RAZOR WIRED Reflections on Migration Movements through Slovenia in 2015 RAZOR WIRED Peace Institute Institue for Contemporary Social and Political Studies RAZOR-WIRED Photography CIP - Kataložni zapis o publikaciji Reflections on Migration Movements Marc-Antoine Frébutte - all photos except for Narodna in univerzitetna knjižnica, Ljubljana through Slovenia in 2015 Brežice, 27 October 2015 Peace Institute - Brežice, 27 October 2015 314.15(497.4)”2015”(082)(0.034.2) Editors Neža Kogovšek Šalamon & Veronika Bajt Reviews RAZOR - wired [Elektronski vir] : reflections Vesna Leskošek on migration movements through Slovenia Contributors Dragan Petrovec in 2015 / [contributors Maja Ladić ... [et al.] ; Maja Ladić editors Neža Kogovšek Šalamon & Veronika Bajt Katarina Vučko Publisher and copyright holder ; photography Marc-Antoine Frébutte, Peace Marc-Antoine Frébutte Peace Institute, Metelkova 6, 1000 Ljubljana, Institute]. - El. knjiga. - Ljubljana : Peace Institute, Neža Kogovšek Šalamon Slovenia 2016 Veronika Bajt Reflections on Migration Movements Mojca Pajnik The publication was made possible by Način dostopa (URL): www.mirovni-institut.si Vlasta Jalušič Norwegian Embassy Lana Zdravković ISBN 978-961-6455-79-4 (pdf ) through Slovenia in 2015 1. Ladić, Maja 2. Kogovšek Šalamon, Neža Language Editor 283226624 Tom Smith Layout Design Eva Kosel Map Design The contents of this book are the sole Tomato Košir responsibility of the authors. Table of contents Introduction 7 Neža Kogovšek Šalamon and Veronika Bajt Acknowledgements 11 Neža Kogovšek Šalamon and Veronika Bajt Slovenia’s Response to Increased Arrivals of Refugees: 15 We Don’t Want Them, But We Also Don’t Understand Why They Don’t Want to Stay Maja Ladić and Katarina Vučko The Role of Foreign Volunteers 31 Marc-Antoine Frébutte Legal Implications of the “Humanitarian Corridor” 39 Neža Kogovšek Šalamon Anti-Immigration Hate Speech in Slovenia 51 Veronika Bajt Migration in the Mirror of Mediatized Anti-politics 63 Mojca Pajnik Refugees, Migrants and Others: 73 The Demand for World Change or How to Think and Understand the Problem of Superfluousness? Vlasta Jalušič What Can We Learn from the Current “Migrant Crisis”? 87 Lana Zdravković Index 97 Neža Kogovšek Šalamon and Veronika Bajt A Note on Contributors 101 Reviews 104 Vesna Leskošek Dragan Petrovec RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Introduction Neža Kogovšek Šalamon and Veronika Bajt The reasons why this volume is needed and timely a continuation of their lives that were so rudely in-are many. Its title “Razor-Wired” wishes to signal a terrupted. Even though most refugees wish to return blunt yet honest symbolism of the on-going situation home as soon as possible, we should not overlook and the grim reality of the manner in which the so- the fact that “home” that once was no longer exists called refugee crisis is being tackled in Slovenia and where violence, hunger, collapse of the state and so Europe in general. In the fall of 2011, EU helped the on have become the new reality. Accepting this grim United States in overthrowing Gadafi’s regime in truth, many hence felt it was time to finally move on, Libya, while across the Middle East and North Af- try one more time to pursue their dreams of a better rica the so-called Arab Spring brought more destabi- life, a life worth living. For themselves and for their lization and increased the numbers of people fleeing loved ones, especially their children. their homes in search of safety, freedom, a better life. The “refugee crisis” which is the central theme of The book focuses on the period between September this work, therefore did not begin in 2015, but has and December 2015, a time of the so-called refugee a much longer trajectory. It has only very recently crisis. Discussing and analysing the increased arrival sparked interest in the European community, which of refugees to the Republic of Slovenia in the fall of had for years averted its eyes from the drowned bod- 2015, the goal of this volume is to present facts, ex-ies washing up on the beaches of the Mediterrane- plain changes in state policies and procedures used an. It could finally no longer pretend it was business to “process” the refugees, as well as critically analyse as usual when the refugees on the so-called Balkans state, media and the general public’s responses. Its Šentilj (no man’s land), 2 November 2015 migration route chose to cross over from the Middle aim is to deepen the understanding of the “refugee East to Greece and further, first through Macedonia, crisis”, increase the stakeholders’ ability of designing This photo was taken at 10 pm when around 1000 refugees Serbia and Hungary, later also Croatia and Slovenia. better policies for dealing with refugees and finally were still waiting in no man’s land to cross the border to to encourage the debate about the root causes that Austria. The night was really cold (around 2° Celsius) Why did they suddenly decide to leave the nearby force high numbers of people to leave their coun- and despite the fires that refugees were lighting, they had safe havens and why do they all want to go to Ger- tries. In spite of the fact that this book is a result of little option to warm up. When they were told to leave the accommodation centre in Šentilj, which is only around 400 many, Sweden, Norway, Finland, were probably the close-up observation and analysis of the situation in meters away, they were not informed that they would most most common questions posed by the puzzled public Slovenia, the analysis is equally relevant in the inter-likely have to wait long hours before crossing the border and in Slovenia, a country that used to be a part of Yu- national context, for this “crisis of response” involves arriving at another refugee camp in Austria. They did not goslavia until 1991. For one, Angela Merkel’s state- Europe as a whole. have the possibility to return to the Slovenian camp if they so ment that Germany will accept all Syrian refugees no desired, and remained outside without appropriate clothes, doubt resonated as an encouragement to the down- Already in the spring and summer, it became quite water or food. Only in cases of medical emergencies did the trodden people that have spent months, even years clear to an astute observer that in the event of Hun-police or soldiers escort them back to the camp. waiting it out in camps across Turkey, Lebanon or gary’s border closure the refugees will reach Slovenia. Jordan in gloomy conditions with no prospects for In the summer of 2015, the Slovenian authorities 6 7 → TABLE OF CONTENTS Neža Kogovšek Šalamon and Veronika Bajt | Introduction RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 started to prepare by drafting a contingency plan set- but was transporting them towards the Slovenian them applied for asylum in Slovenia and virtually ian organizations. Using this as an on-going opporting out the details of policies that would be applied territory in an organized way and did not respond none were successfully returned by the police, almost tunity to demand improvement of the conditions for in the case of increased arrivals. In August 2015, the to Slovenia’s readmission requests. Until mid-Janu-the same number of people left Slovenia towards the refugees, we retained a critical stance towards Peace Institute attended a meeting between the Min- ary 2016 this has not changed. In days that followed, Austria and other Western and Northern EU mem- the authorities throughout. All of these networking istry of the Interior and humanitarian and non-gov- the Slovenian authorities responded to the increased ber states. While the media was paying full atten- efforts, our groundwork and activist stance, as well ernmental organizations, where the contingency numbers of arrivals by deploying riot police, closing tion to refugee arrivals during the first two months, as our inclusion also in the field of academia, have plan was presented in greater detail. Considering the border, detaining people in the Aliens Centre the “refugee crisis” then slowly started disappearing therefore enabled us to encompass the developments the experience of Western Balkan countries, which and/or holding them within guarded fenced areas. from the news as well as from public discourse, even from multiple different perspectives, in this way al-had been subject to increased numbers of arrivals in though people continue to travel through Slovenia in lowing us to fully grasp the factual situation. the months before, it was clear that the plans that The state found itself in a completely new situation their thousands. The media spectacle of the first few were presented by the Slovenian government were in which the normative framework in place in the weeks was exceptionally similar to any other crisis At the end of October, after ten days of extremely inappropriate. The planned reception capacities of field of migration simply did not work. Civil socie-reporting and, as chapters in this book further elab- intense developments and the continuously increas-Slovenia were far too low and the authorities mises- ty actors also saw the danger of the government in-orate, this helped instil fear and intolerance among ing numbers of arrivals we observed that the condi-timated the alleged readiness of neighbouring coun- sisting on a strict implementation of the legal rules the Slovenian public. Without media coverage, most tions in various reception centres were not improv-tries to receive people back based on the readmission that were generally in place for such situations but residents of Slovenia would have no idea refugees ing, but were in fact deteriorating to the extent that agreements signed with Slovenia. The government’s were completely inappropriate for increased arrivals were even in the country, since their contact with the they could amount to a violation of Article 3 of the plans did not take into account the fact that most of people who desperately wanted to move on. With local population was restricted to a bare minimum. European Convention on the Protection of Human of the refugees will not apply for asylum in Slovenia an open letter to the government on 18 September Rights and Fundamental Freedoms which prohib-and that Croatian authorities will not be willing to 2015, they again publicly called for the establish-Throughout this time, the Peace Institute worked its inhuman and degrading treatment. Namely, the accept them when returned. ment of a safe passage. Finally, the government had on the issue of refugees on several levels that have temperatures were decreasing and on some loca- no other choice but to recourse to a practice that al- complemented our otherwise continuous research of tions people were held in fenced areas without food Fearing that Slovenia is insufficiently prepared and ready existed in Macedonia, Serbia and Croatia, but migration. The chapters in this volume offer analy- or water for many hours, forced to sleep out in the knowing that the migration route will eventually of which Slovenia did not even want to hear before ses of what happened that span across various disci- open, without appropriate protection. Accordingly, be diverted through this country, as it was evident – a humanitarian “corridor”: this means that the plines in an effort to introduce to the foreign public on 29 October 2015, the Peace Institute and other from Hungary’s persistent tightening of the migra- state enabled people to enter Slovenia and receive the developments surrounding the so-called refugee NGOs sent another public letter to the government tion policies and discourse, a number of non-gov- basic reception conditions and continue their jour- crisis in Slovenia. We carried out on-the-ground protesting the slow improvement of procedures and ernmental organizations (NGOs) addressed a letter ney towards Austria, even if they were without docu-monitoring of the treatment of refugees by the po- calling for measures that would prevent the threat of 25 August 2015 to the Slovenian Prime Minister ments. At the same time, the governmental discourse lice and other stakeholders, the provision of human- of human rights violations. On 6 November 2015, Miro Cerar, calling for a more open EU and Sloveni- turned into one of “security of people and their prop-itarian assistance by humanitarian organizations, we also issued a public statement problematizing an policy towards migrants and refugees, establish- erty” and “the protection of national interests”. The the respecting of their rights (and duties) by various more generally the militarized and securitized way ment of a humanitarian “corridor” and stronger sol- humanitarian aspect of the “refugee crisis”, to which stakeholders, as well as the registration and other pro- in which the Slovenian government was respond-idarity between the EU member states. The Prime the government discourse still paid at least lip service cedures. On numerous occasions, when approached ing to the increased numbers of refugee arrivals. Minister responded by meeting non-governmental in August, was no longer prevalent. by the media, we provided analysis and comments During this time we also attended, alongside oth- and humanitarian organizations on 28 August 2015, on state policies and problems that appeared on the er NGOs, a number of meetings with the author- ensuring that the first response to the “refugee crisis” Increased arrivals that started on 17 September 2015 ground. As a non-governmental organization and a ities pointing at specific problems such as the lack needs to be a humanitarian one and that migrations stopped after five days when Hungary re-opened its research institute, we have also endeavoured to coop- of heating, sanitary facilities, formula milk etc. In should be seen as an opportunity. However, this borders. Yet as of 17 October, when Hungary’s bor-erate with all the stakeholders involved, particularly addition, we organized a number of events, such as rhetoric changed immediately after the first bigger ders were finally closed, refugees could enter Austria using our “in-between” position for enhancing the public forums and lectures in order to encourage group of refugees tried to enter Slovenia on 17 Sep- only from Slovenia. Using this “corridor”, accord-voice of the activist groups and spontaneous initia- the discussion about the causes of conflicts and the tember 2015, by train from Croatia. Different from ing to the official statistics of the Slovenian Police, tives. Furthermore, we have had the opportunity to difficult economic situation in refugees’ countries what the Slovenian authorities have anticipated, the 396.240 migrants entered Slovenia from 17 Septem-engage directly with governmental actors through of origin for which the global West holds a clear Croatian police was not ready to accept people back ber 2015 to 7 January 2016. Since only a handful of the Coalition of non-governmental and humanitar- share of responsibility. 8 9 → TABLE OF CONTENTS Neža Kogovšek Šalamon and Veronika Bajt | Introduction RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 The analysis of existing policies shows that in theo- isting prejudice, especially towards Islam. As Moj-Acknowledgements ry an individual has the right to access asylum pro- ca Pajnik’s chapter elaborates, media reporting has cedure and claim protection in EU member states. shown the declining responsibility of (public) media However, the definition of a refugee has become in their relation to the public. Instead of providing The production of this volume was made possible by the Norwegian Embassy whom we thank sincerely for too narrow for all the groups that seek refuge from space for informed deliberation, most media outlets their support. Furthermore, this book would most likely not exist without the support of the Open Society life-threatening circumstances and physical integrity merely echo the elite discourse, in this way reproduc-Initiative for Europe (OSIFE), a European branch of the Open Society Foundations, which supported our or wish to escape economic exploitation and despair. ing the framing of migration as a threat to the nation activities in relation to refugees. Without their support we would not be able to be so closely involved and The current “refugee crisis” is a reflection of the in- and to society. As explained in the chapter by Vlasta attentive to all different aspects of the “refugee crisis” in Slovenia and Europe. Also, there is a great need to ex-ability of the state and that of international law to Jalušič, introducing measures for the “control of mi-press our gratitude to all humanitarian and non-governmental organizations in Slovenia, as well as numerous provide protection for them. All EU member states gration flows”, the tightening of asylum legislation individuals and informal initiatives. Our constant exchange of information, mutual support and solidarity have ratified the Geneva Convention and are bound and the erection of a razor wire fence, are signs of all expressed in common activities has aimed at improving the situation of refugees. We are also grateful to the by the EU asylum and migration law which sets of us renouncing the ideals of equality and freedom. United Nations High Commissioner for Refugees for ensuring strong presence in Slovenia and significantly forth basic guarantees for people seeking protection. The book title’s allusion to the “razor-wire” does not improving refugees’ situation. Finally we would like to thank all the colleagues that made the realization of However, in practice, access to asylum is difficult and only carry an eerily fitting description of the obvious this volume possible, particularly the language editor Tom Smith, layout designer Eva Kosel, map designer most people are forced to try to access the territory of physical barrier of limitation, but is also a powerful Tomato Košir, as well as reviewers professors Vesna Leskošek and Dragan Petrovec. the EU member states by using irregular means. Le- symbol of ignorance and a dead-end, uncompassion- gal access to territory is now practically impossible. ate attitude towards refugees as our fellow sufferers of the human condition – the Other. Concluding Taking this into account, the present volume wishes the volume, Lana Zdravković hence calls for a real-to emphasize that the humanitarian crisis in the so- ization that it is high time to acknowledge radical called “refugee crisis” could have been prevented and equality where crossing the border stops being a priv-could have been at least better addressed if the au- ilege of rich people from “dominant nations”. thorities would have put the human rights perspec- tive at the core of their endeavours. Investigating the The Editors gaps between law and state practice, Neža Kogovšek Ljubljana, 19 January 2016 Šalamon analyses the legal implications of the factu- al corridor that Slovenian authorities eventually put in place. Chapters by Maja Ladić, Katarina Vučko and Marc-Antoine Frébutte illustrate what exactly went wrong and how the treatment of refugees could have been bettered. Instead, the situation was treated as a natural disaster and a security threat, hence the response of all the stakeholders/actors within such a context has had only a limited room for manoeuvre. Heavily burdened also by the wider EU security dis- course, the Slovenian authorities, a number of media outlets, as well as a significant portion of the public reacted accordingly: with anti-immigrant prejudice and racist hate speech. As analysed by Veronika Bajt, intolerance spiked as a reaction to the rapid increase of various media reports, problematic rhetoric of the political elite, as well as stemming from pre-ex- 10 11 → TABLE OF CONTENTS Map of Reception and Accommodation Centres A U S T R I A H U N G A R Y Murska Sobota Šentilj (main accomodation centre–refugee camp, exit point) Gornja Radgona (used daily October-December, closed January 2016) Dolga vas (only for registration) Mura Lendava (used occasionally October/November) Maribor Petišovci (only for registration) Drava Jesenice (exit point) Karavanke tunnel (exit point) Ptuj Središče ob Dravi (used in October 2015–refugee camp) Gruškovje (only for registration) I T A L Y Kranj Celje (used occasionally October/November) Dobovec (only for registration) Bistrica ob Sotli (only for registration) Ljubljana, capital Sava Vrhnika (used occasionally October/November, closed November 2015 Nova Gorica Brežice (closed since November 2015) Key: Dobova (main entrance centre–refugee camp) Logatec (used occasionally in October 2015) Railway Rigonce (entry point) Roads Postojna (Aliens Centre) Reception Centres Accommodation Centres Neither Reception Centre nor Accomodation Centre Razor-wire fence (details on exact location are not publicly available) A D R I A T I C Koper Note: In September and October 2015, S E A the refugees were transported to many Kolpa different reception and accommodation centres in Slovenia. From November 2015 C R O A T I A to January 2016, Dobova (as an entry point and reception centre), Šentilj (as an accommodation centre and exit point), Jesenice and Karavanke (both as exit points) were established as the main stations on the refugees' route through Slovenia. RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Slovenia’s Response to Increased Arrivals of Refugees: We Don’t Want Them, But We Also Don’t Understand Why They Don’t Want to Stay Maja Ladić and Katarina Vučko ABSTRACT This chapter focuses on the manner in which the Republic of Slovenia prepared for and responded to the increased arrivals of refugees in the summer and autumn of 2015. It de- picts the plans the state has made when it became clear that the “Western Balkans mi- gration route” will eventually involve Slovenia. It discusses how these plans were enacted and amended once it became clear that the plan to only accept persons that will apply for asylum in Slovenia and return the others, was inadequate. The chapter also presents ex- perience from the ground and describes reception conditions provided for refugees. The chapter concludes that although a system of registration, reception, accommodation and transportation was established, repressive measures such as building of a razor-wire fence Dobova, 13 November 2015 on the Slovenian-Croatian border and lowering of the standards of international protec- tion raise concern about future developments in Slovenia as the “refugee crisis” continues. This photo shows refugees waiting/resting after the registration procedure in one of the three heated tents. There are no folding beds available therefore people sit or lie on the floor (or stand). Since there are no waste containers, the Keywords: leftovers of food, old clothes and other trash are scattered around. Refugees don’t have access to running water, let Refugees, “refugee crisis”, corridor, contingency plan, reception conditions alone showers. To ask for clothes, shoes, sanitary material or medical assistance, they are dependent on volunteers, as they are not allowed to walk around the camp unescorted. 14 15 → TABLE OF CONTENTS Maja Ladić and Katarina Vučko | Slovenia’s Response to Increased Arrivals of Refugees RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 INTRODUCTION THE STATE ’S RESPONSE foreseen accommodation for only 900 asylum seek- between the two states. However, Croatia refused TO MASS ARRIVALS ers, which was less than the number of daily arrivals to accept them. In order to prevent new arrivals, to Slovenia’s neighbouring countries at that time. the Slovenian and Croatian police suspended the This chapter is based on the observations of the The plan did not specify the procedures and recep- international train line between the two countries Peace Institute staff while monitoring the state’s re- tion conditions for thousands of people per day who (Slovenske železnice, 2015). Refugees who intended sponse to mass arrivals of refugees and while visiting Planning might be sent to Slovenia by Croatia but would not to come to Slovenia by train, but could not do so reception and accommodation centres for refugees in apply for asylum. because the train line was suspended, reached Slo- Slovenia. In the summer of 2015 it became clear that In July 2015, the government adopted the Contin- venia’s borders with Croatia by foot or other private Slovenia would not avoid increased arrivals of refu- gency Plan of the Republic of Slovenia to ensure means of transportation. When they arrived at the gees and migrants who were trying to reach the Eu- accommodation and supply in case of increased Facing reality land border crossings, the Slovenian police refused ropean Union (EU) through the “Western Balkans numbers of applicants for international protection. them entry and the refugees were stranded in no migration route”. At the time the route was passing The government’s position was that asylum seekers In September 2015, Hungary finished building a fence man’s land, in the rain, without shelter, food, wa-through Serbian and Hungarian territory. In light of should be differentiated from the “illegal”, “econom-on its border with Serbia and prepared to enforce leg- ter, sanitations or medical help (Videmšek, 2015). the continuing armed conflicts in the Middle East, ic migrants” that “abuse” the international protection islation under which the irregular crossing of a state The pressure was building up as the refugees were mass influx of refugees to Greece and Turkey and fi- system; different categories of migrants should be border would be punishable by a custodial sentence protesting jointly with local activists, to which the nally Hungary’s announcement that it will close its identified and different measures within the auspices (MMC RTV SLO, 2015a). This was a strong signal police on some occasions responded with teargas borders with Serbia and Croatia, Slovenia started to of national and EU legislation should be adopted ac-that the migration route will change and Slovenia (MMC RTV SLO, 2015c). This also meant that prepare for possible larger numbers of refugees cross- cordingly. The measures foreseen by the government intensified its preparation by increasing the number migrants started entering Slovenian territory at the ing its borders.1 focused on provision of adequate accommodation of accommodation capacities, however only for asy- green border, outside the official border crossings, and protection for asylum seekers, while the plan for lum seekers. Cooperation between the Police, Civil however all those apprehended while doing so were In the past years, the number of irregular crossings irregular migrants who would not apply for asylum Protection2 and humanitarian organizations (HOs), registered and placed under detention. The situa-of Slovenian borders was low and decreasing. As a included only measures of restriction of movement among which the Slovenian Red Cross and Slovenian tion was rather chaotic. It seemed that the Slovenian transit country, Slovenia was also receiving very few and return. They would be returned to their coun-Caritas have the strongest role, was established. At the government was taking ad hoc decisions, without a applications for international protection. In 2014, try of origin or the country they entered from on the same time nongovernmental organizations (NGOs) clear plan. Tensions occurred between Slovenia and only 385 persons applied for international protec- basis of a bilateral agreement on the readmission of and HOs formed a coalition for cooperation, coor- Croatia, and the Slovenian Prime Minister Miro tion, mostly citizens of Syria, Afghanistan, Pakistan, persons whose entry or residence is illegal. The gov-dination, monitoring and communication with the Cerar stated that Croatia lost all control immedi- Kosovo, Somalia, Iran and Nigeria (MNZ, 2015a). ernment rejected any idea of a humanitarian “corri- authorities. ately after the arrival of the first groups of refugees Due to the low numbers of migrants and asylum dor” that would allow refugees to merely transit Slo- and accused it of intentionally directing refugees seekers Slovenia did not have large reception facil- venia’s territory as this was not foreseen by national In mid-September, Hungary closed its border with towards Slovenia, abandoning the joint border con-ities and was not experienced in dealing with large or EU law. This idea was rejected in spite of the fact Serbia and the migration route was re-directed trol agreement (MMC RTV SLO, 2015b). migration movements, which resulted in slow prepa- that at the time such a humanitarian corridor already towards Slovenia. At first, the authorities tried to ration and a plan that had a number of flaws. existed in Croatia through which people were being follow the procedures foreseen in the contingency However, similarly to other countries along the transported to Hungary. The plan of the Slovenian plan. On 17 September, the first group of around Western Balkans migration route, the Sloveni- government therefore completely ignored the sit- 200 refugees arrived to Slovenia (Dobova) by train an authorities became aware that some kind of uation in Slovenia’s neighbouring countries which from Croatia. They did not apply for asylum in Slo- a de facto “humanitarian corridor” would have were only transited by the refugees trying to reach venia, thus Slovenian police treated them as irregu- to be established in order to deal with the situ- western EU member states. Another symptom of the lar migrants and tried to return them to Croatia in ation. After two days, Slovenia began to allow government’s short-sightedness was that the plan had accordance with the readmission agreement signed all refugees to enter the country at official bor- 1 In this chapter the term “refugees” is used as a generic term for persons travelling on the “Western Balkan route” and does not intend to imply that these 2 Civil Protection is a part of an organized system of protection against natural and other disasters or a specific part of organized forces for protection, persons were granted international protection status. rescue and assistance. It falls under the Administration of the Republic of Slovenia for Civil Protection and Disaster Relief which is a constituent body of the Ministry of Defence (MO, 2015). 16 17 → TABLE OF CONTENTS Maja Ladić and Katarina Vučko | Slovenia’s Response to Increased Arrivals of Refugees RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 der crossings, and after registering them, enabled tember, and up to 9.000 in October. The centres set hot water, despite very low temperatures for most of ble violation of Article 3 of the European Convention them to continue their way en route to Austria. After up for refugees consisted of reception centres and the time. After being registered, people were provided on the Protection of Human Rights and Fundamen-five days, the route through Slovenia was temporarily accommodation centres. Initially, reception centres with a cold meal (usually consisting of bread and fish tal Freedoms (see The call to the Prime Minister of halted as Croatia again started transporting refugees (which are located mainly at the border with Croa-cans), apples, milk for the children and water. There Slovenia Miro Cerar by NGOs, 2015). to its border with Hungary. In mid-October, Hunga- tia and are under the supervision of the police) were were some cases when people did not receive even cold ry completed building the fence on its Croatian border, designed as locations where refugees would remain meals, and there were constant problems with provid- Conditions in accommodation centres were signifi-consequently completely closing its border with Croa- only for a short period of time in order to be regis-ing children and babies with special food or formula cantly better. In time, with better organisation and tia. Since then, the main Western Balkans migration tered and to receive basic humanitarian assistance. milk (Mirovni inštitut, 2015c, 2015d, 2015e). If refu- coordination among all stakeholders, reception con-route has run through Slovenia. At the same time, the Then they would be taken to accommodation cen- gees were “lucky” to arrive to a reception centre with ditions at the reception centres also improved. Ref-Croatian police started transporting people towards tres where higher quality humanitarian assistance heated tents such as those in Dobova or Šentilj, they ugees were mainly brought to heated tents, received Slovenia, releasing them a few meters before the border and living conditions would be ensured. Accommo-were certainly better off than those arriving at Brežice, food upon arrival in the centre before the registration and pointing them in the direction they needed to go. dation centres, which are under the supervision of the for example (Mirovni inštitut, 2015c, 2015d, 2015e). took place, had access to medical care, and could re- Slovenia tried to place an upper limit to the number of Civil Protection, were designed as locations where ceive warm clothes, shoes and blankets. The system migrants it was wil ing to receive. However, having to refugees would remain for a longer period, rest over-The reception centre in Brežice, which is now closed, of provision of basic care is now in place, however, it deal with mass arrivals itself, Croatia was not ready to night, take a shower, and have a hot meal, before con-can be highlighted as an example of a centre with the still often fails in practice (Mirovni inštitut, 2015i, accept these terms. Consequently, the Croatian police tinuing towards Austria. However, it became obvi-worst conditions in Slovenia. People were forced to 2015j, 2015l). Generally, the treatment of refugees started bringing people to the border crossings that had ous very quickly that in practice this system was not wait outside in an empty fenced muddy area despite depends on the day, location and people working at not been agreed on between the two states. functioning as planned (Mirovni inštitut, 2015b). very cold or rainy weather, also at night, without ac- that location (the police, the staff of Civil Protec-cess to food (sometimes for over 12 hours), clothes or tion, Red Cross and other HOs, and volunteers). It In the meantime, Slovenia set up larger reception and Namely, people were often forced to wait long hours blankets. Access to toilets was also a problem due to also depends significantly on coordination among accommodation centres near the borders (at the entry before crossing the border into Slovenia, yet alone ar-overcrowding in some parts of the area which made all these actors at each location. When the coordi- and exit points) and organized transportation lines riving at a reception centre. Even later, when Slovenia access to toilets located at the other part of the area nation is good, work is divided well, and services are between them. Some of the centres were completely and Croatia concluded an agreement that all refugees impossible. Among the people spending a night or provided by people that really care, the refugees also inappropriate for the reception of large numbers of would arrive to a location in Slovenia by train or bus two outside there were many children and babies. In receive better treatment and support (Mirovni inšti-refugees. As we describe in the following section, the organized by the Croatian authorities, without even order to warm up, people made fire by burning wood, tut, 2015a). In the opposite case, insufficient coordi-reception conditions in some of these centres were stopping at the border, people had to wait on the train but also blankets, plastic and other trash. The smell nation results in: completely inadequate. or bus for several hours without access to food, water, was terrible, the air was smoky and it was difficult to medical care or other assistance (Mirovni inštitut, breathe, especially for sick people and small children. • groups of people not receiving food for many 2015b). Therefore they often arrived to reception cen- People did not receive information about the proce- hours because some staff members thought Reception conditions tres exhausted, hungry, thirsty, in need for medical dures and the prospects for the continuation of their refugees already received it but did not bother in reception and care, and desperate to use a toilet. However, the Slo- journey (Mirovni inštitut, 2015c, 2015d, 2015e). to check if this was true; venian authorities set up a system according to which accommodation centres, • babies not getting special baby food or formu- everyone had to be registered first before receiving The conditions in Rigonce (Mirovni inštitut, 2015h) la milk because no one remembered to distrib- at train stations and at the humanitarian assistance. Exceptions were made only and for a long time also in Šentilj between the two bor- ute it or there was no heat available or there for those in urgent need of medical care (Mirovni in- ders (Mirovni inštitut, 2015f, 2015g) can be described borders were no baby bottles at the site, with no one štitut, 2015c, 2015d, 2015e). as chaotic and inhumane. Both locations were basical- arranging for more bottles to be brought from ly just empty areas with no facilities for people wait- the main warehouses; In terms of capacities set up for refugees, the statis- Due to very slow registration procedures, especially at ing long hours to enter or exit the country. Based on tics regarding the number of people that Slovenia the beginning, people were