"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.

Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological (...) class='Hi'>refugee states in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee.The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory. (shrink)

In 2011 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i.e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia, Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification problems in LGBT cases. Therefore, in this (...) article the author aims to describe the main refugee qualification problems in LGBT asylum cases (i.e., criminalisation; state protection against non-state persecution; concealment of sexual or gender identity; internal protection) and propose their solutions. Council Directive 2004/83/EC of 29 April 2004 has several important provisions including LGBT asylum seekers into otherwise gender-neutral refugee definition. Today these provisions need to be correctly interpreted and transposed into practice of the Member States. (shrink)

In this article, I consider the neglected question of justice between states in the distribution of responsibility for refugees. I argue that a just distribution of refugees across states is an important normative goal and, accordingly, I attempt to rethink the normative foundations of the global refugee regime. I show that because dismantling the restrictive measures currently used by states in the global South to prevent the arrival of refugees will not suffice to ensure a just distribution of refugees (...) between states, a more detailed account of how responsibilities should be shared between states is required. To this end, I make three claims. First, I argue that the definition of ‘refugee’ must be broadened beyond those subjected to persecution to include harms of action or omission by states that seriously jeopardise personal security or subsistence needs. Second, I argue that allocating a fair share of refugees to states should be based on state’s integrative capacities. Finally, I argue that distributive justice between states must be balanced against the legitimate interests of refugees in their destination country and the duty of states to ensure they are settled in places where they are likely to flourish. (shrink)

Should refugees govern refugee camps? This paper argues that they should. It draws on normative political thought in consulting the all-subjected principle and an instrumental defense of democratic rule. The former holds that all those subjected to rule in a political unit should have a say in such rule. Through analyzing the conditions that pertain in refugee camps, the paper demonstrates that the all-subjected principle applies there, too. Refugee camps have developed as near distinct entities from their (...) host states. They have formed their own economic, legal and even political systems within which refugees are subjected to political rule. The paper then demonstrates that democratic rule should be preferred over any other decision-making procedure. No amount of experts can replace the institutions that would lead to the accountability of decision-makers and to the incorporation of refugees as situated and epistemically diverse knowers of the problems they face and the solutions that would work best. (shrink)

Europe is facing a wave of refugees and migrants. To solve the many inherent problems is primarily a practical political task. However, there are existential experiences, democratic values, human attitudes, and political principles involved, and I am going to look particularly to the following three aspects of the refugee crisis, 1) the existential, 2) the political, and 3) the legal. Finally, I will make a concluding remark on education’s task.

Most refugees residing in the European Union (EU) do not retain their voting rights in states of origin or lack the means to exercise them effectively. Most member states of the EU do not extend voting rights to refugees. This leaves a large population of refugees residing within the borders of the EU in a unique state of disenfranchisement. In this article, I consider this problem from a democratic perspective. Should refugees in the EU have voting rights? My answer turns (...) on three aspects characterizing the circumstances of refugees: First, refugees reside in member states for an indeterminate, and typically protracted, amount of time without any exit options. Second, the political governance of the EU and its member states significantly shapes the lives of refugees. And third, refugees lack effective voting rights, and consequently, a meaningful political membership, in any political community across the world. In turn, based on an all-subjected principle of democratic inclusion, I argue that refugees should be secured state-level voting rights in member states, albeit with a condition of the period of residency. Moreover, they should have immediate voting rights at the supranational institutions of the EU such as the European Parliament. (shrink)

Refugees, who were traditionally conceived and presented as humanitarian issues, are now increasingly viewed as security threats. The language of threat now dominates refugee discourses and policymaking as well as scholarly analysis. Focusing on Kenya and Tanzania, this paper explores how refugees have been reconstruction as security threats and the impact this reconstruction has had on refugee rights and protection. The paper argues that whereas the perception of refugees as a threat is not without merit and there is (...) therefore need for measures to address this threat, it is possible for this to be done without violating refugee rights. In other words, the protection of state security and refugee security are not and should not be mutually exclusive. (shrink)

With increasingly protracted conflict and crisis situations and today’s sustainable development imperative, the global community is facing challenges in providing quality education to refugee learners. The article reflects on conventional approaches that have been adopted by the global stakeholders and questions whether the current state of refugee education is indeed educational. Based on Paulo Freire’s theoretical standpoint, the article draws on limitations of the dominant approaches in the field of refugee education. It argues that there needs to (...) be an alternative view perceiving refugees beyond merely beneficiaries of educational interventions, and education beyond a tool for domestication. (shrink)

