The Right to Stay,Migrate and Return: Conceptualizing Freedom,Examining Diverse National Contexts and Exploring Policy Implications

Abstract

Executive Summary

This paper introduces a special edition of the Journal on Migration and Human Security, which examines a conceptual and interpretive framework called “the right to stay, migrate and return.” The concept builds on what religious leaders and scholars have alternately labelled the “right” or “freedom” to “stay” or to “remain,” and sometimes the right “not to have to emigrate.” This paper analyzes these “rights” in an integrative manner and offers a framework based on human dignity. It argues that the right to stay, migrate and return—as well as variations and combinations of these core options—can successfully frame a broad range of migration contexts, cover every stage of the migration process, guide the development of law and policy, lay the groundwork for effective migration governance, and strengthen humanitarian and development programs.

The paper begins by setting forth its understanding of this concept, which seeks to transform often wrenching and coerced decisions—to stay, migrate or return—into voluntary options. Drawing on the 12 papers in this volume, it applies the concept to the diverse, fluid and complex migration contexts of Lebanon, Colombia, Nicaragua, Honduras, El Salvador, the United States and elsewhere. The papers also deploy this concept to analyze state and supranational policies, including the Biden era U.S. “root causes” initiative in Central America, and commitments made by the United States, the European Union, and individual European states to the goals and objectives of the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration (GCR and GCM, collectively “Global Compacts”). Together, these articles identify conditions, migration polices, state commitments, and humanitarian and development programs that advance or undermine the right to stay, migrate and return. In addition, this paper analyzes support for this concept in international law, U.N. processes and religious teaching. It concludes with policy recommendations and a brief discussion of research needs.