Four Years On: Humane Solutions to Offshore Detention Exist but Government Chooses Abuse

Four Years On: Humane Solutions to Offshore Detention Exist but Government Chooses Abuse (Amnesty International, 2017). On a day that marks four long years of the Australian Government’s deliberately abusive policies Amnesty International is pleading for an immediate plan to guarantee the safety of the two thousand people trapped on Nauru and Manus Island.

Back to Square One: Socioeconomic Integration of Deported Migrants

Back to Square One: Socioeconomic Integration of Deported Migrants (Anda M. David, International Migration Review, 51: 127–154, 2017) This paper addresses the issue of socioeconomic integration of forced return migrants, focusing on the Maghreb countries. Starting from the hypothesis that the return has to be prepared, I tested whether a disruption in the migration cycle (such as deportation) increases the individual’s vulnerability and affects his integration from both a structural and sociocultural point of view, using the 2006 Migration de Read More

Back to Square One: Socioeconomic Integration of Deported Migrants

Back to Square One: Socioeconomic Integration of Deported Migrants (Anda M. David, International Migration Review, Vol. 51, Issue 1, 2017) This paper addresses the issue of socioeconomic integration of forced return migrants, focusing on the Maghreb countries. Starting from the hypothesis that the return has to be prepared, I tested whether a disruption in the migration cycle (such as deportation) increases the individual’s vulnerability and affects his integration from both a structural and sociocultural point of view, using the 2006 Migration de Read More

The EU-Turkey deal: what happens to people who return to Turkey?

The EU-Turkey deal: what happens to people who return to Turkey? (Sevda Tunaboylu and Jill Alpes, Forced Migration Review, 2017)   On 18th March 2016, Turkey and the European Union (EU) made a joint statement. Political leaders agreed to the return to Turkey of people who had crossed to the Greek islands through irregular channels and also agreed to prevent the arrival of new asylum seekers via sea or land – in exchange for the liberalisation of EU visa requirements Read More

Post-Deportation Risks and Monitoring Mini-Feature

Post-Deportation Risks and Monitoring Mini-Feature (Forced Migration Review, vol. 54, February 2017) People whose application for asylum has been refused are often deported, usually to their country of origin. Little is known, however, about what happens to them on that return journey, on arrival in the country to which they are deported, and during the weeks and months that follow. The articles in this mini-feature examine four cases: failed asylum seekers deported to the Democratic Republic of Congo, Sri Lanka and Read More

God Brought You Home – Deportation as Moral Governance in the Lives of Nigerian Sex Worker Migrants

God Brought You Home – Deportation as Moral Governance in the Lives of Nigerian Sex Worker Migrants (Sine Plambech, Journal Of Ethnic And Migration Studies, 2017) Set in Nigeria among deported sex worker migrants and the institutions that seek to intervene in their migration, this article explores how deportation serves the dual function as a tool for migration governance as well as a tool for moral governance. Deportation has often been analysed from a Global North perspective and as a technology Read More

Migration Italy and Germany Step Up Measures to Deter Asylum Seekers

 Migration Italy and Germany Step Up Measures to Deter Asylum Seekers (IRIN News, Jan. 13, 2017) Those who thought Europe’s refugee “crisis” was over were reminded this week that tens of thousands of refugees remain stranded in Greece and the Balkans. Images of refugee tents shrouded in snow on the Greek islands have sparked outrage about the lack of adequate shelter, and scorn has been poured on the Greek government for keeping refugees in such miserable conditions. But others have Read More

Returning with Nothing but an Empty Bag: Topographies of Social Hope after Deportation to Ghana

Returning with Nothing but an Empty Bag: Topographies of Social Hope after Deportation to Ghana (Nauja Kleist), chapter in “Hope and Uncertainty in Contemporary African Migration” Nauja Kleist and Dorte Thorsen (eds.), New York and London: Web: Routledge (2017). This chapter addresses post-deportation life in Ghana, discussing two issues: first, social and economic repercusssions of deportation for deportees, their families and local community; second how high-risk migration projects continues to constitute a pathway of hope for some deportees. Based on longitudinal Read More

