Professional Documents
Culture Documents
DIMITRIOS POLYZOS
Department of Politics
University of York
MA in International Relations
Y1448721
Abstract
The theme of this thesis is sovereign power of European countries in matters of
migration contention and security preservation in their territorial space. Sovereign
power of the individual European state is put under the microscope of social theories
which explain the domination of rational choice by highlighting the characteristics of
human nature which explain exclusion and alienation of immigrants as a rational
choice of the hosting societies.
The aim of the present thesis and key argument is that the ability of the sovereign
nation (and the EU in extent as a sovereign union of nation states) to claim authority
and to be self-determined stems from its capability to rationalise its choices on the
basis of securitisation and self-preservation. It will be argued that immigration
policies are planned and enforced by states under the doctrine of self-preservation
and it will be assessed whether modern immigrant detention camps serve the common
social grater good by reviewing the case of detention camps in Greece.
ii
Acknowledgements
The present thesis has been the capstone of a year of hard work, a variety of lessons
learnt and a world of new experiences none of which would have been possible had I
not chosen the University of York to undertake my MA studies, therefore I would like
to thank the University for the incredible opportunity I received to be a part of one
exceptional academic society and which offered me a year that I will always
remember with the fondest memories.
I would also like to express my deepest appreciation to my supervisor Dr Tom OShe
to whom I owe my profound gratitude, for without his support and guidance the
present dissertation would not have been possible.
I would also like to thank my family for their love and moral support throughout the
whole academic year.
iii
Table of Contents
I.
INTRODUCTION...3
II.
III. ON MIGRATION.25
2.1
Migration Policies...26
2.2
2.5
2.6
Economic45
2.6.2
2.7
IV.
DISCUSION OF FINDINGS..56
!1
3.1
3.2
V.
CONCLUSION.59
BIBLIOGRAPHY63
!2
I. INTRODUCTION
process of carrying out the study. The two main chapters where the main analysis will
be taking place are divided to cover briefly the review of the literature (Chapter two)
and to investigate the topic over migration, illegal/irregular/illicit immigration,
offering an insight to the policies implemented by the European Union, a critique of
them and a close up examination of the case of Greece and the immigrant detention
camps used by the country in means of regulating and dealing with the problem of
illegal immigration (Chapter three). The final chapter aims to offer a discussion over
the findings of the study and focus in the failure of migration policies, the violations
of human rights of immigrants and also to discuss the future of EU securitisation.
Furthermore, the study will be carried out in accordance with ethical conduct
requirements. Ethical boundaries are described to be the self-regulatory guidelines
which govern decision-making. Ethical behaviour helps protect individuals,
communities, environment and offers potential to increase the sum of good in the
world (Israel & Hay, 2006:2).
and it provides the reader and the writer with all the necessary definitions governing
the field within which the research falls.
The data collected for this study are a product of the existing literature and where
extracted from the Universitys Library and electronic databases and also the Library
of the Kapodestrean University of Athens. The terms used in search engines and
databases to collect and retrieve literature relevant to my study were among others
immigrant, migration, refugee, detention, borders, securitisation, reason,, policies etc.
To begin with the term migration is used to define the movement of individual people
or a proportion of population of a country or a region towards another country or
region, regardless the causes of this movement. Territorial movement in particular
distinguishes migration to internal and external (Schnapper, 1991). Migration is
divided in two categories, emigration and immigration, where the first is indicative of
an outflow, whilst the second is used to describe the inflow of individuals and or
populations to a host country or region and both terms are usually identified in the
scientific literature with the word migration (Emke-Poulopoulou, 2007; 1986). With
regard to the destination migration is discerned in European or within European
borders and in transcontinental or overseas (Mousourou, 1991). Finally in relation to
its legal status migration is distinguished in legal and illegal (with or without the
possession of required travel documents).
Contemporarily, migration is conceptualised as a set of different processes being
triggered by the transition from traditional to modern societal contexts. The
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differences among cultural settings are justified on the basis of the existence of
multiple stages leading to a linear continuation, corresponding to that of biological
organisms, from simple to more complex ones being thus prioritised on the founds of
the notion of progress (Thomas & Znaniecki, 1984).
The following first chapter will attempt to cover the discussion around theories
explaining how immigration policies are planned and enforced by states and how
detention camps serve the common social grater good
!6
In the Greek language (ancient and contemporary) logos means speech and from the later
when people are exposed to reason they still are too immature to implement it
(reasoning) as they might possess the words but when it comes to actions they
practice in accordance to their individual nature, their character and their experiential
knowledge (Manos, 2002).
Therefore, although divine reason is inherent in all humanity and reverberates in each
individual person, not everyone is capable of conceptualising the necessity of
implementing reasoning to their actions. Socrates argued that logos drives mankind in
the search of their true self and guides them when facing their inner
demons (Nechamas, 2001; Taylor, 2000; Sdrakas, 1996).
The concept of reason is also encountered in the works of Plato, but in this case it
denotes an internal logical power with which a person is endowed so as to be able to
make optimum decisions and avoid succumbing to detrimental desires and acts (Cary,
1959). Moreover, Plato considers reason to be a guide towards the truth of all things.
In other words, reasoning means to marshal logical arguments which advocate in
favour of our end (telos), explain our actions, and link them with our intellectual
capabilities (rather than our senses).
Nevertheless, apart from using logos with the meaning of words defining peoples
will and also perceptions of the world around them, Aristotle also retains Platos
interpretation of logos as the fundamental criterion for achieving the practice of a
reasonable and modest life (Kraut, 2002). In few words, to paraphrase Plato, when the
individual person reaches the point where he can conceptualise logos, he can then
!8
reach a point of excellent balance both internal and external in his life, he can live in
the Golden mean. Hence, the individual person can reach out to happiness and
fulfilment as his requests and minimum rudiments are shifted through the light that
reasoning brings in life apprehending thus sentiments of depression and impulsion.
The aforementioned findings of ancient Greek philosophy constitute a concrete basis
for understanding how reason is connected to the maintenance of a viable growth both
internal and external and the extent in which reason can become a shield of protection
of the individual persons best interests.
