Category: Bordering control justice

Disablement and resistance in the British immigration system

Posted on by Emily

By Rebecca Yeo.

The distinction between deserving and undeserving individuals has always been core to immigration policy in the UK. However, the hostility and restrictions directed at those framed as ‘undeserving’ has steadily increased. The recently introduced Illegal Migration Bill takes these restrictions to a new level to include detaining and preventing new arrivals from even claiming asylum. The need to build effective opposition has never been more urgent. With this goal, it is important to consider the inequities of the current system, possible alternative approaches to resistance and the barriers that must be addressed.

The disabling impact of immigration controls

In 2012, then-Home Secretary Theresa May stated her aim to create a hostile environment. Subsequent legislation (Immigration Act, 2014; Immigration Act, 2016) was explicitly designed to restrict access to such necessities as housing, financial support and sense of safety. These policies prevent people from meeting their human needs. As one Disabled woman subject to asylum restrictions said to me: ‘If they are torturing someone they can’t expect that person to be okay.’ The Independent Chief Inspector of Borders and Immigration (ICIBI) acknowledges that ‘immigration control measures which deny access to services, can increase vulnerability.’ The result is to disable people with existing impairments, as well as to create new impairments. Immigration policy is actively and deliberately disabling.

Mural created with Disabled people subject to immigration controls, led by artist Andrew Bolton, see disabilitymurals.org.uk (Photograph: Mark Simmons)

Compassion in immigration policy

The hostility of immigration policy has always been combined with expressions of compassion. In her speech to the Conservative Party conference in October 2015, while setting out measures to create a hostile environment, Theresa May also proclaimed: ‘Let Britain stand up for the displaced, the persecuted and the oppressed. For the people who need our help and protection the most.’ Similarly, current Prime Minister Rishi Sunak asserts that he is ‘balancing’ his pledge to ‘stop the boats’ with assertions that ‘the UK remains a safe haven for the most vulnerable.’ Even the UK-Rwanda partnership includes a clause to allow for resettlement of some of ‘the most vulnerable’ refugees from Rwanda to the UK. This may be considered a welcome alternative to hostility. However, as the ICIBI asserts, Home Office efforts to identify ‘vulnerable individuals is a test not just of its competence but also of its capacity for compassion.’ Expressions of compassion towards ‘vulnerable’ individuals are not used to contest, but to reinforce, the legitimacy of hostility towards others.

A social model approach

Insights from the Disabled people’s movement could help focus resistance against the disabling impact of immigration policy. In 1976, the Union of Physically Impaired Against Segregation argued it is ‘society which disables.’ This principle was developed by disabled sociologist Michael Oliver, among others, to replace the individual approach of the charity model with what became known as the social model of disability. This approach calls for collective responsibility to address the disabling impact of inequities faced by people with impairments. A similar approach could focus on resisting the disabling restrictions imposed on people subject to immigration controls. Without negating the emotional and physical pain inherent in many forms of impairment, or in being forced to flee one’s home, effective resistance must challenge the socially constructed, and therefore changeable, injustices. A social model of immigration could bring together the Disabled people’s movement, people subject to immigration controls and allies of both, to build solidarity and collective resistance to the restrictions and inequalities of assumed human value, which underpin current injustices.

The barriers to change

It is meaningless to assert the need for a social model of immigration without acknowledging the barriers. Restricted access to services and support is a central tool of immigration policy. Barriers to change are not, however, exclusively at the level of the state.

Lived experience

Manjeet Kaur paints part of the mural that represents her experience: ‘The wheelchair is chained… I feel restricted by the UK Border Agency, I am not free to do anything.’
(Photograph: Andrew Bolton.)

The social model of disability was developed by Disabled people rather than charitable organisations. However, when people are struggling for immediate survival, there is little capacity to lead resistance. As activist Manjeet Kaur explained to me just months before she died, in the face of immediate struggles as a Disabled asylum seeker, ‘I don’t have the energy… I myself am in a floating boat, I can anytime fall down.’ The capacity for solidarity from the wider Disabled people’s movement is reduced by lack of information and individual struggles in the context of an ever more punitive welfare state. The mantra of the Disabled people’s movement ‘nothing about us, without us’ is as valid as ever, however, the solidarity of allies has never been so important.

Voluntary sector

The asylum voluntary sector may be the obvious source of solidarity. However, rather than seeking advice and collaboration from the Disabled people’s movement, all too often asylum voluntary sector organisations have endorsed Home Office and local authority initiatives towards individuals considered ‘vulnerable’ as if this approach is better than nothing. Of course, some compassion is better than none, but these initiatives adopt a regressive individualistic approach to disability. Like most progressive ideas, the social model of disability and associated concepts have been widely co-opted and distorted to remove demands for systemic change. This risks undermining key struggles of the Disabled people’s movement, including demands for the services and support necessary for independent living as enshrined in the UN Convention on the Rights of Disabled People. A broad-based movement of solidarity is needed to focus on addressing causal injustices.

Public response

Collective resistance is further hampered by lack of public concern. Response to the COVID-19 pandemic exposes how publicly acceptable it is to treat some lives as disposable. The majority of people who have died from COVID are Disabled. Yet public response to this knowledge is not to take collective responsibility to reduce the risk, but instead to remove precautions and leave the responsibility with individuals. The result is to exclude anyone concerned about infection from public space, with at least #Forgotten500k facing the fourth year of lockdown.

Widespread disregard for the value of certain lives may increase the barriers to effective action but if current inequalities are socially constructed the issue is not whether change is possible but how it can be achieved. Systemic change may appear unrealistic, but as author and disability activist Ellen Clifford writes: ‘We have no choice. The stakes have become too high’.

Rebecca Yeo is completing a postdoctoral fellowship at the University of Bristol on refining and promoting a ‘social model of asylum’ as a tool to transform responses to disability and forced migration in the UK. Her work draws on her involvement in the Disabled people’s movement and what she has learned from disabled people seeking asylum.

A recording of Rebecca’s webinar, ‘A social model of asylum: disablement and resistance in the British asylum system,’ is available here. This was part of a webinar series co-hosted by MMB and GRAMNet on ‘The Health of Migrants and the Right to Health.’ A recording of MMB’s emergency discussion on the 2023 Illegal Migration Bill can be watched here.

Previous post by Rebecca Yeo: ‘The power of collaborative art in research for social change,’ 8th March 2022.

Asylum and extraction in the Republic of Nauru

Posted on by Emily

New writing on migration and mobilities – an MMB special series

By Julia Morris.

My book, Asylum and Extraction in the Republic of Nauru (2023), looks at the impacts of outsourcing asylum to the world’s smallest island nation. The Pacific Island of Nauru was almost entirely economically dependent on the phosphate industry in the twentieth century. After the wealth it derived from phosphate extraction was depleted in the 1990s, the sovereign state resurged on the back of the asylum industry by importing Australia’s maritime asylum-seeking populations. On an on-then-off-again basis, following 2001 and 2012 agreements with Australia, anyone who makes their way by boat and claims to be a refugee in Australian territorial (now excised) waters is offshored to Nauru for refugee processing and resettlement.

