper describes the importance of historical trade and migration links between Darfur and Libya, and provides a background to the political and economic situation in Libya which has influenced opportunities for Sudanese migrant workers. A case study of the situation of the Darfurian migrants in Kufra (an oasis and transnational trade hub in southern Libya) illustrates how the recent Darfur conflict has affected migration patterns from Darfur and remittance flows in the opposite direction. Official estimates of Darfurian migrant workers in Libya were unavailable but were estimated to be between 150,000 and 250,000. The closure of the national border between Sudan and Libya in May 2003, largely a result of insecurity in Darfur, stopped the traffic of migrant workers between northern Darfur and southern Libya (which prevented the onward travel to Sudan of several thousand migrants in Kufra), and curtailed the well‐established trade routes, communications, and remittance flows. The current limited economic prospects for migrant workers in Libya, combined with the threat of detention, difficulties of return to Sudan, and loss of contact with and uncertainty about the fate of their families in Darfur, have created a sense of despair among many Darfurians. The paper concludes with a series of recommendations to improve the conditions of the Darfurian migrants in Libya, including an amnesty for illegal migrants, and also to ease the travel of migrants, promote communications between Libya and Darfur, and support the flow of remittances.     

Protecting and Benchmarking Migrants’ Rights: An Analysis of the Global Compact for Safe,Orderly and Regular Migration

The Global Compact for Safe, Orderly, and Regular Migration (GCM) was to be “guided by human rights law and standards” in recognition of the rights of international migrants, who are currently protected by an overlapping patchwork of treaties and international law. The GCM contains many laudable commitments that, if implemented, will ensure that states more consistently respect, protect, and fulfil the rights of all migrants and also that states incorporate data on migration into a more cohesive governance regime that does more to promote cooperation on the issue of international migration. However, many concerns remain. Using a legal analysis and cross‐national policy data, we find that the GCM neither fully articulates existing law nor makes use of international consensus to expand the rights of migrants. In its first section, this article provides a concise analysis of the GCM's compliance with a set of core principles of existing international human rights law regarding migrants. In the second section, we apply a novel instrument to create an objective, cross‐national accounting of the laws protecting migrants’ rights in various national legal frameworks. Focusing on a sample of five diverse destination and sending countries, the results suggest we are close to an international consensus on the protection of a core set of migrants’ rights. This analysis should help prioritize the work necessary to implement the GCM.     

DEPORTED: The Right to Asylum at EU’s External Border of Italy and Libya1

During the past year the temporary holding centre for irregular migrants in Lampedusa, Italy’s southernmost island, has been repeatedly denounced for instances of procedural irregularities and alleged human rights violations. This study presents an overview of events and policies implemented by the Italian and Libyan Governments, the European Union and the International Organization for Migration and outlines the contentions surrounding these policies. It argues that the implementation of the detention and return schemes, commonly discussed in terms of the externalization of asylum, does not actually relocate the asylum procedures outside the EU’s external borders but rather deprives asylum seekers of the possibility of accessing asylum determination procedure. It further suggests that policies geared towards deterring irregular migratory flows into Europe and combatting smuggling in migrants in Libya, might paradoxically result in ‘illegalizing’ the movement of migrants in northern Africa and increasing the involvement of smuggling networks. The study ends by raising the issue of the political responsibility of all actors involved and suggests the most affective ways to balance the rights and responsibilities on asylum at the EU’s southern border.     

Human Rights,Income and International Migration

This study contributes to the literature of migration studies by addressing the question: why does international migration persist despite welfare improvements in migrant‐sending countries? We propose that the human rights condition of the origin countries is an important determinant of global migration. Although the human rights issue is not new to researchers in migration studies, the concern is primarily about the rights of migrants, refugees, asylum seekers or migrant workers in a host country. We undertake a bilateral panel data analysis to examine the pattern of global bilateral migration between 1995 and 2010. We find that international migration is positively associated with human rights conditions and income. Similar results are also obtained when we control for multilateral resistance and possible sample selection biases in a panel context. Our study implies that efforts to promote human rights may also be assessed in relation to their contribution to migration flows.     

