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OADH 3035 - Human Rights, Freedom of Movement, Migration and Asylum in a Security Context

Type d'enseignement : Seminar

Semester : Spring 2017-2018

Number of hours : 24

Language of tuition : English

Pre-requisite

Basic Knowledge on International Relations theories and security studies is absolutely necessary. A fieldwork experience abroad and some notion of law are appreciated. They will help to follow the course. English compulsory and French (good understanding and reading necessary). Bibliography and documents are in both languages. Lectures are in English, discussions in both languages. English and French- Students can choose to write their book review and paper in one of the two languages.

Course Description

The seminar aims at combining approaches of International Political Sociology with knowledges from European Migration Law and refugee rights, across a reflexion led by academics and high level practitioners who had to manage in very concrete terms situations under which human rights have to be defended within a security context where powerful actors argue of the necessity of their derogations in the name of diverse threats attempting to national or global security and use themselves the rhetoric of protection. In a context of so-called raise of global threats and insecurities, where public institutions refer to terrorism, organized crime, illegal migration, bogus refugees, we will examine specifically the cases in which the operational agencies of the European Union were forced to intervene and their practices, as well as their links with the governments of the EU Member States and Third Parties. How practically applies a policy of the European Union which is officially wanting to reconcile freedom, security and justice., inside the EU, at the borders and abroad? How the agencies for the protection of refugees or fundamental rights can intervene in a context where exceptions and derogations are claimed to be necessary? What are their relations with the diverse NGOS and the different European courts? Have the decisions of the judges an impact on these policies or not? Is it possible to challenge governmental policies on this domain? Objective of the course: To give to the students who are following these thematics a better knowledge of the political and legal strategies that are necessary in the protection of human rights while framing these strategies into a theoretical approach which can be used as a reference point in their future commitments. The bibliography will be available on the website. Some documents quoted will be available via a dropbox regarding copyrights

Teachers

  • GARLICK, Madeline (Head of Unit Policy & Legal Support Unit, Bureau for Europe, UNHCR)
  • GUILD, Elspeth (Professor, Radboud Universiteit Nijmegen)
  • MAKAREMI, Chowra (Chargé de recherche)

Pedagogical format

As a general rule, the two hours will be divided in a first session around the presentation and discussion of the readings, a short break, and a second session Some lectures will be delivered by guest professors : Elspeth Guild and Madeline Garlick (see in the course outline), distributed in a reading of 45 minutes, questions for 15 minutes, a break, and a discussion about the students presentations

Course validation

1- We will be asking the students to choose a book in the compulsory reading list and to write a book review that will be presented orally to the class. The book review needs to be short and sharp (2500 words), the presentation should not exceed 10 min. It will be worth 40% of the final mark. 2- Students will have to choose one session in which they will intervene to present a particular theme involving a research based on primary sources. They will have fifteen minutes to develop, via a presentation (powerpoint or other support), the collection and treatment of these primary sources, and to situate them in regard to the contemporary theoretical debate on security and fundamental rights. The presentation has to be written, taking into account the collective discussion, for the following session. The result has to be a short paper of 3 500 words (excluding bibliography and primary sources themselves) supplementing the presentation and explicitly referring to the questions discussed with the audience. Optionally, if the number of students does not allow each student to have a specific oral presentation they can work collectively by group of two or three; in that case they will share the same mark for the oral presentation, and the final paper, except if they insist to have separate grade for each part of the paper, and sent a collective email signaling it. The oral presentation (30%) and the paper (30%) will account for the other 60% of the mark.

Workload

Reading of articles for each session, search for primary sources and bibliography related to a specific session, book review (40%), organization of the oral presentation supported by a powerpoint, short paper reporting the key elements of the presentation and the discussion (60%)

Required reading

Bigo, D., S. Carrera, Elspeth Guild & Rob Walker., eds.,(2010), Europe's 21st Century Challenge: Delivering Liberty and Security. ed. Series,Bigo, D., S. Carrera, & als.Ashgate: London

Additional required reading

  • Guild, Elspeth, (2009), Security and Migration in the 21st Century. London: Polity. 218
  • Elspeth Guild, Cathryn Costello, Madeline Garlick and Violeta Moreno-Lax, The 2015 Refugee Crisis in the European Union, Centre for European Policy Studies (CEPS) Policy Brief No. 332, September 2015,http://www.ceps.eu/system/files/CEPS%20PB332%20Refugee%20Crisis%20in%20EU_0.pdf
  • Ugelvik, S.v. and B. Hudson, (2012), Justice and Security in the 21st Century : Risks, Rights and the Rule of Law. Routledge studies in liberty and security
  • Bigo, Didier. (2016). “Reflections on Immigration Controls and Free Movement in Europe.” In Constructing and Imagining Labour Migration: Perspectives of Control from Five Continents, edited by Elspeth Guild and Sandra Mantu, 293-307. Routledge, 316 pages