Tackling the Global Refugee Crisis: From Shirking to Sharing Responsibility

Tackling the Global Refugee Crisis: From Shirking to Sharing Responsibility (Amnesty International, Oct. 2016) On 19 September 2016 the United Nations (UN) General Assembly collectively, and spectacularly, failed the 21 million refugees of this world. The “High-level Summit to address large movements of refugees and migrants” was to address the global refugee crisis, a crisis in which, daily, millions fleeing war and persecution in countries like Syria, South Sudan, Myanmar and Iraq suffer intolerable misery and human rights violations. World Read More

Documenting the Migration Crisis in the Mediterranean: Spaces of Transit, Migration Management and Migrant Agency

Documenting the Migration Crisis in the Mediterranean: Spaces of Transit, Migration Management and Migrant Agency (Leonie Ansems, Elspeth Guild and Sergio Carrera, CEPS Paper in Liberty and Security in Europe (2016)). This article sets out the main findings of the research project Documenting the Humanitarian Migration Crisis in the Mediterranean, which maps migration trajectories and transit points across Europe in order to develop a humanitarian response to the Mediterranean migration ‘crisis’. On their long journeys, people seeking refuge in Europe pass Read More

Safe and Voluntary Refugee Repatriation: From Principle to Practice

Safe and Voluntary Refugee Repatriation: From Principle to Practice (2016, Jeff Crisp & Katy Long) The article discusses the principles of voluntariness, safety, and dignity in the context of refugee repatriation. It begins by setting out the applicable legal framework, and discusses how that framework has been elaborated upon and refined since 1951. The article then discusses how the principles of voluntariness, safety, and dignity have, in practice, been applied (or, in a few unfortunate cases, ignored). After noting that Read More

Is There Any Blood on My Hands? Deportation as a Crime of International Law

Is There Any Blood on My Hands? Deportation as a Crime of International Law (Chetail 2016) Chetail, Vincent. 2016. “Is There Any Blood on My Hands? Deportation as a Crime of International Law.” Leiden Journal of International Law 29 (3): 917–43. doi:10.1017/S0922156516000376. The present article revisits international criminal law as a tool for sanctioning the most patent abuses against migrants. Although deportation is traditionally considered as an attribute of the state inherent to its territorial sovereignty, this prerogative may degenerate Read More

Human Rights and the International Law Commission’s Draft Articles on the Expulsion of Aliens

Human Rights and the International Law Commission’s Draft Articles on the Expulsion of Aliens (Gerald L. Neuman, 2016) The completion of the project of the International Law Commission (ILC) on “the expulsion of aliens” marked an important stage in the development of international law relating to migration. The resulting Draft Articles on the Expulsion of Aliens reflect the joint effort of the ILC’s distinguished experts on public international law, from all regions of the world, to enunciate principles that regulate Read More

Deportation as a Global Phenomenon: Reflections on the Draft Articles on the Expulsion of Aliens

Deportation as a Global Phenomenon: Reflections on the Draft Articles on the Expulsion of Aliens (2016, Daniel Kanstroom) Critical appraisal of the International Law Commission’s Draft Articles on the Expulsion of Aliens (“Draft Articles”) demands a conceptualization of contemporary expulsion or deportation as a global phenomenon. Deportation may be functionally defined as a powerful government assertion of high stakes sanctions in low formality settings aimed at the most powerless and marginalized members of society. In the United States context, deportation Read More

Airport Casualties: Non-Admission and Return Risks at Times of Internalized/Externalized Border Controls

Airport Casualties: Non-Admission and Return Risks at Times of Internalized/Externalized Border Controls (2015, Maybritt Jill Alpes) This article analyzes what can happen to forced returnees upon arrival in their country of nationality. Subjective configurations of state agents in the Global South have created return risks, which in turn transform subjectivities of post-colonial citizens. The article contributes to this Special Issue by tracing repercussions of the externalization and internalization of border controls. In the case of Cameroon, these connections have resulted in Read More

