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| 1 |
ID:
106319
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2011.
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| Summary/Abstract |
Every year thousands of North Koreans illegally cross into China to escape the abject poverty and oppression that is endemic in their home country, and many are captured by Chinese authorities and returned to their homeland where they face harsh repercussions. To avoid culpability under international law, China maintains that the North Koreans are not refugees but rather "economic migrants," and that therefore they do not qualify for protection under the 1951 United Nations Convention Relating to the Status of Refugees. This paper examines this argument and concludes that it is invalid.
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| 2 |
ID:
059680
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| 3 |
ID:
178498
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| Summary/Abstract |
States have increasingly moved away from refugee protection, intensifying the vulnerability of refugees and asylum-seekers. Drawing on theories of norm dynamics within International Relations (IR), this article argues that departures from refugee protection can be partly explained by the weakness of the normative principles governing the treatment of individuals fleeing persecution. Ambiguities, diverging interpretations, and varying levels of codification complicate efforts to hold states accountable to a complex bundle of human rights standards surrounding refugee and asylum protection. These weaknesses in the international refugee regime bolster norm-evading behavior wherein governments deliberately minimize their obligations while claiming technical compliance. Drawing on an analysis of US refugee and asylum policies under the Trump administration, the article reveals how norm evasion and accountability challenges emerge in the context of ambiguous standards vis-à-vis non-refoulement, non-detention, non-penalization, non-discrimination, and refugee responsibility-sharing.
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| 4 |
ID:
098431
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2010.
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| Summary/Abstract |
There is growing recognition that the effects of climate change are likely to lead to more migration, both internally and internationally, in the relatively near future. These climate change-induced migrations are likely to pose new challenges to the international system, ranging from an increase in irregular migration, to strains on existing asylum systems, to protection gaps for certain migrants affected. Yet the legal and normative framework, and institutional roles and responsibilities, relating to climate change-induced migration remain poorly developed. This article provides an overview of the interactions between climate change and migration, outlines the current international response, and considers new approaches to the global governance framework.
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| 5 |
ID:
183850
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| Summary/Abstract |
The leading policy objective in EU differentiation underlying border controls, asylum and police cooperation has been to achieve the abolition of internal border controls to create a borderless European single market. Germany has been the main proponent kickstarting and maintaining this agenda through differentiation. For roughly two decades, differentiation has proved effective in abolishing internal border controls, integrating the related cooperation into EU structures, enlisting the cooperation of non-EU member states and producing joint policy outputs on asylum, external borders and police affairs. Yet, growing external migration challenges have undermined the effectiveness and legitimacy of existing arrangements, ushering in disintegration tendencies.
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| 6 |
ID:
098179
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| 7 |
ID:
139771
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Mexico is arguably immersed in an unprecedented wave of violence in which drug cartels and law enforcement officials at times work together in cases of forced disappearance, kidnapping, execution, torture, persecution and other atrocities considered violations of the most basic human rights, including the right to life and to physical integrity. However, these atrocities are only classified as human rights violations if they can be unequivocally attributed to the state; this is not always possible. Using Foucault’s idea of governmentality and Valencia’s concept of the Endriago as a subjectivity emerging from the specific governmentalisation of the Mexican state, this article examines how hybrid agents in Mexico – law enforcement officials working for criminal gangs or criminals working for the state – serve to subvert common understandings of attribution and responsibility in the state-centric discourse of human rights in general, and of the right of asylum in the specific case of Canada, a country to which thousands of Mexicans have fled.
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| 8 |
ID:
166766
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| Summary/Abstract |
This article deals with the exile of Husayn ibn Ali, ex-sharif of Mecca and ex-king of the Hijaz, in Cyprus (1925–1930). It was not politics, but the adversities of everyday life that shaped the ex-king’s stay in the British colony. Loss of prestige, estrangement, uncertainty about the future, lawsuits, financial problems and the death of his wife contributed to failing health which ultimately led to his relocation to Amman. A special, perhaps unique feature of Husayn’s enforced residence in the island is that the power which exiled him also granted him asylum. This article examines his living conditions, experience with and image in the local community, relations with his sons as well as his dealings with British authorities. In this way the progressive isolation and marginalization of an ex-monarch in exile becomes evident.