I wrote this book at a time when governments worldwide were hunkering down with populist policies of externalised border enforcement. For decades, the EU has toyed with funding countries across Eastern Europe, North and East Africa, and Central Asia. The US has experimented with several extra-territorial asylum schemes, including processing Haitian asylum seekers in Guantanamo in the 1990s. Many Asian countries, including China, Japan, South Korea and Taiwan, have implemented restrictive detention and temporary visa practices for African migrants, in particular. Now, these arrangements have been given immense visibility with the UK government’s much debated Rwanda deal. Like Nauru, migrants – largely from Albania, the Middle East and South Asia – could be sent 4,000 miles south-east of where they lodged their asylum applications.

My book takes a different approach to tackling the global trend of outsourced asylum. It moves beyond arguments that centre on the erosion of asylum and international law. Rather than a benevolent system under threat, I argue that asylum is extractive. I make this argument by weaving between discussions of Nauru’s mineral and migrant extractive industries. My fieldwork in Nauru starkly revealed just how deeply asylum is an extractive industry. Nauru operated as a company town around phosphate and refugees, where an entire industrial assemblage of labourers and expertise, technologies and representation, worked to bring both sectors into being. By detailing the expansiveness of the phosphate and asylum industries, my work demystifies commodities that have immense fetishistic power. It shifts critical attention toward the international NGOs, state agencies, lawyers, activists and migrants that allow boom town sites to ‘pop into visibility’ in modular fashion, as Hannah Appel puts it when discussing the offshore oil and gas industry.

But, of course, this engineering is place specific and embedded in localised political economies (from Nauru to the Mediterranean), even if the wider asylum industry assemblage is in some ways standardised. Nauru’s boom story around refugees owes itself to the phosphate industry pathways that preceded it. The island’s colonial foundations around global extractive industries shaped its industrial fabric in the present. These structural relations were made evident to me almost daily. Not long after relocating to Nauru, Georgia, a Nauruan friend and phosphate worker, took me to ‘refugee royalties day.’ Similar to ‘phosphate royalties day,’ held down the road, landowners would collect monthly rental payments from the Australian government for leasing their land for buildings connected to the asylum industry. The nineteenth century system of land holdings from the era of colonial extraction structured these contemporary industry land negotiations. Scholars such as Tarcisius Kabutaulaka have found a similar relationship between extraction and land tenure in other colonial industry sectors. The process of resource exploitation produces a culture characterised by rapid monetisation, where land and humans are inscribed as economic commodities for generating financial income.

But while the asylum industry has been immensely profitable for some local islanders, it also – like phosphate mining – has harrowing consequences. The reality of cohorts of migrants from far different regions of the world, none interested in being there, and many with very particular psychological needs, are just some of the repercussions of this economic sector. For asylum seekers and refugees, most with devastating pasts and equally hazy futures, tragic instances of self-harm and suicide were commonplace. Australian psychiatrists and clinicians were on fly-in-fly-out cycles locally: many of them have since spoken out about the policy’s damaging effects.

Many islanders left jobs in Nauru’s schools and public service sectors to work at the regional processing centres. This option was more financially lucrative, but led to a ‘brain drain,’ as one local called it. Residents also described to me the corruption and greed that overtook the government. During my fieldwork, protests against local politicians were commonplace. Opposition MPs would form always-shifting alliances, using Australian media interest in refugees to encourage international and local support. Like the extractive industry communities that anthropologists and other scholars describe, torn apart by internal or intercommunity conflicts, fluctuating prosperity and contentious repercussions, Nauru became tied into the repeating destructions of a resource-cursed state.

In my work I describe the uneven placements of where containment industries are located, and the racialised populations that are governed, as a form of environmental racism. Toxicologists and scholars of extractive industries use this concept to describe the process whereby hazardous waste facilities are overwhelmingly sited in communities of color. In my view, the disproportionate exposures of hypercriminalisation, violence and precarity that largely Black and Brown migrants are subject to is also a form of environmental racism that is enacted on migrants’ bodies, as is the siting of carceral sectors in minority and low-income communities. Much like the toxicological ‘body burden,’ these harms can accumulate in people’s bodies over time. The conversations I had with migrants undergoing the asylum process and with local islanders battling the effects of phosphate extraction form part of the elongated exposures to violence experienced by certain populations and geographies. Both phosphate and asylum extraction centre around unnatural metallurgical processes with untold social and ecological costs. In the phosphate industry, dust and toxins are released into the atmosphere with tremendous pollutant effects. In the asylum industry, people are compelled to present themselves through legal narratives of trauma in order to move elsewhere. Linking the asylum industry boom to previous extractive practices in the landscape shows asylum to be part of the ‘hyper-extractive assemblage’ that scholars of resource extraction, such as Macarena Gómez-Barris and Michael Watts describe, premised on continued racial subordination.

A major difficulty in making these arguments is that many critics and publics have uncomfortable, mixed feelings in approaching people – and especially refugees – as commodities. Periodically, global media campaigns give visibility to the Nauru arrangement but often through a victim-villain binary. Since agreeing to the Australia deal, Nauruans have been targeted through global media and liberal advocacy campaigns as ‘refugee beaters’ … ‘cruel in the extreme’ … a heart of darkness, where refugees are ‘hacked with machetes’ by the local population. Such representations are not unique to Nauru. Based on western colonial stereotypes of the Indigenous, Black and Brown as savage, and the refugee as racialised suffering Other, this construct is mobilised by refugee solidarity advocates on a global scale to leverage against outsourcing asylum. The sorts of racist colonial tropes that Nauruans contend with are already in use by critics who claim that Rwanda is an ‘authoritarian state with extreme levels of surveillance’ and that it ‘tortures and murders those it considers to be its opponents.’

These Western mis/representations have troubling effects. In Nauru, the suffering-savage slot instigated fractious relations. As an advocacy strategy, it did little to endear locals to the plight of asylum seekers. In fact, it obscured powerful solidarities between locals and refugees that could have given added momentum against outsourcing asylum. And ultimately, I argue in my research, this imaginary has a fundamentally extractive character. It provides more political economic and moral value to the global asylum industry, which cyclically carries out operations in places like Nauru.

My book gives hope that we can disrupt these models of perennial extraction. By seeing the international refugee regime as an extractive process, we might better imagine alternative systems of free movement that go beyond adjudicating human worth and solidifying hierarchies of suffering. We can move towards using a more egalitarian language of solidarity, coalitions and commonality, rather than one of suffering, salvation and #RefugeesWelcome valuation. The logic of ‘mobility commons,’ put forward by Anna Nikolaeva and Mimi Sheller, is a theoretical framework that I am exploring using the creative arts and design. Together with the Berlin-based Organisms Democracy, I have been working on participatory projects in wild garden spaces with students and publics around cohabitation. Alongside this, I design experiential walking practices that encourage more expansive understandings about borders seen and unseen. These projects are inspired by powerful calls to ‘de-exceptionalise’ and ‘methodologically de-nationalise’ migration to broad publics. Outsourced asylum regimes continue to advance, as do political narratives surrounding migrant deterrence from global south to north. It becomes ever more urgent to explore the relationship between privileged and stigmatised (im)mobility, and commonalities of experiences.

Julia Morris is Assistant Professor of International Studies at the University of North Carolina Wilmington. Her research focuses on migration governance through the framework of resource extraction, from ethnographic fieldwork in the Republic of Nauru, Australia, Geneva and Fiji to research projects in Guatemala, Jordan and Lebanon. Her book, Asylum and Extraction in the Republic of Nauru, is recently published with Cornell University Press, with a 30% discount available here.

