Refugee Review:
Social Movement
An e-publication of the New Scholars Network
www.refugeereview.wordpress.com
Volume 1, Number 1, September 2013
The opinions and statements found in Refugee Review: Social Movement are solely those of the authors
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Table of Contents
Working Papers: Social Movements
The Paradoxical Power of Precarity: Refugees and Homeland Activism……………... 1
Susan Banki
‘We Didnae Do Anything Great…’ Discursive Strategies for Resisting Detention
and Deportation in Scotland and the North East of England…………………... 20
David Bates and Steve Kirkwood
Refugee Empowerment and Legal Aid ……………………………………………... 31
Christian Pangilinan
Practitioner Reports: Action and Activism
Innovation in Education: Borderless Higher Education for Refugees……………… 44
Allison Magpayo
Adaptation and Modification of Funeral Services for Immigrants and Refugees
in Sherbrooke, Quebec ………………………………………………………………… 49
Javorka Zivanovic Sarenac
Hard Hearts: A Critical Look at Liberal Humanitarianism in Refugee
Support Movements…………………………………………………………………….. 58
Danielle Every and Martha Augoustinos
Comparing Racist Colonial Discourse in the Tamil Canadian Protests
and the Idle No More Movement………………………………………………………. 65
Harini Sivalingam
In Conversation
Discussion Series Volume 1: How, Why, and With Whom?. ……………………………………………. 74 Amna Arabi, Danielle J. Grigsby, Edward Ou Jin Lee, Guiomar Acevedo López, Allison Magpayo, Andrea Pacheco Pacífico, Kataryna Patsak, Oana Petrica, Martina Vodikcova, Brittany Lauren Wheeler Volume 2: How Has Refugee Law Become Politicized? ……………………………... 84 Yukari Ando, Bríd Ní Ghráinne, Hillary Mellinger, Harini Sivalingam
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Interviews Migration and the Social Order………………………………………………………... 92 Ian Williams
Forced Migration Issues in the European Union……………………………………….. 102 Adriano Silvestri
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Editorial Statement
Refugee Review: (Social) Movement . Vol. 1 No.1 . September 2013
e welcome readers to the e-publication of the New Scholars Network's inaugural issue
of the Refugee Review journal. This open-source, peer-reviewed journal—based at no
particular institution and tied to no particular location—is the product of collaboration
between a growing and global group of new scholars, practitioners, policymakers, and activists
in the field of forced migration and refugee studies. We are proud not only to introduce practice
and theory being undertaken and considered in this field, but to do so in a way that is fully
supportive of shared knowledge production.
The creation of this journal was a labor of love—not because there is pleasure to be taken in a
field of work and study that exists in part due to the many injustices found within the human
experience, but because the work surrounding forced migration is in large part being performed
by persons like the contributors found here, who seek to understand how to proceed with ethical,
equitable, and appropriate actions. And they seek to know others who are doing the same.
This journal is a publication that is important to us, but its power and purpose is not to be found
in the mere fact that it has been published online. It was published because migrants need
improved methods for caring for and interring their dead (see Sarenac), because better theory and
practice is needed as nation states make decisions that weigh national security and the provision
of a safe haven of asylum (see Every and Mellinger), and because durable solutions need to
address the populations they actually seek to—and acknowledge the way these populations
engage in activism (see Banki). It was published because legal aid is expanding to be more than
legal aid (see Pangilinan), because activists are sometimes neighbors who witness asylum
seekers being removed from their homes in the early morning (see Bates and Kirkwood) and
because there are wide-ranging and systematic global structures that affect migration and
migration politics (see Williams). It was published because language (see Sivalingam, Bates and
Kirkwood), economics (see Ghráinne), the interpretation of statistics (see Ando), and access to
higher education (see Magpayo) are important to refugees and all those that work with them.
Social activism, and the thinking behind it, is present in each of the following contributions to
this journal. Our inaugural journal is about ‘social movements’ because people move, and their
agency moves with them. Our journal is committed to representing various types of writing, and
we believe this varied work helps us in carrying out our mission to foster the professional
development of new scholars and advance research in the field of forced migration.
It can be difficult for new scholars to find a place for their ideas, or to feel the confidence to
share them. Likewise, it can be difficult to engage with more established scholars, some of whom
have also contributed to the publication of this journal. For these reasons, we hope this
multidisciplinary compilation will resonate widely with new scholars and we look forward to
you telling us what is next as we continue these discussions.
The New Scholars Network Executive Committee Brittany Lauren Wheeler, Petra Molnar Diop and Oana Petrica
W
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Acknowledgements
The New Scholars Network would especially like to thank the following individuals and groups:
Contributors
Yukari Ando
Amna Arabi
Martha Augostinos
Susan Banki
David Bates
Petra Molnar Diop
Don Dippo
Danielle Every
Bríd Ní Ghráinne
Wenona Giles
Danielle Grigsby
Steve Kirkwood
Guiomar Acevedo López
Allison Magpayo
Hillary Mellinger
Kataryna Patsak
Oana Petrica
Edward Ou Jin Lee
Andrea Pacheco Pacífico
Christian Pangilinan
Javorka Zivanovic Sarenac
Adriano Silvestri
Harini Sivalingam
Martina Vodikcova
Brittany Lauren Wheeler
Ian Williams
Editors and Peer Reviewers
Petra Molnar Diop
Danielle Grigsby
Abetha Mahalingam
Oana Petrica
Kimberly Veller
Brittany Lauren Wheeler
Ian Williams
Jennisha Indria Wilson
Supporters
Negin Dahya
The International Association for the Study
of Forced Migration (IASFM)
Susan McGrath
Michele Millard
Paula Popovici
The Refugee Research Network (RRN)
The Social Sciences and Humanities
Research Council (SSHRC)
Aditi Surie von Czechowski
The New Scholars Network would particularly like to thank the Refugee Research Network and the funding support it has received through the related SSHRC Strategic Research Clusters Grant. This
funding has allowed members of the Executive Committee of the New Scholars Network to travel several times to meet with one another and to liaise with others in the field, at conferences such as the Canadian
Association for Refugee and Forced Migration Studies (CARFMS) and the International Association for
the Study or Forced Migration (IASFM). This funding has also allowed the NSN to provide several
research assistantships to York University students, which have aided a number of New Scholars Network
initiatives.
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The Paradoxical Power of Precarity: Refugees and Homeland Activism
SUSAN BANKI*
ABSTRACT
This paper offers a theoretical treatment of the argument that refugees who live in situations of
varying precarity are uniquely positioned for transnational political action focused on reforming
the home country from which they have fled. The paper undertakes four tasks. First, it explores
classical social movement concepts to explain mobilisation of the refugee population. Second, it
offers a typological and theoretical treatment of refugee transnational space, arguing that current
typologies fail to capture the nuance of refugee transnational sites. Third, it develops a concept of
refugee precarity as an alternate model for understanding transnational political space. Fourth,
the paper hypothesizes as to the relationship between precarity and various elements of
mobilisation. The paper suggests that precarity and mobilisation are correlated, indicating the
paradoxical power of precarity for refugee activists. It concludes with implications for both
researchers and policymakers.
KEY WORDS
Homeland activism; political transnationalism; refugee transnationalism; refugee social
movements; refugee precarity
* Susan Banki’s research interests lie in the political, institutional, and legal contexts that explain the roots of and
solutions to international human rights violations. In particular, she is interested in the ways that questions of
sovereignty, citizenship/membership and humanitarian principles have shaped our understanding of and reactions to
various transnational phenomena, such as the international human rights regime, international migration and the
provision of international aid. Susan’s focus is in the Asia-Pacific region, where she has conducted extensive field
research in Thailand, Nepal, Bangladesh and Japan on refugee/migrant protection, statelessness and border control.
She is currently investigating the local, regional and international mechanisms (and the interactions between them)
that serve as potential levers for change.
Susan is the recipient of a multi-year Discovery Early Career Research Award funded by the Australian Research
Council, studying transnational activism among refugee populations. She has also won numerous prizes for her teaching, in her Faculty (2012), at the University (2013), and nationally (2013).
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INTRODUCTION
Refugees flee their home countries to escape war and/or ethnic conflict, to seek refuge from
human rights violations, or to locate adequate socio-political conditions away from persecution
and generalised violence. In cases where the home state fails in its duty to protect and/or
becomes a threat to people seeking refuge, discontent with home government policies often leads
to refugee participation in collective action aimed at reforming the home country, referred to
henceforth as homeland activism. These activities, which may include transborder investigations,
activating media interest, implementing human rights education, and lobbying regional and
international bodies, are clearly transnational in scope. However, the character of the
transnational field where refugee activists engage has been theorised poorly.1
This paper draws from social movement theory and the migration literature to offer the
foundations of a theoretical argument for the role that refugees play in homeland activism.
Specifically, this paper utilises the notion of precarity and the precariat to argue that refugees
who experience varying levels of precarity are uniquely positioned for transnational political
action focused on reforming the home country from which they have fled. The paper undertakes
four tasks. First, it places refugee activism squarely in the discipline of sociology by using
classical social movement concepts to explain mobilisation of the refugee population. Second, it
offers a typological and theoretical treatment of refugee transnational space, arguing that current
typologies fail to capture the nuance of refugee transnational sites. Third, it develops a concept of
refugee precarity as an alternate model for understanding transnational political space. Fourth,
the paper hypothesizes as to the relationship between precarity and various elements of
mobilisation. The paper suggests that precarity and mobilisation are correlated, indicating the
paradoxical power of precarity for refugee activists. It concludes with implications for both
researchers and policymakers.
SOCIAL MOVEMENTS: FROM NATIONAL TO TRANSNATIONAL
There is an ample and well-cited literature that examines activities focused on undermining a
government or advocating changes in home government policies. Charles Tilly identified this as
a ‘national social movement’ – a ‘constituency lacking formal representation… that make(s)
publicly-visible demands for changes in the distribution or exercise of power… against people
who run a national state’ (Tilly 1982, 26). What triggers these constituencies (Maney, 2000;
McAdam, Tarrow et al., 2001), how they mobilise (McAdam, 1996; McAdam, Tarrow et al.,
2001), the means by which they develop their messages (Snow, Benford et al., 1992; Gamson
and Meyer, 1996), and the resources they require to do so (McCarthy and Zald, 1977; Edwards
and McCarthy, 2004; Bob, 2005) have fed into a significant literature on social movements.
Early works examined traditional movements such as the civil rights and women’s movements.
New rights advocacy has expanded that field to include broader economic, social, and cultural
rights which may or may not be global in character (Nelson and Dorsey, 2008).
1 Readers will be familiar with the difficulties associated with defining refugees. For the purposes of this paper, a
broad view is taken, encompassing all forms of forced migrants, including Convention Refugees, trafficked persons,
and migrants whose motivations stem from an absence of ‘positive original motivations’ (Kunz, 1973, p. 130).
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A significant body of work has also developed around the dynamics that facilitate political
mobilisation. Scholars have categorised the ‘political opportunity structures’ (POS) available to
collective actors in analyses of a variety of issues, including the anti-nuclear movement
(Kitschelt, 1986), the women’s movement (Costain, 1992) and the labour movement (Caraway,
2006). However, the POS literature has been critiqued for its overly broad scope (Gamson and
Meyer, 1996; Goodwin and Jasper, 2004) and for its inability to explain why variations in culture
and mentality among actors produce different mobilisation outcomes (Tapscott, 2010; Choe and
Kim, 2012). Despite this, POS as a concept holds enduring appeal because, in its best-expressed
form, it notes the dynamic inter-relationship between collective actors and structural factors at
the local, national, and international levels. That is, a comprehensive understanding of POS
recognises the iterative nature of agents and structures responding dynamically to one another
(Koopmans, 2005).
Nowhere is this iterative dynamism more salient than in the case of refugee homeland activists.
These refugees, who wish to reform their homeland, reside by definition outside the state that
they want to change, thus imparting a transnational character to their actions. The literature on
social movements has now recognised the significant role of transnational activism in shaping
the mechanisms and messages of political mobilisation (Smith, Chatfield et al., 1997; Keck and
Sikkink, 1998; della Porta and Tarrow, 2005; Tarrow, 2005). Implicitly, transnational research
acknowledges the role of actors located outside the state where change is desired. Thus studies of
‘diaspora politics’ (Shain, 1999), ‘exile politics’ (Wahlbeck, 2002) and ‘homeland politics’
(Ostergaard-Nielsen, 2003) all focus on the ways that external actors mobilise for change back
‘home.’
The literature points to several ‘mobilisation elements’ (the author’s term) – i.e., factors that
contribute to heightened homeland activism, both directly and indirectly. Individual and
collective motivation on the part of activists is a virtual precondition for participation, whether
that motivation is driven by social justice goals, personal financial gain, desire for recognition, or
a search for identity (Melucci, 1996; Noakes and Johnston, 2005). Keck and Sikkink (1998) note
the critical value of information politics, in which local actors have the ability to share specific
facts, stories, and testimony about the troubles and human rights violations at home. Access to
resources, such as cash, credit, technology, and communications equipment is the premise of
resource mobilisation theory (for example, McCarthy and Zald, 1977; Hammond, 1993; Edwards
and McCarthy, 2004). Later iterations of resource mobilisation emphasize the importance of
access to media and other gatekeepers who can leverage home country troubles (Bob, 2005). An
entire subliterature has developed around the ways in which activists can use international
institutions to promote reform in their home countries (Slaughter and Crisp, 2008; Simmons,
2009). These bolded mobilisation elements will be taken up later in the article as we develop a
model for transnational political mobilisation, specifically as it relates to refugee actors.
TROUBLED TYPOLOGIES
How is transnational political mobilisation currently understood and how can we supplement
current understandings? Transnationalism by definition describes activities that function across
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borders, and this feature, it is argued here, has led to an overemphasis on the importance of
geography, and particularly the country where the transnational actor resides. But transnational
politics also must recognise structural, economic, political, legal, and identity differences among
transnational actors in order to understand the means and modes of political action. As this
section demonstrates, the frameworks currently available to describe transnational political
mobilisation are insufficient to capture these complex differences. What follows is a review of
the ‘troubled typologies’ that currently exist and, in response, the construction of a new model of
transnational political space based on criteria that go beyond geography.
The Home-Diaspora Dichotomy
The first way that transnational political space has been understood is to view the home-diaspora
connection as a spatial dichotomy, consigning ‘homeland’ and ‘diaspora’ to two poles and
identifying political actions that cross this divide as transnational. This understanding emerges
from a longstanding approach in diaspora studies that tends to theorise the diaspora as a
homogenous unit, and differentiate diasporas based not on the countries to which they have
emigrated, but based on where they have departed: the homeland. For example, Brubaker’s
otherwise excellent review of the diaspora literature lists the diasporas by their origins: Jews,
Greeks, Nigerians, Chinese, for example, failing to note the places they have arrived (Brubaker,
2005, p. 2). The nuance of politics played out in different diaspora countries is thus lost.
The Durable Solutions Typology
The second way that transnational political space may be understood differentiates among
different diaspora countries, and comes specifically from the refugee literature. This typology
has been promulgated by the Office of the UN High Commissioner for Refugees (UNHCR). The
conception offered by the UNHCR divides international responses to refugee situations into three
possible ‘durable solutions’: return (repatriation) to the home country; local integration in the
‘neighbouring country of refuge (NCR)’2; or resettlement to a country of the Global North
2 “Neighbouring country of refuge (NCR)’ is the author’s term and is suggested as a replacement in the literature for
the previously used ‘country of first asylum.’ The term ‘country of first asylum’ is inaccurate because very often the
country in question is not the ‘first’ to which refugees flee, nor are refugees able to apply for asylum there. NCR
Transnational Political Space
Home
Diaspora
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(Gordenker, 1987; Keely, 2001). While this model has been problematised by many scholars
(Loescher, 1989; Van Hear, 2006), its flaws bear repeating because they have so strongly
impacted our current understanding of refugee action.
Transnational Political Space
HomeCountry
Country of first asylum/local integration
ResettlementCountry
The most problematic element of the durable solutions typology is the one committed by
omission, i.e., that the three durable solutions fail to describe the experience of the vast majority
of refugees in the world today. A conservative estimate of refugee figures reveals that of 25.2
million refugees protected globally by UNHCR in 2010, about 198,000 (0.8%) returned to their
home countries and about 108,000 (0.4%) resettled to a country in the Global North (UNHCR,
2010, p. 2). Whether the third solution, local integration, is defined by a durable legal status, as
was assumed by early UNHCR texts, or in terms of adaptation (i.e, the ability to integrate,
assimilate, or acculturate) (Kuhlman, 1991), the vast majority of refugees cannot be said to have
locally integrated. Thus, the great majority of refugees, and the transnational sphere in which
they operate, are unnamed in UNHCR’s durable solutions.
The durable solutions typology also suggests that we understand refugee diaspora populations
based on their geographical locations. For logistical and administrative reasons, this is practical:
distribution of aid and allocation of staff, for example, necessitate a division of UNHCR area
bureaus by continent.3 Furthermore, the division is accepted conceptually, as both migration and
geography scholars agree that viewing transnationalism through spatial or ‘place’ lenses is useful
(for example, Forrest, Paulsen et al., 2006; Gielis, 2009). Empirically, however, geography, and
particularly country-specific information, is not sufficient to underscore the similarities and
differences that inform sites of transnational activism. Countries that are geographically close
vary in many ways relevant to homeland activism, such as having different opportunities for
better describes the ‘not homeland/not resettlement country’ geographic space without making assumptions about its
precarity. (It may seem paradoxical that an article that argues for a non-geographical understanding of refugee
situations would also include an argument for a better geographical definition, but precision in one topical area can
only lead to precision in others.) While ‘protracted refugee situations’ and ‘warehoused refugees’ have also been
used to describe NCRs where refugees live, these are problematic for reasons listed later. NCR effectively describes
those initial and intermediate places to which refugees flee once they cross a border, and should thus gain traction in
the literature. 3 See Bureaux box in UNHCR’s organizational chart (bottom right), http://www.unhcr.org/pages/49c3646c98.html
(accessed 31 May 2012).
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assembly, communication, and mobility of all kinds, as well as different levels of access to
policymakers and the international human rights regime.
The Pentatonic Model
Underscoring the need to understand the differences in opportunities listed above, Faist observed
that “physical location and geographical distance are not the only grid upon which migrants map
collective political action, cultural codes, and economic cooperation” (2000, p. 197). Faist
instead suggests a pentatonic model of transnational social space that incorporates government
and civil society actors: transnational migrants and refugees; the government of the immigration
state; civil society organisations in the country of immigration; the rulers of the country of
emigration; and civil society groups in the emigration state.
Transnational Social Space (based on Faist 2000)
Immigration State Government
Transnational migrants and refugees
Civil Society in the Immigration State
Civil Society in the Home State
Home State Rulers
Faist’s five-node model usefully eschews country-specific geography in considering the possible
actors who occupy transnational space, and it rightly notes that juridical and political regulations
inform how and when these actors may operate (2000, p. 213). This is important because it
acknowledges the formal channels that permit actors to communicate, transport themselves, and
exchange a host of resources such as funds, goods, and information. However, this model
neglects to incorporate the informal, clandestine, and unregulated activities through which
political transnational actors, and refugees in particular, may attempt to achieve their polit ical
aims.
This paper suggests that a model of transnational political space built around a continuum of
precarity more effectively captures how refugees (as transnational actors) engage in homeland
activism.
THE CONDITION OF PRECARITY AMONG REFUGEES4
4 This paper uses the words ‘precarious’ and ‘imprecarious’ as the adjective forms of precarity and imprecarity. The
existential use of ‘precarious’ by Butler (2006) is not the subject of this work.
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The theme of precarity has emerged in recent years to describe the precariat ‘class-in-the-
making’, comprising both working class and highly skilled workers unable to obtain regular
employment (Standing, 2012, p. 588). The term has since expanded beyond economic
conditions, becoming a ‘rallying call and connecting device for struggles surrounding
citizenship, labour rights, the social wage, and migration’ (Neilson and Rossiter, 2005, n.p.). This
same precarity is of course easily applicable to refugee and migrant situations; indeed, the
concept of insecurity runs so strongly through the corpus of refugee and migration literature that
it is difficult to contain. It is often linked to legality (Guarnizo, Portes et al., 2003; Eberle and
Holliday, 2011; Goldring and Landolt, 2011), but is also found in numerous contexts in which
unofficial arrangements provide the backdrop for varying levels of security and protection for
refugee and migrant populations (see, for example, Grundy-Warr and Wong, 2002, p. 111; Brees,
2010).
Three recent attempts made within the refugee literature aim to better define situations of
precarity, although not by this name. The first is the concept of ‘warehousing,’ which in its initial
inception noted the ways in which ‘refugees are denied the right to integrate in the asylum state,
yet are unlikely to be restored to meaningful membership in their home community’ (Hathaway
and Neve, 1997, p. 131). Later the concept was adopted and promoted by the advocacy
organisation US Committee for Refugees and Immigrants (USCRI). USCRI linked the concept
to the rights set out in the 1951 Convention Relating to the Status of Refugees (UN, 1951). For
example, following Articles 26 and 17 in the Refugee Convention, refugees who are warehoused
are unable to exercise internationally recognised rights such as the freedom of movement and the
freedom to work (Chen, 2005). The concept of warehousing, linked as it is to both integration
and legal mechanisms, offers a constructive foundation for understanding precarity, and it is used
widely among advocates, political commentators, and policy evaluators (Crisp, 2004; Ruiz and
Berg, 2005; Chandrasekharan 2006). The term has not been used significantly in academia,
possibly because it seems to connote that refugees are dispossessed of their agency concerning
their circumstances. USCRI material on warehousing (particularly their World Refugee Survey
reports from 2005 to 2009, which regrettably have not been produced since 2009) noted not only
the legal gaps in domestic legislation that protected or limited international rights to work and
move, but also graded countries based on the actual ability of refugees to access these rights
(USCRI, 2005; USCRI, 2006; USCRI, 2007; USCRI, 2008; USCRI, 2009; USCRI, 2009).
A second way in which precarity has come to be understood is through the label of ‘protracted
refugee situations’ (PRS). PRS are defined as situations where refugees have lived ‘5 years or
more after their initial displacement, without immediate prospects for implementation of durable
solutions’ (UNHCR, 2009, p. 3). The literature notes many factors that explain the complexity of
PRS, including international strategic priorities that treat refugees as political pawns (Loescher,
Milner et al., 2008), social identity conflicts (Adelman, 2008) and/or economic inequality
(Castles, 2010). PRS are not technically defined by their location, although the populations who
experience PRS reside almost exclusively in the Global South. Today, two-thirds of the entirety
of the global refugee population reside in protracted refugee situations, conditions that describes
precarity in the geographic, legal, temporal, and identity-related realms for the individuals who
remain therein. The number of refugees worldwide in PRS is currently estimated at 7.1 million in
26 different countries (UNHCR, 2011, p. 2).
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A third way in which refugees are understood to be precarious (or in precarious situations, used
interchangeably hereafter) is through the social forces that guide their lives. Here, social
networks play a key role, although whether their absence or presence contributes to precarity can
depend on the nature of the network. It has been argued that migrant networks can help to
minimize the risk of precarity (Massey, Arango et al., 1993) or equally that they can contribute to
processes of exclusion (Zelizer, 2002). While precarity related to social status is in no way
unique to refugee populations, the difficulties refugees face in navigating new social codes and
cultural norms may compound other forms of precarity. These difficulties, stemming from
informal and extralegal sources, suggest that elements such as family power relations, religious
traditions, and gender mores in refugee communities should be better incorporated into a notion
of precarity. For example, work that examines the particular vulnerabilities of refugee women
notes both the legal and social restrictions to which refugee women are exposed (Pittaway,
2005).
The preceding paragraphs note the ways in which refugees have been conceptualised in terms of
their precarity, and this paper concludes that none of these approaches offer a comprehensive
definition suitable for refugee precarity. Therefore the definition of precarity offered below takes
into account legal restrictions, as does Goldring and Landolt’s (2011), and then builds on Neilson
and Rossiter’s (2005) extension of the term to encompass elements outside the workplace.
Finally, it acknowledges that social networks are a key but unpredictable variable.
Thus, in this paper precarity is defined as:
‘Forms of vulnerability and impediments to security and stability that stem from both
formal (legal, political) and informal (social, cultural) processes.’5
Quite deliberately, the term ‘permanence’, with its temporal implications, has been discarded.
Similarly the term ‘security’ is insufficient to serve as a pole against which to compare precarity
lest the concept be confused with ‘human security,’ whose focus on overcoming individual
deprivation and poverty suggests a developmental, rather than society-focused model.
LEVELS OF PRECARITY
Four ideal types are suggested in the application of precarity to refugee situations, on a
continuum of low levels of precarity to high. The definitions below will indicate that refugees in
each category are not defined exclusively by their geographical location, and certainly not by the
country in which they reside. Depending on the availability of documentation, informal networks
and social protection, refugees with varying precarity levels can be found in the same countries,
or even the same regions. Thus these four ideal types suggest a model of homeland activism
centred not exclusively around geography, but around the precarity of its participants/activists.
Low precarity is characterised by formal legal and permanent status, generally through gaining
access to citizenship, most commonly in resettlement countries but also when integrated into
5 Imprecarity is defined as precarity’s opposite: the formal processes and informal arrangements that permit security
and stability
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NCRs. Mid precarity describes a situation of security where the means of assuring refugees’
ability to reside, move, and transact openly are informal and/or temporary. Refugees in a
situation of mid-precarity are those with temporary security, either through documentation or
access to effective social networks. Mid precarity can occur in any country where temporary
security is a possibility, including both countries of the Global North and Global South, and both
urban and rural areas. High precarity is characterised by a limited ability to reside, move, and
transact openly, where refugees are in a state of vulnerability, but with some measure of
protection through either local or international agencies. The clearest example of refugees in
situations of high precarity are registered camp refugees, but urban refugees with no
documentation and limited social protection may fall into this category as well. Extreme
precarity describes a situation in which refugees are extremely insecure and have access to
neither documentation nor effective networks, such as unregistered camp populations or
undocumented urban refugees with no identification or networks. Undocumented migrants in
countries of the Global North also fit into this category.
These definitions immediately bring two points to the fore: first, while certain spaces have been
identified as being more likely to host populations of specific levels of precarity, the place of
residence, and particularly the country of residence, is not a sufficient factor to predict precarity
levels. Second, in reality, shades of precarity would locate many refugees who would fall in the
grey zones between these four types, or would appear to fall into more than one category. In
particular, differentiating between mid and high precarity levels may prove difficult for some
populations. Nevertheless, this model is valuable because it allows for the identification of
important criteria in thinking about precarity and permits us to infer patterns between precarity
and homeland activism, a topic to which we now turn.
PRECARITY AND POLITICAL MOBILISATION
Evidence demonstrating the relationship between precarity and political mobilisation has both
theoretical and empirical sources and reveals some ambiguity about the strength and direction of
the relationship: is there a correlation at all, and if so, is it positive or negative? The more
common claim asserts that precarity as expressed through the absence of political opportunity
structures (what we might call political constraint dynamics) discourages political mobilisation.
This, it is argued, is because precarious actors do not have the status to take advantage of
structures such as electoral rights and access to lawmakers, or other common elements that
scholars cite as a basis for political action (Guarnizo, Portes et al., 2003; Smith and Bakker,
2008; Inclan, 2009). Much empirical data supports this claim, in particular evidence that points
to the precarity and immobilisation of undocumented migrants in countries such as Japan (Sellek,
1994), Canada (Goldring and Landolt, 2011), and Thailand (Eberle and Holliday, 2011).
Yet it is also noted that precarity and its associated discontent provides the motivation for
collective action (Tilly, 1978; Burgerman, 2001; Tarrow, 2005). While the value of applying a
political opportunity structure model to precarious migrant populations has been questioned
(Ostergaard-Nielsen, 2001), the empirical evidence nevertheless points to repeated situations in
which political dissent and precarity are not only correlated but causally linked. For example,
migrants in Calais advocate for open borders (Millner, 2011) and female migrants in the UK
Refugee Review: Social Movement Volume 1, September 2013 E-Journal
10
advocate for informal roles as advisors to local councils (Sales, 2002) precisely because their
situations are precarious.
At the heart of the resolution of these two competing claims is the heterogeneity of both
collective actors and their repertoires of contention. Just as Hammar (1990), Soysal (1994) and
Faist (1995) differentiate between varying types of citizenship that accord rights of a different
nature to denizens and social citizens, it can also be argued that variance in precarity plays a role
in mobilisation outcomes: there is no single precariat, and political mobilisation has many root
factors. In addition, the kinds of mobilisation, as suggested by Brees (2010) are likely to vary,
and the level of precarity (as described below) can feed into that variance. Thus activists with
varying levels of precarity have different motivations and potential for political mobilisation, and
political structures utilised by imprecarious collective actors may take a back seat to other
repertoires of contention such as, for example, clandestine data gathering.
ELEMENTS OF MOBILISATION AND LEVELS OF PRECARITY
Let us now return to the aforementioned elements that engender mobilisation (motivation,
information, resources, media, and international institutions) and the four ideal types of precarity
(low, mid, high, extreme). In the following section, each mobilisation element is examined, and
hypotheses are offered with respect to the relationship between precarity of refugee populations
specifically, and each mobilisation element. The comparisons here between precarity levels
indicate the outcomes with respect to one another. That is, if the model indicates that low
precarity refugees have ‘high’ access to resources, this does not mean that all low precarity
refugees are wealthy. It only means that they have greater access to resources as compared to
high precarity refugees. Examples are provided where possible, and sources of evidence are
suggested that could be utilised to test the direction of these hypotheses in the future.
