This article explores how the digital transformation of humanitarianism, and the refugee regime reshapes refugee lawyering. Much refugee lawyering is based on a traditional understanding of legal protection – and a focus on legal aid, law reform advocacy, and specific protection procedures (such as refugee status determin-ation). Refugee lawyering must now grapple with the challenges offered by the digital transformation of international protection. This entails identifying emergent protection issues and how they relate to the law and legal claims. To that end, the article puts forward suggestions regarding the risks of the digital transformation as it pertains to the humanitarian space, the refugee management infrastructure, and refugee lawyering. The article also considers its implications for legal knowledge and the possibility that law may be “displaced” by technology. The article con-cludes by discussing what it means for refugee lawyering and for being accountable to the norms and values of rule of law standards, international protection, and to individual clients.
{"title":"Digital Refugee Lawyering: Risk, Legal Knowledge, and Accountability","authors":"K. Sandvik","doi":"10.1093/RSQ/HDAB013","DOIUrl":"https://doi.org/10.1093/RSQ/HDAB013","url":null,"abstract":"This article explores how the digital transformation of humanitarianism, and the refugee regime reshapes refugee lawyering. Much refugee lawyering is based on a traditional understanding of legal protection – and a focus on legal aid, law reform advocacy, and specific protection procedures (such as refugee status determin-ation). Refugee lawyering must now grapple with the challenges offered by the digital transformation of international protection. This entails identifying emergent protection issues and how they relate to the law and legal claims. To that end, the article puts forward suggestions regarding the risks of the digital transformation as it pertains to the humanitarian space, the refugee management infrastructure, and refugee lawyering. The article also considers its implications for legal knowledge and the possibility that law may be “displaced” by technology. The article con-cludes by discussing what it means for refugee lawyering and for being accountable to the norms and values of rule of law standards, international protection, and to individual clients.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41573433","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}
This article problematises protection for lesbian, gay, bisexual, transgender, and intersex (LGBTI) refugees in contexts of state-condoned persecution against this group. Based on ethnographic evidence from Kampala, Uganda, we draw attention to the homogenising tendencies of centralised protection systems in cities in the global south, which are primarily centred on nationality-based communities. We examine the processes of social exclusion that limit the involvement of LGBTI refugees from the Great Lakes Region in such communities, de facto placing them outside the parameters of institutional refugee protection. We then focus on their relational experiences of protection and safety within the office of an LGBTI support group in Kampala and argue for a micro-level approach that considers how LGBTI refugee protection is grounded in the geopolitics of the everyday. Our findings underscore the limitations of institutional policy and practice, which continues to overlook the protection gap that exists for LGBTI persons within the refugee population in Uganda. In order to remedy this protection gap, we suggest that a critical reconsideration is needed of the participatory spaces and cooperation between LGBTI refugee-led advocates and refugee serving institutions and decision-makers.
{"title":"Re-Thinking Protection for LGBTI Refugees in Kampala, Uganda: A Relational, Trust-Based Approach","authors":"David Sinclair, Giulia Sinatti","doi":"10.1093/rsq/hdab010","DOIUrl":"https://doi.org/10.1093/rsq/hdab010","url":null,"abstract":"\u0000 This article problematises protection for lesbian, gay, bisexual, transgender, and intersex (LGBTI) refugees in contexts of state-condoned persecution against this group. Based on ethnographic evidence from Kampala, Uganda, we draw attention to the homogenising tendencies of centralised protection systems in cities in the global south, which are primarily centred on nationality-based communities. We examine the processes of social exclusion that limit the involvement of LGBTI refugees from the Great Lakes Region in such communities, de facto placing them outside the parameters of institutional refugee protection. We then focus on their relational experiences of protection and safety within the office of an LGBTI support group in Kampala and argue for a micro-level approach that considers how LGBTI refugee protection is grounded in the geopolitics of the everyday. Our findings underscore the limitations of institutional policy and practice, which continues to overlook the protection gap that exists for LGBTI persons within the refugee population in Uganda. In order to remedy this protection gap, we suggest that a critical reconsideration is needed of the participatory spaces and cooperation between LGBTI refugee-led advocates and refugee serving institutions and decision-makers.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42427776","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}
By focusing on Sudanese refugees and asylum-seekers in Lebanon, who in 2018 constituted 4 per cent of all persons of concern to United Nations High Commissioner for Refugees (UNHCR) in that country, this article explores how the UNHCR protects and assists refugees not encompassed by the mainstream humanitarian response. The article finds that in terms of refugee recognition, resettlement, and overall protection, Sudanese refugees receive differential treatment when compared with the more dominant refugee groups. More precisely, it argues that the humanitarian practices contribute to structural processes of invisibilisation of the particularities of the protection concerns and circumstances of Sudanese refugees. It spotlights how, while racism and racial discrimination remain major protection concerns for the Sudanese community in Lebanon, humanitarian vulnerability assessments are altogether blind to these categories of harm. In examining how Sudanese refugees respond to and resist such processes of invisibilisation, the article also examines two key collective action approaches through which Sudanese refugees seek to access better protection and assistance: the establishment of representative refugee committees, on the one hand, and refugee protest, on the other. It finds that refugee protest was an important means of countering humanitarian processes of invisibilisation.