Julia will be giving an open air, interactive talk on ‘Territory and Citizens: Reimagining Cohabitation in the City‘ at MMB’s (de)Bordering plot on 3rd May.

‘An asylum ban’: why the Illegal Migration Bill must be stopped

Posted on by Emily

By Bridget Anderson.

The Athenian Laws introduced by Draco c. 621 BCE were said to be written not in ink but blood. This government’s Illegal Migration Bill currently going through the UK Parliament, is draconian. It is aimed at people who arrive irregularly – people who the government calls ‘illegal migrants’, but who might better be described as illegalised migrants. There is not some pre-existing category of illegal people who migrate, rather people are illegalised by borders and thereby rendered vulnerable to state and personal power.

The Bill places a duty on the Home Secretary to make arrangements to remove people who do not arrive via state approved routes (backdated to 7th March 2023) and who have not come directly from the country they are fleeing. The Home Secretary also has a duty to rule their asylum and certain human rights claims inadmissible. Because they are ruled inadmissible rather than refused there is no right of appeal. These people will be permanently banned from claiming asylum and from the removal protections of the Modern Slavery Act. They are an ‘ineligible person’ meaning they will never be eligible for any form of legal status or citizenship, or legal entry to the UK and neither will their family members including children yet to be born.

(Image: UnSplash)

People falling under this legislation will likely be detained for 28 days, which can be extended if the Secretary of State believes there is a ‘reasonable prospect’ of removal. There are three options for where they will be removed to. If they are from EEA countries or Albania they will be returned to their country of origin. If they are not from those states, they will not be returned to their country of origin, but, if there is an appropriate returns agreement, to the country which they left before coming to the UK. However, UK geography means this is likely to be France, so this is not currently an option. (In her response to the Bill suggesting the Labour Party’s direction of travel, Shadow Home Secretary Yvette Cooper made it clear that negotiating a returns agreement with France and other European countries would be a Labour Government priority). Non-EEA/non-Albanian nationals will therefore be sent to other states listed in the schedule of the Bill (note some of those listed are deemed appropriate only for men). The list includes Rwanda. As yet, there are no removal agreements with any of the other countries on that list.

The Bill’s preface acknowledges that its provisions may not be compatible with the European Convention on Human Rights. It is likely to be not compliant with the Council of Europe Convention on Action Against Trafficking in Human Beings, and the UN Refugee Agency has asserted that it is in breach of the Refugee Convention:

‘The legislation, if passed, would amount to an asylum ban – extinguishing the right to seek refugee protection in the United Kingdom for those who arrive irregularly, no matter how genuine and compelling their claim may be, and with no consideration of their individual circumstances’ (UNHCR, 7 March 2023).

The UK is effectively slamming the country shut to all those fleeing war and persecution, regardless of their circumstances. This is an end to the asylum system as we know it. Asylum seekers do not typically fly to the UK directly from their countries of origin – not least because years of carrier sanctions have closed that possibility. Most apply via the UK’s in-country application process having made long and dangerous journeys through several other countries. Should this Bill become law, the principal means of being granted refugee status will be via specific government-approved routes. The Bill requires that the Home Secretary set an annual cap on the numbers of people entering through these so-called ‘safe and legal routes’. The UK government may have set out ‘legal’ routes, but they are not necessarily ‘safe’. The MoD recently had to apologise for telling applicants to the Afghan relocations and assistance policy scheme (ARAP), which relocates MoD approved Afghans at risk of reprisals for working with the UK government in Afghanistan, that their documents needed to be approved by the Taliban to be successful.

There has been a chorus of criticism directed at the Bill. The opposition Labour Party is leading the charge with claims that it is unworkable and will not achieve the objectives of stopping the ‘small boats’. Human rights organisations, charities, religious groups and some lawyers are also challenging the ethics of the Bill – ‘cruelty without purpose’ as the Archbishop of York described it. Sections of the commentariat argue that whether it achieves its aims is a secondary issue (see, for example, The News Agents 2023; Dunt 2023). As Colin Yeo’s helpful analysis of the Bill puts it: ‘It is wishful thinking in legislative form.’

This is performance and the government is looking for a pre-election ‘wedge issue’. The Bill is cunningly drafted in such a way as to make legal challenge both difficult and limited. But challenged it will be, and we can anticipate more attacks on ‘lefty lawyers’ scapegoated for making unworkable legislation well, unworkable. The Explanatory Notes to the Bill set out the number of asylum claims (74,751 in 2022) in clause 9, followed by the ballooning cost of the asylum system (now £3 billion annually) in clause 10. But the cost of the system is not rising simply because of increasing numbers of claims, and there is no reason to think that this legislation will reduce costs.

Meanwhile, it is worth pausing to reflect on the irreparable harm to thousands of people that will be done by this performance piece. Forcible removals of desperate people will require systematic and institutionalised violence. The Home Office has said that ‘Using force on children in family groups may, unfortunately, be necessary if a family is resisting removal.’ There will be a new category of ‘ineligible person’ begging on our streets, permanently shut out of labour protections and services, and this status will be passed on from parents to children. It is estimated that there are over 200,000 undocumented children in the UK, many of whom were born here. This Bill will significantly add to this long-term undocumented population. Should a future government not repeal this Bill large numbers of people will be consigned to illegality, with all the vulnerability and potential for abuse that entails, for their entire lives.

Claims of unworkability sidestep the question of whether workability is desirable. Do we want removal agreements so that people can be efficiently sent to countries with which they have absolutely no connection? Sustained pressure must be put on the Labour Party, should it come to Government, to commit to repealing the entirety of this Bill and to mitigating the harms it will have already done. At a minimum this would mean regularising and expediting the asylum claims of all those caught up by the Bill wherever in the world they may be. This is not only because it is a vicious attack on the rights of people seeking to enter the UK, but it is also an attack on our shared futures. It attacks the rights of future children, and anyone who falls in love with them or wants to work with them or otherwise wishes to spend time with them in the UK. It undermines the global refugee regime. It will create a super exploitable workforce. It will exacerbate divisions in an already divided country. We are already seeing an increase in the criminalisation of those deemed to be assisting undocumented migrants, and more burdensome documentary checking required across employers and the public sector, with all of the racism that stokes. As the undocumented population increases, arguments for ID cards will sound more reasonable. The current government is good at three-word slogans. I have one for them: Stop The Bill.

Bridget Anderson is Director of Migration Mobilities Bristol and Professor of Migration, Mobilities and Citizenship in the School of Sociology, Politics and International Studies, University of Bristol.

Further resources for understanding the impact and ramifications of the Illegal Migration Bill can be found on our webpage here, and a recording of our online emergency discussion about the Bill on 31st March can be seen here.

The ‘Rwanda Solution’: using Australia’s playbook

Posted on by Emily

By Juan Zhang.

On 19th March, 2023, British Home Secretary Suella Braverman caused yet another controversy during her two-day visit to Kigali, Rwanda, with a photo of her laughing at the building site of future housing intended for asylum seekers to be deported from the UK to Rwanda. This visit drew new criticism from both mainstream and social media, which continued to challenge the Rwanda deportation scheme and the associated Illegal Migration Bill that could potentially violate both the Refugee Convention and the European Convention on Human Rights.