Motivation to participate in homeland activism is likely to be affected by precarity levels. On
the one hand, those experiencing extreme precarity may see their home country as a liability and
choose to eschew homeland activism. On the other hand, they may have the most to gain from
improvements at home, and recognise that reforms in the home country are the only way out of
their situations of precarity. While motivation is an individual choice, this paper hypothesizes
that the latter argument holds greater sway: motivation is hypothesized to be at its highest level
among the most precarious refugee populations, and decreases as precarity decreases. While this
hypothesis may be tempered by ‘extreme deprivation’ as noted by Eberle and Halliday (2011, p.
375), the power of collective political activist identity is strong among refugee populations, as
exemplified by O’Kane’s examination of Burmese activist-refugees whose motivations to expose
their own political trauma and that of their compatriots is deeply embedded in their
deterritorialised identities (2007). The strength of their motivation is amplified by the fact that
they do not have a homeland where they can escape that identity or choose another. Sources of
evidence that could confirm or reject this hypothesis include comparative interviews, focus
groups, or surveys of refugees from each category that inquire about motivation.
The ability to collect information about home country troubles or violations is of course related
to motivation in some instances, as knowledge about human rights violations in a homeland may
Refugee Review: Social Movement Volume 1, September 2013 E-Journal
11
spur political mobilisation. But access to information also offers the opportunity for gathering
raw testimony, once motivation is present, which provides a critical tool in homeland activists’
arsenal (Keck and Sikkink, 1998). It is hypothesized here that physical proximity to the
homeland helps to facilitate the gathering of testimonial information directly and quickly,
because such information is exchanged by those who are physically able to hear it and record it
in person. Yet the ability to access information does not follow a linear precarity pattern. Those
most likely to have physical and networked proximity to the homeland are those refugees who
have most recently fled or, lacking any documentation, move back and forth across the homeland
border because they have less to lose, i.e., those in the extreme precarity category. The other
category with excellent access to information is that of mid-precarity, where persons can move
and transact with relative ease. Conversely, low and high precarity refugees are likely to have
less access to testimonial information. Low precarity populations can generally travel anywhere
but home, and high precarity refugees (such as those in camps) jeopardize risking the little
protection they have if they cross borders.
An example of the relationship between information and precarity comes from the Tibetan
diaspora, where, it has been noted, those in India (in situations of mid precarity) collect
testimonials of ex-political prisoners (often, having just arrived, in situations of extreme
precarity) (Houston and Wright, 2003). Sources of evidence that could confirm or reject this
hypothesis include grey literature that critiques the homeland, and the identification of the
precarity levels of those who write and source that grey literature.
Access to resources among differentiated precarity levels varies according to the type of
resource. Two types of resources are discussed here as a starting point. The first is financial
resources, which is at the core of resource mobilisation theory, and simply states that money
allows mobilisers a better chance to carry out their tasks. It is hypothesized that refugees with the
greatest access to money to spend on activism are not, as might be expected, those in situations
of low precarity. This is because their disposable income is reduced under the assumption that
once in a permanent situation, a large percentage of money is spent on housing, health,
education, and savings. (In some resettlement countries, the post-arrival stage allows a short-
term mitigation of the requirement to pay bills, but the pressure is significant to become
economically self-sufficient quickly). Rather, those in situations of mid precarity are
hypothesized to have the most disposable income in the short- to-intermediate term, with
networks and informal sources allowing the ability to earn income, and fewer expense
requirements, while those in situations of extreme precarity must use what little resources they
have to secure protection. One method for confirming this hypothesis would be a survey that
determines disposable income of populations of varying precarity.
The second resource considered is access to technology, examined here because of increasing
claims in the transnational and social movement literatures about its importance (see, for
example, McGahan, 2010). One can hypothesize that the best access to technology could provide
the fastest internet speeds and the best computer programs to build websites, for instance.
Technology is hypothesized to be conversely related to levels of precarity, based on the
assumption that the best technology requires stability and permanance (a home phone and
internet connection, with an annual plan, for example). Thus, those with the lowest precarity
have the best access to technology while those in situations of high and extreme precarity have
Refugee Review: Social Movement Volume 1, September 2013 E-Journal
12
the least access.6 Sources of evidence that could confirm or reject this hypothesis include budget
line items from funding bodies and comparative interviews, focus groups, or surveys of refugees
from each category.
It is hypothesized that those in situations of low precarity have the most difficulty in accessing
media and reporters, despite the fact that they may live in countries from which international
media outlets operate. Conversely, refugees in situations of mid and high precarity are more
likely to access the media, because they are secure enough to meet reporters, and reporters are
more likely to want to interview them and use their stories as they represent the problems
emanating from the homeland. A fine example of this is a recent article published in the New
York Times by a Bhutanese refugee who wrote his opinion piece while living in a refugee camp
in Nepal. Despite the fact that over 60,000 Bhutanese refugees now live in situations of low
precarity in countries of resettlement, (out of a total population of 110,000 displaced from
Bhutan) the New York Times chose to air the voice of a refugee whose immediate situation
suggested both precarity and proximity to the source of the conflict (Mishra, 2013). Thus it is
suggested that mid and high precarity refugees have the highest access to media because, over
time, reporters begin to rely on them in the field for stories and contacts. Sources of evidence
that could confirm or reject this hypothesis include a comparative examination of media sources,
and interviews, focus groups, or surveys of reporters.
International institutions are of course highly relevant to the study of transnational political
mobilisation because they are the gateway through which local claims are made known in the
international arena. The ability of refugee populations to access international institutions is very
much dependent on their precarity levels, but this mobilisation element requires further
disaggregation. First, there are refugees who are in close contact with international aid
agencies, relevant because most have their own advocacy and lobbying arms or branches. One
example is the International Rescue Committee (IRC), which engages in advocacy as well as
humanitarian aid and development. International aid agencies are clearly most easily accessed by
refugees who are the recipients of their aid, and by definition these are defined as high precarity
refugees. Those in the extreme precarity category, i.e. unregistered refugees, are less likely to
have access to aid, although this may vary from situation to situation. Similarly, low precarity
refugees are not aided by international aid agencies, although in the early stages of resettlement,
this may be a grey zone; the IRC, for example, assists both refugees in camps and those in the
early stages of resettlement in the United States. Despite the fact that refugees of different
precarity levels receive assistance from the same organisation, within the IRC these are very
different branches whose substantive and administrative work rarely, if ever, overlap.
The second category within international institutions is regional and international meetings of
these institutions, relevant for the obvious reason that international/regional policy is made and
lobbying is performed at these levels. Examples include the meetings that take place at the
United Nations, such as the Universal Periodic Review at the Human Rights Council or the NGO
consultations at the Executive Committee of UNHCR. This category likely requires further
disaggregation depending on the meetings, but it is important to note that it is not only those of
the lowest precarity that are able to attend; mid precarity refugees find ways to travel to regional
6 An alternate hypothesis might suggest that geography plays a larger role in determining technology access than
precarity, because cities and countries either have the infrastructure to support technology, or they don’t.
Refugee Review: Social Movement Volume 1, September 2013 E-Journal
13
and international meetings. These meetings are, however, out of reach for the extremely
precarious. Sources of evidence that could confirm or reject this hypothesis include interviews,
focus groups, or surveys of aid workers and international officials.
Table 1 summarises the above discussion, and also indicates by colouring where the highest
levels of mobilisation are hypothesized to be found. The areas of darkest shading indicate the
highest levels of mobilisation, while the lightest shading indicates the least likely performance of
particular mobilisation elements. The table offers two suggestions. First, the elements of
mobilisation are spread out among various members of the refugee population. That is, no one
precarity group (i.e., resettled refugees, or those in camps) has the best access to the entire suite
of tools available to advocates. Second, the table demonstrates that in many cases, high levels of
mobilisation align with refugees in situations of mid, high, and extreme precarity.
Refugee Review: Social Movement Volume 1, September 2013 E-Journal
14
Table 1: Precarity Levels and Mobilisation Elements
Low Precarity
(formal
permanent legal status)
Mid Precarity
(temporary
security with informal means of
assuring ability to
reside/transact/ move)
High Precarity
(limited ability to reside/transact/
move)
Extreme Precarity
(extremely insecure; unregistered
populations with no
access to longstanding effective networks)
Possible locations for precarity level
Any country where
permanent
security is
assured; most likely in
resettlement
countries
Neighbouring countries of
refuge, likely in
urban areas, or
countries of the Global North or
transit countries
while the refugee has temporarily
secure status
Refugee camps where persons are
registered but
have no other
permissions
Unregistered camps or urban locations where
populations are
undocumented or have
no identification
Motivation to focus
on homeland activism
Low Medium Medium High
Access to first-hand
information about HR violations in
home country
Low High Medium High
Access to money to
spend on homeland
activism
Medium High Medium Low
Access to technology
High Medium Low Low
Connections to
reporters in media Low High High Medium
Access to international aid
agencies
Low Medium High Low
Access to regional
and international meetings (i.e.,
regional hegemons,
UN)
High High Low Low
Table 1 indicates the power of precarity for refugees engaged in homeland activism. Particularly
for those who have not resettled and obtained permanent secure residence/citizenship, the
varying situations of precarity in which refugees live, work and transact inform their motivation
and ability to press for reform at home.
Refugee Review: Social Movement Volume 1, September 2013 E-Journal
15
CONCLUSION
As a starting point for understanding the modes and mechanisms of homeland activism as
practiced by refugees, this paper has proposed a mobilisation model centred on refugee precarity.
It has suggested four ideal levels of precarity that are not exclusively related to geography. Seven
elements of mobilisation have been drawn from the social movement literature, and these have
been compared to refugee precarity levels. A positive relationship between precarity and
homeland activism has been hypothesized, and sources of evidence, both primary and secondary,
have been suggested to test these hypotheses in the future.
This paper has implications for the current debate about the relationship between precarity and
immobilisation, and it may point to ways in which homeland activism differs from other kinds of
activism in its relationship to precarity. While some suggest that precarity is an immobilising
factor, these studies have focused on activism directed at the host country, rather than the home
country (Eberle and Holliday, 2011; Goldring and Landolt, 2011). Studies of homeland activism,
however, yield a more nuanced conclusion that locates political transnational participation even
among precarious populations (Banki, 2006; Brees, 2010). This paper’s model speaks directly to
that debate, and seeks to locate the variables with the most weight in determining homeland
activism.
This paper does not wish to make the argument that refugees are the only, or even the most
powerful, homeland activists. Nor does it claim that the mobilisation elements that refugees
possess are of higher quality or quantity than non-refugee activists. These claims could only be
tested with a model that included activists in situations of non-precarity, such as student activists
from other countries. The paper instead argues that precarity offers a useful lens through which
to understand how refugees engage in homeland activism, and the possible choices they make
about the activities in which they engage.
Further, this paper suggests that while precarity may staunch certain forms of political
mobilisation for some refugees because access to legal channels is impossible, its very existence
encourages other forms. These alternative forms of mobilisation performed by precarious
refugees may be, by the fact of their clandestine nature, more powerful. Future research into this
topic would offer important insights into social movement tools for all precarious populations,
not only refugees.
Finally, it would be a mistake to conclude from this analysis that precarity ought to be endowed
with a ‘positive’ value because of its suggested paradoxical power. Instead, in the context of our
current global refugee regime, where the largest share of refugees are in fact in precarious
situations, it is crucial that international actors concerned with encouraging state reform
acknowledge the agency of refugee activists and understand in-depth the channels through and
tools with which they operate.
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20
‘We Didnae Do Anything Great…’
Discursive Strategies for Resisting Detention and Deportation
in Scotland and the North East of England
DAVID BATES*
STEVE KIRKWOOD**
ABSTRACT The arrival of people seeking asylum in the United Kingdom has been a contentious issue in
early twenty-first century Britain. Numerous opinion polls indicate widespread hostility to
asylum seekers and extensive support for tougher immigration controls, including more
removals. While much of the research on asylum in the UK has focused on the isolation and
hardship faced by asylum seekers, relatively little has been written about the numerous
campaigns mounted by local people in solidarity with those at risk of detention and deportation.
The following article aims to address this gap in the literature by exploring some of the
discursive strategies employed by asylum rights activists involved in campaigns against the
detention and deportation of asylum seekers whose claims have been rejected. Extracts from
interviews with campaigners are examined using discourse analysis in order to explore how
asylum is discursively constructed in such a way as to challenge the legitimacy of the UK’s
asylum process. This material is presented in the form of two case studies, each of which deals
with an individual asylum rights campaign, one from Scotland and the other from the North of
England. The article concludes with a critical evaluation of the effectiveness of the discursive
strategies employed by campaigners in differing social contexts.
*David Bates is a PhD candidate at the Centre for Research in Media and Cultural Studies at the University of
Sunderland, UK. His main research interests are racism, migration, asylum and multiculturalism in Britain.
Between 2005 and 2010, David volunteered and worked in a paid capacity for the North of England Refugee
Service, a charity based in the North East of England. His academic work has been published in a number of
postgraduate journals and he is the co-author of a chapter which appeared in Jonathan Pugh’s edited collection
What is Radical Politics Today?, published in 2010 by Palgrave Macmillan.
**Steve Kirkwood is a lecturer in Social Work at the University of Edinburgh, UK. He completed a PhD in
Psychology at the University of Edinburgh in 2012, focusing on discourse, identity and the integration of refugees
and asylum seekers in Scotland. He is originally from New Zealand, where he completed an MSc in Psychology at
Victoria University of Wellington on the topic of identity and indigenous rights. He has undertaken research on a range of topics broadly related to notions of justice and identity and has been published in a variety of journals
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21
including the Journal of Community and Applied Social Psychology, the European Journal of Criminology and the
British Journal of Social Psychology.
INTRODUCTION
The arrival of people seeking asylum in the United Kingdom has been a contentious issue in the
early twenty-first century. Numerous opinion polls indicate widespread hostility to asylum
seekers and extensive support for tougher immigration controls, including more removals (see
Finney and Peach 2004: 10; Jolley 2013). Although research suggests that many people are
sympathetic towards genuine claims for asylum (Independent Asylum Commission 2008), the
creation in media discourse of a simplified binary entailing ‘bogus’ and ‘genuine’ asylum
seekers (Lynn and Lea 2003) has led to a situation in which most asylum seekers are seen to fall
into the former category (Lewis 2005). As a result, asylum remains a highly charged political
issue, one which the current Government has vowed to tackle as part of an overall strategy to
minimise ‘abuse’ of the system and reduce overall levels of immigration (Gower 2012).
Such widespread hostility, however, has rarely been universal. Historians of migration have
argued that campaigns for migrant rights and solidarity have long existed even in the face of
overwhelming hostility from the majority (see Fryer 1984; Kushner 2006; Kushner & Knox
1999). More recently, Sivanandan (2008) has written of the ‘communities of resistance’ which
have been mobilised in support of migrants and minorities in working class communities across
the UK, echoing the migrant solidarity campaigns which have emerged elsewhere across
Western Europe and America (Fekete et al. 2011; Sanders et al. 2013). As the critic Arun
Kundnani writes: ‘Increasingly it is through networks of support established through schools,
churches and community campaigns that the efforts of the Home Office to remove failed asylum
seekers are being thwarted’ (Kundnani 2007: 163).
The aim of this article is to explore some of the discursive strategies employed by asylum rights
activists in localized campaigns such as those described by Kundnani. While much of the
existing research on experiences of asylum in the UK has focused on issues such as racism,
isolation and destitution among asylum seekers (for an excellent overview see O’Neill 2010),
relatively little work has been carried out on the role of community campaigns against the
detention and deportation of those whose asylum claims are refused. (Some exceptions to this
can be found in the work of historian David Renton (2007), whose work has documented past
migrations to the North East of England, and sociologist Tom Vickers (2013), whose research
has explored contemporary anti-deportation campaigns in England).
By focusing on the words of the campaigners themselves, including teachers, residents and
others with whom asylum seekers have forged social relationships, it is hoped that this article
may shed light on a previously understudied area. Extracts from interviews with campaigners are
examined using discourse analysis (McKinlay & McVittie 2008; Potter & Wetherell 1987) in
order to explore how asylum is discursively constructed in such a way as to challenge the
legitimacy of the UK’s asylum process. This material is presented in the form of two case
studies, each of which deals with an individual asylum rights campaign, one from Scotland and
the other from the North of England. Both of these cases involve the detention or deportation of
asylum seekers whose claims for asylum have been rejected. The article concludes with a critical
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evaluation of the effectiveness of the discursive strategies employed by campaigners in differing
social contexts.
METHODOLOGY
The material on which this article is based originates in two separate studies concerning the
integration of asylum seekers and refugees in Scotland and the North East of England, each of
which identified campaigns against detention and deportation as examples of ‘organic
integration’ in action (Bates 2012; NERS 2000). In Scotland, the research involved semi-
structured interviews with a total of 45 people living in Glasgow, including: workers in
organizations that support asylum seekers and refugees; local Scottish people who live in the
areas where asylum seekers are housed; and asylum seekers and refugees from 11 different
countries in Africa and the Middle East. Similarly, in the North East of England the research
involved semi-structured interviews with a smaller number of respondents (25 in total), including
5 asylum seekers and refugees and 20 individuals involved in the ‘asylum-migration-community
nexus’ (O’Neill 2010), such as youth workers, school teachers, activists and community leaders.
Interviews were conducted in-depth, lasting up to two hours at a time, and interviewees were
encouraged to talk freely about any aspect of their life in the UK that they wished. These
research participants were selected on the basis of connections previously forged by the
researchers through working and volunteering with local refugee-supporting organizations,
groups and individuals. In the North of England many of the respondents were already known
personally by the first author, and although Spradley (1979) warns of the dangers associated with
such personal familiarity in research settings, it was judged that the advantages entailed by this
closeness, such as pre-established relationships of trust and rapport, far outweighed any possible
disadvantages (Roseneill 1993).
The interview questions in both studies focused on the experiences of asylum seekers and
refugees in the host society, including the challenges they faced as they progressed through the
legal process of claiming asylum and the way they were perceived by the local community.
Interviews were digitally recorded and transcribed using an abbreviated version of Jeffersonian
notation (Jefferson 2004). Participation in the studies was voluntary and confidential; identifying
information has been removed and the interviewees have been assigned pseudonyms. The
interview extracts featured below are examined using discourse analysis (McKinlay & McVittie
2008; Potter & Wetherell 1987), paying particular attention to how asylum is constructed in such
a way as to challenge the legitimacy of the asylum process itself.
The transcriptions use the following conventions:
[ ] Overlapping speech.
(0.8) Pauses in seconds.
(.) Very short pause.
right= Latching: no pause between speakers.
never Stressed sounds.
↑ Rising intonation.
(( )) Transcriber’s description.
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RESISTING DETENTION IN SCOTLAND
The arrival of asylum seekers in Glasgow began shortly after the introduction of ‘compulsory
dispersal’, a measure whose legal basis was established in the 1999 Immigration and Asylum Act
(Hynes 2006). Under this new system, people who lodged a claim for asylum were ‘dispersed’ to
different parts of the UK while they awaited a decision from the Home Office. By 2002 there
were approximately 5000 asylum seekers accommodated by the National Asylum Support
Service (NASS) in the city, a figure which by 2011 had fallen to around 2400, reflecting national
trends (COSLA 2011). Research has indicated that the experience of asylum in Glasgow has
mirrored the national experience in key respects, with asylum seekers encountering social
isolation, economic marginalization and racism (Barclay et al. 2003; Kirkwood 2012; Mulvey
2009).
Voluntary and community support networks for asylum seekers and refugees, however, were
established early on (Wren 2004), including campaign groups such as the Glasgow Asylum
Rights Campaign, formed in 2000, and Glasgow Campaign to Welcome Refugees. A number of
independent campaigns against detention and deportation appeared in Glasgow throughout the
2000s, many of them gaining a national profile (see, for example, the case of the ‘Glasgow
Girls’). Indeed, in November 2010 the local press reported claims by ‘senior political sources’
that the decision to reduce asylum seeker numbers in Glasgow had been made because of the
‘public outcry’ prompted by the prior detention and deportation of Glasgow-based asylum
seeking children and families.
The following extracts are from an interview with two friends and members of a local
community in Scotland whose experiences of asylum include active participation in the relatively
successful campaigns against dawn raids on asylum seekers. The dawn raids involved agents of
the UK Border Agency (UKBA), the immigration wing of the Home Office, entering the homes
of asylum seekers in the early hours of the morning to forcibly remove them to detention centres,
often with the intention of removing them from the country. In their local area, the interviewees
became actively involved in protests against the dawn raids and helped introduce a system
whereby residents would warn asylum seekers if UKBA vehicles were sighted, allowing them
time to vacate their homes and avoid being detained (Farrier 2012).
These extracts have been selected for analysis because they provide the interviewees’ account of
their actions and their motivations for their actions, allowing for an exploration of how such
actions against the asylum system are legitimised through discourse. The first extract is presented
primarily to provide contextual information, and involves one of the interviewees describing the
actions they took to disrupt the dawn raids. The more detailed analysis will focus on the second
extract, in which the interviewees explain their motivations for being involved in these actions.
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Extract 1
1 L2 we started a morning ritual (.)
2 SK okay
3 L2 (.) uh some mornings (.) we would both go out (.) if if ((husband’s name))
4 would man the phones, other mornings I would be here, ((L1)) would go (0.8)
5 walkin’ (0.9) and we would watch (0.8) minute she saw a van coming into the
6 [community]
7 SK [mm-hmm]
8 L2 she’d phone me, ((L2’s name)) (0.8) such and such a van (0.7) at block fifty or
9 block sixty=
10 SK =mmm
11 L2 tell them to get out
12 SK mmm
13 L2 and I would phone all the numbers that I had=
14 SK =right
15 L2 (.) move, get out, come down the back stairs coz they would be going up in
16 the lift
17 SK mmm
18 L2 and they would come with their armoured gear and their [helmets]
19 SK [mmm]
20 L2 it was hor::rific
21 SK mm-hmm
22 L2 and fortunately (.) we were very successful
23 SK yeah
24 L2 and stopped quite a lot of those families from being taken
Extract 2
1 L1 [imagine your son in handcuffs]
2 L2 [imagine you wake up] (.) you watch [two you watch little] (0.9) boys
3 L1 [(unclear) handcuffs]
4 L2 (.) come doon like that with their night- their pyjamas on (0.9) and the boys
5 were separated from their mum=
6 L1 =yep=
7 L2 =they had to go with the father=
8 L1 =they went [with the father
9 L2 [they were pushed into a (.) a big van
10 SK yeah
11 L1 in a cage
12 L2 ((high pitched squeaky voice)) what have they done? (.) not
13 L1 in a cage [in the] back of a van
14 SK [yeah] right yeah
15 L2 and as my husband said (.) just think that if that was your grandchild
16 SK mmm
17 L2 I said I couldnae watch it
18 SK mmm
19 L2 so that was what we did so as I say so (1.0) we only done I think what any
20 decent human being would say well Christ no I cannae watch it let’s do- and
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21 we had time on our hands as I say I dear say if we’d had to go to work we
22 couldnae have done it but we didnae↑ (0.9) we could go back up the road and
23 have a wee nap so
24 SK hhh hhh=
25 L2 =but we didnae do anything great↑ (.) we didn’t think so, still don’t to this day
26 don’t think I’ve done anything great
This first extract provides an account of the actions the interviewees took in response to the dawn
raids, watching for the UKBA vehicles and notifying asylum seekers so they could avoid being
detained. One of the noteworthy aspects of this extract is the way in which the interviewee
describes UKBA agents. Specifically, in line 18 she refers to ‘their armoured gear and their
helmets’. This description brings attention to aspects of their appearance that relate to physical
confrontation. Moreover, the interviewee evaluates this as being ‘hor::rific’ (l. 20), emphasising
the extremely unpleasant nature of such experiences. In this extract, the interviewees’ actions
describe their assistance to the asylum seekers while portraying the agents of UKBA as a threat.
This aspect is also explored in the second extract.
In the second extract, the interviewees begin their account with the word ‘imagine’ (ll. 1-2),
which locates them in an empathetic position in relation to the asylum seekers who were being
detained, and encourages the listener to do the same. Local 1 uses empathy to position the
listener in the place of a parent of a child who is being taken away: ‘imagine your son in
handcuffs’ (l. 1). In a slightly different way, Local 2 requests the listener to imagine watching
little boys coming down with ‘their pyjamas on’, being separated ‘from their mum’ and ‘pushed
into a (.) a big van’ (ll. 4-9). References to the small size of the boys and their pyjamas highlight
the fragile condition of these children. Moreover, the use of terms such as ‘little boys’ and
‘mum’ relates them to a notion of family. As other research has highlighted (Goodman 2007;
Kirkwood, McKinlay & McVittie 2013), notions of children and families have a range of
positive connotations, including the implication that people in these groups should not be
separated from each other and that children are inherently innocent. Terms such as ‘handcuffs’ (l.
1), ‘a big van’ (l. 9) and ‘a cage’ (l. 11) describe severe forms of intervention and restraint that
appear out of proportion in relation to those they restrain, the ‘little boys’ in their ‘pyjamas’ (ll.
2-4). In this case, the juxtaposition of these specific descriptions works to present the actions of
UKBA as inappropriate and unjust.
Furthermore, the children are more explicitly presented as innocent through the rhetorical
question: ‘what have they done?’ (l. 12). It is important to note that the interviewees make no
reference to the nationality or immigration status of either the children or the parents concerned.
Rather, the account relies on general assumptions about the ethical treatment of children as
children, rather than the ethical treatment of ‘asylum seekers’ as such.
This narrative leads into Local 2’s account of why she and Local 1 became actively involved in
campaigning to end the dawn raids. In the reported conversation with her husband, Local 2 is
positioned as a grandmother of one of the children who was being detained. By saying ‘I
couldnae watch it’ (l. 17), she justifies her actions through a stated inability to avoid taking
action. In saying ‘we only done I think what any decent human being would’ (ll. 19-20) and ‘we
didnae do anything great’ (l. 25), Local 2 does not present her activities as heroic or politically
motivated, but rather as normalised behaviour stemming from a natural sense of empathy and a
sense of human decency.
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Overall, this extract illustrates how an imagined and empathetic relationship with the children of
asylum seekers, coupled with the depiction of dawn raids as harsh forms of intervention, might
lead to a critical view of such events and, further, to the normalisation and legitimization of the
actions of local people who campaign against them. Although these accounts do not necessarily
prescribe what other people should do in similar situations, they do provide insight into the kind
of narratives local people might construct and, by extension, the discourse that others involved in
grassroots campaigns may seek to adopt (e.g., Every & Augoustinos, 2008).
RESISTING DEPORTATION IN THE NORTH OF ENGLAND
As in Glasgow, the dispersal of asylum seekers to the North East of England began shortly after
the enactment of the Immigration and Asylum Bill in 1999. By 2011, there were approximately
2000 asylum seekers accommodated across the region, concentrated mostly in Teesside
(Middlesbrough and Stockton-on-Tees) and Tyne and Wear (Newcastle and Sunderland).
Throughout the 2000s, a fairly extensive network of organisations emerged across the region
which provided varying levels of support to asylum seekers and refugees. These included
Tyneside Community Action for Refugees, which campaigns against the detention and
deportation of asylum seekers in Tyneside; Justice First, which offers help to asylum seekers in
Teesside whose claims have been rejected; and North of England Refugee Service, a charity
funded partially by the Home Office to perform advocacy work on behalf of asylum seekers
across the region. Like Glasgow, the North East also saw its share of independent asylum rights
campaigns in this period, which rallied communities and often gained the attention of the local
press.
The following case study encompasses extracts from an interview with a head teacher whose
secondary school organized a campaign to prevent the removal of two students and their mother
after their application for asylum was refused in 2009. During the interview, the head teacher
described how staff and students at the school rallied to the support of the two teenage girls by
organizing a petition, a letter-writing campaign and publicity in the local media. In the following
extract the interviewee explains how he was informed about the students’ plight in the midst of
an external inspection by the schools’ regulator Ofsted:
Extract 1
1 ((A teaching assistant)) came to the door and basically started telling me this story and
2 then said what are you going to do about it? (.) So that’s how I got involved (.) erm
3 (.) in the case and I think it was (.) you know (.) it was such an extreme predicament
4 for these girls to be in (.) I mean obviously I was aware of them because they’d
5 arrived in the school and aware of the background (.) but then they tended to just
6 become part of the school and part of the student community (.) erm (.) and it was
7 really when she came in and said their appeal’s been turned down so theoretically
8 they could be deported anytime from now (.) so what are we going to do about it that
9 it really brought it all to the fore (.) erm (.) and I think (.) erm (.) raised the question
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10 what are we about as a Catholic school and what are we about in terms of our mission
11 and our belief and our values (.) erm (.) and that’s right at the centre of it so I had no
12 hesitation really in making it a top priority for me as the head (.) but in effect then
13 making it a top priority for the school.
In this extract the teacher employs a number of discursive strategies that justify his participation
in the campaign and result in a challenge to the legitimacy of the asylum process. This is
illustrated primarily through the teacher’s construction of the school as a community. O’Neill
(2010: 13) has noted that the concept of community can be used to refer to ‘a sense of place,
space, belonging and the togetherness of elective communities bound by shared interests or
identity, as well as the intersection or combination of all three aspects.’ In this instance the
concept is brought into play by the interviewee in order to express a sense of belonging based on
shared space and shared values; a school community which is inclusive of all students regardless
of nationality or immigration status. In this sense, the construction of community here is partly
symbolic, and is accompanied by a sense of moral obligation, arising from the school’s Catholic
identity, which ultimately overrides immigration categories. The teacher mentioned early on, for
example, that he was previously only aware of these students’ arrival and of their general
background. Following their arrival, he noted, they ‘tended to become part of the school, part of
the student community’ (l.8). This establishes a form of belonging in which the two children
become part of a community which is violated by the actions of the Home Office. The campaign
to halt the deportation is thus constructed as a defensive course of action.