Protection of Migrants' Human Rights: Principles and Practice

In principle, migrants enjoy the protection of international law. Key human rights instruments oblige the States Parties to extend their protection to all human beings. Such important treaties as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights have been ratified by more than 140 states, but many political, social or economic obstacles seem to stand in the way of offering those rights to migrants. In an attempt to bridge this protection gap, the more specifically targeted International Convention on the Protection of All Migrant Workers and Members of their Families was created and adopted by the United Nations in 1990. This treaty is not yet in force, but the number of States Parties is increasing towards the required 20. In the past few years the human rights machinery of the United Nations has increased its attention towards migrants' human rights, appointing in 1999 the Special Rapporteur on the Human Rights of Migrants. Governments, as the acceding parties to international human rights instruments, remain the principal actors as guardians of the human rights of all individuals residing in their territories. Receiving countries are in a key position in the protection of the migrants that they host. However, active defence of migrants' rights is politically difficult in many countries where anti‐immigrant factions are influential. Trafficking in migrants is one example of the complexity faced by states in formulating their migration policies. On the one hand, trafficking has made governments increasingly act together and combine both enforcement and protection. On the other, trafficking, with its easily acceptable human rights concerns, is often separated from the more migration‐related human smuggling. The latter is a more contentious issue, related also to unofficial interests in utilizing cheap undocumented immigrant labour.     

Migration and Human Rights on the Mexico-Guatemala Border

This paper identifies the protections in place for irregular migrants on the Mexico‐Guatemala border and analyzes Mexican government immigration enforcement policies and levels of compliance with international standards and national law. The history of the Mexico‐Guatemala border region and different types of migration flows into and through the area are also explored, as well as the linkages between migration, trade, security, and US immigration policy. It is argued that the Mexican government has partially complied with international conventions and national laws to protect the human rights of transmigrants in the Guatemalan border region, but that compliance is not complete and that an international response is required to ensure that human rights standards are upheld.     

The rights of migrant workers: Economics,politics and ethics

The labour immigration policies of high‐income countries are characterized by trade‐offs between openness to admitting migrant workers and some of the rights granted to migrants after admission. This empirical observation lies at the heart of the author's 2013 book, The price of rights: Regulating international labor migration. In this article, he reviews its main findings, arguments and policy implications and responds to a critical review of the book that was published in the International Labour Review in 2015. He concludes with a plea for more open debate on the linkages between migrant rights, labour migration and development among national and international organizations concerned with these issues.     

Human Rights of Migrants: Challenges of the New Decade

This review summarizes main trends, issues, debates, actors and initiatives regarding recognition and extension of protection of the human rights of migrants. Its premise is that the rule of law and universal notions of human rights are essential foundations for democratic society and social peace. Evidence demonstrates that violations of migrants' human rights are so widespread and commonplace that they are a defining feature of international migration today. About 150 million persons live outside their countries; in many States, legal application of human rights norms to non‐citizens is inadequate or seriously deficient, especially regarding irregular migrants. Extensive hostility against, abuse of and violence towards migrants and other non‐nationals has become much more visible worldwide in recent years. Research, documentation and analysis of the character and extent of problems and of effective remedies remain minimal. Resistance to recognition of migrants' rights is bound up in exploitation of migrants in marginal, low status, inadequately regulated or illegal sectors of economic activity. Unauthorized migrants are often treated as a reserve of flexible labour, outside the protection of labour safety, health, minimum wage and other standards, and easily deportable. Evidence on globalization points to worsening migration pressures in many parts of the world. Processes integral to globalization have intensified disruptive effects of modernization and capitalist development, contributing to economic insecurity and displacement for many. Extension of principles in the Universal Declaration of Human Rights culminated in the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. With little attention, progress in ratifications was very slow until two years ago. A global campaign revived attention; entry into force is likely in 2001. Comparative analysis notes that ILO migrant worker Conventions have generally achieved objectives but States have resisted adoption of any standards on treatment of non‐nationals. A counter‐offensive against human rights as universal, indivisible and inalienable underlies resistance to extension of human rights protection to migrants. A parallel trend is deliberate association of migration and migrants with criminality. Trafficking has emerged as a global theme contextualizing migration in a framework of combatting organized crime and criminality, subordinating human rights protections to control and anti‐crime measures. Intergovernmental cooperation on migration “management” is expanding rapidly, with functioning regional intergovernmental consultative processes in all regions, generally focused on strengthening inter‐state cooperation in controlling and preventing irregular migration through improved border controls, information sharing, return agreements and other measures. Efforts to defend human rights of migrants and combat xenophobia remain fragmented, limited in impact and starved of resources. Nonetheless, NGOs in all regions provide orientation, services and assistance to migrants, public education and advocating respect for migrants rights and dignity. Several international initiatives now highlight migrant protection concerns, notably the UN Special Rapporteur on Human Rights of Migrants, the Global Campaign promoting the 1990 UN Convention, UN General Assembly proclamation of International Migrants Day, the 2001 World Conference Against Racism and Xenophobia, anti‐discrimination activity by ILO, and training by IOM. Suggestions to governments emphasize the need to define comprehensive, coordinated migration policy and practice based on economic, social and development concerns rather than reactive control measures to ensure beneficial migration, social harmony, and dignified treatment of nationals and non‐nationals. NGOs, businesses, trade unions, and religious groups are urged to advocate respect for international standards, professionalize services and capacities, take leadership in opposing xenophobic behaviour, and join international initiatives. Need for increased attention to migrants rights initiatives and inter‐agency cooperation by international organizations is also noted.     

