{"title":"When Legal Inclusion is not Enough: the “Uganda Model” of Refugee Protection on the Brink of Failure","authors":"Maciej Grześkowiak","doi":"10.1093/rsq/hdad022","DOIUrl":"https://doi.org/10.1093/rsq/hdad022","url":null,"abstract":"This article develops the existing literature on the challenges facing the Ugandan refugee protection system by showing the interrelatedness of these challenges and linking them to the core assumptions of the “Uganda Model” of refugee protection. To that effect, it presents primary, qualitative data gathered in the field. This empirical evidence reveals profound marginalisation of refugees within Uganda and the difficulties of the authorities to remedy it in the face of the status quo, where the international community’s support has been disproportionately small. This reality, being strikingly at odds with the promise of Uganda’s refugee protection architecture, has led the government and UNHCR officials who were interviewed for this research to doubt whether it is possible to uphold this architecture. This, together with the outcomes of a desk study utilising existing quantitative and qualitative data, suggests that the Uganda Model might, at the time of writing, be approaching its threshold of viability. The findings suggest that a substantial rethink of the model’s assumptions might be in order.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":"18 8","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138496068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"“Safe Legal Pathways” or New Colonial Frontiers? A Critical Analysis of European Intervention in the Sahel and the Creation of Anomalous Legal Zones","authors":"Matthew Zagor","doi":"10.1093/rsq/hdad021","DOIUrl":"https://doi.org/10.1093/rsq/hdad021","url":null,"abstract":"Abstract This article critiques the increasingly popular concept of the “safe legal pathway” in refugee politics, policy and law, using European engagement and intervention in the Sahel as its primary case study. It draws upon neo-colonial studies, necropolitics, border studies and the legal literature on sovereignty and extraterritoriality to explore the function, structure, and import of the “safe legal pathway”, and its compatibility with contemporary understandings of international legal history and argumentation. Divided into four sections, the article focuses on the drivers behind Europe’s migration-development-security objectives in the Sahelout of which the pathways discourse emerges, the EU’s concomitant insistence on criminalising the illusive “people smuggling business model”, and the role which the traditional tropes of sovereignty, territory, and civilisation play in determining policy parameters. Noting the multidirectional nature and multifunctional purposes of pathways, and focusing on the policing of migrant communities both within and outside Europe, this article provides a comprehensive and critical overview of the nature, structure, function, and regulation of the pathway, its susceptibility to being leveraged for the commodification, extraction, discipline and transformation of non-European bodies and narratives, and its place in the creation of differentiated, suspended, and anomalous legal zones for the transfer and manipulation of global norms.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":"274 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135685228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Where is Home without Legal Status? Understanding the Choice to Stay Among Post-Cessation Liberians in Nigeria","authors":"Tosin Samuel Durodola","doi":"10.1093/rsq/hdad019","DOIUrl":"https://doi.org/10.1093/rsq/hdad019","url":null,"abstract":"Abstract This article examines the experiences of “residual” Liberian refugees in Nigeria, individuals who remained in their country of asylum after the UNHCR terminated their refugee status. This study explores how the diverse interpretations of home and flight contribute to their decision to “stay” rather than opt for voluntary repatriation. In the context of transnationalism, the concept of simultaneity, where individuals feel a sense of belonging in both their home country and their host nation, underscores the need to consider the dynamics of movement and attachment in both places, and how these connections evolve over time. However, the idealisation of home as an unchanging and secure haven can result in flawed policy decisions that overlook the fact that many refugees have been displaced precisely because their homeland is no longer safe. The findings shed light on the aftermath of cessation, which might place “residual refugees” in a precarious position where they must navigate the intricate interplay between agency and constraint without state protection. This article offers a broader perspective on their ability to manoeuvre within these confines, balancing between two aspects: legal status and social leverage as responses to their precarious legal situation and transitional efforts to establish new homes.