Etikk i praksis. Nordic Journal of Applied Ethics (2018), 12(2), 1-5 |
http://dx.doi.org/10.5324/eip.v12i2.2867 |
LederIntroductionSpecial Issue on
Globalization, Cosmopolitanism, and Migration:
Ethics of Inclusion and Exclusion
Transnational migration is
not likely to slow down. Even if ongoing
conflicts could be stifled and stability
restored in regions that trigger migration
today, global climate change, for instance, is
forecasted to increase population movements
significantly within and across national borders
in the near future (IOM 2018).1
Transnational movement also
represents better life and career prospects, and
it is even considered a fact of human life
(Preuss 1998). While the correlation between
globalization and increasing human migration is
questioned on the basis of historical migratory
movements, globalization certainly inherits many
particular processes and challenges that are
intertwined with migration and migrant
individuals (Czaika and de Haas 2014). National
borders are even considered a violent phenomenon
or industry in itself that aims to preserve
certain privileges and opportunities for some
while excluding others (Jones 2016; Anderson
2014). Human migration raises many concerns for
the rights and interests of individuals, who are
in the nexus of inclusion and exclusion, not
only after they reach their respective
territory, but also during the very movement
itself (Andrijasevic 2010). Notably, signatories of the 1951 Refugee Convention have accepted the responsibility to uphold human rights within their jurisdictions by means of national laws and enforcement. Thus, even if nation states generally are considered to be entitled to govern migration flows into, through and from their territory and to select and discriminate between those seeking access, they are required by international law to do so with due respect for the human rights of individual migrants.2 However, in practice, the universal rights of migrants are often trumped by national interests, and such transgressions are typically justified by reference to state sovereignty. The many problems associated with emigration and immigration today are likely to remain and sustainable solutions are urgently needed. Although the tension between the rights and interests of nation states and individual migrants has received considerable scholarly attention during the past decade, transnational migration is a complex matter in need of further scholarly analysis.3 Given its multifaceted nature, transnational migration is arguably better understood by recognizing that a perspective which focuses on the state as a unit of analysis might be detrimental to disclosing relevant and significant interests embedded in the mobility of individuals. It is also important to problematize the actual practices so that particular instances of unfair treatment, injustices and challenges can be addressed. By mapping and addressing ethical concerns under current migration governance, we hope to achieve a better understanding for the values at stake.
To that end, the
contributors to this issue offer applied
critical and normative perspectives on central,
yet overlooked, ethical aspects of migration
management with a certain cosmopolitan lens in
some capacity. However, cosmopolitanism might
mean different things for transnational
migration. It can refer to “political
cosmopolitanism” that provides the reasons for
why there should be certain global institutions
governing migration. It can also refer to “moral
cosmopolitanism” that simply represents a moral
concern for individual rights and interests
first and foremost (Caney 2005). Cosmopolitanism
can also work as a lens that is based on a
scepticism towards using the nation-state as the
ultimate unit or locus of analysis. These
perspectives are not mutually exclusive, and the
contributions in this special issue accommodate
a form of cosmopolitan outlook or stance in
their discussion on migration management
practices.
Magnus Skytterholm Egan, in his
contribution, provides a general cosmopolitan
perspective about how to distribute
opportunities, and then Melina Duarte provides a
more inclusive approach to electoral rights.
Then the issue of restrictions is taken up by
Martin Lemberg-Pedersen, who problematizes the
restrictions addressing the issue of
unaccompanied minors. Yusuf Yuksekdag offers a
different perspective and looks into permissible
restrictions on emigration in emergency
situations. The four contributors share the aim
of spelling out the aspects necessary to develop
mechanisms that better cater to the needs and
rights of migrants and individuals worldwide.
