Abstracts for the Panel Sessions resúmenes de los paneles

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Janina Moninska: Migration moving mountains: Starting to erode hegemony.

The contribution of artists to the troubled situation of forced migration and refugees should not be overlooked. Artists continue to challenge neo-liberal hegemonic structures that seem to be caught in a double bind of both protecting notions of truth, justice and reparation while at the same time undermining them. Indeed, the question of what are human rights is becoming increasingly problematic.

Art can be considered a tool that can reveal what has been kept invisible and raise uncomfortable questions. A means of giving voice to the oppressed often silenced. Well known examples from Latin America are ‘When Faith Moves Mountains’ by Francis Alÿs and ‘Plegaria Muda
’ by the Colombian artist Doris Salcedo.
Currently there is an explosion of artwork reflecting the migrant image and global crisis. Migration appears to be moving mountains, and as Hannah Arendt and Giorgio Agamben have posited: ‘We are all refugees’.
Live art is an artform that has emerged from interdisciplinary spaces creating connections with disciplines not usually in dialogue with each other. This paper will focus on my own live art performances that use legal case studies to capture how an individual seeking asylum can find him/herself both inside and outside the law. With this purpose, in this study, I will explore the methodology used to engage with emergent refugee law to investigate the efficacy of live art as political intervention.

  1. Dianna Shandy: Narratives, Nuance, and Intention: Telling Stories to Make a Difference

Life stories are of increasing importance across a range of academic disciplines and human rights and humanitarian relief settings. Much human rights and humanitarian relief advocacy and legal matters revolve around the use of peoples’ stories. This paper explores how border crossings become knowable through storytelling. In particular, this paper examines the relationship between migrant narratives from South Sudan and the role of the ethnographer in the retelling. It juxtaposes the narrative alongside the ethnographic intervention to tease apart text and intention in order to better understand the role of stories in mobilizing diverse constituencies around forced migration issues. By better understanding how these stories are crafted, we are better positioned both to think critically about such efforts and, in a more applied sense, to understand and exploit the shifting boundaries across research, advocacy, and policy.

Panel 55

National and International Tribunals: A scenario of protection.

  1. Idil Atak: Protecting Human Rights of Migrants at the External Borders of the European Union : The Role of the European Courts

With an estimate number of up to 3.8 million irregular migrants and 336 015 new asylum applications filed in 2012 in 27 European Union (EU) Member States, migration is a topical issue on the EU’s political agenda. The efforts to tackle irregular migration and to prevent abuse of the asylum system have resulted into increasing focus on the surveillance of the EU’s external borders. Several legislative, administrative and operational measures have been taken by the EU and its Member States to strengthen border controls.This presentation offers a critical analysis on the implementation the recent European border surveillance policies and on their consistence with human rights principles. It is argued that the development of EU-wide standards regarding migration and asylum at the regional level has not been matched by a parallel coordinated guarantee of the rights of forced migrants. The increasing focus on border surveillance has rather increased the vulnerability of migrants at the border who are often subject to practices which infringe their liberty and security and to other human rights abuses. The presentation also discusses the role of the European Court of Human Rights and the Court of Justice of the European Union in the defence of migrants and asylum seekers’ rights. It examines the recent case-law of these courts which have upheld the rights of migrants in the face of public policies that were trampling them with apparent political impunity. It is argued that the European courts’ decisions not only protect the rights of the individual migrants involved, but also serve as precedents and therefore participate in educating the public on migrants’ rights, thus contributing to changing public perceptions and fighting negative public discourses and policies.

  1. James Simeon: Ending Impunity for International Crimes, Forced Migrants, and the Challenge of Peacebuilding in Situations of Transitional Justice.