International law and human rights: trends concerning international migrants and refugees

Not with standing human rights linkages, migrants and refugees are often on the periphery of effective international protection. State sovereignty and self-regarding notions of community are used to deny or dilute substantive and procedural guarantees. Recently, even non- discrimination as a fundamental principle has been questioned, as has the system of refugee protection. This article located both migrants and refugees squarely within the human rights context, contrasting both inalienable rights with the demands of sovereignty, and juxtaposing the 2 in a context of existing and developing international standards. Migration and refugee flows will go on, and the developed world, in particular, must address the consequences - legal, humanitarian, socioeconomic, and cultural. Racism and institutional denials of basic rights daily challenge the common interest. This article shows how the law must evolve, responding coherently to contemporary problems, if the structure of rights and freedoms is to be maintained.     

The Global Compact for Migration: what could it mean for women and gender relations?

ABSTRACT

Under half of international migrants throughout the world are women. While large movements of people, human rights and humanitarian crises, and migrant deaths are not new, the public attention given to the arrivals of refugees and migrants to the shores of Europe has compelled governments to engage in a multilateral manner. In September 2016, the United Nations General Assembly held its first-ever summit dedicated to large movements of refugees and migrants, reaffirming the importance of existing legal instruments to protect refugees and migrants, and also foreseeing the development of two new Global Compacts: one on refugees, and the other for safe, orderly and regular migration. This article examines the process to elaborate the Global Compact for Safe, Orderly and Regular Migration from a gender-responsive perspective. It takes into consideration the advocacy role that the Women in Migration Network and other civil society stakeholders have played in its development, identifies the various opportunities and gaps within the Global Compact, and explores how women’s organisations and development organisations can promote change for women in migration under the new Global Compact.     

利比亚的核政策：历史与现实

出于对自身政权安全的考虑,利比亚早在1969年即开始秘密进行核武研发活动,直至2003年宣布弃核。由于同美国等西方国家存在很大矛盾,利比亚从20世纪八十年代末起遭受日益严厉的经济制裁,其经济社会发展受到严重制约,人民生活水平明显下降,进而诱发了人民的反政府情绪并给政治反对派以可乘之机。在此背景下,利比亚决定采取实际步骤改善与西方国家的关系,这是利比亚弃核的根本原因。而伊拉克战争强化了卡扎菲对其政权威胁严峻性的认识,则成为其弃核的直接原因。利比亚虽然宣布弃核,但随着国际和地区形势的变化,将来仍有重新踏上核武研发之路的可能。     

The human right to health: exploring disability,migration and health

Across the globe, an estimated one billion people are on the move today, of whom 244 million are international migrants. Not only have global horizons expanded in the realm of work and study; global conflict and exploitation have resulted in forced migration. Migration is a political issue, which raises questions of identity, citizenship, diversity and integration and is utilised to play upon the fear of the stranger, the ‘Other’ and difference in contemporary society. Disabled migrants are a hidden population whose experiences are often overlooked or subsumed within wider debates around disability and ethnicity. This article considers the intersection of disability and migration in contemporary society through the lens of healthcare access. Reflecting on the impact of citizenship rights on the realisation of human rights in the context of contemporary migration, using health as an example, the article considers the implications for disabled migrants, focusing primarily on the European Union.     