Publicity for the Australian Government’s Operation Sovereign Borders, aimed at stopping all maritime arrivals of asylum seekers, 2013 (image: Wikimedia Foundation)

This controversial deportation scheme, seen as the Conservative government’s ‘vanity project’, faced strong public condemnation and resistance since it was first announced in April 2022. Observers at the time already pointed out the uncanny similarities between the UK-Rwanda deal and the Australian ‘stop the boats’ policy with its infamous offshore processing scheme. It seems that Australia’s past mistakes and systematic failures at ‘stopping the boats’ for at least two decades offer no deterrence to the UK to pick up the same playbook, when the UK Home Office takes Australia’s harsh zero-tolerance approach as an example of achievement instead of a hard lesson to be learned (see Gleeson 2021, Tubakovic, Murray and Matera 2023).

The Australian offshore asylum programme, introduced in 2001 as the ‘Pacific Solution’ to unauthorised immigration by the Howard Coalition government, targeted people entering Australian waters via ocean crossings and arriving by boat. This programme was closed in 2007 by the Labour government (under Kevin Rudd), but revived again in 2012 as ‘Pacific Solution Mark II’ with a hard-line approach to ‘stop the boats’ (see Bakshi 2020 for a full account). The suffering and inhumanity found in Australia’s offshore detention programme caused worldwide concern and criticism on how Australia ‘privileged migration deterrence goals over human rights considerations’, and how it deliberately normalised ‘moral disengagement from the pain and suffering of people in detention’ for populist political gains (see Barnes 2022). It is therefore bewildering to see such a notorious policy, known for being ‘cruel, costly and ineffective’ for 20 years (Gleeson and Yacoub 2021), now being embraced by the UK government as inspiration for how to manage asylum seekers. The Melbourne-based organisation Asylum Seeker Resource Centre (ASRC) expressed a profound sense of concern to the Australian broadcaster SBS:

‘It’s appalling that, despite a decade of cruelty that has led to severe harm, death, compensation pay-outs by the government, third-country deals, medical transfers, and international notoriety, the Australian model has influenced global policy.’  

There are already extensive reports and analysis that question whether the UK can actually ‘stop the boats’ with its adapted Australian model (for example, Gleeson 2021, Koser 2022). Apart from the legal obstacles the UK has to deal with, different political as well as geographical contexts also suggest that the Rwanda deportation plan is unlikely to proceed smoothly or result in the same kind of outcome as seen in Australia. Moreover, the ‘Rwanda Solution’ – if we can call it that – provokes deeper concerns over legacies of imperialism, colonialism and entrenching patterns of global inequalities. It is effectively outsourcing border control in a way that perpetuates forced displacement, instituting a form of structural violence that holds life in a ‘permanent state of injury outside any realms of protection and political intelligibility’ (Phipps and Yohannes 2022). The Rwanda scheme has already caused toxic social and political divisions both within the UK and beyond before any individual could be sent on a deportation flight. But the government remains determined despite challenges coming from all fronts. Braverman’s Rwanda tour at this moment seems particularly tone deaf to the wider public debate demanding a compassionate and more ethical process with regard to unauthorised Channel crossing.

Whether the UK manages to ‘stop the boats’ when (and if) the Rwanda scheme is in full play remains to be seen. But this much is clear – the number of people crossing the English Channel on small boats has continued to increase in 2022, despite stern messages that the UK will ‘detain and deport you’. These boat arrivals are played up in the current corrosive narratives on the UK’s state of emergency caused by migrant illegality and compromised border security. The Rwanda solution, then, seems very much like a production of ‘xenophobic spectacle’ (Koram 2022) that distracts the public from deeper problems and crises at home. Braverman seems optimistic that, with this visit, the deportation flights between the UK and Rwanda will take off by summer 2023, when legal loopholes and courtroom battles are finally settled. By then, the public is led to believe, all problems with the small boats will magically disappear. But this short-term, single-minded agenda on deportation and offshore processing creates nothing more than a tunnel vision approach that Australia has tried and failed. What gives the UK government the conviction that the Rwanda solution will deliver a better result?   

Juan Zhang is a Senior Lecturer in the Department of Anthropology and Archaeology at the University of Bristol. Her research explores borders and transnational migration with particular interest in Asian borderlands, migrant im/mobilities and transnationalism, cross-border cultural politics and China. She is the co-ordinator of the MMB research challenge, Bodies, Things, Capital.

For more information about the 2023 Illegal Migration Bill see the list of resources on our webpage.

The violence of postcolonial border making

Posted on by Emily

By Maya Goodfellow.

In June 2022 Maya Goodfellow was the discussant for our public lecture ‘Are immigration controls racist? Lessons from history’ by Nandita Sharma. Here we publish her response to Nandita’s lecture.

On the evening of 27th June 2022, they were found on a sideroad in Texas. Fifty-three people in the back of a scorching-hot van. Some of their screams alerted a nearby worker to the abandoned vehicle, which had been left on the side of the road. It was here that they had died – pulled up alongside a railway line and next to Interstate 35, which stretches from a town near the Mexican border right up to the north, close to Canada.

Three days prior, over 5,000 miles away, after ongoing police harassment, 23 people died trying to scale the iron fence that separates Morocco from Spain, many killed in the crush to get over. And 3,000 miles away from here, since the start of the year, 214 people were either dead or had gone missing attempting to cross between Afghanistan and Iran.

Across the world, it is a function of borders that people die trying to cross them. And it is one of their functions that people are killed when they are enforced within countries. 

(Image by Ed Hincliffe on UnSplash)

The response and the counter-reply to such untold death always manage to miss the heart of the problem. In a well-rehearsed sleight of hand, across Europe and the US, politicians loudly and confidently name one foe: people smugglers. Exploitative and violent though this business is, this logic is deeply misleading. A much smaller chorus point out that it ignores the real culprit, which are border policies. Policies celebrated and applied by those same politicians. Few safe routes of travel, pushbacks and restrictive visa regimes. They may not provide as clear an enemy as the ‘smuggler’, but these are the things that produce death and violence.

Discomfort lurks in this counterclaim too. If you look close enough, you can see where it could lead; discussions over how tough the exclusions are, not the reasons why there are exclusions to begin with. Because ultimately, how useful is a country’s border if it doesn’t exclude in some way or another.

Why, too few ask, is bordering obligatory in the first place? People do not die crossing borders just because of border regimes; there is a machinery and process of legitimation that makes bordering possible. That makes it necessary. This is where Nandita Sharma’s Home Rule (2020) takes us. Our attention, she explains, should be on the nation state. Without looking here, we risk reproducing what we seek to dismantle. ‘From the 1950s,’ she writes:

‘the kind of racism resting on pseudoscientific typologies, the kind that normalized atrocities leading up to and including the fascist holocausts of WWII, was made anathema. People did anything to declare they were not racists. However, just as imperial states were replaced by national ones, postcolonialism was also productive of a new, largely normalized, horizontal form of racism. It is best to call this form of racism postcolonial racism, because it depended on ideas of distinct and separate “national cultures,” each with its own territorial claims’ (Sharma, 2020, p. 279).

The nation state ceases to make sense if it is not anchored in the idea that certain territory belongs to a people; the national-natives are distinct from the migrants. How we relate to nation states is organised by these categories. There is a ‘true people’ and this, she argues, is racially encoded.