This paper will seek to explore the normative, substantive and procedural challenges of addressing international crimes in situations of transitional justice. The paper will seek to explicate the core pertinent question of how persons who are responsible for clearly violating international law for the commission of war crimes and/or crimes against humanity, and who, therefore, ought to be brought to justice, but, who are, at the same time, also essential for brokering a peace agreement, or at least a cessation of hostilities, ought to be dealt with? How can and/or should this blatant moral dilemma or ethical conflict best be addressed and/or resolved? This question is most relevant in those situations where there has been a protracted non-international armed conflict or civil war where the state’s military has been engaged in hostilities with rebel forces and various atrocities that have been known to have been committed over the course of the armed struggle. Indeed, over time, members of the state’s military and members of the rebel forces may have sought refugee protection or Convention refugee status abroad, due to the ongoing conflict and inherent instability in their country of nationality. Should the demands for a brokered peace settlement and the demobilization of forces and the commencement of post-conflict peace building development efforts take precedence over ending the impunity for those who have committed serious international crimes? In addition, the paper will look at how this moral dilemma or ethical conflict has been addressed in the case of forced migrants who have sought Convention refugee status or refugee protection abroad.

Panel 56

Screening for Conflict and Asylum Related Sexual Violence – and its implications for Justice & Durable Solutions
Panel 57

Racism and Xenophobia: still present.

  1. Julián Gutierrez: Internalized Racism and Displacement in Colombia

I will draw from my current research on ‘Internalized Racism among Mestizos’ to explore the geographies of displacement and racism, as well as processes of exclusion of Indigenous and Afro-descendants in Colombia, in order to reflect and contribute to an essential aspect of long term solutions to the armed conflict in Colombia. There is a strong relation between displacement and racialization; the disproportionate numbers of forced displacement among ethnic groups have been acknowledged by CODHES, ACNUR , and even government institutions like Defensoria del Pueblo and Acción Social; a geography of displacement and racism could be drawn by overlapping a map of the regions that are more affected by forced displacement and a map of the regions where ethnic groups are predominant.

My argument is that despite that whiteness is a privilege in Latin America and that Mestizos are, in some contexts, also oppressed by racism, we still prefer to see ourselves closer to a white/European heritage in order to access the privileges and power of ‘whiteness’, ignoring our Indigenous and Afrodescendant ancestry. Processes of racialization imply the construction of opposite identities, in the Colombian case, Mestizo identity has been constructed as a non-racialized category, closer to whiteness and separated from indigenous and Afrodescendants; but I argue that the boundaries that divide racialized categories are not so clear given that race is socially and spatially constructed. This abstract division provides the justification for the othering of racialized subjects, and this othering has profound implications in the understandings and stigmatization of displaced people and regions in conflict in Colombia. This approach goes beyond the focus on the armed conflict, and pays attention to the way Colombians reproduce the oppression inflicted upon displaced Indigenous and Afrodescendants in everyday life.

  1. Jessica Anderson: Threat and the Logic of Target Selection: Migration and South Africa’s Xenophobic Attacks

Amidst increased migration, reports of xenophobic attacks in South Africa, and globally, are on the rise. And yet, little is known about the logic behind this kind of violence. Meanwhile, the targets of attacks vary widely, with considerable variation in the victims, nature, and extent of violence. This paper therefore asks: what accounts for variation in the kinds of violence (indiscriminate, group-based, and selective) used against foreign nationals?

While the civil and ethnic conflict literature examines target selection, the ways in which target selection varies for different types of violence and state contexts is under-theorized. This paper therefore puts forward a set of hypotheses based on the existing literature on target selection in ethnic and civil conflict. It tests these hypotheses against incidences of xenophobic violence against foreign nationals in South Africa, where the author conducted extensive fieldwork between May 2010 and July 2012. This paper finds that xenophobic violence is not random or uncalculated. Rather, two key mechanisms guide different forms of target selection: 1) whether the threat is existential or hierarchical; and 2) whether information is available about the target. Target selection based on hierarchical threats are differentiated based on whether they are economic or social, or direct or diffuse. These findings are based on four in-depth, typical case studies of settlements experiencing xenophobic violence (the settlements of Itereleng, Ramaphosa, Atteridgeville, and Diepsloot). This paper concludes by briefly discussing the implications of these findings for theories of migration and xenophobic violence writ large, and rational motivations for target selection in particular.

