Moving beyond refugees and migrants: reconceptualising the rights of people on the move

Pijnenburg, Annick; Rijken, Conny

doi:10.1080/1369801x.2020.1854107

Cited by 15 publications

(7 citation statements)

References 22 publications

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“…2 I refer to 'people on the move' broadly as an encompassing category that goes beyond a refugee/migrant dichotomy, in line with the approach proposed by Pijnenburg and Rijken (2021). Previously, maximum sentencing was 5 and 15 years, respectively, which does not alter the rationale of this paragraph.…”

Section: E N D N Ote Smentioning

confidence: 99%

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From smuggled migrants to ‘alleged smugglers’: Empirical evidence and policy perspectives on the criminalization of people on the move in Italy

Alagna

2024

International Migration

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Since 2014, numerous people on the move have been accused of migrant smuggling in Italian courts for steering makeshift vessels or for assisting in navigation across the Mediterranean Sea. This is the case regardless of the fact that such behaviour was the result of coercion or threats. In this contribution, drawing upon extensive empirical research and following a socio‐legal paradigm, I first explore the criminalization of people on the move in relation to migrant smuggling charges in the years following the so‐called 2014–2015 refugee crisis and discuss the impact on their rights. Second, I tackle the issue from a policy perspective, considering three potential EU/national policy reforms and the ways in which they could successfully address an existing policy problem. Such reforms vary in scope, from a damage limitation logic to a fully fledged change of paradigm, and the three can be described as follows: alignment of EU and national frameworks with the United Nations Protocol against migrant smuggling; a more significant differentiation between migrant smuggling and the facilitation of undocumented migration; and an explicit exoneration from criminal liability for people on the move accused of migrant smuggling. This article presents innovative insights, providing on the one hand an up‐to‐date empirical understanding of this form of criminalization of people on the move and, on the other, extensive reflections on the way in which policy reforms could prevent it.

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Section: E N D N Ote Smentioning

confidence: 99%

“… 2 2 I refer to ‘people on the move’ broadly as an encompassing category that goes beyond a refugee/migrant dichotomy, in line with the approach proposed by Pijnenburg and Rijken (2021). …”

mentioning

confidence: 99%

From smuggled migrants to ‘alleged smugglers’: Empirical evidence and policy perspectives on the criminalization of people on the move in Italy

Alagna

2024

International Migration

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“…The "mobility paradigm", for its part, reveals the ability of migrants to circulate and settle, organise collective protests, or define individual strategies to divert border control (Hess, 2017;Tazzioli, 2018). It also calls for a deconstruction of State-centered categories such as "refugees" and "migrants", in favour of alternative denominations such as "people on the move" (Pijnenburg and Rijken, 2021). While both trends contribute to grasp specific dimensions of border and migration issues, they are likely to bring about misleading interpretations (Scheel, 2013).…”

Section: Autonomy Of Migrationmentioning

confidence: 99%

Autonomy of migration in the light of deportation. Ethnographic and theoretical accounts of entangled appropriations of voluntary returns from Morocco

Maâ

2023

Environ Plan D

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The intricate relationship between border control and migrations is the core puzzle of this paper, which takes voluntary returns from Morocco as a case study and autonomy of migration (AoM) as a theoretical framework. More precisely, the paper examines voluntary returns from the perspective of migrants themselves to grasp border control through the lens of its disputed, distorted and sometimes subverted implementation. The paper draws on data collected during fieldwork conducted between 2016 and 2018 in Morocco, including ethnographic observations and interviews with staff from the International Organisation for Migration (IOM), migrants and local intermediaries. It focuses on the case of sub-Saharan migrants leaving Morocco through “Assisted Voluntary Return and Reintegration” programmes led by IOM and confronts empirical data with the AoM theoretical framework. The paper demonstrates that migrants’ entangled appropriations of return are defined in close relationship with a wide range of actors intervening during the process of return. Ultimately, migrants reformulate the meaning of their involvement in voluntary return into strategic, moral, relative, and symbolic terms. However, these entangled appropriations of a deportation device simultaneously reinforce social norms and institutional regulations underlying migration dynamics and border control. Eventually, the paper draws conclusions on the political effects of migrants' entangled appropriation of a deportation device on the production of intertwined im/mobility regimes between the Mediterranean and sub-Saharan Africa.

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“…Asylum seekers’ rights are human rights! (Aliu and Aliu 2019 ; Boucher and Gördemann 2020 ; Pijnenburg and Rijken 2020 ; The RefMig Project 2021 ; UNHCR 2018 ; UN 2018 ). For future studies, it is worth implying that European human rights law and the EUCFR (ECRE 2017a , b , c ; EUR-Lex 2012 ) ought to incorporate the “No human being is illegal” principle (Hernández 2008 ; Long Island Wins 2016 ).…”

Section: Conclusion: a Plea For Adopting The “No Human Being Is Illeg...mentioning

confidence: 99%

The EU’s Hospitality and Welcome Culture: Conceiving the “No Human Being Is Illegal” Principle in the EU Fundamental Freedoms and Migration Governance

Aliu

2022

Hum Rights Rev

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This article aims to highlight the theoretical and philosophical debate on hospitality underlining the normative elements of framing migrants and refugees as individual agents in the light of hospitality theory and migration governance. It argued the critiques of the neo-Kantian hospitality approach and the EU welcome culture with regard to refugees in the EU from a philosophical perspective. The “No human being is illegal” motto is proposed to be conceived as a principle of the EU Charter of Fundamental Rights. The cosmopolitan right to visit and the universal right to reside were discussed in the context of human rights and co-responsibility. Linking the hospitality approach with migration governance enables the reconstruction of reception policies and practices, diversification of non-state actors that engage in migration governance mechanism, and polarization of political initiatives (e.g., politics of allocation and dispersal, readmission negotiations, convergence/divergence of priorities and strategic interests). The research findings highlight that the EU adopted a neo-Kantian hospitality approach that combines both “co-responsibility” and “vertical/heterarchical relations.” The EU’s “New Pact on Migration and Asylum” was considered proof of how the EU follows neo-Kantian hospitality that is manifested in dualism and contradictory approach. The study presents a typology that splits co-responsibility into individual/institutional actions and human rights/migration governance.

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Moving beyond refugees and migrants: reconceptualising the rights of people on the move

Cited by 15 publications

References 22 publications

From smuggled migrants to ‘alleged smugglers’: Empirical evidence and policy perspectives on the criminalization of people on the move in Italy

From smuggled migrants to ‘alleged smugglers’: Empirical evidence and policy perspectives on the criminalization of people on the move in Italy

Autonomy of migration in the light of deportation. Ethnographic and theoretical accounts of entangled appropriations of voluntary returns from Morocco

The EU’s Hospitality and Welcome Culture: Conceiving the “No Human Being Is Illegal” Principle in the EU Fundamental Freedoms and Migration Governance

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