MIGRATION ETHICS A CATHOLIC PERSPECTIVE

Fabio Baggio Scalabrini International Migration Institute

Introduction

ò  Human mobility: a very complex phenomenon

ò  Some questions concerning the “global governance” of human mobility

ò  Predominance of the economicistic perspectives

ò  Confusion between goals and means

ò  Need for ethicization of policies and practices

ò  Some ethics principles from Catholic social teachings, applicable to human mobility

Respect for Human Rights

ò  Universal ethic platform: UN conventions

ò  Universal Declaration of Human Rights (1948)

ò  International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (1966)

ò  Convention Relating to the Status of Refugees (1951)

ò  Convention on the Rights of the Child (1989)

ò  International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990)

Respect for Human Rights

ò  The Catholic social doctrine (CSDC)

ò  CSDC 152. […] The Church's Magisterium has not failed to note the positive value of the Universal Declaration of Human Rights […] a true milestone on the path of humanity's moral progress.

ò  CSDC 153. […] The ultimate source of human rights is not found in the mere will of human beings, in the reality of the State, in public powers, but in man himself and in God his Creator.

ò  154. Human rights are to be defended not only individually but also as a whole: protecting them only partially would imply a kind of failure to recognize them.

Respect for Human Rights

ò  Inalienability and inviolability of the rights due to the principle of no discrimination

ò  Principle of respect for fundamental human rights = good criterion for ethical judgment

ò  But … there are some limitations:

ò  Western connotation of the definition of rights

ò  They refer only to freedom and equality, while fraternity is missing (global and solidarity dimension)

ò  Only protection from violation, but not promotion

ò  Application to human mobility

Rights of migrant children in Argentina

Promotion of human dignity

ò  Born in the ancient Roman world, the concept evolved in two directions

ò  Special position of human being in the cosmos: universal and absolute meaning

ò  Special position of human being in the society: particular and relative meaning

ò  Principle of promotion of human dignity

ò  Christian understanding: human being as image of God (CSDC 108-114)

ò  Secular understanding: human being free and capable of choice (Pufendorf)

ò  Human being = unique, different and unrepeatable person

Promotion of human dignity

ò  Ethical principle of the promotion of human dignity ò  Human being never a mean to achieve a goal other than his/

her fulfillment

ò  Every action that reaffirms or increases the uniqueness, difference and unrepeatability of human beings is ethical, every action that that tarnishes or diminishes them is unethical

ò  Proactive dimension of the principle compensating the principle of the respect for human rights

ò  Limitation: western connotation of its conceptual development

ò  Application to the context of human mobility

Detention Centers for Migrants and Asylum Seekers

Superiority of common good

ò  Christian Perspective (CSDS 164-165) ò  Set of conditions that the integral fulfillment of the

society as well as the people who compose it

ò  Relational dimension of human being and consequences for his/her fulfillment: the good of the others

ò  Superiority of common good on individual good (or coincidence) = foundation of distributive justice

ò  To give to each one not the same but what is due to increase the common good (foresight and responsibility of policy makers and rulers)

ò  Other understandings of common good ò  Machiavelli: common good = conditions that allows the

welfare and development of a given society or state (independent actor)

ò  Hegel: common good = condition that allows the welfare and development of majority of a given human group

ò  In both cases: the sacrifice of a person is justified

ò  Similar understanding of the superiority of common good, but differences in application: it is important to consider it together with previous principles (rights and dignity)

ò  Application to the context of human mobility

Superiority of common good

Border Protection at Ceuta and Melilla

Universal destination of goods

ò  Principle of solidarity in main world religions: 2 traditional foundations ò  Universal destination of goods due to the will of

Creator

ò  Universal destination of goods due to global order

ò  Christians: from Jewish roots (CSDC 171-181) ò  Wealth as a personal gift of God and inviolability of

private property, but to be used for the welfare of whole humankind

ò  Jesus of Nazareth: contingency of material goods and duty of solidarity: egoistic use = divine punishment

ò  The first Christian community as example (Act 2,44-45)

ò  Islam: the creation for the good of everyone ò  Allah creator: natural resources accessible to everyone

ò  Personal wealth = gift due a predilection of Allah

ò  God = owner of everything, but gift for personal vantage

ò  Moral duty of solidarity: alms (Zakat o Zakkah)

ò  Hinduism: contingent goods for the whole ò  One should honestly earn material goods (artha) to support him/

herself and his/her family and help those depending on him/her

ò  Clear universal plan and distribution of goods according to the role of each one

