Found 2581 matches for
Protection against torture in Western security frameworks: the erosion of non-refoulement in the UK-Libya MOU
In 2005, the United Kingdom (UK) signed Memoranda of Understanding with Libya, Jordan and Lebanon. These memoranda allow the signatory nations to return individuals who are considered threats to the public safety of the host country, to their country of origin. This paper will show that the memoranda are both an extension of the UK’s security-focused migration policies and in conflict with the UK’s human rights obligations. First, it will be argued that the memoranda represent an effort by the UK, pre-dating and accelerated by the September 11th attacks, to frame migration policy control as a national security goal. Second, it will be argued that the non-binding nature of the memoranda and their lack of mechanisms for implementation and legal redress could negatively impact the principle of non-refoulement to torture.
This paper aims to understand the reason why negotiation of the relationship between asylum policy and the well-being of asylum-seeking children has been particularly challenging in recent years. Its objective is to comprehend the nature and the implications of the relationship between childhood and asylum in the UK. It specifically investigates the theoretical, political and rhetorical frameworks applying to asylum-seeking children within families (‘accompanied’ children). It focuses on the actors involved in making, influencing and implementing policy: especially the Government, Members of Parliament, civil-society organisations, civil servants and, at the margin, the media. This paper argues that the controversy over asylum-seeking children does not result from a diverging understanding of childhood between the state and its opponents. Instead, divergence arises in relation to the consideration given to adult asylum-seekers and the standards set for the entire asylum system.
Negotiating access and culture: organizational responses to the healthcare needs of refugees and asylum seekers living with HIV in the UK
This paper examines possible explanations for difficulties that refugees and asylum seekers living with HIV have with accessing healthcare. It argues that complexity must be recognized as a central and defining feature of access to healthcare for this marginalized group, thus requiring a multi-disciplinary view of both the problem and organizational responses to it. The paper begins by considering the prominent notion of cultural competency and the imperative to improve cross-cultural understanding in doctor-patient interactions. It goes on to illustrate the complexity of factors that influence healthcare decisions and opportunities for refugees and asylum seekers living with HIV. Finally, it reviews the cultural, social, legal, institutional and structural barriers that jointly prevent effective and successful healthcare utilization.
If most receiving States are already bound by a prohibition of torture by treaty law as well as international customary law of jus cogens quality, what is the added value of a diplomatic assurance? This paper argues that the assurance may add a layer of bilateral obligation to the multilateral obligation erga omnes. It is not inherently more or less binding than universal obligations; the difference lies in available enforcement options. Within the framework of diplomatic assurance, sending States can dictate conditions of monitoring and enforcement that do not follow from existing obligations. This determines whether there is an added value and whether in the individual case an assurance can cancel a risk of prohibited treatment. By elevating an individual case to the diplomatic level, it gains significance. By the same move, however, it becomes vulnerable to the exigencies of foreign relations.
The liberal paradox has been instrumental in shaping the exclusionary provisions of municipal asylum law and policy. It refers to the theoretical contradictions between state sovereignty and human rights commitments, which become expressed in the paradoxical asylum procedures of liberal democracies. This paper attempts to weaken the paradox on several grounds. I will argue that there is no necessary tension between democracy and liberalism in the context of asylum; that the state’s sovereign right to control entry is quite compatible with its obligation to protect aliens within its territory; and that British asylum policy is quite consistent and does not manifest the existence of the liberal paradox. The implications of undermining this paradox could be that governments might consider revising their restrictive schemes to accommodate the needs of forced migrants.
The production of this paper has been motivated by the conviction that participatory research with children in armed conflict settings is valuable because of the emergency context. Such an approach is likely to yield richer and more detailed data than a conventional, adult-led approach. These data can be invaluable to the design of interventions. Moreover, engagement in well-planned research activities can offer direct benefits for young participants by enhancing their skills and awareness. In settings of conflict where the young may be required to play an expanded role in their own protection and in the care of others, their personal development is especially important. Our aim here is to equip researchers to most safely and profitably pursue participatory research with children and, to that end,we explore the specific conceptual, ethical and methodological issues concerned.