  1. Sirus Kashefi "A Look at Economic, Social, Legal, and Political Racism in North America throughout Selladurai Premakumaran and Nesamalar Premakumaran v. Her Majesty the Queen"

This paper will critically explore the social, economic, legal, and political problems of two immigrants, legally known as Selladurai Premakumaran and Nesamalar Premakumaran v. Her Majesty the Queen, which is a case discriminatively ruled by the Federal Court of Appeal of Canada in 2006. Thanks to the Canadian mass media’s mutism and to Citizenship and Immigration Canada, a gigantic organization of manipulation and propaganda, which did crush down a non-governmental and peaceful website (www.NotCanada.com) denouncing Canadian racism against and exploitation of the immigrants and international workers, such a case and similar problems are neither known to the public, nor spoken in any Canadian law school managed by the “White Canadian Masters”.

On the one hand, we explain how those wife and husband, both highly skilled workers from the UK and originally from Asia, came to Canada after the Canadian Government’s white card about finding good jobs in their fields in 1998. As a family of “the middle class” in London, Selladurai worked as an accountant and lecturer in the field of Accounting and Finance, Nesamalar as an administrative officer with the British Government. Even after sending thousands of applications, none of them could find any job in his/her field better than manual and exploitive jobs such as washroom cleaning.
On the other hand, we show how they had really no other option than suing the Canadian Government because of its violation of promise and advertising (i.e. working in their field and consequently prosperity for them and their children as well) during a long, exhausting, and extremely expensive legal process in which they had to fight alone against State power and authority having caused their misery and racism. We also critically analyze how the Canadian legal system rapidly and carelessly rejected their case. For instance, the Federal Court did not bother itself even to legally and politically justify its decision of dismissing Premakumaran’s “action against Canadian government for fraud, negligent misrepresentation in skilled worker immigration context.” Indeed, Premakumarans have been intentionally discriminated in spite of their degrees and experience in the UK and of their rights guaranteed in the Canadian Charter of Rights and Freedoms. As we should also affirm, the Canadian labor law is itself racist, since the article 3 of the Employment Equity Act of 1995 specifies “members of visible minorities” means persons, other than aboriginal peoples, who are non-Caucasian in race or non-white in colour.” Thus, the United Nations has truly rejected this article as a type of racism.
Finally, I should conclude that Canadian racist case is not unfortunately a marginal case at all, because, for example, I immigrated to Canada as a PhD in law from Sorbonne to endure a life of misery and racism without being able to be a professor at any white law school around Canada. As a “neo-liberal and highly capitalist State”, the Canadian Government is perfectly aiming at enjoying “brain drain” and “cheap labor” to the detriment of destroying psychologically, materially, socially, legally, and politically the life of many immigrants and workers when cynically propagating its ideology and mercantilism as a “multiculturalism”, “prosperity”, “human rights”, and “immigrant paradise”. In short, Canada would actually love to accept only those “who are Caucasian in race”. So, we, i.e. non-white people, are not really welcomed, at least not welcomed to share its wealth and prestige, but certainly its racism, discrimination, and poverty.

  1. Sadhana Manik: Zimbabwean Teachers’ Seeking Peace and Stability in South Africa

Zimbabwean teachers are the largest cohort of foreign teachers in South Africa. This paper explores Zimbabwean teachers’ migration experiences in South Africa after fleeing from socio-economic and political strife in Zimbabwe. The data draws from the findings of two studies (one qualitative and the other mixed methods) undertaken in South Africa on migrant teachers; teachers being a category of highly skilled professionals in demand globally. Both studies were on the nature of teacher migration to South Africa. The former study was centred specifically on Zimbabwean teachers’ reasons for migration and their experiences (undertaken in 2011) and the other more broadly on migrant teachers’ experiences (undertaken in 2012). Bhaba’s construct of diasporic identity was used as a portal to understand migrant teachers’ socio-economic and professional experiences in South Africa in their pursuance of peace and stability in a neighbouring country. The findings reveal that Zimbabwean migrant teachers can be conceived as nomads, experiencing multiple struggles personally and professionally, which commenced from their entry into South Africa, in their search for acceptance. Their ‘othering’ which locates them in a marginalized position results in them being treated with hostility by government officials, ignored for their contribution to educational development in South Africa and being fearful, prone to xenophobic attitudes and behavior in schools and society.