The Political Influence of Return: From Diaspora to Libyan Transit Returnees

In December 2016, Gambian dictator Jammeh was surprisingly ousted through the ballot box by a democratically motivated opposition. With this remarkable change, tables also turned for Gambian migrants. Gambians abroad were called upon to return and help rebuild the nation, while political interests in host states increased to return “irregular” migrants. In what ways can migrant return be politically influential, especially after a critical juncture as in the Gambia? Current studies fail to consider different types of returnees, including those perceived as highly skilled compared to those seen as low‐skilled. We found that in post‐dictatorial Gambia, both types of returnees have political influence on the new regime. Highly skilled diaspora returnees were explicitly invited as contributors to political developments in the country and thus have a direct political influence. In contrast, low‐skilled returned migrants from Libya are considered as receivers of public goods; yet through claims to political representation they managed to carve out political influence, albeit indirectly.     

Migration,International Telecommunications,and Human Rights1

World polity embeddedness has traditionally been measured by state and civil participation in formal venues, including international organizations, multilateral agreements, and world conferences. In this study, we highlight an alternative form of embeddedness found in cross‐national social relations and apply this framework to the human rights sector of the world polity. Specifically, we propose that the international migrant community diffuses human rights values and practices via (1) local performance and (2) cross‐national communication. Using data from the World Values Survey, we first show that immigrants are more likely to embrace, and actively participate in, the human rights movement. Next, using network data that report country‐to‐country bilateral flows, we observe a high degree of correspondence between international migration and telecommunications, confirming previous studies that trace telephone traffic to the flow of people. Finally, analyzing a balanced data set of 333 observations across 111 countries spanning the 1975–2000 period, we use ordered probit regression to assess the local and cross‐national effects of migrants on a state’s human rights record. We find that a country’s immigration level and its in‐degree centrality in international telecommunications both positively affect its Amnesty International rating, and that these effects are robust to a number of alternative specifications.     

The law of migrants

While it is acknowledged that international migration law is attracting increased interest, this law merely describes the conditions of admission, sojourn, employment, and exit of migrants, thus amounting in many respects to a restatement of the law of aliens considered in a different perspective. This article concentrates on the humanitarian aspects of migration law, in an attempt to determine the possibility of joint promotion and dissemination of human rights, international humanitarian law, refugee law, law of migrants, and relief law. Refugees are protected by a series of international legal instruments, both universal and regional, which are complemented, if need be, by resolutions of the competent bodies. 2 reasons why the law of migrants deserves to be highlighted and developed are: 1) we have seen that the characteristic aspects of migration are either ignored or only partially taken into account by existing law, and 2) it is important that individuals should be protected in every circumstance. There exists a relatively narrow basis for joint action; since this must be built on points of convergence, a preliminary step consists of identifying this common denominator. The forms which joint action may take can be less structured and reflected in the individual practice of each organization The sine qua non of successful joint action is an awareness of the enterprise's ultimate goal: to assure in every circumstance better protection for human beings, whatever their legal status may be.     

Immigrant Communities and Civil War*

This paper explains why international migrants, who face numerous security and cultural threats in their host societies, are almost never implicated in civil war violence. This is quite different from situations of internal migration, which often set off violence that escalates to civil war proportions. The paper first lays out the stark contrast between the political implications of external and internal migration based on data adapted from the Minorities at Risk (MAR) dataset. It then explores the reasons for the low incidence of civil war violence for international migrants through an examination of three cases: Bahrain, which has a large expatriate community without political rights that has been politically quiescent; Estonia, where some 30 percent of the population are disaffected Russian‐speakers linked to post‐World War II migrations from other republics of the Soviet Union; and Pakistan, where the immigrant Muhajirs are a partial exception to the general pattern outlined in this paper. It concludes with a general statement of the relationship between immigration and rebellion, where the level of grievances is less consequential than the conditions that make insurgency pay off.     