All the contributors start from the assumption
that everyone holds the same moral worth and
that this worth should be safeguarded
irrespective of membership or belonging. Thus,
they embark on their premises from a
cosmopolitan stance, even if not explicitly,
when critically engaging with the challenging
and highly topical aspects of current migration
governance (expulsion, access to political
rights, freedom of movement). Of concern are
both inclusion and exclusion of migrants (forced
and voluntary). Importantly, the agreement to
respect, safeguard and promote the human rights
of migrants may require that nation states not
only alter particular law enforcement
procedures, but also law enforcement regarding
migrants more generally. Migration is not
understood as something temporary, extraordinary
or exceptional, but rather as a feature of the
globalized world that requires sustainable
long-term solutions. It is also disputed that
states should be entitled to exercise unlimited
sovereignty and control over immigration. Taken
together, this special issue takes up both
largely theoretical and also more applied
discussions of different forms of
inclusion/exclusion practices towards migration
and migrants in general.
In Towards
fairer borders: Alleviating global inequality
of opportunity, Magnus Skytterholm Egan sees
his role as a political philosopher as one of
providing tenable reasons for differentiated
treatment that can be considered morally
justified and others that cannot be ethically
acceptable. He is concerned
with voluntary rather than forced migrants, i.e.
not with refugees, and the significance of
mobility for individuals´ chances of leading
worthwhile lives. While agreeing that nation
states, to a certain extent, should be allowed
to control their borders and admission, Egan
also argues that Western states have a certain
responsibility to mitigate global inequality of
opportunity because they contribute to this
imbalance in various ways. Significantly,
according to Egan, equality can be promoted with
the existing borders in place, but significant
amendments in migration policies are necessary.
He develops a fairer migration model that
better, and in a more holistic way, respects
equal opportunity. The proposed model is not
only concerned with opportunities of the
individual migrant but also with the effects of
the “receiving” and “sending” country. Egan
argues that in order to evaluate existing migration
regulations, a broad impact assessment of this
kind must be made. Against the backdrop of this
model, he addresses current migration practices
and suggests how prevailing unfairness could be
mitigated.
In Who should
be granted electoral rights at the state
level? Melina Duarte takes up the very
question that the title of her contribution
suggests. The issue of electoral rights is
especially significant in a world of increasing
human mobility across borders. This leads to
another multi-layered inclusion/exclusion
question for non-citizen individuals who have
either been a resident or who plan to reside in
a country for an extended period. Duarte argues
that naturalisation should not be a necessary
condition for granting electoral rights for
state members within liberal democracies. She
aims to provide a two-fold account of this
argument. First, she problematizes and
deconstructs the link between state-level
political membership and citizenship. Duarte
questions this link and thus the procedures
making access to electoral rights conditioned
upon naturalisation. Second, Duarte discusses
the conditions under which a non-citizen
resident can gain access to electoral rights.
Rather than using different conceptualizations
of residency, Duarte proposes the use of
"domicile" as an alternative to define
membership in a political community that would
be the locus of granting electoral rights to
individuals.
In The
'imaginary world' of nationalistic ethics:
Feasibility constraints on Nordic deportation
corridors targeting unaccompanied Afghan
minors, Martin Lemberg-Pedersen, on the
other hand, deals with the permissibility of
certain restrictive practices in the case of
immigration of unaccompanied minors. Before the
recent “migration crisis”, it was the practice
in Europe not to return so called unaccompanied
minors (UAMs). Humanitarian reasons, paired with
“particularly distressing reasons” in some
countries, were previously frequently invoked
when assessing asylum claims of unaccompanied
minors. More and more however, European
countries have chosen not to invoke humanitarian
reasons in relation to children – Nordic
countries are no exception – and many young
adolescents are subjected to escorted returns.