forced to wait in reception their observations of the situation first hand, a group • people not receiving clothes or shoes because was able to “host” at a specific point in time provid- centres for long hours, sleep outside overnight or in ex-of NGOs, specializing in human rights monitoring, the refugees did not have access to the distri- ed by the Slovenian government varied significantly: treme cases several nights. In many instances there was raised concerns that such conditions might amount to bution tent and volunteers were not specifical- around 900 in August, then around 4.000 in Sep- no running water available, showers, hot meals, tea or inhumane and degrading treatment leading to a possi-ly told to approach them and ask them what 18 19 → TABLE OF CONTENTS Maja Ladić and Katarina Vučko | Slovenia’s Response to Increased Arrivals of Refugees RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 they need, or simply because there were no refugees arriving from Croatia reached the Slove- already obvious that only those that “fit in the Registration procedure more jackets or shoes at the site and no one ar- nian border, large HOs such as the Slovenian Red system” were welcome to be present in the field ranged for more items to be brought from the Cross and Caritas proved to be very rigid and slow (Mirovni inštitut, 2015e), meaning that they We have observed the registration procedure on main warehouses; in their response. Smaller NGOs, HOs and espe- strictly followed the instructions, obeyed their several occasions in October and November. At cially self-organized activists were often the first superiors and did not question the system. At one first, the police were carrying out full registration • people not having access to running water be- to help and assist people in the field, sometimes point, the media were also no longer allowed in- procedures, however later on this changed and cause the police had erected fences all around even the only ones to do so. They provided food, side or anywhere near the refugee camps. As this varied from one day to another, depending on the the tent where people were supposed to wait set up field kitchens, collected donations and ar- is still the case, most information about the situ- situation, location and the number of people ar- and did not allow them to move beyond these ranged distribution etc. ation in reception and accommodation centres is riving to Slovenia per day. perimeter fences; or spread through social media. • hundreds of people being forced to use only a In the beginning of the crisis, the state structures Each registration procedure started with the “se- couple of toilets which were in terrible condi- seemed slow on their feet, failing to meet the re- HOs and NGOs have been coordinating their curity check”. The police examined each person tion, again because the police set up fences in quirements that the situation demanded in an ad- work and exchanging information throughout and their belongings – male police officers were such a way that prevented refugees access to equate time frame when activating mechanisms the crisis. Within a larger coordination two spe- examining men, while women and children were other 20 or more toilets available on the other such as Civil Protection in order to start tackling cific groups were formed: HOs and monitoring examined by female officers. At this point the po- side of the reception centre. the emergency at hand. The same goes for larger NGOs. Organizations from the monitoring group lice seized all potentially dangerous objects (i.e. HOs. However, as soon as they were prepared and (the Peace Institute also being part of it) are the knives) and examined mobile phones of randomly present in the field, they made it abundantly clear only ones with access to all reception and accom- selected persons. The police checked the photos, One of the problems observed was that medical care, that self-organized groups or individuals were no modation centres. The main purpose of their call history and contacts saved in those phones. which was in principle accessible to all, was by police longer needed nor wanted. Observing from a dis-presence in the field is to monitor the situation Occasionally, especially after the November ter- officers often seen as necessary only in very urgent tance, it all seemed as a strange game in which the and protection of human rights of the refugees, rorist attacks in Paris, the police randomly select-cases. Sometimes the police did not allow volunteers state and large HOs were pushing “unregistered” observe the provision of reception conditions, an ed people for more thorough examination with to escort adult refugees to the medical tent if they volunteers away. Quite quickly the latter were adequate care, ensure provision of information, the assistance of an interpreter. did not look sick. When it came to children, the banned from all locations, not only reception and identify problems and suggest solutions. However, police were mostly more understanding (Mirovni accommodation centres, but also in no man’s land also these organizations, when in the field, were After the “security check” the registration pro- inštitut, 2015i, 2015j, 2015l). The problem of inad- and Dobova train station. The state and large HOs often performing humanitarian work, mainly as cedure began. Families were being registered to-equate provision of basic care was aggravated by the defended such stance towards self-organized vol- a result of bad coordination among the others in- gether. In its full extent, this meant the police fact that refugees were not allowed to leave the camp unteers by stating that they did not have enough volved. The group of NGOs wrote several appeals checked the documents of those people who had (Mirovni inštitut, 2015a). food or clothes to be distributed to all refugees, and had several meetings with the authorities, as them or took personal details from each person which might cause chaos and fights among them, well as with the HOs in order to raise issues of (name, date of birth and country of origin), fin- or that their behaviour was inappropriate (MMC concern and call for resolving them. In addition gerprints and a picture. Each person was then is- The role of non- RTV SLO, 2015e). to these organizations, the United Nations High sued a document called “permission to remain” Commissioner for Refugees (UNHCR) is pres- in Slovenia with validity of six months based on governmental and Issues of inappropriate behaviour of some “reg- ent in all reception and accommodation centres Article 73 of the Aliens Act. This document was humanitarian organizations istered” volunteers operating within HOs have as well as entry and exit points. Its main role is issued to them only in Slovenian language thus been raised as well (for example, there were ob- to monitor the rights of refugees, the provision of the refugees could not understand it. By this and other volunteer groups servations that some of these volunteers were information on access to asylum procedure in Slo- decision, refugees are legally allowed to move blocking the distribution of assistance and avoid- venia, and material humanitarian assistance to the freely within Slovenia’s borders. But in reality The role of NGOs and HOs as well as self-organ- ing contact with the refugees), however we have Slovenian government. they are deprived of their liberty as they are kept ized ad hoc groups, activists and volunteers was received no information that any charges had within the “corridor” - they are not allowed to and continues to be crucial for the provision of been brought against them or that anyone had leave the centres or continue their way towards basic care for the refugees. When first groups of been banned from the camps. In October it was Austria on their own. The transport is free of 20 21 → TABLE OF CONTENTS Maja Ladić and Katarina Vučko | Slovenia’s Response to Increased Arrivals of Refugees RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 charge, however, by limiting people’s movement, sometimes not possible or difficult (Mirovni inštitut, their superiors. The fact that the uniforms of most not refused entry to the Schengen area. This group they are left to the conditions and the care provid- 2015b, 2015d, 2015j). The role of translators was and policemen and soldiers do not have name tags and that of Moroccans did not receive unequal treatment ed by the state. continues to be indispensable. Very valuable was also many of them wear balaclavas (mask caps that cover only in comparison to other refugees, but also in the presence of volunteers from different countries their faces), further promotes the sense of impunity. comparison to other citizens of Morocco transiting Already in October we noticed that in practice the (some were from as far as USA) that spoke the Arabic We have raised these concerns in the Peace Institute’s through Slovenia. Around 160 of them arrived to registration procedure was different from one day to or Farsi language. Often refugees that spoke English Letter to the Police (2015). Slovenia only one day later, on 16 November, and another. When the number of people arriving was the were asked to help out in different situations. were not separated from other refugees nor were highest, it seemed that at some locations the police were they taken to the Aliens Centre. They were allowed only writing down personal details of refugees on paper Differentiation of people on to continue their way to Austria within the corridor spread sheets without entering them into a computer. Deteriorating attitude of with other refugees (24ur.com, 2015). These 79 Not everybody was asked to give their fingerprints grounds of nationality men from Morocco were in the Aliens Centre for at anymore, and in the second half of November the the police and the army least three weeks. On 4 December, approximately police did not issue the “permission to remain” to towards the refugees There are confirmed cases of refugees that the half of them were released from this institution, all refugees (Mirovni inštitut, 2015j, 2015l). Republic of Slovenia did treat differently from the while the rest were released in days that followed rest of refugees based on their nationality. On 15 (Policija, 2015a). It was clear since the first day that At a number of occasions we have observed November, a group of men from Morocco arrived the Slovenian authorities could only return them unprofessional conduct of policemen and soldiers The lack of interpreters (together with other refugees) by train to Dobova. to Morocco in the form of voluntary return which towards the refugees (Mirovni inštitut, 2015f, 2015j). They were separated from the rest of the refugees only four refugees agreed to. On 3 December after It seems that the longer Slovenia is experiencing and were not allowed to continue their journey Croatia rejected the request to accept them on the By law, interpreters should be present during the reg- increased arrival of refugees the worse the conduct of to Austria. Without any explanation, they were basis of the bilateral readmission agreement, the istration procedure as the majority of the refugees do the officers is getting. Humiliating remarks, cursing taken to the Aliens Centre3 in Postojna instead. We Slovenian authorities issued them “permission to not speak English and neither do many of the police and harsh pushing were witnessed in situations that visited the Aliens Centre, had a conversation with remain” documents and enabled them to continue officers. However, the state has provided only a very did not justify such behaviour whatsoever. On the the manager of the centre, went to all the sections their journey together with other refugees within small number of interpreters in October, while in No- contrary, refugees were calm and were keen to follow of the building, observed the conditions there, and the corridor (Mirovni inštitut, 2015k). vember we have not seen any interpreters deployed to the instructions of the police. But the instructions talked to people of different nationalities that were the field by the state any more. Since October, UN- were often unclear and people were even yelled at in the detained there. At the time of our visit there were HCR is providing a larger (but still insufficient) num- Slovenian language. The most critical moments when around 100 people detained, among them 79 men ber of interpreters for Arabic and Farsi languages and such conduct was observed were during registration Asylum seekers in Slovenia from Morocco. 71 of them were separated from most of the time one interpreter for each language is and boarding on buses and trains when refugees the larger group of refugees that arrived to Dobova since September present at each reception or accommodation centre. were leaving an accommodation or reception centre. by train, and eight of them travelling on their own Inappropriate conduct was often a consequence of outside the corridor were returned to Slovenia from The so called “refugee crisis” did not result in a high Interpreters were needed at all times, to translate for the police and the army creating confusing situations Austria. Other refugees detained in the Aliens number of asylum applications in Slovenia at the time. the police during the registration procedure, for doc- which the officers then “resolved” by yelling and Centre were from Syria, Iraq, Iran, Lebanon, Egypt, In 2015, the number of applications for internation-tors during medical assistance, for volunteers during pushing. These situations were sometimes connected Tunisia, and were all refused entry to the Schengen al protection in Slovenia was even significantly low-the distribution of clothes. At times, the police re- with the fact that refugees arrive en masse which area already in Greece (Mirovni inštitut, 2015k). er than in 2014. Out of more than 300.000 people quired an interpreter to go to the police station to assist involves potential stampedes that the police address that transited the state from September to December with a thorough examination of a randomly selected by employing crowd control tactics. Unnecessary It remains unclear why the police took the decision (Policija, 2015a), only around 100 persons lodged an person, or to escort the patient to a nearby hospital. In yelling and pushing caused panic situations which to restrict the Moroccans’ freedom of movement and asylum application (MNZ, 2015a). According to the such cases the only interpreter for a certain language resulted in the separation of families who got lost on which legal grounds, as these Moroccans were official statistics 4 applicants were from Syria, 11 was absent for a long time, meaning that there was no and ended up going to different locations or crossed one else at the reception or accommodation centre to the border with Austria separately. We did not notice translate, thus the communication with refugees was policemen getting reprimanded for their conduct by 3 “The Aliens Centre is a police service responsible for efficient and effective removal of foreigners from the country. Its task is to accommodate and provide care for foreigners in its facilities for the period that is necessary for the deportation procedure” (Policija, 2015b). 22 23 → TABLE OF CONTENTS Maja Ladić and Katarina Vučko | Slovenia’s Response to Increased Arrivals of Refugees RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 from Pakistan, 23 from Iraq, 16 from Iran, 15 from should Slovenia ever decide to create one. In case As already mentioned, refugees’ freedom of move- delegating some of the police powers to the army in Afghanistan, and the rest from Albania, Serbia, of high numbers of arrivals of refugees who would ment is restricted which is in line with the govern- order to protect the state border if the security situ-Kosovo, Bosnia and Herzegovina and some other apply for asylum at the border or in a transit zone, ment security discourse. Such discourse is paving ation so required (Act Supplementing the Defence countries (ibid.). Around half of the asylum seekers these procedures could be carried out at these loca-the way for further securitization of the mass mi- Act, 2015). The justification for the amendment was applying since September have already left Slovenia tions if the asylum seekers are accommodated close gration flows Slovenia is experiencing. Restriction that the Slovenian police do not have the sufficient and continued on their way, without having waited to the border or in a transit zone. In such procedures of personal freedom also corresponds directly to the manpower to manage such migration flows and that for the asylum procedure to end. the deadline for issuing a decision would be 14 days. public’s belief in the “dangerousness” of the refugees the assistance of the army is urgently needed. This The draft law also foresees the abolishment of the – the government is convinced that these are the amendment was adopted regardless of the fact that In spite of these low statistics and based on the ex- one-time financial assistance for persons with the kind of policies that are to be expected from author- the existing law already allowed engagement of the perience with the “refugee crisis”, the government is status of international protection who would not ities, should they retain the trust of the public. Fur- army through the responsibility to protect in “natu-considering further restrictions to Slovenia’s asylum have sufficient financial means for basic subsistence. ther securitization of state policies is visible from the ral and other disasters” and that the army was at that legislation. In November 2015, the Slovenian Prime If these amendments are adopted, the already re-fact that, within the centres, refugees are supervized time in fact already present on the ground. From the Minister Miro Cerar stated that Slovenia is consid- strictive asylum procedure that has always resulted by overwhelming numbers of police officers and sol- perspective of the authorities the problem was, that ering a stricter regime for asylum seekers. Although in low recognition rates will become even stricter, diers in full gear, including weapons. This creates a before the amendment the army was only allowed to he himself stated that Slovenia’s legal standards for approaching the bare minimums set by EU Direc-threatening environment and provides for an im- act hand in hand with the police, while these amend- asylum seekers are lower than those of Germany or tives. It seems that Slovenian authorities are prepar-pression of “state of emergency” or an extraordinary ments would allow soldiers to act independently. A Sweden, and are already close to the minimum lim- ing for larger numbers of asylum seekers that might “security situation”. In reality this type of police and serious concern was raised by the fact that the va-its set by EU law, he still sees possibilities for a strict- start applying for asylum more massively should the army presence is not needed at all (Mirovni inštitut, lidity of this amendment is not temporary and tied er regime if necessary (MMC RTV SLO, 2015d). border with Austria close down. 2015c, 2015f). Namely, between 16 October and 12 to this particular situation (the “refugee crisis”). On Indeed, just a month later, the Ministry of the Inte-November, the period in which 188.000 refugees the contrary, on the basis of this amendment the rior presented a Draft International Protection Act, entered Slovenia, the police had to intervene only delegation of powers can be activated at any time if materialising the Prime Minister’s announcement 23 times and only nine times measures of repres- supported by a two-third majority of the members of of restrictions (MNZ, 2015b). Earlier in 2015, the Securitization and sion were used (MMC RTV SLO, 2015f). In two the National Assembly which opens a Pandora’s Box Ministry of the Interior already prepared a draft militarization of migration of the incidents that required police intervention a of possibilities for quashing initiatives such as civic of the new International Protection Act in order knife was used in a fight but in most cases these were protests. Another problem is that while the Police to transpose Directive 2013/33/EU laying down management minor fights among the refugees. Often these inci- Tasks and Powers Act prescribes a complaint mecha- standards for the reception of applicants for inter- dents took place when refugees were kept in a centre nism against the work of police officers, the Defence national protection (recast) and Directive 2013/32/ While civil society called for solidarity, acceptance for longer periods of time, without food or proper Act does not include such complaint mechanism, EU on common procedures for granting and with- and the humane treatment of refugees, the more shelter or in chaotic situations caused by inadequate meaning that civilians have no recourse against the drawing international protection (recast). But in the common response of society has been marked by instructions and procedures of the police (Mirovni conduct of soldiers. The amendment only stipulates light of the refugee crisis the adoption of the amend- fear, racism, Islamophobia and hate speech (as fur-inštitut, 2015f). that the army needs to inform the police on the fact ments was postponed so that the before mentioned ther discussed by Bajt and Pajnik in this volume). that it had used these powers, but does not provide restrictions could be included. The new draft now This climate was worsened with the government’s Securitization of migration management was followed for any additional link between the work of the includes new rules on border procedures to enable constant emphasis on security aspects of mass ar- by measures indicating a trend of militarization. In army and the work of the police, creating room for admissibility and/or substantive examination pro- rivals of refugees. Its actions corresponded with the October, practically overnight, an amendment to the confusion in terms of hierarchy on the ground once cedures at the border or in a potential transit zone, public’s growing fear.4 Defence Act was adopted in a fast track procedure, the amendment enters into effect.5 4 The results of the survey of the newspaper Delo on 13 September 2015 (before first groups of refugees arrived to Slovenia) shows that 68% of those 5 The amendment prescribes vacatio legis (i.e. a date when the amendments enter into force) of one day after its publication in the Official Gazette, which asked were bothered by the general negative attitude towards the refugees, only 11% saw the refugee situation as a security issue, and 76% were against was postponed as Radio Student filed an initiative for a referendum against the amendment. This initiative was later rejected by the National Assembly or strongly against Slovenia putting up a fence on the border like Hungary did at that time (Delo, 2015). However, a couple of months later the results and Radio Student challenged the constitutionality of this decision before the Constitutional Court of the Republic of Slovenia. On 3 December 2015, of the survey of newspaper Dnevnik on 22 November show that 79% of those asked agree with the fence on the Slovenian border (MMC RTV SLO, the Constitutional Court issued the decision no. U-II-2/15-10 that the decision of the National Assembly is not unconstitutional, assessing that the 2015g). Similarly, the survey of the newspaper Večer on 28 November shows that 71% of those asked supported the razor-blade wire on the Slovenian amendment addresses an urgent need to provide security, a circumstance in which a referendum initiative can be rejected. border with Croatia (Večer, 2015). 24 25 → TABLE OF CONTENTS Maja Ladić and Katarina Vučko | Slovenia’s Response to Increased Arrivals of Refugees RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 The process of securitization and militarization con- venia fenced itself from Croatia, with which it was standards of international protection and the de-tinued with the setting up of a razor-wire fence at the once shared a common state and from which it did terioration of police and army’s attitude towards Slovenian border with Croatia. Although just recent- not feel the need to fence away even in the turbuthe refugees, raise concern about future repressive ly the government claimed that Slovenia would not lent times of war after Yugoslavia’s dissolution in the measures of the state as the refugee crisis continues. build fences on its border and even categorically de- 1990s, did not stir as much public opposition as one nied rumours of the fence already being purchased, might expect. However, the discontent and turmoil The Slovenian authorities are striving for refugees in the beginning of November it did exactly that. is increasing in local communities on both sides of to transit through Slovenia as quickly as possible, The fact that a razor-wire fence was chosen raises se- the fence, since the fence is disrupting the close ties not encouraging them to remain in the country. At rious concerns due to its great potential for injuring of these cross-border communities and negatively the same time, the public resented the fact that the persons and animals. This decision was put into ac- affects economy, agriculture, tourism, environment vast majority of refugees wished to only transit Slo-tion despite the fact that there were no irregular bor- and wildlife. Putting up the razor-wire fence again venia and questioned the motives of refugees who der crossings outside the agreed entry points and in sparked tensions with the Croatian government, wished to choose on their own accord in which a time when the number of daily arrivals was contin- particularly since some parts of the Slovenian-Cro-country they will seek refuge. We don’t want them, uously decreasing.6 The government avoids the term atian border are not yet defined. Croatia has asked but we also don’t understand why they don’t want “fence”. Instead it uses the euphemism “technical Slovenia to dismantle the fence several times. to stay is the attitude that intertwines xenophobia obstacles” and claims that its purpose is not to close and the resentment towards refugees who are not the border but to “direct refugees” towards the entry staying in Slovenia. It is obvious that Slovenia and points. Setting up fences aimed at “directing refu- Conclusion its residents are responding to the “refugee crisis” gees” seems particularly pointless since Croatia re- emotionally. However, in these responses there is spects the mutual agreement and announces arrival Slovenia’s first response, reflected in the Contin- lack of real policies, respect for human rights, and of new refugees to the border three hours in advance gency Plan, raised concerns about its capability to accountability governed by the state. and only transports them to locations agreed be- face the challenge of the increased arrival of refu- tween the states. In theory it is of course always pos- gees into the country. As the situation developed, sible that Croatian authorities opt for again sending the authorities adapted and as a result a system of refugees towards Slovenia at locations that were not reception, registration, accommodation and trans-agreed upon, especially if the countries on the mi- portation was established. Cooperation among gov- gration route close their borders and discontinue the ernmental and non-governmental actors was built, humanitarian corridor. In this case, the razor-wire though it should be noted that on the initiative of fence would in fact start performing its function the latter. Still, months and numerous NGO de-while at the same time causing serious injuries that mands for improvement later, too often basic needs are for the moment killing “only” unfortunate game. for food, water, clothes, blankets and the adequate It needs to be stressed clearly that measures that have shelter of refugees were not met. Many of these were a potential to cause such serious injuries are in oppo- caused by inadequate communication between insition to international human rights principles. stitutions and failure to include all possible resourc- es outside the core constellation of the police, Civil Since a large segment of the public called for such Protection and the Slovenian Red Cross. Building repressive measures (Večer, 2015), the fact that Slo- a fence on the Croatian border and decreasing the 6 The highest numbers of daily arrivals in October 2015 were between 9.000 and 12.000, in the beginning of November this number has decreased to between 4.000 and 9.000, in December the number of daily arrivals varied between 1.000 and 5.000 (Policija, 2015a). At the time of writing this paper Slovenia continues with putting up the fence along its border with Croatia and has so far put up around 140 km of fences. 26 27 → TABLE OF CONTENTS Maja Ladić and Katarina Vučko | Slovenia’s Response to Increased Arrivals of Refugees RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 REFERENCES • 24ur.com (2015): V Slovenijo doslej vstopilo skoraj 240.000 be- • Mirovni inštitut (2015g): Report from Šentilj, 12 November 2015. • MMC RTV SLO (2015f): Podatki policije: praktično ni razlogov • The call to the Prime Minister of Slovenia Miro Cerar by NGOs. guncev in migrantov [Almost 240.000 refugees and migrants Available at: http://www.mirovni-institut.si/en/second-re- za posredovanje med begunci [Police data: practically no rea- Available at: http://www.mirovni-institut.si/en/the-cal -to-the-entered into Slovenia so far], 19 November. 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(18.9.2015). • Slovenske železnice (2015): Prekinjen potniški promet med • Mirovni inštitut (2015d): Report from Brežice, 27 October 2015. • MMC RTV SLO (2015d): Cerar: Slovenija enostavno ne bo privoli- Slovenijo in Hrvaško [Interrupted passenger traffic between Slo- Available at: http://www.mirovni-institut.si/en/report-from-bre- la v vračanje prebežnikov [Cerar: Slovenia simply will not agree to venia and Croatia]. Available at: http://www.slo-zeleznice.si/sl/ zice/ (11.12.2015). the readmission of refugees], 12 November. Available at: http:// novice/557-potniski-promet-novice/prekinjen-promet-hrvaska www.rtvslo.si/slovenija/cerar-slovenija-enostavno-ne-bo-pri- (11.12.2015). • Mirovni inštitut (2015e): Report from Brežice, 29 October 2015. volila-v-vracanje-prebeznikov/378538 (12.11.2015). 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Available at: http://www. je-na-parkiriscu/378688 (11.12.2015). pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4625 (30.3.2006). 28 29 → TABLE OF CONTENTS RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 The Role of Foreign Volunteers Marc-Antoine Frébutte ABSTRACT The purpose of this chapter is to understand the process of integration of foreign volunteers in Slovenia and their role in the detention and accommodation centres during the refugee crisis. It is based on participative observation and on structured-interviews with foreign vol- unteers I met during my activities in various camps. In the first part, I approach the problem of the lack of information and consistency for volunteers. In the second, the focus is on the professionalization of the NGOs’ employees and the problems of communication between NGO and foreign volunteers. Finally, some recommendations are given in order to reconsider and improve the volunteer’s experience. Keywords: Refugee crisis, volunteers, detention and accommodation centres INTRODUCTION Dobova, 13 November 2015 About 300.000 refugees have transited through Slo- gee camps are managed by three entities: police, Civil When refugees arrive to Dobova reception centre, they first venia since the middle of October 2015 and the clo- Protection and the Red Cross. While the police and receive food: water, bread, cheese spread, fish cans, apples, sure of borders between Hungary and Croatia until Civil Protection use their regular staff, the various hu-milk and chocolate spread for the children. Special food mid-December. For these refugees, the transition manitarian organizations and NGOs have had to rely or formula milk for babies are also available in the centre, through Slovenia was relatively fast, lasting approx- heavily on local or foreign volunteers. For this chapter, however, the distribution mainly depends on the staff imately one day. Immediately after their arrival on I tried to understand the role of foreign volunteers and working in each shift. It happened before that hot water was Slovenian territory, the registration procedure was how they have been integrated into the operation of not available or bottles were out of stock or simply no one done at the camp and train station of Dobova. Refu- the centres. The research is based on my empirical re-remembered to provide them. gees were then taken to the accommodation centres of search, participative observation, informal discussions Šentilj or Gornja Radgona where they remained until and on structured-interviews with five foreign volun-the Austrian authorities accepted them. These refu- teers met during the activities in the camp.1 1 The interviews were conducted with five foreign volunteers that I met in the camps between 30 November and 6 December 2015. The interviews were conducted via email and face to face. Tobias and Tommasi are from Italy, Clara is from Spain, Christian from Germany and Katja from Slovakia. Christian is in his thirties, and all the other interviewed volunteers are in their twenties. Except Clara, who came with a group, they all registered with a local non-governmental or humanitarian organization to access the camps and work as volunteers. 