Post-Deportation Risks: Criminalized Departure and Risks for Returnees in Countries of Origin

Post-Deportation Risks: Criminalized Departure and Risks for Returnees in Countries of Origin (2015, Charlotte Blondel, Marie Conciatori, Nausicaa Preiss, Meritxell Sayos Monras, Suzanne Seiller, Janine Uhlmannsiek ) Following the recent crisis in the Mediterranean Sea, the European Commission presented on May 15th 2015 a new European Agenda centred on the present challenges of global migration. As the High Representative of the European Union for Foreign Affairs and Security Policy and Vice-President of the Commission stated, “with this agenda we confirm and Read More

“We Deport Them but They Keep Coming Back”: The Normalcy of Deportation in the Daily Life of “Undocumented” Zimbabwean Migrant Workers in Botswana

“We Deport Them but They Keep Coming Back”: The Normalcy of Deportation in the Daily Life of “Undocumented” Zimbabwean Migrant Workers in Botswana (Treasa M. Galvin,  Journal of Ethnic and Migration Studies, Volume 41, Number 4, 21 March 2015, pp. 617-634(18)) Based on ethnographic fieldwork among ‘undocumented’ Zimbabwean migrants in Botswana, this paper examines the complex strategies ‘undocumented’ migrants employ to deal with the threat and occurrence of deportation. In particular, the paper considers the manner in which strategies used to Read More

The Forgotten Deported: A Declaration on the Rights of Expelled and Deported Persons

The Forgotten Deported: A Declaration on the Rights of Expelled and Deported Persons (2015, Daniel Kanstroom & Jessica Chicco) This article considers a “Declaration on the Rights of Expelled and Deported Persons.” Drafted by the authors with significant input from a wide array of scholars, activists, judges, and others, this Declaration, reprinted in Appendix A, responds to what has become in recent years a major worldwide phenomenon: the deportation (also known as removal or expulsion) of large numbers of noncitizens. Read More

Deportation, Anxiety, Justice: New Ethnographic Perspectives

Deportation, Anxiety, Justice: New Ethnographic Perspectives (Heike Drotbohm & Ines Hasselberg, Journal of Ethnic and Migration Studies, Volume 41, 2015 – Issue 4) This paper introduces a collection of articles that share ethnographic perspectives on the intersections between deportation, anxiety and justice. As a form of expulsion regulating human mobility, deportation policies may be justified by public authorities as measures responding to anxieties over (unregulated) migration. At the same time, they also bring out uncertainty and unrest to deportable/deported migrants Read More

The Reversal of Migratory Family Lives: A Cape Verdean Perspective on Gender and Sociality pre- and post-deportation

The Reversal of Migratory Family Lives: A Cape Verdean Perspective on Gender and Sociality Pre- and Post-deportation (Heike Drotbohm, 2014) Deportation, as a coerced and involuntary mode of return migration, contradicts common assumptions and understandings of transnational livelihoods. This can be felt particularly strongly in the realm of the family—the social sphere where migration is facilitated and enacted. Drawing on anthropological fieldwork in Cape Verdean transnational social fields, this paper applies a gendered perspective in examining how deportation affects individual Read More

Assessment of the Risk of Refoulement Under Article 3 ECHR in Cases of Persons Returning to Somalia

Assessment of the Risk of Refoulement Under Article 3 ECHR in Cases of Persons Returning to Somalia (Daan Bes, et al. 2014) In 2013 the European Court of Human Rights (ECtHR) communicated to the Dutch Government several complaints against the Netherlands of Somali applicants who claim that their expulsion to their country of origin would violate Article 3 of the European Convention of Human Rights (ECHR). In the context of these complaints the ECtHR referred questions to the Dutch Government on: Read More

Monitoring the Return of Irregular Migrants and Failed Asylum Seekers by Land, Sea and Air

Monitoring the Return of Irregular Migrants and Failed Asylum Seekers by Land, Sea and Air (2013, Anne-Mari Virolainen – Committee on Migration, Refugees and Displaced Persons – Council of Europe)  Following a steady increase in the number of forced returns of irregular migrants and failed asylum seekers, and in view of the risk of ill-treatment during these forced returns, there is an urgent need to draw up common standards on removal procedures by land, sea and air and on monitoring these Read More

