The First Freedom

The First Freedom: How We Lost Sight of Our Oldest Right—The Freedom of Movement

By Bashir Mobasher  

Image: David Peinado Romero / shutterstock.com

Today, when we speak of migration, we no longer picture the awe-inspiring journeys of Herodotus, Xuanzang, Marco Polo, Ibn Battuta, or James Cook, men who ventured across oceans and deserts, through empires and unknown lands without needing a permit to enter and sometimes even received an audience with curious royalties.[1] We forget that their stories represent countless others, unnamed, unrecorded. We overlook the migration of the earliest human, homo erectus and homo sapiens, those bold crossings over mountains and plains, rivers and seas, islands and continents, by people who knew no boundaries, only the pull of necessity, survival, and discovery. They exercised the most ancient human freedom: the freedom to migrate.

Now, when we hear the word migration, our minds leap not to the journey, but to borders, passports, patrols, visas. We ask whether someone’s movement is legal or illegal, allowed or forbidden. We debate thresholds and quotas, risks and threats. Rarely do we ask the more human question: Does a person have the right to move freely? Doesn’t a person have the right to seek safety, pursue happiness, or simply adventure elsewhere?

What once seemed instinctive is now seen as impermissible, unnatural, even immoral. But this distorted view of movement is astonishingly new. It is newer than carriages and clocks, than spectacles and telescopes. For most of human history, the idea that one needed permission to move would have been absurd. Questioning human migration was questioning human nature—it still is. For over 90% of our existence as hunter-gatherers, humans were entirely dependent on movement.

Even with the rise of agriculture and the building of cities, migration between spaces remained natural to individual and social life. Entire communities shifted with the seasons. Trade and travel routes like the Silk Road, the trans-Saharan highways were arteries of constant movement. Nomadic peoples endured. Even the settled recognized migration as a response to drought, war, or opportunity. One needed no reason, or any reason would suffice.

This right to move is older than nearly all others. It predates the right to property, that most revered right in American political mythology. Property only became relevant when humans began to fence off land. Even the American settlers who enshrined property rights had to first migrate across oceans and continents to claim the land often by force. The right to the ‘pursuit of happiness’, enshrined in the US Declaration of Independence (1776), presupposes freedom of movement. Before there was freedom of speech, freedom of religion, the right to vote, or the right to due process, there was the right to migrate. Kings and empires might silence your tongue, outlaw your prayers, chain your thoughts, but they rarely questioned your decision to migrate. To migrate was beyond question. Often, it was the only freedom you could use to protect other personal rights by going to a new place. As the most respected freedom, it was the guardian of all other rights and freedoms.

Ancient thinkers, and traditions revered it as a sacred endeavour. Herodotus wrote, “Human prosperity never abides long in one place.” Aristotle saw migration as part of the natural order, while Socrates found it preceded new polities and civilizations. Religious traditions elevated migration into a moral duty: Abraham’s journey across deserts, the Exodus of the Israelites, the disciples’ missions across lands and cultures, and the Prophet Muhammad’s Hijra from Mecca to Medina were not mere detours or escapes. They were profound tales of faith, survival, and liberation in these traditions. Similarly, the Buddha’s Great Renunciation, the exiles in the Ramayana and Mahabharata, and the Anishinaabe migration were considered sacred journeys in these traditions shaping both the self and the world.

And yet today, that great engine of human history has been stalled. The rise of modern nation-states, colonial cartographies, and rigid immigration regimes has replaced this freedom with control. The invention of passports, visa systems, and surveillance bureaucracies has shackled what was once humanity’s most basic instinct. A species that roamed the earth for millennia now finds itself trapped inside boxes, walled by citizenship papers, embassies, fences, and checkpoints.

Ironically, it was the very colonial powers who once championed expeditions, economic and political adventurism, and settlement expansion that later rebranded rather more peaceful and kinder versions as a threat. The same empires that moved freely across oceans and continents in search of resources and dominion turned around to criminalize movement when it came from the margins. They eagerly promoted a pantheon of liberal rights, including free speech, religion, property, and even humanitarian intervention, but withheld the most ancient and universal of them all: the freedom of movement.

