Daily Archives: Sunday, December 2, 2012

New Journal Articles on Refugee Issues (weekly)

  • “This article examines the shift in discourses of citizenship from Britain from notions of entitlement and obligation to those of self-government, and the reciprocity between the responsibilisation of individual and collective citizen-subjectivities. Against the backdrop of debates about society as the telos of government, this article will interrogate the claim that New Conservatism’s ‘Big Society’ represents a unique rationality of government and an alternative formula of advanced liberal rule. By doing so, the article will extend our understanding of ‘post-welfare regimes of the social’ and illustrate precisely how they operate in contemporary Britain.”

    tags: newjournalarticles

  • “The past half-century of urban studies has demonstrated that the design of human settlements is a potent tool of governance. Active involvement in place shaping has also been shown to be a key empowerment mechanism for citizens and a strong means of creating cohesion in communities. Internally displaced persons (IDPs) and refugee camps are a unique form of human habitation, temporary spaces created “between war and city.” Drawing from urban planning theory, camp management tools, and migrant narratives, this paper will explore the dynamics of the spatial relationship between camp residents and the international governance bodies who manage them. As we will demonstrate, this approach offers important insights into how the relationships between camp residents and aid agencies are negotiated, and the implications for governance in societies camp inhabitants later (re)settle in.”

    tags: newjournalarticles

  • “On November 9, 2010, the Grand Chamber of the Court of Justice of the European Union (‘‘ECJ’’) rendered its judgment in Federal Republic of Germany v. B & D. This decision pertains to the interpretation and proper application of Council Directive 2004/83/EC on the granting of and exclusion from refugee status of a person associated with a reputed terrorist organization. The decision forms part of a growing body of case law, emanating from proceedings before the Court of Justice of the European Union and the European Court of Human Rights concerning EU Member States’ rights and obligations under the Common European Asylum System (‘‘CEAS’’). “

    tags: newjournalarticles

  • “The EU has undeniably set the rules of the asylum game in Europe so that the Swiss free rider position became increasingly untenable. Both its inner geographical location and its fear of secondary movements of asylum-seekers prompted a first step towards the Common European Asylum System: the Dublin Association Agreement. What the Swiss Confederation perhaps did not contemplate is that this first step has set the pace for further EU integration. This dynamic of harmonization is notably illustrated by the influence of the Qualification Directive over the Swiss asylum jurisprudence. Such a process of convergence inevitably begs the question whether Switzerland is not becoming an EU Member State for the purpose of asylum. “

    tags: newjournalarticles

  • “Despite concerted international cooperation and action, including the deployment of various national and international naval forces in the region, piracy, in particular off the coast of Somalia, continues to pose a serious threat to the peace and security of one of the most-traveled waterways in the world, the neighboring states, and to the global economy.

    Naval deterrence depends on effective patrolling, which again is closely tied to the concept of jurisdiction and law enforcement. As a point of departure, piracy is considered to be the original universal jurisdiction crime and, as such, states apprehending pirates would be able to base their jurisdiction on that concept. However, in practice, states patrolling the Gulf of Aden have shied away from prosecuting, sometimes even from arresting, suspected pirates due to anticipated legal difficulties of prosecution, high expenses connected with transporting suspects to the national courts of the apprehending forces, and concerns of potential asylum claims being made by pirates.

    Some of those claims may be rejected based on the Exclusion Clause in Article 1F of the 1951 Refugee Convention, stipulating that refugee status may be denied to persons who have committed certain serious crimes. The majority of arrests, however, by necessity pertains to unsuccessful pirates and hence involves inchoate acts on the grounds of which a potential asylum claim, nevertheless, may not as readily be denied.

    While failure to adequately address the problem of piracy on the high seas may reinforce the threat to security in the region and beyond, insufficiently prepared prosecutions in the various cooperating states’ national courts may add to the fear of not only harboring a pirate, and lending incentives to future ones, but potentially in this fashion inviting criminal gangs, or sleeper cells, with even more serious agendas into the country. Assessing the legal basis of those fears and evaluating ways to counter the level of threat posed by piracy will be at the core of this article. “

    tags: newjournalarticles

  • “Exclusion from refugee status pursuant to Article 1F of the CSR51 becomes relevant in only a very small share of cases concerning refugee status; the author estimates that share to be less than half of one per cent of all cases in the countries examined in his study (p 369). Yet, exclusion represents a very important aspect of international refugee law: it plays a vital role in preserving the integrity of the asylum system by denying the benefits accorded by the CSR51 to those who have committed horrendous crimes, while at the same ensuring that fugitives do not escape legitimate prosecution. Exclusion cases often have a high profile and severe concern, if not outrage, is voiced when it turns out that a person who should have been excluded from refugee status managed to enjoy asylum until his or her criminal activity was discovered. What is more, exclusion from refugee status also marks one of the most difficult fields of law for refugee adjudicators due to its inherent connection to international and domestic criminal law. “