The construction of community is also given a religious dimension in this extract. The possible
deportation of two students and their mother is said to the raise the question of ‘what are we
about as a Catholic school and what are we about in terms of our mission and our belief and our
values’ (ll.12-13), and was evidently enough of a motivating factor for the head teacher to mount
a fully fledged campaign to retain the students. We can pose the question of whether this is an
example of what Snyder (2010), following Smith (1996), refers to as ‘transcendent motivation.’
Transcendent motivation concerns situations in which theological reasoning advances and
sustains support for the plight of asylum seekers and refugees, and the inspiration for such
engagements is seen to be rooted in ‘ultimate, divine meaning’ (Snyder 2011: 574). Elsewhere in
the interview, the head teacher develops this theme further:
Extract 2
1 Where’s our model of asylum? (.) Well the holy family Jesus Mary and Joseph (.)
2 What were they at the start of his life? (.) They were asylum seekers (.) They had to
3 flee their land because his life was in danger.
Snyder observes that faith-based organisations often adopt spiritual strategies in their work with
asylum seekers and refugees, where religion offers ‘an alternative theological vision to the way
things are now’ (2011: 574). In referring to ‘our’ model of asylum, the head teacher envisions the
school community as one whose values are guided by Christian teaching. With this theological
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grounding of his perspective, the teacher and the school can question the legitimacy of the
official asylum process and adopt a new ‘model of asylum’ in which the students’ plight is seen
to echo that faced by ‘the holy family.’
CONCLUSION
A number of insights can be gleaned from the above case studies which may prove useful for
activists and campaigners engaged in struggles for asylum rights in the future. In both cases,
campaigners have challenged the legitimacy of the asylum process through the adoption of
certain identifications with asylum seekers and refugees. These identities establish common
ground based on shared experiences and appeal to the common values of refugee and non-
refugee communities. Both case studies illustrate ways in which identities may be mobilized to
encourage and justify the actions of different constituencies (Reicher & Hopkins 1996) in
defiance of immigration authorities.
In the first case study, solidarity with asylum seekers and refugees is justified on the basis of
empathic relations and the basic rights of children, with an emphasis on common humanity. In
the second case, solidarity is justified through the discursive construction of a community
imbued with Christian values, with an emphasis on the school’s Catholic identity. The first
example has the strength of drawing on general humanitarian values that would apply in similar
situations regardless of religion, yet may be limited in terms of their applicability to a wider
section of the population, including those who may disagree that such values overcome
differences in nationality (Every 2008). The second example demonstrates how a figure with
some institutional and theological authority was able to mobilize a school community in keeping
with the faith-based ethos of the institution over which he presides. Both can be seen as
examples of what Squire (2011: 292) describes as ‘enactments of solidarity in which [dominant]
cultural categories and legal distinctions disappear or are relatively unimportant.’
It could be argued that the analysis of these discursive constructions of asylum ignores the
deeper structural bases of the injustices faced by asylum seekers and refugees in the UK and
globally (Marfleet 2006), as often occurs when sympathetic coverage is granted by the mass
media (Steimel 2010). Nevertheless, there is much to be said for examining campaigns in which
the legitimacy of the asylum process is challenged in this way. These case studies highlight a
belief in the rights of children and families whose status as human beings overrides some of the
divisions embodied in restrictive and exclusionary immigration practices (Every & Augoustinos
2008; Lynn & Lea 2003).
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Acknowledgements
The authors would like to thank all of those who took part in the interviews for this research.
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Refugee Empowerment and Legal Aid
CHRISTIAN PANGILINAN*
ABSTRACT
Using research gathered while working as a refugee legal aid lawyer in Dar es Salaam,
Tanzania, and drawing literature on community lawyering and legal empowerment, this
article reflects on the position of legal aid lawyers in refugee mobilization and
empowerment movements. Lawyers may play a significant role in creating awareness
among refugees about refugee identity and refugees as rights-bearers. However, the
presence of lawyers can also dampen refugees’ own organizing efforts. Instead of serving
as their own advocates, refugees may surrender to others the responsibility for advocacy
on their behalf, which can lead to refugee disempowerment. This article argues that
refugee legal aid lawyers must seek to empower refugees to serve as their own advocates
and provides suggestions for fostering such refugee advocacy.
*Christian Pangilinan is a C.V. Starr Lecturer at the Peking University School of
Transnational Law. Previously, he was a Legal Fellow and then Interim Legal Services
Manager at Asylum Access Tanzania. He earned his J.D. from Georgetown University
Law Center.
INTRODUCTION
Refugee legal aid lawyers have made significant contributions in the past decade to refugee
protection on the African continent. In Kenya, the Refugee Consortium of Kenya – an
organization that provides legal counseling and other services to refugees – played a key role in
mobilizing support for the passage of Kenya’s Refugees Act of 2006.7 In Uganda, the Refugee
Law Project advocated relentlessly for refugees’ rights both before and after the passage of the
7 Eva Ayiera, Bold advocacy finally strengthens refugee protection in Kenya, 28 FORCED MIGRATION REV. 26, 26-27
(2007).
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country’s lauded Refugee Act of 2006.8 In South Africa, despite serious issues relating to refugee
protection,9 some lawyers and NGOs have been able to engage in groundbreaking litigation in
domestic courts.10
Asylum Access Tanzania, where I worked from January 2012 to April 2013,
has also made some progress in advocating that refugees be allowed to live outside of refugee
camps.11
These legislative and policy changes have generally been seen as positive developments
and were achieved despite major challenges.12
In addition to these legislative and policy reform initiatives, refugee legal aid organizations have
provided legal aid to thousands of refugees every year. Working in coalitions, refugee legal aid
organizations have also accomplished a number of notable achievements. For example, in 2005,
refugee legal aid organizations succeeded in pressuring UNHCR to publicly release its
procedural standards for refugee status determination (RSD).13
Refugee advocates had long been
critical of UNHCR RSD,14
and the released procedural standards clearly specified for the first
time that asylum seekers had some right to counsel.15
Some refugee advocates have since
formalized their coalitions into advocacy networks including the Southern Refugee Legal Aid
Program (SRLAN) and the Asia-Pacific Refugee Rights Network (APRRN).16
Both these
networks place advocacy for refugee rights at the core of their work.17
Despite legal and policy successes and advocacy for refugees, many of the world’s refugees still
face harsh conditions. In Kenya and Uganda, advocacy for urban refugees has led to new
legislation. The new legislation has not, however, eliminated continuing protection concerns for
urban refugees such as xenophobia and discrimination, harassment by immigration and law
8 Jesse Bernstein & Moses Chrispus Okello, To Be or Not To Be: Urban Refugees in Kampala, 24 REFUGE 46, 46
(2007). 9 See, e.g., Loren B. Landau, Protection and Dignity in Johannesburg: Shortcomings of South Africa’s Urban
Refugee Policy, 19 J. REFUGEE STUD. 308 (2006). 10 South Africa: Reprieve for xenophobia refugees, MAIL AND GUARDIAN, Aug. 18, 2008,
http://www.mg.co.za/article/2008-08-15-reprieve-for-xenophobia-refugees; Scalabrini Centre of Cape Town, Press
Release, Court finds closure of Cape Town refugee office unlawful, Mar. 19, 2013, http://scalabrini.org.za/wp-
content/uploads/2012/11/SCCT-Press-Release-Court-finds-CT-RRO-closure-unlawful.pdf. 11 Refugees to live outside camps-Official, PESA TIMES, Jun. 24, 2013, http://www.pesatimes.com/news/legal-
environment/refugees-to-live-outside-camps - .UckLjj5Nuid. 12 Emily E. Arnold-Fernandez, Mauro De Lorenzo, Barbara Harrell-Bond & Rachel Levitan, Starting a movement
for refugee rights in the Global South: Asylum Access and beyond, in SOCIAL ENTREPRENEURSHIP IN THE AGE OF
ATROCITIES: CHANGING OUR WORLD 39, 40 (Zachary D. Kaufman, ed., 2012). 13 Barbara Harrell-Bond, Building the Infrastructure for the Observance of Refugee Rights and the Global South, 25
REFUGE 12, 16 (2008). 14 Michael Alexander, Refugee Status Determination Conducted by UNHCR, 11 INT’L J. REFUGEE L. 251, 255-56
(1999); Michael Kagan, Frontier Justice: Legal Aid and UNHCR Refugee Status Determination in Egypt, 19 J.
REFUGEE STUDIES 45, 48 (2006). 15 Michael Kagan, The Beleaguered Gatekeeper: Protection Challenges Posed by UNHCR Refugee Status
Determination, 18 INT’L J. REFUGEE L. 1, 9 (2006). 16 Fahamu Refugee Programme, About SRLAN, http://www.refugeelegalaidinformation.org/about-srlan(last
accessed July 12, 2013); Asia Pacific Refugee Rights Network, http://www.aprrn.info/1/, (last accessed Aug. 14,
2013). 17 Fahamu Refugee Programme, supra n. 10; Asia Pacific Refugee Rights Network, Who we are,
http://www.aprrn.info/1/index.php/about-us/who-we-are(Jan. 21, 2011).
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enforcement authorities, and lack of access to employment.18
Some research concerning urban
refugees in Southern and Eastern Africa has resulted in the argument that it is of primary
importance to consider criteria other than legal status as a determinant of refugees’ success in
their countries of residence.19
Researchers have pointed to other factors such as refugees’ social
networks as major determinants of refugees’ survival and success.20
Such research reinforces the
point that legal and policy reform alone are unable to meet all refugees’ needs and raises
questions about what refugee legal aid lawyers can do to supplement their existing legal work in
order to better assist refugees.
Based on research conducted with Congolese urban refugees in Dar es Salaam, I argue that
refugee legal aid providers must adopt strategies aimed at empowering refugees to serve as
advocates for themselves and their communities. Focusing on providing traditional legal aid
alone, especially that which does not encourage refugee involvement, runs the risk of
disempowering refugees by fostering dependence on lawyers to act as their representatives and
sole advocates. Drawing on literature on community lawyering and legal empowerment, I argue
that refugees have the ability to serve as their own advocates. Lawyers can adopt strategies that
also aim to increase refugees’ agency.
REFUGEE LEGAL AID: THE LEGAL ASSISTANCE ONLY MODEL AND BEYOND
Legal aid providers do not come in a “one-size fits all” model. The kinds of legal assistance
provided can range from help with client testimonies to strategic or impact litigation – the use of
litigation to advance broader social goals that affect a large number of beneficiaries or promote
legal reform.21
Legal aid providers may help refugees access a country’s or UNHCR’s RSD system by providing
information about asylum applications or assisting them with writing their personal and flight
histories.22
They may also provide direct legal representation to refugees, acting as legal
representatives before government bodies or UNHCR--or simply accompanying them to
government or UNHCR offices.23
Legal memoranda produced by legal aid providers might argue
for the acceptance of a particular claim by providing supporting country of origin information or
arguing for specific interpretations of refugee definitions.24
18 See, e.g., Sara Pavenello, Samir Elhawary & Sara Pantuliano, Hidden and exposed: Urban refugees in Nairobi,
Kenya 7 (Humanitarian Policy Grp. Working Paper, 2010); Abdi Nur, I am a Refugee, and I Have Rights, REFUGEES
INT’L BLOG, Apr. 10, 2013, http://refugeesinternational.org/blog/i-am-refugee-and-i-have-rights. 19 See, e.g., Loren B. Landau & Marguerite Duponchel, Laws, Policies, or Social Position? Capabilities and
Determinants of Effective Protection in Four African Cities, 24 J. REFUGEE STUD. 2, 2-3 (2011) (arguing that “legal
status is [not] a reliable predictor of effective protection”). 20 Id. 21 See Abram Chayes, The Role of the Judge in Public Law Litigation, 89 HARV. L. REV. 1281, 1302 (1976); Lawyers for Human Rights, Strategic Litigation Unit, http://www.lhr.org.za/programme/strategic-litigation-unit(last
accessed July 13, 2013). 22 Kagan, supra n. 8, at 45, 55-56. 23 Kagan, supra n. 8, at 49-51. 24 Kagan, supra n. 8, at 49-51.
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In contexts where RSD is unavailable or inaccessible, such as those countries where
governments do not conduct RSD, refugee legal aid providers might advocate for refugees’
release from detention or represent refugees in deportation proceedings. Some activities
performed by legal aid providers may take place in formal judicial proceedings that are not in a
court setting, but are quite similar to judicial proceedings. Others may take place in less formal
contexts, such as in administrative proceedings before government officials, informal discussions
with officials or in written communications.
In East Africa, legal regimes tend to allow little space for the representation of refugees by
counsel in administrative or judicial proceedings. In Kenya, UNHCR conducts RSD, but
UNHCR generally restricts refugees’ legal representatives from making short statements at the
end of an RSD interview.25
In Uganda and Tanzania, refugees are not entitled to counsel in
government RSD proceedings.26
In those countries, refugees cannot have their lawyers present
when presenting their claims. In such environments, lawyers may feel forced to identify
alternative means to serve their clients, either by serving refugees’ non-legal needs or providing
innovative legal services outside the RSD context.27
Refugee legal aid providers in the Global
South may aim, among other more traditional legal objectives, to expand legal services and push
for policy changes and legal reform. Many legal aid providers in the Global South have
expanded their work to include psychosocial counseling, for example.28
This expansion may
reflect the diminished expectation on the part of aid providers that host country governments will
or can provide important services to non-nationals, in addition to the perception that refugee
clients require psychosocial counseling before they can access legal options.29
Thus, while some organizations focus on traditional legal aid,30
others provide services that are
more responsive to local conditions. Moving away from legal assistance-only models may be a
product of restrictive legal environments in the Global South that restrict the effectiveness of
legal aid services alone.
Further, not all legal aid work is done by those qualified to serve as or recognized as lawyers,
solicitors or barristers in the jurisdiction where they work with refugees. However, the Nairobi
25 UNHCR, Procedural Standards for Refugee Status Determination under UNHCR’s Mandate § 4-7 (2003). 26 Uganda Refugees Act 2006 s.13; Tanzania Refugees Act 1998 s.9. 27 For example, Asylum Access Tanzania worked to enable more than a hundred self-settled refugees in Dar es
Salaam to obtain legal status through immigration channels rather than through RSD. Asylum Access, Forging a
New Path for Urban Refugees, Feb. 2012, http://asylumaccess.org/AsylumAccess/news-and-
updates/archives/winter-2012-a-new-path-to-legal-status-for-urban-refugees-in-tanzania; Michael Kagan, AMERA-
Egypy, Flagship fo the Refugee Legal Aid Movement, Struggles for Financial Survival, RSDwatch, Mar. 22, 2013,
http://rsdwatch.wordpress.com/2013/03/22/amera-egypt-flagship-of-the-refugee-legal-aid-movement-struggles-for-
financial-survival/. 28 Refugee Law Project, http://www.refugeelawproject.org/(last accessed July 13, 2013); AMERA,
http://www.amera-egypt.org/(last accessed July 13, 2013); Frontiers Ruwad Association,
http://www.frontiersruwad.org/(last accessed July 13, 2013); 29 Refugee Law Project, Legal Aid & Counselling Annual Report 2005,
http://www.refugeelawproject.org/strategy/LACannualreport05.pdf 7-8 (last accessed July 13, 2013). 30 Hong Kong Refugee Advice Centre, What we do, http://www.hkrac.org/what-we-do/ (last accessed July 13,
2013); Asylum Access, Our Model, http://asylumaccess.org/AsylumAccess/who-we-are/our-model(last accessed
July 13, 2013); Lawyers for Human Rights, Refugee and Migrants Rights Programme Additional Information,
http://www.lhr.org.za/programme/refugee-and-migrant-rights-programme-rmrp/information(last accessed July 13,
2013).
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Code, a voluntary code of ethical conduct, was adopted by several refugee legal aid providers in
2007. This code provides standards for legal training for those working in refugee legal aid. In
addition to lawyers, legal aid providers may employ individuals with legal training or paralegals
– community-based legal aid providers that provide basic legal aid.31
The former may include
individuals with legal training from the Global North. The latter appear to be less common. For
the purpose of this paper, the term “lawyer” includes persons providing legal services who are
qualified in a particular jurisdiction, possess education qualifications and are effectively serving
as lawyers. I hypothesize that this group is more likely to provide services traditionally provided
by fully qualified lawyers and to be perceived as professionals and decision-makers by refugees.
LEGAL AID AND REFUGEES IN DAR ES SALAAM
As part of a broader project on prospects for local integration, a refugee research assistant and I
sought feedback on Asylum Access Tanzania’s legal aid work among Congolese urban refugees
in Dar es Salaam. Our aim was to better understand refugee livelihoods and survival strategies,
relationships with host communities and the long-term goals of refugees. We conducted ten
unstructured interviews with key informant Congolese urban refugees selected for their
knowledge of other Congolese refugees, four focus groups with twenty-five refugees, engaged in
limited participant observation with three refugees, and surveyed fifty-one Congolese urban
refugees.
For many respondents, the legal assistance previously provided to help them obtain some legal
status in Dar es Salaam was key to what they asserted was a freer expression of their Congolese
identity, their access to more formal employment, and, in rarer cases, their ability to establish
businesses. The research suggests that legal aid can serve critical functions for refugees,
indicating that traditional legal aid can be valuable for refugees).
Moreover, legal aid providers like Asylum Access Tanzania can serve the function of both
creating awareness of refugee claims and establishing linkages between refugees.32
For example,
one woman explained that it was not until Asylum Access interviewed her previously that she
understood that she had a refugee claim:
I am a refugee here at Asylum Access – known as a refugee. Before I came here, I
was a refugee “non-identifiée.” It was here that I was identified.33
Group workshops and various trainings for refugees were also credited with being important
opportunities for refugees to assemble.
Asylum Access brings us together. Your work is good. Because by gathering at
Access, you can meet your longtime missing relatives.34
31 Kagan, supra note 8, at 56. 32 Surveys, NN/SURV/31, Mar. 19, 2013; NN/SURV/34, Mar. 22, 2013; Interview, CP/CL/01, Jan. 28, 2013. 33 Interview, CP/CL/09, Mar. 12, 2013. 34 Survey, NN/SURV/34, Mar. 22, 2013.
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I have not seen any problems with Asylum Access. You do well as you assemble
us Congolese and teach us many things.35
The comments above, however, do not reflect all refugee perceptions that the provision of legal
aid did not address other needs and many called for assistance in obtaining food, housing, access
to education for their children and health care:36
. . . I think you should also think beyond legal services. There are other needs that
people have. We have people who fled the DRC who never went to school. They
don’t know anything about legal services, but they are suffering.37
Others sought assistance that would help improve their livelihoods, from access to starting
capital for a business to access to savings schemes to training in particular enterprises.38
Obtaining legal status remained important for many who did not have some form of legal status
and feared being returned to the Democratic Republic of the Congo or eventually wanted to seek
resettlement.39
But for others, living in Dar es Salaam imposed other chronic difficulties that
legal assistance alone had not been able to address.
Having legal status did not address, for instance, discrimination, the low social
perceptions of refugees or fears of exploitation as a result of refugees’ nationality or status—
persistent concerns of Congolese refugees in Dar es Salaam. Many of these concerns continue to
exist for refugees with legal status.40
These are in addition to difficulties such as equal access to
health services, access to education and access to credit. It is difficult to imagine legal and policy
reform alone sufficiently addressing refugees’ marginalization.
A colloquy with Congolese refugees about policy advocacy and efforts to encourage the
Tanzanian government to adopt an urban refugee policy that would permit refugees to legally
reside with refugee status outside refugee camps depicts a gap between advocacy efforts and
refugees’ needs:
Author: If the government had that [urban refugee] policy, would any of you
consider applying for that?
Respondent: Yeah so do you think—before answering that question—do you
think that an urban refugee policy will be a solution to that kind of
discrimination? And people will not have as a matter of policy not
accommodating or employing refugees?41
35 Survey, NN/SURV/31, Mar. 19, 2013. 36 E.g., Surveys, NN/SURV/02, Feb. 19, 2013; NN/SURV/04, Feb. 21, 2013; NN/SURV/13, Mar. 1, 2013. 37 Focus Group with Refugee Women, Feb. 8, 2013. 38 Surveys, NN/SURV/20, Mar. 8, 2013; NN/SURV/23, Mar. 12, 2013; NN/SURV/26, Mar. 13, 2013; NN/SURV/42, Apr. 5, 2013; NN/SURV/44, Apr. 5, 2013; Interview, CP/PO/01, Feb. 13, 2013. 39 Surveys, NN/SURV/11, Feb. 28, 2013; NN/SURV/16, Mar. 5, 2013; NN/SURV/25, Mar. 14, 2013; Focus Group
with Refugee Men, Feb. 5, 2013. 40 Focus Group with Refugee Women, Feb. 15, 2013; Focus Group with Refugee Men, Mar. 12, 2013. 41 Focus Group with Refugee Men, Mar. 12, 2013.
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Advocates of such a policy may argue that legal and policy reform may be able to address some
of the aforementioned problems. Advocates may also argue that many of the hardships faced by
refugees stem from the inadequate provision for and enforcement of refugees’ rights. After all,
refugees have rights under the 1951 U.N. Convention Relating to the Status of Refugees that, if
respected, can serve as the basis for access to education and employment.42
When policy
centered upon refugees is followed or created, one could argue, refugees will in theory be able to
access the services they require.
The argument may also be made that fostering rights-consciousness is one of the purposes that
lawyers frequently work towards. In Dar es Salaam, one refugee community leader described
bringing refugees to Asylum Access specifically to “know their rights as refugees.”43
In
individual cases, lawyers can work with refugees to address issues such refugees being
detained.44
Instances where refugees are not able to exercise those rights, it can be argued, do not
mean that legal aid is ineffective, but rather demonstrate that more aid and advocacy are needed.
An approach that relies solely on legal and policy reform, however, is inadequate for at least two
reasons. First, with the financial constraints that refugee legal aid providers face, it is simply
impossible for legal aid providers to address every individual rights violation that refugees
experience. Legal aid providers cannot protect every refugee from discrimination even if law and
policy reform are put in place. Second, it is possible that viewing refugees as persons who are in
need of lawyers’ assistance may obscure the role that refugees themselves can play in accessing
their rights—and that they may be more effective at doing so. By emphasizing the role of
lawyers, the role of refugees might be diminished to that of victims who become beneficiaries of
their lawyers.
The discussions held with refugees in Dar es Salaam led to frequent statements by refugees that
they had no rights or lacked freedom regardless of their legal status.45
As one refugee described,
her sense of long-term marginalization had left her worn out:
I think we are all old. I think we are tired of all this kind of treatment that people
are showing to us. We are not well cared for. We are not well treated. At my age I
see someone saying, “you just go away, you are just a simple refugee.” There is
not even respect for age. And I think we are tired. We are just tired.46
Yet in a few instances, refugees described being able to assert rights in a way that was
independent of their lawyers. While several refugee women complained about discrimination in
the arena of health care, one woman who had trained as a nurse in the DRC recounted how she
asserted herself in a health care setting:
42 United Nations Convention relating to the Status of Refugees, July 28, 1951, arts. 17-19, 22, 189 U.N.T.S. 150. 43 Interview CP/CL/02, Jan. 30, 2013. 44 Interview CP/CL/03, Feb. 2, 2013. 45 Surveys, NN/SURV/25, Mar. 14, 2013; NN/SURV/26, Mar. 14, 2013; NN/SURV/27, Mar. 15, 2013;
NN/SURV/37, Mar. 26, 2013; NN/SURV/40, Apr. 4, 2013. 46 Focus Group with Refugee Women, Feb. 15, 2013.
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When I was about to deliver my daughter, I was asked by a nurse what tribe I was
from in Tanzania. This was after she identified my broken Swahili. Since I know
medical ethics, I just stopped her and asked for her assistance. She continued to
assist me and didn’t ask me any question again.47
By drawing on her knowledge of the ethical responsibilities of the nurse, she was able to obtain
assistance without reporting the experience of further discrimination. Another refugee spoke
about using his legal status as a way of obtaining police assistance after he was the victim of
theft.48
No other refugee respondents, however, even those that had been victims of crime in Dar
es Salaam, described going to the police voluntarily. While such accounts are very few in
number, they suggest that refugees can serve their own interests without needing intervention
from their lawyers.
Advocacy that refugees perform for their own interests has another added value: by representing
themselves, they can dispel myths about refugees. During a presentation before a national legal
aid organization (one that had assisted organizing focus groups with non-refugees for our study),
one of the organization’s legal officers expressed concern about allowing refugees to live outside
camps. Allowing such a change, she imagined, could endanger her own safety. My research
assistant, who is a registered refugee, had accompanied me to the presentation, but had not
introduced himself as a refugee. Pointing to himself, he responded, “Did you think I was a
refugee when I came in here?” He emphasized that fear of refugees was often unjustified.
Speaking as a refugee, he helped challenge the common perceptions that refugees were violent
and to be feared. By speaking as a refugee, he could help refute that perception better than I
could.
In our discussions with refugees, some seemed prepared to leave responsibility for advocacy to
their lawyers. In a discussion about differences in approach to urban refugees in Uganda and
Tanzania, for example, participating refugees called for Asylum Access to “fight for us as they
[the Refugee Law Project] did for refugees in Kampala.”49
One refugee called for the
organization to serve as their intermediary in all conversations with government officials.50
The
latter sentiment, of course, is understandable given legitimate fears of the government by foreign
nationals, some of whom may lack legal protections. Avoiding all contact with government
officials, however, may also result in diminishing opportunities for refugees to speak on their
own behalf.51
Another refugee called for Asylum Access to put into effect an urban refugee policy in Tanzania
as had been “promised.”52
Such statements appear to hold lawyers accountable for enacting
wide-reaching legal reform, and may also indicate that refugees do not see a role for themselves
47 Survey, NN/SURV/38, Mar. 28, 2013. 48 Interview, CP/CL/30, Feb. 7, 2013. 49 Focus Group with Refugee Women, Feb. 15, 2013. 50 Id. 51 For examples of refugee mobilization, see Elizabeth Holzer, A Case Study of Political Failure in a Refugee Camp,
25 J. REFUGEE STUDIES 257 (2012); Paula Worbly, Lessons learned from UNHCR’s involvement in the Guatemala
refugee repatriation and reintegration programme (1987-1999) (1999), available at
http://www.alnap.org/resource/2951.aspx. 52 Survey, NN/SURV/16, Mar. 5, 2013.
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in that work. “We thought it could take over all of our problems,” one woman explained to me
when she talked about Asylum Access opening in Dar es Salaam.53
Providers of legal aid thus
must walk the line between effective advocacy that solves problems and encourages advocacy by
refugees themselves without, by introducing and discussing such topics, creating the expectation
that legal aid can solve all the problems laid before refuges.
EMPOWERMENT AND SOCIAL MOVEMENTS
Although scholarship exists on relationships between refugees and academic researches that
empower the former, little appears to exist about relationships between lawyers or legal aid
organizations and refugees that do so.54
The discussions with refugees I describe above show that
there is a need to examine the strategies that legal aid providers are using as well as whether
these strategies are serving refugees’ expressed needs in a way that involves them. Two related
streams of scholarship concerning lawyers working with the communities they intend to
benefit—the literature on “community lawyering” and “legal empowerment”—are particularly
useful as starting points for thinking about this relationship and the fostering of refugee
empowerment.
The diffusion of community lawyering models of public-interest advocacy—largely emanating
from an U.S. civil rights context—has drawn attention to alternative modes of lawyering in
which lawyers work within social movements.55
“Social movements”, for their part, are
commonly defined as consisting of collective action with the goal of some social end, such as a
redistribution of resources or recognition of a particular social group.56
Community lawyering
models blur lines between practising law and community organizing. Instead of emphasizing
lawyers’ ability to alter relationships of power and distributions of resources through litigation,
community lawyering models stress that effective solutions to structural inequalities must come
from broader societal changes and from encouraging community members to serve as their own
advocates.57
More recently, scholars have stressed partnerships between lawyers and the
communities they serve, where legal advocacy complements other strategies for reaching
particular outcomes, such as organizing protests or affecting policy decisions made by the local
government.58
53
Interview, CP/CL/03, Feb. 2, 2013. 54 E.g., Eileen Pittaway, Linda Bartolomei & Richard Hugman, ‘Stop Stealing Our Stories’: The Ethics of Research
with Vulnerable Groups, 2 J. HUMAN RIGHTS PRACTICE 229 (2010). 55 See Scott L. Cummings & Ingrid V. Early, A Critical Reflection on Law and Organizing, 48 UCLA L. REV. 443,
446-47 (2001); Thomas Hilbink, The Profession, the Grassroots and the Elite: Cause Lawyering for Civil Rights and
Freedom in the Direct Action Era, in CAUSE LAWYERS AND SOCIAL MOVEMENTS 60 (Austin Sarat & Stuart A.
Scheingold eds., 2006). 56 Nina A. Kohn, The Lawyer’s Role in Fostering an Elder Rights Movement, 37 WM. MITCHELL L. REV. 49, 56
(2010); William Eskridge, Channeling: Identity-Based Social Movements and Public Law, 150 U. PA. L. REV. 419,
423-25 (2001); Tomiko Brown-Nagin, Elites, Social Movements, and the Law: The Case of Affirmative Action, 105
COLUM. L. REV. 1436, 1439 (2005). 57 Cummings & Early, supra note 49, at 447 (“In general, this new framework offers a vision of social change
directed by community-based organizations in which lawyers are ancillary to the definition and implementation of a
transformative agenda.”). 58 Scott L. Cummings & Ingrid V. Eagly, Review Essay, After Public Interest Law, 100 NW. UNIV. L. REV. 1251,
1275 (2006).
