Beyond the matrix of oppression: Reframing human smuggling through instersectionality- informed approaches

2017 ◽  
Vol 21 (1) ◽  
pp. 46-56 ◽  
Author(s):  
Gabriella Sanchez

What are the challenges and the advantages of using an intersectionality-informed approach in criminological research? In this essay I raise that question via an analysis of human smuggling discourses. Tragic events involving the deaths of irregular migrants and asylum seekers in transit are most often attributed to the actions of the human smuggler— constructed as the violent, greed-driven, predator racialized, and gendered as a male from the global South. Most academic engagements with smuggling often failing to notice the discursive fields they enter, have focused on documenting in detail the victimization and violence processes faced by those in transit, in the process reinscribing often problematic narratives of irregular migration, like those reducing migrants to naïve and powerless creatures and smugglers as inherently male, foreign and criminal bodies. I argue that essentialized notions of identity prevalent in neoliberal discourses have permeated engagements with migration, allowing for human smuggling’s framing solely as an inherently exploitative and violent practice performed by explicitly racialized, gendered Others. In what follows I start to articulate the possibility of reframing human smuggling, shifting the focus from the mythified smugglers to the series of social interactions and sensorial experiences that often facilitated as demonstrations of care and solidarity ultimately lead to the mobility, albeit precarious, of irregular migrants. Through a critical engagement with the concept of intersectionality I explore how smuggling—as one of multiple irregular migration strategies—can be unpacked as constituting much more than the quintessential predatory practice of late modernity performed by criminal smugglers preying on powerless victims, to be instead acknowledged as an alternative, contradictory, highly complex if often precarious path to mobility and safety in and from the margins.

2017 ◽  
Vol 5 (1) ◽  
pp. 9-27 ◽  
Author(s):  
Gabriella Sanchez

Current representations of large movements of migrants and asylum seekers have become part of the global consciousness. Media viewers are bombarded with images of people from the global south riding atop of trains, holding on to dinghies, arriving at refugee camps, crawling beneath wire fences or being rescued after being stranded in the ocean or the desert for days. Images of gruesome scenes of death in the Mediterranean or the Arizona or Sahara deserts reveal the inherent risks of irregular migration, as bodies are pulled out of the water or corpses are recovered, bagged, and disposed of, their identities remaining forever unknown. Together, these images communicate a powerful, unbearable feeling of despair and crisis. Around the world, many of these tragedies are attributed to the actions of migrant smugglers, who are almost monolithically depicted as men from the Global South organized in webs of organized criminals whose transnational reach allows them to prey on migrants and asylum seekers' vulnerabilities. Smugglers are described as callous, greedy, and violent. Reports on efforts to contain their influence and strength are also abundant in official narratives of border and migration control. The risks inherent to clandestine journeys and the violence people face during these transits must not be denied. Many smugglers do take advantage of the naivetέ and helplessness of migrants, refugees, and asylum seekers, stripping them of their valuables and abandoning them to their fate during their journeys. Yet, as those working directly with migrants and asylum seekers in transit can attest, the relationships that emerge between smugglers and those who rely on their services are much more complex, and quite often, significantly less heinous than what media and law enforcement suggest. The visibility of contemporary, large migration movements has driven much research on migrants' clandestine journeys and their human rights implications. However, the social contexts that shape said journeys and their facilitation have not been much explored by researchers (Achilli 2015). In other words, the efforts carried out by migrants, asylum seekers, and their families and friends to access safe passage have hardly been the target of scholarly analysis, and are often obscured by the more graphic narratives of victimization and crime. In short, knowledge on the ways migrants, asylum seekers, and their communities conceive, define, and mobilize mechanisms for irregular or clandestine migration is limited at best. The dichotomist script of smugglers as predators and migrants and asylum seekers as victims that dominates narratives of clandestine migration has often obscured the perspectives of those who rely on smugglers for their mobility. This has not only silenced migrants and asylum seekers' efforts to reach safety, but also the collective knowledge their communities use to secure their mobility amid increased border militarization and migration controls. This paper provides an overview of contemporary, empirical scholarship on clandestine migration facilitation. It then argues that the processes leading to clandestine or irregular migration are not merely the domain of criminal groups. Rather, they also involve a series of complex mechanisms of protection crafted within migrant and refugee communities as attempts to reduce the vulnerabilities known to be inherent to clandestine journeys. Both criminal and less nefarious efforts are shaped by and in response to enforcement measures worldwide on the part of nation-states to control migration flows. Devised within migrant and refugee communities, and mobilized formally and informally among their members, strategies to facilitate clandestine or irregular migration constitute a system of human security rooted in generations-long, historical notions of solidarity, tradition, reciprocity, and affect (Khosravi 2010). Yet amid concerns over national and border security, and the reemergence of nationalism, said strategies have become increasingly stigmatized, traveling clandestinely being perceived as an inherently — and uniquely — criminal activity. This contribution constitutes an attempt to critically rethink the framework present in everyday narratives of irregular migration facilitation. It is a call to incorporate into current protection dialogs the perceptions of those who rely on criminalized migration mechanisms to fulfill mobility goals, and in so doing, articulate and inform solutions towards promoting safe and dignifying journeys for all migrants and asylum seekers in transit.