However much this analysis might apply to Europe and America, this is not where Sharma focuses her attention. Rather, it is to the formerly colonised. Instead of true freedom in decolonisation, there were demands for national sovereignty. And so a system of nation states was born, where the idea of native – thought to have disappeared with colonialism – has persisted. This is one of the ways claims to sovereignty and rights are grounded.  Postcolonialism did not end violent relationships but refashioned them into nationalist subjectivities. Anti-immigration politics is common globally, she shows, including in the so-called ‘poor world’.

This is where the Western left is, arguably, less confident. Used to criticising overtly right-wing, anti-immigrant politics or to challenging liberal nationalism, it shies away from thinking through the ways it supports territorialised, racialised and nationalist politics around the world. This matters because if there is a nation-state there will be an immigration regime, and there will be exclusion.

But there are still questions we must ask: what does the ability of certain migrants, nationalities or racial groups to become ‘part of’ the nation, even if in a precarious way, mean for how we might understand race? Not all groups experience bordering in the same way or continue to experience it in the same way across time, and not all of this maps neatly onto race as a physical identifier.

And perhaps most obviously: what is our way forward?

By spotlighting the nation state, Home Rule gives us an important step to answering this – encouraging us to think about how to create another world altogether.

Maya Goodfellow is a Leverhulme Early Career Research Fellow at Sheffield Political Economy Research Institute. Her research looks at the relationship between capitalism, racism and immigration. She is the author of Hostile Environment: How Immigrants Became Scapegoats (2020), available from Verso at a 30% discount.

 

Bad intentions: the UK government and migrants

Posted on by Emily

By Ryan Lutz.

At the MMB postgraduate workshop in July, ‘How Not to Think Like a State,’ visiting scholar Nandita Sharma talked to us about the throughlines of her research. One of these, in particular, gripped me: ‘Anti-immigrant sentiments,’ she said, ‘are used as the basis for fascism.’

I am a migrant PhD student in the UK studying migrant integration and how local-level organisations and the City Council in Bristol resist the draconian policies of the UK government, such as the 2021 Nationality and Borders Bill and 2016 Policing and Crime Act. Despite the government’s policies, the council and local organisations in Bristol are striving to provide a safe and welcoming environment for migrants. The city has a long history of fighting against oppression and racism, including the Bristol Bus Boycotts of 1963, the St Paul’s uprisings of the 1980s, the toppling of the Colston statue in 2020 and the Kill the Bill uprisings of 2021. Additionally, Bristol attracted many migrants from colonised countries during the post-colonial period, meaning there is a history of migrants and ethnic minorities in the city who have been a part of integration services and have successfully built their lives here.

Mural in St Pauls, Bristol (image: Gioconda Beekman on Flickr)

At the beginning of my journey as a PhD student, I thought migrant integration could undercut or potentially combat the use of anti-immigrant sentiment as a vehicle for fascism. Given my lived experience with immigration, nationalism and racism in the United States, I assumed that a lack of exposure led people and the systems they created to be hostile towards outsiders. Through our discussions with Nandita in the postgraduate workshop, my worldview was challenged and complicated in the best possible way.

Historically, integration has been seen as equal access to resources, acquisition of national languages and active participation in society. But this approach rarely asks how migrants experience integration as individuals and fails to question what ‘society’ is and at what spatial or ideological level migrants are integrating. In somewhere like Bristol, where 15% of the population is born outside the UK and 22% self-identify as nonwhite, a wide array of socio-economic realities co-exist. Despite its affluent city centre, Bristol has some of the most deprived neighbourhoods in the country and ranks 341 out of 348 for inequalities experienced by ethnic minorities.

I had always known that integration was a very political issue. Still, through the workshop with Nandita, I began to see how the anti-immigrant rhetoric is now in fact co-opting the integration process in the UK: at a base level, integration plays a crucial role in problematising migrants as others. It situates migrants as apart from the rest of a population, needing to integrate into one unified host society even though, in a country like the UK, there is no single harmonious society to integrate into. The rhetoric that migrants must adapt, integrate and adopt British values places all the blame and burden onto them. And it fails to take into account all of the structural barriers and inequalities they have to navigate daily. Through the increasingly restrictive national immigration policies passed in the UK, integrating becomes more of a pipedream for migrants each year.

The UK government has been described as an ‘iron rod welfare system‘ when it comes to migrants: they either fall foul of it and are deported or receive legal status and comprehensive social rights. However, the ability to gain that legal status and integrate into a new community has become increasingly circumscribed under the Conservative government – now in power since 2010.

Anti-immigrant sentiments have been an integral part of the fabric of the UK since its inception. In recent decades it has become enshrined in laws such as the 1987 Immigration (Carriers’ Liability) Act, which extended document and border checks to airlines and other carriers, making it their responsibility to keep people out who fell on the wrong side of the iron rod. More recently, the UK government has criminalised seeking asylum from within the UK, awarded more funding to Immigrant Detention Centres and extended the length of time migrants can be held in these centres through the Nationality and Borders Bill. The most recent examples are the Manston migrant centre, which has been described as a zoo by inhabitants, and the firebombing of an immigration processing centre in Dover, which was driven by far-right ideologies. Meanwhile, the Conservative government introduced the Rwanda Plan earlier this year, which has had a host of negative externalities for migrants such as restricting their access to claim asylum, taking away their agency to work or where to live once they are in the system, and making the hostile environment worse.

I wholeheartedly agree with Nandita that, at a national level, the UK completely fits her view of anti-immigration as a base for fascism. But given Bristol’s progressive and radical past, I wanted to believe that there was more than just a harmful system at play. Bristol goes beyond other UK cities with its Refugee and Asylum Seeker Inclusion Strategy, run by the City Council. And there is a robust system of migrant and refugee welfare charities that make up the Bristol Refugee and Asylum Seeker Partnership. These organisations offer services that help to fill the gaps left by the iron rod welfare system of the UK government.

The workshop with Nandita raised many questions about the current Conservative government’s everyday functioning. Namely, as the UK moves further and further towards solidifying its borders and making life as a migrant here a traumatising experience, is the vital work of the migrant organisations in Bristol actually enabling the government’s lack of response? Early research has shown that the government’s anti-immigrant policies increase the workload for charities, which prevents them from campaigning. So now my question is, does this integration work by city-wide collaborations in Bristol help the migrant community? Or are the harmful policies of the national government too much for local welfare systems to overcome?

Overall, the workshop with Nandita was extraordinarily thought-provoking and challenged some of the romantic views I held about the function of government. Most importantly, though, it raised questions about the function of my research as a PhD student and the best path forward for an equitable immigration system.

Ryan Lutz is a PhD Student in Social Policy at the School for Policy Studies at the University of Bristol.

‘African Apocalypse’: the imperial violence behind today’s migration

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By Bridget Anderson.

‘What angers me most is he chased away our grandparents… and now we have no food. Every child we bring into the world suffers. They must leave to find work and food for us. Some kids never come home. We just get news of their death. So you can see why we are so angry with this man.’

As she says these words, Batoula Adamou points down to the grave beneath her of French colonial commander Paul Voulet, whose notorious 1899 invasion of what is now Niger was one of imperialism’s most violent episodes. This scene in the town of May Jirgui comes towards the end of ‘African Apocalypse’, a BBC documentary on colonial violence, which MMB was thrilled to host at the Arnolfini in July, in association with the University of Bristol’s Department of Film and Television and PARC along with Afrika Eye, and supported by Deputy Vice-Chancellor Judith Squires.