!9
This passage if a free translation of the original text which is in the Greek language made by
myself.
!10
each individual can use his reason to pursue progress and prosperity, to verbally and
practically demarcate the minimum standards of conduct which are considered
acceptable and which would not threaten or jeopardise his quest for happiness and
fulfilment.
Foucault in order to be adapted to the new version of biological sovereign right over
life and death. According to Foucault the new version of man is that of a political
animal whose life as a value is being under negotiation depending on its worth to the
rest of the population within which they are incorporated (1982:175).
This type of power which operates prompting, boosting, incrementally, exercising
control and surveillance on all vital phenomena based on the accumulated knowledge
about the latter, intervening collectively managerially, regulatory and organisationally
on the lives of the individual subjects aiming to protect them from illness,
maliciousness and death is what Foucault (1980) identified as biopower. Biopower
was mobilised to resolve efficiently the phenomenon of overpopulation of the 18th
century, being accompanied by all the socioeconomic parameters such as morbidity
issues, public healthcare issues, the management of climatic geographical and
environmental conditions which appertain to the life within the city and is diffused in
the social spectrum in two ways which ensure its bioregulatory purposes, that of
discipline and that of biopolitics. A concrete example of how biopower can be
exercised by sovereign states comes from the field of medical science. In the early
20th century, twenty nine countries maintained eugenics legislation under which those
who were recognised as 'genetically defective', ie criminals, the mentally retarded,
those condemned as being immoral, prostitutes, alcoholics, antisocial, vagrants,
indigent and beggars, were subjected in compulsory sterilisation (Barnes, 2006;
Muller-Hill, 2002; Sanderson, 2002; Garland, 1999, 2001; Katz & Abel, 1984; Paul,
!12
1967). Meanwhile, in the United States, immigration from Asia and Southeast Europe
towards the US was restricted (Garland, 1999, 2001).
Discipline, which precedes historically biopolitics, is oriented to the control and
management of the human body aiming to oppress and annihilate its resistance, while
biopolitics have as a unit of analysis the biological processes that characterise and the
conditions which favour the development of it. All functions of the natural life
(reproduction, vitality, morbidity and mortality) are the contents of biopolitics and are
subjected to the mechanisms and calculations being made by the states sovereign
power. Life is no longer taken but is rather being protected and preserved as being the
ultimate sovereign good. Enemies of the life and viability of a population are
generally considered to be a threat to the perpetuation of health, strength and stability
and therefore are destined to be exterminated for the general benefit of the society
which is made possible through what Foucault named state racism or biological
racism (Kelly, 2004).
According to Foucault the state biological racism is the basic mechanism of biopower
facilitating the overcoming of the contradiction that the state itself bears, which is
none other than the fallacy that while being in favour of life it however, distinguishes
lives in superior and inferior and decides to vanish those who endanger the lives of
worthy population. The indirect murder aims to preserve the latter from the infectious
existence and practises of the malicious rest of the population (Foucault, 1990).
Society needs to be protected against the biological hazards of other races of lower
and different ancestry.
!13
This racist theme that permeates the fabric of society, with a view to the lasting
clearance of foreign elements and adjusting all in the norm, the social average, the
social standardisation (normalisation), is indicated and thoroughly analysed in
Foucaults book il faut defender la societe. Biological racism fragments the
biological continuous to which biopower appertains to, establishing a biological
relationship between the extermination of biological risk and the enfeeblement of the
species as a whole and ethnic race as a unit. In other words and to use the example of
US and interracial marriage banning, biological racism devotees used reason to
explain rationally the biological risk that mingling of races would impose to the white
ethnic race, a scenario which became a feared reality within the specific social
culture.
To adjust Foucaults theoretical approach to biological racism and to apply it in the
present study it is very appropriate to reflect upon the discussion between Foucault
and Delez, where Delez comes to the conclusion that the sovereign state imposes its
vision to its subjects on the grounds of protection, preservation of the population and
the sovereign good (Foucault & Bouchard, 1980). As he explains the oppression of
immigrants among other contemporary forms of state violence becomes tolerated and
accepted by the general population through the process of visualisation of what the
state considers as greater good.
Hence, it is hard to argue that even nowadays, that globalisation has built bridges of
communication between the four corners of the earth, immigrants are not perceived as
a threat to the homogeny and clarity of an ethnic race as security risk is seen through
!14
the prism of ethnic polyphony and heterogeneity (Aradau & Van Munster, 2007).
Foucaults discussion of panopticism (the states ability to see everything and
impose its viewpoint to its subjects) illuminates the evolution of institutions into
disciplinary societies, through the extension of the mechanisms of discipline
throughout society in the formation of what might be called in general the
disciplinary society (1995:209). The disciplinary power of the state over immigrants
starts at the borders which are the primer frontier that the state needs to surveillance
as to avoid illegal immigrants to enter or invade the national ground and to facilitate
the movement of legal immigrants within the country (without even remotely
implying that they are welcomed in any of the two statuses).
As Eithne Luibhid (2002) argues, clearly, inspection at the border is not a one-time
experience but it is rather, as Foucaults image of the carceral archipelago suggests, a
process that situates migrants within lifelong networks of surveillance and
disciplinary relations. Surveillance of the lives of immigrants begins upon their
entrance to the foreign to them state and continues in the context of detailed
documentation of the reasons for them entering the country and establishment of the
timeframe within which they are expected to depart. Immigrants who do not possess
official documents face immediate deportation when possible or are automatically
apprehended by legal authorities until their origin and identity is being verified.
Immigrants are thus apprehended within a net of power relations governed by
documentation status, and as Foucault argues, it is the discourse lying in power
relations, within a society, where power itself derives from.
!15
which the rule and procedures through which attempted legalisation and/or the
normalisation of cases presented as 'exceptional circumstances', or an exception to the
rule because of an emergency situation. Though this logic it is invoked the absolute,
the whole, the totalitarian using the term necessary which is often referred to as
imperative need - inhibiting, and essentially banishing the democratic and human
rights. The mechanism invoking this necessity is the sovereign state. The emergency
is interwoven with tine threat to sovereignty, but is also an expression of its power.
