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Abstract

Migration control policies at Europe’s borders that lead to human rights violations are widespread. As a result, NGO s, law clinics and individual lawyers mobilise the law against different actors in an attempt to seek accountability for these violations and end the policies that cause them. Accordingly, the aim of this article is to present an overview of and initial reflection on strategic litigation concerning the Central Mediterranean migration route. The article first depicts European migration control policies in the Central Mediterranean and their human rights consequences. It then provides an overview of recent strategic litigation before various domestic, regional and international forums. Finally, the article discusses the potential of these litigation efforts to overcome the accountability challenges caused by European migration control policies in the Central Mediterranean.

Open Access
In: European Journal of Migration and Law

Abstract

This article analyses the legal origins of the ‘substance of rights’ doctrine, and its judicial development since its creation in landmark Union citizenship cases over a decade ago. It is demonstrated how the status of Union citizenship has evolved from being a proclaimed fundamental status for the individual in a lawful cross-border situation, to an increasingly operational and legally effective status regardless of the nature of the free movement situation. Under a genuinely substantive status of Union citizenship, any and all Member States are obligated to neither restrict freedom of movement under art. 21 TFEU, nor deprive, de jure or de facto, a Union citizen of the genuine enjoyment of the substance of Union citizenship rights under art. 20 TFEU. Thereby, the relevance of art. 20 TFEU is no longer reserved to the Union citizen’s relationship to their home Member State. In addition, it is argued that, as the jurisdictional spheres of art. 21 TFEU and 20 TFEU merge, the legal mechanisms of EU fundamental rights protection should also be streamlined across Directive 2004/38, art. 21 TFEU and art. 20 TFEU; thereby giving further substance to the citizenship ideal of civis europaeus sum.

Open Access
In: European Journal of Migration and Law
The 14th thematic volume of International Development Policy provides perspectives through case studies from the global Souths focusing on the challenges and opportunities of governing migration on the subnational, national, regional and international levels. Bringing together some thirty authors from Africa, Latin America and Asia, the book explores existing and new policies and frameworks in terms of their successes and best practices, and looks at them through the lens of additional challenges, such as those brought on by the COVID-19 pandemic, the rise of nationalisms and an increase in xenophobia. The chapters also take the ‘5 Ps’ approach to sustainable development (people, planet, prosperity, peace and partnerships) and assess how migration policies serve sustainable development in a rapidly evolving context.

Contributors are Yousra Abourabi, Gabriela Agosto, Belkis Aracena, Andrea Fernández Benítez, Macarena Chepo, Amanda Coffie, Jonathan Crush, María del Consuelo Dávila Pérez, Dêlidji Eric Degila, Jenny Lind Elmaco, René Leyva Flores, Luisa Feline Freier, Silvia Núñez García, Marcela Pezoa González, Binod Khadria, Ariel González Levaggi, Wei Li, Meixin Liu, Ling Ma, Ratnam Mishra, Daniel Naujoks, Claudia Padilla, Karol Rojas, Fabiana Rubinstein, Yining Tan, Narender Thakur, Gerasimos Tsourapas, Valeria Marina Valle and Jossette Iribarne Wiff.
Authors: , , , and

Abstract

The scope and the study of international migration have reached unprecedented levels. The UN Global Compact for Safe, Orderly and Regular Migration (GCM) recognises that ‘migration is a multidimensional reality of major relevance for the sustainable development of countries of origin, transit and destination’, and calls for ‘integrat[ing] migration into development planning and sectoral policies at local, national, regional and global levels’. Such policies may include targeting individuals who are highly skilled/highly educated or lower skilled/less educated to fulfil different developmental goals. China, with its globalised economy, rapid economic growth, and wealth accumulation in recent decades embodies such a trend. With recruitment policies for top-tier Chinese returnees and foreign professionals, China has become an emerging destination for overseas talent. However, there is a lack of city-level/local-level analysis of the roles that local incentives and policies play when people choose a destination city. We aim to fill this gap by focusing on city-level talent recruitment and retention policies in Guangzhou, the capital of China’s Guangdong Province. In this policy commentary, we will 1) Compare and contrast the talent recruitment and retention policies instituted and implemented by the City of Guangzhou to attract Chinese returnees and foreign professionals in the last two decades; and 2) Assess the effectiveness and fairness of such policies, and their implications for other areas and countries in the global ‘race for talent’.

Open Access
In: Governing Migration for Development from the Global Souths

Abstract

One of the main actions implemented globally to control the COVID-19 pandemic has been the restriction of population mobility, by closing borders (aerial, terrestrial and maritime), restricting circulation, and ordering mandatory confinement. Latin America has been no exception, and various countries in the region have implemented, among other measures, border closures and curfew policies. Other countries, such as Mexico, have opted instead for persuasive measures appealing to the good will of the populace, asking them to stay at home and practice frequent handwashing, and have provided the public with daily information regarding the current state of the pandemic. It is to be expected that interventions that fall at either of the two extreme ends of this spectrum lead to different effects on the behaviour of the pandemic. This study aims to analyse the pandemic response measures of border closure and internal mobility restriction, and their relation to the behaviour of the COVID-19 pandemic (by case number trends), comparing Central American countries and Mexico. A document analysis was conducted, using official government publications and mass communication channels that provided information on actions taken to control COVID-19, as well as epidemiological reports from each country. The epidemic curve, which reflects confirmed COVID-19 cases per 100,000 inhabitants, was not significantly different between the Central American countries, which mostly implemented border closures and curfews, and Mexico, which did not. Mandatory border closures and restrictions on internal mobility in Central American countries—with the exceptions of Nicaragua, which imposed neither, and Costa Rica, which imposed border controls but only minimal internal restrictions—were found to constitute human rights violations.

