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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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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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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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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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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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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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Migration Policy and Migration Management of Syrians in Turkey

Author(s): Michelle Dromgold / Language(s): English Publication Year: 0

Since the outbreak of the Syrian Civil War in the spring of 2011, the number of Syrian nationals seeking refuge within the borders of Turkey has surged, and the recent intensified threat of the Islamic State of Iraq and Syria (ISIS) has only caused the number of Syrians fleeing to Turkey for safety to rise further. Today, Turkey hosts more Syrians than any other country in the world; according to official United Nations Refugee Association (UNHCR) registration statistics as of April 10, 2015, there are 1,758,092 registered Syrians in Turkey (UNHCR 2015) although estimates among academics, representatives from non-governmental organizations (NGOs) and others predict the actual number of Syrians in the country as closer to 2.5 million. However, the legal status of Syrians in Turkey is unique. Not legally recognized as refugees due to Turkey’s historic and current migration policies, Syrians in Turkey are considered as ‘guests’ in the country and remain here under the legal status of temporary protection. Although this status provides for many basic rights - including shelter, food, education, medical support and the possibility of employment - Syrians often remain uninformed of and unable to access their rights-based provisions. Additionally, as the governmental and societal discourse of ‘guests’ suggests, Syrians are expected to be ‘hosted’ by the Turkish government and society and subsequently return home. Although governmental policy and many Turkish humanitarian aid-based NGOs continue to convey this discourse of Syrians as ‘guests’ under temporary protection, Turkish society is becoming tense - the Syrian ‘guests’ have overstayed their welcome.

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The Integration of Immigrants in Rural Communities: An Example of City Council’s Approach Towards Turks in France

Author(s): Markéta Seidlová / Language(s): English Publication Year: 0

France has among the European countries one of the longest tradition of receiving immigrants (Freeman, 1994) and was considered for long time as one of the model countries of incorporation of immigrants. France has represented the model called “assimilation”, i.e. the attitude that gives to immigrants all the civic rights very quickly, but in exchange it’s expected that they will give up their cultural particularities and that they will in some sort “forget” from where they come (Seidlová, 2008).

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Göç ve Erken Çocukluk Gelişimi: Global Bir Bakış

Author(s): Nurper Ülküer / Language(s): Turkish Publication Year: 0

Göç olgusu, yüzyıllar boyu insanların kendilerine daha uygun yaşam kurabilme isteği ve çabasıyla var olagelmiştir. Hemen hemen her ailenin uzun veya kısa bir göç hikayesi vardır. Ancak son yıllarda, bilhassa iç ve dış toplumsal çatışmaların sonucu olarak, insanların göçe zorlanması yığınlar halinde göç dalgalarının oluşmasına neden olmaktadır. Sayısı bir milyarı bulan, göçmenlerin ve yeni bir “vatan” arayan mültecilerin insan hakları ve insanca yaşama ihtiyaçlarının birçok uluslararası platformda tartışılmakta, Sivil Toplum Örgütleri ve Birleşmiş Milletler nezdine, bilhassa 2030 Dünya Kalkınma Gündemi çerçevesinde çözümler aranmaktadır. Konu acil ve komplekstir.

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Optužnice podignute devedesetih za kaznena djela protiv vrijednosti zaštićenih međunarodnim humanitarnim pravom

Author(s): Veselinka Kastratović / Language(s): Croatian Publication Year: 0

Organizacije za ljudska prava Centar za mir, nenasilje i ljudska prava, Osijek, Documenta - Centar za suočavanje s prošlošću, Zagreb i Građanski odbor za ljudska prava, Zagreb od 2005. godine pred sudovima u Republici Hrvatskoj prate kaznene postupke ratnih zločina. Od početka sustavnog praćenja suđenja za kaznena djela ratnog zločina, u optužnicama podignutim devedesetih godina uočeni su specifični problemi.