ò  Every commendatory = duty of alms and solidarity

ò  Cosmic transmigration of souls = contingent wealth and properties

Universal destination of goods

ò  Buddhism: wealth for the happiness of all ò  Destination and distribution of goods like Hinduism

ò  Alms and solidarity = moral practices according to the economic possibilities

ò  Global interdependence: personal happiness = happiness of all

ò  Confucianism: solidarity as virtue ò  Difference between rich and poor = opportunity for the

interpersonal cooperation

ò  Alms and solidarity in the relationship between rulers and people, and among people

ò  Solidarity as portion of “jen,” preventing individualism that undermine the order of society

Universal destination of goods

ò  Many secular ethics: philanthropy and solidarity as excellent virtues, but no moral duty for individuals

ò  Solidarity = “duty” of civilization as it is showed by the increase of global solidarity (role of the processes of globalization)

ò  Application to the context of human mobility

Universal destination of goods

The new borders of solidarity

Global stewardship

ò  Principle of corresponsibility ò  Foundation: conscience of a common duty (humankind)

towards the correct stewardship, sound use and harmonious development of environmental and natural resources

ò  Application: duty to intervene to help who is not able to do it alone

ò  Christians: task and accountability ò  Stewardship on universe because of divine command (Gn

1,26-31 and 2,8-17)

ò  God is the real owner of the whole creation and humankind is only steward (accountability)

ò  Jesus of Nazareth: the likeness with God (Gn 1,26) and duty to adopt the same loving care of Creator

ò  Islam: stewardship and accountability ò  Allah offered the stewardship on everything (amana) to

humankind despite their injustice and ignorance

ò  Huge responsibility transferred from generation to generation and accountability to Allah, who, because of his mercy, guides and assists

ò  Hinduism: global corresponsibility

ò  Theory of cycles of rebirths (samsara) and no privileged position for human beings in the cosmos

ò  Duty to respect/protect every living thing: the principle of sanctity of life (ahimsa) in all its forms

Global stewardship

ò  Buddhism: like Hinduism, but innovation ò  At the beginning all human being lived in harmony, but

appearance of humankind with egoism e greed

ò  Path of enlightenment to reestablish the balance of the interdependence connections among beings

ò  Confucianism: “anthropocosmic” perspective ò  Interaction between heaven (guiding power), earth

(nature) and human beings

ò  The “dynamic vitalism” (ch’i) = material power of the universe that unite the whole cosmos

ò  Relationship between human being and nature: strict moral responsibility with collective dimension

Global stewardship

ò Secular ethics: facing the facts ò  Globalization processes and global impact of local

decisions and actions

ò  Humanitarian and ecologic questions more interrelated and individual and collective corresponsibility

ò  Interdependence of local economies: cooperation other countries’ development as international investment

ò  Principle of corresponsibility = a step forward from principle of solidarity (from philanthropy to duty)

ò Application to the context of human mobility

Global stewardship

North Africa and Near East political upheavals

Global citizenship

ò  Global citizenship: ancient roots ò  Christians: universalism and true homeland

ò  Foundation of nation states, but sense of belonging beyond borders

ò  Christian “Universalism” grounded on two ideas

ò  The true homeland = Kingdom of Heaven (Paradise)

ò  Every human being is called to be citizen in the “Kingdom of God” initiated by Jesus of Nazareth

ò  Islam: Umma Islamia and paradise ò  Umma Islamia: free movement grated to all believers (art. 23 of

Islamic Declaration of Human Rights)

ò  Expansion of Umma Islamia = enlargement of “global citizenship”

ò  Koran: the Paradise, eternal homeland for faithful believers

ò  Hinduism: cosmologic and universal perspective ò  The whole cosmos as natural theater of human existence, while

nation states as historical and contingent determinants

ò  Universal spirit = the concept of nation itself as negative

ò  Buddhism: cosmopolitism ò  No discrimination because of nationality or race

ò  The “big cosmos” as true spatial-temporal dimension of the transmigrating

ò  Cosmopolitan vision of the world (to see with other’s eyes)

ò  Confucianism: great unity of the world ò  Holistic and changing cosmology (64 statuses of being)

ò  Individual happiness = ultimate goal, not achievable without universal peace (great unity of the world)

Global citizenship

ò  Secular Ethics: concept of global fraternity, nationality not true source of identity

ò  The principle of universal citizenship and contemporary migration and asylum policies: questions concerning national sovereignty and security of nationals

ò  Application to the context of human mobility

Global citizenship

The case of Vietnamese refugees in the Philippines