I spent yesterday evening watching Agnieszka Holland’s remarkable film “Green Border” which has just been released to streaming in the UK after spending about 30 seconds in cinemas. The episode that provides the film’s context is the 2021 decision of Alexander Lukashenko, dictator of Belarus and Putin’s puppet, to make use of refugees as a weapon against “the West” by opening up a route for them from Turkey and then shipping them to the border with Poland and, hence, the European Union, where they might hope to claim asylum. The refugees themselves are blameless in all this, and we first see the main family on the flight, Syrians, full of optimism and hoping, that unlike in Turkey they will be able to get their children into school. But what happens is that they are driven to the border by the Belarussians and pushed over into inhospitable forest in winter and then, when discovered by the Poles, brutally pushed back across, through and sometimes over the razor wire that marks the frontier. Stranded in this zone, more and more of them succumb to cold, hunger, injury and disease.
The focus of the film is distributed among various characters: a Polish border guard and his heavily pregnant partner (which mirrors the condition of several refugees); a Polish psychologist and widow to Covid, who lives near the border and responds to cries she hears late at night; the Syrian family and the English-speaking Afghan woman who attaches herself to them and whose brother worked with Polish forces in Afghanistan; and the activists, riven by disagreements. [click to continue…]
Amid the current horror and propaganda, the pogroms, kidnapping and bombings, and the (at best reckless) violence against civilian populations it is important not to lose sight of what a justish solution might be in Israel/Palestine and it seems to me that this is actually a rather simple matter at least as soon as we set aside outcomes that require the total erasure by displacement or murder of either Jewish Israelis or Palestinian Arabs or the unjust domination of one group by the other. Some “just” solutions are better than others, but in the non-ideal world we have to accept some compromise with geopolitical force majeure and the fact that some people just hate other kinds of people.
Just-ish solutions
1A: A single state in which everyone living long-term within its borders has citizenship on equal terms, irrespective of national, ethnic or religious background.
1B: A single state with some kind of consociational system for power-sharing and, therefore, some explicit recognition of individual national, ethnic, or religious affiliation.
2: A two-state solution involving demarcated territory for each national group, based on some fair territorial settlement between them.
1A is preferable to 1B is preferable to 2, from an abstract liberal and democratic perspective. But given that we live under non-ideal circumstances and peace is also important, then 2 strikes me as acceptable.
When journalists write articles about whether countries are free or not, as with this piece in the Financial Times by Martin Wolf about India, they often rely on the ratings from Freedom House. Reading Wolf’s article, my interest was piqued concerning what Freedom House says about the post-Brexit UK, and specifically for the freedoms that it classes as “civil liberties”. Given that one recent major study — Chandran Kukathas’s Immigration and Freedom — makes a compelling argument that immigration restrictions involve extensive restrictions on everyone’s liberty, I was interested to see how this would be reflected both in Freedom House’s criteria and in its use of those criteria in country reports.
First of all then, Freedom House’s methodology. There would seem to be several relevant parts:
F4. Do laws, policies, and practices guarantee equal treatment of various segments of the population?
Do members of such groups face legal and/or de facto discrimination in areas including employment, education, and housing because of their identification with a particular group?
As I’ve discussed before on Crooked Timber, and as is extensively documented by Amelia Gentleman in her book The Windrush Betrayal, the UK’s hostile environment legislation, pioneered by then Home Secretary Theresa May, had the effect of denying to many people, particularly of Caribbean origin, employment, housing and health. Many children born to immigrants in the UK are denied access to higher education because of restrictive nationality laws.
In a democracy one might, naively, imagine that political deliberation would involve the presentation of the arguments that people think bear on the question at hand. That is, if someone is in favour of a policy they would present the arguments that they believe support it and if someone is against it they they would do the opposite. One of the surreal aspects of British parliamentary debate on refugees and asylum is that neither the government nor the opposition do anything of the kind, and nor, for that matter do the media do much to improve things.