    tags: newjournalarticles

  • “Through the discussion of the methodological and ethical challenges experienced when designing and implementing a cross-sectional household survey exploring linkages between migration, HIV and urban livelihoods in Johannesburg, this paper argues that it is possible to generate data sufficiently representative of the complexities and differences present in an African urban environment. This is achieved through employing purposive and random sampling techniques across both urban formal (three suburbs in the inner city) and urban informal (an informal settlement on the edge of the city) areas. Urban informal settlements present particular challenges requiring extensive community engagement and mapping to develop a sufficiently representative sampling frame. “

    tags: newjournalarticles

  • “Conducting methodologically defensible, logistically feasible and affordable large-scale national surveys of migrants is a serious challenge. This paper outlines the pros and cons of working with and through NGOs which provide services to migrants, in order to conduct a national longitudinal survey on migrant access to basic public services. This access method clearly does not result in a sample which is representative of a total national population of migrants, but the paper argues that there are also benefits of such a methodology. Apart from making larger and more longitudinal surveys logistically and financially possible in the first place, such benefits include the formation of active and collaborative networks among organizations in the migrant rights sector; capacity building within this sector around research and the use and meaning of empirical data; and the direct integration of empirical data into local and national advocacy work. “

    tags: newjournalarticles

  • “Adequate knowledge about the spatial distribution of immigrants, particularly those undocumented, can be a significant challenge while designing social science surveys that are aimed at generating statistically valid results using probability samples. Often the underlying expectation of documented information on a population’s physical distribution and orderly surveillance units needed for random sampling is frustrated by the lack of knowledge about immigrants’ settlement patterns. Addressing these challenges, this paper summarizes a strategy employed for surveying difficult-to-reach immigrant populations in the absence of a reliable sampling frame in inner-city Johannesburg. The survey applied a nationality stratified, three-stage cluster random sampling strategy involving an innovative use of spatial information from a geo-database of buildings within inner-city Johannesburg. An enumeration of the method and challenges faced in the data collection are discussed here to demonstrate the feasibility of probability sampling within non-homogeneously distributed population groups in the absence of pre-existing sampling frames. “

    tags: newjournalarticles

  • “Survey research on refugee and migrant populations can provide invaluable information, but in order to generate this information it is necessary to confront a variety of methodological challenges. It has proved particularly difficult to generate representative samples of mobile populations in developing cities, where refugees and asylum seekers attempt to ‘hide’ from surveyors, and conventional sampling frames are confounded by intractable urban landscapes and a shortage of reliable baselines. This collection of papers addresses these problems by drawing on a decade of survey research in a city where these problems are especially acute: Johannesburg, South Africa. The contributors reflect on their field experiences, and associated successes and failures, in order to generate practical guidance and tips for researchers and practitioners working on similar issues elsewhere. In particular, the collection challenges the notion that representativity is an unachievable ideal in survey research on refugee populations, and thereby develops concepts and techniques to further refine sampling methods. “

    tags: newjournalarticles

  • “This account reflects on potential challenges and benefits of designing and conducting a research project with ‘local’ practitioners. The collaboration with local practitioners provided a surprising mix of challenges and opportunities. It reveals that operational agencies often collaborate or conduct research or assessments for their own purposes and are often biased due to limited research capacity, untested presuppositions, or a strong (and understandable) desire to ensure that their results affirm a need which the relevant agency can help to address. That said, operational agencies often bring with them extensive knowledge about the geographical and human environments that can assist in designing a survey and negotiating access to difficult and potentially hostile communities. While somewhat compromised, the data produced by this sampling strategy and collaboration is powerful and useful in revealing—and challenging widely-held assumptions about—differences in socio-economic and safety vulnerabilities among groups and sub-places sampled. “

    tags: newjournalarticles

  • “This paper explores the challenges that arise when working with unaccompanied asylum-seeking children in the UK and discusses the conflict between government legislation and the values and ethics which inform social work practice. It highlights the distressing experiences young asylum seekers go through when faced with forced removal and how such traumatic events can affect their capacity to make informed decisions. The paper reflects upon the wider implications of how social workers (and other professionals) deliver the unique support unaccompanied young people require. It recommends working in partnership with young people and using an ecological approach to assessing their needs in order to positively inform future practice. “

    tags: newjournalarticles

  • “Starting from violence’s widely acknowledged status as a wrong, this article critically explores attempts to legitimate violence through appeals to moral frameworks that determine the ends for which violence may be employed. Recognizing that such frameworks exist on all sides of violent conflict, it argues that since there will never be complete agreement on their content or application, nor complete certainty about which moral framework is the ‘correct’ one, it becomes impossible to distinguish legitimate from illegitimate violence either non-controversially or with certainity. Two problems result: our own ‘legitimate’ violence may reproduce rather than limit violence by sparking ‘legitimate’ violence in return, and our own use of violence may actually be unjust, despite our intentions. If we wish to avoid these problems yet maintain our moral commitments – however contested or contingent – we must employ nonviolent means to wage our conflicts, as such means remain legitimate despite disagreement or uncertainty regarding ends.”

    tags: newjournalarticles

Posted from Diigo. The rest of my favorite links are here.