It is estimated that there could be 200 million‘environmental refugees’ by the middle of this century. One major environmental cause of population displacement is likely to be global climate change. As the situation is likely to become more pressing, it is vital to consider now the rights of environmental refugees and the duties of the rest of the world. However, this is not an issue that has been addressed in mainstream theories of global justice. This paper considers the potential of (...) two leading liberal theories of international justice to address the particular issues raised by the plight of potential and actual environmental refugees. I argue that neither John Rawls’s ‘Law of Peoples’ approach nor Charles Beitz’s `cosmopolitanism' is capable of providing an adequate account of justice in this context. Beitz’s theory does have some advantages over Rawls’s approach but it fails to take proper account of the attachment that some people have to their own ‘home’. (shrink)

It is widely accepted that states have a right to control immigration, but must accept refugees at risk in their home countries. If this is true, perhaps states have a right to deport refugees once their lives are no longer at risk in their home countries. I raise three types of arguments against this claim, and in support of refugees’ right to remain. Citizenship-based arguments hold that refugees have a right to obtain citizenship, and with citizenship comes the right to (...) remain. Plans-based arguments hold that refugees have a right to plan their lives, and they will struggle to plan without the right to remain. Reciprocity-based arguments hold that refugees have a right to reciprocal relationships with citizens, far easier if they know they can remain. I reject the first two arguments, and defend the third. (shrink)

States are increasingly paying other states to host refugees. For example, in 2010 the EU paid Libya € 50 million to continue hosting the refugees within its borders, and five years later Australia offered Cambodia $31.16 million to accept asylum seekers living in Naru. These exchanges, which I call ‘refugees markets,’ have faced criticism by philosophers. Some philosophers claim the markets fail to ensure true protection, and are demeaning, expressing just how much refugees are unwanted. In response, some have defended (...) refugee markets, claiming they can ensure refugees have protection and are not demeaned. I argue that many markets do demean refugees, and therefore have moral costs, but can still be all-things-considered preferable to alternative schemes if they protect refugees more than these alternative schemes. (shrink)

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically dist...

THERE IS A RELATIVE DEARTH OF THEOLOGICAL CONTRIBUTION TO PRESENT-day discussion about the status of territorial borders. Secularist discourse tends to divide between "partialists" and "impartialists." Partialists work with an ideal of states as distinct cultural communities, which justifies priority for the interests of citizens over refugees. Impartialists work with an ideal of states as cosmopolitan agents, which takes into account equally the interests of citizens and refugees. The aim of this essay is to show how selected biblical texts help (...) to rethink these categories and offer different, theologically informed ways of construing the meaning of borders. The need for an "ethic of answerability" is established and initial suggestions are given as to how this approach might be developed. (shrink)

Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all (...) who are unable to meet their basic needs on their own as ‘refugees’, and to extend to them the sorts of protections established under the United Nations Refugee Convention. Such an approach would expand the traditional refugee definition significantly. Unlike most academic commentators discussing this issue, I reject calls for an expanded refugee definition, and instead defend the core elements of the definition set out in the 1967 Protocol to the United Nations Refugee Convention. Using the tools of moral and political philosophy, I explain in this article how the group picked out by this definition has particular characteristics that make refugee protection distinctly appropriate for it. While many people in need of assistance can be helped ‘in place’, in their home countries, or by providing a form of temporary protected status to them, this is not so, I show, of convention refugees. The group picked out by the UN refugee definition is a normatively distinct group to whom we owe particular duties, duties we can only meet by granting them refuge in a safe country. Additionally, there are further practical reasons why a broader refugee definition may lead to problems. Finally, I argue that rejecting the call for a broader definition of refugees will better help us meet our duties to those in need than would an expanded definition. (shrink)