Batoula Adamou, resident of May Jirgui, in ‘African Apocalypse’ (Image: © LemKino Pictures 2020)

From the perspective of western policy makers, migration is almost always seen as a standalone issue, a case of force and freedom, push and pull. But for poor people in the global South migration is very often entangled with colonial histories and ongoing legacies that have bestowed vast inequalities and poverty.

‘African Apocalypse’ presents a journey by British-Nigerian poet-activist Femi Nylander across the Sahel of Niger in the footsteps of Captain Voulet. It soon becomes a People’s History of Colonialism as Nylander and director Rob Lemkin pass through town after town, village after village where residents, young and old, retain vivid collective memories of the day the ‘Whites’ came and the slaughter they brought, even though it was 120 years ago.

Our screening was the UK theatrical premiere of the Hausa language version of the film. As director Rob Lemkin explained in his live introduction to the film, this version was seen by more than eight million people in Niger and Nigeria when Kano-based Arewa 24 TV broadcast it every Sunday evening through February and March of 2022.

A powerful array of panellists, chaired by Peninah Achieng, included one of the film’s participants, Nigérien cineaste Amina Weira (live by Zoom from Niger’s capital Niamey), the noted filmmaker and scholar Imruh Bakari and one of the Colston Topplers and a member of #GladColstonsGone, Luke Wentworth. Luke’s account of Bristol’s history leading to a moment of upsurge found a telling connection with the Nigérien graveside anger that ends the film. The Colston statue stood as an insult to many in the local community for decades. By contrast, the grave of Voulet, which dominates the town square in May Jirgui, has produced bitter resentment among local residents for generations. In a pre-recorded conversation, May Jirgui Deputy Mayor Mahamane Salissou Issa told the Bristol audience how his town has been deprived of infrastructure since the colonial period.

A lively discussion followed the film screening, in which Ade Olaiya, a Member of the International Network of Scholars and Activists for Afrikan Reparations and UNESCO Inclusive Policy Lab Expert, spoke of the need for international civil society – including NGOs in the UK and Bristol – to support the people of Niger’s demands for reparations. He cited recent developments in the international reparations movement, including the launch in 2021 of the UK’s All Party Parliamentary Group on Afrikan Reparations and HR 40 in the USA. Rob Lemkin updated the audience on initiatives at the UN where the filmmakers have worked with the affected communities and lawyers to bring the matter to the attention of the UN Special Rapporteur on the Promotion of Truth and Justice.

Abdelkader Mossi, secretary of the Collectif des Nigériens de la Diaspora (around a dozen Nigeriens had come from London for the premiere) spoke of how important it is for Nigeriens to see their history more widely known and recognised. He spoke about his organisation, which connects Nigeriens in Britain, France and across Europe. He emphasized the importance of the fierce resistance of Nigeriens to the 1899 invasion and his hopes that this may be the beginning of a new type of relationship with France and Europe. Mossi also spoke of the vital role the Nigerien diaspora in Britain and Europe has to play in influencing positive developments.

The screening took place shortly after a public protest in Bristol against the British government’s policy of deporting migrants to Rwanda. Several in the Arnolfini audience came on from that event. One was Alimamy Bangura, a Sierra Leonean refugee living in Manchester. Alimamy spoke of the deep impact the film made on him, and the importance of recognising colonial violence and domination as the essential precursor to today’s global problems of inequality. He is now working through his organisation RAPAR (Refugee and Asylum Participatory Action Research) to bring ‘African Apocalypse’ to Manchester later this year.

Bridget Anderson is Director of Migration Mobilities Bristol and Professor of Mobilities and Citizenship at the University of Bristol.

African Apocalypse filmmakers wish to acknowledge the support of BERTHA FOUNDATION.

The bifurcated migration lexicon and trend-defying trajectories

Posted on by Emily

New writing on migration and mobilities – an MMB special series

By Rose Jaji.

The migration lexicon has consolidated itself around an either/or rather than both-and schematic in which categories resulting from a binary classification of regions and countries have acquired unquestioned normativity. This normativity is evident in what can be termed a regionalised division of migration labour. Binary classifications portray mobile people and the spaces involved in their mobility in mutually exclusive terms, exemplified by the classification of countries as either sending or receiving rather than as both sending and receiving. This occurs in a broader context in which the global South is depicted as the antithesis of the global North. A predictable outcome of this is the alignment of motivations for migration with regions of origin and destination, which can be seen in the dubious and regionalised distinction between expatriates and economic migrants. This reflection is based on my research on migration from the global North to Zimbabwe.

The bifurcated migration lexicon has a blind spot for trend-defying trajectories towards destinations that do not conform to the conventional destination profile built around economic and political stability, high ranking on global economic, development and governance indices and high ranking on the Global Passport Power Rank. When trained on countries that conform to this profile, the migration studies lens zooms in on conspicuous immigration from which these countries acquire the label ‘receiving countries’ in the classificatory binary. This renders invisible non-conforming destinations that are unquestioningly named as sending countries because they are associated with economic decline, political instability, low ranking on global indices, low positions on the Global Passport Power Rank and visible emigration that often contributes to terms such as ‘exodus’, ‘flood’ and ‘influx’.

The bifurcated migration lexicon is apparent in the way in which different motivations are attributed to North-South and South-North trajectories, which is due to perception of the regions as antithetical and lacking in internal heterogeneity. This conceals internal contradictions and leads to regions being aligned with specific drivers of migration along with a corresponding regionalisation of verbs and nouns in the migration vocabulary. As a result, people moving to the global North are identified as economic migrants and asylum seekers/refugees while those moving to the global South are named expatriates and lifestyle migrants. The hostility experienced by the former comes from their depiction as beneficiaries who arrive to receive and earn. In contrast, the hospitality extended to the latter derives from their portrayal as benefactors who arrive to help and spend. The South-North trajectory is accordingly depicted as involving migration (needed but unwelcome) whereas the North-South trajectory is presumed to comprise mobility (wanted and welcome) (Anderson 2017; Castles 2010; Faist 2013). Mobile people supposedly move because of desire and choice while those who migrate seemingly do so out of compulsion, which gives their movement a tragic aspect. This feeds into the subtle but evocative distinction between travelling and fleeing as well as into the invisibility of travelers compared with the conspicuousness of economic migrants and refugees. The term travelling comes to embody self-sufficiency and the norm while flight becomes the anatomy of helplessness, the anomalous and even dangerous (Jaji 2020).

The dichotomous naming of mobilities based on their trajectories and presumed motivations leads to different mobility opportunities, which are considered more desirable or less so depending on how the mobile people and the places they come from are categorised. This is symbolised by how passports function as nationalised and politicised text inscribed on mobile people’s bodies (Jaji 2020). Passport rankings determine elevation of social status (Pogonyi 2018) or demotion depending on how the passport is ranked. Differential naming of mobile people creates varying opportunities for inclusion in the global economy; favourable immigration policies are created for highly skilled migrants while low-skilled migrants and refugees encounter exclusionary policies (Castles 2013).