Unsafe Return II

Unsafe Return II (2013, Catherine Ramos) This report has been prepared in order to continue to inform the Home Office, FCO and government departments such as the Country of Origin Information Service of new information relating to the post return experience of Congolese returnees to DRC. Since 2010 Home Office departments have been provided with evidence in order to inform policy, as recommended by the Independent Asylum Commission. This included the report Unsafe Return – Refoulement of Congolese asylum seekers’ Read More

Is Deportation a Form of Forced Migration?

Is Deportation a Form of Forced Migration? (Matthew J. Gibney, Refugee Survey Quarterly (2013) 32 (2): 116-129). In this article I explore why, despite the fact that it seems to represent the epitome of forced migration, deportation (the quotidian practice of lawful expulsion) is generally ignored by forced migration scholars. My key claim is that deportation is implicitly deemed a legitimate form of forced migration. Forced migration is not simply a descriptive term; it is also typically an evaluative one. Read More

Violating the Rights of Deportees: Why Some Deportations to African States Amount to Refoulement

Violating the Rights of Deportees: Why Some Deportations to African States Amount to Refoulement (2012, Leana Podeszfa & Friederike Vetter) In today’s mobile world, questions of rights and democracy cannot be limited to the borders of nation states. In this article, Leana Podeszfa and Friederike Vetter explore the human rights abuses that can occur when failed asylum seekers from Africa are returned to their country of origin. Leana Podeszfa is a graduate of the MPhil in Development Studies at the Read More

Avoiding Refoulement: The Need to Monitor Deported Refused Asylum Seekers

Avoiding Refoulement: The Need to Monitor Deported Refused Asylum Seekers (2012, Leana Podeszfa & Charlotte Manicom) Although the fate of deported asylum seekers remains largely undocumented, a number of organisations have compiled evidence that the human rights of refused asylum seekers are being violated upon return. Deportees are often arrested, put in prison, and tortured. Some are charged with treason; some disappear altogether. Using the example of the United Kingdom, this article argues that such deportations amount to refoulement, and Read More

Unsafe Return: Refoulement of Congolese Asylum Seekers

Unsafe Return: Refoulement of Congolese Asylum Seekers (2011, Catherine Ramos) On 26th February 2007 a Congolese client of Justice First was forcibly removed from the UK on a charter flight to the Democratic Republic of the Congo (DRC), where he arrived on 27th February with his wife and children. After interrogation, the family was allowed to leave the airport. In the early hours of 28th February the client was arrested at the address his wife had given to the authorities Read More

IOM Stands Ready to Assist Zimbabweans Returned from South Africa

IOM Stands Ready to Assist Zimbabweans Returned from South Africa (2011, International Organization for Migration) IOM and partners have begun to implement a contingency plan to provide humanitarian assistance to Zimbabwean migrants who may be forcibly returned from South Africa this year following the end of a regularization campaign on 31 December 2010. Hundreds of thousands of irregular Zimbabwean migrants could face deportation from South Africa as only about a sixth of the estimated Zimbabwean irregular migrant population applied for Read More

IOM Stands Ready to Assist Zimbabweans Returned from South Africa

IOM Stands Ready to Assist Zimbabweans Returned from South Africa (International Organization for Migration 2011) International Organization for Migration. 2011. “IOM Stands Ready to Assist Zimbabweans Returned from South Africa.” http://www.iom.int/news/iom-stands-ready-assist-zimbabweans-returned-south-africa. IOM and partners have begun to implement a contingency plan to provide humanitarian assistance to Zimbabwean migrants who may be forcibly returned from South Africa this year following the end of a regularization campaign on 31 December 2010.

