Criminology, climate change and the ‘useable past’

Saphia Fleury, ‘Falling Through the Net’ PhD Research Cluster

Wilberforce Institute, University of Hull

s.fleury-2019@hull.ac.uk

What are the harms inherent in human migration? Who are the victims and who is responsible? Does it make a difference whether somebody is fleeing environmental catastrophe rather than persecution or conflict? These are some of the questions I am grappling with in my PhD research, which seeks to understand the difficulties faced by migrants, particularly children, in the context of climate change.

My approach is somewhat unorthodox. I am trying to answer these questions by looking to the past, using case studies that are not directly connected to changes in the Earth’s climate. The first case study concerns the ‘boat people’ migration from post-war Vietnam (c.1975-1992), which is generally ascribed to political causes but also had environmental roots. The second is that of Montserrat, specifically the evacuation of more than half the island’s population following a series of catastrophic volcanic eruptions between 1995 and 1998. In what sense can these histories be considered ‘useable’, and provide an insight into future climate migration? For me, the answer lies in a perspective called eco-global criminology (EGC).

Like all branches of criminology, EGC is concerned with harms, victims and perpetrators. It seeks to predict future risks (to the environment, humans and animals) and develop solutions to prevent the worst environmental crimes occurring. Unlike many other branches of criminology, however, it is not limited to harms which are illegal. It also scans the global horizon for acts which are ‘lawful but awful’, which hurt the environment and by extension humanity, but are not strictly criminal. An important aspect of EGC is the transnational nature of these harms, and climate change is a truly transnational problem.

The two case studies, Vietnam and Montserrat, represent geographical regions with a history of major human migration and environmental degradation. In both cases, the people who fled their homes in the twentieth century, including large numbers of children, experienced human rights violations at the hands of the state and other actors.

Many of the children who fled volcanic eruptions in Montserrat came to the UK. Their arrival here often occurred after multiple relocations on their home island and in the Caribbean region. On arrival in the UK, some spent months, even years, in insecure and poor quality accommodation. The policies designed to prevent them leaving Montserrat in the first place, and later to protect them on their migratory journey, often failed to uphold their human rights. As a result, many of the children faced issues including poverty, insecurity, racism, trauma, family separation and a lack of educational attainment.

For all its failures, the evacuation of people from Montserrat was, to some extent, an example of planned and assisted relocation. For the boat people on the other hand, grave uncertainties, including a high chance of death, attended their irregular departure from Vietnam. Thousands were turned away by neighbouring states, resulting in many migrants perishing at sea. Others faced serious human rights abuses in camps and holding centres as they awaited resettlement.

By understanding the patterns of risk and harm that affected these migrants, EGC can help us to predict the risks that displaced persons may face in the future. Importantly, it also gives us the opportunity to prevent harm, by putting in place policies and programmes today that allow people to adapt to their changing environment, and/or protect them if they are forced to move. Vietnam and Montserrat are already experiencing climate change-related degradation and are forecast to experience worsening impacts in the coming decades. It is therefore possible that both countries will see a significant uprooting of their populations in the near future.

Today, Montserrat faces an increasing risk of strong hurricanes and, thanks to the destabilising effects of heavy rainfall, further volcanic activity. EGC can use the lessons of the past to plan for the future; to propose better policies to help Montserrat’s current generation of children remain in their homes, or in the worst case, to migrate safely and with dignity. Similar comparisons and lessons can be drawn from the Mekong Delta in Vietnam, where wartime environmental destruction led to massive food insecurity and was one push-factor in the boat people migration. Today, as flooding, drought and salinisation sweep through the Delta, similar issues threaten to uproot and scatter the rural poor. These examples of the ‘useable past’ provide the benefit of hindsight, and EGC compels us to anticipate and mitigate future harms to prevent another human tragedy.

In 1959, the environmentalist Peter Farb suggested that ‘life is like a delicate fabric’, presenting a romanticised vision of the interdependencies of the human and natural worlds. But his ultimate conclusion had a more ominous overtone:

The wonder is not that so many threads are necessary in the fabric, but rather than the fabric manages to exist at all. (P. Farb, Living Earth, 1960: 164)

When environmental harms pull at these threads, there is a grave risk that the structure will ultimately disintegrate. Both Vietnam and Montserrat have faced historical periods when the fabric of life certainly appeared to be falling apart, with both the natural world and human society hurtling towards a dangerous threshold. Climate change represents a similar existential threat today. Using an EGC approach may help prevent repetition of some of humanity’s past mistakes, as a small contribution to our collective battle against the gravest risk we face.

15 May 1984 – Vietnamese refugees wait to be rescued by the USS Blue Ridge from a 35-foot fishing boat 350 miles northeast of Cam Ranh Bay, Vietnam, after spending eight days at sea 
https://commons.wikimedia.org/wiki/File:35_Vietnamese_boat_people_2.JPEG 

Universal Children’s Day: A time to pause and reflect upon our ongoing research on children

Dr Elizabeth A. Faulkner

Lecturer in Contemporary Slavery

Wilberforce Institute, University of Hull

e.a.faulkner@hull.ac.uk

PhD students researching child exploitation at the W.I.