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Legal empowerment has been defined as an approach that uses “legal services and related
development activities to increase disadvantaged populations’ control over their lives.”59
Legal
empowerment approaches prioritize, among other goals, increasing the agency of community
members, focusing attention on the needs of communities rather than top-down strategizing,
using both formal and informal tools, and working with all levels of government and community
leadership structures.60
Legal empowerment can differ from traditional legal aid and advocacy by
focusing less on litigation and law reform. It is worth considering that litigation and legal reform
may be less effective at promoting access to justice on a daily basis as a result of the scarcity of
access to lawyers or because the results of law reform and litigation can take time to be actually
felt.61
In practice, legal empowerment approaches may see lawyers working to train community-
based paralegals to help community members organize or access basic services like health and
education, explain accountability and complaint mechanisms of NGOs and other decision-
makers to their beneficiaries, and negotiate with local leaders.62
The functions that lawyers might serve in legal empowerment as community lawyers are very
similar to roles that are observed in social movements. Legal education programs can bring
refugees together to inform refugees of their rights and compare the legal content of those rights
to their actual implementation.63
Education programs also can also prompt participants to think
critically together about the institutional structures that affect the lives of refugees.64
Enabling
marginalized people to interrogate such structures can encourage them to take action.65
In doing
so, refugee legal aid providers may be pushing refugees to mobilize around a particular social
identity, which can serve as a precursor to mobilization.66
Even litigation has a role in social
movements as it can serve as a means of validating and crystallizing rights claims.67
59 Stephen Golub, Beyond Rule of Law Orthodoxy: The Legal Empowerment Alternative 3 (Carnegie Endowment for
International Peace Rule of Law Series Working Paper No. 41, 2003). 60 Id. at 25-26; Vivek Maru, Between Law and Society Paralegals and the Provision of Justice Services in Sierra
Leone and Worldwide, 31 YALE J. INT’L L. 427, 464 (2006); Meena Jagannath, Nicole Philips & Jeena Shah, A Rights-Based Approach to Lawyering: Legal Empowerment as an Alternative to Legal Aid in Post-Disaster Haiti, 10
NW. J. INT’L HUM. RTS. 7, 8 (2011). 61 Vivek Maru, Allies Unknown: Social Accountability and Legal Empowerment, 12 HEALTH AND HUM. RTS.
PRACTICE 83, 84 (2010). 62 See supra n. 54. 63 See, e.g., Refugee Law Project, Information Sessions,
http://www.refugeelawproject.org/information_sessions.php(last accessed July 16, 2013); Asylum Access, Ecuador,
http://asylumaccess.org/AsylumAccess/who-we-are/ecuador(Apr. 16, 2013). 64 Focus Group with Refugee Men, Feb. 5, 2013. 65 Tiernan Mennen, The mystery of legal empowerment: livelihoods and community justice in Bolivia, in LEGAL
EMPOWERMENT: PRACTITIONERS’ PERSPECTIVES 64, 66 (Stephen Golub, ed., 2010). 66 Cf. Eskridge, supra n. 50, at 425. 67 Sandra A. Levitsky, To Lead with Law: Reassessing the Influence of Legal Advocacy Organizations in Social
Movements, in CAUSE LAWYERS AND SOCIAL MOVEMENTS 146 (“Litigation can raise expectations, spark indignation
and hope, and stimulate a rights consciousness among movement constituents and supporters; it can help legitimize
a movement’s goals and values, publicize the movement’s causes, and provide leverage in bargaining with powerful
elites.”).
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Some organizations already involve refugees in community organization or provide them with
the training to function as paralegals.68
Refugee paralegals in Egypt provided services that
assisted refugees to access RSD, such as transcribing refugees’ flight histories.69
Community-
based paralegals can be a key component of legal empowerment programs, extending access to
justice within the communities they serve.70
In Tanzania, refugee paralegals based in refugee
camps aimed to empower refugee women and girls to address sexual and gender-based
violence.71
In the latter case, paralegals’ work encouraged refugee women to bring their claims to
law enforcement officers and to press them to take their cases seriously.72
It is crucial to take into account, however, the ways in which legal restrictions shape the
possibilities for such work with refugee social movements and empowerment. The law not only
defines the extent of refugees’ and asylum seekers’ general political rights but it may also play a
role in prescribing their places of residence, eligibility for employment, opportunities for
education and their opportunities for political or social activism.73
In Africa, the 1969
Organization of African Unity Governing the Specific Aspects of Refugee Problems in Africa
was designed with one of its aims being that of controlling refugees’ political activities.74
It
requires refugees to “abstain from any subversive activities” without defining which activities
might be deemed “subversive.”75
One of its stated goals is eliminating the source of “refugee
problems” as a “source of friction among many Member States.”76
Likewise, domestic laws
impose limitations on refugee activism. In Tanzania, for example, the restrictive Refugees Act of
1998 restricts refugees’ physical liberty and their freedom of assembly.77
This narrows the
options available for refugees to make their voices heard and creates additional challenges for
legal aid providers.78
There are at least a few ways by which legal aid providers can contribute to or themselves be
part of social movements by or for refugees. The training of refugee paralegals, the
implementation of accountability mechanisms that hold legal aid providers to account in the
communities they serve, and involving refugees in developing strategic priorities are all ways for
legal aid providers to strengthen refugee voices.79
Lawyers may provide refugees with training
on community organizing tactics, preemptive counseling regarding refugees’ campaigns, and
legal support for the formation and registration of refugee organizations or refugee-run
68 Kagan, supra n. 8, at 49-50; Juliet Kaira Chibuta, Women’s Legal Aid Centre (WLAC) Final Evaluation of the
“Access to Justice for Refugee Women and Girls” Project in Tanzania 2008-2011,
http://www.baringfoundation.org.uk/IntevalOneworldaction.pdf. 69 Kagan, supra n. 8, at 49-50; 70 Maru, supra n. 54 at 466-67. 71 Chibuta, supra n. 62. 72 Chibuta, supra n. 62, at 42-43. 73 Jeff Crisp, No solutions in sight: the problem of protracted refugee situations in Africa 11-13 (UNHCR Evaluation
and Policy Analysis Unit Working Paper No. 75, 2003). 74 George Okoth-Obbo, Thirty Years On: A Legal Review of the 1969 OAU Refugee Convention, 8 AFR. Y.B. INT’L L.
3, 57-64 (2000). 75 1969 Convention, Sept. 10, 1969, art. 3(1), 1001 U.N.T.S. 45. 76 1969 Convention, Preamble s.3. 77 Khoti Kamanga, The (Tanzania) Refugees Act of 1998: Some Legal and Policy Implications, 18 J. REFUGEE
STUDIES 100, 110-11 (2005). 78 Chibuta, supra n. 62, at 44. 79 See Maru, supra n. 54, at 442.
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institutions. In such collaborations, refugees and lawyers may more closely approach a condition
of equality in which lawyers are specifically engaged by refugees for their technical expertise
and then supervised by them.80
Legal education programs, as described above, can continue to provide refugees with knowledge
about their rights. But a focus on empowerment require doing more than providing refugees with
knowledge about legal options that they can exercise through their lawyers. Instead, legal
education programs can provide refugees with knowledge about legal options and strategies that
they can use everyday when accessing healthcare, negotiating transactions, and communicating
with authorities. Lawyers can first learn from refugees about the justice issues they face regularly
and then begin to understand how some refugees have been able to meaningfully respond to
those issues. Such solutions can be incorporated into educational programs, where, for instance,
refugees are enlisted to educate other refugees. In this way, education programs can be
collaborations that highlight refugee agency.
Bringing refugees together may be valuable in itself. While counseling refugees on an individual
basis makes sense in terms of individual legal aid, it does little to assist refugees in the
development of social networks amongst one another. Helping refugees develop their own
support networks may do more to allow refugees to access effective protection through access to
social support.81
It should be emphasized, however, that the nature of legal empowerment
activities will undoubtedly differ from context to context, depending on what refugees find
significant and the interventions that might be available. In Dar es Salaam, issues like
identification, education and livelihoods appear particularly relevant.
Whether legal empowerment can facilitate the formation of a social movement is more difficult
to foresee. Social movements may be understood as “dense informal networks of individuals and
organizations” that “cannot be fully represented or controlled by a single entity or organization,”
and thus require more than one organization or actor to lead, organize or implement their
causes.82
A movement requires participation by many, and legal empowerment activities for
refugees could conceivably be represented by one or a few organizations from which refugees
might not necessarily operate independently. In addition, social movements—especially if they
are to be based around refugee rights or identity—would also require refugees to mobilize
specifically around those issues rather than, for example, another characteristic like ethnicity.83
As Amisi and Ballard note, in South Africa, Congolese refugees appeared to mobilize as
Congolese or as members of specific Congolese ethnic groups rather than as refugees.84
If a refugee social movement does arise, lawyers will have to face questions about their role
within a social movement. As others have noted, cooperation between lawyers and social
80 Scott L. Cummings, Law in the Labor Movement’s Challenge to Wal-Mart: A Case Study of the Inglewood Site
Fight, 95 CAL. L. REV. 1927, 1966 (2007). 81 Landau & Duponchel, supra n. 13, at 13. 82 Kohn, supra n. 50, at 56-57. 83 See Baruti Amisi & Richard Ballard, In the Absence of Citizenship: Congolese refugee struggle and organisation
in South Africa (2005), available at http://ccs.ukzn.ac.za/files/Amisi Ballard Refugees Research Report.pdf. 84 Id.
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activists poses risks for both.85
For non-lawyers, working with lawyers poses the risk of control
or domination by legal professionals.86
Perceived as experts or as elites, lawyers may be able to
take control of and direct advocacy. Legal aid providers that work with refugees and asylum
seekers in social movements may find themselves working with individuals who are their current
clients. Lawyers may need to take steps to preserve the integrity of the individual lawyer-client
relationship, especially the clients’ control over their own case. This may include creating
internal divisions between legal counselors and organizers and greater efforts to clarify lawyers’
responsibilities to clients.
CONCLUSION
The increase in the number of refugee legal aid organizations in the Global South represents an
opportunity to not only assist refugees through traditional lawyer-client relationships and policy
advocacy, but also to empower refugees and contribute to their mobilization. This paper has
focused on the ways that lawyers and legal aid organizations have and might, in the future,
increase refugee agency and aid refugees in advocating for themselves. Certainly, encounters
with refugee legal aid providers should not result in refugees feeling more helpless or vulnerable
than they did before, especially given the hardships that refugees have necessarily already had to
overcome and their ability to find solutions to these challenges.87
Instead of assuming that
traditional legal aid and policy advocacy are the sole ways that refugee legal aid providers can
assist their clients, providers need to consider the ways in which refugees already do serve as
their own advocates and work to expand their capacity to do so.
85 E.g., Austin Sarat & Stuart Scheingold, Introduction, What Cause Lawyers Do For, and To, Social Movements, in
CAUSE LAWYERS AND SOCIAL MOVEMENTS 2-3. 86 Levitsky, supra n. 61; Cummings & Early, supra n. 49, at 457-58. 87 Nondo Nobel Bwami, It Takes Courage to be a Refugee, Realizing Rights, July 6, 2012,
http://realizingrights.wordpress.com/2012/07/06/it-takes-courage-to-be-a-refugee/.
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.
Innovation in Education: Borderless Higher Education for Refugees
ALLISON MAGPAYO*
The Dadaab refugee camps lie in the North-Eastern province of Kenya, roughly 80 miles south
of the Kenyan-Somali border. Made up of six different camps housing nearly half a million
people, its immense size is matched only by its longevity; founded in 1992, this once temporary
camp has become a permanent fixture in Kenya’s geo-political and social landscape. Despite the
longstanding presence of the encampment, Dadaab refugees have little opportunity for
integration into Kenyan economies. With the exception of a few “incentive jobs” offered by the
United Nations High Commissioner for Refugees [UNHCR], for which they are paid less than
the local Kenyans, refugees are prohibited from working in Kenya and forced to rely on
international aid for their basic needs. Dadaab refugees are also prohibited from moving beyond
the camps without a permit, limiting their freedom of mobility and making them, in effect,
prisoners within the camps. “Without access to higher education, the choice of occupations is
very limited for refugee youth. The alternatives for young men and women are in very precarious
forms of employment such as working for a militia, working for the pirates, drug running,
working as a prostitute,” says Professor Wenona Giles. Professor Giles and Professor Don
Dippo, both from York University in Toronto, lead the Borderless Higher Education for
Refugees [BHER]. Though still in its infancy, BHER is developing the world’s first program to
provide innovative, equitable, and internationally accredited university education to encamped
refugees.
*Allison Magpayo is an undergraduate student at York University, where she also works as a research assistant in
the York Centre for Asian Research. She is concurrently enrolled in York’s Refugee and Migration Studies
Certificate and is preparing her honors dissertation on the diasporic discourses of Filipino domestic workers in
Israel. She will be starting the Masters program in Human Geography at York University in the fall of 2013.
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THE BHER
MANDATE
(1) Improve the equitable
delivery of quality education
in refugee camps and local
communities through accredited university
programs, to prepare a new
generation of male and female
teachers and professionals
(2) Create targeted, continuing
opportunities for young men
and women in university
programs that will enhance
their employability through
portable certificates, diplomas
and degrees;
(3) Build the capacity of Kenyan academic institutions that
already offer onsite/on-line
university degree programs to
vulnerable and marginalized
groups.
The BHER team is comprised of a global consortium of
NGOs and academic institutions committed to improving the
quality and accessibility of education for refugees. At
present, they administer education initiatives with refugees
along the Thai-Burma border and are developing a program
within the Dadaab refugee camps. The impetus behind the
Dadaab branch of BHER came from Dr. Marangu Njogu of
Windle Trust Kenya, the NGO responsible for running
secondary schools in the Dadaab refugee camps. Long
frustrated by the limited education in the camps, Njogu
envisioned a new program that would provide teacher
training for primary and secondary school teachers in order
to improve the overall quality of education in Dadaab. In
2008, pursuit of this vision lead him to Philip Landon,
African director of the World University Service of Canada,
an organization best known for offering scholarships for
refugees to study at Canadian universities. As Giles shares,
“WUSC was also interested in expanding what they could do
beyond individual scholarships. Scholarships tend to be more
of a drop in the bucket- there are not many for the number of
refugees that need them.” So, in 2008, Landon and Njogu
traveled to York University in Toronto, a WUSC partnership
university with a specialized research centre focused on
refugee issues. It was there they met with Professor Giles
and and Professor Dippo, both of the Centre for Refugee
Studies.
Giles and Dippo were excited about Njogu’s ideas on
improving teacher training in Dadaab, but realized the
potential for installing a program that went beyond just
teacher certification. In fact, Giles had recently concluded a
study with York University Professor Jennifer Hyndman on
the Globalization of Protracted Refugee Situations, which
looked at the living situations in long-standing refugee
camps like Dadaab. She was struck by the lack of schooling
options available to refugees, noting that, “beyond secondary
education, most refugees all around the world in refugee
camps have practically no access to higher education.” The inconsistency or unavailability of
quality education for refugees stems largely from the fact that education is not prioritized within
the array of emergency responses in refugee situations. Funding from NGOs and international
agencies tend to go toward the most basic survival needs like food rations, shelter, and
emergency health care. This problem is exponentially compounded, however, by the increasing
lengths of refugee situations.
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THE BHER VISION
Year 1: Admitted students enter the 30 credit Instep program, a program to designed to prepare students for
university.
Year 2: Students will take a 30 credit module to obtain a certificate in education.
Year 3: Students who choose to continue on from year 2 will now complete another 30 credit module, earning
them a Diploma in Education. This 60 credit diploma in education is the Kenyan standard for teacher
certification.
Years 4 and 5: Students who choose to continue their studies may apply their 60 credit diploma toward a
bachelor’s degree one of the following disciplines: Business, Education, Science, Public Administration,
Health, and Community Development.
THE COMMUNITY RESEARCHER
At the heart of BHER is the community researcher. Using the participatory action research
model, the BHER team headed to Dadaab to recruit refugees and local Kenyans to act as eyes
and ears on the ground. Throughout the winter and spring of 2012, BHER community
researchers spoke extensively with individuals and focus groups, providing a comprehensive
picture of how the residents of Dadaab would like their education system to take shape. With this
input, BHER plans to offer Dadaab refugees courses from partnership universities via a
combination of internet, DVD, and on-site learning. The first cohort of BHER students will be
those already teaching in the primary and secondary schools in Dadaab, most of whom cannot
afford lengthy periods of time off to upgrade their skills. Studying via BHER’s flexible delivery
framework will allow the teachers to upgrade their skills without sacrificing their income. It will
also enable them to apply the new material they are learning in to their primary and secondary
school classrooms. By this arrangement, BHER will improve the quality of education for the
children and youth of Dadaab while opening the door for teachers to gain post-secondary
accreditation.
It is hoped that community engagement in BHER, present from the start through its community
researchers, will increase naturally as the program matures. “I don’t think it’s out of the question
for us to think that there might be some community researchers who earn degrees in our
program, who end up teaching or assisting in our program,” says Dippo. Additionally, the design
of the project will pair up BHER researchers working in partnerships universities with people
living in the camps. This will help to keep teaching methods relevant to the community-specific
cultural and social needs, as well as provide more opportunities for people who live there to
participate in the project in more important and meaningful ways.
WORKING TOWARD EQUITY
Although BHER was envisioned to meet the educational needs of Dadaab’s refugees, the
program is fully accessible to Kenyan nationals from both Kenyan and Somali descent. This is
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important because while Dadaab’s refugees and Kenyans live in similarly dire conditions of
poverty, refugees are eligible to receive international aid in the form of food rations or
healthcare, while the local Kenyan residents are not; a fact that has been an ongoing point of
contention in the community. “They are living in a situation that is structured in very glaring
unfairnesses,” nods Dippo. Given these inequities, Dippo was initially surprised at the ease with
which the Dadaab locals and refugees worked together during BHER’s two week community
researcher training session in Nairobi. Giles offered an explanation of her own: “the thing about
education is that it brings people together.
Giles and Dippo admit, however, that while inter-group relations between Kenyan citizens and
refugees is more amicable than they had anticipated, gender discrimination in the community is
still severe and pervasive. For instance, UNHCR data from 2012 indicates that only 26.5 percent
of school-age girls attend primary schools. At the secondary school level the percent of school-
age girls enrolled drops to only 3.7 percent. The dearth of education for girls aggravates their
marginalization in the community as it limits their access to employment and scholarships for
further schooling. This is a problem BHER hopes to redress. “You can’t just declare you’re
getting 50/50 [fifty percent male students and fifty percent female students] and then get it. Even
in order to begin to make the smallest shift in the gender dynamics, women are going to have an
awful lot of challenges,” says Dippo.
To transition toward more equal representation, the BHER project plans to incrementally
increase the proportion of women in their program each year. By training more women teachers
through the BHER program, it will strengthen the role of women in education and provide
academic role models for younger girls in the primary and secondary schools. BHER stresses the
need for innovation and flexibility in the delivery of education for women and girls. “It’s a lot of
navigation and a lot of listening,” says Giles. As Dippo shares, the education of girls has often
been seen as a lesser priority than that of boys. Indeed, girls’ education has often been
constrained by domestic duties, early marriages, safe transportation, or even a lack of sanitary
napkins. BHER will offer things like MP3 players for at-home study and buses for safe transport,
while keeping student security a top priority. “Whatever it is that is offered as an explanation for
why the participation rate of girls is low, we have to be prepared to shift what we’re doing
around in order to address it,” says Dippo. According to Giles, the community researchers have
been crucial in formulating different ways to optimize inclusivity in learning initiatives. For
instance, community research in the Dadaab context suggests that a women’s only computer lab
will help foster a safer, comfortable, and conducive learning environment.
The New Scholars Network [NSN] will also play an important role in providing support to
women in the BHER program through their online student mentoring program. The NSN will be
teaming up with BHER to provide one-on-one mentoring to students in the Dadaab camps,
pairing them up with students and scholars from across the globe. Access to academic role
models and peers is especially important for the young women of Dadaab, who face an uphill
battle in accessing education. Dippo is also quick to point out the reciprocity of the mentorship
relationship, suggesting that, “Given the online modality that technologies like Skype offer, I
think it could be very, very productive and very satisfying for both parties.”
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WORKING FOR THE FUTURE
The portability of BHER degrees will offer refugees something that has thus far eluded them:
options. The degrees will be fully accredited and universally accepted, allowing them to continue
in to graduate schooling should they so choose. For those hoping to resettle elsewhere, this
foundation may also make them more attractive as privately sponsored refugee applicants.
For many of the young Somalian refugees in Dadaab, education is deeply embedded within their
hope for return to their homeland. “One of the things when we talk to people there is that they
really live in the most profound hope for return. I mean, people who were born there [in Dadaab]
are looking forward to the day when they will be able to return [to Somalia]. They are all
imagining that they’re preparing themselves for the day when they’re able to return,” shares
Dippo. In an interview with BHER, Education Officer Maureen Kopiyo of the UNHCR, put it
another way, “education is the only thing the refugees can take back home with them. So it is
only fair to give them the best.”
On a more immediate level, however, BHER is concerned with contributing to efforts to improve
the overall quality of life in the camps. As Dippo states, “you may be returning, but it’s not going
to be tomorrow.” It is hoped that short of return, BHER can help to restructure the camps in
significant ways. As Giles points out, “It’s a small, well, not so small city”. “So how do you run
a city?” she asks. “Humanitarian agencies are not really experienced in running cities. So what
we’re doing will hopefully help in that regard. It will contribute to imagining a better space for
people to live in. There are lots of aspects of living there that can be re-envisioned.”
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Adaptation and Modification of Funeral Service
for Immigrants and Refugees in Sherbrooke, Quebec
JAVORKA ZIVANOVIC SARENAC*
INTRODUCTION
The fact that I belong to a different ethnic group of Quebec has made me realize that life as an
immigrant brings a different way of living. Therefore, it creates a different attitude to religion,
death, funeral rites and the choice of the place of burial. I noticed that in my Serbian community,
in the case of death, family members did not know how to organize a funeral. There are some
people who want to be buried in their country of origin, but families do not know the process, do
not know where to turn for information or do not have enough financial support.
Some families have chosen Quebec as the place of burial for their loved ones, but many rituals
are not respected. Some family members did not know where to bury their loved ones and they
lived with a sense of guilt that the burial place was not well chosen. The family suffers after such
a sad event. It is not surprising that after such an event we see the appearance of depression,
anxiety and nervousness.
I wondered if all immigrants, after their death, wanted to be buried here in Quebec. We know
that there are immigrants who came voluntarily to live in Quebec, but that does not mean they
want to be buried here. We also know that there are refugees who were forced to leave their
country, but that does not mean that, after their death, they have no right to be buried in their
home country.
*Javorka Zivanovic Sarenac, Master of Social Work, is a Research Assistant at the University of
Sherbrooke, Quebec.
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In fact, I had so many questions in my head: Where do immigrants want to be buried? I
wondered whether the choice of a burial place tells us something about a sense of belonging or
acceptance by the host society as experienced by immigrants or refugees. Are the rituals of
different cultures respected in Quebec? I also wanted to know if there was a great demand for the
repatriation of the body to another country. If there was, why was it important for the immigrant
to be buried in their own country? In a case where the body of the family member cannot be sent
to the homeland, what can the family do? How do they live if the last wish of the deceased has
not been fulfilled?
Desiring to answer all these questions, at the end of
2010 I went to explore the subject of death among
immigrants in Quebec. Unfortunately, very soon I
realized that there were no articles about this topic. I
accidentally found a working paper on the internet,
“Rites and rights in death: contemporary management
of the repatriation of African humans remains,”
presented by a student at a conference in Dakar,
Senegal earlier in the year. The paper spoke of the process of repatriating the remains of
immigrants from South Africa to their respective home countries, and I found that this article
mentioned many of the concepts that I wanted to explore here in Quebec. The author’s e-mail
address was available on the Web, and I felt free to write her. I explained my project and asked if
she knew of articles that talked about death and the repatriation of the remains of immigrants to
their home country. Thus began a cooperation between us, and our exchange of information
concerning the projects we currently work on. This article followed from that collaboration.
PROGRAM DEVELOPMENT
At about the same time that my interest was growing around this issue, I continued my master’s
education at Sherbrooke University. My personal observations, as well as my professional
involvement in the health and social services system in Quebec, led me to involve myself
seriously with this issue. I shared my ideas and questions with my supervisor at the social service
department for mental illness at The Health and Social Services Centre – University Institute of
Geriatrics of Sherbrooke (CSSS-IUGS). She agreed that this issue seemed very pertinent because
she herself worked with immigrants.
With my great desire to work on this issue and with her knowledge of social networks, she first
sent me to a professor who deals with immigration issues at the academic level, Michéle Vatz-
Laroussi, professor titular at the University of Sherbrooke’s Department of Social Work. Second,
she sent me to a social worker, Anne Caron, who works at the Department of Community Action
at CSSS-IUGS. The community organizations of the CSSS-IUGS, along with citizens, partners
and co-workers, work to enhance the ability of individuals and communities to take action to
reduce social and health inequalities (often around education, housing, poverty, etc.).
The project’s goal was to identify and document, from the perspective of different ethnic
communities (immigrants and refugees), the needs surrounding the issue of death. These
Where do immigrants want to be buried?
What can the family do? How do they
live if the last wish of the deceased has
not been fulfilled?
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included repatriation to another country, the burial of their dead in Quebec, the possible
incorporation of important funeral and cultural rites, and financial and other assistance. The
secondary goal of the project was to identify the questions and needs of professionals associated
with immigrant families who have lost their loved ones (nurses, doctors, social workers,
advisers).
The most important goal of our project, however, was
to share the realities and needs of ethnic communities,
and those expressed by professionals associated with
immigrant families, with partners working in the field
of immigration and those involved in the management
of funerals. For example CSSS- IUGS, the Ministry
of Immigration, Cooperative Funeral in Estrie, SANC
(Help Service for New Canadians), and the Clinic for
Refugees, were all identified as potential partners. We
aimed to stimulate discussions about death, funeral
rites, the choice of burial and the mourning process
among immigrants and refugees in Sherbrooke and to
take into account the importance that these issues have among members of ethnic communities.
BASIC METHODOLOGY
After a thorough explanation of my pre-project to Ms. Vatz-Laroussi and Ms. Caron, we decided
to bring this project to light at the close of 2011. We determined that the project had to meet
several criteria, such as being of interest and use to immigrant communities, being acceptable to
CSSS-IUGS, and being an appropriate and manageable project for a master’s degree with limited
duration.
After the project was accepted by University of Sherbrooke and CSSS-IUGS, Ms. Caron and I
officially formed a committee which included representatives from CSSS-IUGS, the Ministry of
Immigration, Cooperative Funeral in Estrie and SANC. From September 2012 on we worked
together to recruit communities or families from different countries wishing to participate in the
project. At the same time, we organized individual interviews with professionals (nurses,
doctors, social workers, spiritual guides and advisers). Our plan was that by the end of November
2012, interviews with members of five communities (from Algeria, Bhutan, Colombia, the
Democratic Republic of the Congo and Serbia; the largest immigrant groups in the city) and a
number of professionals would be complete. In December 2012 we would start to analyze the
results.
During my interviews with the five communities, I tried to understand their beliefs surrounding
the time of death and the afterlife. To better understand the rituals that are practiced in their
country, I divided my questions into four parts: Questions surrounding death rituals at the
moment of death; Questions about rituals occurring between the moment of death and the
ceremony; Questions about the ceremony itself; and finally, Questions concerning the days and
weeks after the funeral ceremony.
The project’s goal was to identify and
document, from the perspective of
different ethnic communities, the needs
surrounding the issue of death…The
secondary goal of the project was to
identify the questions and needs of
professionals associated with immigrant
families who have lost their loved ones
(nurses, doctors, social workers,
advisers).
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I then asked these representatives of ethnic communities what rituals they are able to practice
here in Sherbrooke. I identified the consequences experienced by ethnic communities when some
of the rituals they wish for are not able to be practiced here. From here, these communities had a
chance to share desired improvements and to enumerate their needs.
PROBLEMS AND CHALLENGES IDENTIFIED
After analyzing the results, we identified the fact that ethnic groups deal with many difficulties
during the organisation of a funeral here in Sherbrooke. I identified several problems and needs
in each community. The following listed problems are common among many or all of the five
ethnic communities, but it is also important to note that these problems represent only a small
portion of those identified[1]. The problems include:
Difference in perceptions of disease and death between themselves and the host
community (all communities)
The need for there to be only a short time between the death and burial (In Algeria, for
instance, burials must occur within 24 hours.)