This is a contradiction where emergency is parallel term to posed threat against
sovereignty and thus indicates a potential opposite to the power which emerges as a
'threat' or at least as citing a threat, while simultaneously confirming that the state is
indeed a master holding the monopoly on its invocation. This is the limit where the
Weberian definition of the state as "the body has a monopoly of legitimate use of
violence" is inadequate as a tautology (Vandergeest & Peluso, 1995; Weber, 1993).
Schmitts and Agambens exeptionalism theories differ in the process of
understanding exception where the second draws heavily upon the work of the first
whilst declaring it as insufficient as the first worked largely on legal constitutionalist
interpretations of exception (Huysmans, 2008). Hence, in Agambens state of
exception we find the following contrasting pairs: legal/illegal, life/death. These are
bound to coexist in the succinct review of the notion of exception3. Agamben
identified the essence of the state of exception as the ultimate limit between politics
3
Legitimate includes illegal which is being defined through its contrast with the former.
Illegal arises from its exclusion by the definition of the statutory limits where from it also
begins (in Norris, 2000).
!17
and law between the juridical order and bare life, as the no man's land on the border
of constitutional / supra-constitutional provisions, practices and decisions beyond the
constitutional-legal explanation as defined by the Latin maxim necessitas legem non
habet (necessity is not subjected to the rule of law). Politicisation of life signals for
Agamben the emergence of biopolitics and the primary activity of the sovereign
power is the production of a biopolitical body. What he tried to demonstrate
throughout his research is that measures designed to meet extraordinary and in cases
extreme temporary events was twisted and shifted into becoming a norm, an adopted
practice which is acceptable by the government.
The stepping stone of this transition was the First World War when the state of
exception was deriving from the state of war. In the Nazi Germany of 1930s the state
of exception was established right after Hitler assumed control of the state and was
never revoked throughout the twelve years of the war. People, immigrants were then
being identified as having the characteristics of the figure of homo sacer4 (sacred
man) which Agamben (1998) borrows from the Roman Laws. Homo sacer is defined
in legal terms as someone who can be killed without the killer being regarded as a
murderer; and a person who cannot be sacrificed in a religious ritual (hence it also
translates in accursed man). This persona is expunged from society and is being
deprived of all his rights and functions in civil religion. Homo sacer is himself a state
4
He is holy and damned, killable without alerting any punitive system. He is located both
within (as entity contained in the legal order) and outside (as not being protected by the legal
order) the laws boundaries. He exists in the legal framework only so that he can be excluded
legitimately by the rule of law.
!18
of exception who is bound by the law yet is being denied his right to be included in
the law (in the sense that he cannot claim protection).
The establishment of a state of exception, namely, the indefinite suspension of the
regulatory and juridical order, when population can potentially be killed (murdered
without being murdered; in the sense that murder translates to sanctions for the
committing person) in the absence of legal and moral boundaries, enhances the power
of institutions and provisions located outside the law and that of life scientists on life
itself and as Agamben argues, the state of exception disperses in the Western political
bodies the absolutely killable corpses of their nationals.
Unsurprisingly, the term Homines sacri became a definition of those detained in
concentration camps of Nazis where biopower was unraveled and exposed to its
truthful intentions (Agamben, 2002). Those living in detention camps are somehow
unconsciously Homines sacri, assimilated to a life that can be taken without being
considered as a murder. This is due to the law considering that those detained in
camps do not own themselves anymore, life belongs to the law itself and these people
are somewhere between life and death (alive/dead), hence in the case of Nazis there
was no crime when lives were disposed in the context of experiments.
However, Agamben argues that nowadays the state of exception has been transformed
itself in the sense that it has been diffused in the whole world and not just a war zone.
Not to be misunderstood here, what Agamben implies is that contemporarily the term
(not the notion) state of exception is not applicable simply because when referring to
!19
changes in power relations these are seen under the prism of normal changes in
policies, the international law, and national laws and constitutions. The term state of
exception should be revised as a conceptualisation; exception itself is no longer
appertaining to events which bring a country or a society at turmoil, otherwise
extraordinary circumstances, but rather as inner convulsions which are necessary to
keep the political machine working. Consequently the homo sacer is replaced by the
homme sans papiers the man without papers, documentations, identity. This persona
has illegally entered the territory of a country foreign to him and his causes and plans
cannot be verified.
To deal with these types of immigrants most western states are implementing a system
of compulsory detention in prison-like camps where they are held as unlawful and
unwanted individuals until their origins are verified, then they are either extradited (if
they are found to be criminally charged), deported or left to circulate within the
country, yet being unable to move either forward or backwards and leave the hosting
country. For Agamben detention camps are the law of modernity, an attitude which
refers to the horrific Nazi concentration camps, but with a new, perhaps even more
terrifying way as the conditio inhumana (inhuman situation) in the camps expands
and applies beyond in the greater society5. The latter is the most common and
For the Italian philosopher, since the invention of the state of exception in the campos de
concentraciones created by the Spaniards in Cuba in 1896, and the British concentration
camps in S. Africa during the Boer War and until the contemporary Guantanamo, the bottom
line is that we are dealing with an extension to the entire population of citizens of a state of
exception.
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reoccurring situation in Greece and shall be discussed thoroughly in the next chapter
of the present study.
!21
Throughout the process of dehumanisation, man lays bare of his political status by
confining his existence in flesh and bones which merely exhibit some vitality. The gap
between natural and inhuman behaviour is filled by authoritarian and totalitarian
behaviours which prove the existence of a deep crevice between democracy and
dictatorship which cannot be bridged while the states employ hostile behaviour
towards one another. Thus, under the veil of looking out for the wellbeing and
prosperity of their population, states have legitimised through unreasonably reasoning
for the use of violence both at a national and an international level (Duarte, 2005).
