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Posts tagged refugee rights
Multiple and intersecting harms: Examining use of force in return and its detrimental impact on migrants’ human rights during and after return to Senegal

By Mackenzie Seaman and Jessamy Garver Affeldt

This paper focuses on the multiple intersecting harms (forced returns, expulsion, interception at sea, detention) migrants experience in Senegal during the return process. It pays particular attention to violations and abuses that are frequently reported in relation to such uses of force. The data shows that respondents often endured multiple instances of violations and abuse during their return journey to Senegal. This appeared to compound the challenges they encountered after their return to Senegal.

Geneva: Mixed Migration Centre, 2024. 24p.

Refugee protection in the EU: Building resilience to geopolitical conflict

By Matthias Lücke , Helena Hahn , Silvia Carta , Martin Ruhs , Mehari Taddele Maru , Paweł Kaczmarczyk , Karolina Łukasiewicz , Marta Pachocka , Tobias Heidland

Recent geopolitical events like Russia’s invasion of Ukraine and the instrumentalisation of migration from Belarus to Poland are re-shaping the EU's migration policy. To build a resilient migration and asylum system, the EU and its member states must find a way to balance ad hoc, crisis-oriented responses with a long-term, strategic approach. This is one of the main findings of the 2022 MEDAM Assessment Report “Refugee protection in the EU: Building resilience to geopolitical conflict”.

This final report concludes the Mercator Dialogue on Asylum and Migration (MEDAM). Launched in 2016, the project aimed to develop concrete proposals to reform EU asylum and migration policy based on in-depth research. The report considers the most recent developments in the European migration system and reflects on how the numerous crises facing the EU influence the negotiations on the New Pact on Migration and Asylum, proposed in 2020, and public perception of migrants and refugees.

As Russia continues to wage war against Ukraine, the report provides an insightful analysis of refugee movements from Ukraine to Europe since February 2022. The authors discuss the effectiveness of the TPD and future challenges that the war's outcome can pose.

The report also considers general, global migration trends. First, it looks more closely at the link between migration and development policies. The report advances the argument that the relation between economic development, foreign aid, and out-migration is a complex one, challenging the widespread belief that better economic conditions encourage migration. The report also explores the preconditions for effective cooperation on migration management with countries of origin and transit, with a particular focus on EU-Africa relations.

Recent geopolitical events have put migration and asylum back at the centre of EU policymaking. Yet, member states are still struggling to find a common, structured and effective response. Finding a way to bridge their deep-seated differences will be vital to ensure that the EU is ready to navigate future crises.

MEDAM Assessment Report . Kiel, Germany: Kiel Institute for the World Economy (IfW) Mercator Dialogue on Asylum and Migration (MEDAM). 2022. 92p.

In Search of Control: International comparative research on (extra-)territorial access to asylum and humanitarian protection

By Myrthe Wijnkoop, Stefan Kok, Anouk Pronk, Kathleen Bush -Joseph, Robin Neumann, Monika Sie and Dhian Ho

In this study, ‘In Search of Control’, current developments on access to asylum procedures and humanitarian protection in five destination countries have been studied through five separate country reports. In the synthesis report, results are compared and analysed, looking at which lessons can be learned from the North American context (Canada, United States), the European context (Denmark, the Netherlands) and the context in the Pacific (Australia). Our research shows that all these destination states are facing the same balancing act in search of control of migration. Therefore, they could and should learn from each other’s experiences in tackling this challenge. Firstly, there is a common humanitarian duty and responsibility to provide protection to those in need while demonstrating solidarity with regions facing heightened challenges due to refugee pressures and other geopolitical crises. Secondly, due to an aging population these states face increasing labour shortages, for which migration is needed. Thirdly, states want to remain in control over their borders and want to manage the influx and admission of migrants. Due to this balancing act, there are no ‘quick fixes’ in dealing with asylum migration. As these interrelated challenges are part of a global issue, innovative ways forward need to be based on solidarity and cooperation taking into account mutual interest; of those seeking protection, host countries in the region, transit countries becoming destination countries, communities within traditional destination countries, and of other destination states. To facilitate such cooperation, a clear legal framework with sound preconditions and safeguards is needed to ensure both effectiveness and the protection of the rights of refugees and migrants. This study identifies ten policy approaches that have been initiated or considered by these ‘destination states’ in order to either provide or limit access to asylum procedures and other forms of humanitarian protection. These approaches vary from interdiction to legal pathways, and from procedural measures to strategic communication, as will be briefly described below.

The Hague: Netherlands Institute of International Relations ‘Clingendael, 2024. 360p.

Solidarity in the Media and Public Contention over Refugees in Europe

By Manlio Cinalli, Hans-Jörg Trenz, Verena K. Brändle, Olga Eisele and Christian Lahusen

This book examines the ‘European refugee crisis’, offering an in-depth comparative analysis of how public attitudes towards refugees and humanitarian dispositions are shaped by political news coverage.