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| 9 |
ID:
172833
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How do migrants decide when to leave? Conventional wisdom is that violence and economic deprivation force migrants to leave their homes. However, long-standing problems of violence and poverty often cannot explain sudden spikes in migration. We study the timing of migration decisions in the critical case of Syrian and Iraqi migration to Europe using an original survey and embedded experiment, as well as interviews, focus groups, and Internet search data. We find that violence and poverty lead individuals to invest in learning about the migration environment. Political shifts in receiving countries then can unleash migratory flows. The findings underscore the need for further research on what migrants know about law and politics, when policy changes create and end migrant waves, and whether politicians anticipate migratory responses when crafting policy.
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| 10 |
ID:
185746
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Thousands of Haitian asylum seekers recently subjected to forced repatriation by the United States face a difficult time reintegrating in an unstable country which some of them hardly know. Adding to the difficulties are the prevalence of street gangs in Haiti and common assumptions that deportees are linked to organized crime.
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| 11 |
ID:
174489
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| Summary/Abstract |
The German experience shows that liberal democracies are able to develop effective policies and maintain the support of voters when they demonstrate that immigration is in the public interest and can be well managed.
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| 12 |
ID:
154549
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This paper provides a new and original perspective on the plight of migrants in India. It incorporates an in-depth and practical analysis of Indian legal policies through the lens of migrant and refugee rights. In examining the extra-legal provisions operating in two of India's borderland states—Assam and Jammu & Kashmir—I show how special legal exemptions in Indian law inherently undermine efforts to protect migrant rights. I argue that these extraordinary laws hinder pathways to justice in three distinct ways: by circumventing international principles of non-refoulement; challenging the jurisdiction of India's Supreme Court; and delegitimising migrant-friendly laws. In highlighting an often overlooked aspect of migrants’ rights issues, this paper brings the human element of India's regional border disputes and related legal mechanisms to the fore.
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| 13 |
ID:
145562
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| Summary/Abstract |
A key part of the debate about the UK's membership of the EU is concern about levels of migration and the impact upon security. This paper assesses how much impact EU membership has on each of these issues, and examines the likely impact of leaving the EU in each of these areas.
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| 14 |
ID:
133829
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| Publication |
2014.
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| Summary/Abstract |
As revealed by the 2011 Census, England is increasingly multi-ethnic. Yet, at the same time, racist discourses and practices continue to remain salient. In order to explore the contemporary manifestations of racism, this paper draws on research with two groups occupying different spaces within the sociology of race and ethnicity: young separated migrants seeking sanctuary in Britain and lone white mothers of mixed-parentage children. In this paper, we examine the everyday and structural racism experienced by each group in order to consider how seemingly different manifestations of race and racism are linked together and, in certain ways, dependent on each other. The paper argues that the public celebration of mixedness acts as a disavowal mechanism which can be used to conceal the endurance of colour-based racism as well as state racism operating legally through the immigration system.
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| 15 |
ID:
185784
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| Summary/Abstract |
From statistical calculations to psychological knowledge, from profiling to scenario planning, and from biometric data to predictive algorithms, International Relations scholars have shed light on the multiple forms of knowledge deployed in the governing of populations and their political effects. Recent scholarship in critical border and security studies has drawn attention to ‘the other side of knowledge’ and has developed a vibrant conversation with the emergent interdisciplinary field of ignorance studies. This article proposes to advance these conversations on governing through non-knowledge by nuancing the analysis of power/(non-)knowledge/subjectivity relations. Firstly, we expand the analysis of non-knowledge by attending to the problematisation of errors and fakes in controversies at Europe's borders. Errors have emerged in relation to border actors’ practices and technologies, while migrant practices, documentation, and narratives are deemed to be potentially ‘fake’, ‘fraudulent’, or ‘false’. Secondly, we explore how different subjectivities are produced through regimes of error/truth and fake/authenticity. We argue that there are important epistemic differences between ‘fake’ and ‘error’, that they are entangled with different techniques of power and produce highly differentiated subjectivities. Finally, we attend to how these subjectivities are enacted within racialised hierarchies and ask whether non-knowledge can be mobilised to challenge these hierarchies.
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| 16 |
ID:
109211
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| Publication |
2011.
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| Summary/Abstract |
For many years, Chinese nationals threatened with torture or persecution for their role in helping North Korean escapees had little success gaining protection from removal in U.S. courts. In 2009 and 2010, however, some courts bucked this trend, showing a greater acceptance of both the dangers faced by Chinese nationals suspected of assisting North Koreans, and the political nature of their actions. However, inconsistency remains on the fundamental question of whether Chinese authorities have engaged in the persecution of individuals who have assisted North Koreans, or whether they instead have legitimately prosecuted them pursuant to Chinese law.
