Populism and Migration: The Need for a Principled
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Populism and Migration: The Need for a Principled Response to Migration Challenges François Crépeau Hans Tamar Oppenheimer Professor of Public International Law, McGill University Director, McGill Centre for Human Rights and Legal
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01
Populism and Migration: The Need for a Principled Response to Migration Challenges François Crépeau
Hans & Tamar Oppenheimer Professor of Public International Law, McGill University
Director, McGill Centre for Human Rights and Legal Pluralism
United Nations Special Rapporteur on the Human Rights of Migrants
WTI Bern, 22 June 2017<br>
Hans & Tamar Oppenheimer Professor of Public International Law, McGill University
Director, McGill Centre for Human Rights and Legal Pluralism
United Nations Special Rapporteur on the Human Rights of Migrants
WTI Bern, 22 June 2017<br>
02
A definition of populism (…) a loose political ideology emphasizing faith in the ‘decent’, ‘ordinary’ or ‘little’ people over the corrupt political and corporate establishment, nationalist interests (Us) over cosmopolitanism cooperation across borders (Them), protectionist policies regulating the movement of trade, people and finance over global free trade, xenophobia over tolerance of multiculturalism, strong individual leadership over diplomatic bargaining and flexible negotiations, isolationism in foreign and defense policies over international engagement, traditional sex roles for women and men over more fluid gender identities and roles, and traditional over progressive values.
Ronald Inglehard & Pippa Norris (2016) “Trump, Brexit, and the Rise of Populism: Economic Have-Nots and Cultural Backlash” Faculty Research Working Paper Series John F. Kennedy School of Government https://research.hks.harvard.edu/publications/workingpapers/Index.aspx<br>
Ronald Inglehard & Pippa Norris (2016) “Trump, Brexit, and the Rise of Populism: Economic Have-Nots and Cultural Backlash” Faculty Research Working Paper Series John F. Kennedy School of Government https://research.hks.harvard.edu/publications/workingpapers/Index.aspx<br>
03
A definition of populism The cultural cleavage divides Populism from Cosmopolitan Liberalism, which favors the free flow of people, ideas, capital, and cultures across national borders, and pluralistic forms of governance based on respect for the protection of minority rights and checks and balances in decision-making processes.
Ronald Inglehard & Pippa Norris (2016) “Trump, Brexit, and the Rise of Populism: Economic Have-Nots and Cultural Backlash” Faculty Research Working Paper Series John F. Kennedy School of Government https://research.hks.harvard.edu/publications/workingpapers/Index.aspx<br>
Ronald Inglehard & Pippa Norris (2016) “Trump, Brexit, and the Rise of Populism: Economic Have-Nots and Cultural Backlash” Faculty Research Working Paper Series John F. Kennedy School of Government https://research.hks.harvard.edu/publications/workingpapers/Index.aspx<br>
04
Economic Inequality Perspective Profound changes transforming the workforce and society in post-industrial economies
Rising economic insecurity and social deprivation among the left-behinds fuel popular resentment against the political class
The less secure strata of society : low-waged unskilled workers, long-term unemployed, households dependent on shrinking social benefits, residents of public housing, single-parent families, and poorer white populations living in inner-city areas with concentrations of immigrants
Susceptible to the anti-establishment, nativist, and xenophobic scare-mongering of the populist discourse, blaming ‘Them’ for stripping prosperity, job opportunities, and public services from ‘Us’<br>
Rising economic insecurity and social deprivation among the left-behinds fuel popular resentment against the political class
The less secure strata of society : low-waged unskilled workers, long-term unemployed, households dependent on shrinking social benefits, residents of public housing, single-parent families, and poorer white populations living in inner-city areas with concentrations of immigrants
Susceptible to the anti-establishment, nativist, and xenophobic scare-mongering of the populist discourse, blaming ‘Them’ for stripping prosperity, job opportunities, and public services from ‘Us’<br>
05
Cultural Backlash Perspective Not a purely economic phenomenon
A reaction against progressive cultural change, as they:
Sense decline
Reject the rising tide of progressive values
Resent the displacement of familiar traditional norms
Sectors once culturally predominant in Western Europe react angrily to the erosion of their privileges and status
A counter-revolutionary retro backlash, especially among the older generation, white men, and less educated sectors: “rights revolution”<br>
A reaction against progressive cultural change, as they:
Sense decline
Reject the rising tide of progressive values
Resent the displacement of familiar traditional norms
Sectors once culturally predominant in Western Europe react angrily to the erosion of their privileges and status
A counter-revolutionary retro backlash, especially among the older generation, white men, and less educated sectors: “rights revolution”<br>
06
A Challenge to Democratic Governance Majority rule is supreme: André Laignel
Rejection of accountability to independent institutions challenging the majority decision:
Courts and tribunals, NHRIs, Ombudspersons, IOs, CSOs…
Contest the legitimacy of HR: individual can challenge majority
Rejection of the post-war democratic architecture based on three pillars:
Political representation
Human Rights
Rule of Law
Especially, denunciation of any criticism of how authorities treat migrants
Migrants’ human rights are dismissed
Minister Jason Kenney<br>
Rejection of accountability to independent institutions challenging the majority decision:
Courts and tribunals, NHRIs, Ombudspersons, IOs, CSOs…
Contest the legitimacy of HR: individual can challenge majority
Rejection of the post-war democratic architecture based on three pillars:
Political representation
Human Rights
Rule of Law
Especially, denunciation of any criticism of how authorities treat migrants
Migrants’ human rights are dismissed
Minister Jason Kenney<br>
07
Democracies cannot “represent” foreigners Migrants do not vote, rarely protest publicly, complain little
Cannot reward or punish politicians: politically inexistent
Migrants fear detection, detention, deportation: going public is not an option
Migrants’ main goal is the success of the migration project: survive and send money home: they “move on”
Structural limit of electoral democracies:
like the poor in the 19th C.