Bosnian refugee women adapted more quickly than their male partners to their host environments in Vienna and New York City because of their self-understanding and their traditional roles and social positions in the former Yugoslavia. Refugee women's integration into host societies has to be understood through their specific historical experiences. Bosnian women in exile today continue to be influenced by traditional role models that were prevalent in the former Yugoslavia's 20th-century patriarchal society. Family, rather than self-fulfillment through wage (...) labor and emancipation, is the center of life for Bosnian women. In their new environment, Bosnian refugee women are pushed into the labor market and work in low-skill and low-paying jobs. Their participation in the labor market, however, is not increasing their emancipation in part because they maintain their traditional understanding of zena (women) in the patriarchal culture. While Bosnian women's participation in low-skill labor appeared to be individual families’ decisions more in New York City than in Vienna, in the latter almost all Bosnian refugee women in my sample began to work in the black labor market because of restrictive employment policies. In contrast to men, women were relatively nonselective and willing to take any available job. Men, it seems, did not adapt as quickly as women to restrictions in the labor market and their loss of social status in both host societies. Despite their efforts, middle-class families in New York City and Vienna experienced substantial downward mobility in their new settings. Women's economic and social downward mobility in (re)settlement, however, did not significantly change the self-understanding of Bosnian women. Their families’ future and advancements socially and economically, rather than the women's own independence and emancipation remained the most important aspect of their being. (shrink)

According to the UN, 65.3 million forcibly displaced people languish in camps and slums or making desperate journeys toward safety. The global community has not only failed to help many of these people; in many cases it has actively obstructed them from finding security and a new home for themselves and their families. Moral responsibilities to refugees are not exhausted by policies and actions. They also extend to how to think about the refugee crisis. Pundits, politicians, and political philosophers (...) have failed to live up to these responsibilities by perpetuating populist myths, the causes of refugees’ flight, and the policies that prevent them from resuming their lives. (shrink)

Refugee crises are one of the grand challenges of the 21st century. Despite the theoretical importance attached to value created for beneficiaries in the partnership literature, research tends to focus on internal processes and value created for partners and partnerships, leading to widespread calls to further specify the value created by partnerships for beneficiaries. Applying an analytical framework from the value creation and social impact literatures, we report on a study of multiple social partnerships of a nongovernmental organization in (...) the refugee issue field. Our results demonstrate that frames of refugees held by partners and in partnerships’ implementation contexts shape the value creation activities undertaken for beneficiaries, and determine whether value is created and what types of value. The dual contribution of this article comprises a rare empirical study of value creation activities for beneficiaries (here, refugees) and theorization of how and when implementation context affects value creation by partnerships. (shrink)

The Roman imperial Stoics were familiar with exile. I argue that the Stoics’ view of being a refugee differed sharply from their view of what is owed to refugees. A Stoic adopts the perspective of a cosmopolitēs, a ‘citizen of the world’, a rational being everywhere at home in the universe. Virtue can be cultivated and practiced in any locale, so being a refugee is an ‘indifferent’ that poses no obstacle to happiness. But other people are our fellow (...) cosmic citizens regardless of their language, race, ethnicity, customs, or country of origin. Our natural affinity and shared sociability with all people require us to help refugees and embrace them as welcome neighbors. Failure to do so violates our common reason, justice, and the gods’ cosmic law. (shrink)

The Roman imperial Stoics were familiar with exile. This paper argues that the Stoics’ view of being a refugee differed sharply from their view of what is owed to refugees. A Stoic adopts the perspective of a cosmopolitēs, a “citizen of the world,” a rational being everywhere at home in the universe. Virtue can be cultivated and practiced in any locale, so being a refugee is an “indifferent” that poses no obstacle to happiness. Other people are our fellow (...) cosmic citizens, however, regardless of their language, race, ethnicity, customs, or country of origin. Our natural affinity and shared sociability with all people require us to help refugees and embrace them as welcome neighbors. Failure to do so violates our common reason, justice, and the gods’ cosmic law. (shrink)

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never (...) be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states. (shrink)

This paper discusses a recent turn in the ethics of refugee resettlement which involves taking the interests of refugees themselves into account in the distribution of refugees among potential refugee receiving countries. It argues that there is an important category of interest that does not align with the two commonly held views on what is owed to refugees: ‘safety’ or ‘conditions of a good life’. This category, focussing on the refugees’ interests in not being subjected to a variety (...) of non-asylum-grounding injustices, should, by default, take precedence in the assessment of the refugee-based reasons in refugee resettlement. The normative salience of this category – not being subjected to injustice – is illustrated with the help of the case of LGBTIQ+ refugees, and the kinds of injustices they may be subject to in countries that provide them with asylum. (shrink)

