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The Colombian War and “Invisible” Refugees in Ecuador

The bourgeoning cross-border population movements gave rise to an emergent trend toward the reconstitution of citizenship, with migrants and refugees, as Benhabib points out, bypassing agencies of nation-state to interact directly with either local or transnational institutions. This trend, generally seen as part of the process of globalization from below, goes hand-in-hand with an increasing prominence of the idea of human rights, the rights that we possess by virtue of being human. In effect, various scholars agree that human rights should be guaranteed, not by nation-states, but rather, by global institutions including both international governmental and nongovernmental organizations. This apparent drive to what Falk describes as a humane global governance is, however, marred by at least two problems. To be truly universal, human rights, as Siegel argues, have to be grounded in the realities of the developing world, realities that were largely ignored by architects of the present-day human rights regime. Furthermore, to be fully effective, Shafir suggests human rights have to be guaranteed by a global political community with its own distributive and enforcement institutions, something that is hardly possible in the world of present-day nation-states.