Electoral systems create no incentive for protecting migrants’ rights:
Voting rights do change narrative
Women, LGBTIQ, Aboriginals, persons with disabilities…
Defending migrants’ rights is seen as political “suicide”
Strategic advisers
Alain Juppé<br>
Cannot reward or punish politicians: politically inexistent
Migrants fear detection, detention, deportation: going public is not an option
Migrants’ main goal is the success of the migration project: survive and send money home: they “move on”
Structural limit of electoral democracies:
like the poor in the 19th C.
Electoral systems create no incentive for protecting migrants’ rights:
Voting rights do change narrative
Women, LGBTIQ, Aboriginals, persons with disabilities…
Defending migrants’ rights is seen as political “suicide”
Strategic advisers
Alain Juppé<br>
08
Irresponsible political discourses Absence of political responsibility for anti-immigrant discourse (except partly US)
Nationalist populist discourse based on constructed and uncontradicted myths : stereotypes, fantasies, threats…
Migrants don’t increase: unemployment, crime, illnesses, insecurity…
Populist programs: protecting national identity against “them”
Anti-immigration discourses normalised
Absence of push-back from a constituency
Nationalist populist discourse focused on “identity” issue
Words matter as language conveys meaning:
Always portrayed as “illegal”, not “worker” or “student” or “child”…
“Liquid” language: flows, waves, tides, floods, trickling, streaming, swelling, pouring, seeping, pooling, drowning, containing…
Anonymous threatening mass: no individuality, dehumanising<br>
Nationalist populist discourse based on constructed and uncontradicted myths : stereotypes, fantasies, threats…
Migrants don’t increase: unemployment, crime, illnesses, insecurity…
Populist programs: protecting national identity against “them”
Anti-immigration discourses normalised
Absence of push-back from a constituency
Nationalist populist discourse focused on “identity” issue
Words matter as language conveys meaning:
Always portrayed as “illegal”, not “worker” or “student” or “child”…
“Liquid” language: flows, waves, tides, floods, trickling, streaming, swelling, pouring, seeping, pooling, drowning, containing…
Anonymous threatening mass: no individuality, dehumanising<br>
09
Migrants’ precariousness is constructed Migrants come because there’s a labour market (underground or regular): unacknowledged pull factor
Competitiveness in agriculture, construction, hospitality, care-giving, extraction, fisheries…
Undocumented migrants:
Violation of administrative regulations: not a crime
Trend: criminalisation: securitisation, detention, externalisation
Undocumented migration is policy-driven:
Globalisation: delocalisation of working conditions
Repression pushes underground, increasing vulnerability/pliability
From “zero-tolerance” to “harm-reduction”
Temporary migrant workers:
Policies shape a dangerous employment relationship: sponsorship, unions
Objective: extracting maximum labour for minimum cost
States can change policy framework: what incentives?<br>
Competitiveness in agriculture, construction, hospitality, care-giving, extraction, fisheries…
Undocumented migrants:
Violation of administrative regulations: not a crime
Trend: criminalisation: securitisation, detention, externalisation
Undocumented migration is policy-driven:
Globalisation: delocalisation of working conditions
Repression pushes underground, increasing vulnerability/pliability
From “zero-tolerance” to “harm-reduction”
Temporary migrant workers:
Policies shape a dangerous employment relationship: sponsorship, unions
Objective: extracting maximum labour for minimum cost
States can change policy framework: what incentives?<br>
10
Human rights speech has little traction J. Haidt, The Righteous Mind
Moral decision: emotion rules over reason
Moral decision criteria : freedom, fairness, care, authority, loyalty, sanctity
Division between liberals et conservatives
Conservative issues: security, citizenship, charity
HR discourse is typically liberal: conservatives are unconcerned
Dialogue of the deaf on undocumented migration:
Liberals: “they live among us”
Conservatives: “they broke the law”
We don’t care about people we don’t relate to: invisibility breeds exclusion<br>
Moral decision: emotion rules over reason
Moral decision criteria : freedom, fairness, care, authority, loyalty, sanctity
Division between liberals et conservatives
Conservative issues: security, citizenship, charity
HR discourse is typically liberal: conservatives are unconcerned
Dialogue of the deaf on undocumented migration:
Liberals: “they live among us”
Conservatives: “they broke the law”
We don’t care about people we don’t relate to: invisibility breeds exclusion<br>
11
Migrants need empowerment As long as migrants won’t vote and participate in the public debates, fighting fantasies will be difficult:
See how women still fight sexist stereotypes, with half the vote
Only the voice of migrants themselves could undo this stalemate:
Need to speak up in media, public debates, ultimately on political stage
