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Ethical issues of justice and human rights are central to countries emerging from conflict. Yet involving women in transitional justice processes rarely is articulated in ethical terms. To make a case for an ethical commitment to improving women’s participation in these processes, the paper begins by exploring why transitional justice strategies should bother with gender. Women and men often experience conflict and injustices differently which may require different responses to redress harms suffered. Timor-Leste is used as a case study. The paper explores whether hybrid traditional and formal justice systems can address women’s justice claims in principle and specifically, when applied to Timor-Leste. The paper maintains that customary justice practices can be combined with conventional ones, but only when both practices adhere to international human rights conventions, which rarely happens where patriarchal practices are entrenched. The conclusion addresses what might be done to create gender-responsive justice systems given that they are crucial in building environments that are conducive to sustainable peace and security.
This paper explores political engagement by Guatemalans who seasonally migrate to Canada as contracted agricultural workers. Since 2003, an ever-increasing number of Guatemalans have pursued economic opportunities in Canadian fields and greenhouses as participants in a labour migration scheme brokered by the International Organization for Migration (IOM) called the Temporary Agricultural Workers to Canada (TAWC) Project. While some describe this labour migration as a win-win situation for employers and migrant workers, for too many of these migrants, work in Canada has demanded sacrifices and losses, not the least of which of their human rights and dignity at the hands of employers and administrators of the TAWC Project. While there is a great deal at stake for these migrants should they denounce mistreatment, given the climate of fear created by the employer-driven nature of the TAWC project, a growing number of them have been pushed to do so. With the support of allies that encourage political empowerment of migrant workers, black-listed Guatemalans have formed a political advocacy group - Asociación de Guatemaltecos Unidos por Nuestros Derechos (AGUND) - aimed at fighting for the realization of their rights and redressing cases of wrongdoing. Based on workers’ testimonies and other institutional interviews, this paper outlines the difficulties workers have experienced as labour migrants to Canada, the context of vulnerability that largely impedes them from denouncing mistreatment, and the development and activities of AGUND. Informed by literature on political organizing, it also identifies the factors that have both impeded and encouraged political activity on the part of these disenfranchised yet determined Guatemalan workers.
The European Union is currently challenged by right-wing populism and economic stress. To understand the nature of these challenges, we need to take an interdisciplinary approach in which empirical studies of politics are combined with studies of the normative implications of European policy-making. To this end, I draw attention to the right to free movement, which is pivotal both for European politics and liberal political philosophy. I show that even though transnational rights, such as the free movement for people, products and money, are normatively sound and desirable, enhancement of free movement may challenge the heterogeneity among the national models of rights and societal commitments. The risk is that the national institutions as a political arena face difficulties in coping with current political challenges such as right-wing radicalism, social inequality, environmental regulation, immigration and financial insecurity. On the other hand, I argue that we should be aware that the transnational rights might in some countries enhance human rights, which national parliaments have not been able to accommodate.
Liberals are concerned with the equal moral status of all human beings. This article discusses what flows from this premise for moral cosmopolitans when analysing temporary foreign worker programs for low-skilled workers. Some have hailed these programs as a tool to achieve redistributive global goals. However, I argue that in the example of Live-In-Caregivers in Canada, the morally most problematic aspect is that it provokes vulnerability of individual workers. Once in a situation of vulnerability, important conditions of individual autonomy are jeopardized. Even if these programs provide for redistribution of opportunities on a global scale, the challenge such programs pose to the conditions of autonomy can not outweigh these gains. Instead, they need to be re-assessed and changed to fundamentally express equal moral status of all human beings.
This paper explores the implications of empirical theories of migration for normative accounts of migration and distributive justice. It examines neo-classical economics, world-systems theory, dual labor market theory, and feminist approaches to migration and contends that neo-classical economic theory in isolation provides an inadequate understanding of migration. Other theories provide a fuller account of how national and global economic, political, and social institutions cause and shape migration flows by actively affecting people's opportunity sets in source countries and by admitting people according to social categories such as class and gender. These empirical theories reveal the causal impact of institutions regulating migration and clarify moral obligations frequently overlooked by normative theorists.
The paper examines obligations towards bearers of the right to asylum in circumstances of partial compliance. Who should bear the burdens when a state responsible for assisting bearers of the right to asylum fails to comply with the requirements of justice and unjustly defaults on its responsibilities? Are the complying states obligated to ‘take up the slack’ and assist the bearers of the right to asylum, or are they obligated to bear only their ‘fair share’ of burdens in the global protection of the right to asylum? The paper argues that the complying states with the capacity to assist can have an obligation of justice to assist bearers of the right to asylum when other states unjustly default on their responsibilities.
This article critically discusses the role and place of migrants' rights in the EU’s evolving migration and development policy under the Global Approach to Migration and Mobility (GAMM) pursued by the EU.1 The GAMM, which aims to govern migration flows from outside of the EU more effectively, incorporates the field of migration and development as one of four pillars. Only in November of 2011, however, the human rights of migrants were explicitly acknowledged as a cross-cutting theme within the GAMM, which before paid little attention – not to say neglected – the protection of such rights. This contribution analyses how the linkage between migration and development evolved on the international and European level, highlights the EU’s interests in such a policy, and explains the pitfalls of disregarding the protection of migrants’ rights in this context. The article argues that the ‘development burden’ should not be placed on immigrant populations without guaranteeing their secure legal status in the host countries.
The present contribution defends that remittances should be taken into account and integrated into an ethical framework on migration. This main thesis is two-fold. First, we argue that if a normative approach to migration is to claim practical relevance, it should integrate remittances as a relevant empirical parameter into an ethical framework. The empirical assessment of the scientific evidence available on remittances therefore proves to be extremely important. Secondly, assuming that remittances have to be taken seriously, we consider their positive and negative impacts against two backgrounds. First, we emphasize the increased autonomy of persons who pull themselves and their dependents out of economic hardship. Second, affluent states who enable this process through their labor legislation contribute to the fulfillment of their duty of assistance. In this respect, our thesis is to claim that remittances should be considered as an amplifying factor for normative arguments in favor of a liberalization of labor migration. Remittances stand for a liberal way of fulfilling a responsibility to help, namely through the elimination of obstacles which in turn allow people to support themselves and lead an autonomous life.
Starting from the observation that substantively free migration is impossible in a world where millions lack the resources to move country, this article evaluates two contenders for the second-best alternative. On the face of it, arguments from freedom of association and material inequality appear to commend formally open borders, while those from liberty and equality of opportunity seem to favour a migration lottery. However, the argument from liberty gives us only a presumption in favour of freedom of movement, rather than an equal human right. This is not enough to make a compelling case for a migration lottery. Moreover, the idea that equality of opportunity requires a migration lottery rests on the belief that this will facilitate self-realisation. Yet it is free movement which better promotes self-realisation. Therefore, it is concluded that the case for a migration lottery is ultimately unpersuasive.