Panel 58

Leaving behind the displacement: Conditions for durable solutions (II).

  1. Nathan Toews: Psychosocial support by the Colombian Anabaptist church to promote healing in the midst of forced displacement

The integration of a clinical understanding of trauma treatment presented by Judith Herman in her book, Trauma and Recovery: the aftermath of violence – from domestic abuse to political terror (1992) with community-based psychosocial programs provides a more integrated understand of trauma healing for people in situations of forced displacement. Through a deductive qualitative analysis of ten semi-structured interviews this paper examines the role Anabaptist churches have in promoting healing in the lives of those living in forced displacement. Participants for the research were chosen using a criterion sampling strategy based on their situation of continuous forced displacement and for their current participation in an Anabaptist church. While Anabaptist church programs do not focus specifically on trauma healing or provide clinical services for trauma treatment, the research participants´ experience suggests there is evidence that the church programs and services provide spaces for healing to happen in the midst of Continuous Traumatic Stress (CTS). The analysis of the interviews is based on Judith Herman´s framework of healing involving three stages of recovery: safety, recognition and reconnection. This framework is also the basis for two practitioner oriented guides in the field of peacebuilding: The Little Book of Trauma Healing by Carolyn Yoder (2005) and Psychosocial Healing: A Guide for Practitioners by Paula Gutlove and Gordon Thompson (2003). The juncture between psychology and peacebuilding represented in these works provides a basis for demonstrating what healing can look like in situations of societal trauma such as in the context of forced displacement in Colombia.

  1. Hyojin Im: An Interpretive Study of Meaning of Peace and Conflicts among Somali Refugees in Kenya: Evaluation of Peace Education Programme in Dadaab Refugee Campk

The Dadaab refugee camp, located in Northeast Kenya nearby Somali border, is notorious for meager conditions of living and insecurity due to protracted refugee situations for over two decades. Violent conflicts, in part due to congestive living and conflicts transmitted from the home country, have become a chronic living condition among refugees in Dadaab, which often take place in the form of domestic and sexual violence and conflicts among clans and ethnic groups. Given such critical conditions, it is important to explore refugees’ understanding of peace and root cause of conflicts and to evaluate efforts on peace-building and conflict resolution among refugees. The current study is to assess Peace Education Programme (PEP) that was initiated by UNHCR and implemented by National Council of Churches of Kenya (NCCK) in Dadaab, while identifying gaps and further needs for strengthening PEP. Based on six focus groups (three female and three male groups), each of which consists of 15-16 refugee peace facilitators and peace education teachers, this study explores the perceived causes of conflicts in both home country and refugee camp, meaning of peace, and impact of PEP on the community. It will also discuss additional needs and gaps of PEP, such as assistance with resettlement and repatriation, and high demand in trainings and staff support. The identification of the needs of refugees and their expectations of PEP suggest potential next steps for the PEP and other peace-building and conflict resolution programs for forced migrant communities.

  1. Isabel Ruiz: Economic Consequences of Displacement Camps

During the 1990s an estimated 800,000 people were forced out of their communities by the Burundian army and placed into camps, a policy known as “regroupment”. Those in regroupment camps were referred to as regroupés and the regroupment camps were often called “protection sites” as the military argued that the local population was being protected from rebel attacks (Martin, 2003). By all accounts movement to these camps was involuntary and enforced by the use of force (or the threat of force) on the part of the military (Martin and Hiddleston, 2006). These camps lacked food, water, shelter and basic sanitation but once in a regroupment camp individuals were not allowed to leave freely and leaving without authorization would make them military targets (Amnesty International, 1997).
There has been little analysis of the medium- and long-term implications of forced migration. This lack of analysis affects our understanding of the consequences of forced displacement and, more important, it limits the potential effectiveness of humanitarian and developmental policies. This paper explores the long-term consequences of the regroupment policy. By focusing on regroupment, our analysis avoids the self-selection problem typically present in exploring the impacts of camp residence. Households that experienced regroupment are less likely to own livestock and to have crop and livestock production for subsistence as their main economic activity. This pattern could be the consequence of displacement camp residence affecting previous agricultural skills and resulting in fewer transfers of agricultural skills across generations.
Panel 59