Consider, that everybody knows that Rishi Sunak’s harsh denial of the right to claim asylum of those who arrive “illegally” is motivated by the fact that the base of the Tory party and a sizeable chunk of “red wall” voters are strongly anti-immigration and that Tory strategists are concerned about the “small boats” issue, both because they are worried that a lack of border control gives off a sign of incompetence and because they want to expose Labour as “weak” on “illegal immigration”. In the Tory press, refugees and asylum seekers are constantly demonized as freeloaders, economic migrants, and young male invaders who pose a threat both of sexual predation and terrorism. (The European far-right, including Italy’s Salvini, France’s Zemmour, and the German AfD, in praising the British policy, do so explicitly as keeping the brown hordes at bay.) Labour, on the other hand, while they have a poor record of support for refugee rights, at least stand for maintaining the current human rights framework and upholding the right to claim asylum as set out in the 1951 Convention. [click to continue…]
The UK is a signatory of the 1951 Refugee Convention, along with a number of other international instruments providing for humanitarian protection. The Convention provides that someone who is a refugee – a status that they have on the basis of their objective circumstances, having a well-founded fear of persecution on specific grounds and being outside their country of citizenship or habitual residence – must be granted certain protections by signatory countries. The most important of these is that they not be sent back to a place where they are at risk of persecution. The weakness of the Convention is that people cannot usually secure recognition as refugees by a country unless they claim asylum on its territory. Accordingly, wealthy nations seek to make it the case that those wanting protection cannot physically or legally get onto the territory to make a claim. That way, states can both vaunt their status as human rights defenders (“we support the Convention”) and nullify its effect in practice.
Today, ostensibly as a response to the “small boats” crisis, which has seen tens of thousands of people from countries such as Afghanistan and Iran arrive in the south of England after crossing the channel, the Conservative government has announced new plans to deter refugees. Those arriving will no longer be able to claim asylum in the UK, as the government will not try to find out whether they are refugees or not, they will be detained, and then they will be removed to their country of origin or to a third country (potentially breaching the non-refoulement provision of the Convention). The plan has been to send them to Rwanda, although because of legal challenges nobody has actually been sent and, anyway, Rwanda lacks the capacity. Even the plan to detain arrivals in the UK runs up against the problem that the UK lacks the accommodation to do so. In addition, people who cross in small boats are to be denied the possibility of ever settling in the UK or of securing citizenship. So as well as being a stain on the UK’s human rights record and a measure of great cruelty, the plans appear to be practically unworkable.
The government, echoed by the Labour opposition, blames “evil smuggling gangs” as the “root cause” of the small boats crisis. But, of course, the real root cause of the crisis are the measures the UK takes to evade its obligations under the Refugee Conventions, measures that make it necessary for anyone wanting to claim asylum on the territory to enter without the authorization of the UK government. People at risk of persecution, whether Iranian women protesting against the veil, or Afghan translators who worked with the British government, are not granted regular visas to hop on a flight, nor will they be able to get to the UK by road or rail. The UK has sealed these routes, making those who want to cross turn to the boats as a solution. [click to continue…]
A few years ago at Crooked Timber, I posted a review of Oscar Martinez’s book The Beast, about the migration route to the United States from Central America through Mexico. It was a horrifying catalogue of coercion, physical injuries, murders and rapes and one friend who read it on my recommendation told me he regretted having done so, because it was so disturbing. If anything a more horrible story is told in My Fourth Time We Drowned: Seeking Refuge on the World’s Deadliest Migration Route, by the Irish journalist Sally Hayden. It is a book that exposes the deadly migration route across the Sahara to Libya, the Libyan detention camps run by militias, and then the attempts to cross the Mediterranean that are often foiled by the EU-funded Libyan “coastguard”, that often lead to mass drownings and only sometimes to an arrival in Italy or Malta.