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O devijacijama institucija pravne države u slučaju Mirka Graorca

Author(s): Zoran Pusić / Language(s): Croatian Publication Year: 0

Slučaj Mirka Graorca, umirovljenog prometnog policajca iz Splita, započeo je njegovim uhićenjem 29. travnja 1995. U prvom procesu 1996. godine, vođenom na splitskom Županijskom sudu, Graorac je osuđen na 20 godina zatvora i, nakon odsluženja kazne, na doživotno protjerivanje iz Hrvatske. Vrhovni sud je na ponovljenom suđenju 2000. godine Graorca osudio na 15 godina zatvora, bez izricanja zaštitne mjere doživotnog protjerivanja iz Hrvatske.

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Neriješeno pitanje reparacije civilnih žrtava ratnih zločina i rezultati analize

Author(s): Emina Bužinkić / Language(s): Croatian Publication Year: 0

Za razliku od mnogih zemalja u svijetu koje su obilježene višegodišnjim ratnim sukobom i brojnim ljudskim stradanjima i materijalnim štetama, Republika Hrvatska nije uspostavila sveobuhvatan nacionalni program obeštećenja i reparacija civilnih stradalnika i ratom pogođenih zajednica. Od 1991. godine, kada su otpočeli prvi sukobi koji su poslije vodili u dalekosežno okupiranje, brojna ljudska stradanja i neprocjenjivu materijalnu štetu, Republika Hrvatska nastavila je s primjenom, uz poneku izmjenu, postojećih republičkih zakona naslijeđenih iz tada već bivše, dezintegrirane Jugoslavije, te tijekom idućih godina prihvatila niz nepovezanih zakona koji do danas nisu ispunili zadaću obeštećenja i reparacija stradalog civilnog stanovništva i stradalih područja.

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The future of the European Migration and Asylum Policy

Author(s): Judyta Cabańska / Language(s): English Publication Year: 0

Purpose: Migration is acomplex issue, with many facets that need to be weighed. Five years after the 2015 refugee crisis and the European Agenda on Migration, the EU still lacks a common migration and asylum policy. The aim of the chapter is to discuss the future of the migration and asylum policy in the European Union. Design/methodology/approach: The chapter analyzes the current migration situation in Europe, the impact of Covid-19 on migratory flows in Europe, challenges faced by the EU, and legislative initiatives proposed under the New Pact on Migration and Asylum. The text indicates key challenges related to migration faced by the European Union and provides an overview of the legislative proposals that seek to address the identified gaps. Findings: Covid-19 pandemic highlighted the need for the EU to be prepared to address situations of force majeure and broader crises, which impact migration and asylum management systems. The Pact on Migration and Asylum sets out the Commission’s new approach to migration, addresses border management, and ensures more coherence to integrate the internal and external dimensions of migration policies. Originality and value: The chapter attempts to contribute to the literature on international migration by delivering analysis results of Covid-19 pandemic’s impact on the migration flows in Europe and the analysis of EU’s new approach to migration and asylum policy.

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NEKE PRETPOSTAVKE ZA BRISELSKU BOSNU I HERCEGOVINU

Author(s): Omer Ibrahimagić / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

This paper discusses the process of accession of Bosnia and Herzegovina to the European Union and the Euro-Atlantic security system at a time when Bosnia and Herzegovina’s state structure is regulated under the Dayton Agreement, according to which the main pillar of the political order is the rule of three ethnic groups instead of citizens, which therefore instead of democracy introduced the rule of ethnocracy. The consequence is that even 20 years after Dayton Bosnia and Herzegovina is still not a functional state, because the entities created by ethnicity (Serbs in the Republika Srpska, Bosniaks and Croats in the Federation of BiH) have become self-sufficient (entitocracy) and disinterested in the creation of a single state policy. Therefore, BiH has no strategy of socio-economic development and lags behind in meeting the requirements for joining the European Union, for which two-thirds majority of its citizens have voted. This paper offers proposals whose adoption would achieve at least some assumptions to accelerate the process of transition of Bosnia and Herzegovina from Dayton (chained with ethnicities and entities) into Brussels (dynamic-civil) phase of its EU accession.

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