Impossibility of the family performing ablutions at the moment of death (DRC)
Inability to gain access to the deceased, whether in the home or as part of an overnight
vigil (Colombia, DRC, Serbia, Algeria)
Problems with cemeteries (For instance, the deceased not being buried in the correct
orientation (Algeria, Serbia) or the closure of the cemetery for services on Saturday
afternoons and Sundays)
The need for rituals to be performed over several days (9 nights among Colombians)
Difficulty within the neighborhood, when crying or noise are not well accepted by the
host community
Lack of legal information (such as information on mandates in cases of incapacity, wills,
bank accounts, and, in all interviewed communities, the procedures to follow after death)
The challenges surrounding repatriation of remains in the country of origin (all
interviewed communities)
Lack of information about the health system and social services (all interviewed
communities), including a lack of information about their rights in connection with work-
related leave to act as a caregiver or to attend the funeral in the home country (Algeria,
Serbia, Colombia))
Insufficient funding given by the government for people on social assistance to fund a
funeral ($ 2500), such that the weight rests on the community
Following this, I asked each ethnic community to enumerate their needs. The problems and
enumeration of needs strongly correspond because if some rituals are not practiced, family
members may live with the fear and the feeling that they will be punished in some way or that
the deceased person will not find peace in the afterlife. The stated needs include:
To bring the deceased to the church the day before the funeral in order to be able to hold
a vigil with the remains at night (DRC, Colombia, Serbia)
To be able to perform ablutions, either in the hospital or the Cooperative Funeral (DRC)
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To make changes concerning several problems surrounding cemetery and interment
policies, including facing the deceased to the desired side, installing a temporary wooden
cross during the preparation of the tombstone, leaving flowers on the grave for a duration
of time, installing a small fence around the grave so that the grave is not walked upon
(Serbia), finding another cemetery or a place within current cemeteries for Muslims
(currently Muslims cannot be buried at the Catholic cemetery in Sherbrooke), being
allowed to stay beside the grave until the end of the ceremony (Colombia, Serbia), and
being present and active during an incineration (Bhutan)
To be understood and tolerated by neighbors (Algeria, DRC, Columbia, Serbia (“A, C, C,
S”))
To learn about resources in the health system and social services (A, C, C, S), including
the issuance of an immigrant guide for what to do and where to go at the moment of
death (A, C, C, S)
To learn about the repatriation process (A, C, C, S)
To learn about the testaments, workers rights, and leave opportunities to help a family
member at the end of life (Algeria, Colombia), including the right to attend the funeral of
a colleague / friend / neighbor in Quebec during working hours (Colombia) and without
the threat of job loss (Colombia, Serbia)
To have the information and assistance to organize their own mandir (Bhutanese church)
in Sherbrooke (Bhutan)
I also held individual interviews with eleven professionals: a spiritual leader at the CSSS-IUGS,
two social workers, two nurses, two doctors, and two counselors and two directors at the Funeral
Cooperative. The difficulties identified by professionals included:
Language barriers and difficulties with finding good translators
A lack of knowledge of different cultures (including lifestyle, food habits, values, man-
woman relations, notions of privacy, etc.),
Lack of suitable services and interventions for immigrants (Current problems include too
many interventions and professionals focused on one family, very regulated and formal
interventions, and complications due to differences in preference for helping an
individual versus a family)
Following from this, the common needs of professionals are:
Intercultural training, including a brochure or document summarizing key information
about different cultures living in Sherbrooke (such as concepts of disease and death)
To have more immigrants working as official translators, and gaining a more specific
vocabulary to help the translator
PROJECT REALISATION
After we realized that there are many difficulties on several levels, from January 2013 we split
our project into three smaller sub-projects.
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Sub-Project 1: The first sub-project is related to the health and social services system.
We will work on getting to know professionals that are knowledgeable about different
cultures and their understanding of illness and death. This will help professionals in our
health and social system to adapt their interventions to the needs of ethnic communities.
Sub-Project 2: In the second sub-project we will work on introducing our project to the
broad population of our city and aim to contact new partners who are knowledgeable on
relevant issues.
Sub-Project 3: The third sub-project will directly involve the ethnic groups in our city.
The Cooperative Funeral Estrie took the initiative on this sub-project, and is organizing
oral presentations by ethnic communities in September 2013. Each ethnic community
will have the opportunity to share the funeral rituals of their country. These presentations
will be open to the general public, including professionals who work with immigrants,
and advisers from cooperatives. We believe this will be a great opportunity for Quebec
society and our city to learn and to become familiar with the rituals of other countries.
We realize that this project is huge, and that it will take time, financial support, and most of all,
patience and persistence. Fortunately, the four leading individuals working on this project
recognize that the importance of the issues surrounding death, rituals and the selection of burial
site are as important for immigrants as their adaptation and integration in a new country. For
these reasons, we will continue to work on this project. We are already very satisfied with what
we have achieved, but are also aware that the toughest time is yet to come.
APPENDIX: DIFFICULTIES NAMED BY COMMUNITY
The Algerian community
The placement of the deceased person at the time of death: The members of the Algerian
community are not certain that this ritual is done according to the rules of their religion
(in the hospital, nursing homes, hospice, etc.).
The deceased person is alone at night, so the community cannot hold a vigil with the
remains at night.
In their country the deceased person is buried without a coffin, but here, it is mandatory
to have one.
A very important issue is that the Muslim Algerians are buried in Montreal. In
Sherbrooke, there is no Muslim cemetery and as Muslims they cannot be buried at the
Catholic cemetery (they also do not want to be buried among Catholics).
Another problem identified is that the embalming of a body that is not accepted by Islam,
but is mandatory here in Quebec. (If the deceased person is not buried within 24 hours of
death, it is mandatory for the person to be embalmed.) Very often, funeral organizers
cannot do this in such a short time; because of this the Algerians are torn between the
laws of Quebec and religious laws.
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The needs of this cultural community are mainly to have a cemetery in Sherbrooke or places in a
cemetery for Muslims – purchased or leased. Such a cemetery would allow for the quick and
easy organization of a funeral and, at the same time, respect the rules and laws of Quebec. Also,
the Algerian community needs to know more about the resources surrounding the “end of life” in
Sherbrooke, including administrative processes after death (testaments, mandates in the case of
incapacity, repatriation insurance) and the possibilities for accompanying family members in the
grieving process. A guide for what to do and where to go for immigrant Muslims would be
helpful.
The Bhutanese community
To date, in Sherbrooke, there has not been a death in the Bhutanese community. Therefore, I
could not identify their current problems in the same way.
However, they realize that their ritual cremation of the body next to a river will not be possible
here. They are willing to change their ritual and adapt to the laws of Quebec. They want to
attend the cremation at the Cooperative and for the eldest son in the family–if he can not start a
fire–to press the button for cremation. Thus far, the Cooperative Funeral Estrie has not accepted
the presence of family members during the cremation.
The community identified another problem surrounding the tradition of family members staying
at their home for 13 days after the death of a loved one; something which has already created
problems when the death of a family member occurred in their home country. According to
Quebec laws, each person has three to five days of leave in the case of a death. After this period
a person has to return to work or school.
Lastly, the community needs help for organizing (or building) their own temple here in
Sherbrooke, as well as information on the health system and social services in Quebec, which
they do not currently know well.
The Colombian community
The deceased person is left alone during the night until the funeral.
Family and community members can not to hold a vigil with the remains at night
Colombians have many problems with the neighborhood: Quebec neighbors do not
tolerate noise during the nine nights of prayer, when many people come to the house of
the bereaved family.
Community members cannot walk from the Cooperative to the cemetery and they cannot
bury their loved ones with shovels.
Opening hours of the St. Michel cemetery are problematic because they do not have
access to the graves of their loved ones whenever they want.
The community lacks information on health system and social services (services for end
of life support for bereaved members, etc.), wills, the rights in connection with work
leave, asset management (freezing bank accounts) and other administrative processes
following death (especially concerning repatriation to the country of origin).
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Their explicit demands are to have the right to be with the deceased in the church the night
before the funeral and then be able to hold a vigil; to have the opportunity to walk from the
Cooperative (where the deceased resides) to the cemetery; to bury their deceased with a shovel;
that the neighborhood be more tolerant; that they have the opportunity to attend the funeral of a
family member without the threat of job loss; that they become aware of all the services provided
by the health system and social services in Sherbrooke.
The Congolese Community (DRC)
They mention that they cannot be present at the time of death or a few minutes before
death. In fact, if the patient is in the hospital and if he / she is dying in the night, no one
notifies the family. Thus, the family cannot accompany the dying person with prayers and
cannot make the necessary rituals at death.
There is a lack of accessibility to the deceased and an inability to hold a vigil with the
body during the night
he community has had great difficulty with some neighbors who do not support the
crying and noise during the evening following a death
A problem specifically identified in the Congolese community is the dilemma regarding
the choice of burial place. They believe that their rightful place is next to their ancestors
in their country of origin, but on the other hand, the repatriation of the body to the DRC is
very expensive. Because of the judgment of family members in the home country, who
believe that such a large sum of money could be better spent—or would go so far as to
feel a whole village at home for half a year–burials generally take place in Quebec.
Another problem identified is that family members are often isolated in their grief
process and will not seek the help of official institutions.
The Congolese community requests to accompany the dying person and to be advised that the
last time has come (if possible). They also asked that the neighbors try to tolerate cultural rituals.
They also ask that professionals involved in health and social services use a different approach
and find an effective way to join the Congolese mourners who stay at home, very isolated. They
also need to be informed about the services provided by the health system and social services.
The Serbian Community
They identified similar problems within the neighborhoods in which they live
There is an inability to hold a vigil during the night with the deceased, leaving the Serbs
with a feeling of not having performed the final acts of respect for the deceased.
In the Funeral Cooperative, they are unable to light candles due to this action activating
alarms in the building.
In the cemetery, the deceased person is not located to the east, leaving the members of the
Serbian community with a sense that the person is buried upside down. Also, in the
cemetery, a temporary wooden cross cannot stay until the installation of the headstone.
The tomb has no small fence, so everyone can walk on the grave, which is forbidden in
the Orthodox religion. Also, they cannot leave flowers on the grave.
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Serbs in general require awareness, tolerance and understanding from their neighborhoods. They
ask to transfer the deceased person from the funeral home (or hospital) to their church, and they
seek to hold a vigil for the person at night. For non-practitioners, Serbs ask to have the
opportunity to escort the body from the cooperative to the cemetery. At the cemetery, their
explicit requests are that the deceased is buried looking east, that they can install a temporary
wooden cross during the preparation of the headstone, that they can leave flowers on the grave
and that they can install a small fence so that the grave is not walked over. They too need
information on the repatriation of the body to the home country, as well as information on the
testament, bank accounts, their rights as workers in the event of death, and other information
about existing services at the end of life.
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Hard Hearts: A Critical Look at Liberal Humanitarianism in Refugee Support Movements
DANIELLE EVERY*
MARTHA AUGOUSTINOS**
Increasingly, political responses to asylum seekers and refugees have become more punitive and
exclusionary in many receiving countries. This hardening reflects a broader shift to the right:
toward an emphasis on national security and borders, on economic rationalism, and
monoculturalism.
How can people who are campaigning for less exclusionary policies and laws respond? We
review an ethnographic case study in the town of Woodside, South Australia and the first
author’s discursive research on the political speeches of Australian politicians. These suggest
that pragmatic interventions emphasizing win/win solutions and mainstream appeals are useful.
Danielle Every is a Senior Research Fellow at the People, Place and Migration Unit, Appleton Institute,
Central Queensland University. She specialises in research on anti-racism, immigration, refugee
advocacy and activism, particularly analysing discourse and language in these fields and applying these
to develop more effective advocacy practices.
Martha Augoustinos lectures and researches in the School of Psychology, University of Adelaide. She
specialises in work on racism, particularly in mapping the changing discourses of contemporary racism.
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Two of these interventions, which we review in this paper, are: 1) creating social and economic
benefits for both asylum seekers and residents in the communities in which they are housed,
based upon an evidence base developed by establishing the social and economic impacts of
asylum seeking; 2) using discourse and rhetoric that presents arguments and interventions made
on behalf of asylum seekers as practical, pragmatic and moderate.
These strategies are focussed on enacting broad-based change via appeals to the mainstream,
which is not the goal of all advocacy or activism, and is not appropriate in all circumstances. The
interventions that we propose for community engagement also require that we reconcile the
sometimes conflicting needs of asylum seekers and refugees and the residents of communities in
which they are housed, which is not always possible. Despite these limits to the applicability of
these strategies and interventions, our research suggests that they can create positive changes in
attitudes towards asylum seekers and refugees.
SOCIAL AND ECONOMIC IMPACTS OF IMMIGRATION IN HOST COMMUNITIES
Previous research on responses to immigration, though not always specifically focused on
asylum seekers and refugees, has identified a pervasive public belief that immigration negatively
impacts the economy and social cohesion (e.g. Every et al. 2012; Esses, Brochu & Dickson
2012; Goodall 2010; Dawson 2009). Research conducted in the United States on the relationship
between beliefs about economic impacts and attitudes towards immigration, summarised in
Esses, Brochu and Dickson (2012), found that negative attitudes increased when immigrants
were perceived to be competing with members of the host society for economic resources.
Goodall’s ethnographic research in Stoke-on-Trent in the United Kingdom suggests that the
relationship between economic impact and attitudes towards immigration is also likely to affect
attitudes towards asylum seekers. Her conclusion, drawn from interviews and observations, was
that where there are no discernible economic benefits for the host population, but rumours about
asylum seekers receiving unfair benefits proliferate, hostility and violence in the form of graffiti,
letters to the editor, and organised campaigns against asylum seekers escalated (Goodall 2010).
In relation to social impacts, research in the United Kingdom on attitudes towards immigration
found that the belief that immigration reduces social cohesion was a more significant factor in
negative attitudes towards immigration than concerns about negative economic impacts (Card,
Dustmann & Preston 2012).
The above research, based in the UK and the US, has predominantly focussed on immigration as
a whole. The research project led by the first author (Every et al. 2012), and summarised below,
sought to explore the relationship between social and economic impacts and attitudes towards
asylum seekers in the South Australian town of Woodside, which houses a new asylum seeker
detention facility. The project’s focus on these impacts was prompted by the previous research,
which demonstrates the implications of such attitudes. It was also inspired by an initial scoping
study which found that opposition to new arrivals in Woodside was formulated as a concern with
social and economic impacts by the host population. The interviews, ethnographic observations
and analyses of media such as letters to the editor revealed that residents of Woodside argued
that their town was struggling economically, suffering from poor health services and reduced
education quality. They feared that asylum seekers would further weaken this social and
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economic infrastructure, and the immigration facility would have negative economic and social
impacts on the town. Consider the following examples from the local debate in Lobethal, South
Australia about the economic and social experience of those living in the town, as compared to
what they believed were those of asylum seekers:
… they will be getting 24 hour emergency services in that so called detention centre. I
have two young children that I have to drive down to the Women’s and Children’s
Hospital at midnight … to wait in there for eight hours but they’ve got it at their
doorstop, they don’t even have to get out of their house.
… what we see from the outside looking in, is a free education…my child has a $10
excursion and they get theirs for free…why [are] community outsiders coming in, getting
a free ride and getting favouritism over us who pay taxes, the residents?[1]
…the people smugglers, what is that’s actually happening that’s making their lives
harder, like it makes our lives harder?
…can someone give us a guarantee that our kids’ education and valuable starts to life
won’t suffer. Can somebody give us a guarantee that they won’t be pushed out of
programs, that they won’t, in any shape, way or form, have their education level dropped
and suffer?
These extracts illustrate the fears and concerns of the local population about the social and
economic impacts of the new immigration detention facility.
Were these fears borne out? The first author led the research team that undertook the social and
economic assessment in Woodside to evaluate these impacts. Using interviews, ethnographic
observations, media analysis and economic analysis, the assessment found that the arrival of
asylum seekers did not have any negative impacts on the local economy, health and education
services, policing or social cohesion (Every et al. 2012).
How is this research relevant to advocacy campaigns in relation to asylum seekers? Firstly, the
findings themselves are an evidence base which can be drawn upon in debates about asylum
seeking. Impact assessments can be used to allay people’s fears by presenting them with research
on the actual impacts. Secondly, the research also considered the factors and interventions that
mediated negative impacts. This knowledge can be used for planning interventions.. The
important preventive factors in Woodside included: 1) the use of targets for local employment
quotas and business contracts by the management of the detention facility; 2) increased
government funding for schools and health services to supply equipment and staff in areas where
the new arrivals created further demand (importantly, these funds were utilised to benefit the
whole of the community; for example through a new ultrasound machine and new teaching
staff); and 3) local leadership from health providers, educators and the local council which
provided significant opportunities for the new arrivals and for residents to meet. These initiatives
were found to be critical in not only minimising any potential negative social and economic
impacts, but also in reducing local residents’ hostility to asylum seekers.
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This research highlights the potential of engaging with and addressing the social and economic
concerns of host communities, particularly in ways which create a win/win situation for both the
new arrivals and the existing residents. Such an approach has also been advocated by those
researchers we reviewed at the beginning of this section who found links between impacts, both
perceived and actual, and negative attitudes.
Based on this, we propose that refugee supporters might engage with concerns about economic
and social impacts as another way to decrease hostility towards asylum seekers. First,
engagement with these concerns can occur through undertaking research on the very questions
that local communities raise–namely, how do refugees and asylum seekers affect the local
economy, health services, education, policing and social cohesion? Social and economic impact
assessments (SEIA) can be used to do this (Every et al., 2012). Second, engagement with these
concerns about impacts requires acting on this research. Whether there are negative or positive
effects found, these should be communicated to the host community. Where negative effects are
found, these can be addressed through programs and policies that benefit both the host and
asylum communities.
In the next section of this paper, we look at another practical intervention which may be useful in
campaigning and promoting or conducting activism around refugees and asylum seekers. This
intervention focuses on language, discourses and rhetoric. In particular, we look at the use of the
language of humanitarianism and its benefits and disadvantages. We report on our research that
analysed the political speeches made by politicians in Australia that argue for more humanitarian
policies towards asylum seekers.
HUMANITARISM
Much of the support for refugees and asylum seekers, and many of the campaigns created to
increase support in the wider population, are based on appeals to humanitarianism (Dauvergne
2005; Every 2008; Gibney, 2004; Hyndman, 2000). That is, in establishing that they are people
in need, advocates can then appeal to citizens’ compassion, and call on them to uphold their
national ethics of Good Samaritanism and meet their obligations as international citizens. We
can see this reflected in two extracts from our research with Australian politicians advocating for
more favourable policies for asylum seekers. In these speeches, politicians focus on the duty
Australia (and other host countries) owe to asylum seekers as people in need:
…this is a human problem and the Christian reaction to this situation would be to care
for and assist these people in need. Let us recognise that it is not just a legalistic
argument; this is an issue of humanity.[2]
We are telling the world that international law has no place here, that Fortress Australia
is more important to us than responding compassionately to human need.[3]
Although their advocacy is based in arguments that appeal to humanitarianism, this can be a
problematic basis for creating greater support for asylum seekers. Dauvergne (1999), Gibney
(2004) and Gosden (2007) propose that, historically, humanitarianism embodies two conflicting
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principles: a duty to others, which is emphasised in appeals like those above, but also a concern
with what this duty will cost our selves or our nation. Dauvergne (1999) translates this as a
‘minimal moral duty,’ where there is a duty to assist others only when the cost to one’s self is
small. Shacknove (1988: 134) provides this definition of humanitarianism:
When persons or associations can improve the conditions of the destitute at little cost to
themselves, they bear a heavy moral obligation to do so. By the same token, as the burden
increases, the obligation to assist the destitute diminishes. These are the dictates of good
samaritanism, known more formally as the principle of ‘mutual aid’.
Gibney (2004) argues that, although the principle of mutual aid is proposed to be a balance
between these two competing ideals, it is the second (the duty to self and nation) that holds more
weight. His theory is supported by discursive research mapping the dominant discourses that
construct humanitarianism in relation to asylum seekers. In this research, which covers political
speeches, media, interviews and focus groups in the UK, Europe and Australia, a recurring theme
appears. Host countries are characterised as already doing more than enough, the research
shows, whilst there are few examples where politicians, media or residents emphasise duties and
obligations to the less fortunate (e.g. Corlett 2002; Jones, 2000; Wodak & van Dijk, 2000).
One theory is that these narratives dominate the discourse about asylum seeking and immigration
more generally because they reflect pervasive social norms and values related to the liberal
philosophical binaries of reason versus emotion, pragmatism versus idealism and moderation
versus excess. This theory proposes that the values of individualism, reason, practicality and
moderation are highly prized in Western liberal thought and everyday thinking, whereas
emotion, idealism and excess are less acceptable (Billig 1982; Dauvergne 1999, 2000, 2005;
Gergen 1991; Wetherell and Potter 1992). Thus the individualist argument, applied to
humanitarianism and asylum seekers and refugees, is powerful because it can be presented as
reasonable, practical and balanced. Within this narrative, those appealing to a ‘duty to others’ are
often positioned as emotional, impractical and excessive in their demands by those who respond
negatively to asylum seekers and refugees (Every 2008).
What does this mean for refugee advocates? One conclusion we may draw is that appeals that
focus on a ‘duty to others’ may not be persuasive. Another conclusion to consider is that emotion
must be used with care. In particular, statements that resonate with emotional, impractical and
excessive sentiments, such as, “We should open our arms to these newcomers” and “They can
come and live in my house,”[4] have the potential to be used against advocates.
Understanding how the opposition’s arguments draw upon liberal philosophical ideas can be a
useful point around which to develop advocacy discourses and practices. For example, if the
opposition emphasises reason, moderation and practicality, can supporters’ arguments be framed
similarly? As just one example, many refugee supporters argue for increasing the number of
refugees and asylum seekers under Australia’s immigration quotas. Rather than arguing for this
using the rationale of fairness and humanitarianism, it may alternatively be presented as a
solution that balances the needs of refugees and the claims of citizens, and may thereby be more
likely to be evaluated as moderate, practical and reasonable (Gibney 2004).
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CONCLUSION
This paper emphasises a reconsideration of community engagement, and presents two
interventions that are based upon research surrounding the economic and social impacts of
asylum seekers and the use of humanitarian language when engaging the opposition. The paper
has included suggestions of using caution when employing emotional language that may alienate
the opposition, and constructing campaigns and interventions that demonstrate an understanding
of the social and economic concerns of the home community.
Such approaches bring significant challenges, not least of which are negotiating the long-
standing tension between the sometimes competing demands of host communities and asylum
seekers and, further, seeking broad-based change in the wider population and more radical
campaigns and actions. However, we suggest that understanding the opposition’s arguments –
concerns about social and economic impacts, and the liberal philosophical basis of arguments
based on practicality, pragmatism and moderation – provides more possibility for engagement
for refugee supporters and advocates. Although not appropriate for all situations and issues, these
interventions were found to be effective in reducing hostility towards asylum seekers and
refugees in a community in Australia.
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[1] Meeting at Lobethal Town Hall, South Australia, 24 November 2011
[2] Senator Andrew Bartlett, Australian Democrats, Senate Hansard, 28/8/01, p. 26784
[3] Senator Vicki Bourne, Australian Democrats, Senate Hansard 24/9/2001, p. 27712
[4] Meeting at Woodside Town Hall, South Australia, 21 October 2011
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Comparing Racist Colonial Discourse in the Tamil Canadian Protests and the Idle No More Movement
HARINI SIVALINGAM*
For several months beginning in January 2009, members of the Tamil Canadian community
held public demonstrations in various Canadian cities in an attempt to draw attention to what
they saw as a grievous humanitarian tragedy taking place in their homeland. These were not the
first demonstrations held by Tamil Canadians, but they were perhaps the most vocal and
emotionally charged. At that point in time, the almost two year old ceasefire between the Sri
Lankan government and the Liberation Tigers of Tamil Eelam (LTTE) was broken, and the
bloody and violent three decade civil conflict had resumed.[1]
As the Sri Lankan military’s onslaught against the LTTE intensified, so did the level of protests
and demonstrations by members of the Tamil diaspora around the world. At the conclusion of
the armed conflict in mid-May 2009, during which the UN estimates that tens of thousands of
Tamils had lost their lives primarily due to government shelling, several hundred Tamils escaped
Sri Lanka with the intention of seeking asylum in Western nations.[2]
On August 13, 2010, a cargo ship carrying 492 Tamil men, women and children seeking asylum
in Canada was escorted by two navy tugboats into a Canadian forces base, Esquimalt. The
ship, MV Sun Sea, was entering the traditional territory of the Songhees First Nation in what is
now Victoria, British Colombia.[3] When the ship docked in Canada, the Tamil refugees on
board were met by two different groups of Canadians with two very different messages.
*Harini Sivalingam is currently a PhD Candidate in the Socio-Legal Studies program at York University. She obtained her LL.B. at Osgoode Hall Law School and was called to the Ontario Bar in 2006. Harini
completed her LL.M. in International Comparative Law at McGill University in 2009. Her research
interests include immigration and refugee law and securitization of borders.
Refugee Review: Social Movement Volume 1, September 2013 E-Journal
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One group held signs reading: Tigers: don’t unpack, you’re going back and Send them back.[4]
At the same time, some residents of the Esquimalt First Nation held spiritual prayers welcoming
the safe arrival of these newcomers into their traditional territories.[5] In addition, refugee rights
groups as far away as Toronto and Montreal dropped banners that read, Welcome Tamil
Migrants.[6]
These differing responses echo the division in sentiments across Canada regarding the mass
arrival of racialized[7] refugees such as these Tamil refugees. The responses further fueled a
heated debate about Canada’s refugee determination system. Even further, these reactions reflect
the complex relationship that still exists between First Nation peoples and the Canadian state,
spurring a conversation not only about current immigration policies but also about the long-term
consequences of white settler colonialism.
RACE, LAW AND COLONIALISM
Sherene Razack, a critical race theorist, argues that a national mythology is generated and
propagated through laws that portray white European settlers as the original inhabitants of the
nation through a “disavowal of conquest, genocide, slavery, and the exploitation of the labour of
peoples of colour”.[8] Western laws and legal institutions played an important role in the
establishment of colonial states in the first instance, in part through a disposition of indigenous
lands and peoples that continues to affect Canada and other white settler nations today[9].
Incentivized migration has historically been utilized as a tool to populate or settle colonized land
with white Europeans and, both during and after this process, to perpetuate the myth of the white
nation state.[10] Migration laws have also paved the way to exploit racialized labour in the
process of nation building by regulating foreign arrivals.[11] Such systems within Western laws
may limit the rights of indigenous peoples and racialized immigrants.
The mythology behind the white settler colonial state that Razack speaks of is in fact a form of
creation myth. Western laws are used to not only deny the history of genocide, racism and
slavery as part of the nation-building project of the past, but also to continue to justify the
modern state’s existence and its racist present. Such a mythology often relies on new myths to
maintain and sustain the original myth. Over time these myths become regarded as truths when
they are institutionalized within an official version of the law, and by other social institutions.
The institutionalization of a policy of multiculturalism in Canada reveals one such new
myth. As Nandita Sharma argues, the discourse of multiculturalism in present day Canada
legitimizes discourses that both “obliterate the distinctions between colonizers and immigrants”,
and “conflate the process of colonization with that of [all] migration”.[12] One rhetorical tool
bound up in this discourse is the slogan “we are all immigrants”[13], which seeks to erase
indigenousness and the racial inequalities of migration policies by equating the experiences of
white Western European migrants with those of differently racialized migrants.[14] This effort
also conflates the experiences of different types of migrants, ignoring the important distinctions
between immigrants and forced migrants, such as refugees. As Sharma indicates, the result of
such a discourse is the depoliticization of “the process of constructing a racialized Canadian
nation state though colonial practices.”[15]
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Those who study Canada’s history will observe that the Canadian nation state was established
and sustained though a legal system based on racial hierarchy. There are numerous instances of
this, and migration laws are only one example. In examining the historical institutionalization of
racism in Canadian law Constance Backhouse writes that “[i]mmigration laws shaped the very
contours of Canadian society in ways that aggrandized the centrality of white power”[16]. In the
modern state, maintaining controls and restrictions on borders becomes an important and
essential component of the nation state’s identity. The ability to exercise control over borders
affirms and asserts the nation state’s sovereignty, with the exclusion of undesirable migrants
being a critical tool for the regulation of racialized migration. In Canada, there are many
examples of exclusionary migration policies and laws that have been implemented throughout its
history, such as the continuous journey regulation, the Chinese Head Tax and Exclusion Act, and
the refusal to allow the SS St. Louis carrying Jewish refugees fleeing Nazi concentration camps
during World War II to enter a Canadian port. We also see this actively taking place in present
day Canada through the government’s agenda on immigration and refugee reform–in particular
the efforts to drastically alter the refugee determination system after the arrival of the two boats
of Tamil asylum seekers.[17] We see this effect trickling into the fabric of social institutions and
Canadian society’s treatment and policies towards Aboriginal peoples and racialized migrants.
COMPARING REACTIONS TO THE TAMIL PROTESTS AND IDLE NO MORE
Two movements will be used to illustrate the multiple facets of race, colonialism and the law in
the context of migration by examining how the myth of colonial nation-building continues in the
present day through the subjugation of Canada’s indigenous peoples and stigmatization of
racialized asylum seekers. The first example examines the responses to the months of
demonstrations by Tamil Canadians to raise awareness of the humanitarian situation in the
Tamil’s homeland. The second example explores the discourse surrounding reactions by some
members of the Canadian public to social movements organized by First Nations peoples in
Canada under the banner of Idle No More.
While these are two distinct forms of social movements with different objectives, from
differently marginalized groups, there are also similarities within the movements and their
reception by members of the Canadian public and officials of the state apparatus. This paper
largely examines online commentary and reaction to the Tamil protests and the Idle No
More movement. Online sources were examined both because of the widespread availability of
such communications, and the anonymity of online technology that may allow for racist
sentiments to be overtly displayed without fear of repercussion.[18] There are limitations to
examining only this form of public sentiment, and methodological questions might arise around
anonymity and sample bias in a more thorough treatment of this topic. Nonetheless, this brief
discussion concerning the prolific amount of online commentary that used racist
characterizations of the groups represented in these social movements is warranted, and has the
potential to be expanded in the future.