30 31 → TABLE OF CONTENTS Marc-Antoine Frébutte | The Role of Foreign Volunteers RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Lack of information neously, registering with an NGO or HO in order to their decision by stating that my presence was cre- meaning people who came to work voluntarily in and consistency get access to the camps and help. ating problems and that, as a policeman supervising order to provide assistance to refugees. There were the refugees told me, “if you would not go inside the no differences in the roles and functions attributed In general, the situation and the tasks are quite sim-tents, the refugees would not need you”. The prob- to the volunteers, whether they were locals or In mid-October 2015, after arriving in Ljubljana, just ple to understand. Prior experience is helpful in iden-lem of contradictory instructions also arose between foreigners, as they were simply added to the current as the refugees had begun to transit through Slovenia tifying what should be done. But for some specific the different camps. For volunteers working on dif- teams and were performing the same tasks. From towards Austria, I had the opportunity to go to the tasks, such as the reunification of separated families ferent locations, the integration of specific rules for my personal observations and discussions with camps of Brežice, Dobova and Šentilj to see the evolu- in the Restoring Family Link (RFL) program, the each new camp had to be done quickly. For Clara, a other volunteers, I noted that a consequent part tion of the operation in the camps from the beginning instructions were not necessarily given, leaving the Spanish volunteer, the problem was that there were of the foreign volunteers engaged in Slovenian until mid-December. This evolution took place in volunteers to try and cope as best as they can on their refugee camps are actually foreigners residing in terms of infrastructures, the reception of refugees, and own. Katja, a Slovak volunteer, explained: differences of what is allowed to do also between the country and therefore could be considered as in the use of local and foreign human resources. The camps. In Šentilj, you can carry out tasks that you “locals”. Like in the former Croatian registration situations I have seen are very different depending on At first, I felt quite useless because I did not get a cannot do in Dobova, and vice versa. For example, in camp of Opatovac, where I was also volunteering, each location. Largely due to the different functions lot of information about what to do and in general Šentilj, you are free to go everywhere, nobody stops the process of professionalization was slowly set of the camps, whether the latter were that of reception about what is going on. So the experience was con-you or asks you what you are doing. In Dobova, po- up in Slovenia. The teams are now almost entirely centres or accommodation centres, but also because fusing, but after a while I got a chance to look around lice are always controlling, and sometimes limiting composed of persons paid to perform the various of the division of roles between various humanitarian and get used to the situation, I was able to find my access to some areas. When you do not know, it is tasks in the camps and are recruited locally. Locally organizations and non-governmental organizations – place. (Interview n. 1, 1 December 2015) confusing. (Interview n. 4, 4 December 2015)2 means that the NGOs and HOs prioritized the HO and NGOs (Slovenian Red Cross, Caritas, Slo- recruitment of people living close to the camps. This vene Philanthropy). Upon their arrival at the camp, Another problem for the volunteers was the lack of We can assume that these differences are related to professionalization helped specialize the activities of volunteers had to be registered at the Civil Protection consistency between what the different parties con-the nature and the function of the camps. We can humanitarian organizations and non-governmental office to receive accreditations for the day, which al- trolling the camps are saying. Indeed, the instruc-predict that in the registration centres, the police are organizations by defining their assigned functions. lowed them to access the camp. They were then allo- tions given by the NGOs were sometimes different aiming to keep strict control of the refugees, as these In Dobova, the Red Cross now handles the cated by the coordinators to different sectors accord- from those given by the police and Civil Protection. remain there for a short time, but it would then be distribution of food and clothing, and conducts ing to the current needs. During a normal day, there As Katja explained: important to define clear rules. the RFL program. Slovene Philanthropy performs were three seven-hour shifts: from 8am to 3pm, from sanitary tasks in the tents of the camp, and helps 3pm to 10pm, and from 10pm to 5am. The night shift I got different instructions from different people. relieve the refugees carrying a heavy load of personal was often hard to fill as not so many volunteers were Some people told me I cannot go to some areas, oth-belongings of their burden. For its part, Caritas available at that time. The tasks consisted of the distri- Professionalization of ers that I can in order to realize my task. I was con- provides first aid. In Šentilj, the Red Cross handles bution of food and clothes, sorting the clothes donat- fused about what I can and cannot do. (Interview n. the staff the medical support and the RFL program. Slovene ed to the NGOs, helping to move the pallets and the 1, 1 December 2015) Philanthropy distributes clothes and takes refugees blankets, cleaning the tents after the departure of the Regarding the staff working in the camps, and to the doctor’s or the RFL program, while Caritas refugees and assisting in medical care. more specifically those working for the various manages the food distribution. Brežice camp is now For my part, I also felt this frustration of not really NGOs active in the field, the first observation closed. This specialization has its limits, especially Foreign volunteers who came to the camps were or- knowing what I should and could do. When I was was a move towards a slow “professionalization” for volunteers involved in any of these humanitarian ganized in different ways. Some arrived with other working with Restoring Family Link, my main task and “regionalization” of the teams. Indeed, at the organizations and non-governmental organizations, foreign NGOs or HOs (like the Hungarian or Slo- was to reunite separated families, but also to bring beginning of the “refugee crisis” in Slovenia, teams of as they are not able to perform tasks assigned to vakian Caritas) and joined those teams in the field. to the doctor those in need. To do so, I had to go in NGOs in the camps consisted largely of volunteers, other associations. Some volunteers were reporting Some came as self-organized groups, without any the tents housing the refugees so they could tell me HO or NGO statutes, travelling through the Bal- about their problems. However, the police have often kans and bringing help where they feel they can be made it impossible to execute my mission by prevent-helpful. And finally, some individuals came sponta- ing me from accessing tents in the camp, justifying 2 Dobova is a registration centre at the border with Croatia where refugees are registered when they enter Slovenia. Šentilj is an accommodation centre in the north of Slovenia where refugees have been kept waiting to cross to Austria. 32 33 → TABLE OF CONTENTS Marc-Antoine Frébutte | The Role of Foreign Volunteers RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 some problems when they were exceeding the tasks working with local personnel, either volunteer or It seems that they were asking for volunteers, but I Limitation of the attributed to the organization with which they were employed. Their good command of English, their did not understand. I would have gone otherwise. volunteer work registered. Thus the registration of volunteers in an curiosity and empathy have allowed most of the (Interview n. 3, 2 December 2015) organization should be well thought out according volunteers to adapt quickly to the camp and to Regarding the human element of the volunteers’ ex- to their expectations as they may become frustrated find their place. An Italian volunteer, Tommasi, If the relations with the other volunteers and mem- perience, working with refugees was appreciated but if their assigned tasks do not meet their expectations stated that bers of the NGOs and HOs have generally been sometimes limited. Limited in the sense that some of what their tasks should involve or what they were good, relations with the police and the army have volunteers confined to cleaning duties have felt frus-expecting to do. Mostly there were just Slovenian volunteers not always been easy. As one volunteer stated, “the trated for not being able to communicate with the working in the camp, except for some Italian, police and the army can be very helpful when we refugees or provide them with direct assistance. For This professionalization also had the effect of re- French and Czech people. At the beginning, are distributing food and clothes, as they help to Christian, it was ducing the needs of both foreign and Slovenian when working with my ‘colleagues’, I was always keep order and calm” (Interview n. 2, 2 December volunteers. In Opatovac in Croatia, many volun- explaining that I could not understand Slovenian, 2015), but relations with the police and the army what I miss the most. I understand that it is neces-teers were feeling useless during day shifts since but once they realized that, everybody was nice can sometimes hinder the work of volunteers, and sary to clean and prepare the tents, but I do not want most of the tasks were then performed by the re- and helpful. (Interview n. 2, 2 December 2015) may even become problematic when their attitude to do this all the time. When I came here, I was also cruited teams, while the night shift was hard to with refugees is not adapted. Tommasi complains hoping to help people and to talk with them directly. fill because paid teams were not allowed to work This ability to speak English is unfortunately of the behaviour of the police and the army: It is true that I am frustrated about my mission and during the night. Lately, many volunteers who not shared by all those working in the camps. I do not know if I will come again to lend a hand. came spontaneously were denied access to the Slo- Thus, some coordinators of NGOs and HOs, The atmosphere in the camp was changing day by (Interview n. 5, 6 December 2015) venian camps because the teams were already full many police officers and soldiers are unable to day and depended on who was in charge at the mo- and sufficient. It is unclear whether it is the lack of communicate neither with the foreign volunteers ment. In some circumstances, the police were act- For Katja, the problem is “that I could not talk freely volunteers that led to the recruitment of local peo- nor with refugees. Among the volunteers, this ing normally. For instance, when the BBC came to people because of the different barriers and could ple or if it is the local recruitment which led to the problem remains superficial and irrelevant, but in to the camp to interview us, the Austrian and not go everywhere”. The same for Tobias, who did reduction in the number of volunteers. Still, the a crisis on a European level, it is important that Slovenian army were together smiling and happy. not like “the distance between volunteers and refu- number of foreign volunteers in the camps has de- police officers can communicate not only with On the other hand, there were lots of situations gees. In this way, they cannot feel the human touch, creased significantly since October. They are now refugees, but also with police officers from other which showed how the authorities (police and they cannot feel welcome here in Europe”. Other mainly concentrated in certain services depending countries (the ones sent temporarily to Slovenia or army) were unprepared for the humanitarian situ- limitations for volunteers include often not being on the camps and the NGOs or HOs. For exam- the border police). It would be useful for those in ation. They were seeing the refugees as a burden of able to provide information on the waiting time in ple, Caritas’s medical tent in Dobova is operated position of authority to be able to communicate which to get rid of quickly. Shoving, kicking and the camps, on the next destination for the refugees almost exclusively by volunteer medical staff from without hindrance. Many logistical problems screaming, even aimed at families and kids. I was or on the asylum procedures in Slovenia and other other European countries, while the Red Cross’s or misunderstandings could be avoided and trying to stay calm and trying to defuse the situ- EU countries. As Tommasi emphasized, in Šentilj is operated only by Slovenian staff. For precious time could be saved. Another problem ation as best I could. They were sometimes even the RFL program, the Red Cross is working both of communication is between NGOs, HOs and acting arrogant towards us. I feel sometimes that with volunteers and employees. foreign volunteers when they have to register they were looking at me and commenting nega- We need to have more volunteers in contact with online and when they receive information from tively on what I was doing. It does not help to be refugees in the camp, trying not to leave them com-the NGO per mail. As Tobias, one of the registered on good terms and to work together. (Interview n. pletely alone in the tents with no information. The Communication problems said: 2, 2 December 2015) other problem is that I did not have any information to give to the refugees if they asked me. Nobody Overall, my experience and those of other The website for the registration as a volunteer has These mood changes are a variable that many could inform me about it. If I asked the NGOs or the volunteers have always been fairly positive, to be in English or at least in another language. The volunteers have struggled with when adapting to police, they often told me that they do not know it although many points remain to be improved or same goes for the messages or the mails that they the rules in the camp, as these became arbitrary either. It creates a kind of nervous atmosphere inside reviewed. The integration of foreign volunteers send us. It is always just in the Slovene language. I and changeable according to the personalities of the camp because refugees are lost. (Interview n. 2, 2 into teams has always been very easy, as well as could not understand what they wanted from me. the policemen that we were facing. December 2015) 34 35 → TABLE OF CONTENTS Marc-Antoine Frébutte | The Role of Foreign Volunteers RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Basic formation on legal issues for the volunteers, or its services is driven back, allowing those who do Conclusion at least a document with legal information available not have a car (which is the case for many foreign in every tent would be a valuable improvement for volunteers) to travel easily to their workplace. This After two months of operations, the NGOs in the transportation system and especially to also in-the reception of refugees. entire process is obviously based on the desire to de- camps have slowly professionalized their teams and clude English in the communication process, in velop a network of volunteers invested in the long tried to recruit locally whenever possible. Conse- addition to Slovenian. Foreign volunteers have term. It seems that the NGOs and HOs have in- quently, the need for volunteers has been substan- high expectations regarding their tasks and the Reconsidering the stead decided to recruit local staff and rely on the tially reduced, and although they have always been help that they could bring to the refugees in the few arrivals of foreign volunteers. The ability to in- well integrated, the number of foreign volunteers camps, probably even more so than the paid em- volunteers’ experience volve volunteers in decision-making also faces more has declined significantly. With the decrease of ployees. It would be beneficial to listen to volun- general problems. Except from the fact that foreign refugees, the needs are even lower today. How- teers in order to develop activities that could bene- In order to improve the integration of foreign volun- volunteers’ stay in Slovenian camps remains brief, ever, the possibility of the crisis resuming when fit refugees (activities with children, info-points, a teers in the activities of the camps, it seems impor- we also have to see how the authorities, NGOs and the weather improves is high and they will have women’s area). With these improvements, NGOs tant to ensure an understanding of the purpose of HOs conceive the camps. The latter have gradual- to rely once more on the volunteers from abroad, and HOs could take full advantage of volunteers the tasks attributed. Understanding what we do and ly defined the roles of each NGO and HO in the predominantly in the medical sector. Therefore, a and would enable a more pleasant transit for the why is important for the volunteers. For some vol- camps, claiming their control and responsibilities review of the policies regarding volunteers would refugees, without conflicting with the authorities’ unteers, it would be important that volunteers were on the humanitarian activities. Therefore, the vol-be vital, by ensuring accommodation facilities, a security approach. more included and consulted in order to see which unteer initiatives are limited as NGOs and HOs activities could be executed or adopted to meet the seem to refuse to grant privileges to other groups refugees’ demands in the camps, for example, in- or associations. It should also be understood how fo-points or a space for children. For Tobias, the camps are managed by the authorities. As se- curity remains the prime concern, the humanitari- A way to better exploit the potential of every volun- an aspect has not necessarily assumed a prominent REFERENCES teer would be to meet them, to be able to debate. But role. In fact, reception centres are set up in order if the volunteers spend just two or three days in the to register the refugees before they are sent to ac-camp, the only way is to stay under the governance of commodation centres where they are to remain • Personal interview by author with Katja, Ljubljana, 30 November 2015 (respondent 1). forces. (Interview n. 3, 2 December 2015) only until Austria opens its borders. These camps are designed to channel refugees to Austria as ef- • Personal interview by author with Tommasi, Ljubljana, 2 December 2015 (respondent 2). If it is desired that volunteers stay and engage for fectively and quickly as possible, the role of NGOs • Personal interview by author with Tobias, Ljubljana, 2 December a longer period, accommodation facilities should and HOs being minimized to meet the basic needs 2015 (respondent 3). be provided so that they can have a separate place of the refugees. This approach is in great contradic- • Personal interview by author with Clara, Ljubljana, 4 December to rest when they are not engaged in the work at tion with the motivation of most foreign volunteers 2015 (respondent 4). the camp. The winter period has certainly played who come to help. In fact, most of the volunteers I • Personal interview by author with Christian, Ljubljana, 6 December an important role in the decline of the number of met are often greatly valuing their actions and re- 2015 (respondent 5) volunteers as the possibilities for accommodation fuse to reduce them to a subsistence support, and are reduced and become more expensive. In fact, are instead aiming to also be helpful in the area of many volunteers were sleeping in tents, which is psychological and emotional support by talking not possible anymore. A shuttle system should also and listening to the stories and the problems of the be implemented in order to connect the major cit- refugees. This gap between expectations and reality ies to the camps. In Croatia, shuttle buses provide can create frustration among these volunteers who transportation for volunteers from the town cen- do not find themselves fully satisfied by the tasks tres to the camps. After each shift change, a new they have to perform and who could feel limited in team is brought in and the one that just finished their interactions with refugees. 36 37 → TABLE OF CONTENTS RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Legal Implications of the “Humanitarian Corridor” Neža Kogovšek Šalamon ABSTRACT This chapter addresses the gaps between law and state practice in managing mass migration movements. It focuses on the right to entry, the rights of transit and detention issues, showing that state practices in this field are outside the normative framework which governs the aforementioned areas. It points at new emerging rights that are being formed from state practice that is carried out outside of the legal framework, producing new rules of customary international law applicable for people who are entering the state irregularly within mass migration movements. The chapter analyzes the “corridor” which presently facilitates the migration route used for transferring people to their desired country of destination. The chapter concludes that the law is not responding adequately to the needs of people involved in mass migration movements, and stresses that in order to maintain a state governed by the rule of law, the law should respond adequately to these needs. Keywords: Dobova, 13 November 2015 Refugees, refugee crisis, corridor, asylum law, Slovenia, European Union, Schengen area The majority of refugees arrived to Dobova by train, which became the main entry point. Once arriving to Dobova train station, the refugees are either registered there and continue their way towards Austria on the next train, or are taken to Dobova or some other reception centre by bus. The reception INTRODUCTION centres are under police supervision, however, there is also a heavy military presence at some locations which gives an In September 2015, the Republic of Slovenia saw an as a transit country where they did not wish to impression of an “emergency security situation”. At the unprecedented increase of arrivals of refugees and apply for asylum. The initial plan of the Republic back there is a large white tent, a part of which is used as a migrants. The state became one of the countries on of Slovenia was to strictly abide by the law of the warehouse by the Red Cross, while the other part is a waiting the so-called “Western Balkans migration route”, European Union and the national law in the field of area for refugees. From this tent the refugees only have access used by the enormous numbers of Syrians, Afghanis, asylum, migration and border control. This means to a few toilets and no running water. Iraqis, Pakistanis and other nationalities whose goal that Slovenia, being a member of the Schengen area, was to reach Western Europe. During this process, planned to reject entry to all people who would migrants and refugees perceived Slovenia exclusively attempt to enter the state without valid documents, 38 39 → TABLE OF CONTENTS Neža Kogovšek Šalamon | Legal Implications of the “Humanitarian Corridor” RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 as required under Article 7 of the Aliens Act. If they authorities in this process. This corridor consisted of: visions of Article 5.1 of the Schengen Borders Code states have been faced with arrivals of individuals or entered irregularly and would not apply for asylum, the basic and quite minimal reception conditions for peo-there is no right of entry of third country nationals as small groups many of these questions were not raised, state planned to (attempt to) return them by sending ple arriving in an organized way from the Republic of such. Entry rights are subjected to conditions, such primarily because a country where people entered a request to the Republic of Croatia (or another state Croatia, basic identification and registration proce-as possession of a travel document, a valid visa, a res- from was usually willing to receive the returned indi-where the people entered from) first informally and dure, and free transfer organized by the authorities to idence permit and similar. At the same time, thou- viduals and provide for them in line with their asylum them formally, as provided for by the readmission the borders with the Republic of Austria. People with-sands of people who do not meet these requirements and migration law provisions. Mass arrivals seem to agreement signed with Croatia. If readmission was in the corridor are not allowed to move freely and have are entering the Schengen area. This is clearly the encourage the emergence of new rights of migrants, not possible, the police planned to “accommodate” a limited contact with the outside world. Status-wise result of the urgency of the situation faced by states similar to those already recognized for refugees who the person in the Aliens Centre in line with Article there are three groups of people in the corridor: asy-due to mass migration: the states have no choice but need to be granted access to territory in order to exer-76 of the Aliens Act. If the person applied for asylum, lum seekers actually applying for asylum, prima facie to accept the people since, as already mentioned, the cise the rights enshrined in the Geneva Convention. he or she would be escorted to the Asylum Centre in refugees1 not applying for asylum (relevant from the states situated on the transit route before them will The difference is that these emerging entry rights are order to lodge an asylum request and reside there while perspective of the Geneva Convention), and people not accept them back. Consequently, allowing entry now apparently applicable also to irregular/undocu-waiting for the decision of the asylum authorities in who are not prima facie refugees and are not applying is the only thing the states can do to respect basic mented migrants (in mass migration movements) who line with the International Protection Act. This is the for asylum. Some policy makers call the latter group human rights standards, particularly Article 3 of the do not apply for asylum. act with which the Republic of Slovenia transposed “economic migrants” (Ministry of Interior, 2015). European Convention on the Protection of Human the key asylum directives and regulations, such as Rights and Fundamental Freedoms (ECHR), which the Reception Conditions Directive, Qualification This chapter examines how the corridor corre- prohibits inhuman and degrading treatment. If peo- Is there the right of transit Directive, and Asylum Procedures Directive. sponds to the EU rules, how the EU law responds ple were refused entry while the neighbouring coun- to the situation and whether it is the EU law that try would refuse to accept them back people would in the EU law? The reality was very different from the plan. The first is supposed to provide an answer to the challenge. be stranded in the territory between the two states. big group arrived in Slovenia by train, which was sent In the context of the current migration flows, EU If none of the two states accepted responsibility to The second question that arises from the current de to Slovenia by the Croatian authorities after Hungary member states hold different positions: some are provide for basic care, they could both be found lia- facto corridor is whether there is a right of transit. closed its borders with Croatia. At the border check, predominantly countries of transit while others are ble for violating Article 3 of ECHR. This discussion The countries on the mass migration route are the Slovenian police found that the majority of the destination countries. Slovenia falls into the first indicates that there is something called emerging en- either effectively allowing transit by “turning a blind passengers did not possess valid travel documents or category as only a small number of people crossing try rights of irregular migrants – the rights of entry eye” on people who (may) choose to travel on their permits to enter the country. The Slovenian authori- the Croatian and Slovenian border irregularly (but which become executable when necessity forces the own (Macedonia, Serbia) or organizing transit for ties requested Croatia to accept them back, as provid- in an organized way) are applying for asylum. states to allow entry in order to abide by basic human people travelling within the corridor, as in cases of ed by the readmission agreement, but the Croatian rights standards. Austria, Croatia and Slovenia. In the EU law the police refused to do so. This was the key turning point right of transit for third country nationals who do when the Slovenian authorities realized that acting in Is there a right of entry This is evident from the developments at all border not have entry rights is not defined. Transit rights line with the “business as usual” principle would not crossings along the Western Balkans migration route are defined, for example, in the context of airports be possible. The high numbers of arrivals simply did in the EU law? which currently (in December 2015) goes through where passengers stay in the transit zone and do not not permit for that. The existing EU and national Greece, Macedonia, Serbia, Croatia, Slovenia, Austria actually enter the state territory through a border rules were not designed for mass arrivals and did not The first question that pops up in a situation involving and Germany. In addition to Slovenia, Greece is an- crossing (Article 2.1.3 of the Schengen Borders Code), provide for an appropriate basis that the authorities thousands of people (who would never be allowed to other country on this route where people are entering or in the context of people who have residence permits could use in dealing with the situation. Consequent- enter in the past) entering the country on a daily basis the Schengen area. If Greece (or other countries) did or visas in one EU member state, but in order to get ly, a parallel regime in a form of a de facto “corridor” is whether there is a right to enter the territory defined not grant entry rights into the Schengen area in the there they need to transit another EU member state was set up by way of improvised measures used by the in the EU law. The answer is negative. Under the pro-situation of mass arrivals people would be – and have (Article 5.4 (a) of the Schengen Borders Code). The been – dying in their masses at sea which does not current situation when people who do not meet the only raise questions with regard to Article 3, but also requirements for entry are allowed transit or are even 1 Prima facie refugees are people fleeing mass human rights violations or war zones in numbers that authorized officials cannot process, while at the Article 2 of ECHR that protects the right to life. This actively transited by the member states, is outside the same time the serious circumstances in their country of origin they are fleeing indicate that it is very likely they would receive a refugee status if they applied for it. shows that mass arrivals change everything. When the law and is not foreseen by the latter. As a consequence, 40 41 → TABLE OF CONTENTS Neža Kogovšek Šalamon | Legal Implications of the “Humanitarian Corridor” RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 similarly as in the case of entry rights, there is also kind of other legal status (e.g. that of asylum seeker, the person leaves the territory of Slovenia. It is also fundamental principles of international human an emerging right of transit provided that the person resident etc.). Arguably, issuing permissions to not a document authorizing a person to remain rights law. The methods that the states are using to whom this right is granted is part of the mass remain in this situation is not in line with the law. on the territory under temporary protection, a are a result of the requirements imposed on states migration movement. Again, this right applies to It is interesting to note that on 7 January 2016 the specific mechanism that can be – but it has not by human rights treaties. This indicates that a irregular migrants. If it was asylum seekers who Government of Slovenia declared that permissions been – introduced under the Temporary Protection certain binding nature of emerging entry and would exercise such “transit rights” within the to remain issued to refugees cannot be regarded Directive. Lastly, it is also not a document transit rights exists which points at the possibility Schengen Area (meaning that they would wish to as residence permits in line with Article 12 of the substantiating the authorization to remain until of the creation of new norms of customary move to another EU member state), they would Dublin Regulation, thereby trying to exclude its the circumstances preventing the removal order international law in this field. most likely be subject to a return procedure based responsibility for examining asylum applications from being carried out – as the removal order has on the Dublin regulation to the country where they lodged in other EU member states (Government never been issued to the people in the “corridor”. The whole discussion is only relevant to the ex- first lodged an asylum application. Transit rights are of the Republic of Slovenia, 2016). In line with the tent that the majority of people who are part of therefore emerging in relation to irregular migrants national legal theory permissions to remain have The states apply the described treatment only in the “corridor” are not applying for asylum in the only. What is interesting is that the authorities always been regarded only as mechanisms for the relation to migrants who are part of the corridor, countries they are transiting. If they were applying are actually trying to legalize the right of transit. protection of a person from expulsion (Rakočević, which includes all migrants who arrived to the for asylum their legal status would be completely They use different methods to do this. A method 1999: 136). However, it remains to be seen whether country in a certain state-organized way (usually different. First of all, there would be no discussion that Slovenia is using (not very regularly though) they can be regarded as “residence documents” as by train or bus), who were accommodated in the on emerging entry rights as asylum seekers already is issuing a “permission to remain” ( dovoljenje za defined in Article 2(l) of the Dublin Regulation facilities set up by the state for their registration have, at least in theory,3 the right to access the ter-zadrževanje) based on Article 73 of the Aliens Act. which reads: and accommodation, and who left the state in a ritory. Second, as already indicated, there would This permission which is valid for six months does way as agreed by the next receiving state and the also not be any right of transit due to the rules set not allow an individual to reside in the country (it is ‘residence document’ means any authorisation issued sending state. To any other irregular migrant who up under the Dublin system that addresses mul-not a residence permit) but only allows them to stay by the authorities of a Member State authorising a attempted to access the state territory at the same tiple asylum applications. Further, applying for and protects them from expulsion in line with the third-country national or a stateless person to stay on time as the people in the “corridor”, but individually asylum also renders a person eligible for reception principle of non-refoulement and grants them the its territory, including the documents substantiating at other border crossing points than those agreed conditions defined by the Reception Conditions right to basic care.2 The state is issuing these permits the authorisation to remain on the territory under by the two states, entry was not allowed. In such Directive, which is something that irregular mi-to refugees in spite of the fact that its only intention temporary protection arrangements or until the cir-individual cases the EU rules are strictly applied grants do not have access to. Irregular migrants do is to transport the refugees up north as early as cumstances preventing a removal order from being and such individuals are denied entry. The only not enjoy the protection of a similar source of law possible. In fact it is neither in the state’s nor in the carried out no longer apply, with the exception of visas way they can enter the state is if they report to the that would define their reception rights in detail. refugees’ interest for the latter to stay in Slovenia and residence authorisations issued during the period authorities and try to join the corridor. Once they The only guidance that the country can (and has for weeks or months. It is therefore questionable required to determine the Member State responsible are part of the mass movement, their right to entry to) rely on can be found in ECHR and other in- whether issuing permissions to stay is in line with as established in this Regulation or during the exam-and transit are in principle granted to them. ternational law sources, such as the Internation- the law at all. Namely, Article 73 of the Aliens Act ination of an application for inter national protection al Covenant on Economic, Social and Cultural does not foresee issuing permissions to stay to people or an application for a residence permit; These conclusions are based on the observation Rights, which in Article 11 obliges member states whom the state plans to transport to Austria in a few of the actual state practice which is interesting in to secure the right to an adequate standard of liv-hours or days. Instead the mechanism is intended In my view permission to remain does not fall in the context of how customary international law ing, including adequate food, clothing and hous- for people whose return is not possible for various this category: it does not authorize a person to stay norms are created. The described state practice is ing. This obligation certainly applies to irregular reasons and for whom it is likely to expect that they on the territory of Slovenia as it is neither a residence paving the way on how similar situations could be migrants under the state jurisdiction and presents will stay in Slovenia for a while, without having any title nor an entry title as it ceases to be valid when handled in the future. These examples cannot be a certain safeguard in the absence of other more ignored in cases of similar future developments, concrete provisions that would be in place specifi- especially since they are based on the most cally for irregular migrants. 2 Other countries on the Western Balkans migration route use other methods, such as the instrument of “intention to apply for asylum”. For example, when a person reaches Serbia, they stop at the police station and express the intention to apply for asylum. The police issue them a document by which people are obliged to report to a reception centre in 72 hours. Since they are not escorted to the centres but are permitted to go their using their own means, almost all of them continue their journey toward Croatia. (Belgrade Centre for Human Rights, 2015) This means that the instrument of the 3 In practice it is evident that more and more countries are avoiding their responsibility to grant access to territory and examine asylum requests filed intention to apply for asylum in fact functions as a transit permit. under their jurisdiction. See Guild and Moreno-Lax (2013). 