In recent years, unsuccessful attempts to
construct deportation corridors for
unaccompanied minors to Afghanistan have
resulted in public outcry and massive protests
in the Nordic countries. In his article,
Lemberg-Pedersen depicts the Swedish, Danish and
Norwegian governments’ participation in the
European Return Platform for Unaccompanied
Minors (ERPUM) and scrutinizes reasons typically
invoked to justify returns of UAMs: (1)
credibility-based arguments and (2)
humanitarianism-based arguments. Both of them
are principled nationalistic justifications and
are also found in current Nordic political and
bureaucratic deportation discourses. Drawing on
scholars like Gibney (2004) and Miller (2017),
Lemberg-Pedersen warns against the risks
associated with moral principles being discussed
independently of questions of agency and
implementation. He argues that the practical
constraints faced by governments seeking to
promote normative ideals via policies must be
considered not only by cosmopolitan, but also by
nationalistic ethics. Nordic attempts to build
UAM-deportation corridors to Afghanistan are
criticized for “fact-independent theorizing” and
for being based on an “imaginary world whose
natural and social laws are different” from
reality.
In How to
Understand Limitations of the Right to Exit
with Respect to Losses Associated with Health
Worker Emigration: A Clarification, Yusuf Yuksekdag points to a need
for a clear understanding of what it means to
restrict an individual's exercise of the right
to exit. Health worker emigration from
under-served contexts is one instance where many
scholars argue for some form of restrictions on
health workers’ exercise of their right to exit,
in order to tackle the associated effects of
their emigration on the basic health need
delivery in their respective communities. While
there are insightful arguments both in favour of
and against such restrictive measures, Yuksekdag
emphasizes the importance of revealing different
ways in which we can understand rights
limitations. He suggests that limitations of a
right can be understood in terms of scope, as
inherent restrictions to a right, or in terms of
weight/emergency, as case-specific situations
where a moral consideration outweighs the
concerned right in the given situation.
Yuksekdag suggests that how we understand the
restrictions on the right to exit in the given
case would determine the way we would implement
restrictions, especially in terms of their
implications. He warns against taking for
granted that the right to exit has inherent
limitations and focuses on the merits of
understanding the issue at hand as an emergency
restriction. He also discusses the implications
of this approach, such as the required
compensation for individual right-holders. 1 Future
migration forecasts vary from 25 million
to 1 billion environmental migrants by
2050, moving either within their
countries or across borders, on a
permanent or temporary basis, with 200
million being the most widely cited
estimate (IOM 2018). 2 For instance, while it may be
within states' rights to remove
individuals from their territory who
lack a valid reason to remain, they
may not return “irregular migrants” to
nations where the returnees may face
violence and persecution (the
non-refoulement principle).
Andersson, R. (2014). Illegality,
Inc.: Clandestine migration and
the business of bordering Europe.
Oakland: University of
California Press.
Andrijasevic, R.
(2010). Migration,
Agency and Citizenship in Sex
Trafficking. London:
Palgrave Macmillan. CrossRef
Caney, S. (2005). Justice
Beyond Borders: A Global Political
Theory. Oxford: Oxford
University Press. CrossRef
Czaika, M., de Haas,
H. (2014). The Globalization of
Migration: Has the World Become
More Migratory? International
Migration Review 48(2):
283-323. CrossRef
IOM. (2018). Migration,
Climate Change and the
Environment. Retrieved Nov
13, 2018 from
https://www.iom.int/complex-nexus Jones, R0. (2016). Violent Borders: Refugees and the Right to Move. London and New York: Verso.
Preuss, U. K. (1998).
Migration - A Challenge to Modern
Citizenship. Constellations
4(3): 307-319. CrossRef
Yusuf Yuksekdag (Visiting Researcher, Institute of Philosophy, University of Bern; Ph.D. Student, Centre for Applied Ethics, Linköping University). E-mail: yusufyuksekdag@gmail.com Elin Palm (Associate Professor, Director of the Centre for Applied Ethics, Linköping University). E-mail: elin.palm@liu.se The cover features a photo taken by Romualdas Volungevicius in Nouâdhibou, Mauritania. The image is used in the cover with permission from the photographer. The photo is also available on Romualdas Volungevicius' social media pages.
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