Since 2015, the ‘refugee crisis’ is possibly the most photographed humanitarian crisis in history. Photographs taken, for instance, in Lesvos, Greece, and Bodrum, Turkey, were instrumental in generating waves of public support for, and populist opposition to “welcoming refugees” in Europe. But photographs do not circulate in a vacuum; this book explores the visual economy of the ‘refugee crisis,’ showing how the reproduction of images is structured by, and secures hierarchies of gender, sexuality, and ‘race,’ essential to the (...) functioning of bordered nation-states. Taking photography not only as the object of research, but innovating the method of photographìa— the material trace of writing/grafì with light/phos—this book urges us to view images and their reproduction critically. Part theoretical text, part visual essay, "Reproducing Refugees" vividly shows how institutional violence underpins both the spectacularity and the banality of ‘crisis.’ This book goes about synthesising visual studies with queer, feminist, postcolonial, post-structuralist, and post-Marxist theories. "Reproducing Refugees: Photographìa of a Crisis" offers theoretical frameworks and methodological tools to critically analyse representations, both those circulated through hegemonic institutions, and those generated from ‘below’. It carves a space between logos and praxis, ways of knowing and ways of doing, by offering a new visual language that problematises reified categories such as that of the ‘refugee’ and makes possible disruptive, alternative, resistant perceptions. The book contributes to the fields of migration and border studies, critically engaging visual narratives drawn from migration movements to question dominant categories and frameworks, from a decolonial, no-borders, queer feminist perspective. (shrink)

This article—a tribute to philosopher Bat-Ami Bar On—argues that states have obligations to not only resettle refugees, but also to put into place laws, policies, and procedures that are likely to ameliorate exclusionary attitudes and socio-political stances of existing members toward refugees and other forcibly displaced persons. The article begins with a recollection of Bar On, who encouraged the author to pursue the well-being of refugees as a worthy philosophical topic. The article then argues that refugee camps do not (...) serve the purpose of justice; therefore, resettlement must be sought. Resettlement, in turn, raises several questions that egalitarians must take more seriously. In the end, equitable resettlement of refugees requires a broad based ethics of inclusivity and equality that bolsters community willingness to share spaces and “live and let live” in the face of cultural differences. (shrink)

This study examines the multi-contextual dynamics of refugee entrepreneurship through the lens of embeddedness. It attempts to explain the interplay of inclusion and exclusion within a host society. For this purpose, the study qualitatively analyses the narratives of 39 Syrian refugee entrepreneurs and four critical informants in Türkiye. Our findings reveal a diverse set of refugee entrepreneurs, categorized into survival, ethnic-targeting, and integrating entrepreneurs, based on their motivations and level of embeddedness. Interestingly, as refugee entrepreneurs become (...) more embedded in the host country, they experience increased exclusion due to various societal factors. To navigate these challenges, entrepreneurs continually negotiate their societal position using innovative strategies to combat exclusion. Our study incorporates social, political, institutional, and spatial contexts across host, home, and third countries. Thus, it extends the embeddedness literature by highlighting refugee entrepreneurs' multi-layered and multi-locational embeddedness. Our findings also emphasise the significant role of political embeddedness, which Research often overlooks. Differentially excluding refugee entrepreneurs from society and their counter-strategies are closely tied to their limited political embeddedness. Finally, we discuss the ethical and policy implications of promoting the inclusion of refugee entrepreneurs and contributing to the United Nations' Sustainable Development Goals. We argue that clear integration policies, removal of institutional barriers, and international cooperation are necessary. (shrink)

ABSTRACTThis paper argues that the contemporary international refugee regime is grounded in a paradigm of ‘homesickness’, which puts the refugee in an inferior position of the supplicant, whose subjectivity is framed by the regime of fixed belonging. In order to address this situation, we need to challenge the ontological primacy of homesickness and embrace ‘homelessness’, which offers the possibility of rethinking the positions of both refugees and non-refugees in ethical terms. While the responsibility of the non-refugees lies in (...) cultivating an ethos of hospitality, the refugee can take hold of her subjectivity through the practice of care of the self. This paper first examines Nietzsche’s thought on homelessness and compares it with Foucault’s reading of the role of anakhōrēsis in the Hellenistic practice of care of the self. It then suggests how, by building on the project of universal hospitality, we can interpret the figure of the refugee through the prism of an ethic of freedom, anchored in a posit... (shrink)

