Lecture 12 - Border Justice: A turn towards Diasporas

Main Theme of “Border Justice: A Turn Towards Diasporas?”

The lecture examines whether focusing on border justice is enough to understand migration justice.

• Or whether we need to move towards diasporas justice, which considers migrants’ ongoing connections across borders.

What is border justice?

Border justice examines whether states exercise their power over borders and migration control in a fair and human-rights-compliant way.

Focusing on:

• entry and exclusion

• asylum access

• border controls

• detention

• pushbacks

• state responsibility

What was the main criticism of European migration policies?

European states and the EU often prioritise deterrence, exclusion, and externalisation instead of creating safe and legal pathways for protection.

• This forces many migrants into irregular journeys.

What is deterrence in migration policy?

Deterrence means making migration more difficult or dangerous in order to discourage people from attempting to enter.

Examples:

• stricter border controls

• detention

• criminalisation of irregular entry

What is externalisation in migration policy?

Externalisation is when states move migration control outside their own territory by cooperating with third countries to prevent migrants from reaching their borders.

• The aim is often to stop migration before legal obligations are triggered.

What are pushbacks? Why are they a border justice issue?

Pushbacks occur when authorities force migrants away from a border without properly assessing their protection needs.

They raise border justice concerns because they may involve:

• denial of asylum procedures

• lack of legal safeguards

• human rights violations

What is the main tension between state sovereignty and refugee/human rights law?

States have a sovereign right to control their borders, but this power is limited by international human rights obligations.

• States can control entry, but they cannot do so in ways that violate fundamental rights

What does the European Convention on Human Rights (ECHR) contribute to border justice?

The ECHR challenges the idea that borders are areas where states have unlimited power.

It requires states to respect human rights even when controlling migration.

Why might border justice be considered limited?

Because it focuses mainly on the moment of crossing the border and may ignore migrants’ lives after arrival.

• Migration is not only about movement; it is also about belonging, identity, and long-term connections.

What is a diaspora?

A diaspora is a community of people living outside their original homeland while maintaining connections to that homeland through:

• culture,

• identity,

• politics,

• or social relationships.

What is diaspora justice?

Diaspora justice examines the rights, identities, and political roles of migrant communities who live across borders.

• It asks how migrants continue to belong and participate beyond the moment of migration.

What is the difference between border justice and diaspora justice?

Border justice asks:
“How are migrants treated when they cross borders?”

Focus:

• entry

• asylum

• border control

• state power

Diaspora justice asks:
“How do migrants continue to live and belong after crossing borders?”

Focus:

• identity

• community

• political participation

• transnational connections

How are border justice and diaspora justice connected?

They examine different stages of the migration experience.

• Border justice focuses on the encounter between migrants and state borders.

• Diaspora justice expands the analysis by recognising that migrants continue to have relationships and responsibilities across countries.

What is transnationalism?

Transnationalism describes how migrants maintain active connections between their country of residence and their country of origin.

Examples:

• sending money home

• political involvement

• cultural connections

• supporting communities abroad

How does diaspora justice challenge traditional refugee law thinking?

Traditional refugee law often views migration as movement from one country to another.

• Diaspora justice argues that migrants do not simply leave one place and join another; they often exist across multiple places and maintain ongoing connections.

How does transitional justice connect to diaspora studies?

Diaspora communities may participate in addressing past conflicts and human rights abuses in their homeland through:

• political advocacy

• supporting victims

• preserving memory

• contributing to reconstruction

What does the lecturer mean by a “turn towards diasporas”?

It means shifting the focus of migration justice from only looking at borders and entry towards understanding migrants as long-term communities with identities and relationships that cross borders.

Explain the movement from border justice to diaspora justice.

Border justice focuses on whether states treat migrants fairly when controlling borders, especially through asylum procedures, border enforcement, and respect for human rights.

• However, this approach is limited because migrants’ experiences continue beyond border crossing.

• Diaspora justice expands the analysis by recognising migrants as transnational communities who maintain social, political, and cultural connections across countries.