42 43 → TABLE OF CONTENTS Neža Kogovšek Šalamon | Legal Implications of the “Humanitarian Corridor” RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Co-existence of the countries that are most represented in the current by the state structures that run registration and the “corridor” as their freedom of movement was in normative framework mass migration movement, their visa application accommodation centres and organize train and bus fact limited: they were obliged to stay in the premises would probably be rejected. However, if they decide to transport. As mentioned, people in the corridor are (mostly fenced areas and tents) specifical y designated and state practice that embark on a lengthy, costly and dangerous irregular not applying for asylum in Slovenia, which means for them by the state, they were obliged to use the means divert from law migration route to Europe using a de facto “corridor”, that their legal status is reduced to a non-status of transport when and where it was provided for them they would be most likely admitted to the state of irregular migrants. Some of them are issued by the police, they had limited contact with the outside which would otherwise not even issue them with a permission papers to remain in the country, while world, and they were not al owed to leave the fenced The above discussion indicates that a certain visa. It seems that at the moment the corridor is the others are not, as described above. This raises the area, except in cases of justified medical emergency, parallelity of several systems exists. First, we can most optimal choice to reach Europe than the legal issue of the justifiability of the measure of movement when medical personnel and the police authorized their observe the parallelity of the legal system generally in channels provided for this purposes. This makes it limitation: is it in line with national and EU law? transfer to the hospital. At the same time it was obvious place (EU and national rules on border control and rather appealing. that detention of these people was not exercised for the migration management) and a de facto “corridor” that According to Article 15 (1) of the Return Directive, purposes of return. The return to Croatia where people emerged as the actual state practice that is not foreseen Fourth, a certain paral elity can also be observed in member states may “only keep in detention a were entering from was not carried out as already or regulated by law. In spite of the extreme differences the existence of the corridor which enables a fast, state third-country national who is the subject of return described and return was in fact not possible. If it was between the two regimes, they seem to perfectly managed travel of refugees and migrants towards the procedures in order to prepare the return and/ not possible, then the main requirement that needed coexist and no one seems to be bothered by this. West, while at the same time most of the countries on or carry out the removal process”. The provision to be fulfil ed for detention was not met. Accordingly, migration route are tightening their asylum and migra-specifically states that detention is justified “unless the detention of people within the corridor could not Second, there are two parallel systems of treatment tion systems: they are re-introducing border controls, other sufficient but less coercive measures can be be considered to be in line with the Return Directive. that irregular migrants are experiencing depending on amending their legislation by passing stricter rules of applied effectively in a specific case”. The provisions whether they are part of the state-managed corridor procedure and reception conditions and setting up further states that detention is allowed “in particular Further, according to Article 15 (2) of the or they are traveling individually or in smaller groups fences. The contrast between these policy restrictions when (a) there is a risk of absconding or (b) the Return Directive, detention “shall be ordered by outside the corridor. The treatment of both groups and the facilitation of travel of the people in the “corri-third-country national concerned avoids or hampers administrative or judicial authorities. Detention is completely opposite. One is in line with the rules dor” is unprecedented and it seems that it will not last the preparation of return or the removal process.” shall be ordered in writing with reasons being given governing migration and border control, the other is forever. The restriction of state policies leads to only one The provision completes by stating that “detention in fact and in law.” In case of irregular migrants not foreseen in those rules but is a result of necessity goal – abolishing the “corridor”, closing the gates. The shall be for as short a period as possible and only within the corridor in Slovenia, detention was not caused by mass migration movements in which the only question that remains unanswered is – when. For maintained as long as removal arrangements are in ordered by administrative or judicial authorities, states may only rely on guiding principles of inter- Slovenia the answer is quite predictable: the corridor progress and executed with due diligence.” and it was certainly not ordered in writing. It was in national law. As we can see from the practice of the will exist as long as Austria will continue to receive peo-fact not ordered at all, it was just exercised, outside Slovenian authorities, states are trying to resort to in- ple. At the moment when this ceases to be the case the These provisions clearly limit detention of third of provisions with which detention is regulated in struments they have at their disposal to legalize their authorities will close the gates the same way as Hunga-country nationals who are irregularly entering and the legal framework. As mentioned, for some time practice at least to some extent, thereby trying to link ry did. At that time the razor wire fence set up to “di-staying in the state territory with the “purpose of people in the “corridor” have been issued with a the situation with the normative framework. rect the refugees to entry points” will start to perform return”. The “purpose of return” is therefore conditio permission to remain. However, in practice there its function, while the more restrictive legislation wil sine qua non for exercising detention, meaning was no difference between the treatment of people A third example of the parallelity of systems comes function as an additional deterring element of the Slo-that detention is not justified by the EU law if it is who received permission to remain and those who from the comparison between the visa system and the venian asylum system. exercised for other purposes that are not related to did not. Everyone was kept detained regardless “corridor”. A third country national who wishes to the return of the aforementioned types of migrants. of whether they were issued with this document enter any of the states on the Western Balkan route Blank justifications such as public safety or the wish or not. This shows that issuing the permission to via common procedures would have to apply for a Freedom of movement of the state to exercise control over irregular migrants remain had very little practical value in the sphere visa at the nearest consular representation office. In as such are not legally valid reasons for detention. of personal freedom while its legal value has already order to do that, they would have to present a number Refugees and migrants who transit Slovenia in the been discussed above in the context of the emerging of documents proving their identity and the purpose “corridor” are not allowed to move freely within the In the Slovenian case, from October to December transit rights. The document certainly does not of their travel. If they were nationals of any of the state territory. Their travel and stay is fully managed detention was imposed on all irregular migrants in grant a person to leave the closed areas. 44 45 → TABLE OF CONTENTS Neža Kogovšek Šalamon | Legal Implications of the “Humanitarian Corridor” RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Detention can also be examined from the in the “corridor” no decisions on detention were to be legally justified is visible from Article 32 of Member states are not only obliged to take and perspective of Article 5.1.f of ECHR, according to issued. Consequently, the detention of people the State Border Control Act, which requires the transmit fingerprints from applicants for international which states are allowed to carry out “the lawful within the “corridor” was either not in line with police to issue a written decision after a six hour protection. According to Article 14.1 of the Eurodac arrest or detention of a person to prevent his the Aliens Act or it was not a type of detention period of holding a foreigner who has entered Directive, member states are obliged to effecting an unauthorized entry into the country foreseen by the Aliens Act. Therefore, what kind irregularly. In the case of de facto limitation of or of a person against whom action is being taken of detention was at stake here? Another source movement imposed on irregular migrants there is take the fingerprints of all fingers of every third- with a view to deportation or extradition”. In of national law that could be used to justify clearly a gap between the law and practice which country national or stateless person of at least 14 the case of people in the “corridor”, it is clear this measure is the State Border Control Act. requires urgent attention. If the states, including years of age who is apprehended by the competent that by detaining them, the authorities were not According to Article 32 of this act, the police the Republic of Slovenia, pride themselves with control authorities in connection with the irregular preventing unauthorized entry – the entry has may “hold” a person who intends to cross or has being governed by the rule of law, such practices, crossing by land, sea or air of the border of that already taken place. Following the agreement already crossed the border line in an irregular way. especially if they affect masses of people, have to Member State having come from a third country between Croatia and Slovenia people are actively In this case “to hold” means to prevent the person either be abolished or legalized. and who is not turned back or who remains received by the Slovenian state in an organized from continuing their journey and amounts to a physically on the territory of the Member States and structured way. Claiming that exercising de facto limitation of movement. Such limitation and who is not kept in custody, confinement or detention in order to prevent unauthorized entry of movement may, according to Article 32, para. The status of Dublin III and detention during the entirety of the period between would therefore be in logical contradiction with 1, only last for up to 48 hours and may only be apprehension and removal on the basis of the the facts. Also, the question is whether we can exercised with the purpose of “establishing facts the Eurodac Directive decision to turn him or her back. still really speak about “unauthorized” entry if and circumstances of crossing the state border or people are entering the state within the regulatory with the purpose of rejecting entry of a foreigner The last legal issue from the realm of EU law The wording of this provision shows that the arti-agreement between the two countries. Legally who does not meet the conditions for entry and for addressed in this chapter is related to the Dublin cle is not applicable for the green border of Slovenia speaking, such entry of people in the corridor may justified reasons cannot be deported right away”. Regulation (Dublin III) and the possible returns to whose geographical neighbours are all EU member be considered unauthorized, however, in practice Further, if such limitation of movement lasts Slovenia based on this regulation. As described by states while none is a third country. This means that it is undoubtedly authorized. The second case in for six hours or more, the police have to issue a Ladić and Vučko in this volume, fingerprints are under this provision of the Eurodac Directive Slove- which detention of irregular migrants is allowed reasoned written decision to the person concerned occasionally taken from people in the “corridor”, nia is not obliged to take and transmit fingerprints under Article 5.1.f of ECHR is deportation, (Article 32, para. 3). Since written decisions were but they are not entered into the Eurodac system. of people who are entering its territory from Croatia. similarly as under the Return Directive. Since it not issued to people in the “corridor” whose The Eurodac system was established by the Consequently, returns to Slovenia from for example is clear that in the case of people in the “corridor” movement and personal freedom were effectively Eurodac Directive which serves as the tool assisting Germany or Austria based on Dublin regulation and detention was not carried out with the purpose limited, it can be concluded that this detention in determination of the member state responsible Eurodac Directive will not be possible. They would of deportation, but with a clear purpose to enable is not the type of detention foreseen by the State for examining the asylum application. According only be possible through an agreement based on quo-people to travel further north, detention cannot Border Control Act. This means that detention to Article 9.1 of the directive, the member states are tas or readmission agreements. be justified using Article 5.1.f of ECHR. imposed on people in the corridor was, in the obliged to take fingerprints of all fingers of every same way as the “corridor” as such, outside the applicant for international protection of at least The detention of people within the “corridor” law. The authorities are therefore not responding 14 years of age and transmit them to the central exercised by the Slovenian authorities is therefore by using the law, but by applying practical system in 72 hours. Since people travelling through not in line with EU law or with the Council of measures that have no legal basis. The fact that Slovenia via the migration “corridor” are not Europe law. Is it at least in line with the national the limitation of movement of people within applying for asylum, the fingerprints taken by the law? This type of detention was not the one that the corridor lasts only for a few days – from Slovenian authorities do not have to be transmitted is legally regulated in the Aliens Act. The Aliens the moment when people enter Slovenia to the to the central system. In practice, this provision is Act regulates detention ordered by the police, by moment they exit to Austria – does not exclude respected and fingerprints taken by the Slovenian issuing a written decision, for a maximum period the responsibility of the state to comply with police are kept only in a local state database. of six months (Article 76 and 78 of the Aliens Act). national and international law. The fact that only In the case of limitation of movement of people a few hours of the limitation of movement need 46 47 → TABLE OF CONTENTS Neža Kogovšek Šalamon | Legal Implications of the “Humanitarian Corridor” RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Conclusions SOURCES: Responding to the questions from the introduction responding to the needs of people who are part of • Aliens Act [Zakon o tujcih], Official gazette RS, No. 45/14 – Official • Regulation (EC) No 562/2006 of the European Parliament and of the in this paper (how is the law answering the needs these mass migration movements, the authorities consolidated text, 90/14, 19/15 and 47/15 – ZZSDT. Council of 15 March 2006 establishing a Community Code on the and is the law the answer to the needs?), we can first are also not responding appropriately as they rules governing the movement of persons across borders (Schen- • Belgrade Centre for Human Rights (2015): Right to Asylum in the gen Borders Code), OJ L 105, 13.4.2006, p. 1–32. conclude that the law is not adequately responding are using the law in an inadequate way. This Republic of Serbia 2014, Belgrade. Available at: http://www.bg- to the needs raised by mass migration movements. brings us to the answer to the second question centar.org.rs/bgcentar/eng-lat/wp-content/uploads/2015/04/ • Regulation (EU) No 603/2013 of the European Parliament and of the Right-to-Asylum-in-the-Republic-of-Serbia-2014.pdf (17.9.2015). Council of 26 June 2013 on the establishment of ‘Eurodac’ for the Neither national law nor the EU law were we posed in the title of this paper; whether the comparison of fingerprints for the effective application of Regulation passed for such mass migration movements. As a law is the answer to the needs. The response is • Council Directive 2001/55/EC of 20 July 2001 on minimum stand- (EU) No 604/2013 establishing the criteria and mechanisms for de- ards for giving temporary protection in the event of a mass influx of termining the Member State responsible for examining an applica- consequence, the measures used by the authorities yes, but not exclusively. It is first on the elected displaced persons and on measures promoting a balance of efforts tion for international protection lodged in one of the Member States are not in line with the law and are not foreseen representatives and on the state government to between Member States in receiving such persons and bearing the by a third-country national or a stateless person and on requests for consequences thereof, OJ L 212, 7. 8. 2001, pp. 12–23. the comparison with Eurodac data by Member States’ law enforce- by the law which creates further problems with decide what kind of policies they will exercise and ment authorities and Europol for law enforcement purposes, and • Council of Europe, European Convention for the Protection of Hu- the lack of guarantees that the people affected by then pass appropriate legislation. The law should amending Regulation (EU) No 1077/2011 establishing a European man Rights and Fundamental Freedoms, as amended by Protocols Agency for the operational management of large-scale IT systems these measures have at their disposal. For example, therefore be taken as a tool for managing mass Nos. 11 and 14, 4 November 1950, ETS 5, available at: http://www. in the area of freedom, security and justice, OJ L 180, 29.6.2013, if detention practices are not regulated by law, migration flows, while at the same time as a tool refworld.org/docid/3ae6b3b04.html (15.12.2015). p. 1–30. there are no complaint mechanisms that people for maintaining the rule of law and respect for • Directive 2008/115/EC of the European Parliament and of the Coun- • Regulation (EU) No 604/2013 of the European Parliament and of the cil of 16 December 2008 on common standards and procedures in who are affected by detention could use. Further, international human rights standards. However, Council of 26 June 2013 establishing the criteria and mechanisms Member States for returning il egal y staying third-country nation- for determining the Member State responsible for examining an ap- there is a problem of the lack of legality of these in order to serve this function, the practice and the als, OJ L 348, 24.12.2008, pp. 98–107. plication for international protection lodged in one of the Member detention practices which is in contradiction with law have to be brought in line – either to change • Government of the Republic of Slovenia (2016): Press release on States by a third-country national or a stateless person (Dublin II ), the constitutional principle according to which the practice or to change the law, while at the same 69th regular Government session, 7 January 2016. Available at OJ L 180, 29.6.2013, p. 31–59. http://www.vlada.si/delo_vlade/sporocila_za_javnost/sporocila_ all state measures have to have a legal basis – the time in all cases taking into account the minimum • State Border Control Act [Zakon o nadzoru državne meje], Uradni za_javnost/article/vlada_sprejela_nove_odlocitve_za_izgradn- list RS, št. 35/10 – uradno prečiščeno besedilo in 15/13 – ZNPPol. principle of legality. The fact that the state is standards set on the level of the Constitution of jo_drugega_tira_57312/ (10.1.2016). • UN General Assembly, Convention Relating to the Status of Refu- dealing with a mass migration movement and that the Republic of Slovenia and on the international • Guild, Elspeth, Moreno-Lax, Violeta (2013): Current Challeng- gees, 28 July 1951, Geneva, 189 UNTS 137/ [1954] ATS 5. it is operating in extremely logistically difficult level. These two levels already enshrine humanity, es for International Refugee Law, with a Focus on EU Policies and EU Co-operation with the UNHCR, study written for the Eu- • UN General Assembly, International Covenant on Economic, Social circumstances which amount to a humanitarian solidarity and human dignity of every individual ropean Parliament. Available at http://www.europarl.europa. and Cultural Rights, 16 December 1966, United Nations, Treaty crisis does not exclude its responsibility for the which should be fully respected in the ways and eu/RegData/etudes/note/join/2013/433711/EXPO-DROI_ Series, vol. 993, p. 3, available at: http://www.refworld.org/do- NT%282013%29433711_EN.pdf (15.12.2015]. cid/3ae6b36c0.html [accessed 15 December 2015]. respect of international, EU and national law. manners in which refugees are treated in their • International Protection Act [ Zakon o mednarodni zaščiti], Official While the law is apparently not appropriately pursuit of better life prospects. gazette RS, No. 11/11 – Official consolidated text, 98/11 – odl. US, 83/12, 111/13, 114/13 – odl. US in 82/15 – odl. US. • Ministry of Interior (2015): Šefic: Nujen dogovor glede vračanja ekonomskih migrantov, press release, 9. 11. 2015. Available at http://www.mnz.gov.si/nc/si/novinarsko_sredisce/novica/arti- cle/12027/9513/ (6.1.2016). • Rakočević, Slobodan (1999): Predpisi o tujcih in azilu s komentar- jem [Provisions on Aliens and Asylum with Commentary], Ljubljana: Uradni list RS. • Readmission Agreement between the Government of the Repub- lic of Slovenia and the Government of the Republic of Croatia on transfer and reception of persons whose entry or residence is il e- gal [Sporazum med Vlado Republike Slovenije in Vlado Republike Hrvaške o izročitvi in prevzemu oseb, katerih vstop ali prebivanje je nezakonito], Uradni list RS, št. 33/2006. 48 49 → TABLE OF CONTENTS RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Anti-Immigration Hate Speech in Slovenia Veronika Bajt ABSTRACT Across Europe, a rise in hate speech against migrants and Muslims is apparent, especially in relation to the current “refugee crisis”. Islam in Slovenia is the second largest religion after Catholicism, yet the perception of Muslims as the vilified Other remains racialized, gendered and burdened by orientalist misconceptions just as is generally the case in the “West”. Focusing on anti-immigrant hate speech, this chapter has two goals: it sets out to overview the most current developments subsumed under the so-called debate on hate speech in Slovenia, while seeking to answer the question of how best to address the rising racist anti-immigration and anti-Muslim attitudes. Since Slovenia faces a lack of mechanisms for the prosecution of hate speech, a number of civil society actors have lately taken up the initiative to act. Keywords: Hate speech, Slovenia, “refugee crisis”, anti-Muslim prejudice, Facebook, “Zlovenija” Brežice, 27 October 2015 The reception centre in Brežice, which is now closed, can be highlighted as an example of a centre with the worst INTRODUCTION conditions in Slovenia. People (among them many children and babies) were forced to wait outside in an empty, fenced, The January 2015 attack on Charlie Hebdo offices Western Balkans migratory route. What has quickly muddy area despite very cold or rainy weather, including at and the November 2015 attacks in Paris increased been mistermed as “refugee crisis” – since it is factu-night, often without access to food, clothes, blankets and fear and rhetoric of insecurity across Europe. A rise ally a crisis of the European Union and a crisis of the toilets. To warm up, people made fires by burning wood, in hate speech against migrants and Muslims was nation-states’ response – has additionally increased blankets, plastic and other trash. The smell was terrible, the noted, whereas in Germany, for instance, anti-refu- intolerance and hate speech that spread particularly air was smoky and it was difficult to breathe. gee attacks rose four-fold compared to 2014. More- fast over online social media. Reactions to this obover, in the fall of 2015 Europe was finally faced vious intensification of hateful online commentary with what North-African and Middle-Eastern coun- in EU member states, however, were not uniform. tries have been experiencing for years: the arrival of While France opted for a crack-down on Facebook pronounced numbers of refugees, who braved the hate sites, other countries seem to have preferred a extreme hardship and uncertainty of the so-called much more conservative response; one much more 50 51 → TABLE OF CONTENTS Veronika Bajt | Anti-Immigration Hate Speech in Slovenia RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 in line with the United States’ dictum of freedom of Yet are we witnessing an actual divide within Europe or The Muslims as the udice that predominantly stems from lack of knowl- speech. Moreover, several European governments have are the recent events and anti-immigration attitudes in quintessential Other edge of Islam, while the factual contact and experience themselves exhibited racist anti-refugee and anti-Mus- CEE, including Slovenia, a reflection of the wider col-remains almost non-existent. As a consequence, the lim reactions, especial y among Central-Eastern (CEE) lapse of EU migration, integration and asylum policies? public debate is merely about the Other – for “Them” post-communist countries. Moreover, is hate speech not a direct reflection of how Islam in Slovenia is the second largest religion after or against “Them” – but notably without “Them”. This political actors treat migrants? This chapter argues that Catholicism, yet the perception of Muslims as the contributes to the gap between the majority population Whereas Slovenia shifted its stance from voluntary to it is necessary to address the production of racist policies Other remains racialized, gendered and burdened by (i.e. the “dominant nation”) as the only acceptable “Us” mandatory acceptance of refugee quota among mem- and the discriminatory treatment of migrants as the key orientalist misconceptions just as is generally the case and “Them” as the Other where the various minorities ber states, the Czech, Hungarian, and Slovak govern- instigators of hate speech.1 It does so by way of il ustrat-in the “West”. Prior to the recent “refugee crisis”, the are subsumed. It is therefore no wonder that several Eu-ments opposed the European Commission’s plans ing hate speech against refugees as observed in Slovenia nascent anti-Muslim prejudice was slightly less ap- ropean governments have backtracked from commit-to redistribute refugees throughout the EU, causing in the latter third of the year 2015. Slovenia is no excep-parent because the Slovenian Muslims are in major- ments made to manage the “refugee crisis” (i.e. real oca-a major rift inside the union. Hungary and Slovakia tion in the world where no state is “free” from intoler-ity South Slavs (like “ethnic” Slovenians), who speak tion based on a quota system), resorting to the erection even filed lawsuits in case of mandatory obligation to ance and hate speech, in this sense being comparable to mutually intelligible languages and share a common of more barriers, with fences already up in Hungary, accept refugees on their territory. Poland, previously the extremist developments in the “West” (Kuzmanić, historical legacy of Yugoslavia. Their “Muslimness”, Bulgaria, Slovenia, and Austria. also against the sharing of the quota, has reluctant- 2003). As an independent state since 1991, but also as I argued elsewhere (Bajt, 2011), was hence accept-ly changed its mind and is now to accept its share of previously as one of Yugoslavia’s socialist republics, Slo-ed as part of their identity and tolerated as long as it The annual report of the European Commission refugees, and was also recently joined by Slovakia. Yet venia has not been immune to xenophobic, racist, na-remained secluded to the private sphere, while up- against Racism and Intolerance identified as main the arriving refugees are to be only Christians, which tionalistic, sexist, homophobic, and other exclusionary surges in Islamophobia were predominantly related trends in 2014 a dramatic increase in antisemitism, Is-clearly points to further aggravation of integration discourses, as well as practices. There had been at least to the building of a mosque in Ljubljana. Expectedly, lamophobia, online hate speech and xenophobic polit-prospects for the newly arriving people in CEE who two previous periods of more profound anti-immigrant anti-Muslim attitudes correspond with Islamophobia ical discourse (ECRI, 2015). In October 2015, Marine might ascribe to Islam. Poland, for example, was the sentiment: already in the 1990s, echoing the break-up that intensifies after every terrorist attack enacted by Le Pen, the leader of France’s far-right Front National, last EU country to pass an Equal Treatment Law in of Yugoslavia and the armed conflicts that resulted in Islamic extremists. Nevertheless, rather than being went on trial charged with anti-Muslim hate speech.2 2010. With weak integration policies, Slovakia’s and Slovenia facing thousands of refugees, mostly from Bos-merely a response to Islamic fundamentalism, Islam- Even though she was eventually acquitted, the fact Hungary’s anti-immigrant sentiment surpasses the nia and Herzegovina, and again around 2001, when ophobia has a longer history in Slovenia (Dragoš, that hate speech was prosecuted in France resonated EU average. According to the June Eurobarometer asylum seekers and irregular migrants from countries 2004), stemming from biased Eurocentric teachings in Slovenia, where several public calls to the authori-survey (European Commission, 2015), nearly 40% outside Europe – e.g. Iraq, Iran, China, Sierra Leone of history, and exclusionary perceptions of “culture”. ties were made by the media, academia and civil socie- of Europeans cite immigration as the issue of most (Pajnik et al., 2001) – were placed in asylum centres, ty to react in a similar manner. concern facing the EU (just a year ago only 25%). which stirred reactions of moral panic and opposition What CEE countries have in common, therefore, is Immigration of people from outside the EU evokes a from the local population (cf. Jalušič, 2001; Pajnik, their relatively small share of foreign-born population, Since August 2015, the number of anti-migration com-negative feeling for 56%; most strikingly negative are 2007; Kralj, 2008). The recent developments form the small Muslim communities, and strong ethnicist un- mentaries seemed to be spreading faster than ever be-attitudes in the Czech Republic (81%), Latvia (78%), third cluster, certainly the biggest and most overarch-derstandings of their al egedly unique national identi- fore over social media, such as Twitter and Facebook. Greece (78%) and Slovakia (77%). At the same time, ing of the three temporal cases. Focusing on anti-immities as monocultural. The xenophobic and anti-Muslim In an attempt at curbing such blatant warmongering, most Europeans greatly overestimate the proportion grant hate speech, this chapter therefore has two goals: reactions across Europe are hence just a wider context individuals started reporting as hate speech various of their country’s actual migrant population (ECRE, it sets out to overview the most current developments that becomes even more pronounced in a specific geo- newly established Facebook groups, such as “Slove-2013; cf. IPSOS, 2015), so it is no wonder that the subsumed under the so-cal ed debate on hate speech in political reality of nationalising post-communist states. nia Guard Your Borders” ( Slovenija Zavaruj Meje), “refugee crisis” has now additionally affected the vot- Slovenia, while seeking to answer the question of how Slovenia, as one such case in point, is still a relatively “Radical Ljubljana” ( Radikalna Ljubljana), “STOP ers to shift toward far-right, nationalist parties (e.g. in best to address the rising racist anti-immigration and young “nation-state”. It lacks provisions for Muslim re- Migrants to Slovenia” ( STOP migrantom v Slovenijo) Poland and Hungary). anti-Muslim attitudes. ligious practice and is still ripe with anti-Muslim prej- or “Slovenian Militia” ( Slovenska milica). Apart from 1 Due to space limitations, the chapter purposefully refrains from an elaboration on the definition of hate speech, which remains a contested issue across various disciplines (e.g. sociology, law, etc.). In this text I therefore specifically treat hate speech as primarily a tool of humiliation, subjugation, exclusion, 2 Le Pen was charged with “incitement to discrimination, violence or hatred towards a group of people on the basis of their religion” for comparing Mus-discrimination and dehumanization of social groups based on their ascribed ethnicity, “race”, nationality, religion, and/or “culture”. lims praying in the streets to the Nazi occupation in a speech during a party rally in Lyon in 2010 (Chrisafis, 2015a; 2015c). 52 53 → TABLE OF CONTENTS Veronika Bajt | Anti-Immigration Hate Speech in Slovenia RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 individual reports to Facebook, which did not react The visual materials and messages of these Facebook phasize patriotism as the underlying guiding principle anti-immigrant warmongering that was to follow. To due to its community standards not recognizing ref- groups disseminated hostility, rejected the idea of co-for discriminatory action (Bajt, 2015). Profusely em- name just one more public high-profile case, a former ugees as a vulnerable group in need of special protec- existence, equating refugees with Islamic terrorists and phasizing their avid patriotism, “good nationalism”, MP and president of the currently extra-parliamenta-tion, no official action was taken. Hence these public presenting them as a threat to the “Slovenian nation” and at the same time pronouncedly denouncing racist ry Slovenian National Party used his Facebook profile Facebook groups quickly generated up to 20.000 likes or “European values”.3 The comments were even more or neo-Nazi undertones, such exclusionary attitudes for spreading anti-refugee messages filled with pop-each, and over 31.000 when combined. Initially, they extreme, often calling for “preparation” because “our towards multiethnic, multiconfessional and multicul- ulist anti-Muslim prejudice. August and September published photos and comments that, upon analysis, last battle has begun”. Clearly evoking the historical tural co-existence is in fact racist hate speech. More- 2015, especially when the first groups of refugees fi-contained many elements of hate speech (Svet za odziv misrepresentation of all Muslims as directly related to over, the predominant pattern of Othering based on nally reached Slovenia’s borders, hence saw a rapid in-na sovražni govor, 2015b). Their posts most common- the Ottoman invaders, seen as zealots and associated ethnic and religious terms is also frequently coupled crease of online hate speech. ly consisted of nationalistic, xenophobic, homophobic with cruelty and lack of reason, they were feeding into with exclusionary attitudes towards the LGBT popu-messages, and spread fear of and hatred towards mi- the current fears of terrorism and the constant media lation and other minorities that are claimed to threat- Due to the fact that neither police nor the Prose-grants, especially towards Muslims and Islam. When dissemination of rhetoric on the looming extremist en the allegedly homogenous Slovenian (white) nation cutor’s Office reacted, several public appeals fol-faced with Facebook reports and eventually also pub- Islamist threat. These are clear metaphors for self-or-and the lifestyle of the “common people”. lowed. The Alternative Academy (Društvo Alter- lic reactions, the online groups changed their rheto- ganization and mobilization against the supposedly nativna akademija, 2015) addressed an open letter ric to a more subdued cultural racism that cannot be impending threat of invasion – an invasion connect-to the President of the Republic, Prime Minister detected by Facebook online parameters that search ed with refugees and migrants who thus become the “Zlovenija” and other and all the presidents of political parties to imme- for hate groups based on visibly recognizable racist vilified Other that need to be averted, subjugated, an-diately call on the citizens to act responsibly and symbols and language. The groups’ moderators even nihilated. Although no explicit calls to the pogrom grassroots reactions to enact tolerance in words and actions, as well as started warning against the use of hate speech, point- against migrants may be publicly promoted, such online hate speech urging the political elite to condemn all forms of ing out that “comments expressing opinion in an in- rhetoric spurs the dissemination of racist prejudice, growing xenophobia and racism. They stated that it appropriate way” will be deleted (ibid.). Yet despite the especially if one considers the multiplying effects of was shameful that political leadership had not been pro forma proclamations of the administrators that the Internet. If we are to quickly overview the recent developments able or wanted to do any of this decisively. The Slo-these groups do not support violence and hatred, the regarding hate speech in Slovenia, it is necessary to vene Association of Journalists (Društvo novinarjev actual posts and comments revealed extremely exclu- The speed of digital social media communication start with a tweet that ignited public debate in August Slovenije, 2015) also issued a public appeal for re-sionary nationalist, racist and Islamophobic views. enables almost instantaneous sharing of all sorts of 2015, when a journalist tweeted “Europe can easily spect of humanity and dignity in public debate, as At the same time, research has confirmed that con- messages, but the Internet has not only enabled new solve immigrant crisis. With bullets” (Erlah, 2015).4 did The Anti-Hate Speech Council (Svet za odziv na temporary racism and anti-immigrant prejudice are forms of political action which strengthen civil society No legal action was taken against him and he contin- sovražni govor, 2015a), and several other civil socie-frequently disguised in allegedly patriotic safeguard- activities, it has also become a place that reproduces ued to enjoy sympathies of intolerant right-wing pro- ty actors, as well as activists and media commenta-ing of the homeland, protection of the nation, “our” inequality and the spreading of populisms (Barney, ponents of closed borders and ban on immigration. tors. What all these public appeals had in common language, culture, women. As such, when accused 2000; Mosco, 2004). Adopting practice from other Yet it ignited the public, who thought his words were was a pronounced concern that online hate speech of hate speech and spreading racist intolerance, the countries, since online platforms transgress national directly inciting hatred and should thus be prosecuted would escalate into actual anti-refugee action and standard reaction is that the Slovenian nation is the borders, also in Slovenia racist anti-immigrant visual as a case of hate speech. Even The As ociation of Jour- hate crime. Moreover, awareness has been growing one under threat and thus in dire need of protection images and short populist slogans spread like wildfire. nalists and Commentators, otherwise known to sup- among certain actors that the official policies would from the Other (e.g. the Muslims, the immigrants). In A growing number of people across the demographic port right-wing political views, deemed his comments become even more stringent, antidemocratic, racist effect, such Facebook groups predominantly call for spectrum suddenly began posting calls for the annihion refugees had “crossed the line” (ZNP, 2015), and and against immigration. As discussed in more de- integration of “Us, Europeans” to preserve “our own lation of all migrants, musing about Hitler being right, he was ostracised and stripped of a journalism award. tail in other chapters of this book (see Ladić and identity”, which they see as being threatened by the and resolving that this is the only way to protect the However, this case was just one of the examples of Slo- Vučko), this has in fact been the case (e.g. amend- “mass immigration from Africa and Asia, the spread Western Christian civilisation, Slovenia, the Sloveni-venia’s authorities not reacting to online hate speech. ment to the Defence Act, setting a razor-blade wire of Islam in Europe, the systematic rape of ‘our daugh- an nation. Research has shown, as already noted, how Setting the stage for the months to come, it was mere- fence along Slovenia’s southern border with Croa-ters’ or attack on ‘our families’” (ibid.). contemporary nationalisms and racisms routinely em- ly an overture into a sprout of online xenophobia and tia, and in the tightening of Asylum Law). 