The paper examines the representations of Ukrainian refugees in Polish press at the beginning of the 2022 Russian invasion. Using corpus linguistics methods (namely, collocation analysis) it shows that the displaced Ukrainians were mostly referred to as (war) refugees and discussed with respect to their movement and reception in Poland. The study contrasts the construal of Ukrainian refugees in media outlets with different ideological and business aims. The findings are also discussed with respect to how European media tend to cover (...) immigration from other regions, notably the Middle East and North Africa, and how these two types of migration become linked in the analysed news reports. Altogether, while pointing to a potential of the media to shape positive attitudes towards refugees, as attested by their coverage of Ukrainians, the study also highlights the extent to which racism is likely to determine the construal of different groups of migrants. (shrink)

In this paper, I explore the experiences of women who found refuge in Serbia during the war in the former Yugoslavia. I look at the women's experiences of both leaving home and coping with everyday life in refuge. The exploration of refugee women's experiences is mainly based on analyses of their own stories, which I collected while researching women and war. In spite of all the hardship of their lives, refugee women who fled to Serbia have been treated (...) by Western media, the public and aid organizations as ‘UNPEOPLE’ or as non-existent. Making their experiences visible as women, refugees and citizens is the main purpose of this article. (shrink)

The European Commission’s distribution key for refugees across the EU is wanting in many respects. Two LSE researchers defend an alternative key based on pragmatic and realistic criteria. The outcome is sometimes surprising.

Should refugees receive political rights in liberal democracies? I argue that they should. Refugees are special – at least when it comes to claims towards democratic inclusion. They lack exit options and are significantly impacted by decisions made in liberal democracies. Enfranchisement is a matter of urgency to them and should occur on a national level. But what justifies the democratic inclusion of refugees? I draw on the all-subjected principle in arguing that all those subjected to rule in a political (...) unit should have a say in such rule. I show that refugees cannot be denied democratic inclusion based on the argument that transients should be excluded from participation. Refugees are not transients. Finally, I show that naturalization is not a prerequisite for enfranchisement. Political rights and citizenship can be had independently of each other. Refugees, then, should be nationally enfranchised as soon as they receive refugee status. (shrink)

Jennifer Kling argues that war refugees suffer a series of wrongs and oppressions and so are owed restitution and aid—as a matter of justice—by socio political institutions. She makes the case that they should be viewed differently than migrants but that their circumstances do not wholly alleviate their own moral responsibilities.

Poland has faced two waves of migration: the first was of irregular asylum seekers, which led to the humanitarian crisis on the eastern EU–Belarusian border since 2021; the second was of Ukrainians fleeing the Russian invasion. Although there are noticeable differences between these situations, and between the different reactions of the Polish authorities, it is possible to juxtapose them in terms of the right to health. The normative content of refugee and human rights law is the starting point for (...) reconstructing the meaning of the terms ‘refugee’ and ‘right to health’. A refugee is a person who needs international protection because of a well-founded fear of harm, which is not limited to persecution as defined by the Refugee Convention but also includes situations of international and non-international armed conflict. The right to health, which includes, inter alia, entitlements to a ‘system of health protection’ and ‘underlying determinations of health’, is reconstructed on the basis of human rights law and refugee and migration law. There are no legal and moral grounds to grant the right to health differentially to different groups of refugees. Nondiscriminatory health policy requires that refugees have the same access to health care as nationals, although their specific health needs resulting from past experiences and refugee situation require special treatment, that is, an appropriate refugee health policy. The broad understanding of the underlying determinants of health demonstrates the importance of overall migration policy for refugees’ health, which can jeopardise the fragile good of refugee health. (shrink)

In the literature on refugeehood in political theory, there has been a recent turn towards what have been called “state system legitimacy” views. These views derive an account of states’ obligations to refugees from a broader picture of the conditions for international legitimacy. This paper seeks to develop the state system legitimacy view of refugeehood by subjecting the most developed version of it—the account developed by David Owen—to critical scrutiny. We diagnose an ambiguity in Owen’s theory of refugeehood, in the (...) concept of political membership, and unpack the implications of this ambiguity for state system legitimacy views. First, we reconstruct the key aspects of Owen’s account of refugeehood and show how it represents an advance over competing theories. Then we discuss the methodological underpinnings of Owen’s account, showing the constraints and opportunities faced by state system legitimacy views. Next, we raise some problems for the conceptual distinctions that Owen develops between different types of refugee protection: asylum, sanctuary, and refuge. The underlying feature that leads to these problems is an ambiguity in the concept of political membership, which is at the core of Owen’s view of refugeehood. Finally, we distinguish two interpretations of political membership in the institution of refugeehood and chart out some possible ways forward for state system legitimacy views. The critique developed here is a sympathetic one, aimed at the further development of state system legitimacy views. (shrink)