Forced Migrations and the Construction of Humanitarian Protection in Brazil – durable lessons to be learned by other States in the Region?
Brazil has long been regarded as a regional leader in the field of forced migration, especially due to the adoption of the “spirit of Cartagena” in its legislation and actions in relation to refugees. It has been praised both for its internal actions (e.g. Law 9474/97 on the status of refugees) and for internationally proposing new approaches to the most pressing regional issues on the topic (such as the resettlement in solidarity initiative adopted in the Plan of Mexico on the 20th anniversary of Cartagena). The aim of this panel is to analyze whether the reflexes of the Cartagena Declaration have been extended to the Brazilian practice of forced migration beyond the refugee regime. This proposal stems from recently adopted measures by Brazil that can be said to constitute complementary protection aimed at securing protection for people that have been displaced for humanitarian reasons but that do not – in the assessment of Brazil – qualify for refugee status.
The most relevant examples are the treatment of Haitians (environmentally displaced people), Syrians (who have been granted humanitarian visas) and the on-going construction of a regime for victims of human trafficking. Each of this scenarios is the topic of one of the papers that compose the proposed panel, which is completed with a fourth contribution on security zones, aimed to analyze whether Brazil could adopt humanitarian actions focused on protection outside its territory.
In this sense the proposed panel combines both the focus on the Cartagena Declaration and on forced migration and peace of IASFM 15, as all of the actions adopted by Brazil for humanitarian protection are taken in these contexts. It also congregate a few of IASFM 15 themes, especially the ones that deal with forced migration in the context of peace (in the topics of environmentally displaced people and victims of human trafficking), regional responses to the forced exodus (as Brazil has been a regional leader with its national practices followed by other States in the region), and durable solutions (in the topics of complementary protection and humanitarian protection for forced migrants).
The papers are been developed by post-graduate students supervised by professors that have been studying the topic of international law, international relations and human rights. The idea is to have all the papers presented in Spanish so as to, on the one hand, assert the fact that this is research done in Latin America, with a focus on the regional, and, on the other hand, to honor the location of the IASFM 15. The panelists will the students writing the paper (José Carlos Loureiro, Ricardo Burratino Félix, Arisa Ribas Cardoso e Elisa Moretti Pavanello) assisted by prof. Danielle Annoni.
It is believed that with the assessment of the conduct of Brazil, steaming from its commitment to the Cartagena Declaration, it is possible to ascertain positive developments in humanitarian protection in the region as well as to point out shortcomings that, if corrected, can assist in developing a more humane humanitarian space in Latin America, which was the core foundation of Cartagena Declaration.

  1. The protection of Environmentally Displaced Persons in Brazil: an adequate form of protection?. José Carlos Loureiro and Liliana Lyra Jubilut .

The topic of environmentally displaced persons has gain momentum in Brazil with the arrival of significant numbers – at least from the emigration perspective of Brazil – of Haitians to the country after the 2010 earthquake and the 2012 hurricane Sandy. In light of said arrivals it became necessary to seek a migratory solution to these forced migrants, especially in relation to their migratory status in Brazil. Guided by a restrictive interpretation of the concept of refugee – either in relation to the meaning of persecution or to the concept of gross violation of human rights – the Brazilian government does not recognized that people being displaced due to environmental challenges can have refugee status, the only humanitarian protection institute for forced migrants legally well-established in the country. Despite this, and aiming to guaranteeing some form of protection, Brazil has created a form of a humanitarian complementary protection to Haitians: through a resolution (resolution 97 of January 12, 2012) adopted by an administrative body - the National Immigration Council (Conselho Nacional de Imigração), Brazil has started to grant permanent resident visas to Haitians. It is, thus, necessary to ascertain (i) whether this treatment and migratory solution to environmentally displaced persons is adequate or not, (ii) if it can be regarded as an effective state policy for environmentally displaced persons (even if created exclusively for Haitians), or (iii) if it constitutes a means to avoid debating and embracing the topic of environmental humanitarian protection. These assessments are the goals of the present paper.

