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Kinopolitics: The Politics of Movement
Kinopolitics: The Politics of Movement
In his book, "The Figure of the Migrant" author Thomas Nail discusses his concept of Kinopolitics, the politics of movement. Nail places emphasis on the fact that society is not static, but ever moving and changing. Despite this, our political and societal framework operates as if this is not the case: it operates in a way that ignores and disapproves of movement. Nail discusses how societies change and are shaped over time by the very process that modern-day societies try to mitigate: migration. The movement of people in and out of various groups is what has shaped societies. Now, in world that discourages movement across borders, states enforce stringent immigration policies. These laws focused on immigration inadvertently criminalize migrants. This criminalization of migration is cyclical: laws are created, laws are broken (through the simple act of migration), "crime " increases, more laws are created to combat said "crime" and so on and so forth.
"This is a fascinating history that reveals the circular dictum of all juridical regimes: more laws produce more crime, and more crime requires more laws."
Thomas Nail, from "Kinopolitics and the Figure of the Migrant: An Interview with Thomas Nail" by Thomas Nail and Zachary Thomas Settle
The Future Protection of Migrant Populations in the US and Abroad
The Future Protection of Migrant Populations in the US and Abroad
Public Perception and Social Identity Theory
Public Perception and Social Identity Theory
“While there is increasing support for some refugees in the form of temporary citizenship, funding, etc., there is a huge disparity between those who are in the “in-group” and those in the “out-group”. Social identity theory plays a large part in how refugees are accepted. In order for equitable treatment of refugees to exist, our world must redefine and reshape the social constructs of our own societal groupings. Society as a whole needs to discard preconceived notions around the refugee archetype while reevaluating the perceptions surrounding refugees in order to treat them with empathy, regardless of societal groupings.”
From page 20 of "Examination of the Syrian and Ukrainian Refugee Crises: What Makes a “Worthy” Refugee?" by Kristen Monroe, for JHR 505: Migration, Asylum & Refugees. Read the full piece here.
The Palermo Protocol, Non-Criminalization, and a Survivor-Centered Approach
The Palermo Protocol, Non-Criminalization, and a Survivor-Centered Approach
The Protocol:
The Protocol:
“On November 15, 2000 the The United Nations General Assembly met in Palermo, Italy to adopt the Convention against Transnational Organized Crime (UNTOC). The purpose of the convention was to address international crime on the global stage and “promote cooperation to prevent and combat transnational organized crime more effectively” (UNODC, n.d.-b). This convention was supplemented by three following protocols: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, the Protocol against the Smuggling of Migrants by Land, Sea and Air, and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition (UNODC, n.d.-b). Of the three protocols of the UNTOC, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children became widely known as the Palermo Protocol.”
From page 3 of "Examination of the Palermo Protocol: Commitment, Compliance, and a Continued Progression to Combat Human Trafficking" by Kristen Monroe, for JHR 504: International Law and Organizations. Read the full piece here.
Its Weakness:
Its Weakness:
"The greatest weakness of the Palermo Protocol is its weak stance on supporting and assisting victims of human trafficking. Though the protocol outlines victim services to protect and assist human trafficking victims, the verbage used throughout the document is not explicit (Hyland, 2001, p. 31). Article 6, Paragraph 3 of the protocol states, “Each State Party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons…”. The wording “shall consider” and similar phrases occur several times throughout the document, establishing a set of guidelines and principles, rather than hard, enforceable requirements. There is no guarantee on what services victims will receive and when they will receive them. Additionally, the protocol does not ensure international safeguards to protect victims from events such as: prosecution of crimes they committed while being trafficked, unjust deportation (even prior to their testimonies against their traffickers), or withholding of services such as reintegration assistance (Hyland, 2001, p. 31)."
From page 4 of "Examination of the Palermo Protocol: Commitment, Compliance, and a Continued Progression to Combat Human Trafficking" by Kristen Monroe, for JHR 504: International Law and Organizations. Read the full piece here.
Survivors of human trafficking are at risk of being criminalized due to actions undergone during their time trafficked. The criminalization of survivors leads to lack of justice and victim protection, as well as a lack of victim participation in convicting traffickers (Schloenhardt and Markey-Towler 16).
"Victims who have committed status offenses, such as lack of documentation or falsified documents (Schloenhardt and Markey-Towler 13), are at risk of deportation because of inconsistent screening by law enforcement (TIP 299).” From page 15 of "Human Trafficking in Ireland: Policy Evaluation and Recommendation" by Kristen Monroe, for JHR 503: Gender-Based Violence and Sex Trafficking. Read the full piece here.
Currently, international law places emphasis on the prosecution and conviction of traffickers over that of the wellbeing of survivors. Without a strong international survivor-centered approach, survivors will continue to be at risk of injustices following trafficking.
Policy Reform and the State's Responsibility
Policy Reform and the State's Responsibility
The concept of non-refoulement seeks to protect refugees from being returned to the country of origin "where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion” (Krever, p. 590). This concept is a central idea to the 1951 Convention Relating to the Status of Refugees. Though there is technically no legal obligation for states to welcome asylum seekers, there is an expectation for states to practice non-refoulement. By extension, this means the host countries have an obligation to ensure the safety and wellbeing of migrant populations that reach their soil. It is also the state's responsibility to ensure that its borders are safe for migrant populations. It is unethical for states to outsource immigration enforcement to that of a hostile environment at their borders.
In order to protect the lives of migrants, the lives of human beings, states have an obligation to amend immigration policies to adhere to ethical standards and to align with commitments under international treaties.
Opportunity for Future Research
Opportunity for Future Research
The landscape of power inequity between that of western powers and migrants of the Global South is one that aids the trafficking of persons. In order to help these populations, further research on the relationship between immigration policy and perceptions and that of human trafficking is needed. Though there is viable research surrounding immigration and sex trafficking, there is a staggering lack of research focused on labor trafficking of migrants. Academics and policymakers alike have a responsibility to further explore this relationship in order to end the trafficking of migrant populations.
Mural by Pancho Pescador + 67 Youth
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