It seems that more often than not, refugees and asylum seekers are associated with the notion of ‘limbo’. This terminology is used to illustrate situations in which people are unable to access systems that would alleviate their ‘standstill’ lives. In other words, when it is said that people are in limbo, it is understood they have a sense of hopelessness. Specifically, in the media, at least three examples of ‘limbo’ are often used: limbo as a physical space, limbo as a (...) type of legal conflict or legal irreconcilability and metaphysical limbo or the type of limbo that exists in one’s mind. Unfortunately, the refugee experience is so commonly associated with the idea of limbo that it appears to be the central space that refugees ‘belong’—presumably, due to the inaccessible or unpreventable nature of their predicament, they are unable to escape their life in limbo. However, it is important to understand that limbo does not simply ‘exist’. It is something that is created. In the case of Australia, refugee limbos appear as certain types due to the restrictive nature of the Government’s laws and policies. This article explores the usage of the term ‘limbo’ in the media in order to draw attention to its overwhelming presence and map specific types of discourse and ideologies. Further, it is shown that limbo should not be considered something which is out of our control or something inherent in the refugee experience but instead, is a tool used by governments to restrict refugee access to the border and systems of protection. (shrink)

This study focuses on the question of how Muslim chaplains can, through their interventions, exert an influence on the situation of refugees, characterised by vulnerability and loss of home. Based on definitions in social work and anthropology studies, home can be conceptualised as a key anthropological need, comprised of spatial, temporal, relational and spiritual dimensions. Referring to an empirical study on asylum chaplaincy in Switzerland, this study analyses how five Muslim chaplains accompany refugees, how their styles of chaplaincy differ in (...) practice and what effects their interventions have. These empirical results are then brought into conversation with a theoretical framework, to explore the connections between counselling and vulnerability. While it could be argued that referring to the vulnerable situation of refugees reinforces an image of passivity, the co-construction of a home represents a collaborative effort and empowers refugees by mobilising both forces and resources. Chaplains, in particular, can contribute to the relational and spiritual dimensions of home. For refugees, articulating their religious concerns and working together with Muslim chaplains, means they can address the limits of the existing asylum system and demand recognition of cultural diversity. (shrink)

Often, a more or less universal quality is attributed to certain legal concepts. For refugee scholars working between 1933 and 1945, the universal quality of these concepts was challenged on two fronts: first, the breaking down of the Weimar Constitution and the German Rechtsstaat under Nazi rule demonstrated the fragility of a constitutional and legal order. Moreover, the breakdown of the German Rechtsstaat was felt on a deeper conceptual level. ‘Immutable’ legal concepts turned out to be easily mutated to (...) conform to Nazi ideology. The second major challenge to the universality of concepts thus pertains to the universal characteristics of the ‘concept of a concept’ itself. In brief, what German refugee legal scholars attempted to create in the course of the 1930s and 1940s was a ‘universal’ Rechtsstaat centred around concepts and legal scholarship that would avoid the breakdown by placing it into a feasible and balanced system of legal enforcement on an international level. Thus, in their new academic context, rather than dismissing the Rechtsstaatliche function of legal concepts and the role of legal scholars, refugee scholarship ventured to enhance it. This contribution argues that the development of Hersch Lauterpacht’s concept of human rights constitutes such an enhancement. (shrink)

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never (...) be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states. (shrink)

Refugee migration leads to increased diversity in host societies and refugees have to face many stereotyped attitudes in the host society. However, there has been little research on minority group stereotypes toward host society members and how these stereotypes relate to the acculturation-relevant attitudes of refugees in their first phase of acculturation. This study surveyed 783 refugees in Germany who had migrated mostly in the so-called “refugee crisis” between 2015 and 2016. At the time of the survey in (...) 2018, they had been in Germany for an average of 27 months. These refugees reported their positive and negative sociability stereotypes toward German host society members, acculturation-related orientations, shared reality values, and perceived discrimination. Results showed that positive sociability stereotypes toward host society members were associated with increased cultural adoption and shared reality. In contrast, negative sociability stereotypes negatively affected cultural adoption and shared reality. However, stereotypes showed no association at all with cultural maintenance. Interactions between sociability stereotypes and discrimination experiences highlighted a disillusion effect, in the sense that discrimination reduced the motivation to adopt the host culture more strongly among refugees who held strongly positive sociability stereotypes. The study extends knowledge on the significance of minority group stereotypes in the context of refugee migration and reveals the maladaptive consequences of discriminatory behavior against refugees by host society members. (shrink)