The evolution of French immigration policy after May 1981

Changes and continuities in French immigration policies, following the assumption of power by the socialist government in 1981, are described. Attention is focused on the political implications of immigration and on the role of immigrants in French politics. Efforts to restrict immigration to France were initiated in 1931, but clandestine immigration, especially from Portugal, remained largely unchecked for 4 decades. In the early 1970s, stricter enforcement measures were adopted, but these measures met with considerable international and national opposition. In 1977, the government altered its approach to immigration by offering financial aid to help illegal migrants return to their countries of origin. These efforts met with little success, and in 1980 the government initiated measures to promote the integration of immigrants into French society. The socialistic government basically adhered to the immigration policies of the preceding government. The current government seeks: 1) to stop further illegal immigration through the intensification of border controls, 2) to grant amnesty to illegal aliens who currently reside in the country and who meet certain employment requirements, 3) to penalize employers who hire illegal aliens or who contract to bring illegal aliens into the country, and 4) to improve living conditions for legal immigrants. The politicalization of immigration has increased in recent years. Current issues center on the human and political rights of migrants and on arbitary administrative efforts to control immigration. It was expected that migrants would acquire political rights after the 1981 election; however, this expectation was not realized, and the political status of immigrants remains an unsettled issue. Consequently migrants have become pawns in the political struggle between different groups in the population both at the national and the local level. Immigration threatens to become an explosive issue. At the same time, migrants themselves are playing an increasingly prominent role in political activities, such as rent strikes and protest movements.     

Migrant Rights: International Law and National Action

Migrant rights were put squarely on the agenda of the Global Forum on Migration and Development when it met in Manila in 2008, as the principal theme of the governmental and civil society discussions. The Forum proceeded with the assumption that migrant rights are a development issue, as well as a fundamental human rights issue. This article begins with a review of the normative framework for protecting migrant rights. While norms by themselves will not prevent abuses, they can serve as a basis for advocating implementation of policies and programs to achieve these goals. We argue that there is ample international law setting out the basic rights of migrants even though the principal migrant‐centric instruments are not widely ratified. Failures in protecting migrant rights arise from the lack of implementation of these standards at the national level. The article then discusses a range of programs, mostly implemented by or in destination countries, which hold potential for overcoming barriers to the protection of the rights of migrants. These practical steps can be found in a wide array of countries, most of which have not become party to the Migrant Workers Convention. The article concludes that these initiatives have been implemented in an ad hoc manner, necessitating a more systematic approach at the national level to the protection of migrant rights.     

Principles of Protection for Internally Displaced Persons

For forced migrants who have not left their country but are internally displaced persons, human rights law provides an important framework through which to analyse and address their plight. Two principal reasons underpin this assertion.
First, owing to the compelling need: human rights violations cut across all phases of internal displacement, causing its occurrence, characterizing the conditions of physical insecurity and material deprivation in which the internally displaced often find themselves, and impeding equitable and lasting solutions.
Second, as internally displaced persons remain within the territory of their state, refugee law does not apply and, instead, human rights law provides the fundamental basis for addressing their plight. In addition to human rights law, other standards of international law are also relevant, namely international humanitarian law when displacement occurs in situations of armed conflict and refugee law by analogy.
Drawing on these three standards of international law, Guiding Principles on Internal Displacement have been developed which set out what protection should mean for internally displaced persons in all phases of displacement. This article traces the origins and provides an overview of the content of the Guiding Principles, the text of which is reproduced in full in the Appendix.     

Migrant women: the path from Beijing

This article discusses the statement of the UN International Office of Migration (IOM) delivered at the Fourth World Congress on Women held in Beijing in 1995. The Beijing Platform of Action identified migrants as comprising an estimated 125 million people. Half of the international migrants live in developing countries, and at least 50 million are women. Another 500 million are internal female migrants. Migration programs tend to marginalize female migrants and to ignore women's special needs and experiences. The Third World Conference in Nairobi in 1985 indicated that women migrants were more likely to suffer deprivation, hardship, isolation, loss of status, and discrimination. Women bear the burden of a family's daily life, are more vulnerable than men, and face additional problems in the work force. Women migrants are identified as dependents and must be sponsored for admission to the host country; they are often subjected to physical and sexual abuse and must face discrimination in a foreign environment. The special needs of migrant women must be addressed at every stage of the migration process: the decision making stage, the integration into host communities, and the reintegration upon return. Women must be empowered. IOM recently established the International Center for Migration and Health. This center will focus on special problems faced by women migrants and on migrants' rights. Between the Nairobi and Beijing conferences the plight of migrant women was not prominently addressed. Migration references were made in Beijing's Platform of Action in scattered places in the text. Governments need to provide gender-sensitive human rights education and training for public officials in order to fulfill the Beijing Platform. The IOM technical assistance to Argentina illustrates what cooperative ventures are possible. IOM has made important progress in implementing Beijing's Platform.