Navigating a Hostile Terrain: Refugees and Human Rights in Southeast Asia

Countries in Southeast Asia serve as origins, transit routes, and destinations for an increasing number of refugees, asylum seekers, and other people displaced by conflict and persecution. In this article, I consider existing academic literature on refugees and forced migration and situate current trends and processes related to refugees in Southeast Asia within such work. I begin by surveying sociology material on refugees and forced migration processes in general, also drawing from related fields of human geography and interdisciplinary refugee studies. I then review current mixed migration trends and corresponding state responses in the context of globalization and contemporary conflict in Southeast Asia, placing refugee movements within this setting. Finally, using examples from the region, I consider two rough areas of inquiry in need of further sociological exploration – (i) purposive transnational refugee actions and processes and (ii) the dynamic social spaces created and developed out of refugee migration. Human rights implications of these issues are considered throughout, and suggestions to reconsider human rights protection beyond nation‐state‐focused models are given.     

Split Return: Transnational Household Strategies in Afghan Repatriation

Split return is a common strategy of repatriation among refugees and migrants. Facing great uncertainty, both economically and security‐wise, households disperse in two or more locations in order to minimize risk. The phenomenon is well‐known in migration studies and in studies of return from the distant diaspora, but is studied less among the overwhelming majority residing in countries neighbouring their own. This article draws on experiences from Afghanistan, comparing split return to similar strategies in migration generally and in refugee situations specifically. It suggests that while splits are conceived as a temporary measure, they often become a lasting form of life. Opportunities for split return are often crucial for the willingness to start repatriation, as well as for the sustainability of the household's economy upon return. The article develops the concept of split return in relation to contextual factors, intensity of networks (at origin and in exile) and household composition.     

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.     

The meaning,modalities and consequences of return migration

Return migration and its consequences has attracted increasing attention since Western European countries adopted policies in the mid 1970s to stop the inflow of foreign workers and to promote reintegration of emigrants. This paper explores the definition of return migration, discusses the different contexts in which return migration arises, and points out the many gaps that exist in understanding return migration and its consequences. The report concludes that there is no consensus on the definition of return migration; future advances in its analysis and measurement depend on the availability of specific criteria to distinguish return movements from other migration taking place in the world today. Also, relatively little attention has been devoted to return flows of migrants in developing countries due to paucity of information and fluidity of some of the movements involved. Yet another area for concern is the lack of information pertaining to female emigrants. Some recommendations that may lead to the eventual satisfaction of these needs include: 1) defining returnees as persons who, having the nationality of the country that they are entering, have spent at least one year abroad and have returned with the intention of staying at least one year in the country of their nationality; 2) having coontries with important emigration flows monitor return migration by gathering and publishing information on returning migrants; 3) giving particular attention to the problems faced by female returnees and adopting measures to ensure equal aid to males and females; 4) studying and monitoring the consequences of return migration on whole families instead of on only certain members of the family; 5) monitoring the consequences of sizeable repatriation flows, giving particular attention to the success of reintegration programs; 6) developing novel methods to monitor and study the impact of return flows of emigrants whose situation in the receiving state was irregular.     

Could Refugees Have a Significant Impact on the Future Demographic Change of Serbia?

Serbia still hosts the largest number of forced migrants in Europe. The paper examines the impact of the refugee influx from newly formed states on the territory of the Socialist Federal Republic of Yugoslavia (SFRY) into Serbia on the future demographic trends of the country. Examination of the past population projections of Serbia confirmed that the process of predicting migration flows is related to the greatest source of uncertainty compared to all other components of demographic change. The results of our projection of Serbia’s population through 2050 show that the large influx of refugees during the last decade of the 20th century should not have a significant impact on the future demographic change of Serbia. Even in the case of substantial improvement of total fertility rate (2.35 in final projection year, comparing to current 1.55), no positive demographic effect should be experienced. Continuation of the decline in Serbia’s total population size cannot be offset by recent refugee influx for several reasons. The most important of them are: too small number of migrants comparing to the total population size of Serbia; similarity in fertility behaviour between refugee and indigenous population; the large‐scaled emigration during the same period; much older refugee population compared to emigrant population; and the processes of refugee repatriation and resettlement. A purely hypothetical projection variant assuming the migration required to maintain the size of current total population size of Serbia until 2050 points out the need for almost three times the amount of average annual migration surplus caused by the refugee influx.     