{"title":"Sudanese Refugees and the “Syrian Refugee Response” in Lebanon: Racialised Hierarchies, Processes of Invisibilisation, and Resistance","authors":"Maja Janmyr","doi":"10.1093/rsq/hdab012","DOIUrl":"https://doi.org/10.1093/rsq/hdab012","url":null,"abstract":"\u0000 By focusing on Sudanese refugees and asylum-seekers in Lebanon, who in 2018 constituted 4 per cent of all persons of concern to United Nations High Commissioner for Refugees (UNHCR) in that country, this article explores how the UNHCR protects and assists refugees not encompassed by the mainstream humanitarian response. The article finds that in terms of refugee recognition, resettlement, and overall protection, Sudanese refugees receive differential treatment when compared with the more dominant refugee groups. More precisely, it argues that the humanitarian practices contribute to structural processes of invisibilisation of the particularities of the protection concerns and circumstances of Sudanese refugees. It spotlights how, while racism and racial discrimination remain major protection concerns for the Sudanese community in Lebanon, humanitarian vulnerability assessments are altogether blind to these categories of harm. In examining how Sudanese refugees respond to and resist such processes of invisibilisation, the article also examines two key collective action approaches through which Sudanese refugees seek to access better protection and assistance: the establishment of representative refugee committees, on the one hand, and refugee protest, on the other. It finds that refugee protest was an important means of countering humanitarian processes of invisibilisation.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47622175","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}
Between 2016 and 2019, almost all asylum seekers who managed to reach the Greek islands in the North Aegean Sea had to undergo an assessment of their vulnerability within the EU hotspot system. Those who were found vulnerable were exempted from return under the EU-Turkey Agreement and were free to leave for the Greek mainland. This article provides a detailed account of the vulnerability procedure, which classifies migrants through pre-established categories on account of externally distinguishable features rather than individual experiences. As is shown, this type of group-based management of refugees preceded the Refugee Convention, but has since the 1960s primarily been applied in the Global South. The use of this procedure in Europe reflects an exception from the European individualist human rights approach. In the context of EU hotspots, the vulnerability procedure provides a pathway to exemption from externalisation, for those who can live up to its requirements of documentable hardship.
{"title":"Examining the Vulnerability Procedure: Group-based Determinations at the EU Border","authors":"Karin Åberg","doi":"10.1093/rsq/hdab011","DOIUrl":"https://doi.org/10.1093/rsq/hdab011","url":null,"abstract":"\u0000 Between 2016 and 2019, almost all asylum seekers who managed to reach the Greek islands in the North Aegean Sea had to undergo an assessment of their vulnerability within the EU hotspot system. Those who were found vulnerable were exempted from return under the EU-Turkey Agreement and were free to leave for the Greek mainland. This article provides a detailed account of the vulnerability procedure, which classifies migrants through pre-established categories on account of externally distinguishable features rather than individual experiences. As is shown, this type of group-based management of refugees preceded the Refugee Convention, but has since the 1960s primarily been applied in the Global South. The use of this procedure in Europe reflects an exception from the European individualist human rights approach. In the context of EU hotspots, the vulnerability procedure provides a pathway to exemption from externalisation, for those who can live up to its requirements of documentable hardship.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44530750","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":"Reproductive Health for Conflict-Affected Displaced Women in Nigeria: An Intersectionality-Based Critical Ethnography Study","authors":"Oluwakemi Amodu, B. Salami, M. Richter","doi":"10.1093/RSQ/HDAB009","DOIUrl":"https://doi.org/10.1093/RSQ/HDAB009","url":null,"abstract":"","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49301884","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":"Markets, Social Networks, and Internally Displaced Persons: Gaining and Maintaining Market Access in the Democratic Republic of Congo","authors":"Gloria Nguya Binda, D. Koch","doi":"10.1093/RSQ/HDAA042","DOIUrl":"https://doi.org/10.1093/RSQ/HDAA042","url":null,"abstract":"","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48742147","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}
The nexus of violent conflict and forced migration has received continuous scholarly attention since the 1980s, but what are the focus areas and key strands in these research debates? Based on a semi-systematic review of research published between 1980 and 2020, this article examines debates about conflict, displacement, and peace. The review leads to the identification of three main strands that are closely connected: the structural links outlining how conflicts contribute to displacements; the various prevailing risks of violence; and the individual and collective strategies of displaced people to cope with dangers and experiences especially in host countries and regions. Despite this broad and still-growing body of literature, peace is found to have been insufficiently addressed in debates thus far. Only few studies attend to peace, and they mainly connect it to return to places of origin, peace(building) education by aid actors, or partly displaced people being potential destabilisers of peace processes. Hence, the roles of peace and displaced people’s practices to support peace constitute key areas requiring further research going forwards.
