新形势下公民迁徙自由的保护及现实路径

在国际社会和各国宪法中,迁徙自由一直作为一项基本权利得到保护。1982年宪法没有恢复1975年宪法删除的公民迁徙自由条款,我国公民迁徙自由经历了肯定——否定——松动的过程,迁徙自由条款的发展变化是和社会发展状况息息相关的,在社会主义市场经济和城镇化进程的新形势下,保障公民迁徙自由、改革不合理的户籍制度成为越来越紧迫的要求。恢复迁徙自由在宪法中的地位,废除户籍登记条例,制定新的户籍法,为保障公民迁徙自由提供法律保障和制度支撑。     

对我国户籍制度改革价值取向的反思

价值取向规定着户籍制度改革的理性方向和价值认同。城镇化是当前我国户籍制度改革的价值取向。本文通过对公民权利、市场经济、城镇化本身以及改革内生性四个层面的分析 ,认为户籍制度改革的价值取向不应该是城镇化 ,而应该重新界定为人口迁徙的自由。     

Mobility among Pentecostal pastors and migratory “miracles”

Taking into account space and identity in the movements of transnational religious actors, this article is engaged in reframing and reinterpreting experience by investigating the articulation of migratory and religious experiences as expressed by the pastors of four different Brussels-based Pentecostal congregations. The analysis of pastors' narratives, as they reassess the circumstances that brought them from Sub-Saharan Africa or Latin America to Belgium, reveals an interwoven process of geographical shifts and “divine” actions: this offers us an opportunity to consider an implied double process of mobility and religion. On the one hand, we can see how Pentecostalism transforms and subverts their immigrant experience by allowing for an alternate narrative of this experience. On the other hand, we can analyse the effect of the migratory experience on the discourse and religious practices in the new social context, more particularly through the identification of such “Children of God” with missionary duties towards their fellow immigrants. An analysis of the pastors' narratives also offers a particularly relevant opportunity to question the tensions between processes of endogenous identification (missionaries elected by God and working towards the extension of his “kingdom”) and exogenous assignment, repeated associations of otherness and strangeness, and the stigma coupled with pejorative characterizations of the “migrant”.     

Explaining the immigration policy mix: Countries' relative openness to asylum and labour migration

Western democracies have developed complex policies to manage migration flows. Much of the scholarly literature and political discourse assume that countries have become increasingly selective and that they prioritise economic intakes. Despite clear efforts by policymakers to distinguish between refugees and migrant workers, we know surprisingly little about how countries combine different policy dimensions and which factors shape their relative openness to different target groups. In this article, we shed light on how countries combine two of the main admission channels, asylum and labour migration, by introducing the concept of the ‘immigration policy mix’. A comparative analysis of 33 OECD countries between 1980 and 2010 examines the pattern and drivers behind their immigration policy mix: Does the policy mix follow a pattern of convergence, is it subject to political dynamics or is it path dependent? The results reveal that despite a shift in political sympathies from asylum to labour migration, countries' immigration policy mixes have strongly converged into more liberal policies overall. The immigration policy mix primarily reflects governments’ limited room to manoeuvre due to competing political pressures. These insights demonstrate that the immigration policy mix serves to enhance our understanding of countries’ complex regulation of immigration.     

Free and unfree labor in Qing China: Emigration and escape among the bannermen of northeast China, 1789–1909

Though internal migration in China during the Qing era (1644–1911) was mostly unrestricted, the government tightly controlled the movement of peasants who worked state lands in frontier regions and certain other locations. Such peasants accounted for 5–10% of China's population. In the state farms of northeast China, households could move legally only from one place to another within the system. Departure from the system was illegal. In this article, one of the first quantitative studies of migration in late imperial China, we apply discrete-time event-history methods to longitudinal, nominative household register data from six northeast Chinese state farm systems to compare how characteristics of the farm system, village, and household influenced the chances of legal moves and illegal departures. We show that among these state peasants, who were supposedly “unfree,” migration was not uncommon. We also show that the determinants of legal and illegal migration differed substantially. We conclude with a discussion of the implications of these findings for our understanding of migration processes in late imperial China.     

Smuggling and Trafficking in Human Beings: The Phenomenon, The Markets that Drive It and the Organisations that Promote It

This article will define the concepts of smuggling and trafficking in human beings and discuss the difficulty in applying the definition. The magnitude and scope of the problem will be examined as well as its causes. Trafficking in human beings will be analysed as an illegal market, particularly with reference to its relationship with other illegal markets and the involvement of organised crime groups. The phenomenon will be discussed in more depth focusing on countries and regions where projects are currently being implemented under the auspices of the United Nations Global Programme against Trafficking in Human Beings. The discussion closes with an overview of situations which facilitate the practice, and current measures and recommendations to stem the tide of smuggling and trafficking.     

论迁徙自由及其在中国的适用

迁徙自由是《公民权利与政治权利国际公约》所规定的一项基本人权 ,我国于 1998年签署了该公约 ,并从宪法立法角度确认迁徙自由很有必要。我国其他法律在对迁徙自由进行具体规定时 ,应当把维护公民迁徙自由与国家安全、公共秩序、公共卫生道德、他人权利与自由结合起来 ,使迁徙自由得以正确运用。     

On Being Black,Muslim, and a Refugee: Stories of Somalis in Chicago

Abstract

Somali refugees are considered one of the largest African refugee populations in the United States and the fourth largest refugee population globally. Yet, there is limited scholarship on their overall migration paths and the ways in which their intersectional identities may impact their resettlement and integration in the United States. Study findings are from a qualitative study on the migration and integration experiences of 15 Somali Americans in Chicago. Findings illustrate the complexities associated with the Somali refugee narrative and how this population is often positioned at the intersections of anti-Black, anti-Muslim, and anti-refugee racism and discrimination in the United States.     

Governing Domestic Worker Migration in Southeast Asia: Public–Private Partnerships,Regulatory Grey Zones and the Household

ABSTRACT

Focussing on the example of domestic worker migration, this article seeks to explore the regulatory regimes that control the flow of migrants across Southeast Asia. Although at first glance this appears to be a deeply statist regime, the aim of this article is to complicate this picture and to look at the role that private power and authority places in shaping migration governance. The article focusses on three interrelated issues: (i) how states have increasingly come to regulate migration via partnership arrangements with private sector actors; (ii) how these partnership arrangements are emblematic of broader processes of state transformation that take shape within the complex governance practices surrounding domestic worker migration in Southeast Asia; (iii) how a focus on the micro-processes of domestic worker governance (that is, how migrant worker bodies are constructed and disciplined) also highlights the significance of private actors in this aspect of governance.