3 I purposefully refrain from reproducing such visual images or direct quotations. 4 See also http://www.portalplus.si/1054/kako-bi-nas-sestra-poslanke-sds-eve-irgl/ (27.12.2015). 54 55 → TABLE OF CONTENTS Veronika Bajt | Anti-Immigration Hate Speech in Slovenia RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Another interesting development was to be observed Lukewarm words without a clear message that any hate speech. However, once again the debate seemed network have in Slovenia expanded the space for pub-regarding online commentaries in mainstream me- and all anti-refugee rhetoric is unacceptable, as was almost more preoccupied with the right to privacy of lic awareness and action. Defining themselves in con-dia. Slovenia’s Public Broadcaster opted for a partial succinctly analysed by philosopher Boris Vezjak, who the exposed individuals than with the racist content trast to civil society organizations, networks that spread shut-down of its online portal MMC, allowing pub- observed that starting with an emphasis on “critical and intent of their hateful posts. via e-mail lists and online media operate as platforms lic commentary only below one news item pertain- and democratic debate” is “not a good introduction to that directly engage migrants, activists, volunteers. Sig-ing to the “refugee crisis” a day. This was not terribly the condemnation of hate speech”. Emphasizing free-Nevertheless, as an important spontaneous response nificantly, in 2015, the “Anti-Racist Borderless Front” efficient since it resulted in commentators migrating dom of expression and the need for critical discussion and self-organizing reaction to the alarming lack of re- ( Protirasistična fronta brez meja) was formed which has to the news item where comments were still possible. in this context namely invites an understanding of action on the side of the authorities and political actors played an important part both in terms of humanitar-Certain newspapers and magazines also shut down criticism of the refugees. Rather than protecting the at a point in time when racism was expanding particu- ian aid to refugees along the Western Balkans route, as their online forums, and eventually the biggest private object of criticism – the refugees, the president is larly rapidly in the face of increased numbers of refugees well as in taking up a political activist stance against EU television also disabled online commentary on its web in Slovenia, “Zlovenija” can be seen as a success. Name- policies of closed borders. Together with a number of portal 24ur.com. Hate speech related to the “refugee more interested in the defence of the ‘critical side’ (…) ly, the project reached the goals of its instigators, who online communities, such as “Slovenia help refugees” crisis” therefore also re-opened the public debate on affirming the right to freedom of expression, where noted they had three aims: 1) to initiate a discussion ( Pomagajmo beguncem) or “Welcome” ( Dobrodošli), whether or not online participation in the form of ‘different opinion’ again correlates or refers to those on the issue of hate speech, 2) getting people to realize and local civil society initiatives, such as “Loka, a town comments is in fact contributing to the enactment of who have qualms regarding refugees (…) and hate that the Internet is a public space and that their words for al ” ( Loka, mesto vseh), their role in countering (on-active citizenship or not. speech, which he set out to condemn, is evidently on have meaning and consequences, and 3) to condemn line) hate speech has also proven vital. the side of those who have reservations about them. al intolerance and violence.7 To reiterate, as have hu- Whereas in Germany and in France it seemed that the (Vezjak, 2015) manitarian and non-governmental organizations and Addressing the problem of hate speech is therefore a governments were attempting to tackle hate speech by volunteers actual y been performing the work of the political question that should be understood beyond limiting online commentaries and having sit-downs This all contributed to the conception of a site called state by providing direct assistance and humanitarian the narrowly defined legal stipulations and criminal y with Facebook representatives to search for ways of “Zlovenija”.6 The creators purposefully replaced the aid to refugees, so have initiatives like “Zlovenija” taken prosecutable actions. As a term, hate speech is defined curbing online hate speech, the authorities in Slovenia letter “S” with “Z”, thus switching “SLOvenija” into into their own hands the prosecution of hate speech be- by various different disciplines, thus being understood did nothing to condemn such blatantly hateful, racist, “ZLOvenija” to signify that Slovenia has become full cause of the passivity of the authorities. Similarly, a Cal- in different ways, which makes it difficult to efficiently discriminatory rhetoric. It took the President of the of hate (in Slovenian the word “zlo” means “evil”). The ais-based French newspaper Le Nord Littoral has also address the problem of the spread of intolerance, xeno-Republic of Slovenia until November to publicly com- portal was active for a short period in October 2015, recently taken comparable action against hate speech phobia and discrimination against marginalized social ment on hate speech. Only when specifically called collecting and publishing a number of extremely xen-that was posted below its reports about Calais migrants. groups. Yet discriminatory language that addresses a upon to present his position by a direct appeal of the ophobic and racist statements regarding refugees that Publishing a series of the most offensive messages from wider array than the mere legal framework of criminal-National Assembly, did he state: were posted on Facebook publicly by various “ordi- its Facebook page, along with the names of the people ly prosecutable acts incites a search for ways to subvert nary” people. A kind of wall of shame, it simply re-who posted them, the newspaper felt the offensive com- the existing practice and seek ways for empowerment Critical and democratic debate is necessary also on the produced the crudest remarks about refugees, togeth-ments posted on its Facebook page “had reached such of the subjugated. In other words, precisely within the current problem of migration and refugee crisis. The er with profile photos and names of authors. It went extreme proportions of hate speech that it had to take a context of freedom of speech it is necessary to address sensitivity of the topic cannot be a reason to take away literally unnoticed by the wider public until the same stand” (Chrisafis, 2015b). discriminatory speech as hate speech; i.e. as action that each other’s right to dissenting opinion. We all have to method appeared offline when somebody in Ljublja-is directed against minorities (by way of humiliation, be very careful to avoid statements that could be under- na put up the photographs with hateful comments Several (transnational) digital media and networks have subjugation, exclusion, discrimination and dehumani-stood as intolerant and offensive. None of us is immune as posters. It therefore took seeing the words and enriched activism concerning human rights and migra- zation). And it is necessary to respond to, call for public to hate speech, so we must all do our best to avoid it. pictures of random people printed on paper and plas-tion, particularly in the last few years. Col ectives such ethics, and endeavour to educate the general public on (Predsednik Republike Slovenije Borut Pahor, 2015)5 tered on lamp posts to finally stir up public debate on as the Rog Social Centre and general y the Njetwork the negative consequences of hate speech. 5 See also http://www.delo.si/assets/media/other/20151105//Predsednikovo%20stali%C5%A1%C4%8De.pdf (22.12.2015). 7 This can be directly attested also with the fact that on 15 December 2015 even the Slovenian Academy of Arts and Sciences organized a public consul-6 The site is currently at standstill, see http://zlovenija.tumblr.com/ (26.12.2015). tation on hate speech. 56 57 → TABLE OF CONTENTS Veronika Bajt | Anti-Immigration Hate Speech in Slovenia RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Who generates hate speech? Namely, better known as “verbal delict”, this article refugees as a nuisance and a threat, in this way di- used to thwart freedom of speech in Yugoslavia. How- rectly contributing to the increasing occurrence of It is important to distinguish between, on the one ever, enabling the right to express one’s political views anti-immigration hate speech. It is therefore vital to hand, amorphous multitude of individuals who, in freely in public is far from at odds with also guarding talk about accountability of political representatives principle, do not reach the general public with their the humanity of minorities and prosecuting discrim-and expect of them as elected representatives to clearly statements and acts and, on the other hand, political ination. Yet this seems to be what predominantly in-condemn every expression, rhetoric and action that is actors, decision makers, policy makers, who are all fac- forms the current fear in Slovenia of allegations of the degrading, discriminatory and racist. Hate speech, as tually important generators of public discourse and infringement of free speech. witnessed in Slovenia, derives its legitimacy precisely therefore bear the greatest public accountability for from the actions and rhetoric of the political elites. the consequences of their rhetoric and actions. Con- Calls for the killing of refugees are an extreme form sequently, it is the political actors – at local, national of hate speech and should therefore be immediately and European level – that bear the primary responsi- clearly and publicly rejected as inadmissible. It is, how-Conclusion bility for the rise in hate speech. It is therefore crucial ever, not the aim of this chapter to dwell on whether to draw attention to systemic inequalities and call for or not calls against migrants should be taken up by accountability of political elites, whose actions facili- the police and the prosecutor’s office. According to Since Slovenia faces a lack of mechanisms for the tate the rise of hate speech, the likes of which we have the existing legal regulations, in Slovenia any incite-prosecution of hate speech, resulting in the fact recently also witnessed in Slovenia. It is necessary to ment to hatred is vetted against a question of whether that it is permissible to say practically anything, a draw attention to the systemic denial of the rights of or not it is inciting a threat to “public order”, since only number of civil society actors have lately taken up marginalized groups – quintessentially migrants and public peace and order are in fact subject to protection the initiative to act. A number of individuals and refugees, whose voice holds an underprivileged posi- according to the applicable law, whereas vulnerable initiatives have taken a stand against hate speech, tion in society. By allowing open calls for the killing groups as such are not. What I nevertheless wish to including resorting to public exposure of those of refugees we are as a society dangerously close to a reiterate is the following: the rhetoric of governmental who spread hate speech. In the face of a growing normalization of anti-immigrant inflammatory, racist actors has been caught up in security discourse that number of calls for the annihilation of refugees, rhetoric that creates the conditions for the outbreak of in consequence vilifies refugees and criminalizes mi-especially Muslims, the state apparatus has long violence.8 grants (for more, see Pajnik in this volume). Rather remained silent, even though Article 63 of the than contributing to the solving of the humanitarian Constitution of the Republic of Slovenia prohib- Relating to hate speech, past action of the Prosecutor’s disaster that was termed “refugee crisis”, the political its any incitement to discrimination, intolerance Office of the Republic of Slovenia indicates that the actors have exacerbated the plight of refugees, and and violence. Yet any and all discussions of hate standard response to complaints is to predominantly in effect also the local population. The consequent speech are inevitably connected to the debate on refuse them. There is hardly any case law in the field rise of fear in the past months since Slovenia has ex-freedom of speech, since this is considered one of treatment of hate speech in Slovenia and the au- perienced a pronounced number of refugees crossing of the cornerstones of democracy. At the same thorities have obviously chosen a path of maximum its territory has thus expectedly also spawned hate time, freedom of expression also remains one of tolerance that corresponds to the North American speech. Rather than contributing to the moderation the most contested rights. Since in Slovenia hate concept of freedom of speech. With Slovenia’s legacy of public debate, treating refugees with dignity, and speech remains a largely non-resolved topic, there of being a socialist republic in the former Yugoslavia, the unavoidable phenomenon of migration as a fact is an even higher need for alternative mechanisms this is somewhat understandable, since the collective that should be addressed in humane terms, the ill-pre-of response, as well as continued cooperation of memory of the once infamous Article 133 still haunts pared governmental mechanisms of refugee reception existing key actors responding to hate speech in the understanding of what constitutes free speech. and registration only strengthened the perception of the public debate. 8 Graffiti with swastikas and Celtic crosses have vandalized the premises of a local centre that collects help for refugees in Novo mesto, followed by a Molotov cocktail that was thrown at the gates, and recently also a letter threatening with arson. Moreover, on two separate occasions, pigs’ heads and blood were thrown on the construction site of the Islamic cultural centre in Ljubljana. For more, see Kajtazović (2016) and Svet za odziv na sovražni govor (2016). 58 59 → TABLE OF CONTENTS Veronika Bajt | Anti-Immigration Hate Speech in Slovenia RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 REFERENCES • Bajt, Veronika (2015): Nacionalizem in rasizem v patriotizmu Tu- • Erlah, Sebastjan (2015): Tweeter. 26 August, Used to • Svet za odziv na sovražni govor (2015b): Facebook strani skupin kaj je Slovenija [Nationalism and Racism in the Patriotism of the be available at https://twitter.com/sebastjanerlah/sta- »Slovenija Zavaruj Meje«, »Radikalna Ljubljana« in »Sloven- Group “Here is Slovenia”]. Časopis za kritiko znanosti XLI I (260): tus/636619977869688832. ska milica« (3. Odziv) [Third Response of the Anti-Hate Speech 153-166. Council], 9 November. 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Available at http://www.mirovni-in- Annual%20report%202014.pdf (23.12.2015). stitut.si/govor/ (22.12.2015). 60 61 → TABLE OF CONTENTS RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Migration in the Mirror of Mediatized Anti-politics Mojca Pajnik ABSTRACT The chapter analyses the “media making” of migration, on the example of the “refugee crises” in Slovenian context. I analyse the political parallelism, i.e. the adaptation of the media to the agenda of the political parties in the context of “mediatized society”, connoting permeation of politics with the media and the media with politics. Media reporting on migration is used to show the declining responsibility of (public) media in their relation to the public. Instead of providing space for informed deliberation media echo the elite discourse. It is shown how media reproduce framing migration as a threat to the nation and to society, thus acting as a propaganda-like tool to serve the elite political and corporate interest in the context of “post-democracy”. Keywords: Migration, media, mediatization, politics, anti-politics, refeudalization of the public Šentilj (accommodation centre), 2 November 2015 The refugee camp in Šentilj was set up as an accommodation centre. There are several smaller (as shown in this photo) and Media in the function of one large heated tent, which are all equipped with folding beds. Unfortunately, the camp was often overcrowded, staging the elite exceeding the capacity to accommodate 2000, thus some people had to sit and also sleep on the floor. In this camp, Since the mid-1990s, the media across Europe have been media, largely adopting the discourse and attitude refugees had access to food, clothes, toilets, running water reporting about migrants crossing the Mediterranean of the political elites, have made those migrating into and medical assistance. However, food was distributed at Sea, counting the drowned day by day, highlighting the dangerous subjects causing “the huge refugee crisis specific hours and groups of refugees that arrived to the camp the misery of the “naked humans”, but rarely reporting in Europe”. Since the autumn of 2015, we have largely after distribution time and were told to leave the camp before about the fal acies of European migration regimes witnessed media discourse fol owing the discourse the next food distribution were left hungry. and the interventions of western forces in the Middle of the political actors oscil ating between the al eged East and elsewhere. From 2015, fol owing people on solidarity with migrants and viewing them at the same the move, fleeing from war, political, economic and time as those potential culprits for the many problems military turmoil in Syria, Afghanistan, Iraq etc., the in Europe. In this chapter I address the question to what 62 63 → TABLE OF CONTENTS Mojca Pajnik | Migration in the Mirror of Mediatized Anti-politics RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 extent journalists make use of the language in their own politics with the media and the media with politics, If the prime minister says migrants are a threat that creased border control, when introducing policies, writing, and to what extent they report its use by strong making media dependent on the functioning of the needs to be controlled and if he repeats this several such as the militarization of the borders and of soci-political actors, focusing on the sample of the selected political elites (Mazzoleni and Schulz, 1999), the elite times, then the media follow and repeat the speech: ety by increasing the power of the army (granting the media in Slovenia. was consolidated in the belief that it advocates public migrants are indeed a threat. army the authority of the police by an ad hoc change good, but was also established in its self-presentation of the law on defence), or “securing” the borders with Public reasoning and acting is largely naturalized in of the public good: the elite is the public good. razor-wire fence or, when speaking at meetings in par- contemporary mediatized societies as acting of the elite. The anti-politics of liament in Ljubljana, in Brussels and even at the UN The shift in understanding the media sphere in Kan- The idea of “good society” that is there for the public is conference etc. In addition, news primetime TV protian terms, as a space for practicing public use of reason, not something that emerges through citizens’ delibera- “disoriented journalism”: grams are also an example of how not only national, as citizens’ right to communicate to viewing media as a tion, rather, the elite becomes – through its visibility in Enthroning migrants as but the EU elite discourse finds, most often un-re- tool for the elite to present itself was conceptualized by the media – the good in itself. This reduced the idea of flected, allegedly objectified representation by cor-Habermas (1962/1989) decades ago as “refeudalization the media as a sphere of deliberation to serve as a mirror a threat respondents in Brussels or Berlin who report about of the public”. Property owners, the lords of feudalism, that simply records the whereabouts of the elite. In this important speeches of important people. We have were formed as a “representative public” that functioned context – and the theme of the refugees in Slovenian Reducing politics to parliamentarism, to reflecting seen from studies on propaganda that if speeches are to present their power in front of the people. Later, with media (in 2015) is an exemplary case – we are witness- (only) the whereabouts of political parties, their lead- repeated, then their meaning is most likely accepted liberalism and the consolidation of representative de- ing the assimilation of the media agenda with the agen-ers and the supporting state services is best shown in by the public, as a normal, natural and even the only mocracy, the bureaucratic apparatus of the state was da of the government. Reporting about migration and news programs on both the public and private tele- reasonable response, regardless of the content. formed as “the public” that represents itself – through refugees, the media largely turned on the microphones vision. If the private television finds the excuse in its media – to the audiences (citizens as spectators). With to constantly repeat the government discourse and very private and market-oriented program, where it Fetishizing “strong publics” is in the media sphere the rise of neoliberalism the apparatuses of the strong agenda, reproducing migrants as a threat to the Sloveni-is supposedly legitimate that the private “eats up” the closely related to the selection or, better, the non-se-states from the centre (in contrast to those from the pe- an nation and society.1 public, then the public broadcasting, if we are at all to lection of journalistic sources. The reductionist un-riphery) were joined by global corporate capital using value its purpose and legal frameworks, has no excuse. derstanding of politics matches the use of the sourc-the media as a channel for self-representation and rein- The reporting about refugees is a telling example unPolitics should not be treated as party politics only. es – largely sources of strong publics are used, most forcement of their own power. covering the media in their attitude towards the public, Politics, in Arendtian terms (Arendt, 1958/1996), is often just re-used, with no critical reflection of con-reducing the public to mere recipients of government what citizens perform together; politics is about “good tent, at the expense of the sources coming from “the Scholars from the critical Frankfurt school have discourse, and, what is more, reducing the meaning of old” reasoning, debating, deliberating, acting, inter- weak publics” of civil society, NGOs, activists and shown how citizens, normatively viewed as an active the political to parliamentarism, to the discourses and vening etc. that are nowadays so fashionably replaced intellectuals, including, in the example of migration, public, were instrumentalized in the context of the policies of the political parties. “Parliamentary fet-by objectified and neutral journalism, feeding the po- the many volunteers working on the ground. Their developing mass society into recipients, a passive audi- ishism” from Marxist terminology captures well the litical and corporate interest, or by desk-top more or reports found no space in the media. And when they ence that consumes infotainment offered by the media. media attitude towards politics: whatever comes from less resigned liking on social platforms. did, they were largely presented as a (weak) counter- The media as a sphere for public reasoning faded away the “strong publics” is for the media per definitionem part to the responses of the state (government, police, to give space to the mediatized communication of the worth considering, or even “a must” to consider, ac-Each time the prime minister or some other political army) or as legitimizing the strong public’s agenda.2 elite that represents its power in-front of the people. tually, without any consideration or judgement about figure spoke about the refugees being a “serious threat The “elite” or the “strong” public (Barber, 1984/2003) what comes from the elite. The media are echoing the to security” – which happened regularly in the period What politics is really about, i.e. the negation of replaced the idea of the public as citizens’ activation “what”, even if of no public value, or even if the “what” between August and December 2015, several times equating it with the elite, is understood by the media and deliberation with the “institutionalized public is, for example, a manifestation of racism. The “what” a week or even on a daily basis, the media were there (and the elite) as something radical, unreal, utopian or sphere” or the bureaucratic elite. Through processes always finds a primetime placement in the media; the to reproduce the speech. This occurred for example, idealist (cf. Zadnikar, 2005). In this context it comes of mediatisation of society connoting permeation of media are always there to turn on the microphones. when holding a press conference to announce an in- as a no surprise to witness the non-use of “alternative” 1 My analysis in this chapter uses references from migration studies and normative theory of the media. Observations of media reporting on migration in 2 These reports – importantly – found space in other publications, cf. several reports published in the Journal for the Critique of Science (2016, no. 262), the period from September to December 2015 mainly draw on televized reporting, particularly the public broadcasting, its primetime news program, see also the chapters by Frebutte, Ladić and Vučko in this volume. while similar observations can be applied to the functioning of several other media, including print, radio and online media, for analysis see www.be- gunci.net. The analysis here draws on personal notes and observations collected by the author. 64 65 → TABLE OF CONTENTS Mojca Pajnik | Migration in the Mirror of Mediatized Anti-politics RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 sources by the media in reporting about refugees, or objectivity, neutrality that have been largely trans-Abuse of language: Media to reinforce border control, they would advocate for of minimizing, often adopting a paternalist tone, the posed in a European context from the so-called liberal collaboration in “solving the separation of refugees from the undeserving eco- struggles of no border movements, volunteers, NGOs media systems represented by the North American nomic migrants, many young males who would do etc. The weak or, better, the alternative publics are media where the media sphere has been deregularized the migrant question” better staying at home and helping to save the burn- never primetime news, no space is offered to serious- and left to the invisible hand of the market which ing “motherland”. And when they introduced new ly discuss ideas of politics emerging bottom-up. To then separates good (economically efficient) from bad One example of disorientation of the media and the borders, when they wired the country with razor wire, the contrary, if and when these publics are “covered” (non-profitable and publicly responsible) media. lack of any editorial policy (having no policy is becom- it was opportune to add to the undeserving economic by the media, when they receive media attention, ing a policy) is seen in the example of adopting vari- migrants the group of potential terrorists. The media then in broadcasting this brings marginalization of Critical professionalism, practicing judgement in ous names for migrating subjectivities. Literature on largely adopted the government agenda – when want-alternative voices that are presented as having no real the public gave way to the strengthening of facto-autonomy of migration (Balibar, 2004; Papadopoulos ing to stress the need for a Europe of solidarity, then power to change the status quo. Instead of acting re- graphic reporting, covering the mere facts of a sto-and Tsianos, 2007; Mezzadra, 2011) has taught us to the term refugee was often used, when discussing mi-sponsibly towards the public, the media, by downsiz- ry, objectifying the reality and by so doing actually view subjects who are on the move not as victims, but gration policies the mixture of terms pointing to those ing the importance of various civil initiatives, serve producing a picture of a distorted reality. One such as “nomads of the present” who disrupt the certainties, undeserving was used. to strengthen the “institutionalized public sphere”, example is explaining in front of the cameras that break the rules, cross the borders, rupture the status showing, again, one layer of how political parallel- the fence has been torn down by the revenging ref-quo, and bring possibilities to critically rethink socie- What is more, the media not only conformed to the ism, i.e. the fusion of media with political elites, is ugees who on top litter and set camps on fire. The ties and the way they function. Such reflections hardly political agenda, they even worked to reinforce it: sev-reproduced (cf. Hallin and Mancini, 2004). public should be informed reasonably, not facto- find space in the media that treat migrants as victims ering the migration policy was justified by the media graphically, its reason and judgement, and not ste-or perpetrating illegals. A large majority of news used by using euphemisms, such as “the floods of migrants”, Reducing politics to the policy of the elite and by so reotypical representations should be stimulated by several namings for migrants, such as refugees, asylum “an overwhelming wave of migrants”, “migrants are doing downsizing the true meanings of politics is the media. How is the broken fence related to the seekers, illegals, foreigners, economic migrants etc. like a torrential river”, “migrants are like a spilling water what constitutes media in their administrative and an- migration policies adopted by the government and without any reflection of the meanings, the difference that always finds a hole to overflow” etc. Migrants were ti-political function since the rise of mass society. Re- the EU is one question that should not remain un-of the terms, not to mention that it was impossible to largely reinforced by the media as a threat, presented as flecting the inner mechanisms of instrumentalization answered (yet it did and it does). As the public we imagine any news items that would question the very a natural disaster, reinforcing the idea or an emergen-of the media, this should not only be understood in have been faced with several similar news depicting terminology that functions to differentiate people, us cy situation which all worked to justify the migration terms of ideology – instrumentalization as something migrants as “out-casts” that do not belong in “our” from them, the good from the bad, the deserving from policy, a policy that I have analysed elsewhere (Pajnik, that comes from the outside, from the strong powers societies: we have witnessed news that enforced im-the undeserving, the useful from non-useful. Journal- 2015a) as a policy of “institutional racism”. The man-of the elite that exploit the media and that latch their ages of migrants as potential criminals, i.e. stressing ists seemed frustrated for not being able to simplify sto- ifestations of the state apparatuses reveal institutional own powers to media workers. To the contrary, media the possibility of some migrants being terrorists, ries of migration and they ended up using five different racism at the border (Pajnik, 2015b), where racism is are an active agent in reproducing the environment statements highlighting migrants’ possessions such terms in one short news item producing good exam- directly (re)produced at the intersection of political of hostility towards citizens’ politics. They do this, as mobile phones spreading doubt over the justified ples of what we could name “disoriented journalism”. (refugees as a threat to the nation), legal (changing laws as I have already stressed, first by focusing their un- reasons for their flee. Saying as much as possible, producing a cacophony of to “secure” the nation, enforcing police and army pow-conditional attention to the elite discourse, no matter voices, in as little time as possible, the more confusing ers) and medical (disinfect the camps and protect the how alienated it is from citizens’ (including migrants’) Media should offer orientation to the public rather and unreflected, the better. health of people (excepting refugees)) racial discourses needs. Second, the anti-politics of the media are pro- than feeding the audience with (allegedly) objec-and practices. Not addressing such issues, to put it very duced by the unprofessional professionalization of the tified facts. Reporting to capture every (insignifi-A telling example of political parallelism (Hallin and bluntly, the media are not only reflecting, but collabo-journalistic field. We have been witnessing for decades cant) moment of an event, reality-show-like report-Manicni, 2004) is the separation of the term refugee rating in the production of institutional racism. Such the declining of journalistic values such as that of re- ing, where the most important journalistic stand-that was most often contrasted with the term eco- collaboration that shows lack of media autonomy re- sponsibility that relates the media to the public, i.e. ard is to be plugged in non-stop, to be present and nomic migrant. When the government spokespersons sembles the “cooperative role of the media” (Christians the media are there to provide space for public com- on the lookout is what produces and reproduces wanted to stress their humanitarianism, they spoke et al., 2009) usually at stake when issues are framed munication, to serve the public and secure the public reality, without providing any guidance on how to of refugees, meaning those victims, including many as an emergency (war, crises, independence etc.), and good. Instead, media professionalization has asserted interpret reality, how to judge and to think about it. women and children, who flee from war, and Slove- largely has the reporting on migration reflected such values that bring alienation from the public, such as Rather, the media offers the consumption of reality. nia and Europe should help them. When they wanted role of the media. 