STRUCTURAL HARM AND THE LIVES OF UNDOCUMENTED MIGRANTS By Sonja Bjaaland, Mennesker i Limbo
Mennesker i Limbo (People in Limbo) is an organization working for the rights of undocumented migrants.
WHO ARE THE UNDOCUMENTED MIGRANTS? Rejected asylum seekers Overstayers - their visum or residency permits have expired or been withdrawn Never been registered - economic migrants, victims of trafficking
Difficult group to study Uncertain numbers. Estimate of 5000-20000 men, women and children Most studies have recruited from service providers especially the Health Center for Undocumented Migrants (Helsesenteret for papirløse migranter)
Most come from countries characterized by conflict, war and authoritarian regimes and most have experienced violence.
WHY DO THEY STAY? «I don t want to leave my children.» «I don t have anyone in my country of origin.» «I fear for my safety if I return.» «I am stateless.» «I don t have the strength to start over.»
CARROTS AND STICKS People without residency permits are obliged to leave the country. The authorities have a range of measures at their disposal (carrots and sticks) in order to achieve these ends.
«STICKS» OVER «CARROTS» Patterns in funding over the past few years show that the government prioritizes sticks over carrots.
«STICKS»: Arrest, detainment and forcible return. Keeping financial aid below the poverty line. Limiting access to regular work. Limiting access to regular housing. Limiting access to health care.
ARREST, DETAINMENT AND FORCIBLE RETURN Identity checks - racial profiling Forced detention - including children Up to 1,5 years without proper sentencing Criticized by Sivilombudsmannen Unmonitored forced returns
FINANCIAL AID BELOW THE POVERTY LINE Limited access to social welfare. Those living in the asylum camps receive 1828kr pr month for food, medicine, toiletries, clothes, transportation etc. According to the institute for consumer research (SIFO) an adult s monthly expenses for just food are estimated to be 2240kr/month for women and 2790kr/month for men.
LIMITING ACCESS TO REGULAR WORK Poverty Marginalization Dependency Vulnerability to abuse Health issues
LIMITING ACCESS TO REGULAR HOUSING Homelessness Dependency on others Instability - frequent moving Vulnerability to abuse
LIMITING ACCESS TO HEALTH CARE Informal and formal restrictions Necessary health care that can not wait Lack of right to a general practitioner («fastlege») Very limited financial support for health expenses - none for medicine Irresponsible and indefensible health care when the patient only has the right to parts of the treatment process (f.ex. diabetes) Breach of human rights and health care workers ethical guidelines
SOCIAL STRUCTURES - POLICIES, LAWS ETC. - RESULT IN: Poverty (90%) Homelessness Vulnerability to abuse Marginalization Stigmatization Health problems Destruction of a sense of self worth IN SHORT, HUMAN SUFFERING
Legal violence as: «Instances in which laws and their implementation give rise to practices that harm individuals physically, economically, psychologically, or emotionally.» - Abrego and Menjívar (2011:11)
MEASURES, LAWS AND INSTITUTIONAL PRACTICE AS «NATURAL CONSEQUENCES» OF VALUES AND BELIEFS
UNDOCUMENTED MIGRANTS AS «OTHER» «Criminals» «Parasites» «Different» «Undeserving»
«The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.» Art 2, The International Covenant on Economic, Social and Cultural Rights
References: Abrego, L.J. and Menjívar, C. (2011). «Immigrant Latina Mothers as Targets of Legal Violence.» International Journal of Sociology of the Family 37:9 26. European Network to Reduce Vulnerabilities in Health (2016). International Network 2016 Observatory Report. Access to Health Care for People Facing Vulnerabilities in Health in 31 Cities and 12 Countries. Medicine de Monde, November 2016. Rylko-Bauer, B. & Farmer, P. (2015). Structural Violence, Poverty and Social Suffering. Brady, D. & Burton, L. M. (Eds.): The Oxford Handbook of the Social Science of Poverty. Gasana, F. (2012) Irregular Migrants Structural Vulnerability and Survival Strategies: A Case Study in the Bergen Area. Uni Rokkan Center. Report 5-2012. Myhrvold, T. og Småstuen, M. (2017). The Mental Health Care Needs of Undocumented Migrants: an Exploratory Analysis of Psychological Distress and Living Conditions among Undocumented Migrants in Norway. Journal of Clinical Nursing. Vol: 26. Øien, C. og Sønsterudbråten, S. (2011). No Way In, No Way Out? A study of living conditions of irregular migrants in Norway. Fafo rapport 2011:03.