African Asylum at a Crossroads


Book Description

African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony. Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate. Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.




A Bewitched Crossroad


Book Description




Forensic Linguistics


Book Description

According to international statistics, the world is currently undergoing one of the largest refugee catastrophes in modern history. This humanitarian crisis has stimulated the mobilization of countless private and public rescue and relief efforts. Yet, deep-seated concerns over potential breaches of national security and wide-spread fears over uncontrolled mass immigration have prompted many policy-makers to caution against the unregulated entry of foreigners with little or no identity documentation. In an effort to strike a balance between addressing the needs of these two competing sets of concerns, an increasing number of governments have instituted policies and procedures for identity verification. In this multi-authored work, the focus is placed upon the widespread governmental use of language analyses to investigate displaced persons’ registered origins. This dynamic collection of writings provides readers with a thought-provoking, politically-stimulating, intellectually challenging examination of the pitfalls and promise of these practices across differing sociopolitical, legal, linguistic, and geographical contexts. This contextual diversity reflects the unique strength of this reference work. Unlike so many other publications on the market that focus rigidly upon a single vantage point, this work offers a dynamic exploration of the theory and practice of language analysis for governmentally-mandated identification procedures. From the linguistic scholar to the human rights activist, the agency worker to the asylum-seeking applicant, this collection offers a complex and rich cross-section of professional and personal experiences. The multiplicity of perspectives is powerfully complemented by the heterogeneity of disciplines represented in this work. From sociology, psychology, demography, and language policy to linguistics, ethics, international affairs, government and politics, this work will satisfy a wide variety of readers’ scholarly interests and commensurately serves as an excellent reference work for researchers and practitioners as well as a valuable teaching resource for graduate and undergraduate courses.




Difficult Life in a Refugee Camp


Book Description

Offering nuanced insights into violence, humanitarian protection, gender relations, and coping of refugees in a Ugandan refugee camp, this book shows how risks prevail for refugees despite and partly due to their settlement in the camp and the system established to protect them, and hones in on the strategies used by people to protect themselves.




Contemporary Slavery


Book Description

This volume brings together a cast of leading experts to carefully explore how the history and iconography of slavery has been invoked to support a series of government interventions, activist projects, legal instruments, and rhetorical performances. However well-intentioned these interventions might be, they nonetheless remain subject to a host of limitations and complications. Recent efforts to combat contemporary slavery are too often sensationalist, self-serving, and superficial and, therefore, end up failing the crucial test of speaking truth to power. The widely held notion that antislavery is one of those rare issues that "transcends" politics or ideology is only sustainable because the underlying issues at stake have been constructed and demarcated in a way that minimizes direct challenges to dominant political and economic interests. This must change. By providing an original approach to the underlying issues at stake, Contemporary Slavery will help readers understand the political practices that have been concealed beneath the popular rhetoric and establishes new conversations between scholars of slavery and trafficking and scholars of human rights and social movements. Contributors: Jean Allain, Jonathan Blagbrough, Roy Brooks, Annie Bunting, Austin Choi-Fitzpatrick, Andrew Crane, Rhoda Howard-Hassmann, Fuyuki Kurasawa, Benjamin Lawrance, Joel Quirk, and Darshan Vigneswaran




Cultural Expertise, Law, and Rights


Book Description

Cultural Expertise, Law, and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications and ethical implications. This book engages an extensive and interdisciplinary variety of topics – ranging from race, language, sexuality, Indigenous rights and women’s rights to immigration and asylum laws, international commercial arbitration and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, the Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences – especially law, anthropology, and sociology – and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law and other fields of law in which cultural arguments play a role. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.




Refugee Law's Fact-Finding Crisis


Book Description

At a time when many around the world are fleeing their homes, seeking refugee protection has become a game of chance. Partly to blame is the law that governs how refugee status decision-makers resolve their doubts. This long-neglected branch of refugee law has been growing in the dark, with little guidance from the Refugee Convention and little attention from scholars. By looking closely at the Canadian jurisprudence, Hilary Evans Cameron provides the first full account of what this law is trying to accomplish in a refugee hearing. She demonstrates how a hole in the law's normative foundations is contributing to the dysfunction of one of the world's most respected refugee determination systems, and may well be undermining refugee protection across the globe. The author uses her findings to propose a new legal model of refugee status decision-making.




Adjudicating Refugee and Asylum Status


Book Description

A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.




African Witchcraft and Global Asylum-Seeking


Book Description

This book analyzes how over the last two decades, immigration regimes in three primary refugee-receiving states in the Global North – Canada, Australia, and the United Kingdom – have engaged with allegations about witchcraft-driven violence made by asylum seekers coming from Anglophone countries across the African continent. The work intervenes at the nexus of anthropological, historical, legal, developmental, and human rights literatures to offer fresh insights into extrajudicial violence and global migration. Taking witchcraft-based asylum cases as its focal point, it argues that the recent dramatic expansion in claims to refugee protection under the ‘particular social group’ category of the 1951 UN Refugee Convention reflects immigration authorities’ increasing willingness to consider how legally recognizable persecution can derive from cultural practices and beliefs. Reflecting critically on such cases, it advances understandings of how witchcraft beliefs and practices have persisted as significant engines of violence in the contemporary world. It sheds light both on the limits of legal pluralism and cultural relativism in asylum adjudication and on how social scientific expertise contributes not simply to the flow of ideas, but also to the channelling of people across national, cultural, and epistemological boundaries. The book will be essential reading for students and researchers in legal anthropology, African studies, human rights, transnational history, migration and refugee law and policy, and the history and anthropology of witchcraft.




Dreams for Lesotho


Book Description

In Dreams for Lesotho: Independence, Foreign Assistance, and Development, John Aerni-Flessner studies the post-independence emergence of Lesotho as an example of the uneven ways in which people experienced development at the end of colonialism in Africa. The book posits that development became the language through which Basotho (the people of Lesotho) conceived of the dream of independence, both before and after the 1966 transfer of power. While many studies of development have focused on the perspectives of funding governments and agencies, Aerni-Flessner approaches development as an African-driven process in Lesotho. The book examines why both political leaders and ordinary people put their faith in development, even when projects regularly failed to alleviate poverty. He argues that the potential promise of development helped make independence real for Africans. The book utilizes government archives in four countries, but also relies heavily on newspapers, oral histories, and the archives of multilateral organizations like the World Bank. It will interest scholars of decolonization, development, empire, and African and South African history.