Asylum seekers in Europe in the context of south-north movements

This article elucidates the threat towards the established system for asylum in Europe which originates from the increase of asylum seekers with very weak or no genuine claims at all. This increase might be the early sign of new intercontinental movements of migration. Europeans are now facing 1) continued immigration control, 2) the development of a single European market, 3) aging and population stagnation, 4) increased economic pressure form countries with weaker economies, 5) new refugee crises in the 3rd World, and 6) an overburdened asylum procedure in industrialized countries with many weak or abusive claims. Solutions include 1) attacking the causes of refugee movements, 2) increased economic assistance, 3) maintaining present refugee legislation, 4) European agreements on state responsibility to carry out asylum requests, 5) speeding up asylum requests, 6) condemning abuse and fraud, 7) facilitating voluntary repatriation, 8) informing the public on refugee problems, and 9) establishing consultative links between states.     

Come Back or Stay? Spend Here or There? Return and Remittances: The Case of Moldova

This paper examines the determinants and consequences of temporary and permanent migration from the perspective of migrant source countries. Based on a large and detailed household dataset on migration in the Republic of Moldova, the most important factors that influence a respective migrant’s decision whether to return to the home country or to stay abroad for good are presented first. Second, the remittance behaviour of temporary and permanent migrants is analysed to investigate how developing countries benefit from either type of migration. The results indicate that the most important determinants of permanent migration relate to the economic conditions at home and abroad, as well as to the legal status of a migrant in the host country. Furthermore, economic and political frustration plays an important role in the decision of permanent migrants not to come back. On the contrary, family ties as measured by the number of close family members at home act as a pull factor for migrant return. Interestingly, permanent migrants use source country networks that differ from those of temporary migrants, indicating that the return decision of individuals is influenced by the decision of their migrant peers. Concerning remittances, the results reveal that, in absolute terms, temporary migrants remit around 30 per cent more than their permanent counterparts. This outcome is surprising, because temporary migrants often reside in countries where wages are much lower. Overall, the findings indicate that when compared to permanent migration, temporary migration is favourable for developing countries, as it fosters not only repatriation of skills, but also higher remittances, and home savings.     

Motherhood Motivations: African Refugee Women Resettled in Australia and Return Visits to a Country of First Asylum

This article expands on conceptualizations of refugee “return” by examining why African women resettled as refugees in Australia return to visit the country of first asylum from which they were previously resettled. I show that their return visits do not relate to attachment to place, but are motivated by social obligations to practise “motherhood” to family members who, due to conflict‐induced displacement, remain in a country of first asylum. I argue that the phenomenon of refugee “return” cannot be conflated exclusively with return to country of origin but is, for African women in particular, centred on the reinvigoration of care relationships across diasporic settings of asylum in which family remain. Building on an emergent focus on feminization in migration studies, I show how these gendered dynamics of refugee “return” are an entry point from which to re‐consider how scholarship and policy take into account “family” in contexts of forced migration.     

International migration in Western Europe since 1973: developments,mechanisms and controls

"This presentation describes the development of migration to and from Western Europe and seeks to determine to what extent such immigration and return migration movements are influenced by governmental action and regulation." It is observed that the basic factors determining immigration and return migration flows are the characteristics of the migrants themselves, policies of the receiving countries, and economic conditions in the sending and receiving countries. Data comparing alien populations and migration trends in selected European countries are provided     

International migration and sustainable human development in eastern and southern Africa

