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  • Deportation, non-deportability and ideas of membership

    12 December 2013

    The purpose of this paper is to bridge the scholarships on deportation and citizenship and account for the “soft line” between aliens and citizens (Ngai, 2004) epitomised in the current dilemma on deportation enforcement. In particular, this paper explores the extent to which, and why, states are unable to enforce deportation orders and the concurrent creation of new forms of quasi-members of the polity. Building upon the emerging literature on the so-called ‘deportation turn’, whereby countries are seeking to deport an increasingly high number of undocumented migrants to their alleged countries of origin (De Genova and Peutz, 2010), this paper focuses on the constraints that states face in fully implementing deportation and the manner in which they respond to them. This paper suggests that the limited capacity of states to exercise efficaciously their power of coercion, such as deportation, can be understood as a function of the predicament of liberal democratic society.

  • The African Union, the United Nations and civilian protection challenges in Darfur

    12 December 2013

    This paper examines the relationship between the African Union (AU) and the United Nations (UN) in the protection of civilians in armed conflicts. The paper proposes that we can best understand the AU-UN collaboration for civilian protection from a perspective that takes seriously the value of legitimacy for state actors. The benefits of such an approach are illustrated by reference to the AU’s lead role in the Darfur conflict and its African Mission in Sudan. It concludes that since the AU-UN relationship for civilian protection appears to be ‘the only game in town’, and this state of affairs is becoming more institutionalised, it isnecessary that scholars comment on its political effects in terms of the quality of protection provided. The paper draws on a particular understanding of international legitimacy to increase our understanding of how UNSC has executed its responsibility for the maintenance of international peace and security in Africa.

  • Civilian protection in Sri Lanka under threat

    12 December 2013

    The papers by Benson and Fonseka are based on presentations given at the September 2009 conference hosted by the RSC on Protecting People in Conflict and Crisis: Responding to the Challenges of a Changing World. The paper by Satkunanathan was presented in a follow-up roundtable discussion on Post War Future in Sri Lanka hosted by the RSC and the Centre for Research on Inequality, Human Security and Ethnicity. These papers contribute to the debate on humanitarianism and civilian protection. They discuss the contradictions, tensions, ambiguities and dilemmas of UN and international organisations in protecting civilians in times of conflict. Benson describes UNHCR's work on both needs and rights in Sri Lanka during the peace process, particularly with regards to IDPs, at a time when the organisation's mandate was expanding to cover more rights-based protection. Satkunanathan's paper describes the tension faced by the agencies between addressing protection and assistance needs of the displaced population. Finally, Fonseka's paper is a useful summary of the dilemmas and constraints faced by humanitarian workers and NGOs within the post-war situation, and highlights many of the problems faced by activists who are working inside Sri Lanka.

  • The securitization of asylum: protecting UK residents

    12 December 2013

    This paper examines the concept of the securitization of asylum and its potential effects on the human security of the resident population of the United Kingdom. By focusing on the effects of securitization on members of the host community rather than refugees, this paper represents a perspective that has not received a great deal of attention in the existing body of literature. While it is often assumed that security measures are undertaken for the good of the resident population, it is important to note that fear is also a risk that must be taken into account. This paper argues that the association of asylum seekers with terrorism in public discourse in the UK could potentially lead to a decrease, rather than an increase, in the human security of the resident population by exacerbating their fears of both asylum seekers and terrorism.

  • Did 9/11 matter? Securitisation of asylum and migration in the European Union from 1992 to 2008

    12 December 2013

    This paper analyses the effect of 9/11 on securitization of asylum and immigration in the EU from 1992 to 2008 at the supranational level. It explores the assumption that 9/11 did in fact change asylum and immigration policies. Additionally, it offers an interpretation of how asylum and migration in the EU have been securitized, thereby contributing to a better understanding of the process of securitization. Briefly, this paper finds that the escalated securitization manifested both qualitative and quantitative change. For instance, quantitative change is found in political discourse and qualitative change is identified in the establishment of a permanent state of emergency. Finally, given its regional focus, this paper aids the understanding of the integration and supranationalization of asylum and immigration policies within the EU.

  • Prima facie determination of refugee legal status: an overview of its legal foundation

    12 December 2013

    The objective of this paper is to clarify the use of PFRSD in practice and explore its legal foundation. It argues that the term ‘prima facie’ should be understood in refugee law as a shorthand reference to the general law relating to injunctions. That is, ‘prima facie’ is shorthand for a lower standard of proof, rather than a shifted burden of proof. PFRS can therefore be conceived as a quia timet injunction granted, in haste and ex parte, at the discretion of the host State with both prohibitory and mandatory elements. The injunction persists until, but is without prejudice to, RSD that considers exclusion and non-inclusion from Convention protection. The paper finds that this injunctive conception is founded in the Convention, accords with State and UNHCR practice, and clarifies the rights attached to PFRS. The paper ends by suggesting that PFRSD practice beclarified by way of an Executive Committee conclusion.

  • Understanding and addressing the phenomenon of 'child soldiers'

    12 December 2013

    This paper investigates how the well-intentioned global humanitarian discourse on child soldiers may be disregarding the complex local understandings and experiences of military recruitment. It seeks to present a compelling case for a wholesale re-conceptualisation of the phenomenon of ‘child soldiers’ so as to devise aid programmes that can better reflect and respond to local understandings, priorities, and needs. This paper takes on both global and local levels of analysis and draw from a wide array of literature, including those from the fields of human rights, child development, political economy, anthropology, and various policy documents and reports of humanitarian and human rights organisations.

  • Family reunification: a right for forced migrants?

    12 December 2013

    This paper attempts to shed light on some of the core issues surrounding family reunification. In doing so, it examines the family in a forced migration context and engages in a discussion of the nature of the family to identify who is being reunified. Additionally, it looks at family reunification from an international law perspective and asks: Is there an international legal right to family reunification? On what basis does such a right rely? How expansive is it? To explain the reluctance of states to acknowledge reunification rights, this paper also discusses the political aspects of reunification and situates in within the wider context of immigration. Finally, this paper examines alternative approaches to family reunification, to re-centre it within a rights optic.

  • UNHCR as an autonomous organisation: Complex operations and the case of Kosovo

    12 December 2013

    This study takes an analytical and empirical approach to assess how the Office of the United Nations High Commissioner for Refugees (UNHCR) demonstrated organizational autonomy in the face of realpolitik and member state interests. It uses as its case study the one year period (June 1999-June 2000) the organization was part of the United Nations Interim Administration Mission in Kosovo. UNHCR’s role in Kosovo is central to a discussion of international organizational autonomy because it raises questions about the nature and role of humanitarian organisations in state building operations. This paper argues that UNHCR exercised autonomy using three strategies: first, through its utilisation of authority (delegated, moral and expert); second, through exploitation of information asymmetries; and finally, through manipulation of stakeholder incentives and the ability to play stakeholder interests off one another.

  • Salah Sheekh is a refugee: new insights into primary and subsidiary forms of protection

    12 December 2013

    This paper explores the limits of 'subsidiary' or 'complementary' protection, with particular emphasis on how the concept is applied within the European Communities [EC] legal order. Seeking light in obscure places, it argues that recent developments in EC law, as well as the evolving jurisprudence of the European Court of Human Rights, can be construed positively as dispelling confusion between differently motivated claims to international protection. Should ambiguity prevail, however, these developments may well signal the emergence of a regional 'asylum law', calling into question the continuing relevance of the universal legal framework enshrined in the 1951 Convention and its 1967 Protocol.