The binary classifications that constitute the migration lexicon obscure migration trajectories and motivations that transgress the normative or orthodox. This transgression is exemplified by migration from the global North to Zimbabwe, a country that appears in migration studies as a homogenised sending country. However, Zimbabwe defies dominant narratives by straddling boundaries between the sending, receiving and transit categories. As a destination country for North-South migration, Zimbabwe demonstrates that the normative and conventional can be found in the aberrant; the periphery is not necessarily without a core. The country also blends the diverse and contradictory, thus transgressing the either/or and projecting the both-and schematic.

Zimbabwe, a country with low rankings on GDP, IHDI, Governance and Human Security indices, projects the hallmarks of a sending country at the same time as it deviates from the linear and unidirectional migration of the sending-receiving country binary. As a sending, receiving and transit country, it defies essentialist categorisation of countries through occupying a non-binary space. It also challenges bifurcated labelling of mobile people as either economic migrants or asylum seekers/refugees because it generates mixed migration (Crush, Chikanda and Tawodzera 2015). As a country in dire straits offering opportunities for upward social mobility to migrants from affluent parts of the world, the country shakes the stability and consistency with which the nation-state framework conceptualises migration, space and trajectories thus illustrating the limitations of using the nation-state as a framework for studying and understanding migration.

Trend-defying trajectories warrant a review of the bifurcated migration lexicon, which renders such mobilities obscure and trivial. They call for critical reflection on the nation-state’s reductionist conceptualisation, categorisation and interpretation of contemporary human mobility. Trend-defying trajectories towards a boundary-transgressing destination demonstrate the mutual mediation of the nation-state and individual motivations evident in transnational activities. They challenge reductionist tendencies inherent in essentialist binary categorisations. This calls for a nuanced conversation that addresses commonalities in motivations that cut across the North-South and sending-receiving divides. Categories need to emerge from inherent aspects of mobilities rather than artificial differences engendered by regionalised power relations.

Rose Jaji is Senior Lecturer in the Department of Sociology at the University of Zimbabwe and Senior Researcher at the German Institute of Development and Sustainability, Bonn. Her research areas of interest are migration/refugees, conflict and peacebuilding. Rose’s most recent book is Deviant Destinations: Zimbabwe and North to South Migration (2019, Rowman and Littlefield), which she discusses in an interview with Sarah Kunz for MMB Insights and Sounds 2022.

Thinking about the positive value of free movement

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By Chris Bertram.

One of the consequences of Brexit is that British people are more limited in their freedom of movement. Whereas previously they could travel, work, retire, settle in other European countries, today the default is that they can only visit the Schengen area for 90 days in any 180-day period and lack rights to work. EU citizens are similarly more limited in what they can do than before, though only with respect to the territory of the UK. (Irish citizens, being part of both the EU and a common travel areal with the UK, are uniquely privileged).

I mention these facts purely as an entrée to my main subject, which is to begin thinking about the positive value of free movement across borders, a topic that is little considered by political philosophers and theorists and is low down the agenda of many politicians, who are more concerned with keeping out the unwanted and security at the border than they are with the liberties of their own citizens to travel, settle, work elsewhere and to associate with people in other countries and of other nationalities than their own. I take it that all of these liberties are valuable to a person and enhance their autonomy for the same reason as the freedom to travel within a country’s borders is valuable.

(Image by Kyle Glenn on Unsplash)

When philosophers and political theorists write about free movement it is mainly in a negative, protective and instrumental register: people need the freedom to escape across borders, to get away from their persecutors or from grinding poverty and lack of opportunity. To be sure, these things are of the greatest importance and the fact that such freedom is denied and that people are penned into unjust regimes and poor lives is the worst aspect of our global mobility regime, but we need to make the positive case for free movement too.

The freedom of movement that mainly rich (and white) people enjoyed before 1914 — as later regretted by such figures as AJP Taylor and Stefan Zweig — was in part supported by the sense that such people had that they were entitled to go about their business without impertinent questioning and impediment from puffed-up officials. The situation today is almost the exact opposite, where border guards have almost unlimited rights to question people about their purposes and to detain and refuse them and where we all approach the passport check as the meekest of sheep, convinced that any sign of disrespect or recalcitrance might cost us our ability to enter a country and perhaps be marked on official records and surveillance systems to cause us problems for the future.

Sparing travellers from impertinent questioning is of small importance though compared to the positive benefits of free movement. Free movement also gives those who have no particular desire to live elsewhere the ability to visit and enjoy the natural and cultural heritage that belongs to humankind as a whole. Why should someone born in Burkina Faso be denied the opportunity ever to visit the Grand Canyon or to see the Mona Lisa, for example? The positive arguments for the value of free movement are going to be mainly about these autonomy-enhancing properties: it simply gives people a wider range of choices for how to make and shape their lives and frees them from the restricted menu that is available in their current location.

What are the counter-arguments going to be? I suspect there will be some who argue that we should hold back on pursuing free movement for some until we can achieve free movement for all. This was an argument put during the Brexit referendum by left-wing opponents of the EU who argued that European free movement is racist, since Europe permits free movement only to the predominantly white citizens of the European Economic Area and yet has a hard external border that keeps out Africans, Syrians, Iraqis, Afghans etc. Of course, the hard external border is wrong, but the idea that we should deny freedoms for some until we can achieve the same freedoms for all also seems unattractive, at least in some cases. So, for example, most states introduced universal male suffrage long before women got the vote, and it was always unjust that women were denied it, but should the earlier extension of the franchise have been resisted on the grounds of this injustice?

It may well be that there is a tension here, though, because when states reach reciprocal agreements to extend the free movement rights of their own citizens, such agreements could include clauses requiring greater control of the movement of people who are not citizens of either contracting state, co-operation on wider immigration control etc. If so, the free movement of some would be bought at the price of limiting the movement of others, and such clauses are both unjust and inimical to the wider aim of promoting free movement.

Freedom of movement also comes, potentially, at a cost to those already in the places that people choose to move to or visit. I’m thinking here not of the familiar arguments that immigrants are bad for wages or whatever (arguments I generally find unconvincing) but rather cases involving not settlement but visiting. If you live in Venice or Barcelona then a high volume of tourists, while welcome for the money they bring, can also make life unbearable in other respects. I think in cases like this the right answer probably lies not in banning people as such, but rather in planning and regulating movement so that everybody who wants to visit has the opportunity to do so, even if they might have to wait until a slot is available.

Other issues are going to include the environmental costs associated with mass travel. If we want to combine the autonomy-enhancing possibilities of free movement with a concern with the planet and greenhouse gas emissions, then we have to develop means of travel that impose low or no carbon costs. In other words, freedom of movement justly pursued, will have to be free movement that does not impose unfair costs on others. There is no good environmental rationale to stop people from walking, cycling or swimming across borders, but other means of transport will need pricing or rationing mechanisms so that travel doesn’t impose unfair costs on others.

There are also barriers to free movement that people, especially younger and able-bodied people, don’t think about all that much. As we grow older (or if we suffer from a disability) it becomes difficult to move or even to visit another country unless you can be reasonably assured that your health care needs will be met there in a way that will not bankrupt you. One of the features of the UK’s Brexit deal was to preserve some reciprocal arrangements on health care, but when people turn 70 the additional insurance they need can still be expensive and can limit the time that they are covered when abroad. So, if we want to promote access to free movement as a human good, then we also have to think about the kind of arrangements that permit those who are not young or able-bodied to travel elsewhere.

Chris Bertram is Emeritus Professor of Social and Political Philosophy at the University of Bristol. He is the author of ‘Do States Have the Right to Exclude Immigrants?’ (2018, Polity Press) and a regular contributor to the Crooked Timber blog.