When the Universal Declaration of Human Rights was adopted, freedom of movement was included but subtly severed from the act of migration. A quiet sleight of hand. The right to leave was affirmed; the right to enter was not. It was a masterstroke of legal illusion, a political magic trick from the Western sleeve that has since cast a spell over global consciousness. A disillusion so complete, we forgot that the right to move was indeed the right to migrate; and it was never theirs to define, give or take. It was ours all along.

They even manufactured some baseless rights like preemptive self-defence, preemptive strikes, trade liberalization, and economic embargo, but somehow framed the right to migrate as too unrealistic, too disruptive, too dangerous to recognize. Denying the right to free movement has never been merely a matter of security or order; it reflects much deeper structural concerns. Facilitating and even coercing the flow of capital and resources from the Global South while restricting the movement of people ensures that global inequality remains entrenched, locking entire populations into structural disadvantage. These deeply embedded, often racialized, immigration systems have historically privileged certain regions and populations over others.

This redefinition has traveled far beyond its Western origins. For example, it is not only the United States or Germany that now deport Afghans, the very people they once claimed to protect. So too does Pakistan, Iran, and Tajikistan, who call Afghans their ‘Muslim brethren’, their ‘cultural kin’, their ‘linguistic neighbours’. Yet all these words evaporate at the border. Solidarity collapses at the gate.
Today, we no longer speak of migration as a right. We speak of it as a problem. A crime, a disruption to be managed. The image of the migrant has shifted from that of a seeker or survivor to that of an invader. We no longer greet them with wonder. We do not ask about their journeys, their struggles, their dreams. We fear them. Our attention has shifted from people to policies, from humanity to geography. We have created a world where those most in need of movement are the most forbidden to move. People are trapped in war zones, failing economies, and ecological disasters, not because they cannot escape, but because they are not allowed to. The powerful still glide across borders with ease; the vulnerable are held hostage by the coordinates of their birth. Worse still, this system has seeded hatred and xenophobia, nationalism, and exploitation. It has enabled trafficking where safe passage is denied. It has weaponized difference and built moral hierarchies out of geography. Borders are no longer lines; they are Great Walls of China, dividing people, excluding them.

To forget this freedom is not only to forget our past; it is to endanger our future. In boxing humanity into artificial lines, we have betrayed the very idea of freedom. We have turned a natural preservation instinct, a birthright, into a crime. We have silenced the journey. And in doing so, we have not only lost sight of our first freedom; we have lost a piece of what it means to be human.
 

[1] The empires were, however, hesitant to let Ibn Battuta and Marco Polo leave because they needed their services, not because they had some random law about migrations.

Dr. Bashir Mobasher teaches at the American University (DC) Department of Sociology, New York University DC, and the American University of Afghanistan Departments of Political Science. Dr. Bashir is the current President of Afghanistan Law and Political Science Association (in Exile). He is an expert in comparative constitutional law, identity politics, and human rights. He has authored, reviewed, and supervised numerous research projects on constitutional law, electoral systems, and identity politics. His recent research projects are centered around decentralization, social justice, and orientalism. Bashir obtained his B.A. (2007) from the School of Law and Political Science at Kabul University and his LLM (2010) and PhD (2017) from the University of Washington School of Law.

Beyond the ITT Initiative: How Ecuador’s Civil Society Reclaimed the Future of Yasuní

By Edgar Aguilar

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Photo from flickr

The failure of Ecuador’s Yasuní-ITT Initiative in 2013—an internationally recognized proposal to leave oil in the ground in exchange for global compensation—sparked a nationwide civic response. Civil society actors mobilized not only to oppose oil drilling in Yasuní National Park but to redefine what environmental governance could look like in Ecuador’s constitutional context.

Indigenous federations condemned threats to ancestral territory and the rights of uncontacted peoples. Environmental organizations cited Yasuní’s status as one of the most biodiverse regions on Earth. Youth activists framed the issue around climate justice and generational rights. Meanwhile, oil producing communities, local governments and the state oil company defended drilling as a source of critical state revenue and social investment.