Open Access
In: Governing Migration for Development from the Global Souths
Author:

Abstract

This chapter deepens the discourse on diaspora and development in countries of origin. It proposes a shift from focusing narrowly on inflows of foreign currencies to also considering other forms of remittances such as goods, skills and ideas, which help maintain emotional bonds between family and communities across generations. Ghana acknowledges the diaspora’s beneficial role in development and has established gateways to facilitate the flow of resources. However, these formal gateways are skewed toward financial remittances, seen as the essential source for the State’s developmental agenda. With its varied composition and resources, the Ghanaian diaspora uses multiple channels to contribute toward their families and local community projects through individual contributions and resource pooling. Thus, the Ghanaian diaspora’s engagement reflects a participatory approach that has received limited State recognition but is appreciated and encouraged by recipients within Ghanaian communities. The chapter recommends government provision of secure channels for financial transfers while recognising cultural remittances and social connections as crucial for sustaining families, especially for reducing poverty and ensuring food security, which are specific and immediate concerns for communities.

Open Access
In: Governing Migration for Development from the Global Souths
Author:

Abstract

As part of its new African integration policy, implemented under the reign of Mohammed VI, Morocco has developed a new migration policy. Traditionally, the Moroccan approach to migration was focused on the management of the Moroccan diaspora. Today, despite the low percentage of African migrants compared to European migrants in Morocco, special attention is paid to the regularisation of migrants coming from the South. The Kingdom of Morocco has therefore become an African migratory crossroads, not only for transit migration but also for incoming migration. While the European Union is trying to externalise the control of its borders to Maghreb countries, Morocco is striving to spread a positive and desecuritising discourse on migration to differentiate itself from Europe. This desire for differentiation is not an easy path, as this article demonstrates. It is motivated by the Moroccan will to affirm the African dimension of its identity and no longer be considered as a purely Arab-Muslim country looking to the Mediterranean region. To this end, Morocco has committed itself, as a ‘champion of migration’ within the African Union (AU, n.d.), to the dissemination of its own migration model over the continent and to the defence of an African vision of migration centred on continental mobility, promoting migration as a path to development and combating preconceived ideas about migration as a security problem. Overall, Morocco’s foreign policy in Africa has further encouraged sub-Saharan migration, which in turn has had many positive effects. In addition to the cosmopolitanisation of several Moroccan cities, the new migration policy seems to illustrate a boost in public policies and a willingness to overcome European normative transfers through diplomatic negotiation.

Open Access
In: Governing Migration for Development from the Global Souths

Abstract

By April 2021, Venezuela’s multidimensional crisis had led over 5.6 million of the country’s citizens to emigrate, mostly across South America. This chapter offers a comparative analysis of national policy responses to Venezuelan immigration in Argentina and Peru from a development perspective in the period 2015‒2020. Although the government of each country recognised the potential of disproportionate numbers of highly skilled Venezuelan immigrants, Argentina has been more successful than Peru in offering them legal pathways to immigration and incorporating them into the formal labour market. Our key argument is that Argentina has been able to foster the integration of Venezuelans—in terms of granting regular status, validating academic and professional degrees and providing access to basic social services—for three reasons: first, the lower overall numbers and higher socio-economic characteristics of the migrants; second, Argentina’s progressive legislative immigration framework; and third, the prominent role of civil society actors lobbying for immigrants and pushing for more inclusive public policies. In the case of Peru, the rapid increase in numbers of immigrants has led to a surge in xenophobic public opinion, which has generated pressure to implement non-inclusive policies. The country’s new immigration law lacks institutional consolidation, and there is no strong civil society to act as a counterweight to restrictive policy developments. The chapter contributes to the literature on the migration–development nexus, pointing out the importance of state capacity and civil society when thinking about migration and development in the global South.

Open Access
In: Governing Migration for Development from the Global Souths

Abstract

The importance of labour migration as an instrument for states’ development has been a key consideration for a range of countries across the global South. Egypt was one of the first states across North Africa and the Middle East to establish specific policies on the governance of labour migration in the context of social and economic development, which have been effective since the early 1970s. This chapter aims to identify the range of policies introduced by the Egyptian state with the aim of governing migration, and to examine the distinct contributions of cross-border socioeconomic mobility to development. Drawing on a range of primary and secondary sources in Arabic and English, as well as extensive fieldwork in Cairo, the chapter points to the fact that Egyptian public policies aim to attract far more than economic remittances; and demonstrates how Egypt approaches migration in a holistic manner, seeking to maximise the benefits from citizens’ emigration and their time abroad, while also encouraging return skilled migration.

Open Access
In: Governing Migration for Development from the Global Souths