66 67 → TABLE OF CONTENTS Mojca Pajnik | Migration in the Mirror of Mediatized Anti-politics RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Pragmatism of wording is tellingly shown by H. manifestations of racism and fascism that never ceased i.e. for acting as “the mouthpiece” of political parties and the public media in particular fail to reflect the Arendt in her essay We refugees written in 1943. If to exist, rather, they take on news forms (Pajnik and and other powerful groups (Wood and King, 2009: 2). meanings of the terms used, investigate references, today the term refugee points to a person who has Valenčič, 2015). The fact that Western media orchestrated a condem- seek for alternative sources, and they do not provide been so unfortunate as to arrive in a new country nation of terrorist attacks in Paris on a Black Friday, informed, but rather objectified meaning-making. with no means and has to be helped, before a refugee Too many times we have witnessed the media’s at- the 13th of November 2015, but were silent on “their” The reporting on migration is one case that shows used to be a person driven to seek refuge because of tempts to reproduce problematic speeches, includ- (not “ours”) victims of similar attacks a day before in how a public medium acts to represent political par-some act committed or some political opinion held. ing those that explicitly incited hatred, such as, for Beirut (or in previous days in Iraq) is one telling exam- ties in front of the public, as described by Habermas. And being a persecuted Jew Arendt explains how she example, speeches by certain Slovenian politicians ple of “propaganda bias” of contemporary media. did not like to be called a refugee: and other public and non-public figures who even Media models that are subordinated to the powers invited gas chambers and shooting to “clean up” Another exemplary case pointing to the signifi- of the political and corporate elite – “government We did our best to prove to other people that we migration. In a European and American context we cance of language as well as the need of the media or parliamentary-led model of public broadcasting”, were just ordinary immigrants. We declared that we have recently witnessed, to name just a few examples, to critically reflect its use is related to the setting up according to Hallin and Mancini (2004) are vulner-had departed of our own free will to countries of our Cameron addressing migrants a “swarm of people”, of the wire to reinforce border control, and to its able to instrumentalization for propaganda-like pur-choice, and we denied that our situation had anything Le Pen speaking of bacterial migration and Trump media representation. When the Slovenian govern- poses. And propaganda, as we know, flourishes best to do with “so-called Jewish problem”. Yes, we were calling Muslims should publicly wear identification ment (in November 2015) (self)imposed the duty in circumstances where politics has collapsed, where “immigrants or “newcomers” who had left our country tags – remember the use of the Star of David to ex-to act as the “sheriff of the Schengen regime”, it the distinction between politics and the police, be-because, one fine day, it no longer suited us to stay, or pose the Jews? chose the razor wire as a tool of implementation of tween solidarity and order of repression vanishes. for purely economic reasons. (Arendt, 1943) “security” (where securitizing the state and its peo- The circumstances of “post-democracy”, as Crouch ple brings insecuritization to the migrants, cf. Pa- (2003) reminds us, have produced the diminishing The terminology used is never neutral; it always Reclaiming the media, jnik, 2011). Again, we have witnessed the fusion of distinctions between political parties; the uniting of reflects social and political regimes. Language is media and the government discourse when media, the left and the right into the “extreme centre” (Ali, closely tied to thinking and acting, as we have seen cutting the wire in “post-following the elite agenda, avoided naming the wire 2015) has the capacity to unite people in the Volks-in history how fascism was born with the support democracy” a wire. Rather, the wire became “a tool to direct gemeinschaft that has in history spurged exclusion of a hardly recognizable abuse of language, as shown migration”, a “technical mean” or an “obstacle”, a and racism. Propaganda flourishes where reason de- again by Arendt (1951/1973) in her discussions on “professional tool”, and often it was added that the clines, where space for argumentation shrinks and the origins of totalitarianism. Fascists and Nazis The rise of neoliberalism in the 1960s and 1970s implementation of the technical border should be where a fictive world is formed, doubting in which never spoke of killings, murder, liquidation, rather, embodied in the anti-politics of Thatcher and Rea-left to the “professionals”. This produced situations becomes unrealistic. To avoid propagandistic instru-killing the undeserved meant “evacuation”, “seeking gan, accelerated the rise of what Crouch (2003) has ad absurdum when the media reproduced speech- mentalization, media should reclaim its responsibil-and implementing solutions” or, ultimately, “solving termed “post-democracy”. Politics in post-democracy es by government representatives who were saying ity to the public and the public should demand re-the Jewish question” – and who else if not the media has been turned into a spectacle, into a commodity to that “the wire is actually not a wire” and that it only sponsible media. is a better tool to assist in “solving the migration be sold, with the professional assistance of public rela- “appears as a wire”. question”? tions experts, to the customers on the market. Centres of “strong publics” globally and nationally, and the We have seen in the past that borders and wires even- At various occasions we have heard how one should transnational corporate elite are pulling the strings, tually materialized the ruling of the elite by “a firm not compare contemporary “disposal of migrants” disconnecting citizens from politics – through media. hand”. Instead of reproducing the shifting pragma- (Bauman, 2004) with particularities of racist and The media thus adapt by enthroning the “commercial tism of the elite, the media, especially public media, fascist regimes of the past. But it is the very duty of the speech”, which is fused with self-interest of the elites, should critically analyse the speeches and policies of intellectuals to do so, to reflect resemblances, to relate reproducing institutional political communication as the elite. Rather, they are adopting its agenda and the current disposing of migrants to similar disposals “political propaganda” (Miller and Dinnan, 2004). If producing news items and shows that largely serve done in the past. There are important differences, of radio was once severely abused as a propaganda tool to legitimize the use of the razor wire, reinforcing a course, but the present and the future exists through for the reinforcement of fascism, then, today, the me-dangerous feeling that it is actually safer to live with- the past, and we need to reflect contemporary dia should be questioned for assuming a similar role, in a wired state. We see how the media in general 68 69 → TABLE OF CONTENTS Mojca Pajnik | Migration in the Mirror of Mediatized Anti-politics RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 REFERENCES • Ali, Tariq (2015): The Extreme Center: A Warning. London: Verso. • Pajnik, Mojca (2015b): Mejni režim dobro pokaže evropsko ra- sistično naracijo (Border Regime Exemplifies the European Rac- • Arendt, Hannah (1951/19733): The Origins of Totalitarianism. ist Narration). Interview, Portal MMC RTV SLO, 27 September New York: Harcourt, Inc. 2015. • Arendt, Hannah (1958/1967): Vita activa oder Vom tätigen Leb- • Pajnik, Mojca and Valenčič, Erik, eds. (2015): Rasizem: razreza- en. München: R. Piper & Co. Verlag. ni svet (Racism: Cut up World), special issue of the Journal for the Critique of Science, Imagination, and New Anthropology, no. • Arendt, Hannah (1943/1994): We Refugees. In Altogether Else- 260. where: Writers on Exile, M. Robinson (ed.), 110-119. Boston: Faber and Faber. • Papadopoulos, Dimitris and Tsianos, Vassilis (2007): The Au- tonomy of Migration: The Animals of Undocumented Mobility. • Balibar, Étienne (2004): We, the People of Europe? Reflections In Deleuzian Encounters: Studies in Contemporary Social Issues, on Transnational Citizenship. Princeton and Oxford: Princeton A. Hickey-Moody, P. Malins (eds.), 223-235. Basingstoke: Pal- University Press. grave. • Barber, Benjamin (1984/2003): Strong Democracy: Participatory • Wood, Nancy and King, Russell (2009): Media and Migration: Politics for a New Age. Berkley: University of California Press. An Overview. In Media and Migration: Constructions of Mobili- • Bauman, Zygmunt (2004): Wasted Lives: Modernity and its Out- ty and Difference, R. King, N. Wood (eds.), 1-22. Park Square: casts. Cambridge: Polity Press. Routledge. • Crouch, Colin (2003): Postdemocrazia. Roma-Bari: Laterza. • Zadnikar, Darij (2002): Nato in globalizem [Nato and Globalism]. In Ne Nato, mir nam dajte! [Give Us Peace, Not Nato!], M. Gre- • Dinan, Wil iam and Mil er, David, eds. (2007): Thinker, Faker, gorčič and G. Kovačič (eds.), 11-20. Ljubljana: Mirovni inštitut. Spinner, Spy: Corporate PR and the Assault on Democracy. Lon- don: Pluto Press. • Christians, Clifford G., Glasser, Theodore L., McQuail, Denis, Nordenstreng, Kaarle and White, Robert A. (2009): Normative Theories of the Media: Journalism in Democratic Societies. South Oak: University of Il inois Press • Habermas, Jürgen (1962/1989): The Structural Transformation of the Public Sphere: Inquiry into a Category of Bourgeois Socie- ty. Cambridge: Polity Press. • Hal in, Daniel C. and Mancini, Paolo (2004): Comparing Media Systems: Three Models of Media and Politics. Cambridge: Cam- bridge University Press. • Mazzoleni, Gianpietro and Schulz, Winfried (1999): “Mediatiza- tion” of Politics: A Chal enge for Democracy? Political Communi- cation 16(3): 247-262. • Mezzadra, Sandro (2011): The Gaze of Autonomy: Capitalism, Migration and Social Struggles. In The Contested Politics of Mobility: Borderzones and Irregularity, V. Squire (ed.), 121-142. London: Routledge. • Pajnik, Mojca (2011): Impossibilities of Social Citizenship: On Statelessness of Migrants. In Security, Insecurity and Migration in Europe, G. Lazaridis (ed.), 239-257. Farnham, Burlington: Ashgate. • Pajnik, Mojca (2015a): V imenu ljudstva: sodobni procesi ra- sizacije [In the Name of the People: Contemporary Procesess of Racialization]. Journal for the Critique of Science, Imagination, and New Anthropology 43(260): 7-15. 70 71 → TABLE OF CONTENTS RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Refugees, Migrants and Others: The Demand for World Change or How to Think and Understand the Problem of Superfluousness? Vlasta Jalušič ABSTRACT The problem of contemporary refugees seems to be connected with war and privation on the one hand and with the existence of borders of nation-states which prevent the free movement of the people on the other. This chapter once more opens up the question, what kind of problem the existence of nowadays’ refugees really is, how to understand it and make it visible in its main dimensions. It sheds the light on the phenomenon of superfluousness as the source of the “refugee problem” and the key feature of the new form of global government. Two sides of the phenomenon of superfluousness that are crucial for understanding the situation in which we find ourselves in regard to the so-called “mass migrations”, the problem of “refugees”, “migrants” and “us” are discussed. Šentilj (leaving the accommodation centre), 2 November 2015 Keywords: A group of refugees on the photo was about to leave the accommodation centre in Šentilj and go towards the Austrian Refugees, migrants, superfluousness, double dehumanization, depoliticization, Arendt, Agamben border, located roughly 400 meters away. In October and November the police often simply opened the fences and shouted “go, go” and “move” to the refugees. Some people did not even understand what was happening, since they had just arrived to the camp not long ago and were told they INTRODUCTION can settle, change clothes, sleep or wait for food. This often created panic among people. When everyone began to run “We are people, not animals,” shouted one of the are crammed together. The Australian government towards the border, young men or adults travelling alone were refugees (of approximately 1000) detained anywhere sees this refugee centre as a successful and efficient the fastest and were in front of the families which remained behind as they could not run fast enough and then also had to up to two years on Manus Island, Papua New solution. The government “solved” the refugee wait the longest to cross the border. Guinea, where two years ago Australia had set up a “problem” with a special (external) territory which it so-called “transit zone” in which it packs the refugees created with financial bribes, while at the same time – actually a camp in which the so-called boat people creating a few extra jobs for the locals. It thereby 72 73 → TABLE OF CONTENTS Vlasta Jalušič | Refugees, Migrants and Others RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 frightened the prospective comers to Australia, Socialism and Fascism, one would have expected the war in Syria and its neighbouring states.1 But driven by the notion of protection from terrorism thus substantially decreasing their numbers (see there to be a certain awareness about the fact it is not so. Of the 11.8 million displaced persons and security. The checks and the restriction of free Andrew, 2015). The European Commission that the refugee problem and the states failing to from Syria, six percent had come to Europe by border crossing are (according to the latest variants) obviously has something similar in mind with its protect certain groups of people are symptoms of November 2015 (Al Jazeera International, 2015), to be applied not “only” to refugees, but also to “citi-suggestion of transit zones on Schengen borders. and also the very basis for the emergence of these while the majority had sought refuge in nearby zens” on account of many of them supposedly taking Actually, transit zones of sorts already exist both on forms of governments, such as National Socialism. countries, particularly in Yemen, Lebanon and part in military operations abroad. The implications European borders (Lampedusa, Sicily) and on those Turkey. At the same time, a large number of are far-reaching. All countries inclined to totalitari- internal ones that the refugees cross. This gave rise In those years, the Slovenian authorities introduced refugees come to Europe from other areas and anism need an internal elusive enemy as the core of to a sort of a transit corridor, albeit improvised. (invented) the status of a “temporary” refugee, continents, especially Africa, sub-Saharan Africa their policies. However, this improvisation and temporariness thereby literally undermining the international in particular. In 2015, more than 845.000 people only contribute to establishing a “practice” and legal basis that protected displaced persons. This crossed the Mediterranean Sea, of which at least At no point do these “solutions” deal with the prob- gaining experiences which will consolidate and enabled a long-term detention of people in refugee 3500 drowned on this dangerous journey (Al lem of so-called economic migrants who are seen will probably be used more broadly. centres and their consequent loss of time in a Jazeera International, 2015). This aroused moral merely as “opportunists” that want to take the easy prolonged life in limbo. Parallel to this in 1992, indignation in Europe, which bore no political road to obtaining the benefits of the welfare state At the moment of writing this text, the Slovenian the Ministry of the Interior carried out the erasure consequences, except a vale of tears (cf. Štefančič, in the most developed European states (without government has been putting up a razor wire fence of certain groups of people from the Slovenian 2015). These refugees (and many others) are wishing to assimilate to “our” cultural values). This on the border with Croatia in order to “protect the Register of Permanent Residents, thereby categorized as “migrants” or, according to the “problem” is being solved, on the one hand, as an Schengen border” and prevent, not the arrival, but unlawfully depriving them of their legal status latest differentiation in the media and by some alleged problem of economic underdevelopment, in the alleged possible “dispersal” of refugees along of permanent residents of Slovenia, which can be politicians, as “economic migrants”. particular, as the issue of reducing global inequality the border and across the territory of the Republic understood as the original crime of the Slovenian as part of the “development aid” package, and on the of Slovenia. This is the second time in the short state in the sense of a literal administrative In the “policy-making” politics (that is, today’s politi- other hand, as the problem of the “integration” of history of independent Slovenia that we are faced reduction of one group of inhabitants to bare cal technology), the definition of the problem dictates migrants into European environments. with the arrival of a great number of refugees, al- humans, resulting in their absolute exposure to the way its solutions are proposed. And the solutions though this time, except for a very small number of the violation of their rights, including the right proposed in relation to the mentioned definition of them, the refugees do not remain on the territory to life (see Jalušič 2007). At the same time, in the problem revolve around the measures for reducing Holes of oblivion of Slovenia. the last twenty years, the tolerance to all kinds of the flows of refugees, that is, the number of refugees, public statements about the so-called Others has and confining them by means of gathering them on The first “wave of refugees” came to Slovenia in gradually increased. On the basis of the attacks in European borders, and around the simultaneous ac- In 2015, the so-called “Balkan route” somehow 1991 and 1992, at the beginning of the Yugoslav New York in 2001, as well as later in London and tivities for stopping the war (concretely in Syria) either naturally reduced the number of direct crossings of Wars. Slovenia’s direct involvement in that conflict Madrid, and finally in Paris in 2015, which are by military intervention and/or negotiations. the Mediterranean Sea and thus also the number of was short-lived and did not yield mass casualties. presented in the Western horizon as paradigmatic fatalities. But the consequence of such a “natural” Initially, the people reacted to the first arrivals cases of “Islamic terrorism”, an elusive ideological Though I shall avoid exceeding the word count of this problem-solving, that is, the flow cleaving another of the refugees with great solidarity. However, enemy was formed (cf. Jalušič, 2015, Bartov 1998) article by not continuing with an in-depth discussion channel for itself, are not promising. In general, Slovenia soon closed its borders, refusing to accept growing stronger and more powerful with every on the hypocrisy of the big players who help instigate the refugee problem increasingly appears to be and any more refugees, although at that time it did act of the struggle against it. But I will not follow an armed conflict only to defuse it later by the very is publicly presented as a problem related to a force so without erecting any barbed wires or barriers. this line of thought here; this was only to indicate same means, I would however like to point out that of nature and not as a result of people’s activities It opened refugee centres which accommodated the growing phenomena of superfluousness as the with the war against ISIL intensifying, the rhetoric and actions, especially certain people in certain large numbers of people. It was then that the dark background of this writing. of “solving” the refugee crisis is explicitly mixed (es- governments and corporations (which would be truth of the treatment of refugees first came to pecially after the Paris attacks) and is increasingly logical in the case of wars and consequent shortages), light, namely, that it had not changed much since It seems as if the key reason for the current waves WWII. Although in view of the European and of refugees and the European problem relating to 1 In this case, the term “state” is applicable only partially, since these are demolished and destroyed states not only literally, but also in the sense of Slovenian historical struggle against National this issue can be found in (certain) wars, especially state institutions. 74 75 → TABLE OF CONTENTS Vlasta Jalušič | Refugees, Migrants and Others RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 and also our own nolens volens civic involvement in ed, tortured or killed. Privation, poverty, threat of in 20TH century Europe, is the generalisation of bound up with the establishment of a political this doing. In short, the problem of the “waves of war, etc. are not reasons that “justify” fleeing, while the phenomenon of superfluousness. What does community that guarantees this equality (and in it refugees” is considered more a “natural disaster” than to obtain “subsidiary” and “temporary” protection, this mean? It means that it is not only those parts also its inhabitants, especially its citizens, mutually). a political problem. Because it is not being solved as which European directives provided in addition to of the population that a group in power tries to Dehumanization of those who are stateless, the a political problem with serious human and political the Geneva Convention as ad hoc solutions and re-get rid of that have become superfluous, it means reduction of them to bare human beings is exactly responsibility, it is actually becoming similar to a sponses to the case of refugees from the Yugoslav that superflousness does not apply merely to a the result of the fact that they do not belong to any natural disaster, which is approached in a merely ad Wars, one’s life needs to be directly threatened or particular part of the population, a group of people political community whatsoever: hoc humanitarian way, even more so since the new one’s rights permanently or systematically violated or their special characteristic.2 It applies to crucial form of global government has become a social force (See Council Directive 200155/EC). human capacities, not only in terms of labour (like The calamity of the rightless is not that they are that functions as a “natural necessity”, so to speak. the superfluous labour force described by Marx deprived of life, liberty and the pursuit of happiness, On the other hand, we can claim that the mass – which applies to a large part of the European or of equality before the law and freedom of opinion arrival of refugees appearing as a “natural disaster” Two sides of “autochthonous” population), but also in terms of – formulas, which were designed to solve problems also contributes to it being tackled with measures creation and action. within given communities – but that they no longer similar to those used in the cases of such disasters. dehumanisation: Double belong to any community whatsoever. Their plight This of course contributes to a faster introduction superfluousness of human This problem actually always has two sides. The is not that they are not equal before the law, but that of the “state of exception” as a situation in which problem is not only that one is deprived of one’s no law exists for them (. .) only in the last stage of a special measures are introduced so quickly that they political capacities rights, that one no longer enjoys the protection of any rather lengthy process is their right to live threatened; can no longer be called laws and in which the only government, but that one is deprived of one’s “right only if they remain perfectly ‘superfluous’, if nobody recourse we have when it comes to the treatment of Both contemporary war and contemporary privation, to have rights”, so of the right to live in a concrete can be found to ‘claim’ them, may their lives be in people is pure human kindness, charity and similar signal a phenomenon that has been researched and community that guarantees one’s rights (the right to danger. (Arendt 1986: 295-6) humanitarian ideals. named only to a certain extent. Contemporary live in a state or the right to a state and citizenship). popular authors such as Giorgio Agamben and his Herein originates the dehumanisation of refugees On the flipside of this deprivation or loss of the right The mentioned horizon of tackling the refugee followers talk about the biopolitical structure of who – paradoxically – are not expelled from to have rights (which is not the loss of freedom, but question is also a consequence of the fact that the power, partly drawing on Hannah Arendt and/ humanity, but precisely in this position become the ultimately the loss of freedom to fight for freedom) laws that regulate border crossings, the granting of or Michel Foucault (see Agamben, 1998, Braun, “bare” human being that the declarations of human are the people that enable such deprivation and de- visas and asylums are still not based on the experi- 2007). What is crucial here is their pointing out rights refer to when speaking of human equality, and humanisation. In this regard, we could speak about ences and lessons of the mass waves of refugees from the phenomenon of the superflousness of people in are in the end subject only to the wager of friendship those that are directly active in this doing, either as earlier times, e.g. during and after WWII. Moreo- today’s global situation of inequality and neoliberal and liking, the grace of love and humanitarian aid. the creators or the executors of power and laws (of-ver, we could say that because this experience was economy. From this perspective, it seems as if only Hannah Arendt points out that we are actually ten the bureaucracy of a state), but also about those not reflected – as totalitarianism was understood special groups of the population are superfluous not equal due to any natural presupposition, rather that can be considered observers, bystanders, who as the regime of a dictatorship which was limited (which some governments, corporations or other equality is the often or mostly belong to the passive supporters in only to few European countries (Hitler’s Nazi Ger- groups, etc. try to get rid of in some way or another the sense of their tacit consent or at least non-oppo-many, Mussolini’s Italy and their allies, Stalin’s So- – the persecuted, the oppressed, the expropriated result of human organisation insofar as it is guided sition to the measures that enable dehumanisation, viet Union) – and thus because of the abstraction or those that Fanon (2004) would name the by the principle of justice. We are not born equal; we the loss of the right to have rights. They are most of-from the often unheard of treatment of refugees in “wretched”), among them contemporary refugees. become equal as members of a group on the strength ten not directly deprived of the freedom to fight for numerous other European and American countries of our decision to guarantee ourselves mutually equal freedom (and equality), rather they renounce (usual-at the time, there was no adequate consideration When Hannah Arendt (1986) analysed this rights. (Arendt 1986: 301) ly not explicitly) their political capacities or the ca- of the matter. Perhaps this is also the reason that phenomenon in her book on total domination pacity to act as responsible citizens, political beings. after WWII the appropriate laws and other solu- and some other essays in more detail, she reached Or in other words, there can be no equality without This happens for various reasons, often due to the tions were not created – in applying for the status an important conclusion. The basic feature of the the state guaranteeing it. Equality is thus essentially feeling of powerlessness in the face of contemporary of a refugee, one still has to prove that there is a new form of post-totalitarian power, the power justified “fear” or threat that one will be persecut- that comes after the experience of total domination 2 These are the main characteristics of genocide. 76 77 → TABLE OF CONTENTS Vlasta Jalušič | Refugees, Migrants and Others RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Kafkaesque bureaucratic power that increasingly deprived of their status began. In most cases, it was only entirely to the circumstances of the situation in which nations. Refugees driven from country to country more often merely manages the population (in the when they were deprived of the usual framework of political action seems impossible due to the fact that represent the vanguard of their peoples – if they keep framework of the “statistical laws” of society), also the state and political subjectivity, country affiliation, their world has vanished, assimilate and deny their spec- their identity. (Arendt, 2007: 274) via numerous incomprehensible and unclear public citizenship and the right to residence, and when, at the ificity, past and identity. This depoliticization stems pre-decrees (Jalušič, 2009: 123ff). By renouncing politi- same time, also their passport that would enable them cisely from the fact that, as refugees, they became “bare” “Their identity” here does not refer to an “inborn” nacal capacities, people start acting (and speaking) as if to move freely from one country to another and settle human beings, representing members of a species, who tional, religious or cultural identity (of the refugees), al-they are innocent victims of inevitable processes, the down somewhere was actual y taken from them3 that must only be interested in preserving their own lives and though the passage could also be interpreted in this way. powers that are responsible for their lives (conspira- they also became physical y endangered.4 are implicitly or explicitly expected to renounce all their It refers above all to their stance of “conscious pariahs” cy theories) or dangerous others (neighbours, distant other special characteristics, capacities and needs. who will not deny their past or origin. This is a strategy or close threateners, terrorists, etc.). I myself call this The deprivation of the framework of citizenship and of resisting the reduction to a mass and the model of phenomenon “organized innocence” (Jalušič, 2007), the right to residence can take place in two ways. Ei-Lately, an early text by Hannah Arendt (“We Refu- one single “human” in it, represented by a “refugee”, as and it refers to groups of people who live in contem- ther this status is denied by the government of the state gees”), promoted anew by Giorgio Agamben (2008), the representative of the “human race” in general: for porary states or political communities, and thus do in which one finds oneself or this state “fails” or is de-has become very popular. It is precisely in this text that total power tends precisely towards reducing the singu- “have the right to have rights”. stroyed (which can today be a direct result of either a Arendt declares the key problem of contemporary refu- larity of people, the capacities and properties of individ-civil war or an attack/intervention from the outside, a gees (in her case Jewish refugees, the ones their enemies uals to mere characteristics of “one” human being that It is precisely this side of dehumanisation, the organized combination of both or the destruction of the state or put in concentration camps, and their friends in deten- can arouse only “humanitarian sympathy”. Encourag-innocence, that in its boomerang effect leads to “us” being its political and legal system by non-violent, economic tion camps) to be their strategy of assimilation, adapta- ing the preservation of identity subverts the mentioned the ones who are most affected by the dehumanisation means). In her analysis of imperialism, Hannah Arendt tion and the concealment of their refugee experience due “absolute innocence” and the constant adaptation to of the “others”, refugees and similar groups. (1986: 207ff) already stressed that the essence of the to their complete exposure and unprotectedness, which the circumstances in a society where discrimination has new global form of governance is that it does not es-causes radical depoliticization: become “a great social weapon by which one may kil tablish new political units-states based on European men without any bloodshed” (ibid.). Innocence and depoliticiza- values (equality, freedom, democracy). On the contra- remember that being a Jew does not give any legal status ry, it creates a global rule of transnational corporations, in this world. . If we should start tel ing the truth that we In the first instance, the politicization of refugees is thus tion as the imaginary of with states founded on the rule of the people and dem- are nothing but Jews, it would mean that we expose our- seen in the enunciation of their own truth and the es-humanitarianism ocratic laws that do not support global expansion only selves to the fate of human beings who, unprotected by tablishment of an awareness about who and what they standing in its way. The destruction of states is one of any specific law or political convention, are nothing but are and why they are refugees (and that is their “identi-the main characteristics and preconditions of the new human beings. I can hardly imagine an attitude more ty”) – what brought them to the dead-end situation of Contemporary refugees are therefore no longer the global form of governance. The destruction of people as dangerous. . (Arendt, 2007: 273) superflousness, of being merely people, how they have ones who are persecuted for something they have done; a political category is the next step. And mass waves of lost the protection of the state (if ever they had it). they are no longer persecuted due to their actions. The refugees and numerous people without any legal protec-After pointing out the consequences of assimilation motive for their “flight”, for them leaving a certain terri- tion are merely its consequences. (which Arendt understands as the strategy of all- The refugees we encounter here and now, the refugees tory where they have lived, is their superfluousness and round adaptation – and not only as adaptation to the coming to Europe today, are also ascribed the not any special political or radical beliefs for which they The fact that the refugees have not done anything gives customs and the language of the country in which the characteristic of innocence, passivization and surrender could be imprisoned. In short, they do not belong to the rise to another moment – a sort of an almost inhuman refugees settle) for their political potentials, she as- to the masses of which part they become as members of group of classical refugees who could ask for so-cal ed innocence of contemporary refugees, most often ac-cribes the refugees the role of the “vanguard” of their the “refugee flow” (nature metaphor), governed either political asylum. Actual y, they are completely and companied by the element of complete unpoliticalness peoples – insofar as they do not conceal the story of by human traffickers (il egal y) or state bureaucracies straightforwardly apolitical and were not necessarily in the sense of them being prepared to accept anything their past and their identity: (legal y). This is a consequence of the distress they are physical y endangered when the process of them being that befal s them – to make compromises and adapt faced with in trying to save their lives. Precisely the History is no longer a closed book to them and politics maintenance of this characteristic of a passive and is no longer the privilege of gentiles. They know that “innocent” refugee is needed if the humanitarian view 3 Or they do not have a passport or their passport is worthless due to the fact that they belong to a state which is seen as a “failed state” (to speak in recent jargon of international relations from which often comes the conclusion that state is a failure as such to be replaced with something else (see the outlawing of the Jewish people of Europe has been and the depoliticized solving of the “refugee problem” Ehrenreich Brooks, 2005). 