This paper argues that the administration of refugee camps and humanitarian aid by refugees facilitates the creation of a national identity. In doing so it asserts that: camps are loci for the creation of collective narratives about their residents, administrative authority and economic control enable a power elite to gain asymmetric authority in a relational field, and nationalism meets the new elites’ need for legitimacy in the context of “traditional” narratives and provides a unifying “vision of the future”. This paper explores the specific sources and manifestations of Saharawi nationalism, including the construction of nationalizing structures by the Polisario elite and the impact of those structures on the Saharawi population. It concludes with the implications of this work for research on nationalism, refugee camps, and the Sarahawi.
Prompted by Palestinians’ recent occupation of cyberspace as a new terrain on which to conduct their struggle, this paper is an inquiry into the existence of a virtual Palestinian homeland online. It traces the initial process of inscription of the land of Palestine with the meaning of ‘homeland’ at the turn of the twentieth century, comparing that process with Palestinians’ online activities. Drawing on Walter Benjamin’s theory of storytelling (1936) and Pierre Nora’s concept of the distinction between lieux and milieu de memoire (1989), it assesses how Palestinians’ storytelling practices of ‘emplacement’ several generations before exile inform our understanding of Palestinian refugees’ storytelling in cyberspace today. It argues that, while insufficient to replace Palestinians’ original homeland or to satisfy their political aspirations, ‘virtual Palestine’ does exist and offers a window into visions of a future homeland as expressed by Palestinians not usually heard from.
This paper looks at how the privatisation of immigration detention centres has affected the evolution of the immigration detention regime in the UK. It argues that the privatisation of immigration detention centres can be directly linked to the growth of the detention estate, the willingness to detain despite clear principles and rules limiting its use, the secrecy and lack of accountability inherent in immigration detention, and in some respects, the move towards increasingly harsh detention policy and practice. It concludes that the implications of privatisation of immigration detention centres are of grave concern and that at the very least, boundaries as to the extent of private involvement and the capacity of detention space should be clearly defined.
This paper explores the legislated, tactical, and discursive means by which asylum seekers and criminals have been cast analogously as both figures of putative threat and beings undeserving of the rights of citizenship over the past decade in the United States. It argues that one cannot fully understand the politics of asylum and unauthorized migration in the US without an analysis of the overwhelmingly penal and criminalizing mechanisms by which such politics are practiced. By critically assessing these mechanisms within asylum management technologies, it finds that contemporary immigration and asylum measures serve a variety of political and social functions domestically, distinct from the goal of restricting entry. These alternative functions include bolstering state legitimacy, facilitating the regulation and exploitation of labour, and containing social and political unrest.
International cooperation between North and South to enhance refugee protection in regions of origin
This paper explores the current Geneva-level debate on targeting development assistance to enhance refugee protection capacity in regions of origin. It draws on the insights available from the international relations theory relevant to international cooperation as a means to illuminate the prospects for overcoming polarisation. Moreover, it surveys the existing literature on ‘burden-sharing’ in the global refugee regime, placing it in the broader context of regime theory, the body of international relations theory on which it implicitly and selectively draws. This paper argues that, ‘collective action failure’ is not an inevitable outcome of attempts to achieve north-south cooperation and identifies a number of factors that may be conducive to improving the prospects for cooperative outcomes. It concludes by examining how the conceptual logic of Convention Plus’ approach to north-south cooperation could be further developed as a means to facilitate future multilateral cooperation and thereby overcome sources of past and present polarisation.
This document presents a collection of papers developed in conjunction with a one-day workshop held on the 20th May 2004 and organised by the Refugee Studies Centre in collaboration with the Asian Studies Centre, St. Antony’s College. The workshop focused analysis and debate on the conflict, violence and displacement under martial law in Aceh. Scheduled to coincide with the formal lifting of martial law on 19 May 2004, the workshop brought together academics and practitioners and, thus, a wide range of perspectives and expertise. Obstacles and opportunities for the long-term resolution of this protracted conflict were also explored during the day.
The following paper is an examination of domestic violence in the Dzaleka refugee camp in Malawi, with the intent to show that refugee domestic violence deserves to be studied more thoroughly and with a broad lens. It discusses three approaches used to explain domestic violence in Western and African contexts: individual reasons, culture, and structural violence. Moreover, this paper shows that the community may play a role either in resolving domestic violence by facilitating justice and healing, or legitimating it. Camp personnel, such as police, health care practitioners, administration and social services are members of this community. Lastly, Western development and humanitarian agencies, as well as international institutions, have claimed places in the discussion of refugee domestic affairs and their interests are played out in culture and through discourse.