Author(s):  
Antje Missbach

Abstract Asylum seekers and refugees currently living in Indonesia tend to see Indonesia as a transit rather than a destination country, despite the fact that their stays are increasing in length. Based on contact with Muhamad (not his real name), a young refugee from Iran currently residing in Indonesia whose adjustment and development I observed over four years, I illustrate the changing priorities in his decision-making, the constant flux of circumstances and context, and the extreme complexity of primary and secondary factors that come into play in planning for the future. Combining a macro perspective with a case study, in which I present excerpts from several life-story interviews, helps to exemplify these generic migratory challenges and distil a range of relevant parameters that influence the decision-making of asylum seekers and refugees in transit. A (self-)critical reflection on ethical and methodological challenges underpins my analysis and argument, not least because politicians and policymakers are increasingly interested in influencing migratory decision-making processes to gain political advantage. Of particular interest in my analysis is the role of Australia’s deterrence policies in asylum seekers’ decision-making. Despite the ethical challenges associated with studying migratory decision-making—as public knowledge of migration strategies can also suppress aspirations of mobility—I argue for more in-depth and longitudinal research. At the very least, this is because more intensive, yet considerate studies of decision-making will help us to take seriously the migratory aspirations of people with limited choices.


2020 ◽  
Vol 39 (2) ◽  
pp. 123-152
Author(s):  
Flavia Patanè ◽  
Maarten P Bolhuis ◽  
Joris van Wijk ◽  
Helena Kreiensiek

Abstract States increasingly prosecute irregular migrants – asylum-seekers included – for their (alleged) involvement in human smuggling during their own migration journey. Based on a literature review and interviews with lawyers, prosecutors, judges, and migrants on Sicily, this article provides insight into the nature and scale of this phenomenon in Italy and discusses the effects of criminal prosecution on these migrants’ asylum procedures. From 2015–2018, as a standard operating procedure, roughly 1,300 “captains” and navigators – scafisti (literally: smugglers by boat) – of small dinghies with migrants arriving in Italy have been arrested for suspicion of “aiding clandestine (or irregular) immigration”. Most scafisti are migrants themselves and there are strong indications that they were forced to steer or navigate the boat. These prosecuted migrants face many difficulties in proving duress and are often inadequately advised about the consequences of a criminal conviction on their subsequent immigration procedures. After a conviction, as well as after an acquittal, they are often excluded from official reception centres and have difficulties accessing asylum procedures. When they manage to apply for asylum, they will be denied international protection if they have been convicted. When they cannot be expelled, they may end up in a legal limbo, having to rely on a temporary humanitarian status with strict limitations.


2016 ◽  
Vol 54 ◽  
pp. 9-32 ◽  
Author(s):  
Nergis Canefe

AbstractIn the context of the series of civil wars that have struck the Middle East since the 1980s, the politico-economic changes in the post-Soviet geography of Eastern Europe and the Russian states, and the continuous turmoil in those parts of Africa and Asia where access to Turkish soil has been possible, Turkey emerged as a regional hub for receiving continuous flows of forced migration. As suggested by ample evidence in recent work on migration flows into Turkey, many of these “irregular migrants,” “stateless peoples,” or “asylum seekers” eventually become continuously employed under very unstable circumstances, thus fitting into the definition of the “precariat” or precarious proletariat. This paper examines the context within which such pervasive precarity takes root, directly affecting vulnerable groups such as the Syrian forced migrants arriving in Turkey in successive waves. The marked qualities of the Syrian case in terms of social precarity, combined with the degrees of disenfranchisement and economically precarious conditions for survival, indicates an institutionalized paradigm shift in the Turkish state’s management of irregular migration.


Author(s):  
Sanja Milivojević

This chapter looks at the intersection of race, gender, and migration in the Western Balkans. Immobilizing mobile bodies from the Global South has increasingly been the focus of criminological inquiry. Such inquiry, however, has largely excluded the Western Balkans. A difficult place to research, comprising countries of the former Yugoslavia and Albania, the region is the second-largest route for irregular migrants in Europe (Frontex 2016). Indeed, EU expansion and global developments such as wars in Syria, Afghanistan, and Iraq have had a major impact on mobility and migration in the region. The chapter outlines racialized hierarchies in play in contemporary border policing in the region, and how these racialized and gendered practices target racially different Others and women irregular migrants and asylum seekers. Finally, this chapter maps the impact of such practices and calls for a shift in knowledge production in documenting and addressing such discriminatory practices.


2021 ◽  
Author(s):  
Annalisa Morticelli

The book addresses the difficult issue of irregular migration in the European Union, through a juridical reconstruction of the phenomenon starting from its origins. The interesting aspect is the understanding part between Italy and Germany, to understand the phenomenon in two different member countries, in order to grasp the main critical issues and identify virtuous behaviors in order to create a system that is as homogenous as possible at the level of the European Union. The researches were carried out in Italy and in Germany above all, through the analysis of legislative documents and the doctrine on the subject.


2020 ◽  
pp. 309-326
Author(s):  
Cathryn Costello

This chapter provides powerful arguments against the criminalization of irregular migration. It does so by testing the extensive criminalization of irregular migrants against standard liberal principles of criminalization. The chapter argues that it is very difficult to identify any direct wrongs or harms to others that arise in virtue of ‘irregular’ migration. Furthermore, a malum prohibitum offence cannot be justified. Against these weak arguments in favour of criminalization, this chapter identifies compelling reasons against criminalization. Criminalization leads to further criminalization, which ultimately undermines both migrants’ and local workers’ fundamental rights. It also blocks discussion of one particularly worker-protective regulatory response to irregular migration, namely regularization. In truth, the criminalization of migrants represents a context where there has been a decisive rupture with liberal principles of criminalization.


2020 ◽  
pp. 109-120
Author(s):  
Martina Heeren ◽  
Lutz Wittmann ◽  
Ulrike Ehlert ◽  
Ulrich Schnyder ◽  
Thomas Maier ◽  
...  

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