In this context, YASunidos was born. Formed in 2013 by a coalition of artists, students, lawyers, environmentalists, and Indigenous youth. YASunidos set out to trigger a national referendum to halt extraction in Block 43. By early 2014 it collected over 756,000 signatures—well above the legal threshold. Yet Ecuador’s National Electoral Council invalidated more than half on technical grounds, effectively blocking the referendum.

Over the next decade, YASunidos evolved. Faced with institutional barriers, the group pursued a multi-pronged strategy: legal challenges in domestic and international courts, cultural campaigns, public education, and transnational alliances. Their demands were anchored in Ecuador’s 2008 Constitution, which enshrines both the Rights of Nature and participatory democracy, a globally unique legal foundation that positioned extraction in Yasuní not only as an environmental threat but as a constitutional violation.

Crucially, YASunidos helped keep the issue in the national spotlight. Even when the media cycle moved on or administrations changed, they maintained public pressure. Through sustained outreach and alliances with indigenous federations, human rights defenders, and global environmental networks, the group broadened its message and constituency. Rather than frame Yasuní as a niche ecological issue, they positioned it as a symbol of the country’s democratic and development crossroads.

That civic pressure paid off. In May 2023, Ecuador’s Constitutional Court approved a binding referendum on oil drilling in Block 43. On August 20, nearly 60 percent of Ecuadorian voters opted to halt extraction, which marked the first time a national electorate democratically voted to leave oil in the ground. The result was globally unprecedented, representing a major step in participatory environmental governance.

Still, the vote revealed important nuances. In oil-producing provinces like Orellana and Sucumbíos, where jobs and infrastructure depend on extraction, a majority voted to continue drilling. These regional differences underscored a key tension: while many voters perceived few benefits from extractive activity despite its costs, others remain economically dependent on it. Civil society’s challenge was—and remains—to articulate a just transition that resonates across these divides.

Following the vote, the Ministry of Energy announced plans to decommission the Ishpingo B-56 well, beginning a phased shutdown of Block 43. The court-mandated timeline requires full dismantling within one year, though the Energy Ministry estimates the process will take five years and cost over $1.3 billion. Whether the state follows through remains uncertain, which makes the ongoing need for civil society oversight critical.

The Yasuní case shows how civil society can do more than resist. It can reshape national debates. YASunidos didn’t just oppose drilling; the coalition reframed it as a matter of constitutionality and democratic participation. By grounding its message in Ecuador’s legal framework and sustaining civic pressure over time, it turned an aborted referendum into a test of the country’s democratic and legal architecture.

The coalition’s success also underscores the value of adaptability. When formal avenues were blocked, YASunidos shifted tactics. They combined litigation, media, and grassroots organizing, without losing focus. Few civic movements sustain relevance over a decade, let alone drive constitutional interpretation and national decision-making. YASunidos did both.

Finally, the decade-long social discourse around Yasuní demonstrates that public debate matters. It was not just a legal battle, but a cultural and moral one about how Ecuador defines development and whose voices count. The 2023 referendum wasn’t the end of that conversation, but a civic milestone in a much longer struggle.

As Ecuador begins to implement the results of the referendum, civil society remains a critical force not only in holding the government accountable but in imagining and advancing alternatives that confront the complex realities on the ground. In many oil-producing regions, communities have received some benefits—such as jobs or infrastructure—but have also shouldered the heaviest environmental and health burdens. The perceived gains have often been limited, unevenly distributed, and insufficient to justify the long-term damage. YASunidos demonstrated that civic engagement can do more than just oppose extractivism. It can defend rights, reframe national debates, and build lasting democratic momentum.

Edgar Aguilar is a Researcher at the Center for Latin American and Latino Studies and a graduate student in International Economics at American University

Edited by Rob Albro, Associate Director, Research, at the Center for Latin American and Latino Studies

*This post continues an ongoing series, as part of CLALS’s Ecuador Initiative, examining the country’s economic, governance, security, and societal challenges, made possible with generous support from Dr. Maria Donoso Clark, CAS/PhD ’91.