On the Durability and the Decomposition of Citizenship: The Social Logics of Forced Return Migration in Cape Verde

On the Durability and the Decomposition of Citizenship: The Social Logics of Forced Return Migration in Cape Verde (2011, Heike Drotbohm, Citizenship Studies 15 (2011): 381-96) This article explores the impact of deportation, a state practice increasingly applied by European and North American governments, on notions of sociality in transnational social fields. In particular, it concentrates on the dynamics between formal citizenship on the one hand and the moral economies of belonging and membership on the other. Drawing on anthropological Read More

Asylum and the European Convention on Human Rights

Asylum and the European Convention on Human Rights (2010, Nuala Mole & Catherine Meredith) Political upheavals, economic reforms, social instability and civil war have all been factors contributing to changes in the mixed flows of migrants both to and within Europe. Many of those in need of international protection are forced to seek it in Europe and the new member states of the enlarged Council of Europe are now also experiencing the arrival of asylum seekers.This revised edition considers the substantial body Read More

Returned to Risk: Deportation of HIV-Positive Migrants

Returned to Risk: Deportation of HIV-Positive Migrants (Human Rights Watch, 2009) Adrea Mortlock was 15 in 1979 when she arrived in New York from Jamaica, leaving behind the abusive household where she had lived since her mother, years earlier, had left for work in the United States. In 1987, she was convicted of selling cocaine and served a year in prison. A legal permanent resident of the United States with a US-citizen daughter and son, Ms. Mortlock was ordered deported Read More

Pushed Back, Pushed Around: Italy’s Forced Return of Boat Migrants and Asylum Seekers, Libya’s Mistreatment of Migrants and Asylum Seekers

Pushed Back, Pushed Around: Italy’s Forced Return of Boat Migrants and Asylum Seekers, Libya’s Mistreatment of Migrants and Asylum Seekers (Human Rights Watch, 2009) This report examines the treatment of migrants, asylum seekers, and refugees in Libya through the eyes of those who have left that country and are now in Italy and Malta. These people, unlike their counterparts who are still in Libya, are free to talk about their experiences without fear of retribution. The report has two purposes. Read More

Transnational Responses to Transnational Exploitation: A Proposal for Bi-National Migrant Rights Clinics

Transnational Responses to Transnational Exploitation: A Proposal for Bi-National Migrant Rights Clinics (Sarah H. Paoletti, 30 U. Pa. J. Int’l L. 1171 (2009)) In response to the abuses migrants face, migrants and advocates have historically engaged in advocacy on two parallel tracks, with one camp operating in the domestic sphere and the other camp operating in the international arena. In recent history, domestic advocates have begun to cross into the international advocacy field frustrated by the lack of state and federal Read More

The Co-operation on Readmission and Enforced Return in the African-European Context

The Co-operation on Readmission and Enforced Return in the African-European Context (2009, Jean-Pierre Cassarino) Despite the reluctance of most African countries to enter into standard readmission agreements, alternative methods of bilateral co-operation with European countries on enforced return have gained momentum over the last decade. These alternative methods of co-operation include memoranda of understanding, exchanges of letters, pacts, and police co-operation agreements, which include a readmission clause. They do not constitute standard readmission agreements. However, they are agreements with serious Read More

Socioeconomic Rights and Refugee Status: Deepening the Dialogue Between Human Rights and Refugee Law

Socioeconomic Rights and Refugee Status: Deepening the Dialogue Between Human Rights and Refugee Law (Marouf, Fatma E. & Deborah E. Anker, 103 American Journal of International Law 784 (2009)). Over the past two decades, international human rights law has provided an increasingly useful framework for interpreting key criteria of the definition of a refugee. A human rights-based approach to analyzing refugee status helps to increase consistency and uniformity in decision making by state parties regarding who qualifies for international protection. Read More

There’s No Place Like Home: States’ Obligations in Relation to Transfers of Persons

There’s No Place Like Home: States’ Obligations in Relation to Transfers of Persons (2008, Emanuela-Chiara Gillard) The article sets out states’ obligations in relation to transfers of persons under international law, and revisits the key elements of the principled non-refoulement, including its application where persons are transferred from one state to another within the territory of a single state; the range of risks that give rise to application of the principle; important procedural elements; and the impact on the principle of Read More