THE WINTER OF TAMIL PROTESTS
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Beginning in January 2009, in response to the humanitarian tragedy that was unfolding before
their eyes, Tamil Canadians organized protests, rallies, and demonstrations to draw attention to
the civil war between the LTTE and the government of Sri Lanka.[19] These protests were
organized by a cross-section of Tamil Canadian community organizations, and took various
forms in locations from coast to coast. One group of protesters camped out across the street from
the U.S. Consulate on University Avenue in Toronto for several months, including weeks after
the armed conflict was declared over in May 2009.[20]
After several months, culminating in the occupation of the major artillery highway, the Gardiner
Expressway, on Mother’s Day 2009, the Tamil protestors began to be viewed with increasing
hostility.[21] When the LTTE was militarily defeated by the GOSL in mid-May 2009, the Tamil
Canadian protests dwindled, although a small, dedicated group of protestors continued a steady
vigil for weeks at University Ave.[22]
Public reactions to the Tamil Canadian protesters were often mixed, as expressed in online news
articles and commentary covering the protests.[23] Some members of the public believed that
the Tamil protesters had a right to peacefully express their opinions.[24] Others felt that the
protesters were in fact breaking the law by impeding traffic flow with their demonstrations and
favoured an approach that would shut down the protests entirely.[25] Some of those voices who
were critical of the protesters included racist expressions that echoed a colonial discourse. [26]
The Tamil Canadian protesters were portrayed and perceived as being pre-modern, uncivilized,
and barbaric in a number of online comments. They were often associated with their
counterparts back home (the LTTE), who were also characterized as primitive and barbaric. This
was especially the case concerning the blockage of the Gardiner Expressway, which was viewed
with extreme hostility by some Torontonian commenters. This is vividly displayed in response
to a moderated blog posting about the Gardiner Expressway being blocked:
…these people need to compose themselves in a proper manner if they want to get
anything across to the government. On that note, from the footage I have seen on the
news websites, these Tamils are BARBARIC!!!!! in that case I agree that some of them
need to get arrested or at least get a ticket.
Comment by canadian chick[27]
Comments such as these were also common on news talk radio, in letters to the editor, in online
comments responding to news articles, and in statements made to protesters and reporters
covering the protests.[28]
Public comments made during the Tamil Canadian protests expressed racist sentiments about
Tamil Canadians. For example, many public comments stated that the protesters were bringing
their baggage to Canada, and that they should go back to where they came from.[29] These
comments ignored the fact that many of those who were protesting were young people who were
born and raised in Canada and had never even been to their parent’s homeland.[30] This
reaction may be interpreted as part of a national myth wherein it is reinforced that Tamil
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Canadian protesters and the larger Tamil Canadian community are not considered authentic
Canadians because they have an attachment to their (or their parents’) homeland.
THE IDLE NO MORE MOVEMENT
While the discourse around the Tamil Canadian protests at times invoked a belief that protesters
should return home or stop bringing their homeland’s conflict into Canada, much of the
discourse surrounding the First Nations Idle No More movement ignores the fact that First
Nations peoples were the original inhabitants of Canadian land.
The Idle No More movement emerged in 2012 and was a grass-roots movement sparked by four
First Nations women in Saskatchewan. They held teach-ins to educate the community around
omnibus bills, such as Bill C-45, which impacts indigenous treaty rights and territories by
making it easier for the federal government to take control of reserve land and otherwise affect
land management.[31] First Nations communities across Canada were not consulted on these
proposed legislative measures and sought to meet with political leaders in the federal
government so that their concerns could be heard. The Idle No More movement’s message
spread to other First Nations communities across Canada and sparked a national and
international movement.
Similar to the Tamil Canadian protests, the Idle No More movement took various different forms
across the nation. The movement included flash-mob dances, a liquid-only hunger strike by
Attawapiskat Chief Teresa Spence, and blockades of railway lines and bridges to express
frustration with the lack of consultation with First Nations communities about matters
concerning their governance.[32]
Similar to the Tamil protests, the Idle No More movement at first intrigued some members of the
public via the media attention it received. Social media campaigns helped spread the message
of Idle No More, sparking the aforementioned similar movements.[33] However, as the
coverage of the movement’s activities faded in the media, so did its impact on the public
consciousness. Yet, the Idle No More movement continues to educate the public about the
continued colonization of the indigenous peoples in Canada.[34]
A similar racist and colonialized discourse was also evident in examining the public reaction to
the Idle No More movement. Indigenous protesters, like the Tamil Canadian community, were
also characterized by their otherness. Many of the comments and reactions from the public to
the Idle No More movement relied on racist stereotypes of First Nations peoples. Some reactions
to the Idle No More movement also portrayed the First Nations protesters as being “terrorists in
their own country”.[35] First Nations peoples were also often characterized as being lazy,
unproductive members of society that are a drain on public resources.[36] For example, in
response to a news article on the Idle No More protests, a commenter stated:
Idle no more/occupy movement or whatever. Makes no difference. It’s time [for] folks to
get real. Participate in Canadian life. Cut the welfare nation.. GET a job, pay taxes. And
contribute.
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Comment by Mach1[37]
In addition, many online commenters stated that the authorities were slow to respond to shut
down the Idle No More activities and argued that had the protesters been white Canadians, the
police would have used force.[38] In fact, several commenters on an online news item echoed
the rationale of an Ontario Superior Court Judge who expressed dismay at the provincial police
for being passive.[39] An online commenter exemplary of this sentiment stated:
We have laws against blockading roads, railways and bridges. We all know what would
happen if a bunch of non-natives tried to block them for political reasons.
Comment by Mike Miller[40]
This discourse insinuates that the police were unable to take appropriate actions because the
protesters were racialized in a way that meant their treatment as protestors was different from
that of white Canadians. Similar comments were also made during the Tamil protests and police
were criticized by some members of the public for failing to take stronger and swifter measures
to clear up the Gardiner blockage. One online commenter linked the Tamil Canadian protest on
the Gardiner Expressway to the Idle No More protest on a railway line stating:
Since Chris Lewis (the coward OPP commish) came out yesterday and basically told the
natives that they can do whatever they want, this will get nasty. Just like the Tamils that
shut down a major highway in Toronto while the cops stood there and watched.
Comment by A-Chord[41]
In comparing the reaction to these two different social movements, the Tamil Canadian protests
and the Idle No More movement, issues of race emerge as an important point of analysis.
CONCLUSION
First Nations peoples and other racialized migrants challenge the status quo and mythology of
the white settler colonial state in Canada, especially through the social movements they organize
around issues that affect them deeply. Through public protests and demonstrations, these groups
raise awareness, within larger Canadian society, of the Canadian government’s failures to
adequately address their legitimate concerns and grievances. First Nations peoples and other
racialized migrants also have a commonality in their experiences when Canadian laws and
policies continue to delegitimize their status and the public, as expressed above, questions their
right to do so. Strong alliances between First Nations peoples and other racialized migrant
communities must continue to be forged, lest the Canadian state succeed at a divide-and-conquer
strategy wherein racialized migrants do not see their commonality.[42] It is especially important
for new racialized migrants to be aware of and understand the history of colonization, genocide
and slavery that formed the basis of the present Canadian state that is excluded from most
official versions of history and the law.
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Multiculturalism, immigration, and humanitarianism all form an integral part of the mythology
of Canada’s national story. Canada prides itself as being an immigrant country and promoting
humanitarian values through what it perceives as a generous refugee protection program. Despite
restrictions and exclusions placed on migration throughout its history, the Canadian immigration
system has led to the diversity of present-day Canada and sets the stage for its multicultural
polices. However, imagining Canada as a fully humanitarian nation ignores periods of
inhumanity, such as the genocidal treatment of First Nations peoples, anti-Asian immigration
laws such as the Chinese Head Tax and Exclusion Act, and the internment of thousands of
Canadians of Japanese, Italian and German decent during World War II. More recently,
however, Canadian humanitarian values are being undermined by ideological reforms to
immigration and refugee programs and a failure to address self-governance issues regarding
First Nations peoples. Protest movements by First Nations communities and Tamil Canadians
challenge these government policies and advocate for more inclusive policies. The narrative of
Canadian multiculturalism and humanitarianism is clearly tested by the underlying issues fueling
events such as these protest movements.
[1] Buerk, Roland. “Sri Lanka ceasefire formally ends” BBC News: 16 January 2008. <http://news.bbc.co.uk>
[2] United Nations. Report of the Secretary-General’s Panel of Experts on Accountability in Sri Lanka. 31 March
2011. <http://www.un.org>
[3] Quan, Douglas. “Two years on, MV Sun Sea migrants still moving slowly through the legal pipeline”. The
Vancouver Sun: 18 May 2012. <http://www.vancouversun.com>
[4] “Protesters gather in Victoria to protest the arrival of MV Sun Sea” News1130 14 August
2010. <http://www.news1130.com>
[5] Anandasangaree, Gary. Panel Discussion at Tamil Studies Conference. Toronto: 14 May 2011.
[6] “Toronto Welcomes Tamil Migrants” Noone is Illegal Toronto 21 August
2010. <http://toronto.nooneisillegal.org>
[7] The term racialized is used throughout this paper to denote the process of attributing, constructing and producing racial categories upon non-Aboriginal peoples of colour, and “the attendant experience of oppression as opposed to
the seemingly neutral use of the terms ‘visible minorities’ or ‘racial minorities,’ which have the effect of masking
the oppressions.” Galabuzi, Grace-Edward. Canada’s Economic Apartheid: The Social Exclusion of Racialized
Groups in the New Century. (Toronto: Canadian Scholars’ Press, 2006) at xvi, note 1.
[8] Razack, Sherene. Race, Space, and the Law: Unmapping a White Settler Society (Toronto: Between the Lines,
2002) at 2.
[9] Ibid.
[10] Ibid.
[11] Ibid.
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[12] Sharma, Nandita. “Canadian Multiculturalism and its Nationalisms” in Home and Native Land: Unsettling
Multiculuralism in Canada (Toronto: Between the Lines, 2011) at 86.
[13] Ibid.
[14] Ibid.
[15] Ibid.
[16] Backhouse, Constance: Colour coded: A Legal History of Racism in Canada, 1900-1950: (Toronto: Osgoode
Society for Canadian Legal History, 1999) at 15.
[17] In February 2012, the Canadian government introduced Bill C-31, Protecting Canada’s Immigration System
Act, an omnibus immigration bill that refugee rights advocates argue has created “a two-tier system of refugee
protection in Canada.” Canadian Council for Refugees: <http://www.ccrweb.ca>
[18] Tien, Lee. “Who’s Afraid of Anonymous Speech – McIntyre and the Internet” 75 Or. L. Rv. 117 (1996) at 119.
[19] “Tamil protesters urge Ottawa to help stop war” Toronto Star, 21 April 2009. Available
online: <www.thestar.ca>
[20] “Tamil Protest will keep part of Toronto’s University Avenue closed indefinitely” CBC News (29 April 2009)
Available online: <http://www.cbc.ca>
[21] Goldstein, Lorrie. “Protest backlash unearths racism” Toronto Sun: 14 May, 2009. Available online:
<http://www.torontosun.com>
[22] Bonnar, John “Toronto Tamils continue protest outside U.S. Consulate” Rabble.ca 20 May 2009. Available
online:< http://rabble.ca>
[23] — “More voices on Tamil protests” Toronto Star: 13 May 2009. Available online: <http://www.thestar.com>
[24] — . “Tamil protest winds down peacefully” Toronto Star: 13 May 2009. Available
online: <http://www.thestar.com>
[25] Ingram, Mathew. “Tamil protests: Free speech or illegal outrage?” The Globe and Mail: 11 May 2009.
Available Online: <http://www.theglobeandmail.com>
[26] Goldstein, Lorrie. “Protest backlash unearths racism” Toronto Sun: 14 May 2009. Available online:
<http://www.torontosun.com>
[27] Micallef, Shawn. “Tamil Protest: The taking of the Gardiner Expressway” Blog: SpacingToronto, 10 May
2009. Available online: <http://www.spacingtoronto.ca>
[28] Thurairajah, Kalyani. “The Narrative of Cultural Identity: An Opening for Collective Action among the Sri
Lankan Tamil Diaspora in Toronto” Working Paper: June 2009. Available online: <<http://www.inter-
disciplinary.net>.
[29] Supra Note 18.
[30] Supra Note 28, at 7.
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[31] — “9 questions about Idle No More” CBC News: 5 Jan 2013. Available online: <http://www.cbc.ca>
[32] —. “Idle No More protests irritating to some, inspiring to others” CBC News: 28 Dec 2012. Available
online: <http://wwwww.cbc.ca>
[33] Canadian Press. “Idle No More spreading beyond Canada’s borders” CBC News: 1 Jan 2013. Available
online: <http://www.cbc.ca>
[34] Warren, Jeremy. “Idle No More hosts flash mob during Canada Day celebrations in Saskatoon”. The Star
Phoenix: 1 July 2012. Available online: <http://www.thestarphoenix.com>
[35] Canadian Press. “Idle No More: Manitoba newspaper gives thumbs-down to corrupt, lazy Aboriginal
‘terrorists” Toronto Star: 16 Jan 2013. Available online: <http://www.thestar.com>
[36] Ibid.
[37] Davidson, Terry. “Idle No More protests at the Toronto Sun.” Toronto Sun: 19 Jan 2013. Available
online: <http://www.torontosun.com>
[38] For example, an anonymous commenter to a news item on the Idle No More protests stated “Simple solution:
Arrest people taking part in illegal actions, no matter what race or religion they are.” Comment by TOGuy13 in
Galloway Gloria and Oliver Moore. “Idle No More protests, blockades spread across country” The Globe and Mail:
16 Jan 2013. Available online: <http://www.theglobeandmail.com>
[39] Blactchford, Christie. “Judge slams Ontario police for not breaking up Idle No More protests” The National
Post: 7 Jan 2013. Available online: <http://news.nationalpost.com>
[40] Ibid.
[41] Ibid.
[42] Progressive Tamil Canadian organizations and activists have had longstanding alliances with First Nations
communities in Canada. Recent solidarity actions include First Nations groups who attended the Tamil protests and
a teach-in with Tamil community members. “6 Nations/Tamil Activists Publish Joint Solidarity Statement” (2013).
Available online: <http://basicsnews.ca/2013/01/6-nations-tamil-activists-publish-joint-solidarity-statement>
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Allison Magpayo is an
undergraduate student at York
University, where she also works
as a research assistant in the
York Centre for Asian Research.
She is concurrently enrolled in
York’s Refugee and Migration
Studies Certificate and is
preparing her honors dissertation
on the diasporic discourses of
Filipino domestic workers in
Israel. She will be starting the
Masters program in Human
Geography at York University in
the fall of 2013.
Martina Vodikcova is a student
at Masaryk University in Brno,
Czech Republic, where the focus
of her PhD concerns the
educational system for refugee
children in the Czech Republic.
Until recently, she worked as a
social worker at the SOZE
organization. She continues her
practical work on behalf of
migrants as the coordinator of
the project “The increasing of
learning and professional
perspectives of children and
young people from socially
disadvantaged backgrounds”.
Since 2009 she has worked as an
assistant within the Department
of Social Pedagogy (Masaryk
University in Brno, Czech
Republic).
Discussion Series (Volume 1) How, Why and With Whom?
In the first Discussion Series, the New Scholars Network
asked the following scholars and practitioners–ranging from
undergraduates to established professionals–about how they
entered the field of forced migration. The following nine
individuals gave us insight into their personal connections to
the work they have done and hope to do, as well as their
professional aspiration and advice on doing meaningful work.
How did you enter the field of refugee studies?
Guiomar Acevedo López: Coming from a Spanish Civil War
Refugee family, my life and my work have always been
deeply bound to the everyday experiences of exile-hood…
My scholarly work points to the crosshatching of the familial
and the historical analysis of forced displacement.
Allison Magpayo: One day while on vacation in Beirut in
2009, my friends and I decided to grab a cab to find a nearby
beach. A combination of road closures, unfamiliarity with the
area, and a chatty cab driver landed us as far away from the
beach as possible, smack dab in the middle of a Palestinian
refugee camp. While I’m embarrassed to admit it, at that time
I had never really given much thought to the Israeli-
Palestinian conflict nor the status of refugees in
general…When I got home I began to do research. Soon I was
noticing refugee issues, people, and places where I hadn’t
noticed them before: my new boyfriend casually remarked
that his father worked in a refugee welcome centre; an old
friend expressed surprise, “Didn’t you know my family and I
Refugee Review: Social Movement Volume 1, September 2013 E-Journal
75
Dr. Andrea Pacheco Pacífico is
Associate Professor of
International Relations (with
emphasis on forced migration
and refugee issues) at Paraiba
State University, Brazil, where
she co-founded and leads the
Study and Research Centre on
Environmentally Displaced
Persons (NEPDA).
Guiomar Acevedo López is a historian born in 1984 and living in Mexico City. She graduated with distinction from the Universidad Nacional Autónoma de México (UNAM) and is currently obtaining an MA
degree from El Colegio de México. Her work focuses on the historical analysis of social disruption processes and forced displacement in the twentieth century. She has studied both Spanish and Bengali cases of these phenomena and is the author of Entre memoria y
olvido: ochenta años del pasado contemporáneo español (Between Memory and Oblivion: Eighty Years of Contemporary
Spanish Past).
fled here as refugees?” For me all this signaled something
very important—the status of refugees affects us all. After that
summer I went back to school.
Martina Vodikcova: I entered the field about 9 years ago as a
volunteer for the NGO Nesehnuti which was organising
leisure activities for refugees in refugee camps in the Czech
Republic. Then I had refugee issues as my main topic in my
Master’s thesis at the university. Now, I still study migration
issues during my PhD. studies (the topic of my PhD. thesis is
the education of the refugee pupils in the Czech Republic). I
still cooperate with the Czech NGO´s on the campaigns for the
public, and I still work with the migrant kids during their
leisure times.
Brittany Wheeler: I entered the field very gradually. I had
been working in the museum field for a few years, on the
educational and interpretive end, and became more actively
interested in issues of migration when I spent time interpreting
an exhibit on Colonial slavery in the United States. I became
very interested in finding parallels to modern society, and
often talked to visitors at the museum about social justice in
past centuries and now. In conjunction with this, I one day
came across an employee page for an interesting organization,
and found a woman who had studied Forced Migration at the
University of the Witwatersrand in Johannesburg. It was
suddenly quite clear that I should start hunting the
administrator of this programme, and find out what I could
about this new direction.
Edward Ou Jin Lee: My first experiences supporting
refugees was when I met a gay refugee claimant while I was
living in Calgary. This refugee spoke about his experiences at
an LGBTQ (Lesbian, Gay, Bisexual, Trans, Queer) human
rights conference and his story really impacted me. A few
months later, I moved to Montreal to pursue my masters in
social work. I ended up being hired as a research coordinator
for an LGBTQ refugee research project. Interestingly, I
continued to assist this gay refugee claimant and even
participated in a long term campaign for him to gain residency
through an H & C (Humanitarian and Compassionate) permit,
after he was initially refused in his refugee claim. Five years
after I met him and six years after he arrived in Canada, his H
& C was finally accepted!
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Edward Ou Jin Lee is the Research Coordinator at the Speak Out! LGBTQ Refugee Research Project, a doctoral candidate at the McGill School of Social Work, and a board member of Action LGBTQ with
Immigrants and Refugees (AGIR).
Brittany Wheeler is the Repatriation Specialist at the Field Museum of Natural History in Chicago and part of the Executive Committee of the New Scholars Network. She holds a Master’s degree in
Forced Migration Studies from the University of the Witwaterand in South Africa in 2011, conducting research on the repatriation of migrant bodies in the U.S. and South Africa and assisting with the facilitation of
the Hotel Yeoville Project.
Amna Arabi is a Senior Protection Assistant for the UNHCR in Khartoum, Sudan. She can be reached at [email protected]
Danielle Grisby: Through a series of fluke events. While
tenured in Moscow teaching theatre to Russian students, I
began to work with refugees and forced migrants from outside
the CIS (Commonwealth of Independent States) who were
living in temporary accommodation centres and pseudo
refugee camps north of Moscow city limits. Never before had
I experienced people so complex, work so nuanced and
interesting.
Oana Petrica: In September 2006 I arrived from Romania to
Canada to start a PhD program in Women’s Studies.
However, like many other Romanian colleagues, pursuing a
graduate degree in Canada is just a safer and easier means of
actually migrating there. As a female migrant studying in the
School of Women’s Studies, I thought I would find a feminist
network of support right there in the department between my
community of women. Surprisingly, it wasn’t the case.
Although there was some curiosity in getting to know me,
there was also lots of cornering on the grounds of my ‘white’
Eastern European, and supposedly ‘privileged’
background…In the field of refugee studies I found other
migrant women for whom the experience of migration or
refugee[hood] centrally structured their life, and through
whose generosity and care I became integrated into a work
and study community.
Amna Arabi: I started some free reading on refugee studies
while I was working for The Sudanese Popular Committee for
Relief and Rehabilitation (SPCR) in Nyala, South Darfur in
2004. Then I had the opportunity of working with UNHCR in
community services and protection sections since 2008. The
daily interaction with refugees and forced migrants has
encouraged me to research more in-depth on what are the
gaps between the needs met and the ones remaining, unmet?
And what can be done to better address these gaps?
Andrea Pacheco Pacífico: I had never heard about the
refugee dilemma before 1998/1999, when, though being a
lawyer, I moved to the UK to study my LLM/MA at
Lancaster University. There, I took a course on Politics and
IR in the Middle East and was introduced to the Palestinian
refugees’ dilemma…Two years later, in early 2002, I moved
to Brasilia, the capital of Brazil, to start my PhD in
Comparative Studies in the Americas at the University of
Brazilian, with the aim to do my research on the integration of
refugees in Brazil, particularly Muslim refugees… Some
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Danielle J. Grigsby has over a decade of practical and academic
work in the field of forced migration. Grigsby’s prior experience spans the realm of direct-service provision to urban forced migrants in Moscow, Russia; education development in South Africa; resettlement policy in the USA; and refugee-
rights activism in Thailand and the Asia Pacific. Grigsby is a current PhD Candidate in Political Thought with emphasis in Migration; she holds a Masters in International Social Welfare, and a certificate in Forced Migration Studies from
Oxford University. Grigsby’s original research on service delivery models for urban forced migrants in hostile environments is published in several journals, and has presented at a plethora of conferences across the globe.
Oana Petrica is a PhD candidate (ABD)in the School of Gender, Feminist and Women’s Studies at York University in Toronto. She is finalizing a thesis that applies a feminist critique of the current brain drain phenomena by examining
Romanian women’s role among highly skilled Romanian migrants to Canada. Her research interests include international migration, refugee issues, feminist political economy and transnational feminism.
other opportunities came to me after taking the 2004 Summer
Course at the Oxford University Refugee Studies Centre, the
six-month period as a visiting fellow at York Centre for
Refugee Studies in 2007, the twelve-month Post-Doctorate at
York Centre for Refugee Studies in 2009, and a twelve-month
period as a visiting research fellow at Oxford University
Refugee Studies Centre.
Kataryna Patsak: I have for a long time been passionate
about human rights. While I myself have not experienced
anything even close to any of the hardships that refugees face
I can identify with perhaps a certain aspect which is migration
as I immigrated to Canada from Ukraine. I had come to
Canada when I was around 8 and had found the transition
rather difficult and for some time had remained hopeful that
we would go back home. Remembering this inspires me to
not only academically venture further into the field of
refugee and migration studies but to also volunteer and lend
my time and effort to programs and organizations which aim
to help those who may be facing such hardships in their
recent move to Canada whether it be voluntary or forced.
Do you think particular fields of study or work experience
currently lend themselves to refugee studies more than
others?
Allison Magpayo: …With the implementation of new
security policies in the post 9/11 paradigm, migration has
become increasingly politicized. Thus, fields of study like
political science and law have become increasingly engaged
with refugee studies. However, fields as far ranging as health
studies and linguistics all lend themselves to working with
refugees and I have had the pleasure of meeting with students
in various disciplines who have honed their research to focus
on refugees and migration.
Brittany Wheeler: Once you are working in “a field” or have
“an expertise,” it is easy to lose sight of things around you, as
you bury yourself in your work. It’s important to always try
to recognize the stake others have in what you are doing.
Many museums, for example, are being created or re-defining
themselves to speak to social issues through their collections
or lack thereof. This overlaps with the field of migration in
some direct and some indirect ways. Though I wouldn’t
suggest that groups that have very divergent goals or lack
common ground and common goals force a relationship,
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well-managed relationships that are inclusive of the idea of sharing insights, theory or practice
that crosses fields can be crucial to growth.
Danielle Grigsby: I am one of the first social workers most forced migration academics have
encountered while presenting at conferences, or via my original research and publications.
While not alone, my background makes me something of a minority in the academic side of this
field. However, social work allows me, academically, to conduct original research, present my
findings and then ask the, often times crucial, “so what” of my results. It is the “so what” that
can be used to influence policy, service delivery, etc.
Oana Petrica: I still think that there are huge gaps between all the elements involved in the
refugee process. There is lots of communication that needs to be done, and lots of room to look
for more partnerships and building up more connections. …In my opinion, the education system
needs to do better in terms of training and developing more ethical imaginaries and much more
compassionate subjectivities that are more connected to human rights and social justice issues,
especially in the fields of science and engineering as well as business degrees.
Andrea Pacheco Pacífico: Yes, of course. The refugee
dilemma is not new, though the current refugee regime
(rules, norms, procedures and institutions) have been
created after the World War II. The problems seems to
be the same: people are persecuted, are forced to leave
their country of origin, need permission to enter
another country, need local and international assistance
to be adjusted and integrated in the host place and have
their basic human rights protected wherever they are
settled.
Kataryna Patsak: I believe that through using critical
reflexivity academia may advance the field of refugee
and migrations studies greatly. Just as I believe that all fields of study can lend themselves to
refugee and migrations studies, I also believe that almost all types of work experience can also
lend themselves to the refugee and migrations field.
What has been your greatest accomplishment so far? Can you also name some of the most
problematic challenges you have faced?
Danielle Grisby: I gain the most satisfaction from an international advocacy campaign I was
able to orchestrate through the Fahamu Refugee Legal Aid Network in the UK. This campaign
led to the resettlement of 16 Somali refugees who had been held, without status, inside a terminal
in an airport in Moscow for 15 months. It brought together advocates from the US, UK,
Switzerland, Russia, and Sweden and was orchestrated using blogs, emails, and telephone calls.
Martina Vodikcova: Nowadays, I work with refugees in the field of education. I’m always
happy when one of my clients finishes the grammar school or the university, when I can help
“There is a lot of work to be done, little
money to do it or to be paid to do it, and
it’s discouraging to see so many people
want to help, but not know how. This is a
continual discovery process–how to be
effective, and how to get on track to
begin with. It takes courage, dedication
and luck.”
Brittany Lauren Wheeler
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them with the difficult process of nostrification, because I think education is one of the ways for
their better future. The same issues are also the biggest challenges because sometimes the
bureaucracy is against you…
Allison Magpayo: I have been fortunate to be involved with several student conferences and
organizations dealing with refugee and migrant rights…I am very proud of my community
involvement and currently have the privilege of working with the YMCA Canadian Post-
Secondary Access Partnership (CPSAP) on a project designed to address how CPSAP can help
to increase post-secondary access and outcomes for refugee youth… One of the things I have
found challenging is balancing volunteer responsibilities, work, school, family, and social life.
Taking on too much, especially in a field which can be emotionally overwhelming, doesn’t
benefit anyone in the long run as your quality of work may be compromised and your health and
relationships may suffer…
Brittany Wheeler: Interacting with the city of
Johannesburg and turning my degree into something
more than an academic exercise or a cloistered foray
into a foreign country or continent was something that
felt like progress to me. I was able to work in a
migrant community on an art project with a great
group of people after simply being participatory on a
particular listserv. I conducted research that revealed
new information on community leaders from
numerous African nations in regard to repatriation,
and was funded to travel to Senegal to present my
research at a conference. I think the biggest challenge,
for myself and many others I know, is knowing what
to do in the field, and even more so, how to do it.
There is a lot of work to be done, little money to do it
or to be paid to do it, and it’s discouraging to see so
many people want to help, but not know how. This is a continual discovery process–how to be
effective, and how to get on track to begin with. It takes courage, dedication and luck.”
Oana Petrica: My greatest accomplishment in the field of refugee studies relates more to
gathering some people together and working for common purposes, whether that means activism,
advocacy, or research. For example, last year I organized a graduate student conference on
refugee issues at York University. It wasn’t anything of gigantic proportions or impact, but
young people got together and, for two days, unified their thoughts and energies into improving
the refugee system worldwide.
Andrea Pacheco Pacífico: My greatest accomplishments so far have been, on one hand, the
feeling of being helpful for refugees and asylum seekers and, on the other hand, their gratitude.
These vulnerable people know how to demonstrate their feeling even when they are under
pressure. To have access to their lives and problems and being able to assist those in need have
given me strength and power to struggle for a better life for refugees and asylum seekers in host
places as well as for improvements in domestic legislations where they are settled, making them
“…such a dialogue should not only
allow room to different academic
approaches, but also allow and
encourage the participation of
practitioners and refugees themselves.
By bringing together seemingly
contradictory narratives, which unfold
on terrains public as well as familial,
refugee studies can help vindicate deeply
significant and obscure histories, which
affect everyday realities.”
Guiomar Acevedo López
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feel like full citizens wherever they are. Additionally, I am proud of the accomplishments that
the Study and Research Centre on Environmentally Displaced People (NEPDA/UEPB) has
achieved.
Kataryna Patsak: Thus far I am relatively new to the field and am still at a learning stage. I
have volunteered with some initiatives and programs designed to help newcomers to Canada and
participated in conferences which had some discussion on refugee and migration issues.
Fortunately I do not feel as if thus far I have faced any major or notable challenges. Some of the
more minor problems or challenges that which I have come to face are: striking a balance
between the academic and non-academic field and doing what I believe to be meaningful work in
both, focusing or choosing only one field or area of study, or not being able to learn in an
interdisciplinary manner.