The most recent global refugee figures are staggering, with over 82.4 million people forcibly displaced and 26.4 million registered refugees. The ongoing conflict in Syria is a major contributor. After a decade of violence and destabilization, over 13.4million Syrians have been displaced, including 6.7 million internally displaced persons and 6.7 million refugees registered in other countries. Beyond the immediate political and economic challenges, an essential component of any response to this humanitarian crisis must be health-related, including policies and interventions (...) specific to mental health. This policy and practice review addresses refugee mental health in the context of the Syrian crisis, providing an update and overview of the current situation while exploring new initiatives in mental health research and global health policy that can help strengthen and expand services. Relevant global health policy frameworks are first briefly introduced, followed by a short summary of recent research on refugee mental health. We then provide an update on the current status of research, service provision, and health policy in the leading destinations for Syrians who have been forcibly displaced. This starts within Syria and then turns to Turkey, Lebanon, Jordan, and Germany. Finally, several general recommendations are discussed, including the pressing need for more data at each phase of migration, the expansion of integrated mental health services, and the explicit inclusion and prioritization of refugee mental health in national and global health policy. (shrink)

This essay develops, within the terms of the recent New York Declaration, an account of the shared responsibility of states to refugees and of how the character of that responsibility effects the ways in which it can be fairly shared. However, it also moves beyond the question of the general obligations that states owe to refugees to consider ways in which refugee choices and refugee voice can be given appropriate standing with the global governance of refuge. It offers (...) an argument for the normative significance of refugee’s reasons for choosing states of asylum and linked this to consideration of a refugee matching system and to refugee quota trading conceived as responsibility-trading, before turning to the issue of the inclusion of refugee voice in relation to the justification of the norms of refugee governance and in relation to the institutions and practices of refugee governance through which those norms are given practical expression. (shrink)

This article considers the meanings attached to refugeehood, repatriation and liberal citizenship in the twentieth century. Refugees are those who have been unjustly expelled from their political community. Their physical displacement is above all symbolic of a deeper political separation from the state and the citizenry. ‘Solving’ refugees’ exile is therefore not a question of halting refugees’ flight and reversing their movement, but requires political action restoring citizenship. All three ‘durable solutions’ developed by the international community in the twentieth century (...) – repatriation, resettlement and local integration – are intended to restore a refugee's access to citizenship, and through citizenship the protection and expression of their fundamental human rights. Yet repatriation poses particular challenges for liberal political thought. The logic of repatriation reinforces the organization of political space into bounded nation–state territories. However, it is the exclusionary consequences of national controls over political membership – and through this of access to citizenship rights – that prompt mass refugee flows. Can a framework for repatriation be developed which balances national state order and liberal citizenship rights? This article argues that using the social contract model to consider the different obligations and pacts between citizens, societies and states can provide a theoretical framework through which the liberal idea of citizenship and national controls on membership can be reconciled. Historical evidence suggests that the connections in practice between ideas of citizenship and repatriation have been far more complex. In particular, debate between Western liberal and Soviet authoritarian/collectivist understandings of the relationship between citizen and state played a key role in shaping the refugee protection regime that emerged after World War II and remains in place today. Repatriation – or more accurately liberal resistance to non-voluntary refugee repatriation – became an important tool of Cold War politics and retains an important value for states interested in projecting and reaffirming the primacy of liberal citizenship values. Yet the contradictions in post-Cold War operational use of repatriation to ‘solve’ displacement, and a growing reliance on ‘state-building’ exercises to validate refugees’ returns demonstrates that tension remains between national state interests and the universal distribution of liberal rights, as is particularly evident when considering Western donor states’ contemporary policies on refugees and asylum. For both intellectual and humanitarian reasons there is therefore an urgent need for the political theory underpinning refugee protection to be closely examined, in order that citizenship can be placed at the centre of refugees’ ‘solutions’. ☆ The article is based on a paper given at a workshop on Citizenship organized by the Centre for History and Economics and held at Robinson College, Cambridge on 14–15 July 2008. It draws largely on archival research undertaken for my Ph.D., The Politics of Refugee Repatriation in the Twentieth Century, which was completed in July 2009 at the University of Cambridge. My particular thanks to Melissa Lane and Matthew Gibney for their help in developing these arguments, and to the archivists at UNHCR and the League of Nations Archives at UNOG. (shrink)

In the current framework of international protection, refugees almost invariably live in states where they hold no formal political status: they cannot vote, they cannot run for office, and they mu...

