Abstracts for the Panel Sessions resúmenes de los paneles

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.

3. 
   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.

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.

2. 
   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.

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.

2. 
   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?

3. 
   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”.

4. 
   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.

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.

2. 
   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.

3. 
   Isabel Ruiz: Economic Consequences of Displacement Camps
   

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.

2. 
   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.

3. 
   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.

4. 
   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.

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
   

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).

2. 
   Sanjula Weerasinghe and Abbie Taylor: Responding to Non-Nationals Caught in Natural Disasters and Conflict
   

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.

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