How do you see academic, practitioners, migrants, and refugee themselves working
together most adequately for a successful future? Do you have any practical examples?
Guiomar Acevedo López: My very own experience
tells me that in order to truly unravel the complexity of
refugee studies, a dialogue between disciplines is key.
But such a dialogue should not only allow room to
different academic approaches, but also allow and
encourage the participation of practitioners and
refugees themselves. By bringing together seemingly
contradictory narratives, which unfold on terrains
public as well as familial, refugee studies can help
vindicate deeply significant and obscure histories,
which affect everyday realities.
Amna Arabi: Academics continue to
provide…theoretical analysis [as] to the root causes of
the issue of refugee and forced migration, which with
no doubts has enshrined the field of refugee studies
with up-to-date knowledge and research…Practitioners
in the field have enormously contributed to the
protection of the refugees by providing valuable direct
assistance by implementing good practices, contested
at the field level and found to be workable to certain refugee’s situations. Refugees and migrants
have remained the central focus for both academics and practitioners envisioning their future to
better address their problem and enabled their voices to be heard! However many experts can
argue that refugees and forced migrants are not being fully engaged on the decision making for
the issues affecting their own lives and most of these proposed solutions have been made on their
behalf! The only way to interconnect the gaps between academics, practitioners and refugees
efforts is through building constructive partnerships… For example, a community-based
approach is one of the useful tools to build partnership within communities, practitioners and
policy makers.
“The only way to interconnect the gaps
between academics, practitioners and
refugees efforts is through building
constructive partnerships… For
example, a community-based approach
is one of the useful tools…”
Amna Arabi
“Ideally, it would be great if refugees
and migrants could participate directly in
the process of knowledge production.
For example, community-based research
projects usually have an advisory
committee that is made up of various
stakeholders, including refugees
themselves.”
Edward Ou Jin Lee
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Edward Ou Jin Lee: Ideally, it would be great if refugees and migrants could participate
directly in the process of knowledge production. For example, community-based research
projects usually have an advisory committee that is made up of various stakeholders, including
refugees themselves. Another kind of research process would be participatory action research
projects. ..However, it is important to acknowledge the importance of knowledge produced that
specifically addresses the legal and policy level of refugee studies.
Andrea Pacheco Pacífico: From my point of view, academic, practitioners, migrants, refugees,
as well as local governments and international organisations, such as the UNHCR, should be
closer partners and work closer to one another in order to improve protection and promote
human rights implementation. Migrants in general, as well as refugees and asylum seekers, need
to take an active role in the integration process before, during, and after moving.
Kataryna Patsak: I believe that there must also be focus placed on the means through which
refugees are created. Those which can be changed must be focused on. For example, in the
Development field there is a focus on natural resources and their role in fueling conflicts, which
displace many people and create many refugees. This focus then attempts to address the problem
through various means. It seems to be extremely important to look for both long term and short
term solutions to various problems as well as focus on local as well as global issues.
What advice would you give to new scholars or practitioners for inserting themselves into
meaningful work?
Allison Magpayo: I’m more used to seeking advice,
rather than giving it! Keeping up to date with relevant
issues and news (through lectures, listservs, etc) has
been crucial in maintaining ongoing engagement and
facilitating opportunities for meeting like-minded
people. I also encourage new scholars to go out on a
limb when it comes to volunteer work. Many
organizations are (sadly) underfunded and
understaffed. A willingness to learn coupled with a
respectful, yet persistent manner can open many avenues for collaboration or observation…
Danielle Grisby: Be creative! Be brave. Network! Read the work of today’s experts. Take
opportunities, and create your own when none arise. Pursue advanced degrees. Also, be
persistent!
Brittany Wheeler: Keep a very active ear to the ground. The more you do this, the more a habit
it will become. At the same time, know what you can handle, work-wise and emotionally, and be
present in what you do, rather than half-committed and uninformed. Send out emails to people
that you find interesting; so many people, even people that seem amazing and remote, will reply
to you (not all of them of course, but may well find yourself surprised). Keep defining and re-
defining what interests you and thinking about where it could apply. Find out what is happening
in different geographical areas—find out what is making people angry, what people are
accomplishing—and try to incorporate it into your worldview, your conversations and your
“Be creative! Be brave. Network! Read
the work of today’s experts. Take
opportunities, and create your own when
none arise.”
Danielle Grisby
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efforts. Try not to have the mentality that things are beneath you as you search and do actual
work; you can learn something from almost anything. Don’t apologize for your age, or feel
you’re too old to embark on something, but also don’t get wrapped up in yourself as a young
person that thinks they can do everything. No one else is going to do ‘it’ for you, and you’ll have
to do it over and over again. Endlessly adjust.
Oana Petrica: I would say it’s important to always
throw yourself out there for any opportunity that
might show up around. I mean, exposing oneself
might mean a lot of vulnerability, but also lots of
satisfaction and fulfillment (if it is a volunteer project,
or anything of that sort, do not be afraid to jump in).
Also, don’t be afraid that your age, gender, immigrant
status, foreign accent, or expertise are insufficient or
not good enough for what you want to pursue: don’t
be deterred by the ones who want to demean your
courage, energy, or your good will. You’re always
‘good enough’ for fighting your marginalization, or
acting in solidarity with the oppression of others!
Working in groups, and in solidarity is also important since you get to be confirmed in your
enthusiasm and actions, and don’t end up feeling lonely and isolated. Of an equal importance is
having time to take care of oneself at the end of a burdensome day. Being involved in refugee
and forced migration issues can be a burdening thing, so make sure you have time to pamper
yourself at the end of the day, or let others reward you with conversation, company, tea, etc.
Also, be sure to never forget that it’s in our hands to fight injustices, and that now more than ever
we can stand against them. Together!
Amna Arabi: I strongly advise new scholars and practitioners joining this field to uphold the
key principles including provisions of physical security and restoration of human dignity. It
involves supporting communities to rebuild their social structures by realizing their rights and
finding durable solutions. In order to master this field new scholars may need to consider linking
academics knowledge with practical working experiences at the field level to enhance the scope
of international protection.
I strongly advise new scholars and practitioners joining this field to uphold the key principles
including provisions of physical security and restoration of human dignity. It involves supporting
communities to rebuild their social structures by realizing their rights and finding durable
solutions. In order to master this field new scholars may need to consider linking academics
knowledge with practical working experiences at the field level to enhance the scope of
international protection.
Andrea Pacheco Pacífico: The first and main advice I would give them is to ally theory and
practice– that is, never stop studying and reading updated information published from official
sources, doctrine, field reports, legal norms, rules and procedures–particularly those regarding
their local workplace. Secondly, do as many courses as you can in different places, in order to
know how people from different places and with different backgrounds think about the same
“You do not need to publish only
academic papers, because your ideas are
the most important, particularly if you
are a practitioner and your daily
activities, challenges and experience will
make a difference for bureaucratic civil
servants and scholars doing research in
the field.”
Andrea Pacheo Pacífico
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issue, as well as to meet people and to establish links with future partners. Thirdly, I would say:
Publish! Don’t forget to publish your ideas, your experience, or your findings. You can publish
them orally, through presenting papers in seminars or conferences, or publish them in academic
journals or local websites. You do not need to publish only academic papers, because your ideas
are the most important, particularly if you are a practitioner and your daily activities, challenges
and experience will make a difference for bureaucratic civil servants and scholars doing research
in the field. Lastly, practice and observation are of paramount importance. In the end, never
forget those people you met during your career and helped you to be what you will be in the
future – or you are already today – since networks of cooperation and trust are at the top of any
personal and professional career.
Kataryna Patsak: Although I am a new scholar myself, I believe that it is important to use
personal experiences, strengths, and things which impassion you in order to immerse yourself in
meaningful work. It is also very important to not only actively participate in the academic field
but also to venture outside of it and interact with the practical field, which will allow you to see
and understand the realities which academics address.
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Discussion Series (Volume 2)
How Has Refugee Law Been Politicized?
YUKARI ANDO*
BRÍD NÍ GHRÁINNE**
HILLARY MELLINGER***
HARINI SIVALINGAM****
In the second Discussion Series, the New Scholars Network asked new scholars to contribute
their opinion to an international discussion around the question, How has refugee law been
politicized? With this question, we wished to examine the directions that refugee law and
legislation are taking around the world. In particular, we were interested in how new legislative
changes being intertwined with political, social and economic considerations. Does such a
consideration provide any answers to questions such as, Why may one group or claim be
designated as ‘bogus’ as opposed to another? Why are ‘safe third country’ agreements set up
between certain countries and not others? Who are the ‘desirable’ refugees and why?
*Yukari Ando is a Specially Appointed Assistant Professor at Osaka University, Japan. Her main research interest
is the principle of Non-Refoulement under the Convention against Torture, the International Covenant on Civil and
Political Rights and the European Convention on Human Rights. Before joining Osaka University, she served as a
programme adviser in the Cabinet Office of Japan. During this period, she was involved in the General Election in
Sudan in 2010 and the Southern Sudan Referendum in 2011 as an international observer.
**Bríd Ní Ghráinne is undertaking a Doctorate of Philosophy in Law at St. Antony’s College, University of Oxford.
Her thesis is supervised by Professor Guy Goodwin-Gill and its focus is on the relationship between refugee law
and the protection of internally displaced persons. Bríd also holds a BCL (International) and a Diploma in Legal
Irish from NUI, Galway, an LLM in Public International Law from Universiteit Leiden, and a Diploma in Legal
French from the Law Society of Ireland. She is the current coach of the University of Oxford Jessup Moot Court
team and prior to coming to Oxford, she worked as a legal trainee at the Irish Department of Foreign Affairs.
***Hillary Mellinger is currently a graduate student at George Mason University, where she is pursuing an MA in
political science. The focus of her research is on forced migration, comparative judicial systems, and international
law. Hillary received her BA in International Relations and Modern Languages from Beloit College. She intends to
pursue a PhD in political science.
****Harini Sivalingam is currently a PhD Candidate in the Socio-Legal Studies program at York University. She
obtained her LL.B. at Osgoode Hall Law School and was called to the Ontario Bar in 2006. Harini completed her
LL.M. in International Comparative Law at McGill University in 2009. Her research interests include immigration
and refugee law and securitization of borders.
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The Irish economy, formerly known as the “Celtic Tiger” was one of the largest success stories
of the recent boom. In 2008, however, Ireland entered into recession after 24 years of continuous
growth, which resulted in the collapse of the property market and what has been described as
“one of the most expensive banking crises in history”. Today, Ireland faces a 14.6%
unemployment rate (as of January 2013), harsh austerity measures, and widespread immigration.
Although Ireland has one of the lowest refugee
recognition rates in Europe, refugees and asylum-seekers
are seen as an unnecessary fiscal burden on a country
steeped in recession. This culture of resentment is most
evident in the headlines concerning asylum-seekers: most,
if not all, deal with what is portrayed as “excessive” or
“incredible” expenditure. Take, for example, the payment
of €89.5m to the owner of Mosney, a former holiday
camp providing accommodation for asylum seekers in
County Meath, in the east of Ireland. Another story
focuses on the payment of €620,000 to a lawyer for work
as a member of the Refugee Appeals Tribunal, which hears the appeals of asylum-seekers who
have had their claims rejected. Significantly, none of these large payments were made to asylum-
seekers themselves.
In stark contrast to these figures is the dire poverty facing the individual asylum-seeker. The
system of “direct provision” is described by the Reception and Integration Agency of the
Department of Justice as “full board and accommodation free of utility or other cost” intended
“to ensure material needs [of asylum seekers] are met”. This entails a weekly allowance of just
€19.10 a week for adults and €9.60 a week for a child. In 2012, more than 60% of asylum -
seekers had been dependent on “direct provision” for over three years. In addition, unlike other
EU countries, asylum-seekers do not have the right to seek work. The most disturbing aspect of
the system of direct provision, however, is that the weekly allowance has remained the same for
12 years – thus even when Ireland was riding on the crest of an economic wave, a family of four
asylum-seekers were living on less than €3,000 a year.
Change in legislation concerning asylum-seekers has been on the agenda, however. The failed
Asylum, Residence and Immigration Bill 2010 provided numerous reforms, including the
introduction of a single protection procedure, replacing the current two-step process whereby
subsidiary protection may only be applied for after an asylum claim has failed. Unfortunately,
the Bill neglected to address the system of direct provision. Considering that the system of direct
“The most disturbing aspect of the
system of direct provision…is that
the weekly allowance has remained
the same for 12 years – thus even
when Ireland was riding on the crest
of an economic wave, a family of
four asylum-seekers were living on
less than €3,000 a year.”
An Irish Perspective
Bríd Ní Ghráinne
Doctoral Candidate, University of Oxford
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Source:Immigration Bureau, Ministry of Justice (19 March 2013)
http://www.moj.go.jp/nyuukokukanri/kouhou/nyuukokukanri03_00094.html
provision remained unchanged in the boom years, it is unlikely that positive change is on the
horizon in the current economic climate and significant further expenditure on behalf of asylum-
seekers seems a no-go area insofar as the Irish politician is concerned.
The Immigration Bureau, Ministry of Justice, Japan has recently announced its 2012 data. 2,545
applications for recognition of refugee status have been submitted—a 36% increase compared
with 2011. 18 persons were granted refugee status—a 15% decrease compared with 2011. 1,738
persons filed an appeal when their requests were denied. The number of both asylum
applications and appeals were the highest they have been since the system was created in 1982.
The top ten countries of origin are: 1. Turkey, 2. Myanmar, 3. Nepal, 4. Pakistan, 5. Sri Lanka, 6.
Bangladesh, 7. India, 8. Nigeria, 9. Ghana, and 10. Cameroon. The highest number of applicants
have been from Myanmar for a long time, but in 2012, this shifted to applicants from Turkey.
The applicants from Africa, such as Nigeria, more than doubled, and Ghana did not even appear
the top ten in 2011.
What do these numbers tell
us? Which kind of messages
do we receive? Has the
Immigration Control and
Refugee Recognition Act
been politicised in Japan?
It is true that we must be
aware of the trick of
numbers, and that we must
take into account every
individual case and consider
whether s/he has met a well-
founded fear of persecution.
I feel, however, a little strange that the graph curves are not parallel—namely, why have the
number of persons granted refugee status decreased, while the refugee applications and appeals
have increased?
We cannot deny that Japan has been facing a critical period after the Great East Japan
Earthquake on 11 March 2011. What do the following economic numbers tell us?
A Japanese Perspective
Yukari Ando Specially Appointed Assistant Professor at Osaka University
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GNI per capita (in dollars)*
ODA (in millions of dollars)**
Unemployment Rate (%)***
2008 37,840 9,601 4.0
2009 37,580 9,457 5.1
2010 42,050 11,021 5.1
2011 44,900 10,831 4.6
Sources: *http://data.worldbank.org/indicator/NY.GNP.PCAP.CD
**http://www.mofa.go.jp/mofaj/gaiko/oda/shiryo/jisseki.html
***http://www.stat.go.jp/data/roudou/sokuhou/tsuki/index.htm
I am actually surprised
by this data, since
newspapers are often
telling us “How severe
the economic situation
is!” or that the
“Livelihood protection
subsidy has recorded
the highest numbers,”
etc. I can imagine that
many people have
almost the same
impression. Certain people in Japan tend to think: Why must we receive people from abroad,
while people in Fukushima are displaced due to nuclear power plants and are really suffering?
Why we must use money, while we need to reconstruct Japan after the tragic natural disaster?
Those people probably have an understanding of the situation only in specific areas or particular
regions of Japan, but are not considering the entire country. While we should be facing the
severe situation after the tsunami, this cannot be a justifiable excuse to exempt Japan from the
obligations of the 1951 Refugee Convention as a State Party. This example of the discrepancy
between applications for recognition of refugee status and the acceptance rate in Japan has made
me realise how mass media influences the image of events which is likely to establish the wider
public opinion. This consequently politicizes refugee policy and affects amendments of refugee
law or legislation in the future.
Another interesting phenomenon in Japan is the pilot
case of third country resettlement. Japan has received
several families (45 persons) since 2010 for 5 years as
a pilot project. This screening process is ad hoc, and it
is not an ordinary refugee determination process. 16
persons from three families, however, declined to
come to Japan under the third country resettlement
programme, and no one else came under the scheme
of third country resettlement in 2012. These three
families had participated in pre-departure/cultural
orientation outside of the Mae La Refugee camp in Thailand, and they experienced heightened
anxiety due to leaving their aged grandparents behind in the camp. Then, on 8th March 2013, the
Government of Japan broadened the concept of family, with the intention of broadening third
country resettlement. The initial concept of family included only the applicant, their spouse, and
their children. The current concept, however, includes parents and unmarried sisters and brothers
of the applicant and applicant’s spouse. Having said that, persons considered eligible for third
country resettlement are still limited to only those from Myanmar who stay at specific refugee
camps in Thailand, such as Mae La, Noh Poe or Umpiem Mai.
Although the number of persons settled through third country resettlement is not big, this is the
first third country resettlement project in Asia. The third country resettlement project is not based
“Another interesting phenomenon in
Japan is the pilot case of third country
resettlement. Japan has received several
families (45 persons) since 2010 for 5
years as a pilot project. This screening
process is ad hoc, and it is not an
ordinary refugee determination process.”
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on the Immigration Control and Refugee Recognition Act in Japan. It entirely relies on politics.
If Japan would like to take a role of leadership in Asia, Japan must take initiate good practice. It
might have the effect of broadening this to the other Asian countries. I hope it will have a
positive effect on a brighter future in refugee resettlement in the entirety of Asia.
Migration laws have historically been a means for nation states to regulate their population
levels as well as control migration into the country. These laws are often created, sustained and
reformed due to political, economic and social-cultural motivations and rationales. Asylum laws
concerning vulnerable refugee populations are at the most risk of being politicized by refugee
receiving countries around the world.
One recent trend in how refugee laws have been increasingly politicized is the
extraterritorialization of migration laws to screen out undesirable refugee populations. While
visas have historically been used to control who is allowed entry into states, Western nations
who receive large refugee influxes, such as Canada and Australia, have increasingly been
extending their migration laws outside the confines of their borders to monitor and regulate the
flow of refugees into their states.
There are two ways in which extraterritorialization of
borders is being executed in Australia. The first is
outsourcing the processing of refugees from the refugee
receiving state. The Australian government
implemented the Pacific Solution, a strategy to process
asylum seekers off-shore on small islands, some of
which were excised from Australia for the purpose of
refugee processing. Part of this strategy involved the
interdiction of boats carrying asylum seekers by
intercepting boats destined for Australia and diverting
them to small Pacific islands or third countries such as
Indonesia. More recently, Australia has undertaken
another form of extraterritorialization of its asylum laws by outsourcing its refugee resettlement
efforts to third party countries, such as Malaysia, through a refugee swap program. In exchange
for receiving unprocessed (and unwanted) refugees from Australia, Malaysia (a country that has
not signed the 1951 Geneva Convention on the Status of Refugees) will send refugees already
processed and approved by the UN into Australia.
The Extraterritoriality of State Responsibilities Towards Refugees: An Australian and Canadian
Perspective Harini Sivalingam PhD Candidate, Socio-Legal Studies
York University, [email protected]
“In exchange for receiving
unprocessed (and unwanted) refugees
from Australia, Malaysia (a country
that has not signed the 1951 Geneva
Convention on the Status of Refugees)
will send refugees already processed
and approved by the UN into
Australia.”
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Another method of extraterritorialization of migration laws is the extension of a state’s presence
into another state, as seen in Canada. These methods of border control measures have been used
in preventing refugee flows as well as enforcement. After its own experiences with unwanted
and unwelcomed boat arrivals of refugees, the Canadian government has increased its efforts to
prevent asylum seekers in transit from Southeast Asian countries from seeking refuge in Canada
by utilizing human smugglers. The Canadian government has dispatched senior boarder control
officials (CBSA), intelligence officers (CSIS), and law enforcement officials (RCMP) to
countries such as Thailand and Indonesia to assist local officials in dismantling operations that
attempt to transport asylum seekers aboard. Another example of the Canadian government’s
border control policies extending beyond its own national borders is an advertising campaign by
the Canadian government in Hungry to prevent or dissuade those intending to seek asylum from
coming to Canada because of its harsh climate. Finally, the Canadian government has also
undertaken outsourcing another aspect of its refugee processing to an international non-
governmental organization. This program encourages failed refugee claimants to voluntarily
return to their homeland by providing monetary incentives through the offices of the
International Migration Organization (IMO).
All of these programs have been extensively criticized by refugee advocates. These global
trends to prevent refugees from seeking asylum are both alarming and disturbing and go against
the spirit of the Geneva Conventions. These measures also reinforce the notion that the only
genuine refugee is one selected by refugee receiving states through their national refugee
resettlement programs. Refugees that arrive at the borders are perceived to be illegitimate and
bogus. These trends also highlight the presence of a two-tiered refugee system where rights and
protection are established by mode of arrival rather than the merits of their claims of persecution.
Extraterritorialization of migration laws results not only in the offloading of refugee populations
to other countries, but also in shifting state responsibilities for protecting vulnerable refugee
populations.
On May 6, 2006, The Spectator, a British magazine, featured a political cartoon of a judge
asking, “How does the prisoner plead? Innocent or asylum-seeker?”[i] Such a characterization
of asylum seekers exists within the US immigration system today. The US has sought to uphold
two goals – protecting national security and providing a safe haven to bona fide asylum seekers.
These goals are not mutually exclusive, yet US immigration law is phrased in such a way that
asylum seekers are often conflated with terrorists and consequently barred from accessing
protection from persecution.
Terrorist or Asylum Seeker? A U.S. Perspective
Hillary Mellinger George Mason University
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US immigration laws have traditionally barred from asylum those individuals who are or were
members of terrorist organizations, participated in terrorist activities, persecuted others, or
committed particularly serious crimes.[ii] However, following September 11, 2001, the US took
a much harder stance towards immigration. The USA Patriot Act of 2001 expanded the
definition of a “terrorist organization” by defining it as “any group of two or more individuals,
whether organized or not, which engages in, or has a subgroup which engages in, terrorist
activities.” [iii] The REAL ID Act, passed by Congress in 2005, further expanded the definition
of what constituted a terrorist organization or a terrorist activity. [iv] In addition, the REAL ID
Act barred anyone who provided “material support” to an “organization engaged in terrorist
activity” from being eligible for asylum. [v] These immigration laws are often referred to as the
“terrorism related inadmissibility grounds,” or TRIG.
These laws were written in a very expansive and all-
encompassing manner. For example, the definition of
“material support” is construed so broadly that it can
include almost any act – even those not traditionally
associated with terrorism. For example, a Burundian
refugee who had his lunch and four dollars stolen from
him by a rebel group was labeled as having provided
“material support” to a terrorist organization.
Similarly, child soldiers who were recruited and forced
into combat are also barred from asylum. Likewise,
freedom fighters — even those that collaborated with
the US in overthrowing a regime, or whose mission
was aligned with US foreign policy – are often deemed to be terrorists.[vi]
As a result of these broad and inclusive definitions, the USA Patriot and REAL ID Acts
produced the unintended consequence of limiting access to the asylum system by actual, bona
fide asylum seekers and refugees. [vii] As a 2006 New York Times article notes, “The number of
refugees admitted to the United States fell 23 percent this year [2006] because of provisions in
two antiterrorism laws… The laws, the USA Patriot Act and the Real ID Act, deny entry to
anyone who belongs to or has provided material support to armed rebel groups, even if that
support was coerced and even if the armed groups fought alongside American troops or opposed
authoritarian governments criticized by the Bush administration.”[viii]
These acts underscore the tension between safeguarding refugees and protecting national
security. Congress passed these acts in an effort to prevent terrorists from abusing the US
immigration system. In essence, however, these acts prevented many bona fide asylum seekers
from accessing protection from persecution.
This ongoing debate between national security and the security of asylum seekers and refugees is
all the more prominent in light of the Boston Marathon bombings on April 15, 2013. It is
important that we seek to safeguard national security in ways that are not to the detriment of the
very populations that US immigration law and the 1951 Refugee Convention seek to protect.
“For example, a Burundian refugee who
had his lunch and four dollars stolen
from him by a rebel group was labeled as
having provided “material support” to a
terrorist organization. Similarly, child
soldiers who were recruited and forced
into combat are also barred from
asylum.” [vi]
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[i] The Spectator, May 6, 2006. Found in: Bohmer, Carol and Amy Shuman, 2008. Rejecting Refugees: Political
Asylum in the 21st Century. USA and Canada: Routledge.
[ii] Human Rights First. 2002. “Denial and Delay: The Impact of the Immigration Law’s “Terrorism Bars” on
Asylum Seekers and Refugees in the United States.” Available at http://www.humanrightsfirst.org/wp-
content/uploads/pdf/RPP-DenialandDelay-FULL-111009-web.pdf, page 10 [accessed May 3, 2013].
[iii] INA §212(a)(3)(B)(vi)(III)
[iv] Human Rights First. 2002. “Denial and Delay: The Impact of the Immigration Law’s “Terrorism Bars” on
Asylum Seekers and Refugees in the United States.” Available at http://www.humanrightsfirst.org/wp-
content/uploads/pdf/RPP-DenialandDelay-FULL-111009-web.pdf, page 7 [accessed May 3, 2013].
[v] Nezer, Melanie and Anwen Hughes, 2009. “Understanding the Terrorism-Related Inadmissibility Grounds: A Practitioner’s Guide.” Immigration & Nationality Law Handbook. American Immigration Lawyers Association.
Available at http://www.ailawebcle.org/resources/Resources%20for%208-16-11%20Seminar.pdf (accessed April 8,
2013), Citing from the Immigration Act of 1990 (IMMACT90), Pub. L. No. 101-649, 104 Stat. 4978, §601(a)
(adding INA §212(a)(3)(B)) and §602(a) (adding INA §241(a)(4)(B))
[vi] Human Rights First. 2002. “Denial and Delay: The Impact of the Immigration Law’s “Terrorism Bars” on
Asylum Seekers and Refugees in the United States.” Available at http://www.humanrightsfirst.org/wp-
content/uploads/pdf/RPP-DenialandDelay-FULL-111009-web.pdf, page 6 [accessed May 3, 2013].
[vii] Nezer and Hughes
[viii] Swarns, Rachel L. 2006. “Terror Laws Cut Resettlement of Refguees.” September 28. New York Times.
http://www.nytimes.com/2006/09/28/washington/28refugees.html?_r=1 [accessed April 12, 2013].
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Interview: Migration and the Social Order
IAN WILLIAMS
As the New Scholars Network (NSN) prepared its journal dedicated to social movements and
forced migration, it reached out to the young and involved to hear their stories of what it was
like to be a part, or to attempt to be a part, of the study and work surrounding refugee and forced
migration situations. Ian Williams, who independently met two members of the NSN over the past
two years, is such a person. Currently, Ian is living and working in Brooklyn, NY while on leave
from a Master’s in Social Work program at Hunter College. Influenced by new social movements
such as Occupy Wall Street, he is keenly interested in rethinking the genealogy of community
organizing as taught and trained in its professionalized forms. (October 2012)
Ian can be contacted at [email protected].
How did you begin working with Somali refugees in Vermont?
I started working with Vermont’s Somali Bantu community when I was hired to work an
AmeriCorps*VISTA position in the summer of 2010. VISTA – Volunteers in Service to America
– is a domestic version of the Peace Corps, where participants live at the US poverty level and
work on anti-poverty projects.
I took the position with the Somali Bantu Community Association of Vermont, Inc. (SBCAVT),
knowing almost nothing about Somali or East African history and culre, but somehow qualifying
for it as someone who was familiar with the bureaucratic and social protocols relating to refugee
populations in the nonprofit sector. I did have my doubts about my kind of expertise being
transferable.
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The term cultural competency is thrown around quite a bit in the non-profit sector, and while it’s
a well-intentioned attempt to adjust programs and services to the varying life-worlds of different
cultural backgrounds, it is often deployed in service of liberal multiculturalism, an ideology that
ignores historical and structural causes of oppression – particularly capitalism, settler
colonialism, and white supremacy. I find it highly problematic, and frankly, disturbing when
difference is reduced to diversity.
What useful tools did you leave that experience with? Did it point you in a particular
direction for future work, or extinguish any old desires that you learned weren’t as useful
as you hoped?
I learned quite a bit about bureaucracy and professional-managerial culture, as well as the culture
of professionalized activism. I also learned about the history of resistance movements, theories
and values around community self-determination, and what James Scott calls the “hidden
transcripts” of oppressed peoples – that is, the things that occur and are said when those in power
are no longer present.[iii]
I added to this mix by sitting in on some courses at Concordia University, the focus of which was
to put academic research in service of radical activism. I wanted some background and context to
situate my work, and felt I needed some outside expertise to guide me through the incredibly
confusing and convoluted work world I occupied. Applying this analysis to my work, I found
that government and non-to-para-governmental agencies are incredibly hostile to critical analysis
– and in particular, the progressive, neoliberal “good governance” types that have flourished in
the Burlington [Vermont] area.[vi]. Equally, though, I learned quite a bit about how the formal
education I received as an undergraduate student, which is so effective at critical analysis, failed
to train me in a critical awareness of myself, and how I utilize that in community practice. [vii]
It was a time where I started to really reassess how I interacted and communicated with others,
and how I could work collaboratively in a community-based setting while still maintaining a
critical edge. It’s something I am struggling with, particularly now that I’m in social work
school. But in my earlier experience, I generally found organizations run by communities on the
margins of society – be they immigrants, people of color, low income, or some other kind of
marginalized social status – to be far easier to navigate as a worker. The hidden rules, rituals, and
etiquette of state-regulated organizations, given my own structural position as a white, English-
speaking male with a university education, seem far harder for me to operate within, and tend to
draw out my rebellious and anti-authoritarian tendencies. Probably this set the stage for me to
jump right into Occupy Wall Street.