There are many nationalities trying to cross to Europe, but many of them, and a particular focus of Hayden’s narrative, are Eritreans. Eritrea is the most repressive state in Africa and by some measures more repressive than North Korea. The Eritreans who are trying to flee this police state are trying to escape a life of indefinite conscription, often punctuated by violence and by sexual abuse. European states, in an echo of their actions in trying to prevent Jews from fleeing Germany in the 1930s, act so as to make it as difficult for people to escape as possible. In doing so, they empower and enrich both the people smugglers who treat these escapees as exploitable assets and the various militias who run detention camps within Libya.
As they make their way across the desert, where many are abandoned and die, migrants fall into the hands of smugglers to whom they may already have paid a fee. They are held and their relatives receive pictures of them demanding more money for their onward transit, pictures of sons and daughter being tortured that resemble for all the world those pictures of Abu Ghraib. The smugglers who hold them in these coralls, not only torture for money and recreation, they also rape large numbers of the women held there. [click to continue…]
Yesterday was a terrible day for anyone seeking refuge in the United Kingdom, a signatory of the 1951 Refugee Convention. Obsessed by a small number of people arriving on its south coast from France, the UK government has signed a memorandum of association with Rwanda under which people deemed inadmissible to have their claim for asylum assessed by the UK will be transferred to Rwanda to be dealt with under the Rwandan refugee system. Boris Johnson, for whom this announcement conveniently deflects attention from a finding of criminality against him, expects that tens of thousands of people will be sent to Rwanda. One of the claims made in support of the deal is that Britain’s capacity is not unlimited, but the proposed solution is to dump people in a much smaller and poorer country.
As usual ministers are trumpeting the lie that the UK has a “proud record” of refugee protection, whereas in fact the UK takes a very small number of refugees compared to neighbouring countries such as France and Germany. The UK recently set up bespoke schemes for Ukrainians, Afghans and Hong Kong Chinese. Hardly any Ukrainians have arrived and many have faced formidable bureaucratic obstacles in getting a visa; Afghans cannot apply from Afghanistan and those that arrived in the evacuation following the fall of Kabul are now languishing in poor conditions in overcrowded hotels. As a performative measure to show how much he cared about Ukrainians, Johnson apppointed a new minister for refugees, whom he then neglected to inform about the deal with Rwanda. [click to continue…]
I recall that a few years ago, when Israel bombed the Gaza strip in the middle of the (Northern Hemisphere-) Summer, I felt angry and powerless. People, locked up in what was essentially an open air prison, had nowhere to escape or hide. The war in Syria similarly has led to horrible suffering. There have been many other wars or armed conflicts, but most of them hardly receive sustained reporting. And now there is the Russian war in Ukraine.
I am sure many of you ask, in such circumstances: “What we can do?” And I’ve heard some say “There is nothing we can do”. But that is not true. I’ve come up with the following answer to that question for myself, and am interested in learning how you answer that question for yourself. [note: trolls don’t even need to try; in case of doubt, I’ll delete]. [click to continue…]
Around thirty people are dead, drowned in the English Channel. And everyone knows why they died. Because the UK government, like all governments of wealthy countries, makes it impossible for people who want to claim asylum to enter the country by the ways you and I travel. So people who want to do so – as is their human right – have to enter by clandestine means. And because states are powerful, have border guards, fences, technology to detect people etc, they have to make use of smugglers to get across international borders.
Whenever there’s a major loss of life, the same politicians who have done everything they can to make it impossible for people to arrive by safe means, blame the smugglers and criminal gangs whose businesses would not exist without the measures they themselves put in place. They deplore people who make a profit at the expense of the vulnerable, but make sure that they also criminalize people who would help those people for free from humanitarian motives. [click to continue…]
Just finished Johny Pitts’s Afropean: Notes from a Black Europe (Penguin). It is a remarkable and highly readable book which I strongly recommend. Pitts, a journalist and photographer from Sheffield in England, embarks on a journey across Europe to discover the continent’s African communities, from Sheffield itself, through Paris, the Netherlands, Berlin, Sweden, Russia, Rome, Marseille and Lisbon. Pitts, the son of an African-American soul singer and a working-class Englishwoman, is a curious insider-outsider narrator of the book which ambles from meditations on black history and (often American) literary forbears to chance encounters with black and brown Europeans in hostels, trains, stations, cafés and universities.
