by Thomas R. Wells
The current immigration crisis in Europe has, finally, generated much soul searching among European citizens, as well as a great deal of unfortunate political squabbling among European governments. Yet a great deal of the debate still assumes the centrality of national political concerns when this is, morally speaking, irrelevant.
The right to migrate is a meta-right. As a practical matter, access to human rights, including social and economic rights, depends on governments. Since some governments are uninterested or unable to protect or support human rights, people must be free to move to other states where their access to human rights is acceptable, including such socio-economic rights as a fair market wage for their labour. The very point of the idea of human rights is that human beings do not belong to their states, and what they deserve is not to be determined solely by the benevolence or otherwise of the state they happen to be born into.
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My case goes beyond refugees – those fleeing armed conflict or persecution. But refugees are a good place to start because most sovereign governments have formally acknowledged, with legally binding treaties, that the right to migrate trumps ordinary political concerns. They did so in the aftermath of the ethnic cleansing unleashed by the conclusion of the second world war, and for the kinds of reasons identified by Hannah Arendt in The Origins of Totalitarianism, the awful failure of European states to accept stateless Jewish and other ethnic minority refugees in the 1930s.
When refugees request asylum it must be granted, subject only to checking the basis of their claim. States acknowledge that they cannot refuse asylum merely on the basis of the economic costs or political unpopularity it would impose. The granting of asylum does not fall within the usual logic of statecraft in which a policy is considered from the perspective of the political interests of a governing party, taking into account how it will play to popular prejudices, how it fits with internal party disputes, its consistency with budgetary and other manifesto promises, its influence on the viability of other policies the government wants to pursue, and so on. None of these have standing in the face of the moral emergency of aiding refugees to regain their lives.
As Ban Ki-moon put it, “Refugees have been deprived of their homes, but they must not be deprived of their futures.”
As is clear from the present crisis in and around Europe, and in other parts of the world such as the Andaman Sea, many states are currently failing in their moral – and legal – obligations to refugees. This is often portrayed as an exercise of sovereignty. Actually it is a failure – an inability to govern oneself according to the principles one has laid down.