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":"175 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135977103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Doing Refugee Right(s) with Technologies? Humanitarian Crises and the Multiplication of “Exceptional” Legal States","authors":"Mirjam Twigt","doi":"10.1093/rsq/hdad020","DOIUrl":"https://doi.org/10.1093/rsq/hdad020","url":null,"abstract":"Abstract Like borders, refugee protection settings beyond the EU often serve as testing grounds for technologies. This article takes a socio-legal perspective to show how humanitarian experimentation in these contexts is made possible through different, interacting challenges to sovereignty. It argues that the understanding that actors or their positions are “exceptional” allows for and justifies data practices that would otherwise not be legally permissible. Examples of data practices in refugee protection settings are connected to work in geopolitics, science and technology studies, and sociology of law. The article shows how the position of the United Nations High Commissioner for Refugees (UNHCR) as negotiator on behalf of refugees and an emergency-driven techno-solutionism not only interacts with the already precarious legal context most people seeking refuge find themselves in. It coincides with the legal positioning of International Organisations and with citizenship-oriented conceptions of privacy, further constituting people seeking refuge as (digital) rights optional. This is problematic not least because of concerns about adequate data protection or the implications of bias. Data flows and algorithms are generative of the politics of contemporary societies, implying that the structural undermining of digital rights of people seeking refuge in the present can also hinder their access to rights in the future.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":"41 15","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135977505","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Australia, Indonesia, and East Timorese Family Reunions","authors":"Nicole Schwirtlich","doi":"10.1093/rsq/hdad017","DOIUrl":"https://doi.org/10.1093/rsq/hdad017","url":null,"abstract":"Abstract In 2002 East Timor, following over 20 years of Indonesian occupation, became the world’s youngest sovereign state. The violent nature of Indonesian occupation between 1975 and 1999 led to the displacement of many East Timorese who sought asylum in countries such as Australia and Portugal. This article argues that by trying to seek asylum in Australia, East Timorese refugees complicated Australia’s bipartisan desire to pursue strong diplomatic relations with Indonesia. A hesitancy to recognise East Timorese arrivals as refugees, as a result of these priorities, was reflected through immigration schemes operating in the 1970s and 1980s such as the Family Reunion Program and Special Humanitarian Program. This impacted Australia’s ability to balance its national interests in the Indo-Pacific and its humanitarian obligations, outlined in international legislation such as the 1951 Refugee Convention and 1967 Refugee Protocol. It also reflected broader diplomatic challenges Australia faced when addressing the situation in East Timor. Exploring this turbulent period in Australian foreign policy through the lens of immigration, this article contributes to research examining the role Australia played in the occupation of East Timor. It also investigates the meanings of dual representations of refugees as both victims and agents within migrant-centered historical accounts.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":"22 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134908236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Making Room for Refugee Interpretation of Labelling: A Case Study from the Turkish–Syrian Border","authors":"Kathryn Hampton, Gökçe Türkyilmaz","doi":"10.1093/rsq/hdad015","DOIUrl":"https://doi.org/10.1093/rsq/hdad015","url":null,"abstract":"Abstract Turkey admitted millions of refugees fleeing the Syrian civil war. However, the situation of Syrians in Turkey remains precarious under the temporary protection regime, unable to qualify as Convention refugees due to Turkey’s geographic reservation to the 1967 Protocol and with limited access to work permits and citizenship. Based on in-depth interviews, we provide a case study of refugee perspectives on refugee “labelling” as an absurd, historically contingent, and myth-telling process, which contributes to a growing body of research taking a bottom-up approach to understanding refugee protection. We put forward a refugee-interpreted view on labelling, finding that refugees explained labelling as an opaque and unpredictable digitised process, administrated through paper documents which act as talismans but also scams. Our study provides rich detail about how refugees subvert and cope with the labelling process through humour and mockery, historicity, and developing alternate forms of identity. We sought to use these interviews to work with refugees to turn a critical gaze on the paradigm of labelling from a refugee perspective and address the lack of empirical research centring refugee interpretations of labelling.