Charlotte Russell  c.russell-2018@hull.ac.uk

Jasmine Holding Brown j.holding-brown-2019@hull.ac.uk

Saphia Fleury s.fleury-2019@hull.ac.uk

James Baker j.baker-2019@hull.ac.uk

The 20th November is Universal Children’s Day (also known as World Children’s Day), as this was the date in 1959 when the UN General Assembly adopted the Declaration on the Rights of the Child and in 1989 the UN General Assembly adopted the Convention on the Rights of the Child (hereafter the CRC). This November then marks the thirty-first anniversary of the recognition of children’s rights and offers an opportunity for researchers working on child exploitation in the Wilberforce Institute to take a moment to pause and reflect together upon the role of children’s rights within their research. PhD students James Baker, Saphia Fleury, Jasmine Holding Brown, Charlotte Russell and Dr Elizabeth A. Faulkner (Lecturer in Contemporary Slavery) all work in the area of ‘children on the move’, interrogating both historical and contemporary abuses of children’s rights in situations where they are forced for a range of reasons to leave their homes and cross national borders.

As identified by Price and Cohen (1991) the CRC guaranteed the child’s ‘individual personality’ rights and set the minimum rights which states should recognise for children. But though the CRC is often celebrated for its universal acceptance (with the USA being the only State that has failed to ratify), questions still arise around its provenance and representation. Notions of the child and childhood have been heavily influenced by Western discourses and a romanticised ideal of childhood. The perception that ‘West is best’ is perpetuated in the CRC which can be interpreted as a new imperialism brandished under the guise of ‘children’s rights’, serving as an effective tool to ‘beat’ the Global South, in addition to deflecting from the continued Western dominance within the field of children’s rights. There are other problems too – within this construct children are residential, fixed and inherently local. What then does all this mean for us as researchers investigating ‘children on the move’?

The research of Jasmine and James considers historical exploitation and abuse of children perpetrated in the twentieth century in the form of British and North American ‘child saving’ schemes and the British ‘assisted child migration schemes’ to Australia.  Focusing on the early twentieth century prior to the drafting and adoption of the CRC, children were arguably invisible in the international legal system. Approximately 7000 children were taken from British (and some Maltese) orphanages and sent to work in Australia’s agricultural sector, living in farm schools thousands of miles from home, and many became victims of maltreatment, involving aspects of physical, verbal and sexual abuse. When such cases were reported to authorities by child migrants they were seldom believed, and even if they had been, children’s rights at the time were far less developed than they are today. In this way, justifications for such projects, which emerge from ideals of ‘saving children’ and of advancing British views through education, destruction of culture and populating colonies with ‘white British stock’, are interwoven into the legacy of children’s rights. It is striking how the welfare of children, or ‘children’s rights’ as we might now conceptualise them, can be tied so effectively to the ‘national interest’ in ways that ultimately harm children, assimilation through education being a particular case in point. 

If we look at children taking refuge from persecution and the consequences of conflict, this has been a matter of international concern since Eglantyne Jebb  (the founder of Save the Children), in 1920, declared that ‘the world’s children stand in urgent need of better protection’. Despite the fact that the treatment of children affected by armed conflict – the rights of refugee and asylum-seeking children  – had been dealt with by the Fourth Geneva Convention of 1949 and the Additional Protocol of 1977, they were not separately recognised in an international instrument until the adoption of the CRC in 1989 through Article 22. The research of Charlotte and Saphia considers the contemporary movement of children, with the former focusing upon children within European refugee camps and the latter upon child migration in the context of climate and environmental change.

Charlotte’s research advocates for the amplification of children’s voices in line with the rights afforded under international law, with the aspiration of addressing the impasse between policy and practice regarding the enjoyment of rights afforded by the CRC. The voices of children provide a link between the contemporary and historical aspects of this research, as each of the doctoral research projects seeks to centralise children.

Saphia’s research catalogues the inadequacies of the international legal framework to address children who migrate, whether domestically or internationally as a consequence of climate change. In contrast to any other international human rights treaty, the CRC provision for the protection of refugee and asylum-seeking children remains largely absent from mechanisms designed to tackle the human impact of climate change and environmental degradation. (Pobjoy, 2017; Myers & Theytaz-Bergman, 2017). The recognition of the rights of migrant children in the two Global Compacts on Refugees and Migrants has been lauded as the first intergovernmental agreement to recognise climate-related migration. However, the Compact (not legally binding) is far from flawless despite making a departure from the traditional international legal architecture that has been implemented to protect refugees. The protections afforded to environmentally displaced persons are not systematic and competing priorities in migrant protection may ultimately bury the issue of climate migration. There are also difficulties when we consider the rights of children that fall outside the traditional view of children as weak, passive and vulnerable in the context of contemporary migration, such as adolescents who have decided to migrate in search of economic opportunities, as this strikes at the heart of the international legal framework.

Children are victims of some of the most devastating examples of state sanctioned and private human rights abuse, within the context of international law. Migration is the field where children’s rights come face to face with and clash with the sovereignty of states, in particular their prerogative to decide on entry, residence, and expulsion of non-nationals. The conflict between the interests of the nation state and the rights of children opens an interesting space for research into the exploitation of ‘children on the move’ during the past two centuries and beyond. We look forward to continuing our research and further discussions on the exploitation of children and the global challenges connected thereto.

“Children’s Rights” by LindaH is licensed under CC BY 2.0
https://search.creativecommons.org/photos/2643bf16-3190-496d-827d-de8e4843eedf