GOVERNANCE OF MIGRATION AND ETHICS OMI – Fukuoka April 3, 2019

TWO CHILDREN DEAD IN THE SAND

GERMANY AND HUNGARY TOWARD REFUGEES

QUESTIONS Should anyone feel obliged to respond to the plight of migrants and refugees? How should the responsibility be distributed among countries? Is geography a criterion for moral responsibility? Is it possible to be Christian and have a divergent attitude toward migrants? Is such divergence coherent with Church teaching?

OUTLINE The framework: the Biblical inspiration Obligations toward migrants in CST and difference with international law The nature of CST obligations Conclusion

THE BIBLICAL INSPIRATION “The foreigner residing among you must be treated as your native- born. Love them as yourself, for you were foreigners in Egypt. I am the Lord your God” (Lv 19:34) Difference between ger, zar and nochri: anachronistic to apply such distinctions on today’s migrants The foreigner could be of any nationality The reasons for protection are: - the unprotected condition of the foreigner - the experience of Israel as foreigners in Egypt The original “responsibility” toward a brother

PROXIMITY and HOSPITALITY The duty toward the other as a duty of proximity First reading of the parable of the Samaritan: As Christ, the estranged in his own people, reaches out to the wounded humanity, so the disciple is invited to become neighbor to those in need. We are asked to be Samaritans toward the migrants wounded on the trail of migration. Second reading: the migrants want to become our neighbors. They are the Samaritans coming to our rescue. Do we allow them? “I was a stranger and you invited me in” (Mt 25:35). Normative hospitality

CHARACTERISTICS OF THE FRAMEWORK The commandment of love is normative and universal The foreigner is singled out because of his condition of unprotection (widow, orphan) And because Jesus identified himself with the foreigner From the biblical framework no specific policy can be derived But any policy can be judged against it

THE DEVELOPMENT OF CST TOWARD MIGRANTS It began receiving explicit attention by the Holy See during the great migration from Italy to the Americas (Brazil and US:1870-1913) It progressively acquired a universalistic character with the development of origins and destinations of migrants It is contained in the social encyclicals and it is object of specific attention in three main documents: - Exsul Familia Nazarethana (Pius XII 1952) - Nemo Est (Congregation of Bishops 1969) - Erga Migrantes Caritas Christi (Pontifical Council 2004) It is object of annual message and many other pronouncements

a. Obligation to ensure that migration is not a necessity CHURCH “Also the right of the individual not to emigrate is affirmed, that is, the right to be able to achieve his rights and satisfy his legitimate demands in his own country.” (EMCC 29 2004) INTERNATIONAL COMMUNITY “Women, men and children should be able to realize their potential, meet their needs, exercise their human rights and fulfil their aspirations in their country of origin, and hence migrate out of choice, rather than necessity” (GCIM 2005)

b. Obligation to admit migrants CHURCH “the natural right of the person not to be hindered from emigrating or immigrating is not recognized or is practically nullified under the pretext of a common good falsely understood or falsely applied, but nevertheless sanctioned and validated by legislative or administrative dispositions” (Pius XII) INTERNATIONAL COMMUNITY Art. 8 - 1. Migrant workers and members of their families shall be free to leave any State, including their State of origin… 2. Migrant workers and members of their families shall have the right at any time to enter and remain in their State of origin. (MWC 1990)

c. Obligation to protect the migrants’ families CHURCH Art. 12 The families of migrants have the right to the same protection as that accorded other families. b) Emigrant workers have the right to see their family united as soon as possible. c) Refugees have the right to the assistance of public authorities and International Organizations in facilitating the reunion of their families. (Charter on the rights of the family) INTERNATIONAL COMMUNITY Art. 44, 2. States Parties shall take measures that they deem appropriate and that fall within their competence to facilitate the reunification of migrant workers with their spouses or persons who have with the migrant worker a relationship that, according to applicable law, produces effects equivalent to marriage, as well as with their minor dependent unmarried children. (MWC 1990)

d. Obligation to ensure integration and cultural dialogue CHURCH The cultural practices which immigrants bring with them should be respected and accepted, as long as they do not contravene either the universal ethical values inherent in the natural law or fundamental human rights (John Paul II, Message on World Day of Peace, 2001) INTERNATIONAL COMMUNITY Investing in Cultural Diversity and Intercultural Dialogue

e. Obligation to respect the human rights of irregular migrants CHURCH His irregular legal status cannot allow the migrant to lose his dignity, since he is endowed with inalienable rights, which can neither be violated nor ignored” (WMDM of 1996) "What have you done to your brother?" (cf. Gn 4:9). The answer should not be limited to what is imposed by law, but should be made in the manner of solidarity” INTERNATIONAL COMMUNITY Migrant Workers Convention 1990 PART III: Human Rights of All Migrant Workers and Members of their Families

f. Obligations to assist victims of smuggling and trafficking CHURCH “modern form of slavery, which violates the God-given dignity of so many of our brothers and sisters, and constitutes a true crime against humanity.” Pope Francis Group Santa Marta Talitha Kum Renate INTERNATIONAL COMMUNITY PROTOCOL AGAINST THE SMUGGLING OF MIGRANTS BY LAND, SEA AND AIR (2000) PROTOCOL TO PREVENT, SUPPRESS AND PUNISH TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN (2000)

g. Obligations to avoid forced migration and to welcome refugees and asylum seekers CHURCH “every situation in which human persons or groups are obliged to flee their own land to seek refuge elsewhere stands out as a serious offence to God” John Paul II INTERNATIONAL COMMUNITY UNHCR Issues: Limitations in the definition, the cooperation among countries, extraterritorial processing, responsibility sharing…

THE NATURE OF CST OBLIGATIONS The juridical norms in the Instruction oblige the local churches in the pastoral care of migrants (canonical obligations) In the face of such widely varying situations it is difficult for us to utter a unified message and to put forward a solution which has universal validity. Such is not our ambition, nor is it our mission. It is up to the Christian communities to analyze with objectivity the situation which is proper to their own country, to shed on it the light of the Gospel's unalterable words and to draw principles of reflection, norms of judgment and directives for action from the social teaching of the Church. (Paul VI, Octogesima Adveniens 4, 1971)

COGENCY OF CST OBLIGATIONS NORMATIVE when the human dignity of the person is offended and when the human rights of migrants are violated, progressive when addressing the causes and consequences of migration, inspirational when envisioning a community and society that incarnate the dynamics of the kingdom of God

CONFLICT BETWEEN LOVE OF MIGRANTS AND LOVE OF CITIZENS? “for the immigrant is not the only neighbor Christians are called to love. There is also the neighbor citizen or resident of a nation, who may or may not be as vulnerable or needy as the immigrant neighbor in every case, but whose well- being is also a matter of concern for both the government and for Christian citizens.” (Lutherans) Love for migrants and love for fellow citizens does not have to be in conflict

AN ETHICS OF INCLUSION AND PROXIMITY The dynamics of poverty creation for the defense of the welfare of few should be radically revised. It is contradictory to frustrate the attempt of the poor toward development and at the same time reject them at the borders… Borders intend to impede that the poor become our neighbors. But if we do not allow them, we will just remain on the side of the street, victims of our own violence.

Workshop What is the ethical judgment on the migration policies of Japan and Korea? What is the ethical judgment on the attitude of the Church in Japan and Korea? What obligations do we perceive toward migrants?