Unsurprisingly, the racist and discriminatory effects of the process of dehumanisation
which appeared vividly in the onset of the 20th century with the rise of the
movement for eugenics and have been discussed earlier are again a reoccurring
theme.
What is found in Arendts reasoning process is that the political identity of mankind is
a prerequisite in the discourse of defining human rights as it allows public visibility of
the individuals existence (Hammer, 1997).
be a herald of morality as his duty is to make the best and rational choices which will
lead him to beatitude. Why then would such a reasonable creature seek to harm and
divide? On the antipode, political science places man in the centre of attention by
attributing to him characteristics (such as solidarity and identity) which are pre
conditions for him to legitimise his claim of his rights.
A man striped of his rights is a homo sacer, a person without identity, an homme sans
papiers, an immigrant, an intruder of civilised, pure and dominant mankind. He is
greeted with hostility and treated with apathy and xenophobia and hate.
The right to migrate when the conditions which are the minimum prerequisites for an
individual to seek for and enjoy a fulfilling and prosperous life are violated is itself a
precondition for the enjoyment of the rest of the individuals human rights. Hence, as
it will be argued further in the present study, a foreigners right to migrate in the
hosting country of his choice, selected through the process of rational filtering of the
available optimum choices for his survival and/or his development, serves as a quasiright to rights.
In the contemporary Greek society the right to legal residence is paving the way for a
greater agenda of other rights of climaxing significance for the individuals life. From
the simple everyday matters such as the right to transact with public services, and the
right to public care in sickness to the more perplexed and ideal rights such as that of
being given a vote in elections as for his voice to be heard in the society where he
lives and produces work.
!23
The discrimination against and social isolation of immigrants (both legal and illegal)
is apparent throughout the entire Greek constitutional law. For instance, according to
the current legislation illegal immigrants and refugees are allowed to educate their
children only in public schools and to be hospitalised only in the emergency
departments in hospitals, all public services are constrained from providing their
services to illegal immigrants, otherwise the individuals found to provide any sort of
administrative support to them are liable to face criminal penalties; legislature
prohibits renting houses to illegal immigrants and criminalises versions of practical
solidarity, since he, who facilitates the staying of an illegal third-country national in
the Greek state shall be punished with substantial prison sentences and monetary
fines, echoing thus an important symbolic message to aspiring foreboders of
solidarity. Subsequently, the grey zones drawn around the human rights of illegal
immigrants and refugees in Greece have established a viral hostile environment of the
Greek society as a host of migration.
Consequently, in the following chapter the study focuses in the reality of paranoid and
semi-legal policies implemented by the Greek state and how this interlinks the
existing rights of immigrants to those of the rest of the Greek nationals.
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III: ON MIGRATION
As already being mentioned in the introductory stage of the present study the term
migration is used to define the movement of individual people or a proportion of
population of a country or a region towards another country or region, regardless the
causes of this movement. Eisenstadt (1955) described as the willingness of an
individual or a population to abandon the natural habitat and society in which they
were placed by birth and to settle in another societal environment. Depending on the
length of the chronic presence of a migrant in the host country, migration is also
demarcated in short-term, temporary migration (between no less than three and no
more than twelve months) and long-term, permanent migration (more than the
minimum of one year which may de facto be extended leading to de facto residence)
(OECD, 2001:296; Stamatakis, 2006).
The discussion around migration highlights this transitional process also as the
transfer of human resources and workforce from one region to another with evidence
showing that the usual destinations are developed countries which are found or
expected to offer more chances in employability and prosperity (Vendura, 1994;
Castles & Kosack, 1985) and vice versa competitiveness among countries is
stimulated by their favourability status as migrating destinations by triggering
innovativeness and know how expertise (Amin & Thrift, 2002; Florida, 2002;
Glaeser, 1998).
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Dirks (1998) noted that the onset of the era of modernisation and globalisation has
opened the back door to massive and unprecedented international migration pressure.
He argues that the emerging desire of individuals and larger groups of population to
migrate and leave behind the safety of the known residential environment cannot be
rationalised by mere constructive factors suggesting the quest for optimising life
conditions, but rather by acknowledging the factors of suppression, adjective poverty
and a massive desire for freedom of choice and self-determination.
Nevertheless, a question arising here is whether migration is a product of individual
free choice (individual action) or a result of broader geopolitical and transnational
dynamics (Sassen, 2003). In this assay it is argued that large-scale international
migration is part of the complex economic, social and national networks, which are
under close control and monitoring by the authorities so that it is not easily accessible.
Hence, it is plausible to argue that immigration is not limited to the massive invasion
of the poor and that this is more a problem than a crisis management (Sassen, 2003).
(2003) point out that the existence of a society in absence of alien ethnic groups is a
utopia. Integration in this case would rely on an internal consensus regulated by the
state mechanisms (in Freeman, 2004). As it is apparent the individuality and the
undependability of actors in contemporary societies call for a different approach to
integration which would take into account the fragmentation and decentralisation of
the latter (Freeman, 2004).
Immigration policies is the aftermath and for Favell (2010) a part of the long term
consequences of migration for the hosting countries and include among other the
basic legal and social protection; formal naturalisation and citizenship (or residencybased) rights; anti-discrimination laws; equal opportunities positive action; the
creation of corporatist and associational structures for immigrant or ethnic
organisations; the redistribution of targeted socioeconomic funds for minorities in
deprived areas; policy of law and order; multicultural education policy; language and
cultural courses in the host societys culture, and so on (for similar checklists of
policies, see Kymlicka, 1995; Soysal, 1994; Vertovec, 1997) (2010:372-3). Favell
continues that all the aforementioned are parts of the states responsibilities and fall in
the sphere of the governmental control.
To go back to the discussion of distinguishing among immigration policies and
immigration policy which, as exhibited, is the governmental response to the
phenomenon of immigration, and before elaborating on the above described issues, as
immigration policies are defined those action planning processed and decisions of
states as to control who is immigrating, why and for how long. Nevertheless, the
!27
families of migrants and also the conditions of claiming and being granted asylum
were revisited and aborted and replaced by more strict ones. However, the tighter the
cluster of monitoring migration was becoming the more unorthodox and illicit
practices of smuggling and trafficking immigrants were invented allowing
uncontrollable procuration and illicit contraband. Additionally, the very recent
phenomena of terrorism heightened the brass tack of insecurity of states and became
inevitably correlated to border control and strict constraint of migrant entering.