International migration in eastern and southern Africa (ESA) is rarely addressed in population and development policies or regional organizations, and regional organizations must in the articulation of sustainable shared development identify the role of international migration. Poor quality data on international migration hampers analysis. Sustainable, shared, and human development within the region are subregional issues. Permanent migration is characterized among ESA countries as increasing demographic ethnic pluralism that may result in redrawing of territorial boundaries and further population movement. Portuguese and Arab settlement and integration in eastern areas resulted in coexistence, while European immigration to South Africa resulted in racial segregation. Modern colonial settlement and the aftermath of political conflict resulted in independent countries after the 1960s and outmigration of nonAfrican groups. Much of the labor migration in ESA is unskilled workers moving to South African mining regions. Labor migration to Zimbabwe and Zambia declined after the 1960s. The formation of the Common Market for ESA and the potential merger with the Preferential Trade Area and South African Development Community is a key approach to integration of migration into regional cooperation and shared development. Refugee movements create the most problems. Prior to 1992 ESA countries accounted for 83.4% of refugees, particularly in Mozambique, Ethiopia, and Somalia. Some countries blame poor economic performance on the deluge of refugees. Illegal migration is currently detected because of the required work permits, but the adoption of the Common Market would obscure this phenomenon. Human development is affected most by migrations related to drought, labor migration to strong economic areas, and return migration. The Inter-Governmental Authority on Drought and Development needs to become more active and establish better policies on nomadic and refugee movements and displaced populations. Movement of educated populations to countries lacking in trained and skilled human resources is a future challenge. Strategies of immigration should facilitate economic development.     

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.     

Labor Migration between Developing Countries: The Case of Paraguay and Argentina1

Despite the historical and numerical importance of international migration between Paraguay and Argentina, the socioeconomic forces affecting the dynamics of the flow remain largely unexplored. This article contributes to the understanding of migration movements between the Latin American countries by analyzing patterns of labor migration from two Paraguayan communities to Argentina. The analysis separates the process of migration into four segments representing different migration decisions that Paraguayan men face throughout their life course: first trip, first return, recurrent trips, and duration of additional trips. Results confirm that Paraguayan migration to Argentina is closely related to individual characteristics and wealth, the extent of migrant networks and experience, and changes in macroeconomic conditions. The relative importance of these factors on migration varies depending on the aspect of migration under consideration. More generally, the analysis shows that unlike migration between Mexico and the United States, Paraguayan migrants to Argentina tend to be positively selected with respect to educational attainment and skills. This reflects the higher transferability of skills between the two countries and the absence of large urban centers attracting internal migrants in Paraguay. In addition, results show that migration between Paraguay and Argentina is very responsive to fluctuations in macroeconomic conditions, particularly income differentials and peso over‐valuation. Government policies oriented towards the regulation of migration flows in the Southern Cone should pay closer attention to the impact of macroeconomic fluctuations on migration decisions, especially in the context of the Mercosur agreement.     

Emigration dynamics of eastern African countries

This examination of emigration dynamics focuses on 13 countries extending from Eritrea to Zimbabwe and Mozambique on the eastern African mainland and on 5 Indian Ocean island nations. The first part of the study looks at the temporal, spatial, and structural perspectives of emigration dynamics. Part 2 considers international migration in the region according to Appleyard's typology (permanent settlers, labor migration, refugees, and illegal migrants) with the additional category of return migration. Measurement issues in emigration dynamics are discussed in part 3, and the demographic/economic setting is the topic of part 4. The demographic factors emphasized include spatial distribution, population density, population structure, population dynamics, demographic transition, and the relationship between internal and international migration. Other major topics of this section of the study are the economic base, the human resource base, population and natural resources, the sociocultural context (emigration, chain migration, return migration, and migration linkages and networks), political factors (including human rights, minority rights and security, regional integration and economic cooperation, and the impact of structural adjustment programs), and a prediction of future emigration dynamics. It is concluded that refugee flows remain a major factor in eastern African countries but the development of human resources in the northern portion of the region indicates development of potential labor migration from this area. Data constraints have limited measurement of emigration in this region and may contribute to the seeming indifference of most eastern African countries to emigration policies. Emigration in this region has been triggered by deteriorating economic and political conditions and is expected to increase.     

Trends of international migration since 1965: what existing data reveal

Relying on data from a variety of sources, this article sketches the main trends of international migration during 1965–1996, thus documenting the changes that both the character and the direction of international migration have undergone over the course of time. In doing so, it provides a quantitative basis to assess the validity of certain common tenets regarding the evolution of migration at the end of the twentieth century.
The article concludes that the changes observed are generally less striking than usually claimed, although major historical events, such as the end of the cold war and the transformations it entailed, have had a determining influence in shaping many of the key migration movements occurring since 1985.
In particular, migration originating in the former Eastern bloc countries increased markedly and the dynamics of population mobility within the former Soviet space underwent important modifications. In addition, the end of the bi-polar era allowed the resolution of some long-standing conflicts that permitted the repatriation of large numbers of refugees.
However, the proliferation of ethnic or civil conflict that has accompanied the nation-building process in several regions has led to a series of forced migration movements. These developments plus the social, economic and demographic differentials that persist between countries at different levels of development have continued and will continue to fuel international migration.
By reviewing the quantitative evidence available at the regional level, this article sets recent developments in perspective.     