Taking the contemporary definition for ‘refugee’ by the UN High Commission for Refugees as a starting point, this article examines the law on refugee asylum in Deut. 23:16-17 for parallel points and concerns, in order to gain insight into the ethics that have driven its composition. This law is commonly included in discussions on slavery due to the use of עֶ֫בֶד, but the identification of this ‘slave’ as a foreign refugee seeking asylum in Israel has not been (...) adequately noted. Examining the law under this identification sheds light on refugee experience and Deuteronomy’s ethical stance on refugee asylum. (shrink)

This article addresses three questions. To what extent does the current refugee regime discriminate among refugees? When is such discrimination wrong? Could discrimination ever be justified pragmatically, for the sake of admitting more refugees given political constraints? In answer to the first question, it finds discrimination is rampant. There is the kind of discrimination that gets noticed: discrimination that states choose to enact within the refugee regime. But there is also a kind of discrimination that is missed: discrimination (...) that is a product of the regime itself. The second question proves tricky. Matters are clear at the extremes. Discrimination based on need is permissible. Discrimination based on race or religion is not. In between, we have a set of hard cases that are more difficult to judge. The article searches for relevant criteria. Finally, on the last question, the article concludes that a political leader could be justified in enacting discrimination as a pragmatic response to political constraints but that, even on such occasions, discrimination remains wrongful. (shrink)

One thing that has to be considered in this process is the place of philosophy itself (Williams 2011 [1985], 4). Politicians often argue that they have no right to keep their hands clean, and that...

The delivery of education in refugee camps has become a key component of humanitarian programs. Since the late 1980s, camps have become the dominant way through which refugee movements are managed around the world. Children, the perfect embodiment of the innocent victim, are particularly targeted by humanitarian aid. When refugee situations become protracted and the temporary permanent, their learning structures tend to be become actual schools made of an administration, a teaching staff and a curriculum. Generally funded (...) and coordinated by the United Nations High Commissioner for Refugees, these camp schools contribute today to the schooling of almost 3,5 millions of refugee children. Going beyond an idealized vision of education as a “basic human right” and an instrument of “protection,” this article looks at the ways in which humanitarian aid contributes to establishing the school norm in the margins of the Nation-States while at the same time being closely intertwined with the politics of controlling human mobility. Based on the case studies of schools in two Congolese refugee camps, we explore which registers of legitimization and understandings of the child they are built on; how they are governed and negotiated on a daily basis by multiple actors; and how they are perceived by the students. What emerges from this analysis are a variety of tensions that characterize the dynamics of these schools: they simultaneously include their students in and exclude them from the dominant social order; they victimize them at the same time as they project them as future citizens, and they produce the conditions of their confinement while creating opportunities for certain socio-spatial mobilities. (shrink)

Under the UNHCR definition of a refugee, set out in the 1967 Protocol Relating to the Status of Refugees, people fleeing their homes because of natural disasters or other environmental problems do not qualify for refugee status and the protection that come from such status. In a recent paper, "Who Are Refugees?", I defended the essentials of the UNHCR definition on the grounds that refugee status and protection is best reserved for people who can only be helped (...) by granting them refuge in a safe state for an indefinite period of time, and argued that this does not include most people fleeing from natural disasters. This claim is most strongly challenged by possibility of displacement from climate change. In this paper I will explore to what degree the logic of the refugee convention, as set out in my earlier paper, can and should be extended to those fleeing the results of climate change, and will argue that the logic of the refugee convention tells in favor of extending refugee protection to a portion of those who must flee their homes because of climate-change related environmental problems. (shrink)

In this paper I am interested in the question of whether and why states should prioritize child refugees over adult refugees in cases where they are not able to grant refuge to all those who are entitled to it. In particular I discuss three grounds on which such a prioritization could be based: (a) vulnerability, (b) efficiency and (c) life phase and life span. As can be shown, these grounds also apply, to some extent, to particular groups of adults such (...) as women, the elderly, or people with special needs. Based on this I conclude that states should invest significant resources into filtering out those who are the most needy and vulnerable although there are several limitations to doing that. Only if such a selection process were impossible, or so costly and time-consuming that it would result in significantly fewer refugees being admitted, would states have good moral reasons to prioritize children without further screening. (shrink)