Innocence Suspended: From Seeking Security to the Guantanamo Concentration Camp

Luis Alberto Castillo Rivera graduating from high school in Venezuela (Photo courtesy of his family; Source: Migrant Insider)

Luis Alberto Castillo Rivera graduating from high school in Venezuela (Photo courtesy of his family; Source: Migrant Insider)

The story of Luis Alberto Castillo Rivera, a Venezuelan asylum seeker, has gone viral on TikTok and gained media coverage. Castillo is a man without any criminal history or gang affiliation who entered the United States through a legal pathway. In 2024, this Venezuelan asylum seeker flew to Mexico and awaited his court date. Once he received his appointment date on the CBPOne app on January 19th, 2025, he presented himself at the U.S.-Mexico border in El Paso, where he was processed by immigration authorities and held in detention for no given reason. At the ICE detention center in El Paso, authorities started to question his tattoos, specifically one he had of Michael Jordan. Authorities claimed his Jordan tattoo was affiliated with the Venezuelan gang Tren De Aragua. Many of the tattoos identified by a law enforcement list as used by Tren de Aragua, including stars, roses, tigers, and jaguars, are common among Americans. These so-called identifiers may just be a flimsy pretense for criminalizing the average, non-criminal migrant.

Castillo in a photo released by the Department of Homeland Security of the first flight of migrants preparing to takeoff for Guantanamo Bay, Feb. 4, 2025. DHS

Castillo in a photo released by the Department of Homeland Security of the first flight of migrants preparing to takeoff for Guantanamo Bay, Feb. 4, 2025. DHS

On February 3rd, Castillo told his family that he would be deported to Venezuela, even without a hearing. The next day, he lost contact with his family and was sent to Guantanamo Bay, Cuba on February 4th. President Trump stated he is sending those who have committed crimes in the U.S. to Guantanamo Bay, but Castillo had no criminal history nor gang affiliation and never even had the chance to freely step foot in the U.S.

Castillo’s family was not notified that he would be held at the “longest-running war prison.” His family members only found out about this after seeing pictures online of migrants arriving in Guantanamo Bay. When his family searched for him on the US Immigration and Customs Enforcement website, it appeared he was still in the processing center in El Paso, Texas. Attorneys are calling Guantanamo Bay a “legal black hole,” a place where typical legal protections do not exist for some of the detainees. Some are being held without due process indefinitely without trial or conviction, including thousands of Haitian refugees in the 1990s and almost 800 Muslim men, including minors, over the past two decades. Some of these prisoners have endured incredible physical and psychological abuse and torture in this extralegal space.

Now, the first group sent to Guantanamo Bay, including low-risk migrants and migrants with no criminal record, such as Castillo, were detained in the “counterterrorism suspect” part of the prison – rather than the Migrant Operations Center used in the past to process migrants. The conditions these individuals are facing at this maximum-security prison are inhumane, including mold, undrinkable water, and a lack of adequate medical care. Guantanamo Bay does not even meet the minimum safety standards for detention facilities as set by the U.S. government. Furthermore, the detainees at Guantanamo Bay are subject to permanent physical and psychological trauma.

A less-known but recent story close to home is one where five migrants in North Florida went into a gas station to grab breakfast on the way to their construction job on January 27th and were detained by ICE. Four of them remain detained in Florida. One of them, a Mexican man name Jose Angel Juarez, was sent to Guantanamo Bay; the rumors go that he would be held there for two years. He has no criminal record beyond being caught multiple times crossing the border. He is simply a worker who has been entering and leaving the U.S. every year to work and go home. The idea that Guantanamo Bay was ever for the “worst of the worst” is an illusion. These are just two among many cases of immigrants being detained, held, deported, or sent indefinitely to Guantanamo Bay without due process after being profiled racially or for having tattoos. 


Katheryn Olmos is a Research Assistant at the Center for Latin American and Latino Studies and a graduate student at the Sociology Research and Practice program at American University.

Edited by Ernesto Castañeda, Director, and Emma Wyler, intern at the Center for Latin American and Latino Studies and the Immigration Lab.