Even though many European countries among which Germany, the Netherlands and
Sweden attempted to resolve the issue of migration by encouraging the
implementation of policies which allowed the influx of certain numbers of human
resources as temporary labour force, the latters permanent residence created
sustainably emerging and growing in numbers immigrant societies in their swaddle.
Hence, the necessity of developing integrating policies for some countries only
emerged in the mid-70s and became generally a normative in the 90s.
As argued previously immigration policies is the aggregate of measures and adopted
social practices dictated by two binding and accessorial pillars the first of which
appertains to the regulation of the influx, residency and employability of non-citizens
in a given society, including those measures dedicated to encourage reversion and
repatriation of immigrants and to fight back procuration; the second pillar appertains
to the policies dealing with the integration of immigrant population on sovereign
ground and in general to all those positive policies which ground juridical and
typologically the prerequisites for the convergence of immigrants and nationals of a
!29
given society. The second pillar will not be explicitly ad thoroughly investigated in
the present study as the objective here is to highlight the policies and their ability to
self-resonate as means of achieving self-security and preservation of a sovereign state.
Nevertheless the apportionment of the national policies of integration and
incorporation of immigrants regardless whether they refer to educational, welfare,
housing, health and security policies is a crucial topic of discussion for those legally
residing in a foreign country (Schnapper, 1992) and can be a proposed topic for
further investigation in extension to the present study.
Besides methods and social practices the planning and implementation of immigration
policies is also bound by the financial status of the hosting country, by the prevalent
situation in the labour market and by the existing social cohesion which was
previously mentioned in the study. All these are concrete facts which speak to the
relevancy if not chained interrelation between politics and the topic on immigration as
being argued by many scholars and researchers of the political science (see Simon,
2007; Pipper, 2006; Hollifield, 2000).
Consequently, there are three apparent concepts arising with regards to immigration
policy of a host country, border control by the sovereign nation enacting legislation
of admission and deportation, national securitisation, and the integration of
immigrants encompassing the administration of political rights (Hammar, 1985). To
the extent of issues that this study is shouting out to highlight and investigate it is the
problems concerning the tackling of illegal immigration by intensifying border guard,
the promotion of strict regularisation procedures, and the elimination of illicit human
!30
trafficking that are attempted to be rationalised as to the actions taken tom solve them
through the prism of human logic and reasoning. The fact that large numbers of
immigrants are involved in illegal activities (street crime) in combination with the
problems posed by the "illegal" status what this study earlier referred to as homini
sacri, is one of the main sources of concern for the safety of citizens (Ribas-Mateos,
2004).
Hence, as admitted by academics and policy makers, there is a tendency for the
movement of populations to be included in national security issues of high risk. The
perception that international migration is a threat to the security of countries is partly
related to the concern on international criminal activities which exploit the movement
of individuals by establishing networks of human trafficking and on that of the most
recent terrorist attacks. Unarguably, the events of 9/11 in 2001 and the subsequent
terrorist attacks in Madrid, London, Bali and elsewhere have led to the conclusion that
the issues of national security precede firmly on the agenda of debates on immigration
policy.
immigration policy, yet it has taken remarkable steps towards harmonising the
member states immigration and asylum granting policies.
The Treaty of Rome in 1957 was one of the first collective attempts to set out the
standards for free labour movement, condemning discrimination against workers of
nationalities different to a states nationals and in 1992 the Maastricht Treaty gave EU
the green light to act more intensively and methodically on immigration policy
frameworks (Zimmermann, 1995). Moreover, the Amsterdam treaty in 1997
spotlighted the topics around immigration policies, asylum and visa obtaining, which
had already been brought to attention in 1985 and 1990 by the Schengen Accords I
and II (Zimmermann, 1995), in the civic axis of the union and assigned the European
Commission with a five year mission of taking initiative in this domain. Member
states were forced to alternate their legislation on migration effectively which
translates to intensified boarder control system development and selective
immigration and asylum policies (Boswell, 2003).
In 1999 the Tampere Council authorised the development of a common framework
with regards to unanimous asylum policy and the European Commission and
pronounced the announcement over legal and illicit migration (European
Commission, 2000a, b; 2001a, b).
facilitate the elimination of illicit human trafficking, would lower the numbers of
asylum seekers in European Union ground and would constitute extradition of
individuals with illegal or unclear status to either their counties of origin or to other
countries within the Union which were considered as check points in the sense that
!32
once the immigrants had already passed through them they were automatically
nominated as secure places especially for asylum seekers to return to (Boswell, 2003).
Nonetheless, the Council has approved very few of the suggestions of the
Commission appertaining to immigration. This fact however does not indicate the
unwillingness of the Council to lay out a series of common committing ground rules
to resolve the migration issues but can be understood as reluctance to issue specific
guidelines in the form of one measure to fit all to avoid interference with each
individual members national sovereign and its right to be self-regulated in national
security matters. The imperfect relationship between historic experience on migration
and the policies established to regulate it can partially explain the aforementioned
slow transformation to a total policy alignment among European Union state members
(Castles & Miller, 2003).
Yet the EUs efforts managed to transform effectively the European map into a
stateless region by eliminating the boarders between nation state members and by
creating a framework of shared authority and responsibility major extent of which is
to tackle illegal migration.
hard towards reassuring that the individual member states would be safe and secure
after the abolishment of national borders among them. The externalisation of border
control instruments and the implementation of pre-frontier control aimed to create the
sense of security for host countries yet managed to link migration to a permanent
notion of threat to a states welfare. This lead subsequently to justify more vigorous
police measures to the extent of state responsibility. Thus, the sense of state
responsibility created solid base for the EU to claim intensive immigration policy
reformation from candidate countries to enter the Union with the most significant and
controversial one being the obligation to enter into agreements for readmitting
undocumented migrants constituting many EU candidates (among which Greece) as
waste banks for those undocumented and unwanted.