4 In the recent past, the erased were subject to such a process in Slovenia, as I describe elsewhere (Jalušič, 2007). followed closely by the outlawing of most European with humanitarian means are to be preserved. On this 78 79 → TABLE OF CONTENTS Vlasta Jalušič | Refugees, Migrants and Others RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 basis, the masses can be treated as a sort of a natural The procedures of full gear. This security articulation of the problem of humanitarian organisations. In general, the necessity that can at best be monitored, its life flow depoliticization led to a perversion that paves the way for a unique humanitarian dimension prevailed over any serious controlled, etc. technique of mirror accusations which is one of political consideration, and in this respect the the mechanisms of dehumanisation in a genocidal opposition to the allegedly temporary government In this section, I describe primarily what we have processes – in the end, the inhabitants of Slovenia measures, such as the spontaneous amendment to the While they are being reduced to the bare been witness to in Slovenia in the last few months. were declared as the “real victims” of the “waves of Defence Act or the erection of the razor wire fence preservation of life, the refugees are reproached The regime of “refugee policies” that contributes refugees”, while the refugees were/are described along the border, has been completely unsuccessful for wanting to go to the most developed European to depoliticization was established in the following as calculating, hypocritical, virtually exploitative (thus far). countries, for if all they want is to save their steps: first, an atmosphere of the state of exception “economic migrants” who do not want to stay in the lives; one wonders why they do not remain in the and the necessity of “temporary” solutions that the less affluent countries (which, by the way, also do not countries that can first grant them asylum. This line state of exception supposedly entails were created. want to accept them), or as potential terrorists. of thinking ignores the question of what happened The refugee problem was discursively articulated as Vanguard of the 21st that has led to people being reduced to “bare” a “natural disaster”, independent of human factors. A special regime formed in the field of “working century? human beings. The humanitarian approach does In government discourse in general, a new type with the refugees”. The refugees have been isolated not ask political questions, but relies on compassion of euphemism started to predominate, creating and segregated from other people (the inhabitants) The “refugee crisis” and its solving by way of as something that needs to be aroused so people bumpers in the public that prevent government and the public in general, they were fully dependent depoliticization draw our attention away from would “help”. This anti-political sentiment of actions and measures to be given their real name on the care of major humanitarian organisations and the problems we should be dealing with. Firstly, humanitarianism further reinforces the refugee’s and justify the measures in advance: for example, the regime created by the police and the military. regardless of the need for a dose of humanitarianism complete dependence on love, good will, etc. Any ensuring “that the life of the country is not At the beginning, this meant that journalists were in such moments, the focus on the humanitarian action, engagement or resistance on their part disrupted”, “emergency measures”, “controlling the forbidden or otherwise denied access to the refugee “solving” of the problem conceals the key question: or visibility not in line with the conventions of influx of migrants” (website of the Ministry of the population. In Slovenia, journalists were granted how to enable, as soon as possible and in the long humanitarianism are understood as unheard of Interior), “technical barriers” along the border, etc. access to the assembly centres only after the initial term, those who are excluded from political units violations casting a shadow on the presupposed Based on this, they quickly started adopting the situation was to a large extent already rectified and the law to be included (have the right to have innocence of those that need to behave as passive, “needed” legislative solutions, which were actually following the demands of numerous NGOs and rights) in a political community? begging and grateful victims.5 When some of them introduced by way of decrees: the introduction of a humanitarian organisations. The second instance lie about where they come from (in fear of not being special police and military regime on the border and was the regime of registration and the concentration A critique of current forms of sovereignty, accepted) in terms of citizenship (and the EU is militarisation with the amendments to the Defence and control of people in a very small and initially “integration policies”, and the problematization of introducing “language tests” to prove “who” they Act. Whenever government representatives and completely unorganized space, which resulted nation-states as being the only ones competent to really are) they try to apply at least a little of their politicians appeared in public, they emphasised first in depriving people of every intimacy and basic protect those left without any rights are relevant, of autonomous capacity to act and decide about their and foremost the security of the population and its interpersonal space. Families were often, if not course, and so is the opposition to all acts that cause destiny. The total depoliticization of refugees takes property. The attitude towards the migrants was in principle, separated. The entire organisation people to lose the status of a legal person. But from place simultaneously with the depoliticization of thus articulated primarily as a security and only functioned as a set of (often nonsensical) rules of the reduction of people to bare life we cannot infer the inhabitants of European (and other politically secondarily as a humanitarian problem, while there conduct, which often amounted to disorganisation, any special revolutionary potential or even a new and socially still seemingly solid) states, especially was no talk of its political dimension. The politicians since either nobody knew all of the rules or they were political subject, nor predict, as Giorgio Agamben in the framework of the notion that the refugee mainly did not oppose the racist public discourse invented on the spot – for example, the regime of does in his interpretation of Hannah Arendt, problem can be solved within the heretofore legal (presented as freedom of expression) related to the constant waiting, etc. that through the “politicization” of bare life, new and political framework of asylum and migration people entering the country, some even encouraged emancipatory policies will be created which will policies, and above all within humanitarianism, it (see Bajt in this volume). The mobilisation of As opposed to the security dimensions and the abandon the concept of citizen, rights and so on. without reconsidering the question of the meaning repressive apparatus happened in a way that aroused accompanying outbursts of racism, the humanitarian In his recently very popular text, “Beyond Human and the function of the state. fear: armed police and military forces operated in dimensions were stressed primarily by the NGO Rights” (Agamben 1996 and Agamben 2008, also scene, which also mobilized a large number of published under the title “We Refugees”), he draws 5 The flipside of this absolutely innocent victim of humanitarian policies is the imaginary, absolutely evil Islamic terrorist. volunteers who then worked in the framework on the mentioned text by Hannnah Arendt (2007). 80 81 → TABLE OF CONTENTS Vlasta Jalušič | Refugees, Migrants and Others RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 While quoting that the refugees are the vanguard their peoples”: namely, insofar as they point to the are concerned about more than “bare life”: a better When asked by journalists why they wanted to of their peoples, he draws revolutionary conclusions actual source of their endangerment, the failure of life than the one they are leading, or even a good go to Germany in particular, many refugees in regarding the politicization of refugees or “bare life”, the state. life, which has been a leitmotif of the legitimacy the current crisis did not point out its standard and announces the need “to abandon decidedly, of political communities in Western political of living, but the significance of the “status” they without reservation, the fundamental concepts In The Origins of Totalitarianism, Hannah Arendt tradition from Plato and Aristotle on. would thus obtain, that is, the status of a “person” through which we have so far represented the subjects defined the problem in a very precise way and with a German residency paper or perhaps even a of the political (Man, the Citizen and her rights, but also suggested that the solutions of the problem An ambiguous joke I have heard recently (it is from passport; a dignified life, since Germany is after also the sovereign people, the worker and so forth) of people without citizenship, which signals the the time of socialism, but has been made topical in all a country whose constitution guarantees the and build our political philosophy anew, starting from phenomenon of superfluousness, by no means lie this context) captures precisely this dimension of protection of human dignity in its preamble. For the one and only figure of the refugee. ” (Agamben, 2008: in the abolishment of the state or in any kind of the problem. It goes like this: Mujo knows very well that to become a German 90, emphasis added). cosmopolitan global state. Quite on the contrary, resident means to obtain a “political framework” the situation we have found ourselves in shows Mujo7 dies in a car accidence on the “Balkan – a framework for a safe and good life – and that Such a conclusion cannot be drawn from Arendt’s us with blinding clarity the lesson from the 20th refugee route”. When he comes before Saint Peter, nobody will persecute him because his name is analysis of the dangers that the phenomenon of century that keeps repeating in the 21st century: the latter asks him: Where would you like to go, “Mujo”. He knows very well that he wants to go to a “bare life” has in the post-totalitarian age, unless we without the protection of the state, without you wretch, heaven or hell? And Mujo replies: Can country whose borders will guarantee him a status ignore the key finding that “bare humanity” brings belonging to a political community that can protect I go to Germany? that nobody will be able to deprive him of. The about a complete depoliticization, worldlessness human rights, these rights (and the people they are difference between the bare human being “Mujo” and invisibility to which those who come into such supposed to protect) become mere spectres – even if The joke can be read in two ways. According to the and the German resident “Mujo” (even if he does a situation react with despair or violence. We could they are additionally protected by an international first interpretation, the joke seems to suggest – in a not have a German passport) is like that between see such expressions of despair in the case of refugees institution or court, they ultimately have to be slightly racist way – that Mujo is as calculating as the night and day. who had sewn their lips together (see analysis in implemented by a state. contemporary refugees who did not want to stay in Owen 2009). The call for abandoning the concepts Turkey, Greece, Slovenia or Hungary, but want to Mujo’s logic clearly shows the problematic position of citizen and rights can only be read parallel to the Secondly, the reduction of the “origin” of the go to Germany, where they will enjoy the greatest of those leftists who think that states need to be neoliberalist claim about the need to replace state/s refugee problem to the question of wars is also a privileges of the welfare state. Numerous citizens of abolished instead of created and made to fulfil with a non-state mechanism of global government. source of depoliticization. For the “production” of the parts of Europe that do not have the German their function in the sense of them being political refugees as superfluous people has for a long time standard of living react with doubt regarding the communities which are supposed to provide people If the “refugee crisis”, considered as a “humanitarian not been a matter of wars, violence or persecution, “verity” of the refugees’ distress and the necessity with the framework for a good life: for the flow of crisis”, can draw our attention to anything, it is the etc. This is clearly evident in the differentiation of leaving the environment in which they lived, and capital and information, and for the elites in the following: the emergence of such a great number of between “refugees” and “migrants”.6 Refugees are by creating an image of a sly and elusive migrant global economy, states can be superfluous, but for people, whose human capacities are superfluous, is seen as the victims of political persecution and an Mujo, who calculatingly heads to the country a refugee, they mean “everything” (see Hufer and evidence of the actual state of the new global world immediate danger of war or violence so they are with the highest standard in the world to live his Falguni 2015). Mujo’s logic also tells us something and of the fact that the problems of refugees will granted an existence in the framework of their life there.8 Mujo not wanting to go to heaven and about the most political conclusion of the ancients not be solved as long as they remain without any struggle for bare life, which is why the law defines preferring to go to Germany truly shows the slyness that happiness cannot be reached individually and status, any country willing to accept them. And it them as justified to seek asylum – in a country that of this Balkan Schlemiel. But in what sense? Why independently of any political community, that it is is only in this framework that refugees can carry a is as close as possible to the source of the problem. on earth would Mujo not prefer to go to heaven, not contentment reached in a private otherworld, “political message” and represent the “vanguard of “(Economic) migrants” are considered as those who the land of milk and honey, but instead wants to go but is possible only in the circumstances of a good, to Germany, where he will certainly have to work? democratic political community. 6 The following description gives the essence of this differentiation: “The word ‘migrant’ describes a person who leaves home to seek a new life in another region or country. The word is used broadly. It includes those who move through legal channels—to take a job in another country or region, for instance, or to re-join family members—as well as those who move across borders without a visa or government approval. (The latter is often called irregular or undocumented migration.) The word “refugee” describes someone fleeing war, persecution, or natural disasters. Under international law, no one can be sent to a place where they face a real risk of being persecuted or seriously harmed by others. Those claiming this status can ask for asylum—legal permis-7 Mujo represents one of the typical characters of Bosniak jokes. sion to stay as a refugee—which brings with it rights and benefits. This application process can be lengthy and complicated. Not every asylum seeker will 8 The fact is that numerous young inhabitants of less affluent European countries are moving to richer parts for the same reason, but this phenomenon is be recognized as a refugee, but every refugee is initially an asylum seeker” (Open Society Initiative for Europe, 2015) seen and explained in a considerably different manner. 82 83 → TABLE OF CONTENTS Vlasta Jalušič | Refugees, Migrants and Others RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Conclusion REFERENCES In view of this, we could perhaps go a step further to protect them, we are renouncing the ideals of and conclude with the following. It might be that • Agamben, Giorgio (1998): Homo Sacer: Sovereign Power and Bare equality and freedom. The syndrome of organized • Jalušič, Vlasta (2007): Organized Innocence and Exclusion: “Na- Life. Stanford, CA: Stanford University Press. tion-States” in the Aftermath of War and Col ective Crime. Social precisely those who do not flee from immediate war innocence lies precisely in the renouncement of civ-Research 74(4): 1173-1200. and do not try to save their bare lives from violence • Agamben, Giorgio (2008): Beyond Human Rights. In: Open, No. ic and thereby political capacities, since it is precise- 15. Social Engineering, 90-95. • Jalušič, Vlasta (2009): Zlo nemišljenja. Arendtovske vaje v mišl- in a straightforward sense, but flee from their re- ly the citizens and those with a citizenship status jenju post-totalitarne dobe in kolektivnih zločinov [The Evil of duction to bare human beings in an economic sense • Al Jazeera International (2015): One million ‘refugees and mi- who are in a position of political responsibility in thoughtlessness. Arendtian exercises in in thinking the post-total- grants’ reached EU in 2015. Available at http://www.aljazeera. itarian age and col ective crime]. Ljubljana: Mirovni inštitut. (as a reduction to beings that have minimal or even relation to those who do not have citizenship or com/news/2015/12/million-refugees-migrants-reached- no needs, especially no human – political – capac- eu-2015-151222100045573.html (4.1.2015). have been deprived of it. The danger of being de- • Jalušič, Vlasta (2015): Rasizem, ideologija in sovraštvo. Poskus razumevanja sodobnega rasizma in EU protirasističnih politik ities) represent the actual global political demand • Andrew, Thomas (2015): A Glimpse of Australia’s Manus Is- prived of citizenship as the framework of political [Racism, ideology and hatred. An attempt to understand contem- land Refugee Prison. Available at http://www.aljazeera. for equality and justice – and thus the demand for life therefore no longer concerns only those that are porary racism and EU anti-racist policies]. Časopis za kritiko zna- com/blogs/asia /2015/12 /australia-manus-island-refu- nosti, domišljijo in novo antropologijo 43(260): 28-43. the abolishment of the existing global form of gov- gees-151201080133207.html (4.1.2016). no longer protected by any state, so refugees, but ernment. The problematical aspect of this govern- also the ones living in a state that (at least to an ex- • Open Society Initiative for Europe (2015): Explainers: Understand- • Arendt, Hannah (1986): The Origins of Totalitarianism. London: ing Migration and Asylum in the European Union. Available at ment is not that it represents a system of different André Deutsch. tent) still protects us. The greater and clearer our https://www.opensocietyfoundations.org/explainers/understand- “national” states with different political systems ing-migration-and-asylum-european-union (4.1.2016). • Arendt, Hannah (1968): On Humanity in Dark Times. Thoughts that have borders, it is the fact that it abolishes all about Lessing. In: Men in Dark Times. San Diego, New York, Lon- inability to treat stateless people (i.e. refugees, added • Owen, Patricia (2009): Reclaiming ‘Bare Life’?: Against Agamben don: Harcourt Brace & Company, 3-31. on Refugees, International Relations . 12/2009; 23(4): 567-582. the main functions that the state contains in its idea by V.J.) as legal persons and the greater the extension • Arendt, Hannah (2007): We refugees. In: The Jewish Writ- – for example, restricting unlimited greed and cre- of arbitrary rule by police decree, the more difficult • Perugini, Nicola (2015): Death in the Mediterranean, Al Ja- ings, J. Kohn and R. H. Feldman (eds.), 264-274, New York: zeera International, 21. April 2015. Available at http://www. ating a space for rights/justice and freedom:9 This Schocken Books. Available at http://novact.org/wp-content/up- it is for states to resist the temptation to deprive all aljazeera.com/indepth/opinion/2015/04/death-mediterrane- abolishment does not take place “only” outside the loads/2012/09/Beyond-Human-Rights-by-Giorgio-Agamben.pdf citizens of legal status and rule them with an omnip- an-150421070335871.html (4.1.2016). (4.1.2016). “Western world”, as has been the case since the otent police… (Arendt, 1986: 290) • Štefančič, Marcel (2015): Potovanje prekletih [Journey of the • Bartov, Omer (1998): Defining Enemies, Making Victims: Ger- times of imperialism, but everywhere, “there” and wretched]. In: Migracije – begunci – anvatgarda 21. stoletja [Mi- mans, Jews, and the Holocaust. American Historical Review 10(3): grations – refugees – vanguared of the 21 centry], M. Peljhan and “here”. It is evidenced not only by the neoliberal 771-816. B. Hribar (eds.), 69-85. Ljubljana: Zavod Atol. “laws” of economic enrichment that tend more and • Braun, Kathrin (2007): Biopolitics and Temporality in Arendt and • Vetlesen, Arne Johan (2005): Evil and Human Agency. Understand- more towards reducing the likewise increasingly Foucault, Time & Society 16(1): 5-23. ing Collective Evildoing. Cambridge: Cambridge University Press. greater shares of the population of richer countries • Council Directive 2001/55/EC of 20 July 2001 on minimum stand- to bare life, but also by the more and more bureau- ards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of cratic government measures that tamper with the efforts between Member States in receiving such persons and elementary principles of democracy and introduce bearing the consequences thereof, OJ L 212/12-21. ways of adopting decisions that portend an increas- • Ehrenreich Brookst, Rosa (2005): Failed States, or the State as a Failure?, The University of Chicago Law Review 72(4): 1159-1196. ing superfluousness of our political capacities. The modes of introducing measures for the “control of • Fanon, Franz (2004): The Wretched of the Earth. New York: Grove Press. migration flows” in numerous European countries, • Hegel, G.W.F. (1972): Grundlinien der Philosophie des Rechts (Out- the current tightening of asylum legislation and the line of the philosophy of rights). Frankfurt am Main, Berlin, Wien: erection of a razor wire fence, in which, as politi- Ul stein Buch. cally responsible, the citizens of Slovenia are nolens • Huffer, Lynne and Sheth A. Falguni (2015): When empathy volens involved, are signs of the fact that here and isn’t nearly enough: Why the Syrian refugee crisis demands more than mercurial emotion. Available at http://www.salon. now, on the territory of the states that are supposed com/2015/09/19/when_empathy_isnt_nearly_enough_why_ the_syrian_refugee_crisis_demands_more_than_mercurial_ emotion/ (4.1.2016). 9 See, for example, Hegel’s Grundlinien der Philosophie des Rechts (Outline of the philosophy of right), §30, §257, §258, §259 (Hegel, 1972). 84 85 → TABLE OF CONTENTS RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 What Can We Learn from the Current “Migrant Crisis”? Lana Zdravković ABSTRACT In light of the increased arrivals of migrants in Europe, and consequently also in Slovenia, the text critically reflects the notion of the state as a nation-state, which produces the situation where the national (if not ethnic) identity is the prototype of the identity as such. Conse- quently, the image of the migrant is perceived as nothing else, but the Other, someone who deconstructs the imaginary homogenous national community. This Otherness is produced systematically and is prescribed in the dominant understanding of community, which is un- derstood as the community of “us”, or as “our community”. Within this context, the migrant can be legally excluded, discriminated and even killed. In the text I claim that for understand- ing the roots of this production of Otherness – which always has bloody consequences – we should start by analysing the production of individuality and identity as such. I claim that the real process of emancipation as political subjectivation is generated not in the consolidation of identity, but just on its borders. Creating a real political community as the community with- out the Other is based on the process of disidentification as the only real emancipatory action. Dobova, 4 November 2015 Keywords: A man playing his violin in Dobova reception centre. In the back there is a smaller orange tent which was used Migrants, emancipation, political community, Otherness for registration and one of the three white large heated tents set up as waiting area for refugees who are using the corridor through Slovenia. On that day around 5700 refugees passed through Slovenia which organized their transport towards Austria. INTRODUCTION The increased arrivals of migrants in Europe and faced today, are the most extreme forms of capitalism consequently also in Slovenia in the past years at any cost. After decades of brutal exploitation of have revealed even the slightest doubts about what the Middle East, Africa and Asia (so called third is in fact the ideology on which rests the idea of a world or the Global South) for the sake of capital: “civilized”, “developed”, “democratic” West. Latent cheap labour force and natural resources (this fascism, racism and xenophobia, with which we are phenomenon is also known as the “democratization 86 87 → TABLE OF CONTENTS Lana Zdravković | What Can We Learn from the Current “Migrant Crisis”? RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 process”, which of course also includes military exploitation and discrimination, the ruling conditions for decent stay. The basic task of those and immigrate or the right of free movement, valid for operations) it is apparently time for “war to return technocrats with the help of law, created different institutions is to remove people from a country they all and always on a declarative level, is in fact always home”. The response of “Western” ruling elites artificial categories of migrants (refugees, asylum had arrived to, and, in most cases, to return them to profiled through particular national belonging and – well trained watchdogs of global inequality – seekers, economic migrants, climate migrants), in their so-called home countries. It is a systematic and legislation. which instead of humanity, offer a fence, armed that way producing the illegality of migrants as such. efficient constitution of inferior(ized) population in soldiers and tanks at the borders, instead of help, The aim of the “policies of immigration control” the name of “Western civilisation”. As shown by Hannah Arendt, the impossibility of they incite hatred and stir up fear among the people, or “migration management” is merely about the realising the “universality” of human rights is radi- and instead of a systemic common response, offer reproduction of illegality that indirectly justifies cally revealed particularly in cases of persons who do only pretence and empty platitudes, is extremely the urge for repressive measures. The EU does The image of the migrant is not have the status of citizen of a sovereign (nation- inappropriate. But, can one expect anything else? not enable secure and legal travel to the European al) state, or, who have lost the support and protection Defenders of “capitalo-parliamentarism” (Badiou, territory, where asylum can be requested. Migrants/ a symptom of racism of the of their governments (Arendt, 1951/1978: 383). A 1992/2006: 239) through austerity measures, cut in refugees, who have no other options, can therefore modern nation-state refugee, a migrant or a stateless person, the one who the welfare state, and by delimbing the historically reach Europe almost only by the help of organized should be a subject of human rights par excel ence (Ag-already fought over rights, even demolish their criminals. The exclusion of migrants, which we are facing in amben’s homo sacer, 1995/1998), as these are the only “own” countries and destroy the lives of their “own” Slovenia as well, is based on the concept of equaliza- ones left to refer to, in fact disclose the radical crisis of citizens. As we can see, for the sake of preserving Nation-states of course do not reject all of the tion between citizenship and nationality, introduced that term. As stressed by Arendt, such a person has no the status quo, that is a global capitalist order of migrants, but according to their own interests, make in the name of sovereignty of modern states. The ba- place in the world to exist; as being erased from the exploitation and domination, they are ready to do a selective inclusion (cf. Mezzadra, 2008). And this sic problem is that not only national affiliation (as a order of politics means being erased from the norm of anything, even total war. After all, it is the military is not a new phenomenon. With the continuation cultural category), but also citizenship (as an admin- humanity. Migrants coming to Europe and Slovenia industry that is one of the main sources of generating of such a process we are facing real war with a huge istrative category) emerges as an individual’s essence, are just like these persons. The loss of their human the contents of which depend on the country and profits for the global elite; millions of dead are just number of victims for many years. According to the time of birth. As it can clearly be seen today, “wrong” rights corresponds the very moment they become collateral damage. It’s all part of the same process organisation Fortress Europe, more than 20.000 nationality or citizenship and the possession of the “just” a human being, without any other political and of the systematic production of the Other on which people (mostly from Africa, Asia and in recent “wrong” passport can destroy many lives. Meaning: social attributes. The loss of their citizenship rights de the structure of a modern state, designed as a nation- years also from the Middle East) have died trying to if you are not fortunate enough to be born as a citi- facto means the loss of their human rights. state, is based. cross Europe’s borders since 1988. In the year 2014, zen of one of the “Western” states, your life will most around 4.000, and in the first half of 2015 more than probably be significantly more complicated in the People coming to Europe are from demolished In the situation where the concept of the nation-state 2.000 people have died (numbers are not precise, as even that you would like to emigrate, live and work countries (Syria, Afghanistan, Iraq, Iran, Morocco, has been developed as the imagined community of they are not systematically monitored).1 Some of in a “developed”, “civilized”, “democratic” state. Ethiopia, Eritrea, Libya …) where they cannot live the homogeneous nation (cf. Anderson, 1983/1991), them drowned in the Mediterranean Sea, others decently, but in the Western, “civilized” world they exclusion of all others is an organic consequence. suffocated, froze to death, or died of starvation and This leads to the differentiation between universal are deprived of citizen rights and are treated as if they The process of building the genesis of national unity dehydration, hidden in trucks, or killed by border human rights and social, economic, cultural and were guilty of a crime that they never committed. structurally produces redundant people. The image police. If they ever do succeed in reaching Europe, political rights in a state. On one hand, we have They simply want normal lives, yet they are treated of migrant is the best example of the structurally these so-called illegal migrants from so-called third universal human rights defined by the “transnational” like criminals, or at best, as some dangerous group that produced Other, who can endanger the purity of a world countries are the subjected to a special regime Universal Declaration of Human Rights (1948)—the needs special treatment. It is clear that nobody is taking nation. And in the capitalist world, goods and capital of limited personal freedom without committing any successor of the famous Declaration of the Rights of responsibility for these people, who are risking their can migrate freely and without borders, while the crime. They are closed in detention centres, usually Man and of the Citizen (1789)—, and on the other lives, as they are not perceived as people, as one of us, free movement of people is strictly prohibited. Even not much different from common prisons or, as we hand we are limited by the sovereign nation-state, as but rather as intruders, unequal to citizens of the EU. more, the word “migrant” receives an increasingly can see in recent months, in concentration camps the Declaration is not a binding document. In this way, pejorative meaning. For the sake of ease of control, in open space (usually near the border) without any universal human rights such as the right to education, This is possible, as shown by Balibar, because of long work, health and social protection, political expression the Western colonial heritage: the colonial subject is a and so forth are strictly tied to national affiliation/ “citizen by birth”, whilst the immigrant is not (there 1 Cf. Fortress Europe, http://fortresseurope.blogspot.si/2006/02/immigrants-dead-at-frontiers-of-europe_16.html (3.1. 