  1. Brazil´s actions in the humanitarian protection of Syrians. Ricardo Burrattino and Félix Alcindo Gonçalves

The purpose of this article is to analyze the Brazilian contribution to the protection of Human Rights on the humanitarian crisis in Syria, regarding the granting of humanitarian visas, through the dialogue held in the spirit of the Cartagena Declaration of 1984. In March 2011 the Syrians, motivated by the Arab Spring, took the streets in protests against the regime of Bashar al-Assad, demanding democratic reform to the country. The Syrian government adopted extreme measures, which led to a conflict that still persists after almost three years and currently intensifies. In Brazil, a growing number of Syrians has arrived in the country in order to seek asylum. According to international procedures and to the Brazilian refugee legislation, Law 94747/97, asylum claims in Brazil can only be lodged from within the national territory. Due to the difficulties faced by the Syrians in order to achieve the required documents to enter in Brazil, the National Committee for Refugees - CONARE published on September 20th, 2013, the Normative Resolution 17, which grants the appropriated visa, addressing the humanitarian needs, to forcibly displaced persons affected by the Syrian armed conflict. The study attempts to reveal the migratory flow caused by the Syrian conflict, which results in a large number of refugees. Therefore, the study also provokes questions about the effectiveness of the measures taken by Brazil, highlighting the importance of the cooperation between the States to protect the Human Rights on the current humanitarian crises.

  1. The protection of human trafficking victims in Brazil. Arisa Ribas Cardoso and Danielle Annonni

Human trafficking is an illegal action present throughout the world, including in Brazil. The Palermo Protocol against Human Trafficking was ratified by Brazil in 2004. Despite this, the national legislation was not yet modified accordingly to combat the crime and protect the victims. Thus, this article pursuit to analyze the existing and possible protection to the victims of human trafficking in Brazil, demonstrating its shortages and weaknesses, especially concerning the foreign victims, and pointing out possible alternatives, in accordance with the International Human Rights Law and the International Refugee’s Law. For this, initially are presented the characteristics of the crime, particularly in Brazil, and indicated the rights and obligations of the country to the victims in accordance with the Palermo Protocol. Then, the existing national legislation and political measures are identified and assessed. Finally, the possible alternatives for the protection of the victims in Brazil, in accordance with the International Human Rights Law and the International Refugee’s Law, to which the country is compromised, are brought forward and analyzed. The conclusion of the study indicates that Brazil has a weak framework protection for the human trafficking victims, but, as it is committed with international human rights treaties, with a proper interpretation, it is possible to find mechanisms to protect these vulnerable human beings.

  1. Brazil´s assistance in establishing safety zones for the Protection of internally displaced people. Elisa Moretti Pavanello and Alice Fushako Itani.

This paper sets out to assess the possibility of assistance by Brazil as Protecting Power to establish safety zones aimed at protecting protection internally displaced people, based on the third paragraph of article 3 of the IV Geneva Conventions (1949). This provision determines the possibility to create a special agreement between the State and the rebel armed forces agreeing to bring into forces all or parts of the other provisions contained in this Convention. One of the provisions would be article 14 that determines that a State, in this case, Brazil, would play the role of Protecting Power to guarantee the interests of the parties to the conflict. Thus, the special agreement would allow Brazil to lend its good offices and to facilitate the institution and recognition of safety zones to protect the civilian population from the effects of internal conflict, especially internally displaced people. The choice for the safety zones instead of neutralized zones or demilitarized zones, lays on the fact that the former has a permanent duration, while the latter two would have a shorter existence, an important aspect since the duration of the civil conflicts tends to be long. Furthermore, safety zones would contribute to preserving family ties, professional, social and cultural relations, i.e. the identity of the persons, as they would remain in their country of origin. Whether or not this solution can be implemented by Brazil especially in relation to other Latin American states with internally displaced population is the aim of this paper.