Following the notion of prevention the EU made grate efforts to pull the brakes on
migration and asylum granting by undertaking a crusade to offer assistance to
troubled regions where the majority of immigrants where emerging. The attempts to
offer financial and solidarity assistance were thought to be a panacea to uncontrollable
migration as the goal was to offer help and funds and diplomatic delegate resources
and to resolve domestic problems of troubled states before their collapse which would
signify new flows of immigrants toward EU states. As noble as this might appear to
be its interior motive is to lift some weight from migration control instruments of the
Union as their task was becoming more and more challenging to perform, thus the
alternative approach to hit the problem to its root causes appeared to be more feasible
as a project.
!34
Hence, in the 1990s a new era of peace building, post war recovery and military
intervention strategies was set in motion which opened the back door to post
imperialistic expanding control behaviour for both the EU and the rest of the powerful
International players6. Nevertheless it can be argued that migration management was
neither less necessary nor it ever became an issue of less engrossment for the Union.
see Report of the High Level Working Group on Asylum and Migration which prepared the
Inevitably, at this point the most important questions and the core subject of this thesis
arise. How can the modern world and the contemporary Greek state in particular
resonate against the development of detention camps where immigrants are crammed
on a daily basis as if they are some sort of clutters, of unwanted, purposeless beings
deprived of their human thisness? And why has the term state-shelter been
degenerated and demoted into that of state-enemy, a state of ignorance which has
failed to live up to its promise for unconditional support of those in distress, of those
forced to become stateless and are being perpetually oppressed in their land of origin?
In order for these questions to be answered effectively it is necessary to dive in the
depths of human logic and morality prior to investigate the surfacing problematic
migration policies in effect in the European territorial space and in the Greek state in
particular.
To begin with, population movements towards the European continent could not have
left Greece uninfluenced. Since the establishment of the European Union (EU) and
throughout its gradual enlargement, with the accession of increasingly more European
countries, within the territorial limits of the continent, was another step for the radical
change in the content migration and its traditional status (Markou, 1998). The
introduction, for example, since 1988 of the right to freedom of movement and
establishment of workers in countries of the European Union, transformed
"immigrants" to "mobile workers" and "equal citizens" of every European country. In
essence they became mobile citizen-workers, another form of human capital within
the EU. Hence, since the late 1980s, Greece, Italy, Spain, and Portugal among other
!36
European countries were converted into immigration hosting countries. It was the
collapse of communist regimes, the worsening international financial situation and the
religious fanaticism that increased dramatically the currents of foreigners migrating
from eastern and central Europe and the Third World countries. These migrants who
crossed the national borders without always have the necessary legal documents came
mostly from Albania, Poland, the Philippines, Pakistan, Iraq and Egypt (Petronoti &
Triandafyllidou, 2003). To be more specific two-thirds of these immigrants came from
Albania, 6% from Bulgaria, and 4% in Romania and the rest from more than a
hundred countries of Eastern Europe and of the rest of other continents (Fakiolas,
2004: 36).
Challenging, for a researcher of the political science, is the task of dipping his tows in
the unknown waters of philosophy in an attempt to become the philosopher himself
and to conceptualise first, analyse subsequently and translate human behaviour into
established practices incurring consequences either these being positively related to
their context or these causing alteration to the human nature itself demoting the
person as an individual and as a member of a collectively acting community.
Hence, in order for the researcher to serve his purpose and carry out a thorough
investigation on the subject of migration policies and the use of detention camps as
immigrant storage facilities will be formatted, analysed and lastly filtered via the
notion of the theory of rational choice.
!37
!38
!39
358/1997 and number 359/1997 shifted the hostile environment that the
aforementioned acts triggered by encouraging illegal immigrants to come forward and
be officially documented as to be legalised by obtaining the White Card of legal
presence in the country and thanks to these decrees approximately 200.000 illegal
immigrants were tracked and legally documented (Zavos, 2006).
Few years later in 2001 a new attempt to enrich the Greek constitution in long-term
and to set more rational and achievable goals towards eliminating illegal immigration,
law L.2910/2001 called for the political domestication of immigrants and relayed
regulations with regards to entering the country, residence and labour (Varvitsiotes &
Kampouroglou, 2006). This particular law has been alternated more than 60 times
since then (Kapsalis, 2007) being charged as being anachronistic and discriminative.
Moreover, in 2004 law L.3284/2004 introduced the notion of jus soli in matters of the
Greek citizenship and was considered as a leap of faith to the future towards a more
integrated immigration policy (Zavos, 2006). In 2005 however, law L.3386/2005 took
the initiative one step further as it emphasised in the field of social integration of
immigrants of third countries and EU non-Greek national citizens residing in Greece;
in its introductory draft the legislators clarified that their intention was to bridge the
gaps which had been created by the 2001 act and that with this law they aspired to
assume strategic initiative towards immigration management and to institutionalise
appropriate measures and assurances of close monitoring of the nations boarders and
to implement strict regulations for entering the country as to avoid uncontrollable
trespassing, as well as the possibility of granting permanent and legal documentation
!42
to all those homini sacri enabling them with the potential of being gradually and
formally integrated in the Greek society (Kapsalis, 2007). Unfortunately, regardless
the good intentions of the 2005 legal act, bureaucratic implications in practice
constituted it unfit to be actively implemented. To tackle these in 2007, law L.
3536/20077 entitled Special Adjustments of Issues of Immigration, Public
Governance and Decentralisation opted to set aside bureaucratic obstacles, to solve
all problems none related to culpable behaviour of immigrants and to facilitate their
social assimilation.