Young migrants of the second generation in Europe: education and labour market insertion prospects

This paper compares the situation of second generation migrants in employing European nations with first generation migrants in the countries of origin. The study focuses on intergenerational changes in employment, unemployment, and further migration. High rates of failure, underachievement, and non-attendance are often found among migrant school children. Girls and boys show high occupational aspirations from age 10-14, but more realistic aspirations by their last year of school. Although vocational training interests many young foreigners, they usually do not get enough training to compete successfully in the labor market. Unemployment affects young foreigners more, and their employment is more unstable, unskilled, and without advancement. Indecision dominates their attitudes about return migration. The country of origin usually cannot provide employment, especially for women, and the longer young migrants have been in employing nations, the less likely they are to want to leave. Difficulty in migrating and the parental desire for superior schooling also limit return migration. On return, migrants 1) experience no continuity of employment or promotion, 2) often find that the skills they have acquired are not valued, 3) must use parallel labor market and cottage industry work to find employment, 4) find that, especially for women and young workers, the unstable employment experienced abroad also affects them on return, 5) find temporary employment or have difficulty in obtaining a job, 6) find both positive and negative views are held by employers concerning them, 7) find that family and connections are the primary means for finding jobs, and 8) discover return migration may not be an end since many second generation migrants will re-migrate for economic and social reasons. School performance, language mastery, social integration and access to training plague migrants and young nationals of similar socioeconomic background. They are unprepared to succeed in the new country and experience conflict of aspirations. First and second generation return migrants experience great frustration, since employment conditions are poor, and may be forced to migrate to a third country.     

Far from a Burden: EU Migrants as Pioneers of a European Social Protection System from Below

At a time when the belief in a welfare crisis is being connected to a so-called “migration crisis”, in particular in the United Kingdom, it is important to look at the lived experiences of mobile EU citizens and the influence of transnational social protection practices. The article introduces the concept of a “migration-welfare corridor” – as opposed to the widespread welfare magnet hypothesis – taking into consideration the role of welfare systems in origin and destination countries at different stages of a migrant's life cycle, the changing nature of the welfare habitus as well as migrants’ attitudes towards what can be defined as welfare chauvinism. Looking specifically at the case of Spanish and Polish migrants in the UK who have reacted to this protracted environment of deterrence, particularly in respect to their welfare rights, this paper discusses several dimensions that should be taken into consideration when analyzing transnational social protection practices from below.     

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.     

The refugee factor in Botswana

Refugees to Botswana have included mass influxes of rural peoples from South West Africa/Namibia, Rhodesia/Zimbabwe and South Africa as well as smaller numbers of political activists from each of these territories and Lesotho. The government of Botswana, with the benefit of substantial external assistance, has evolved a legal, organizational and policy response to enable it to cope with the economic, social, political and security strains which result from refugee movements. The policies applied by the government have included moving refugees on to third countries, resettlement, voluntary repatriation, encampment, and measures designed to discourage all save genuine refugees. Although there have been notable successes with each of these techniques, neither singly nor collectively have they proved a panacea for the problems resulting from refugee movements     

The rural exodus in Mexico and Mexican migration to the United States

"During the 1950s, labor conditions in the United States attracted Mexican migrants, mostly from rural areas, in sharply fluctuating patterns of active recruitment, laissez-faire or repatriation. Because [the rural exodus and migration to the United States] have varied simultaneously and because they are interrelated, it has been assumed that the rural exodus in Mexico generally explains the flow of migrants across the border to the United States. This article argues that they must be analyzed instead as two distinct movements. Data presented show that most of the migrants created by the prevailing conditions in Mexican rural villages settle within Mexico and that only specific types of migrants are attracted over the border."