Panel 60

Forced Migration in peace time

  1. Raquel Celis y Oscar Pulido: Los Grandes proyectos de desarrollo en el origen del desplazamiento. Repensando la migración forzada. Conclusiones del estudio de caso del Quimbo y reflexiones desde el contexto

A partir del estudio de la repercusión de la construcción de la represa de El Quimbo, en el río Magdalena, se pretende compartir algunas conclusiones sobre los impactos de grandes proyectos de desarrollo en el desplazamiento de las personas y comunidades.

La concepción de un desplazamiento como forzado se rige por los instrumentos de protección que definen a una persona como refugiada o merecedora de otro tipo de protección internacional o como desplazada interna. Sin embargo, no existen criterios claros que permitan definir o delimitar cuando una violación de derechos humanos podría constituir una migración forzada. No todos los instrumentos recogen las mismas causas (aquellos que se refieren al desplazamiento interno son más amplios) y muchos movimientos migratorios son categorizados como voluntarios o económicos sin un análisis completo.

El objetivo último es proponer un debate en torno a la necesidad de consensuar una definición inclusiva de la migración forzada que tenga en cuenta la violación de derechos económicos, sociales y ambientales en el origen de las causas. La idea es avanzar hacia la caracterización de la violación de derechos grave o sostenida o sistemática como constitutiva de un desplazamiento o migración forzada.

Esta ponencia es fruto de un trabajo de investigación orientado a evidenciar la invisibilización de las causas que fuerzan al desplazamiento en el contexto de desarrollo global, denunciar la progresiva ‘migratización’ del asilo en Europa y avanzar en la construcción de un concepto inclusivo más acorde con los insumos que ofrece el Derechos Internacional de los Derechos Humanos. Para ello se ha tomado como referencia el caso colombiano, estudiando el impacto del El Quimbo y el origen de la migración colombiana residente en el País Vasco (Estado español).

  1. Sanjula Weerasinghe and Abbie Taylor: Responding to Non-Nationals Caught in Natural Disasters and Conflict

In times of peace, when natural and human-made disasters strike, as well as situations of conflict, non-nationals face difficulties accessing protection and assistance because there are no clear mechanisms or frameworks that clearly delineate responsibilities of different actors—be it states of origin, destination or transit, employers, international organizations and civil society. Hurricane Sandy, the 2011 floods in Thailand, the triple disaster in Japan, as well as conflicts in Libya and Syria, are situations in which non-nationals—regular and irregular migrant workers, stateless populations, victims of trafficking, refugees and asylum seekers, and others—are among those most seriously affected.

Importantly, following the 2013 UN High-Level Dialogue on International Migration and Development the US and the Philippines constituted a working group, comprised of, among others, Costa Rica, to develop, through a consultative process a set of voluntary guidelines to better prepare for, respond to, and protect the dignity and rights of, non-nationals caught in a limited set of circumstances.

Using desk research from the aforementioned cases, this presentation/paper seeks to provide an overview of the challenges faced by, the needs of, and responses towards, non-nationals when they are caught in disasters or conflict in countries that are not their own. Among the themes to be covered are:
1. The diversity of movements or lack of movements (trapped populations);

2. Particular vulnerabilities of non-nationals and different categories of non-nationals vis-à-vis nationals;

3. Protection needs across phases (i.e. pre-crisis, during crisis and following crisis);

4. Harmful and promising practices by different actors;

5. Efforts and responses towards these populations; and

6. Non-nationals caught in other situations of crises including criminal violence

Given the thematic focus of the presentation on addressing forced movements and protection needs of non-nationals caught in disasters and conflict, this presentation relates most directly to Track 3: Forced Migration in the Context of Peace, and also Track 5: durable solutions, as the presentation will also touch upon a new State-led initiative to address this issue.

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