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":"43 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135219103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Correction to: Subtracting Development through the Production of Il/legality of Young Refugees in Jordan and Lebanon","authors":"","doi":"10.1093/rsq/hdad016","DOIUrl":"https://doi.org/10.1093/rsq/hdad016","url":null,"abstract":"","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":"218 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136038379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Critiquing Trends and Identifying Gaps in the Literature on LGBTQ Refugees and Asylum-Seekers","authors":"Diego García Rodríguez","doi":"10.1093/rsq/hdad018","DOIUrl":"https://doi.org/10.1093/rsq/hdad018","url":null,"abstract":"Abstract This article delivers a comprehensive review of the English-language literature concerning the experiences of lesbian, gay, bisexual, transgender, transsexual, and queer (LGBTQ) refugees and asylum-seekers. Through an incisive synthesis and analysis, it identifies five pivotal themes: 1) journey and settlement; 2) legislation, policy, and charitable intervention; 3) health; 4) creative expression; and 5) religion, faith, and spirituality. This analysis uncovers gaps in the existing body of knowledge, charting innovative paths for future research and policy. This work transcends the boundaries of a traditional scholarly review to offer actionable recommendations aimed at guiding policy and practice. This involves pushing for strategies that are not just inclusive, but also rooted in overcoming Western-centric approaches to gender and sexual identities.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136079936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Idil Atak, Claire Linley-Moore, Julie (Ha Young) Kim
{"title":"Canada’s Implementation of the UN Global Compacts on Migration and Refugees: Advancing Foreign Policy Objectives and the <i>Status Quo</i>?","authors":"Idil Atak, Claire Linley-Moore, Julie (Ha Young) Kim","doi":"10.1093/rsq/hdad014","DOIUrl":"https://doi.org/10.1093/rsq/hdad014","url":null,"abstract":"Abstract Canada has been a strong supporter of the 2018 United Nations Global Compacts (GCs) on Migration and Refugees. This article examines Canada’s reception and implementation of the GCs in the policy domains of refugee resettlement, complementary protection pathways, gender equality, and migration governance capacity building. It draws on the analytical framework of “migration diplomacy” to argue that Canada’s efforts to carry out the GC objectives in these areas are primarily motivated by foreign policy considerations, including those with significant domestic implications, rather than efforts to ensure domestic alignment with the GC principles enhancing migrants’ rights and freedoms. By supporting the GCs, Canada has positioned itself as a global leader in migration management. Migration diplomacy has also legitimised the implementation by Canada of exclusionary refugee policies.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135579607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Critical Analysis of Japan’s Decision to Accept Ukrainians Following the Russian Invasion in 2022","authors":"Atsushi Yamagata","doi":"10.1093/rsq/hdad013","DOIUrl":"https://doi.org/10.1093/rsq/hdad013","url":null,"abstract":"\u0000 Shortly after the Russian invasion of Ukraine in February 2022, Prime Minister Fumio Kishida announced that Japan would accept Ukrainians who had fled to third countries. While this prompt decision should be welcomed, the Japanese government has been criticised for its reluctance to accept refugees for years. Because of Japan’s past restrictive approach to refugees and asylum-seekers, the decision to accept Ukrainians was met with surprise. Why, then, did the Japanese government decide to accept Ukrainians? This article explores the rationale behind this decision by analysing the language used by Cabinet members of the Japanese government in Diet discussions from the perspective of Critical Discourse Analysis, which sees language as a form of social practice. By adopting the concept of “ontological security”, or the security of self-identity, it argues that, while Japan’s decision to accept Ukrainians was prompted by its pursuit of ontological security derived from its international relations, its pursuit of ontological security rooted in its biographical narrative caused a desire to prevent this case from affecting Japan’s future refugee policy and to minimise the acceptance of refugees in the country.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":"1 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41396194","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}