The discussion must become personal: citizens need to know a migrant
HR are best defended by holders: women, Aboriginals, LGBTIs…
Liberal agenda: EMPOWERMENT of migrants
Idea for future: voting rights for long-term residents (5Y)<br>
See how women still fight sexist stereotypes, with half the vote
Only the voice of migrants themselves could undo this stalemate:
Need to speak up in media, public debates, ultimately on political stage
The discussion must become personal: citizens need to know a migrant
HR are best defended by holders: women, Aboriginals, LGBTIs…
Liberal agenda: EMPOWERMENT of migrants
Idea for future: voting rights for long-term residents (5Y)<br>
12
Empowerment means having a « voice » Outside political stage, migrants’ voice must be carried by:
Independent institutions: courts and tribunals, NHRIs, ombudspersons, ADR…
Civil society: CSOs, churches, unions, employers…
International organisations…
Public services (labour inspectors, social workers, school directors, health care providers, access to justice, local police…): “Firewalls”, “All-of-Government” approaches
Cities: “Local citizenship”: NYC’s “all New Yorkers”<br>
Independent institutions: courts and tribunals, NHRIs, ombudspersons, ADR…
Civil society: CSOs, churches, unions, employers…
International organisations…
Public services (labour inspectors, social workers, school directors, health care providers, access to justice, local police…): “Firewalls”, “All-of-Government” approaches
Cities: “Local citizenship”: NYC’s “all New Yorkers”<br>
13
Towards a Global Compact on Migration Restricting mobility is part of the problem, not the solution
“Fighting the smugglers”: market results from barriers to mobility
Repression entrenches underground markets, subsidises smuggling operations
States need to take over the mobility market and offer regulated mobility solutions: visa facilitation and liberalisation:
Underground labour and smuggling markets reduced
Migrants can better organise and defend their rights
Accountability mechanisms: courts, tribunals, NHRIs, ombudspersons, labour inspectors, “firewalls”…
Better data collected and analysed
Costs reduced and investments redirected
Public discourse can focus on benefits of migration for all
Long term strategic vision and planning of mobility policies<br>
“Fighting the smugglers”: market results from barriers to mobility
Repression entrenches underground markets, subsidises smuggling operations
States need to take over the mobility market and offer regulated mobility solutions: visa facilitation and liberalisation:
Underground labour and smuggling markets reduced
Migrants can better organise and defend their rights
Accountability mechanisms: courts, tribunals, NHRIs, ombudspersons, labour inspectors, “firewalls”…
Better data collected and analysed
Costs reduced and investments redirected
Public discourse can focus on benefits of migration for all
Long term strategic vision and planning of mobility policies<br>
14
Agenda 2035 on Facilitating Human Mobility 1. Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of status or skill level
2. Protect the labour rights and human rights of all workers, including migrant workers, regardless of status and circumstances
3. Respect human rights in border control policies and practices and establish accountability mechanisms
4. End detention as a border management and deterrence tool against migrants
5. Provide effective access to justice for all migrants
6. Ensure easy access for all migrants to basic services, including education and health
7. Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence, and hate speech
8. Increase disaggregated data collection and analysis on migration and mobility<br>
2. Protect the labour rights and human rights of all workers, including migrant workers, regardless of status and circumstances
3. Respect human rights in border control policies and practices and establish accountability mechanisms
4. End detention as a border management and deterrence tool against migrants
5. Provide effective access to justice for all migrants
6. Ensure easy access for all migrants to basic services, including education and health
7. Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence, and hate speech
8. Increase disaggregated data collection and analysis on migration and mobility<br>
15
Conclusion: Anti-immigration populism is rear-guard battle The silver linings show a generational change:
Artists
Business community
Media
CSOs, INGOs
Unions
Courts, tribunals, NHRIs, ombudspersons, healthcare providers
Technology changes
Youth
Migrants: agency, resilience, courage, imagination, grit…
Change in the narrative:
Migrant neither poor victim, nor criminal
Agent of their own future and that of their children<br>
Artists
Business community
Media
CSOs, INGOs
Unions
Courts, tribunals, NHRIs, ombudspersons, healthcare providers
Technology changes
Youth
Migrants: agency, resilience, courage, imagination, grit…
Change in the narrative:
Migrant neither poor victim, nor criminal
Agent of their own future and that of their children<br>