The outside inside: Chechen IDPs, identity documents and the right to free movement in the Russian Federation
The present war in Chechnya, like its predecessor, has become infamous for the human rights violations visited in its name upon civilians in the conflict zone. This paper examines the way in which the scope and reach of these human rights violations has expanded beyond the Northern Caucasus to include those who have fled Chechnya for other parts of Russia, sometimes hundreds of miles away from the fighting that displaced them. It shows that as the language of security becomes the ascendant discourse in Russia’s domestic affairs, authorities at both federal and regional levels have taken the liberty of imposing restrictions on the various identity documents that displaced Chechens would need to resettle outside their home republic. These bureaucratic measures have coalesced to create a de facto suspension of displaced Chechens’ right to free intrastate movement, limiting, if not extinguishing, their chances of finding refuge within Russia.
Today, permanent resettlement is evaporating as a solution to refugee crises. For millions of refugees, return is no longer an option but an imperative (Hathaway 1997: 553). Drawing on international law and social contract theory, this paper argues that the state of origin has a fundamental responsibility to provide restitution to repatriating refugees with a view to creating just conditions of return. Rather than a ‘one-size-fits-all’ solution to the challenges of return, restitution is a negotiated process involving modalities such as property restoration, financial compensation and trials, and aims to recast the fragmented relationship between refugees and their states of origin into a rights-based framework (Ellis and Hutton 2002: 334). Albeit an invariably imperfect process, this paper contends that it is through restitution that the state re-establishes its legitimacy by acknowledging and attempting to make good on the moral and legal responsibilities it abrogated by forcing its citizens into exile.
Based on more than ten years of study among the Harasiis, a Middle Eastern tribe living in the Sultanate of Oman, Mobile Pastoralists is a powerful statement on the importance of grassroots, people-based development and on the inadequacy of conventional responses for such a community by the international aid bureaucracy. Dawn Chatty's work is the product of years of research among the Harasiis, during which she headed an international development project aiming to provide basic social services to the tribe without disturbing their traditional nomadic pastoral way of life. Mobile Pastoralists provides readers with a detailed description of the conception, drafting, implementation, and completion of Chatty's aid project. The book also includes nuanced case studies of individual Harasiis men and women, showing how development efforts and the complex forces of modernization have affected members on a personal level. Supplemented by a group of photographs of the tribe and their environment, along with seven detailed regional maps, Mobile Pastoralists is a study with valuable applications for anthropology, cultural geography, development planning, and Middle Eastern affairs.
With the creation of the modern nation-state in the Middle East and North Africa, women have been and continue to be manipulated to represent a cultural ideal of perfect womanhood. This is often greatly at odds with the realities of women's lives and aspirations. However, individual women, through careful manipulation of gender relations, often succeed in casting aside the culturally accepted bonds which diminish their lives.Even so, women in groups are deemed unacceptable unless they conform to state mandates. In many countries in the Middle East, women are only legally permitted to form groups which are charitable organizations concerned with the welfare of the disabled or the handicapped. Clearly women in groups are perceived as a threat by the state.This challenging book examines the nature of the relationship between both women and the state and men and the state. It presents a balanced mix of theoretical and empirical research which analyzes both the formal and informal ways in which women have organized themselves, and been organized, in Arab society.
Conservation projects in the Middle East have recently focused on reintroducing extinct mammals into their former grazing lands. The indigenous human populations in these areas—mainly nomadic pastoralists—have been, until very recently, excluded from any part of the information gathering, planning, implementation and management of such schemes. This intellectual and physical exclusion has resulted in hostility, distrust and occasionally sabotage. To succeed, many conservation efforts have had to rethink and redesign their activity. The key concept underlying this restructuring is ‘participation’. The term, however, means many things to the various actors involved in conservation research and consultancy and care must be taken to identify its uses and meanings. Looking at recent Syrian government efforts to reintroduce the Arabian oryx into the desert as an example, I examine the major pseudo-scientific assumptions which have underpinned most projects and consultancies in the semi-arid lands of Syria. These positions, I show, have led to an untenable ‘no-win’ situation for the nomadic pastoralists. Finally I examine the way in which an effort to introduce the concept of participation through a series of consultancies has resulted in some encouraging collaboration between the indigenous human population, the conservation experts, the local government technocrats and higher authorities.