Is there a unity in all this? Hard to say, since as Pitts observes, these different populations, linked by an experience of marginalisation, come to be where they are via very diverse personal and collective histories. Some have come in their best clothes from former colonies to nations they were taught about as the motherland, only to find they had to make their lives in a place that was disappointing or hostile and where the white population — British, French, or Dutch — remain ill-disposed to see their new compatriots as being part of themselves. Others have fled war, persecution and trauma in Sudan or South Africa, only to find themselves exiled on the periphery of Scandiavian social democracy. And then there are the residual African students in a Russia transformed in thirty years from somewhere professing — occastionally sincerely — the unity and equality of all humankind, into a place where it is dangerous for black people to venture out at night for fear of violent attack or worse.
A guest post by David Owen (University of Southampton).
T. Alexander Aleinikoff & Leah Zamore, *The Arc of Protection: Reforming the International Refugee Regime*, Stanford University Press, 2019.
This book is a bold attempt to rethink the requirements of an international protection regime for forced migrants as well as a significant challenge to the view I recently proposed in my own book (reviewed [here](https://crookedtimber.org/2020/02/19/an-important-new-book-about-refugeehood/) by Chris Bertram). Combining a revisionist history of the international refugee regime and a call for a contemporary widening of that regime, it traces proposes a set of principles and practices of protection that the authors take to be adequate to challenges of our current circumstances.
That the international refugee regime is far from well-functioning is hardly a controversial judgment and Aleinkoff & Zamore begin by sketching out the character of its failure and the relationship of that failure to the shift to thinking of refugees in humanitarian terms. As they rightly note, the 1951 Refugee Convention is much more focused than current humanitarian practice on rights and on the integration of refugees – as social, economic and even political agents – into their states of residence. Their reconstruction of the post-WW2 emergence of our current refugee regime provides the basis for the pivotal claim of the book, which is a rejection of what they term ‘the Modern Standard Picture’ (MSP) of refugee protection according to which (1) citizens are entitled to the protection of their basic rights by their home state, (2) a refugee is someone whose home state has failed to protect them so that they have had to flee from it and (3) international protection is a surrogate or substitute for the responsibilities of their home state implemented through the protection of another state. MSP is a widely held view (my own work may be seen as a version of it) but they argue that it cannot make sense of the focus of the Refugee Convention on overcoming obstacles to the rebuilding of refugee lives in the host state by establishing requirements on host states to provide some rights in forms equivalent to those enjoyed by citizens and the remainder in the form enjoyed by the most favoured immigrants: ‘if international protection is a surrogate for anything, it is the inability or unwillingness of the host state to protect and assist refugees in their territory’ (p.51). The simple but radical redirecting of the focus of refugee protection onto the obligation of the international community to provide the rights and resources for refugees to be able to rebuild their lives, to enjoy agency and welfare wherever they are, provides the basis on which their argument and proposals stand. [click to continue…]
Once again, Europe is failing in its duties towards refugees. The latest episode is [the decision of Turkey’s President ErdoÄŸan to permit and even to encourage thousands of people to cross into Greece](https://www.theguardian.com/world/2020/feb/29/erdogan-says-border-will-stay-open-as-greece-tries-to-repel-influx) in order to pressure the EU to do more to support Turkey in its conflict with Russia and the Assad regime in Syria’s Idlib province, itself a site of mass forced displacement where people who have fled Aleppo and other conflict areas in Syria are now concentrated. ErdoÄŸan’s instumentalization of migrants and refugees is cynical and calculated, but that doesn’t excuse the failure of Europe to do its part. Turkey already hosts 3.7 million displaced people from Syria on its territory and the EU has viewed the country as a convenient buffer to keep them from its borders, paying ErdoÄŸan €6 billion to warehouse them. [click to continue…]
A brief plug for an important new (and affordable) book: every home should have one! David Owen has long been know for his thoughtful contribution to philosophical debates around migration, and now he has published a brilliant short book, [*What Do We Owe to Refugees?*](https://politybooks.com/bookdetail/?isbn=9781509539734&subject_id=2) in the same excellent *Political Theory Today* series from Polity that my own book appears in. David’s book is highly readable and gives a solid introduction to the main controversy that runs through modern debates on refugeehood, namely, whether we should adopt a “humanitarian” or a “political” conception of refugees and what we owe to them.
