The Spirit of the Convention and the Letter of the Colony: Refugees Defining States in a British Overseas Territory

Abstract

Whereas asylum policy is predicated on the assumption that states define refugees, this paper examines how refugees define states. Through the legal case of refugees stranded on a British military base in Cyprus since 1998, I show how refugees and the states that grant them or deny them protection become co-constitutive. The processes involved in judicial activism delineate the modalities through which sovereign governance and refugee agencies operate. I argue that modalities of sovereignty (colonialism, exceptionalism, and diplomacy) interact with modalities of agency (protest, vulnerability, and endurance) to redefine issues of refugee protection, state sovereignty, and externalization of migration management. The case shows the risks that denial of protection entails for states and not just refugees. Methodologically, I propose that a nuanced, ground-level understanding of the role of law in activism allows us a clearer view to these imbrications of sovereign governance and agency, and thus to the ambivalent and multivalent aspects of activism.