The most recent years have brought a quiet period of legislative inactivity which has
subsequently surrogated the continuity of irregular immigration. It should be however
noted at this point that the failure of the state mechanisms to impose some certain
level of regulation of irregular immigration has deepened the chasm of dissension
within the Greek society leading to anachronistic tendencies towards xenophobia and
hence alienation of immigrants especially those who entered the country within the
past decade, depriving them from the opportunity to establish strong social bonds
which would allow them to consider permanent residency in the country constituting
them modern homini sacri. To make things even harder, the rise of the Neo-Nazi
political party of Golden Dawn in the Greek parliament in 2013 which is openly
against immigration and has been accused of violent criminal acts against immigrants
7
L.3536/2007 is in effect to this date whilst there is an active political debate at the moment
with regards to the necessity of reformations to deal with racism and xenophobia which have
been brought in the main political stage by the heinous criminalistics actions of the Golden
Dawn political party.
!43
regardless their ethnic id, is bound to be a major hitch towards achieving the
covetable harmonisation of immigration policy at this side of the Union (Figgou et al.,
2013).
From this brief account of Greek legislation with regards to immigration two
important lessons can be extracted. First that Greece has historically been unable to
react effectively to the significant increase of immigration which on the onset of
1990s became uncontrollable in both legal and illegal level. Secondly that
bureaucracy and lack of thorough investigation prior to legal stipulations of acts has
made it impossible for the controlling authorities of the country to create a concrete
legal setting which would encourage immigrants to come forward and become legal
improving thus their employability and their mobility in the EU.
Regarding means of defending the state against illegal immigration these are confined
merely to intense yet not sufficiently effective security checks at the countrys
national borders. The unarguable failure to control illegal migration at the Greek
borders is however, not only a major problem for the Greek governments and society
in extent but also a headache for the rest of the Union as from Greece it is easy for
illegal immigrants to attempt moving towards Italy and then to more rich countries of
the North and the West. The failure of policy can be tracked back to three main
factors, that of the social dynamics of the migratory process, that of the wider
phenomenon of Globalisation, that of the pure failure of regional political systems to
exercise their sovereign powers (Castles, 2004). As already discussed earlier in this
study, the main strategy line that EU employs with regards to regulating and
!44
preventing irregular migration is to target the root causes of it and attempt to resolve
emerging problems in their focal points.
2.6.1 Economic
Although not officially substantiated, there is a strong view that the Greek economy
relies heavily on immigrants and without them the country would have been reeled
over by serious developmental problems. Contemporarily the high levels of
employment of foreigners in the country indicates that the interruption of economic
marginal limit activities some of which are export oriented and that employ mainly
Greek nationals has been avoided, there is also evident improvement of the age
composition of the workforce, and very importantly foreign workers and have
strengthened the service to households, in the field of domestic care for young
children and that of elderly people (Fakiolas, 2005).
Moreover, the national GDP in 2005 grew by 3.7% where about 2.6 percentage points
was the result of private consumption, of which one unit derived from the
consumption of migrants. Additionally the per capita in bank deposits belonging to
immigrants is estimated to be around 10,000, when the equivalent of Greek nationals
is around 8,000 (Eleftherotypia, 4/8/2006).
!45
Also according to a study carried out by the Institute of labour GSEE, proves
evidently that the entry of immigrants into the Greek market was not accompanied by
significant deregulation of the labour market and of the Greek society in extension.
This is mainly due to the fact that immigrants entering the country after the 1990,
faced a "friendlier" work environment as Greece had now previous experience of the
massive entry of immigrants into a gigantic illicit labour market offering thus easy
employment opportunities and fast income.
The contribution in the domain of agriculture has also been reported as by the middle
of 2000 the majority of immigrants were employed in the agricultural and
manufacturing domains. Indeed, the contribution of immigrants expanded in many
rural areas causing stimulation of local markets which expanded beyond the
agricultural sector (Kassimis and Papadopoulos, 2005).
According to the biennial report of the OECD for 2003-04 for Greece, the presence of
foreign workers has not prevented the creation of the same proportion of employment
opportunities for the local workforce and in most cases it has created additional
income for the economy, it has caused a significant increase in indirect taxation, and
also has improved employment opportunities for Greeks of similar level of labour
skills and their utilisation in agricultural production of very low productivity.
On the antipode, the influx of immigrants is closely related among other issues with
the extremely high levels of illegal labour and the broadening of the black market in
the country which involves mainly informal and illicit economic activities that are
!46
!47
!48
immigrants.
moral values, of political and cultural orientation of the country suddenly adopted the
migration problem as an expansion tank to diffuse internal disputes of the society over
its post-civil war revamped cultural identity.
As it is well understood identity is a key term defining modern multicultural societies
which aim in establishing of a cultural individualistic existence for both minority and
dominant groups coexisting in a common natural habitat. Hence, the cultural identity
of a person is established and founded upon the process of socialisation in which he is
expected to participate as being a member of a community. Indeed the social identity
of the member of a community has a strong reflection on the cultivation of the ego of
a person, the unique personal identity of the individual which affects significantly and
is also reflected in his ability to understand and explain the world and everything
happening around him, in other words the individuals ability to reason.
This very important process is taking place through the methods of enculturation and
acculturation which appertain to the way in which the individual is internally
conceptualising, understands and is accepting the new multicultural reality that he is
presented with as being a member of a hosting society, of a hosting state (Berry,
1988).
According to research conducted among fifteen EU countries it was found that 50%
of the respondents admitted that the presence of immigrants enriches the cultural life
of the host society. However, the concentration of positive answers varied among
countries, with the highest rates being found in the Swedish society 70%, while only
!50
!51
!52
In reality the aspiring goal of the EU is the creation of an enclosed space, isolated
from its neighbours, not only those developing regions of the world; a Europe that
every notion and sentiment of humanity will stop at its external borders; a European
Fortress. FRONTEX assumed a role of missionary forces protecting the Union
imposing militarisation of border controls, the use of inhumane practices which
gradually leads to the creation of a modern Iron Curtain this time separating the EU
from the developing world.