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| 17 |
ID:
162409
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This article takes up a decision from the Refugee Review Tribunal of Australia to recognise a Lebanese woman as a refugee on 11 May 2012. The woman, a Sunni Muslim, had left Lebanon for Australia and applied for that country's protection from her abusive ex-husband, a Maronite Christian. This kind of claim does not typically align with the definition of a refugee, being motivated by ‘personal’ or ‘private’ relations, rather than ‘political’ reasons. The outcome therefore depended not on the veracity or degree of her abuse, but on the ‘systematic and discriminatory’ failure of Lebanese authorities to protect her from it, including police responses and Lebanon's personal status laws. The article argues that the earnest application of international human-rights norms in the Refugee Review Tribunal belies a secular conceit in the superiority of modern law over what it conceives as other, ‘religion-based’, legal systems, a conceit particularly acute with regard to its relative capacity to protect women and deliver gender equality. Building on recent literature on the entanglements of secularism and sexual difference, religious and colonial-era law, and sectarianism and the personal status courts in Lebanon, the article presents the relation of protection extended by the Australian state to the Lebanese woman as contiguous with historical and neo-colonial logics. Finally, the article poses contemporaneous executions of secular Australian sovereignty on Nauru and the seas between Indonesia and Australia to unsettle the sharp distinctions between Lebanon and Australia that enable the decision in file 1202163 [2012] RRTA 396.
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| 18 |
ID:
117874
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| Publication |
2013.
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| Summary/Abstract |
Over the last decade, sanctuary has been evoked as an alternative to the problems associated with an exclusionary statist asylum regime. In Canada, the United States, and Europe, a "cities of sanctuary" movement has emerged, articulated through various political vocabularies. This movement conceives of sanctuary not simply as a church-based site where asylum seekers may be secured but offers a host of welcoming practices within and beyond cities. This article specifically explores the UK-based City of Sanctuary movement, with a focus on the case of Glasgow, which has widely been read as exemplifying hospitality toward an empowerment of asylum seekers. It has been argued that while a statist discourse of fear-a "politics of unease"-posits migrants as a threat to be policed, the City of Sanctuary stimulates a softer approach. Yet, this article illustrates how the City of Sanctuary is also mobilizing a deeply troubling "politics of ease." Based on an ethnographic investigation, I show how a politics of ease renders intractable the serious problem of protracted waiting that many controls many asylum seekers. In doing so, I demonstrate how the seemingly hospitable City of Sanctuary in fact contributes to a hostile asylum regime by indefinitely deferring and even extending a temporality of waiting.
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| 19 |
ID:
184139
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In this article we seek to expand on the developing interest in Slow Violence and how it relates to immigration and asylum, by exploring how such violence is resisted. Following Foucault’s insight that in order to better understand power, it helps to study resistance to it, we draw on original research into acts of protest by refugees and asylum seekers in Scotland, and connect this to existing research on experiences of and resistance to the UK asylum system. In so doing we offer ‘Slow Resistance’ as a potentially useful concept with which to understand resistance not just to a particular configuration of power relations, but to a particular form of violence. The conceptual utility of Slow Resistance lies in its ability to illuminate: the particular operations of power/violence in the UK asylum system; the multiple forms of resistance to this violence/power; how these forms of resistance may be connected (thus discouraging the ‘silo-ing’ of analysing different forms of resistance); and how time is creatively engaged with by such forms of resistance. If, as has been argued, a particular challenge of slow violence is representational – how to devise arresting images and stories adequate to this form of violence – then resistance has the potential to focus our attention on it, and to gradually prepare the ground for meaningful change. While developed here in relation to the UK asylum system, slow resistance is a concept that we think can be useful in a wide range of contexts in which slow violence operates.
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| 20 |
ID:
159873
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This article focuses on how Sri Lankan Tamils construct their life histories for asylum applications in France. The construction of the truth in application documents is a crucial issue in citizenship requests and state-building: it determines who the asylum seekers are, and whether they will be integrated into the state or not. It is a citizen-making process, through which the state constructs its population and redefines its borders. This research has been carried out in a bureau drafting life narratives for asylum applications. It describes how the experience of persecution is transformed into an institutionalized biography through the work of a ‘public writer’. In particular, it shows that while the bureaucratic procedure follows the logic of ‘singularization’, a ‘tactical’ use of collective history plays a relevant role in the writing of these accounts: to give more credibility to theirs statements, asylum seekers use shared history to compose individual histories. Analysing the stakes and the various standpoints of the asylum demand, I will argue that the construction of truth, like the citizenship request itself, is not a simple matter of adapting to state laws and regulations, but is rather the fruit of the interaction between several actors with different interests.
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