How did you become involved in the Occupy Wall Street movement?
I heard rumblings about Occupy Wall Street from friends in activist and political circles –
generally anarchist, libertarian, and conspiracy theory-inclined friends seemed the most excited. I
had been involved in a few activist projects prior to OWS’s inception, primarily through my
then-partner – who at the time was working as a labor organizer – and the Vermont Workers’
Center. When it started, I watched some Livestream videos of arrests over the first weekend, and
noticed Occupy-related posts rapidly dominate my Facebook friend feed.[viii]
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Between some pretty serious changes in my personal life and a year of struggling against far too
many levels of government bureaucracy, I felt burned out and exhausted. At the end of
September 2010, I went down to Boston for the Right to the City Alliance’s (RTTC) annual
membership congress. Several thousand people marched on Bank of America’s Boston central
office, and then wandered into Dewey Square, where Occupy Boston was setting up its camp.
My curiosity piqued; after attending more actions with RTTC, I went back to Dewey Square and
stuck around for a General Assembly.
That moment blew me away, changing the course of my life. I knew the collective
communication and decision-making processes it incorporated – consensus decision making,
facilitation, and Open Space Technology – through my previous work and studies, but never
experienced something beyond small groups or trainings, often organized within strictly activist
circles, municipal bureaucracies, or classroom environments. Here, everyone could participate,
say what they wanted, and no one was a leader – at least, not in the sense that term usually
implies.[ix] After having some of the most inspiring conversations with strangers in years, I
knew I wanted more. I went home and back to work at the end of the weekend, and immediately
felt the ecstatic inspiration starting to slip in the banality of everyday life. That night I called up
some friends who were planning to go down to Zuccotti Park, quit my job, and got a bus ticket
for the next day.
I spent a week in Zuccotti Park – or, as it’s commonly known within the movement, Liberty
Plaza – while exploring all the nuances of this living, growing, pulsing entity that was hard to
make sense of. Every day was a new series of adventures, new information, new working groups,
another series of deep, honest conversations with complete strangers who felt like family, flash
conflicts with police and the authorities, and all of it felt both precarious and full of life. It felt
like the well-worn phrase of the Industrial Workers of the World: “building a new world in the
shell of the old.”[x]
After returning from NYC, I got involved in Burlington’s nascent Occupy group and found
myself swept up in starting a general assembly and planning an encampment. My lease expired,
and, to stretch my meager savings, I moved into the encampment and, after its eviction, onto
friends’ couches. I moved down to Brooklyn in late December to be more involved with Occupy
Wall Street. At that point I threw myself all the way into it, spending the winter and most of the
spring organizing and participating in a whole host of projects and actions in NYC and
Washington, DC.
Do you think that there are similarities and parallels between your work in refugee
resettlement and Occupy Wall Street?
To describe each – refugee resettlement (more broadly, contemporary forms of migration) and
Occupy Wall Street – as distinct entities ignores some of the shared histories of struggle that
such worlds have encompassed. The struggles of refugees, a particular classification of
immigrants – and here I think it’s important to refuse state definitions of who is legitimately
struggling and who is not, and therefore who deserves sympathy, solidarity, and aid – are tied to
the transformation of the world amid growth of global capitalism, a process that has spanned
centuries and significantly intensified over the past several decades.
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Today, human migration is more frequent than ever before in history. There are many
intersecting forms of displacement – economic, environmental, political, situations of protracted
war, and so on. States have responded to these crises through increased securitization, regulation
and control of borders, and increasingly sophisticated systems of regulating, tracking, detaining,
and processing immigrants. This has created policies that criminalize the very notion of
migration, or at least, migration that is not deemed legitimate by the state’s regulations – which
are absurd, illogical, and fail to correspond to people’s lived realities.
On the other hand, Occupy Wall Street’s genealogy is
incredibly complex and difficult to decipher, but I tend
to draw from David Graeber’s analysis of forms and
subcultures of neo-anarchist direct action organizing
that grew with anti-globalization movement.[xi] Given
that the state – in its present form, that of the nation-
state – is only a few hundred years old and human
social history is far, far longer, there’s little reason to
believe that currently dominant and popular forms of
collective social management are necessarily the best
or only possible options.
In that sense, current trends within refugee
resettlement are not at all different from current social
movements like Occupy Wall Street – both are, quite simply, people trying to redefine the world
around them to better suit their needs, in the failure of established institutions and figures of
authority to provide, and thus the failure of their moral legitimacy.
Do you find a parallel between the way in which the ‘Global North’ might disrupt the lives
and economies of its citizens (or its ‘underclass’) and the way in which persons in the
‘Global South’ are disrupted physically, socially and economically such that they become
refugees or displaced persons? Is this a useful way of thinking about things?
This is definitely a useful way to conceptualize things. The disruption of lives, and livelihood, of
marginalized populations is very much a systemic process, one that has only intensified through
global neoliberalization. Simon Springer, a geographer at the University of Victoria, wrote a
fascinating article on the variegations of this process throughout the world – that is, its uneven
and locally specific effects. Simon’s research has mostly focused on the role of state violence in
Cambodia during the post-transition years, and he’s made a number of interesting observations
about the relationship between NGO development policies and state violence.[xiv] The spread of
an American vision of democracy throughout the post-Cold War world brought with it a judicio-
political apparatus of market economies, embedded notions of property and social hierarchy, and
has engendered certain kinds of marginalization that simply didn’t exist before.
This marginalization through neoimperialist economic and political development policies has
displaced countless individuals. So have the ecological effects of resource extraction, climate
change, wars, and industrialization. Trade agreements, too, have led a chain of causal relations
between the actions of the Global North and the Global South, which has certainly intensified
“These waves of migration are all tied up
in the global financial system: structural
adjustment policies putting farmers and
peasants out of work, land-grabbing
displacing indigenous peoples,
intensified commodification of land and
common resources fostering resource
wars, and disaster capitalist “emerging
markets” that spring out of climate
crises, to name a few.”
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migration as a response to these disruptions of existing social systems that have been affected by
these policy changes.
How would you comment on the lack of social movements on behalf of refugees? Or, are
there such movements? What prevents these movements from happening, and what
mobilizes them? How are refugees best served when they cannot be or are not involved?
A movement is rarely a singular entity; more often it
is a diverse field of forces coalescing and breaking
apart, but nonetheless unified. How it is defined
operationalizes how its possibilities are perceived –
even how a social movement might be defined, in
terms of how it is “on behalf of” a particular cause,
group, or interest. For example, a movement around
refugees certainly exists, but the framing of your
question (“social movements on behalf of the
refugees”) is very different than, say, a movement that
exists alongside or is led by refugees.[xv] If one looks
for a movement on behalf of refugees, there is a
presumption of a certain process: professionals, often
non-refugees, who organize their efforts so as to appeal to some external cluster of power. As
professionals, they often build their careers around such projects and thus become experts and
spokespersons – those who are sanctioned by the powers that be to speak on behalf of the issues.
This is less of a social movement (as a diverse field of forces operating in some sense of
coordination with each other) than advocacy, which certainly serves a valuable purpose in the
struggle for the rights and wellbeing of refugees, but it in and of itself does not constitute a wider
societal revolt against a particular configuration of oppressions, and is likely not accountable to
“frontline communities.” [xvi]
Some of the problem of understanding the migrant justice movement comes from the role of
community practitioners, and their perspective on societal unrest. The professionalization of
community practice, a hallmark of neoliberal ideology and policy, comes at the expense of
practitioners’ engaging in radical and grassroots efforts towards social change – and also, in the
capacity to determine one’s struggles in one’s own language, on one’s own terms. In the largely
positivist ideologies of professional community practice, the infinitely complex processes of
community self-organization have become streamlined into a series of predictable and
manageable methodologies, partitioned by specialization and discipline, with the professional
sitting as the manager of such technocratic systems. Hence, the refugee silo – and the self-
imposed limits on expectations and linkages by a generation of professionals trained to think of
their work in terms of a menu option of competencies and specializations, instead of a
reconfiguration of the relation between such things or going after the root causes of such
phenomena.
“Hence, the refugee silo – and the self-
imposed limits on expectations and
linkages by a generation of professionals
trained to think of their work in terms of
a menu option of competencies and
specializations, instead of a
reconfiguration of the relation between
such things or going after the root causes
of such phenomena.”
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What is the potential for solidarity between social movements that resist various types of
marginalization?
There is great potential for solidarity between social movements; the early days of the Occupy
movement hinted at that as the political dead-end of single-issue and identity politics seemed to
sweep back into a total structural critique of society. In and around OWS now, there are thriving
alliances, campaigns, coalitions, and working groups that are connecting social movements of
many stripes. These various movements have cross-fertilized and are producing new modes of
analysis, new critiques of the structures of society (like Strike Debt), and new ways of being.
The potential for solidarity also exists within individuals like myself, who are operating in and
outside of activist circles. I very much seek for my social work education to be in service of my
radical politics; not in a dogmatic, ideological way, but as a my firm conviction that someone
seeking to help people in their social circumstances ought to seek the total and complete
eradication of the forces that produce alienation and oppression.
OWS is a rather interesting movement as it, for a while, was able to claim legitimacy of not only
representing, but being comprised of a wide-enough variety of individuals to represent incredibly
diverse array of constituencies. It is also at once unified and completely decentralized – more a
field of forces than a singular entity. It has a kind of semiotics backing it – the various memes,
which even go back to the Adbusters call to action and subsequent Twitter hashtags like #OWS,
whom no one can really claim domain or ownership over, and thus they operate as open-sourced
tools for communication and messaging.
If we’re to return to the Occupy Wall Street movement, as you know, protesters have often
been referred to collectively as ‘‘hippies’, ‘anarchists’, or ‘communists’ in the media. How
would you comment on that?
I would first comment on the role of the media, by which you must mean corporate, mainstream
media. Their role, though a more public discourse might refer to them as the watchdogs of
society, is to process information about society and everyday life in such a way that it reproduces
its basic structure – that is, relations of capital, power, private property, and production. Thus it
cannot be assumed that corporate media is likely to, let alone is capable of, portraying activists in
a positive or sympathetic light. There are moments, certainly, where this happens, but by and
large such moments fit into a larger framework and narrative that may not be defined by the
activists themselves. It may, instead, be defined by the terms of a largely white, middle class
liberal audience.
In the Occupy movement there are many kinds of political and subcultural identities, though to
reduce any one person to a category or a label within is a kind of positivist methodology that I
am struggling with in the beginnings of my Social Work education. There are indeed hippies –
although what that means is up for wild interpretation – as well as punks, travelers (hitchhikers),
mystics, rappers, Burning Man participants, etc. There are also doctors, nurses, lawyers, social
workers, engineers, chefs, professors, priests, and all sorts of professionals whom corporate
media might be more likely to depict in a positive light. This was actually one of the most
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exciting things about the Occupy movement – it blurred, and sometimes eradicated, social
boundaries amidst an attempt to create egalitarian communities, often in the heart of urban
financial centers where such divides are perpetuated and profited upon every day.
Most people participating in Occupy Wall Street, though, were not doing so because of their
political ideologies or lifestyle choices. They were doing so because of the fundamental crisis of
our economic, political, and social systems – one in which poor and middle-class families are
increasingly robbed of a future they grew up with the promise of, while an increasingly small
number of powerful, wealthy individuals (the 1%) consolidated their control over the state. But
none of this, like the above-mentioned portrayals or questions, is really what matters. What
matters is that people were fed up, felt that conventional politics had failed, and found promise in
seeking out a new kind of society – creating it, if temporarily, in the parks and squares they
occupied.
On a related note of terminology used for those involved in ‘social movements,’ refugees
and asylum seekers may be portrayed in the media as “terrorists” and “criminals.” Do you
think the media uses similar mechanisms to create categories of unwanted or undesirable
persons when it comes to refugees? How widely does this marker of undesirability go, as
you have seen it, and what problems might it create?
Refugees and asylum seekers often come from incredibly different backgrounds than those they
encounter in their new homes. Self-organizing to seek material needs, their actions are often
extralegal. Some of these other types of non-state entities, militant in their approaches, have been
labeled as terrorist by state and para-state security entities, a practice that has a long history prior
to its codification into law during the War on Terror. Thus, the tropes of undesirability – be they
through criminalization of dissident individuals, marginalized communities, or groups whose
existence pose a threat to the legitimacy of the dominant social order – come to play, and are a
convenient distraction to focus the attention of communities on while their futures are being
stolen from them by the ruling elite. We’re living amidst a number of global crises that pose a
threat to the very social order we’re living in, and it’s quite laughable that media, particularly
North American mainstream media, can devote so much effort to delegitimizing the claims
people have to basic needs – often around safety and survival – while also uncritically
celebrating the lavish lives of the wealthy and powerful.
A fundamental problem this creates is illusory divisions between groups of people whose self-
interest has far more in common. A working class person of EuroAmerican descent has a lot
more in common with an individual risking their safety to cross borders and reach some degree
of economic stability than they do with the managers of the companies that are relocating
working class jobs to other countries and privatizing the commons, forcing people to seek the
means to meet their basic needs farther and farther away from their families and homes. Yet the
illusion holds strong through embedded ideologies of monoethnic nationalism, Eurocentrism,
and white supremacy, giving social support to a rise in right-wing violence against immigrants
and people of color in the name of “lawfulness.” From the rise of neo-fascist violence against
immigrants in Greece under the auspices of the Golden Dawn party to last fall’s attack on a Sihk
temple in the State of Wisconsin by a self-identified neo-Nazi, we are seeing a rise in
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EuroAmerican countries in violence against immigrant and minority communities. This is
terrifying.
It’s also stuff that needs to be combated on multiple fronts, from advocacy and public education
campaigns to the revival of community self-defense groups. Groups like CultureStrike are
emerging to push dialogue – through culture jamming and creative interventions – about
immigration policies and their effects on people’s lives. [xx]
Is there any potential for these movements to actually disrupt the social order? What is
their potential to undo inequality, marginalization and disparity? Can you speak from
experience, or, historically, of success or failure in creating change on a local, national or
even global scale?
How would you measure the success of a disruption? Does it need to be a permanent change, a
rupture, a systemic transformation – or simply moments that glimpse at something else? There is
ample potential for these movements to disrupt, but disruption always takes place within systems
and relations of power that produce social order-as-reality. It is imperative that social
movements, particularly those that seek to radically restructure and redefine the very stuff of
social life, develop their own tools for critical analysis and new languages to speak about
problems and solutions. And this is certainly happening already, from the cultures of Internet
communication – be they memes, the mimetic gestures of popular assemblies, Twitter hashtags,
Anonymous videos, or theory journals like Tidal [xxi].
The possibility of these movements posing a threat to the social order is great. The global social
order – that is, neoliberal global capitalism – has unleashed a torrent of crises that reach the very
infrastructure of the political and economic order, and thus bring about its own limitations.
Crises of debt and ecology go hand in hand with crises of geopolitical boundaries and
imaginaries –the same forces that extend an endless “war on terror” throughout the world extend
a kind of war on autonomy, a war on other ways of living in through the imposition of financial
markets and programs of intensified and industrialized resource extraction. All of this further
pushes a system towards what feels like a global self-destruction. We are living amidst a spiral
toward our own extinction, which more and more people are waking up to the realization of
every day.
Given that this journal is likely to be read by students, emerging scholars, and community
practitioners in the refugee and forced migration studies field, I suggest to them that the best way
to be involved in these emerging social movements and to understand their potential is to
practice them. Experiment, learn new things, and get outside of the professional or disciplinary
boundaries you are situated in. Try prefigurative and radically democratic practices. Get
uncomfortable, and get your hands dirty. And recognize that we’re all collectively responsible
for our well-being: if we want to change things, we have to start now, and we have to hold
ourselves responsible for seeing things through.
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REFERENCES
[i] The anonymously authored pamphlet “Who Is Oakland: Anti-Oppression Activism, the Politics of Safety, and
State Co-optation” offers a really helpful critique of multiculturalism by analyzing the dynamics between Occupy
Oakland, the Oakland city government, and the State. It can be viewed on the blog Escalating Identity:
http://escalatingidentity.wordpress.com/2012/04/30/who-is-oakland-anti-oppression-politics-decolonization-and-the-
state/
[ii] Yoosun Park. (2005). Culture as deficit: a critical discourse analysis of the concept of culture in contemporary
Social work discourse. Journal of Sociology and Social Welfare, 32 (3), 13-34
[iii] James C. Scott (1990). Domination and the Arts of Resistance: Hidden Transcripts. New Haven: Yale
University Press.
[iv] For an excellent account of the Lower Jubba Valley region and the pre-history of the Somali Bantu community, see Catherine Besteman (1999), Unraveling Somalia: Race, Class, and the Legacy of Slavery. University of
Pennsylvania Press. See also:http://wiki.colby.edu/display/AY298B/About+Us. There are some really interesting
programs and projects emerging out of refugee community organizations and collaborating institutions in the
Burlington area, from organic agriculture incubator projects to community-based mental health, trauma care, and
psychiatric programs for survivors of torture, but much of this has been the product of an ongoing struggle of
communities to gain control over resources that are required to meet their needs, and ongoing struggles against
structural and historical oppression within Burlington-area institutions.
[v] Carrie A. Dickenson and William J. Campbell (2008). “Strange Bedfellows: Youth Activists, Government
Sponsorship, and the Company of Young Canadians (CYC), 1965-1970” in European Journal of American studies,
Special issue, 2008.
[vi] Henry Veltmeyer (2007) Illusion or Opportunity: Civil Society and the Quest for Social Change, Fernwood
Books, particularly “Chapter 4: Bad Government, Good Governance” p.68-84.
[vii] Steve Burghardt has written in great detail about what he calls “tactical self-awareness” in community practice.
See Burghardt (2010) Macro Practice in Social Work for the 21st Century. SAGE Press. See also Burghardt (1983).
“Broadening the ‘use of self’ steps towards ‘tactical self-awareness’” in Journal of Applied Sciences, 7 (2), 203-
224. Also see Deena Mandell (2007), “Use of Self: Contexts and Dimensions in Revisiting the Use of Self:
Questioning Professional Identities. Deena Mandell (Ed). Toronto: Canadian Scholars Press, Inc.
[viii] Global Revolution TV was the first major hub of OWS livestreaming (as well as other protest movements
around the globe). Set up by veterans of the Indymedia movement, it’s a pretty important project in the history of
autonomous activist media. http://globalrevolution.tv/
[ix] The emergence of informal leadership is another issue altogether; what struck me was the unsettling of the
conventions of leadership development, and thus the trajectory such structures operated upon.
[x] The Industrial Workers of the World (IWW) is an international labor union that seeks to organize workers across
sectors and shops, and abolish the wage system. Formed in the late 1890’s, it peaked during the late 1910’s-1920’s
[xi] David Graeber (2009). Direct Action: An Ethnography. AK Press. A recent anthology of perspectives on the
Occupy movement from a range of individuals involved in it is also well-worth exploring. Khatib, K., Killjoy, M.,
and McGuire, M. (2012). We Are Many: Reflections on Movement Strategy From Occupation to Liberation. AK
Press.
[xii] http://www.vermonthistory.org/index.php/anarchist-barre.html
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[xiii] David Graeber (2002). “The New Anarchists,” New Left Review, 13, January-February 2002. 61-73.
[xiv] Simon Springer (2010). Cambodia’s Neoliberal Order: Violence, Authoritarianism, and the Contestation of
Public Space. Routledge.
[xv] Here I am drawing from the notion of accompaniment, or “seeking to create the preferential option for the
poor” – that is, accompanying them on their journeys towards improving their own lives, instead of seeking to lead
them or instruct them on how to do so. The concept waas first put out in the practice and writings of El Salvadoran
liberation theologist Archbishop Oscar Romero, and more recently developed by labor historian and lawyer
Staughton Lynd. See Lynd, S. and Grubacic, A. (2011). Wobblies and Zapatistas and Lynd, S. (2012)
Accompanying: Pathways to Social Change.
[xvi] Hillary Moore and Joshua Kahn Russell (2011). Organizing Cools the Planet. Oakland: PM Press. Online:
https://organizingcoolstheplanet.wordpress.com/
[xvii] Alexander Betts (2010). “The Refugee Regime Complex,” Refugee Survey Quarterly 29 (1): 12-37.
[xviii] See, for instance, the National Network for Immigrant and Refugee Rights’ International Migrant Rights &
Global Justice program: http://www.nnirr.org/drupal/programs/international-migrant-rights.
[xix] http://www.npr.org/templates/story/story.php?storyId=4833613
[xx] http://culturestrike.net/
[xxi] http://occupytheory.org/
[xxii] David Plotke, “Occupy Wall Street, Flash Movements, and American Politics” Dissent Magazine.
Online:http://dissentmagazine.org/online.php?id=622
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Interview: Forced Migration Issues in the European Union
ADRIANO SILVESTRI
Adriano Silvestri is the Head of Sector Asylum, Migration and Borders in the Freedoms and
Justice Department at the European Union’s Fundamental Rights Agency (FRA) in Vienna,
Austria (The European Union’s Fundamental Rights Agency (FRA) is an advisory body of the
European Union that collects and analyses data on a variety of human rights issues in the E.U.).
His area of expertise includes international human rights and refugee law as well as the EU
acquis relating to asylum, borders and immigration. Before joining the FRA he was at the
United Nations High Commissioner for Refugees (UNHCR), where he worked in the field for
several years (Armenia, the Russian Federation and Austria) as well as at UNHCR
headquarters.
How did you begin working with refugee and forced migration issues?
I started working on refugee issues over 20 years ago. After my studies, I worked in UNHCR,
where I was dealing with asylum and statelessness issues in Eastern Europe, before being
deployed to the field. I stayed with UNHCR for some 15 years, before moving to the EU Agency
for Fundamental Rights in 2009.
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What are the useful tools that you were left with after that first experience? Did it point
you in a particular direction for future work?
In UNHCR you work with people and with the
Government officials at the same time. Through the
experience at UNHCR I learnt that it is essential to
address protection gaps at different levels
simultaneously. For example, if a refugee
community reports instances of arbitrary detention
of asylum seekers, it may not be enough to raise this
with the competent authorities, asking them to
refrain from doing this. There may be a number of
factors which contribute to creating an environment
conducive to human rights violations: inappropriate
legal basis to protect asylum seekers in national law, unclear instructions, lack of police training,
no place where asylum seekers can turn to seek protection, no or insufficient documentation hold
by asylum seekers. Therefore, a response to instances of arbitrary detention has to consider all
these factors, and may include several parallel actions ranging, for example, from the creation of
a 24 hours hot line where asylum seekers can report instances of arbitrary detention, to the
provision of documents to asylum seekers or the involvement in amending national legislation. It
is important not only to look at how things are on paper, but also what happens in practice,
something which can only be done by reaching out to and communicating with refugees.
At the Fundamental Rights Agency (FRA) in Vienna, you lead research projects that
shifted the focus of analysis from refugees themselves to the possible agents of harm
(border guards, the media, etc). How did you make this choice, and what are the benefits of
such an angle of analysis?
I prefer to speak of duty-bearers. Often harm comes from a third person and the duty of the
authorities is to protect a person from such harm. FRA’s approach is to undertake comprehensive
research, which includes also collecting the views and experiences of Government officials. In
the European Union context the main challenge for authorities is how to apply fundamental
rights in practice, when decisions need to be taken immediately, often within very short time
frames. For example, if a person who is going to be removed objects at the last minute to enter
the aircraft that would bring him or her back home, a police escort officer will have to decide
whether to continue with the return operation of such individual or not, often within few minutes,
as otherwise the aircraft would meanwhile take off. It is not sufficient for the police officer to
have theoretical knowledge on human rights. What is needed is concrete guidance which can
help him or her to decide whether to continue the operation or not.
Through the work at FRA we can collect promising practices from Member States and share
practical guidance which can hopefully ease the task of police and other authorities. For
example, a research project on migrants in an irregular situation revealed instances in which
migrants are apprehended and arrested for lack of papers when they go to medical facilities to
seek assistance or while they wait for their children outside the school. These practices
“It is important not only to look at how
things are on paper, but also what
happens in practice, something which can
only be done by reaching out to and
communicating with refugees.”
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discourage the whole community of migrants in an irregular situation from accessing essential
services, such as health and education services. They have a disproportionate effect on migrants’
fundamental rights. To assist immigration police, FRA has compiled – together with national
immigration law enforcement authorities – a document with fundamental rights considerations of
apprehending migrants in an irregular situation. The document includes a list of concrete do’s
and don’ts for law enforcement officials.
At the same time, at the FRA we continue to have a direct link with what is happening on the
ground. One of the characteristics of the agency I work for is to collect data and information
from the field. This means going out and speaking to migrants, asylum-seekers, passengers at
airports, as may be the case. Such social research gives us a comparative overview of what
happens in reality in the 28 EU Member States on a given topic.
Have you found that working for an EU Agency on behalf of refugees and asylum seekers
is similar to any other work, such as an NGO? Or, is it different? In particular, would you
characterize the nature of your work as being fueled or influenced by any of the same
systemic problems or assistance infrastructures as your previous work?
The results of the work undertaken by FRA are clearly addressed to EU policy makers and to EU
Member States when they implement EU law. This means that FRA does not directly engage
with communities to find possible solutions to recurrent fundamental rights violations, as would
for example be the case with UNHCR. The mandate of FRA is to provide fundamental rights
expertise to policy makers and to a lesser degree to practitioners in Member States or within
other EU agencies, such as Frontex. Therefore, our opinions suggest what EU bodies and
Member States could or should do to address a certain issue, which emerged from FRA research
as being in need of attention.
What do the problems surrounding refugees and forced migration look like today, based
on your experiences? Do we need better policies and research, or different dialogues and
collaborations to find solutions to these problems? Between which specific actors?
Although there are many different fundamental rights questions that require a policy response, I
would like to highlight three concrete issues which I find particularly challenging in the
European Union for the years to come.
The first concerns access to protection by persons who flee persecution, war or violence. Visa
policies and border control measures have made it increasingly difficult for asylum seekers to
find safety in Europe. Although on paper such policies provide for safeguards for asylum
seekers, in practice asylum seekers are often only able to reach European soil by making use of
services offered by human smugglers, thus exposing themselves to serious risks of abuse and
exploitation, as documented by FRA through interviews carried out with migrants in North
Africa who were planning to cross the sea to Europe.
The second issue concerns the increased use of databases where the personal data of a large
number of foreigners is stored for visa, asylum and border control purposes. While such
databases may have an added value in improving efficiency of the systems, the implications of
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storing large quantities of personal data, including biometric information, on fundamental rights
have not yet been fully examined.
Finally, the third issue concerns the situation of migrants who are in the European Union without
any papers. FRA has published a comprehensive report on them in 2011 where we describe the
type of fundamental rights violations they are exposed to. For example, women without valid
residence papers employed in the domestic work sector may be exposed to serious forms of
abuse and exploitation in private households. Due to their irregular status and the fear of being
deported, they cannot go to the police to seek help which leads to impunity.
For some of these issues more research is needed, as in the case of large-scale databases. For
others, the situation is already well known and what is required is concerted action involving all
relevant stakeholders, including policy makers at the EU and Member State level, courts,
practitioners as well as civil society organisations.
How would you comment on the lack of a social movement on behalf of the refugees
themselves? Or, are there some? What prevents this from happening, and what, or who,
might mobilize such movements? How are refugees and forced migrants best served when
they cannot be or are not involved?
Refugee communities play an important role in some
European Union countries, although the degree to
which refugees are organised varies. Much of the
refugee work, particularly on the legal side, requires
sophisticated knowledge of constantly changing
national legal frameworks and can therefore only be
carried out by specialists. This is one reason that could
explain why in the European Union the work of NGOs,
lawyers, civil society organisations and international
organisations are more visible than the work of refugee
communities. The latter often work at a local level. In
any event, I find it important that organisations who
work with refugees have mechanisms to consult regularly with the communities, so that the
refugee’s views feed into the planning of their work.
In 2012 the EU received the Nobel Peace Prize for advancing the causes of peace,
reconciliation, democracy and human rights in Europe, and for transforming most of
Europe from a continent of war to a continent of peace. What do you make of this award in
the context of the policies and realities that asylum seekers and refugees face in the
European Union? Do you believe there is any special potential for organization, policy
change or the treatment of forced migrants in such a climate?
Since the Lisbon Treaty, the European Union has been equipped with a very powerful tool,
the EU Charter of Fundamental Rights. This is a legally binding document that sets out in simple
and clear language the rights, freedoms and principles that the European Union has to adhere to.
The provisions of the Charter are addressed to the institutions, bodies, offices and agencies of the
“I find it important that organisations
who work with refugees have
mechanisms to consult regularly with
the communities, so that the refugee’s
views feed into the planning of their
work.”
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European Union as well as to EU Member States when they implement EU law. The Charter
reflects in many areas standards which have already been included in international human rights
instruments or in the European Convention on Human Rights (ECHR). In some cases, however,
the Charter goes further: it is, for example, the first supranational instrument which contains the
“right to asylum” (Article 18), as other instruments are limited to the “right to seek asylum”. Its
Article 47 on the right to an effective remedy and to a fair trial goes beyond its equivalent
provision in Article 6 ECHR, as the safeguards contained in Article 47 apply not only to civil
and criminal law procedures, but also to administrative procedure, such as asylum or return.
The Nobel Peace Prize reminds us that there cannot be lasting peace without respect of
fundamental rights. It gives us an additional impulse to fully utilise the potential that the Charter
offers to uphold the rights and dignity of all persons present in the European Union.