{"title":"Conflict, Displacement … and Peace? A Critical Review of Research Debates","authors":"U. Krause, N. Segadlo","doi":"10.1093/rsq/hdab004","DOIUrl":"https://doi.org/10.1093/rsq/hdab004","url":null,"abstract":"\u0000 The nexus of violent conflict and forced migration has received continuous scholarly attention since the 1980s, but what are the focus areas and key strands in these research debates? Based on a semi-systematic review of research published between 1980 and 2020, this article examines debates about conflict, displacement, and peace. The review leads to the identification of three main strands that are closely connected: the structural links outlining how conflicts contribute to displacements; the various prevailing risks of violence; and the individual and collective strategies of displaced people to cope with dangers and experiences especially in host countries and regions. Despite this broad and still-growing body of literature, peace is found to have been insufficiently addressed in debates thus far. Only few studies attend to peace, and they mainly connect it to return to places of origin, peace(building) education by aid actors, or partly displaced people being potential destabilisers of peace processes. Hence, the roles of peace and displaced people’s practices to support peace constitute key areas requiring further research going forwards.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41593275","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":"Contemporary Perspectives on Internal Displacement in Africa: An Introduction to the Refugee Survey Quarterly Special Collection","authors":"D. Cantor, Nicholas Maple","doi":"10.1093/RSQ/HDAB008","DOIUrl":"https://doi.org/10.1093/RSQ/HDAB008","url":null,"abstract":"","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44050915","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}
Humanitarian actors often face competing accountabilities that may skew “upwards” in favour of donors. With increasing requirements on humanitarian actors to demonstrate efficiency and impact, accountability has often become depoliticised, reduced to technical frameworks and bureaucratic processes. Within humanitarian work focused on promoting gender equality, the problems in how accountability is framed have particular ramifications, affecting how gender issues are positioned, how gender-related data are presented and the assumptions underlying interventions that seek to address gender inequality. This article is based on ethnographic research in Jordan, specifically interviews with humanitarian practitioners and Syrian refugees. It explores how accountability for gender issues is positioned within the humanitarian sector. The article challenges the fixation on collecting quantitative data on gender-based violence and suggests that humanitarian assumptions about refugee populations may lead to stereotypical and homogenous representations about refugees that fail to recognise complexity. It provides examples of gaps in humanitarian assistance experienced by Syrian refugees in Jordan. The article also suggests that accountability for social transformation and change may be shifting from humanitarian actors towards refugees themselves. The article recommends that approaches to humanitarian accountability should prioritise listening, and being honest about failures and gaps in knowledge.
{"title":"Skewed Allegiances: Recalibrating Humanitarian Accountability towards Gender","authors":"Michelle Lokot","doi":"10.1093/RSQ/HDAB007","DOIUrl":"https://doi.org/10.1093/RSQ/HDAB007","url":null,"abstract":"\u0000 Humanitarian actors often face competing accountabilities that may skew “upwards” in favour of donors. With increasing requirements on humanitarian actors to demonstrate efficiency and impact, accountability has often become depoliticised, reduced to technical frameworks and bureaucratic processes. Within humanitarian work focused on promoting gender equality, the problems in how accountability is framed have particular ramifications, affecting how gender issues are positioned, how gender-related data are presented and the assumptions underlying interventions that seek to address gender inequality. This article is based on ethnographic research in Jordan, specifically interviews with humanitarian practitioners and Syrian refugees. It explores how accountability for gender issues is positioned within the humanitarian sector. The article challenges the fixation on collecting quantitative data on gender-based violence and suggests that humanitarian assumptions about refugee populations may lead to stereotypical and homogenous representations about refugees that fail to recognise complexity. It provides examples of gaps in humanitarian assistance experienced by Syrian refugees in Jordan. The article also suggests that accountability for social transformation and change may be shifting from humanitarian actors towards refugees themselves. The article recommends that approaches to humanitarian accountability should prioritise listening, and being honest about failures and gaps in knowledge.","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48527133","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}
Luisa Feline FREIER and Jean-Pierre GAUCI; Refugee Rights Across Regions: A Comparative Overview of Legislative Good Practices in Latin America and the EU, Refugee Survey Quarterly, Volume 39, Issue 3, 2020, Pages 321–362, https://doi.org/ 10.1093/rsq/hdaa011
{"title":"Corrigendum to: “Refugee Rights Across Regions: A Comparative Overview of Legislative Good Practices in Latin America and the EU”","authors":"","doi":"10.1093/rsq/hdab003","DOIUrl":"https://doi.org/10.1093/rsq/hdab003","url":null,"abstract":"<span>Luisa Feline FREIER and Jean-Pierre GAUCI; Refugee Rights Across Regions: A Comparative Overview of Legislative Good Practices in Latin America and the EU, Refugee Survey Quarterly, Volume 39, Issue 3, 2020, Pages 321–362, https://doi.org/ 10.1093/rsq/hdaa011</span>","PeriodicalId":39907,"journal":{"name":"Refugee Survey Quarterly","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138496070","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}
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