Hence, it all seems plausible when it comes to allegations against FRONTEX with
regards to human rights violations. In Greece as in most European countries
nowadays, FRONTEX is assigned with the responsibility of managing immigrant
detention camps. Returning to Arendts explanatory of the process of dehumanisation
and its role in Nazi detention camps it makes it apparent that this certain form of
practice namely the indefinite detention of people against their will whose only crime
(until proven otherwise) was to enter a country of EU undocumented, is especially
heinous and anachronistic. Moreover as Duffield (2006) argues it is the migration
security nexus which filters state security through the containment of cultural and
ethnic identity so as to retain a sustainable homogenised society in host countries.
Since 2010 Greece has been implementing a new policy to manage its irregular
migrant population and reinforce the EU external borders, which relies heavily on the
use of detention facilities. Immigrants being detected for irregular entry or residence
in Greece, including asylum seekers, are being placed in detention facilities. The
Greek Legal Council has authorised FRONTEX and policing authorities to retain
!53
For more information see Press Office Reply of Minister of Interior and Citizen Protection
degrading. The agency directly or indirectly had a hand in their apprehension and
transfer to detention centres and, thus, in their subsequent detention in inhuman and
degrading conditions. [] FRONTEXs activities that facilitated the detention of
migrants in Greek detention centres during the RABIT deployment violated the
prohibition on inhuman and degrading treatment. (HRW 2010:48-50)
Freilick (2011) Human Rights Watch's refugee programme director accused
FRONTEX that it has become a partner in exposing migrants to treatment that it
knows is absolutely prohibited under human rights law (The Guardian, Sep.2011).
The serious allegations of abuse of immigrants and refugees, the numerous allegations
of rapes of men, women and young children, the absence of medical help and the
physical detention of human beings being completely deprived of all their basic rights
paints a clear picture of how Europe is treating aliens in its disposition. Moreover
FRONTEX is denying all responsibility of what happens in the Greek detention
camps of Evros and accuses the Greek Governments of inability to control the events
taking place on Greek ground with regards to implementing the immigration policies
of the Union (The Guardian, Sep.2011).
FRONTEXs role as Neal (2009: 353) argues has been shifted from a mere border
guarding instrument to that of an intelligence-led risk management agency, and now
to an attempted reassertion of state exceptionalism, implementing unorthodox
practises and being accused of serious disrespect against human lives, yet managing
and regulating immigration aspiring to fulfil its role in defusing security within the
European Union family.
!55
their very own foundations. A very recent example appertaining to the case of Greece
is the raise of the Neo-Nazi political party of Golden Dawn (GD). The huge gap that
the right sided present governing party left by failing to resolve the reoccurring
problem of illegal migration, has been filled by the promises of ethnic clearance and
mass deportations which GD is promising to their voters who in their majority are
unemployed and of low educational and social level who become witnesses on a day
to day basis of criminality raising in urban areas due to the high levels of illegal
immigrant concentration.
of detainees and staff and also increases the grand total of the costs since many of
them are forced to be hospitalised. To add on the long list of problems and increasing
costs for the state caused by detention centres, the state is obligated to support the
families of those detained for any period and cover litigation costs for each single
case which reaches the Greek Court of Law (Medecins sans Frontieres, 2014).
As it becomes apparent the policy of detention of irregular immigrants being
implemented by the Greek governments is ineffective and insufficient. People are
being deprived of their basic freedoms and human rights by being retained for an
indefinite amount of time while there is no reported evidence that this practice has
lowered the rates of irregular migration in the country. Further in the last part of this
study, final conclusions will be arrayed and alternative options will be suggested as to
dealing with irregular migration.
!58
V. CONCLUSION
Illicit immigrants are therefore treated as unwanted flesh, homini sacri, sacrificed in
the altar of political games of securitisation, being treated as unworthy of basic human
rights and being apprehended against their will when all they are looking for in the
first place is to reach the land of freedom. The absence of complete alignment of
policies among member states of the Union explains in a great level the pathogenesis
of the collective attempts. This absence as being already discussed stems from the
different experiences of migration that each country of the union has met in its past
and also from the deep embedded fear and xenophobia of the European Union greater
society which creates a rationale for the Union to take securitisation issues high on
their policies agenda. And yet no matter the strictness of collective policies and the
stiffness of each countrys enactments the failure to deal with illicit migration and
human trafficking is a fact.
For Greece, a country with a long past tradition in emigration having individuals and
populations invading the state, taking over unwanted jobs and being involved in
illegal transactions of the black market in combination with the current situation of
the state which portraits a fragmented by the recession country which is gradually
losing its sovereign identity. Moreover numerous specific factors have shaped the
issue of migration inflow in Greece such as the geographical position of the country,
having both overland and sea borders makes it difficult for efficient and systematic
control to be imposed and creates easier access for entering populations from
neighbouring countries while, as being a crossroads between two continents Greece
serves as a pit stop for several immigrants aspiring to enter richer host countries of the
!60
west. Nevertheless, for those who decide to reside in Greece it is the existence of
extensive agriculture, a large number of short-staffed and underpaying small and
medium companies and the informal economy, also contribute to easier absorption
illegal immigrant labour, often seasonal or periodic, particularly in the fields of
construction, agriculture, services and crafts. In addition, the configuration of a
generally loose institutional framework is estimated to have favoured and encouraged
the immigration influx.
Illegal immigration in Greece, which in essence is systematic colonisation and
invasion-tolerance or dullness of both authorities and a large proportion of citizens, is
contemporarily with the underlying economic crisis, a bomb about to explode and
cause major internal destabilisation.
Destabilising factors within the Greek society such as the raise of the racist and NeoNazi political party of Golden Dawn are proposed by the author of the present study
to be further investigated systematically since their sudden assumption of political
power has afflicted tremendously the foundations of the Greek society having divided
the public opinion in two camps, those who are in favour of packing undocumented
immigrants who are considered as a threat to society in detention camps until their
deportation due to the high risk of their engaging themselves in criminal actions and
those who stand by the human rights enactments fighting for immigrants to be treated
as any other legitimate member of the society.
As to alternative suggestions for the Greek governments, it can be suggested the
enforcement of policing authorities and the judicial system with resources to assess
!61
!62
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