2016) citizenship. The universal human right to emigrate is a significant word for immigrant in the Anglo-88 89 → TABLE OF CONTENTS Lana Zdravković | What Can We Learn from the Current “Migrant Crisis”? RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 American vocabulary: alien). Although more or less of (“higher” and “lower”) cultures. At first sight, in statement he revealed an extreme anti-political attitude friends) is that the EU does not enable a secure and integrated in society and partly included in its system neoliberal discourse these cultures are not inferior, where the needs of people are far less significant than legal travel to the European territory, where asylum of rights and obligations, one can hardly escape from but irreducibly different (“different than ours”), the interest of the state, capital and “big players”. can be requested. Therefore, migrants/refugees are the minority status. In return for finding a job she/ which actually means less worthy (inferior). Because Ideology of cynicism, where the interests of the state left with virtually no other option of reaching Europe he can enjoy training and protection, being, therefore, the concept of culture acts as a mask or euphemism (technocracy governance) are above the interest of but to seek assistance from organised criminals. similar to a citizen, but on condition of respecting for race, whilst racist arguments are hidden behind people (humanity), reached its peak in the Prime the provisions of a “contract” that can never be “anthropological-cultural” arguments, it is clear that Minister’s statement: “I feel bad as an individual, but It is clear that the aim of “policies of immigration specified by her/himself, which is especially visible fear and hatred toward migrants that we are facing as Prime Minister I have to take responsibility” (24ur. control” or “migration management” is not to end in terms of naturalisation or the residence right (cf. within Europe and Slovenia stems from beliefs that it com, 2015). This clumsy statement could of course not so-called illegal employment and immigration, Balibar, 2001/2007: 59). And although officially we is all “only” about the dangers of the incompatibility hide the fact that the Slovenian government did not take neither the illegal labour trafficking which supplies live in post-colonial times without colonial powers of life styles and traditions. any responsibility either towards migrants or towards that employment, nor the illegal conditions resulting and colonies, we are actually facing the process of citizens and residents of Slovenia. Moreover, with such therefrom. On the contrary, it is rather about the “re-colonisation of social conditions” (ibid.) which In Slovenia, since August 2015, when an increased a non-responsible attitude, the Slovenian government reproduction of illegality that indirectly justifies the started in the 1980’s as a consequence of economic arrival of migrants has been recorded, the state made room for incitement to hatred and violence (cf. urge for repressive measures. It is about producing globalisation and new inequality, both on a local representatives in the public discourse mostly marked Bajt in this volume). All these empty platitudes could illegality in advance in order to later create a security (national) and global level. We cannot ignore the fact them as a threat, a deviation from normality, the not hide the fact that Slovenia’s solution to dealing apparatus that causes the “syndrome of insecurity” that migrants coming to Europe are precisely from rupture in the normal state situation (as discussed also with people escaping war and poverty was to erect which affects the whole state. Such a policy is among countries, which were basically the former colonies by Pajnik in this volume). By the state officials, the a razor wire fence, assign armed soldiers with police the institutional drives behind the current production of European countries. But, whereas the colonial migrant issue has primarily been perceived through powers and place tanks at its borders. of racism, apartheid and preservation of the condition situation was constitutive of the socio-historical the prism of security, so one of the main speakers in the where an immigrant always stays an immigrant. context of classical racism, a neo-colonial situation public sphere became the Minister of the Interior and However, it would be naïve to think that Slovenia, as introduces the transnational phenomenon of “racism its General Secretary, who constantly gave statements an EU (and Schengen) member state has any autonomy without races”, which Balibar names “meta-” or “neo- about the level of security threatened by the arrival of in dealing with the “migration crisis” in comparison The urge for radical racism” (cf. Balibar and Wallerstein, 1991: 17). It is migrants (cf. MMC RTV SLO, 2015b).2 One of the with the general EU response. It is no secret that for characterised by two features: first, the place of race or first public statements made by the Slovenian Prime many past years and in 2015 especially, the EU has been reformulation of the biological heredity has been taken by terms ethnicity, Minister regarding the migrant situation “Slovenia is increasingly strengthening its other name, Fortress concept of belonging culture and invincibility of cultural differences, and the guardian of the Schengen border” in September Europe, declaring total war on migrants. Since 2004, second, the discourse has changed from the notion of 2015 paved the way for creating an atmosphere of fear, the EU has maintained a system of surveillance, and to a nation-state colonialism to the notion of immigration. where we have to protect ourselves and our “way of protection of its external borders against unwanted life” (MMC RTV SLO, 2015a). This also cleared the newcomers, carried out by the Frontex Agency If not before, today, in the middle of massive hysteria The term ”immigration” primarily denotes people way for the prevailing technocratic-legalistic discourse (headquarters in Warsaw, Poland) with a budget of due to the increased arrivals of migrants in Europe, we who come from disrupted states and nations, or people about “(real) refugees” who (maybe, if really necessary) slightly under 90 million Euros in 2014. In 2013, an can certainly claim that the migrants are the Jews of whose nationality (in the postcolonial period) is not have to be accepted and “(economic) migrants” who additional system Eurosur (European surveillance) has the 21st century. We can only hope that in this case pure and clear (new “dangerous class”). The word have to be rejected. In the situation where migrants been established in order to control external borders the “final solution” will not be used. Consequently, “immigrant” almost certainly denotes someone who themselves and civil society representatives proposed by the newest technological means: drones, satellites, as stressed by Balibar, we can achieve practical, true originates from the East or the South, but definitely a safe and organized corridor, which would help ships, helicopters, with a budget of 144 billion Euros humanism, only if we conceptualise it in the form of not from the West. Crucial generic preoccupation migrants to reach their destinations, the Slovenian until 2020. The plan of an openly violent fight against effective antiracism. That means striving to achieve of racism, the obsession with purity of blood is, Prime Minister exposed: “Corridors are not the migrants is masked with the fight against organised trans-nationalistic policies of citizenship (anti-therefore, changed into a defence against the mixing policy that should be encouraged”(ibid.). With such a crime, disclosing the extreme hypocrisy of the EU. One nationalistic ones). of the reasons behind migrants deciding to venture on such dangerous journeys (bearing in mind that this As Balibar claims, to construct “the citizenship in 2 Of course I am not claiming that there are no dangerous people among migrants but there are dangerous people among Slovenians and Europeans as well, so the essentialization of migrants on that basis is highly dangerous and irresponsible, especially when it comes from state officials. journey may prove fatal to them, their family and/or the world” means to enable rights and act in the 90 91 → TABLE OF CONTENTS Lana Zdravković | What Can We Learn from the Current “Migrant Crisis”? RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 world as a political community. It means inventing Political subject origins at struggle to provide citizenship for all.3 By doing The process of subjectivization is a process of dis-the concept of citizenship wherein the modes of the borders of identity so, these movements contribute to developing identification or declassification. More than con- belonging are founded on the development of it, not the notion of active citizenship, but also of struction of the identity or identification, it is about vice versa. More precisely, this means the liberated, activist solidarity that in the long term – despite the crossing of identities, relying on a crossing of expanded right to enter and stay, to work, educate, Understanding the concept of citizenship as an un-understandable fluctuations from mobilisation to names: names that link the name of a group or class be politically engaged and so forth, in any state; i.e. conditional access to fundamental equality is crucial, hopelessness – demonstrates surprising continuity. to the name of no group or no class, a being to a the right to equal political rights for all inhabitants, as it articulates the relation between the individual Such understanding of citizenship is precious also nonbeing or a not-yet-being. (Rancière, 1995: 67) regardless of their nationality, on a local, national and the collective. Balibar insists that it is enough to in terms of encouraging civil disobedience, which and (any) community level. However, Balibar be human (without attributes) in order to be a cit- is, “with all possible risks, a key component of It is always “an impossible identification, an identi-stresses that it is not the (neo)liberal principle of “free izen (a subject of politics). The struggle against the citizenship that helps re-establish it during a crisis, fication that cannot be embodied by he or she who choice”, but the true extension and respect of human denial of citizenship is, therefore, the life of emanci-or when its principles are questioned” (ibid.: 67). utters it” (ibid.). At the same time, this is not to say rights that requires actual equalization of rights patory politics (2004: 15-17). This concept of radical that we stop being who we are, but rather establish of all inhabitants living together in a certain state democracy: If we try to snatch from the identitarian terror that a certain distance from the signifiers that adhere (community), and therefore constitutes a genuine determines which identities are more and which to us or that are attributed to us. We develop the ethical request for radical political equality. far beyond exceeds a simple theme of “accepting the are less important (minorities that reinforce the awareness that all identities are always transferable, Foreign” (not to mention levels that start with inclu-majority, foreigners who confirm natives, non- changeable and ambiguous and that they are merely The concept of the “democratisation of borders” sion and integration, but finish with assimilation). citizens who verify citizens, “they” who consolidate a construct of a specific identification. Only then, (ibid.: 132-133) should be understood in the same Because everybody, including the “indigenous”, must “us”), we need to defend the construction of the when we have freed ourselves from all identity or context as borders, which are currently, and more at least symbolically pledge their citizenship’s identi-community not founded as an identitarian one identification restraints, can we become aware of than ever before, labels for sovereignty. They are a ty that was obtained or inherited from the past, and – based on a nation as a dominant and exclusive the equality of anyone and everyone. A political non-democratic condition of democracy that oper- reconstruct it in the present along with all the others: identity – , but as a political one, hence assuming subject, therefore, can begin to exist only within ates mainly as security measures, social segregation, with those who currently share the same “destiny” radical equality of whoever with whomever, where the divide between two identities: the one we re- unequal access to resources for maintaining the on a strip of the Earth, regardless of where they come the identities are understood as multilayered, nounce and the one we symbolically appropriate. quality of life, and even as institutional distribu- from, how long they stay at a place, and irrespective of changeable, and ambiguous. The only possible What is crucial is that neither of the two is com-tion of livelihood and death and a basis for insti- “legitimacy”. That does not mean that the past does community that is based on radical equality pletely ‘ours’. Sooner or later we will have to under-tutional violence. The demand for the democrati- not exist or that it is of no use, but that it is not a herit-is, therefore, a community co-constructed by stand that we can be in the same situation as mi- sation of borders, therefore, means the demand for age, that it does not provide a right of firstborn. That singularities that do not refer to an identity, i.e. grants coming to Europe today. If we want to build freedom of movement for all individuals, usually means that there are no “first residents” of a civic terri- “whoever”, generic singularities deducted from any a political community based on inclusion and not treated as passive objects of arbitrariness of au- tory. (Balibar, 2001/2007: 161) identity, any belonging to a community. exclusion, we have to understand that if one group thorities within states. For a rich man from a rich of people is erased from the norm of equality, it is state – a member of a ‘dominant nation’ (ibid.: Consequently, the rebellions, struggles and As stressed by Rancière, true political subjectiviza- our political responsibility to fight that all of the 61), not to mention members of the “international demands for active political participation tion, or, emancipation emerges not in a process of people are equally included in that norm. bourgeoisie” (ibid.) – the crossing of a border be- performed in particular by non-citizens themselves identification and fortification of self- (national) came a formality, a place of symbolic recognition are a paradigm of emancipatory politics. As we identity, but just the opposite, in a process of sym- of his social status; but for a poor resident of a poor can see from the current situation as well, only bolic relativization of it. state, a member of an ”inferior” or criminalised organized migrants were able to collectively break nation, asylum or job seeker, the border crossing the Schengen system and open the important wider is not a right, but rather a privilege, it is not only debate about borders, citizenship and belonging an obstacle which is hard to overcome, but also a within the nation-state (cf. Kogovšek Šalamon place across which she/he goes again and again; af- in this volume). This hard and constant fight is 3 These movements have devoted more of their attention and networking efforts to this subject in the time of global demonstrations against the govern-ter all, it is a place of living: an upsetting “space- empowered by various movements in Europe that ance of capitalist elites and the fortifications of financial capital (IMF, World Bank, WTO), especially since Seattle 1999. Some of the key movements in this respect are time zone, almost a habitat” (Balibar, 2004: 406). demand universality of life and going through the Global Project and Ya basta! in Italy, No one is illegal in various countries, Sans-papier in France, Dostje! and later Nevidni delavci sveta (Invisible Workers of the World (IWW)) in Slovenia, currently also Anti-Capitalist Block and Anti-Racist Borderless Front. 92 93 → TABLE OF CONTENTS Lana Zdravković | What Can We Learn from the Current “Migrant Crisis”? RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Conclusion REFERENCES What does all of it mean for the current situation “Global South”). On the other hand, a real polit- • 24ur.com (2015): Slovenija se ograjuje: prve aktivnosti v Zavrču, that we are facing within Europe and Slovenia? ical community is not based on the concepts of ograje bodo varovali vojaki in policisti [Slovenia fences up: first activities in Zavrč, the fences will be guarded by the police and First of all, when dealing with the migrant issue acceptance, tolerance, and integration of non-cit- the army], 10 November. 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New name of capitalism, masked with parliamentary community, and belonging/affiliation to it be- York: Harcourt Brace and Co. democracy backed by the concept of law. In such ing problematized and relativized, but so is any • Badiou, Alain (1992/2006): Pogoji [Conditions]. Ljubljana: Založba a situation migrants are simply the first, most vul- difference, specificity, and otherness, opening a ZRC, ZRC SAZU. nerable and most visible victims. But generally, space for “whoever”, i.e. potentially for all. That • Balibar, Étienne (2001/2007): Mi, državljani Evrope? Meje, država, such an ideology systematically produces inferior, sameness breaks the communitarian, identitarian, ljudstvo [We, the People of Europe? Borders, State, Peoplehood]. redundant, dispensable people all over the world, juridical, and humanitarian logic. In that case we Ljubljana: Založba Sophia. regardless of their nationality (people of different have to understand that the status of citizen has • Balibar, Étienne (2004): Is a Philosophy of Human Civic Rights Possible? New Reflections on Equaliberty. The South Atlantic races, women, poor people, homeless, unemployed, no political meaning nor moral sense, if it does Quarterly CI I (2-3): 311-322. people of different nationalities, ethnic, cultural, not apply equally to all. This means that we have • Balibar, Étienne and Wal erstein, Immanuel (1988/1991): Race, sexual minorities etc.). And this is exactly what to struggle for freedom of movement for all indi- Nation, Class: Ambiguous Identities. London: Verso. global protests, starting in 2009 onward, are all viduals, no matter their nationality/citizenship. • Declaration of the Rights of Man and of the Citizen (1789). about. 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Available at http://www.rtvslo.si/slovenija/ ways of organizing the economy in more decent if this kind of ideology prevails. gyoerkoes-znidarjeva-nenadzorovan-migracijski-naval-bi-lah- ko-ogrozil-notranjo-varnost/374220 (16.9.2015). ways without exploitation, domination and hier- • Rancière, Jacques (1995): Politics, Identification and Subjectivi- archy, and there is a need to find new ways of or- zation. In Identity in Question, John Rajhcman (ed.), 63-73. Lon- ganizing political communities, so as to enable real don: Routledge. political participation for all. Nation-states must • Universal Declaration of Human Rights (1948). not be understood as private property of their citizens (people who live there). And prosperity of the citizens (and the whole “Western world”) must not be developed on the exploitation, demo- lition and repression of non-citizens/migrants (the 94 95 → TABLE OF CONTENTS RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 INDEX Neža Kogovšek Šalamon and Veronika Bajt A • bare life 81–84 • crowd control 22 • basic care 19, 20, 41, 42 • customary international law 39, 43 • Bauman, Zygmunt 68 • Czech Republic 52 • access • Belgrade Centre for Human Rights 42 to asylum 10, 21 • border 8, 15–19, 21, 24, 26, 46, 54, 67, to camps 21, 31–34 69, 73, 80, 81, 83, 88 to equality 92 border closure 7, 17, 31, 40, 55, 57, 74 D to food 18, 19 border control 17, 39, 44, 65, 67, 69 to refugees 81 border crossing 10, 17, 18, 41, 43, 75, • Declaration of the Rights of Man and of to territory 10, 41, 43 76, 92, 94 the Citizen 89 • accommodation 15–18, 36 irregular border crossing 16, 17, 26, • Defence Act 25, 55, 80, 81 • accommodation centre – see also 39, 40, 45, 47 • Dehumanization 52, 57, 77 refugee camp 12–13, 16, 18–21, 31, • Bosnia and Herzegovina 24, 52 double dehumanization 73 32, 36, 45 • Brežice reception centre 12–13, 19, • democratisation of borders 92 • activists 17, 20, 55, 57, 65 32, 33 • depoliticization 73, 78–82 • admissibility procedure 24 • Bulgaria 53 • deportation 46 • Afghanistan 16, 24, 63, 89 • deprivation 77, 78 • Agamben, Giorgio 73, 76, 79, 81, 82, 89 • detention 17, 31, 39, 45–48, 74, 79, 88 • Aliens Act 21, 40, 42, 46 • Directive 2013/32/EU on common • Aliens Centre 8, 12–13, 23, 40 C procedures for granting and • Alternativna akademija (Alternative withdrawing international protection Academy) 55 • Calais 57 (recast) 24 • alternative, the 59, 65, 66 • capitalism 87, 94 • Directive 2013/33/EU laying down • anti-immigrant 10, 51, 52, 54, 58 • capitalo-parliamentarism 88 standards for the reception of • anti-Muslim 51–53, 55 • categories of migrants 16, 88 applicants for international protection • anti-refugee 51, 52, 55, 56 • centre, accommodation – see (recast) 24 • anti-politics 63, 65, 66, 68 accommodation centre • disaster, natural 10, 67, 76, 80, 82 • Arab Spring 7 • centre, reception – see reception • discourse 10, 25, 52, 53, 58, 63–67, 69, • Arabic 22 centre 80, 90 • Arendt, Hannah 65, 68, 73, 76–79, 81, • Cerar, Miro 8, 17, 19, 24 • discrimination 52, 53, 57–59, 88 82, 84, 89 • children 7, 19, 20, 36, 37, 67 • disidentification 87, 93 • army 22, 25, 27, 35, 65, 67 • China 52 • Dobova reception centre 12–13, 17, 19, Dobova, 13 November 2015 • arrivals 9, 16–18, 24, 26, 40, 41, 74 • citizenship 56, 77, 78, 80, 82, 84, 89, 20, 23, 31–34 arrivals, increased 8, 15, 39, 87, 91 91– 94 • Dobova train station 18, 20, 31 • Asia 54, 87, 88 • Civilna zaščita (Civil Protection) 11, • DostJe! 93 Despite the fact that refugees first received food upon arrival • asylum 8, 9, 16, 17, 39, 40, 43–45, 47, 17–20, 26, 31, 32 • Društvo novinarjev Slovenije – see to Dobova reception centre, the system was subordinate to 52, 76, 80, 82, 91 • civil society 8, 24, 51, 53–55, 57, 59, Slovene Association of Journalists asylum law 10, 24, 39, 55, 84 the registration procedure. After registration, refugees could 65, 90 • Dublin Regulation 42, 43, 47 asylum procedure 10, 21, 24, 35 • clothes 19, 20, 22, 26, 32, 33, 35 finally take time to eat, however they were forced to do so on asylum seeker 16, 17, 23, 24, 40, 42, • colonialism 90 the floor, as no tables, benches, chairs or folding beds were 52, 67, 88, 92 • constitution 48, 59, 83 • Asylum Centre 40, 52 available. People were only supposed to stay in the reception • contingency plan 8, 15–17, 26 E • Australia 73, 74 • corporations 75, 76, 78 centre a short period of time, however it often happened they • Austria 8, 9, 18, 21–24, 31, 32, 35, 36, • corridor – see also humanitarian • Egypt 23 stayed long hours or even overnight - on the floor. 40–42, 44, 46, 47, 53 corridor 8, 10, 15, 16, 21, 23, 26, 39–41, • emancipation 87, 93 43–47, 74, 90 • emergency 20, 25, 45, 67, 80 • crisis • entry right 41, 42, 43 B humanitarian crisis 10, 48, 82 • equality 10, 77, 78, 84, 92–94 migration crisis 91, 94 • erasure of permanent residents 74 refugee crisis 7–10, 15, 23–25, • ethnicity 52, 90 • Badiou, Alain 88 27, 31, 33, 39, 51–53, 56, 58, 63, 75, • EU – see European Union • Balibar, Étienne 67, 89–92 81, 82 • euphemism 26, 67, 80, 90 • Balkans migration route 7, 15–18, 39, • Croatia 7, 8, 15–18, 20, 23, 26, 31, 33, • Eurodac Directive 47 41, 42 36, 40, 42, 45, 46, 47, 55, 74 • European Commission against Racism • bare human beings 77, 79, 80, 84 and Intolerance 53 96 97 → TABLE OF CONTENTS Neža Kogovšek Šalamon and Veronika Bajt | Index RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 • European Convention on the protection humanitarian corridor – see also M O • removal order 42, 43 T of Human Rights and Fundamental corridor 16, 17, 26, 39 • residence document 42 Freedoms 9, 19, 41 humanitarian organizations 8, 9, 17, • Restoring Family Link 32 • European Union 7–10, 16, 24, 35, 19–21, 24, 32–37 • Macedonia 7, 8, 41 • Opatovac, Croatia 33, 34 • restriction of movement – see also • teargas 17 39–47, 51, 52, 65, 66, 74–76, 80, 88, humanitarianism 67, 78, 80, 81 • media 7, 9, 10, 21, 51, 53–58, 63–69, 75 • Other, the 10, 53, 54, 87, 88 limitation of movement 16 • technical barriers – see also fence 80 89, 91 • humanity 48, 55, 58, 77, 82, 88, 89, 91 media reporting 10, 63 • otherness 87, 94 • return 7–9, 15, 16, 23, 40–42, 45, 47, • third world 87, 88 • exception, state of 76, 80 • Hungary 7, 8, 16–18, 24, 31, 40, 44, 52, social media 21, 51, 53, 54 88, 90 • toilet – see also sanitary facilities • extradition 46 53, 83 unprofessional professionalization purpose of return 45 18–20 of media 66 Return Directive 45, 46 • totalitarianism 68, 75, 76, 82 • mediatization 63, 64 P • rhetoric 8, 10, 51, 54, 56, 58, 75 • transit right 41–43, 45 mediatized society 63 • transit zone 24, 41, 73, 74 F I • right to have rights, the 77, 78, 81 • medical care 18–20, 32 • Pakistan 16, 24, 39 • rightless, the 77 • Tunisia 23 • Mediterranean 7, 63, 75, 88 • Papua New Guinea 73 • Rigonce 12–13, 19 • Turkey 7, 16, 75, 83 • Facebook 51, 53–57 • identitarian terror 93 • Merkel, Angela 7 • Paris 21, 51, 69, 74, 75 • rule of law 39, 47, 48 • Twitter 53 • Farsi 22 • identity 44, 53, 54, 79, 87, 92–94 • Middle East 7, 16, 51, 63, 87, 88 • passport 78, 83, 89 • fascism 68, 74, 87 • illegality 88, 91 • migrants 8, 16–18, 39, 41, 44, 51, 52, • Peace Institute 8, 9, 16, 21, 23 • fear 9, 24, 51, 54, 58, 76, 80, 88, 90 • imperialism 78, 84 54, 57, 58, 63–69, 88, 90, 91, 94 • permission to remain 21, 22, 23, 42, 45 U • fence 10, 12–13, 15, 17–20, 24, 26, 44, • incitement to hatred 53, 58, 59, 91 economic migrants 16, 40, 75, 81 • persecution 82 S 45, 53, 66, 74, 81, 84, 88, 91 • inequality 54, 75, 76, 88, 90, 94 il egal migrants 88 • Poland 52, 91 • fenced area 8, 9, 45 • inhuman and degrading treatment 9, 41 irregular migrants 16, 41–45 • police 8, 9, 11, 17–25, 31–35, 40, 42, • sanitary facilities – see also toilet 9 • unauthorized entry 46 • fingerprints 21, 22, 47, 49 • innocence, organized 78–80, 84 • migration 8 45–47, 55, 58, 65, 67, 69, 80, 81, 84, • Schengen area 23, 39, 41, 42 • UNHCR – see United Nations High • Finland 7 • instrumentalization of the media 66, 69 migration law 10, 41 88, 91 • Schengen border 74, 90 Commissioner for Refugees 21, 22 • Fortress Europe 88, 91 • International Covenant on Economic, migration management 24, 25, 44, police conduct 22 • securitization 24–26 • United Nations High Commissioner for • Foucault, Michel 76 Social and Cultural Rights 43 88, 91 police intervention 25 • security 8, 10, 21, 24–26, 51, 58, 63, Refugees – see also UNHCR 11 • France 51, 53, 56, 93 • international protection 15, 16, 23, 24, migration movement 16, 39, 41, 42, police powers 91 69, 75, 80, 81, 90–92 • United States 7, 52 • freedom 7, 10, 77, 78, 84, 88, 92 27, 47 44, 48 riot police 8 • self-organized groups 20, 32 • Universal Declaration of Human Rights 89 of expression 56, 80 abuse of international protection 16 migration route 7, 8, 15–18, 26, 39, • post-democracy 63, 68, 69 • Serbia 7, 8, 16, 17, 24, 41, 42 of movement 23, 25, 44–46, 94 International Protection Act 24, 40 41, 44 • prejudice 10, 53–55 • shoes 19, 20 of speech 52, 57–59 • Internet 54, 57 • militarization 24, 26, 65 • President of the Republic 55, 56 • Sierra Leone 52 V to fight for freedom 77 • interpretation 81, 83 • Ministrstvo za notranje zadeve • Prime Minister 8, 17, 19, 24, 55, 65, • Slovakia 31, 32, 52 • Frontex Agency 91 • intolerance 9, 10, 51, 53, 54, 57, 59 Republike Slovenije (Ministry of the 90, 91 • Slovene Association of Journalists 55 • Iran 16, 23, 24, 52, 89 Interior of the Republic of Slovenia) 8, • principle of legality 48 • Slovene Caritas 17, 20, 32–34 • violence 7, 54, 57–59, 82, 84, 91 • Iraq 23, 24, 39, 52, 63, 69, 89 24, 74, 80 • Prosecutor’s Office 55, 58 • Slovene Philanthropy 32–33 • visa 41, 42, 44, 76 • mobile phone 21, 66 • Protirasistična fronta brez meja (Anti- • volunteers 19, 20, 22, 31–37 G • Islam 10, 51, 53, 54 • Socialni center Rog (Social Centre Rog) • Islamophobia 24, 53 • monitoring 9, 16, 17, 19, 21 Racist Borderless Front) 57, 93 57 • Morocco 23, 89 • provision of information 21 • solidarity 8, 11, 24, 48, 63, 67, 69, 93, 94 • Geneva Convention 10, 40, 41, 76 • Muslims 51, 53, 54, 59, 68 • Somalia 16 W • Germany 7, 24, 31, 41, 47, 51, 56, 76, 83 • stampede 22 • global inequality 75, 88, 94 J R • State Border Control Act 46 • Global South 87, 94 N • states • water 9, 17–20, 26, 67 • Gornja Radgona accommodation centre • Jordan 7 destruction of states 78 • Western Balkans 15–18, 39, 41, 42, 12–13, 31 • journalism 55, 65, 67 • racism 24, 54, 55, 57, 64, 67–69, 81, disrupted states 90 51, 57 • governance, new global form of 78 • National Assembly 25, 56 87, 89–91 • subjectivization, political 93 • Greece 7, 16, 23, 41, 52, 83 • nationalistic messages 54 cultural racism 54 • superfluousness 73, 74, 76, 77, 82, 84 • green border 17, 47 • nation 10, 54, 55, 63, 64, 67, 88, 92, 93 institutional racism 67 K • Svet za odziv na sovražni govor (Anti- dominant nation 10, 53, 92, 94 racist language 54 X Hate Speech Council) 55 • nation-state 51, 53, 73, 81, 87, 88, 91 racist symbols 54 • Sweden 7, 24 • necessity 41, 44, 76, 83 • Rancière, Jacques 93 • xenophobia 27, 55, 57, 87 H • Kosovo 16, 24 • sympathy, humanitarian 79 • neo-colonialism 90 • razor wire 7, 10, 12–13, 15, 26, 44, 67, • Syria 7, 16, 23, 39, 63, 75, 89 xenophobic messages 52–54, 56 • Nigeria 16 69, 74, 81, 84, 91 • Habermas, Jürgen 64, 69 • NGOs – see non-governmental • readmission 16, 23, 40 • harassment – see police conduct L organizations readmission agreement 8, 23, 40 Y • hate speech 10, 24, 51–59 • Njetwork 57 • reception conditions 8, 15, 17–19, 21, Š • Hegel, G.W.F. 84 • Latvia 52 • no man’s land 17, 20 40, 43, 44 • heritage, colonial 89 • Lebanon 7, 23, 75, • non-governmental organizations 8, 9, • Red Cross 17, 19, 20, 26, 31–34 • Šentilj accommodation centre 12–13, • Yugoslavia 7, 26, 52, 53, 58 • homophobic messages 52, 54 • Libya 7, 89 17, 19–21, 31–37, 57, 65, 66, 81 • refeudalization 63, 64 19, 31–34 • hostility 54, 66 • limitation of movement – see also • North Africa 7, 51 • refugee camp – see also reception • human dignity 48, 83 restriction of movement 46, 47 • Norway 7, 11 centre, accommodation centre 31, 33, • human rights 9, 10, 19, 21, 26, 27, 40, • local population 9, 52, 58 12–13, 21 41, 43, 48, 57, 77, 82, 89, 92 • refugees 40 • humanitarian prima facie refugees 40 humanitarian assistance 9, 18, 21 • registration 9, 12–13, 18, 19, 21, 22, 31, 33, 40, 43, 45, 58, 81 98 99 → TABLE OF CONTENTS RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 A Note on Contributors Veronika Bajt (PhD in Sociology, University of Bristol, UK) has been a researcher and project coordinator at the Peace Institute since 2006, working predominantly on international projects on migration, integration, racism, nationalism, hate speech, citizenship and violence. She has published on topics of migration, gender and the labour market, nationalism, discrimination, national identity construction and practices of Othering, as well as analyses of collective memory construction and nationalist appropriations of history. She was a lecturer at the Masaryk University in Brno (Czech Republic) and at the International University Institute for European Studies (IUIES, Italy). Born in 1984 in Lille, France, Marc-Antoine Frébutte graduated in Human Geography at the University of Zurich. For his Master thesis, he worked on the exploitation of migrant workers in the agro-industry in Italy. Particularly interested in the movements of population, he specializes his research on migration, illegal work and integration issues. From October till December 2015, he monitored and reported for the Peace Institute on the conditions in the accommodation and registration centres for refugees in Slovenia and Croatia. At the same time, he conducted a research on the integration of the volunteers in the transit camps in Slovenia. Vlasta Jalušič is a political scientist, Senior Research Fellow at the Peace Institute (Institute for Contemporary Social and Political Studies), Ljubljana (Slovenia) and an Associated Professor at the University of Primorska, Slovenia. She has written books, articles and chapters on citizenship and feminism, gender and Šentilj (no man’s land), 12 November 2015 other inequalities, Eastern European politics and transition, war, violence and Hannah Arendt. Her most prominent work The Evil of Thoughtles nes . Arendtian Exercises in Understanding the Posttotalitarian Age and For most of the time nothing but a few toilets was available Col ective Crime was published in 2009. to refugees in no man’s land between Slovenia and Austria. No water, food, clothes, blankets, even volunteers were not allowed to be present. On one of the rare occasions when they Neža Kogovšek Šalamon holds a PhD in law. She works as a researcher and director of the Peace Institute. could be there, they were playing “blind mice” with refugee Her research topics include fundamental rights, administrative and constitutional law as well as migration, children. Some of the parents engaged in the game as well, which made the children very happy. asylum, non-discrimination and citizenship law. She is a member of a number of international professional associations, including Odysseus Academic Network of Experts in the field of Asylum and Migration and the European Network of Legal Experts in the Non-discrimination Field. She is the author of “Migration Law in Slovenia” (Kluwer, 2011), a monograph that is part of the International Encyclopaedia of Law. Currently she is working on a postdoctoral research project titled “Fundamental Rights of Citizens and Foreigners in the EU” (2014–2016) funded by the Slovenian Research Agency. In 2016, she will start coordinating a new project titled “Crimmigration between Human Rights and Surveillance” (2016–2018) also funded by the Slovenian Research Agency. 100 101 → TABLE OF CONTENTS RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Maja Ladić graduated in 2010 in International Relations at the University of Ljubljana, Slovenia. Due to her interest in human rights, protection of minorities, ethnic discrimination, ethnic conflicts, social inclusion, gender equality, development and development cooperation, she had already became engaged with the Peace Institute during her student years. She is continuing her education in this direction, as a PhD student of Development Studies (focusing on gender equality or gender dimension in development strategies) at the Faculty of Social Sciences in Slovenia. With a PhD in Development Studies she hopes to upgrade and improve her experience and knowledge she obtained through field work and development projects, which are an important added value to the empirical part of her doctoral dissertation. Mojca Pajnik is research associate at the Peace Institute and lecturer at the Faculty of Social Sciences, University of Ljubljana. The fields of her research include political and communication theory, focusing on topics of citizenship, migration, racism, gender and media. Immigrants, who are you? Research on Immigrants in Slovenia is the first book that she has co-authored on migration, with Marta Gregorčič and Petra Lesjak-Tušek in 2001 (Peace Institute). Recently she has co-edited with Floya Anthias Contesting Integration, Engendering Migration: Theory and Practice (Palgrave, 2014), Work and the Chal enges of Belonging: Migrants in Globalizing Economies (Cambridge Scholars, 2014), and, with Erik Valenčič, Racism: Cut Up World (Journal for the Critique of Science, 2015). Katarina Vučko has a degree in law and ten years of experience in working on discrimination, citizenship and migration issues from the legal, advocacy and research perspective. In 2012, she passed the State Legal Exam of the Republic of Slovenia. In 2009, she joined the Peace Institute where she works as a legal con-sultant and researcher in the field of human rights. She is working on projects in the field of legal status of migrants, asylum and non-discrimination issues, carrying out legal analysis, lectures and workshops. She has been performing legal counselling and representation for migrants in the procedures for granting residence permits and citizenship. She is active in the European Network on Statelessness and JUSTICIA European Rights Network. Lana Zdravković (PhD in Philosophy with the thesis “Politics of Emancipation: thought-practice of the militant subject”, 2013) is a researcher, political activist, publicist and performing artist. Fields of her research interest are identity, citizenship, migrations, political engagement, radical equality, politics of emancipation, and thought-practice. Fields of her artistic interest include neoliberalization and economization of the arts, political performance, pornography and art, kitsch and trash art. In her engagement she faces rethinking of issues such as: power of presentation and excess of representation, potential of subversion, opening of the spaces of equality as processes of redistribution of the sensible, scandal of the embodiment, identity and belonging. 102 103 → TABLE OF CONTENTS RAZOR - WIRED | Reflections on Migration Movements through Slovenia in 2015 Reviews It is not often that a book is published as an immediate response to a problem, more specifically to the The time is ripe for us to look into each other’s eyes and admit the truth. In a supposedly civilized world that political reaction on refugees coming from war zones in the Middle East. Prompt and reflexive writing has not experienced war for a long time, there is more hatred than one would expect, and notably more than demands committed researchers that are involved and not just observe as “objective outsiders”. The is right. Hate speech is percolating slowly from the margins of society to ‘mainstream’ speech. The spirit of authors of this book are themselves included in political debates and practical activities on the borders. our time is to hate and do so time and again. The bearers of hate speech are becoming leaders of political Consequently, they can make analysis also from personal experiences and from different perspectives, parties and even countries. It is not uncommon that they get support from the media. Civil society, arranged which makes the texts especially informative and relevant. It is very important to record and preserve in non-governmental organizations, seems to be the last bulwark of the system, however, the torrent is strong the facts that can so quickly be turned into ideologies because of the constant attempts to cover up, and the dams are on the verge of failing. Hate speech leads directly to hate crimes. We do not have in mind relocate and mask the truth, to “rationalize” or better racialize the problem. The cooperation between individual attacks that need to be decisively condemned, though. It is about legislation that, due to proce-the state, the media, the general public and the politicians in the production of ideologies is tight and dures, has the outward appearance of democracy, yet whose content is, however, in flagrant contradiction to orchestrated. Not many voices oppose the growing demands to prevent refugees from passing through the respect of human dignity. On one hand we are fighting for children and family life, but on the other we Slovenia, yet those that exist are loud and sound. The book is a valuable contribution to that. are preventing refugee families from reuniting. Looking at the book from a distance it is clear that its chapters have a common message. It seems that the The monograph is such an eye-opener that it actually prevents us from shutting them. The Peace Institute as chaotic manner in which the government responded at the beginning of the mass migrations of refugees, fol-an indispensable participant and initiator of civil actions and, as a critic of inappropriate political responses, lowed by the conscious decision to take up a merely repressive role in the management of refugees, opened the is a collective author of a valuable record of times as they should not be. It is warning us about a slow but per-doors for nationalistic sentiment that enabled all sorts of activities against refugees. Most of them including sistent escalation of a crisis that has been breaking for at least five years. As we have not been paying attention hatred, racism and militarism that is legitimized also by the governments’ lack of action against them. to it and as only individual states were initially affected by human distress and endangered lives that had to be rescued, the burden was considered their own. At present the consequences of this selfishness are being felt The book presents the problem from very different perspectives and levels of inquiry, which succeed to cap-all over Europe and Europe has been portrayed as scheming in the short term. ture the complexity of the phenomenon and presents a highly relevant and competent analysis that will provide readers with a deep insight into the structures and processes of current national, international and global There is a valuable warning that the law needs to adapt to new circumstances, to meet the needs of refugees, power relations. Refugees seem to be collateral damage and the nation-state the weakest link. The timely and that the existing provisions on human rights need to be the accepted guidance, given the precedence in benefit of the book is certainly in preserving proofs, giving evidence and recording facts that will preserve possible conflicts of legal norms. the memory. The monograph discusses two possible paths – one is to look ‘with eyes wide shut’ when facing these phenomena and the other to become aware that sooner or later these rights and compassion will come to an end for everyone if we do not acknowledge them openly. Vesna Leskošek, Dragan Petrovec, Associate Professor Professor of Criminology Faculty of Social Work at the Faculty of Law in Ljubljana University of Ljubljana 104 105 → TABLE OF CONTENTS Peace Institute Institue for Contemporary Social and Political Studies 106 Document Outline result_box result_box5 result_box1 result_box2 result_box3 _GoBack