A humanitarian conception of refugees focuses attention on them as needy persons forcibly displaced through no fault of their own. They may be fleeing persecution, or war, or natural disaster or environmental collapse, and the duties that we have to them flow from our common humanity. It is their neediness and not the specific cause of their neediness that is the most important factor. A political conception, by contrast, sees refugees as victims of a special wrong, the denial of political status, of effective citizenship through persecution by the very state whose obligation it is to include them as citizens and to guarantee and respect their rights. Refugeehood as conceived of by the political conception is an internationally-recognized political substitute for the membership that has been unjustly denied by a person’s persecutors. [click to continue…]
Since this blog owes a lot to Chris (that is an understatement…), I want to let you know that on FB, Chris has launched a fundraiser for Bristol Refugee Rights, an organisator supporting refugees in Bristol of which Chris is the Chair of the trustees. If you’re on FB I am sure you can find your way there to the place to donate; otherwise, you can use this link.
Chris shares his birthday with my sister (Gelukkige verjaardag, zusje!) and with my former PhD-supervisor Amartya Sen, who celebrates his 85th birthday today (Happy birthday, Amartya!).
Since I was writing to them today, it occurred to me that the Dutch language has a word that, according to my knowledge of English and the online dictionary that I consulted, doesn’t have an equivalent in English: de jarige – the person who has their birthday. Either I am wrong, and then you sharp people will surely teach me a new word, or else I may have found one of the very few words in Dutch that doesn’t have an English equivalent (most of the time, it’s the other way around).
For as long as I can remember, the philosopher’s stock example of a proposition that is morally uncontroversial has been “torturing babies is wrong”. Yet it turns out that torturing babies, or at least toddlers, is US government policy, where that policy involves separating them from their parents, leaving them in acute distress and certainly consigning many of them to a lifetime of mental health problems. And all so that Donald Trump can play at symbolic politics with his base. The justification given to the policy by people like Attorney General Jeff Sessions seems to be that the government is simply enforcing the law.
This discourse, that the law has to be enforced and that unauthorized immigrants are lawbreakers who must be punished, is pretty questionable in itself. But in this case it flies in the face of the US government’s commitments under the Refugee Convention, incorporated into US domestic law, according to which refugees are not liable to criminal sanction for unlawful entry. There’s also the Convention on the Rights of the Child, which the US has signed up to but not ratified. So, even if you think that laws must be followed and enforced, the question of who the lawbreakers are here is one that does not admit of a clear answer. Not that one should have confidence that the Supreme Court of the United States would interpret the United States’ legal obligation under the Convention in a way that that does not reflect partisan political judgement. Government of laws not of men? Not really.
As a European it is tempting simply to point the finger at Trump, but our own well is just as poisoned. Hungary now intends to criminalize those who give assistance to migrants and refugees, including merely informing them of their legal rights. Salvini, the new Italian interior minister, having refused to allow migrants to dock at Italian ports, now contemplates a purge of people of Roma ethnicity from Italian territory and regrets that he cannot deport the ones who have Italian nationality. And then there are Europe’s 34,361 dead migrants. Terrible times, and all the more terrible because electorates, or at best substantial minorities of them, are willing this stuff. We who disagree have to say: not in our name. And we have to do what we can to push back.