An international team of authors address the role of the media in contesting solidarity towards refugees from a variety of disciplinary perspectives. Focusing on the public sphere, the book follows the assumption that solidarity is a social value, political concept and legal principle that is discursively constructed in public contentions. The analysis refers systematically and comparatively to eight European countries, namely, Denmark, France, Germany, Greece, Italy, Poland, Switzerland and the United Kingdom. Treatment of data is also original in the way it deals with variations of public spheres by combining a news media claims-making analysis with a social media reception analysis. In particular, the book highlights the prominent role of the mass media in shaping national and transnational solidarity, while exploring the readiness of the mass media to extend thick conceptions of solidarity to non-members. It proposes a research design for the comparative analysis of online news reception and considers the innovative potential of this method in relation to established public opinion research.

The book is of particular interest for scholars who are interested in the fields of European solidarity, migration and refugees, contentious politics, while providing an approach that talks to scholars of journalism and political communication studies, as well as digital journalism and online news reception.

London; New York: Routledge, 2021. 220p.

The Legal Rights Of Undocumented Immigrants Guide

Legally reviewed by Miriam Domer

Though some may mistakenly believe otherwise, noncitizens (also called undocumented immigrants) have a number of legal rights in the United States. These may include the right to due process and a jury trial in certain court proceedings, the right to payment for their work, the right to defend against deportation, and many more.

People who are facing deportation or who have had their Constitutional rights violated may have legal recourse through a number of immigrant-focused resources.

Legal Rights Guide. https://www.legalfinders.com/immigrants-legal-rights-guide/ 2022. 22p.

Migrant and refugee women in Australia: A study of sexual harassment in the workplace

By Marie Segrave, Rebecca Wickes, Chloe Keel and Shiih Joo (Siru) Tan

This research was developed to support and enhance the Australian Government’s A Roadmap for Respect: Preventing and Addressing Sexual Harassment in Australian Workplaces (2021). Aligning with national commitments to report on and respond to sexual harassment in the workplace, this research fills a recognised gap in addressing the specificity of migrant and refugee women’s experiences. These are not adequately captured in national data currently collected by the Australian Human Rights Commission (AHRC). By building a detailed national picture of the experiences of a diverse group of migrant and refugee women, this research will inform more targeted engagement with women and workplaces regarding unacceptable workplace behaviour.

The research employed a mixed methods approach comprising of two phases: a national survey and a national qualitative project talking to migrant and refugee women and stakeholders across Australia. This report details the findings from a survey of 701 migrant and refugee women.

NSW: Australia’s National Research Organisation for Women’s Safety Limited (ANROWS), 2023. 76p.

African Asylum at a Crossroads

Edited by Iris Berger, Tricia Hepner, Benjamin Lawrence, Joanna Tague, and Meredith Terretta.

Activism, Expert Testimony, and Refugee Rights. This book 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 WalkerSaid.

Athens, OH: Ohio University Press, 2015. 287p.

Borderline Justice

By Frances Webber.

The Fight for Refugee and Migrant Rights. Borderline Justice describes the exclusionary policies, inhumane decisions and obstacles to justice for refugees and migrants in the British legal system. Frances Webber, a long-standing legal practitioner, reveals how the law has been (mis)applied to migrants, refugees and other ‘unpopular minorities’. This book records some of the key legal struggles of the past thirty years which have sought to preserve values of universality in human rights - and the importance of continuing to fight for those values, inside and outside the courtroom. The themes and analysis cross boundaries of law, politics, sociology, criminology, refugee studies and terrorism studies, appealing to the radical tradition in all these disciplines.

London: Pluto Books, 2012. 257p.

Out of the Shadows, Into the Streets!

by Sasha Costanza-Chock.

Transmedia Organizing and the Immigrant Rights Movement.. From the Foreword: “A key issue in this often blurred debate is the role of communication technologies in the formation, organization, and development of the movements. Throughout history, communication has been central to the existence of social movements, which develop beyond the realm of institutionalized channels for the expression of popular demands. It is only by communicating with others that outraged people are able to recognize their collective power before those who control access to the institutions..”

Creative Commons (2014) 295p.

Refugee Journeys

Edited by Jordana Silverstein And Rachel Stevens.

Histories of resettlement, representation and resistance. Refugee Journeys presents stories of how governments, the public and the media have responded to the arrival of people seeking asylum, and how these responses have impacted refugees and their lives. Considers possible ways to break existing policy deadlocks, encouraging readers to imagine a future where we carry vastly different ideas about refugees, government policies and national identities.

ANU Press (2021) 258 pages.

The Routledge Handbook of Smuggling

Edited by Max Gallien and Florian Weigand.

The Routledge Handbook of Smuggling offers a comprehensive survey of interdisciplinary research related to smuggling, reflecting on key themes, and charting current and future trends. Divided into six parts and spanning over 30 chapters, the volume covers themes such as mobility, borders, violent conflict, and state politics, as well as looks at the smuggling of specific goods – from rice and gasoline to wildlife, weapons, and cocaine. Chapters engage with some of the most contentious academic and policy debates of the twenty-first century, including the historical creation of borders, re-bordering, the criminalisation of migration, and the politics of selective toleration of smuggling. As it maps a field that contains unique methodological, ethical, and risk-related challenges, the book takes stock not only of the state of our shared knowledge, but also reflects on how this has been produced, pointing to blind spots and providing an informed vision of the future of the field. Bringing together established and emerging scholars from around the world, The Routledge Handbook of Smuggling is an indispensable resource for students and researchers of conflict studies, borderland studies, criminology, political science, global development, anthropology, sociology, and geography.

London: Routledge, 2021. 484p.