Migration and Human Rights (Second Term) |
This course explores the complex relationships among nationality, citizenship, migration, and human rights. In a world where domestic and international mobility—particularly unauthorized and ‘illegal’ migration—has become a pressing policy and advocacy issue, the notion of universal rights is appealing but rarely resonates with the socio-political realities of contemporary Africa or other regions. Indeed, a focus on universalism often ignores the mechanisms and mindsets that engender and endanger rights. It also presumes a form of legal subjectivity that often poorly reflects the objectives and trajectories of those we—activists, scholars, citizens, and officials—ostensibly seek to protect.
The questions animating our inquiries are the degree to which rights are inherent in human identity and the primary factors that define, promote, protect, or violate the rights of people who move. In seeking answers, this course will address how international human rights doctrines, concepts, conventions, and mechanisms work to create and protect ‘aliens.’ people who have left their countries of origin to work, seek a safe haven, or join family or friends in another country. Towards the end of the course, it will also consider the position of domestic migrants vis a vis access to human rights.
The teaching begins with an historical review of the emergence of ideas of universal rights and the universalisation of the nation-state. It then discusses the international and regional mechanisms outlining the rights of international migrants. The course concludes with an exploration of human rights practice in African cities and towns. This exploration approaches human rights practice from two perspectives. The first re-examines the nature of citizenship and how a history of racialised and class based exclusion resurfaces among local authorities and governing practices. The final section looks at migrant strategies for claiming rights in hostile environments and conceptions of rights around which such groups mobilise.
Zaheera Jinnah is coordinating this course.