This post was originally published on the Crooked Timber blog on 3rd April 2022.

What protections are available to people displaced by climate change?

Posted on by Emily

Special series on Migration, Mobilities and the Environment, in association with the Cabot Institute for the Environment.

By Kathryn Allinson.

Climate change will impact all our lives in the coming years and many people will experience extreme events due to climate  change resulting in displacement, both internally and across international borders. This has become the reality for some already within low-lying archipelago islands within the South Pacific, such as Tuvalu and Kiribati. Despite the certainty of increased climate change-related displacement, there is still no specific frameworks which protect those moving for climate related reasons (see a detailed discussion here).

The site of the village of Tebunginako, Kiribati – relocated due to severe coastal erosion and saltwater intrusion (image: Department of Foreign Affairs and Trade, Australia

Are people displaced by climate change refugees?

Under Article 1(A) of the 1951 Refugee Convention, climate-related displacement does not constitute grounds for international protection. I will take the essential elements of Article 1(A) in turn. First, a refugee must have crossed an international border, whereas climate-related displacement is expected to be predominantly internal.

Second, a refugee must have a well-founded fear of persecution. Persecution requires an egregious violation of human rights, which is assessed in light of the nature of the right and the severity of the violation (see here for further discussion). It also requires that the fear of persecution must be well-founded – this does not require certainty – but it must not be far-fetched and should be based upon both an objective assessment of the likelihood of persecution and the subjective nature of the individual’s fear (see Chan v Minister for Immigration and Ethnic Affairs, 1989). Climate change is unlikely to fulfil this requirement despite the detriment it can have on an individual’s access to human rights. It is unlikely to meet the severity threshold even in relation to socio-economic rights and, as McAdam (2016) highlights, it is difficult to identify a ‘persecutor’ that the refugee fears; instead, many refugees are likely to be moving to states that are major greenhouse gas contributors.

Third, persecution must be related to a reason given by the Convention of ‘race, religion, nationality, membership of a particular social group or political opinion…’ The impacts of climate change do not discriminate. Even if an individual did establish persecution based upon an egregious socio-economic rights violation caused by climate change, they would need to argue that this affected them because of their membership of one of these groups. At best, an individual could argue that a government had consciously withheld assistance to address the impacts of climate change to a specific group, amounting to persecution (see here) but the group must be connected by an immutable characteristic (Applicant A v Minister for Immigration and Ethnic Affairs, 1997), not just the impact of the climate change.

Courts have firmly established that the Refugee Convention does not protect victims of natural disasters, slow-onset degradation, poor economic conditions or famine – even when the country of origin is unable or unwilling to provide protection (Canada (Attorney General) v Ward, 1993; Horvath v Secretary of State for the Home Department, 2001). UNHCR has echoed this in its own discussions of how to respond to climate-related displacement (see here and here).

What protections are available to people displaced by climate change?

A response to climate-change related displacement must therefore be sought through other international legal mechanisms. In 2009, the UN Human Rights Council recognised under resolution 10/4 that there is a ‘core inter-linkage between human rights and climate change’ such that those displaced by climate change would be able to rely on the obligations outlined in the ICCPR and the ICESCR. In particular, this would include state’s non-refoulment obligations as the cumulative effect of socio-economic harms can amount to inhumane and degrading treatment such that an individual cannot be returned to such conditions (see Sufi v Elmi, 2011). However, courts may require an immediacy to the rights violation such that future fear of climate-related impacts is insufficient grounds to provide protection from return (see AF(Kiribati), 2013).

In the specific situation of small island states whose territory is threatened by climate change, the law relating to statelessness may also be able to provide some protection and a remedy (see the 1954 Statelessness Convention; Rayfuse 2009). UNHCR has a mandate to prevent and reduce statelessness enabling them to work with states to respond, including coordinating international cooperation, providing protection and resettlement. However, issues concerning when a state will have ceased to exist under international law remains unsettled. For example, for a state to be recognised by international law, Article 1 of the Montevideo Convention requires a permanent population, territory, government and capacity to enter international relations (see Lauterpacht, 1944, and Crawford, 2007, for further discussion). However, there is a lack of clarity on when these criteria will cease to be fulfilled. The problem that international law has grappled with until now has been when new states are formed, not when existing ones have disappeared. As a result, it is unclear when protection for stateless persons of ‘disappeared’ states will be triggered.

There are also regional frameworks that provide broader protections to displaced people, beyond the narrow 1951 definition. In particular, the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems and the 1984 Cartagena Declaration both contain provisions relating to ‘events seriously disturbing public order’, which could be taken to include the events resulting from the effects of climate change. These are both non-binding instruments, whereas Article 5(4) of the Kampala Convention is within a binding instrument and explicitly includes protection for those affected by climate change:

 ‘States parties shall take measures to protect and assist persons who have been internally displaced due to natural or human made disasters, including climate change.’

This focusses protection on internally displaced individuals and ensures that signatory states are required to provides protection and assist those displaced by climate change.

The Kampala Convention is largely based upon the UN Guiding Principles on internal displacement which, under Principle 6(d), outlines that internal displacement is prohibited including in the context of disasters. The principles then provide a framework for states to respond to internal displacement, including that resulting from disasters. The extension of human rights protections to those fleeing climate change is echoed in the Global Compact on Migration, which calls for humanitarian visas for people migrating due to natural disasters and climate change (see objective 2 and 5), as well as similar commitments in the Sustainable Development Goals. Such a response to climate-change related displacement is required under the commitments of Article 14(f) of the Cancun Adaptation of the United Nations Framework Convention on Climate Change (UNFCCC). This aims to enhance understanding, coordination and cooperation with regard to climate change induced displacement…’ These instruments represent moves by the international community to consolidate existing legal frameworks to respond to climate-change related displacement. However, they are not binding treaty law. They demonstrate political commitments not legal obligations. It is evident that, outside the Africa region, mechanisms for protecting individuals from climate-change related displacement are often non-binding and ad-hoc.

The future of climate-related displacement

The term ‘climate refugee’ is conceptually flawed. Such individuals will not constitute refugees for the term ignores the complex causation involved in any displacement, let alone that related to climate change, which in itself is a multi-causal phenomenon. Whilst human rights law, the law relating to statelessness and regional arrangements do provide for some protections to individuals displaced by climate change, these approaches remain disparate and uncoordinated. A lack of clarity can lead to legal loopholes that are abused by states to limit protections.

To respond to this complexity, there are calls for a separate framework for cross-border climate migrants. Commitments within the Global Compact on Migration and the Sustainable Development Goals, as well as the Cancun Agreement, represent attempts by the international community to start to coordinate and elucidate protection for climate-related displacement. However, much more must be done to ensure clarity on the personal, material and temporal scope of protections and obligations for climate change-related displacement.

Kathryn Allinson is a Lecturer in Law, University of Bristol Law School. Her research concerns the establishment of state responsibility for breaches of international law focussing on the interaction of human rights and humanitarian law in relation to displacement, and the protection of socio-economic human rights during conflict.

For more on climate change and displacement see the MMB blog by Ignacio Odriozola about at a landmark decision by the United Nations Human Rights Committee on people seeking international protection due to the effects of climate change: Climate-change displacement: a step closer to human rights protection.